SB3733 Engrossed LRB096 19592 AMC 34984 b
1		AN ACT revise the law by combining multiple enactments and
2		making technical corrections.
3		Be it enacted by the People of the State of Illinois,
4		represented in the General Assembly:
5		Section 1. Nature of this Act.
6		(a) This Act may be cited as the First 2010 General
7		Revisory Act.
8		(b) This Act is not intended to make any substantive change
9		in the law. It reconciles conflicts that have arisen from
10		multiple amendments and enactments and makes technical
11		corrections and revisions in the law.
12		This Act revises and, where appropriate, renumbers certain
13		Sections that have been added or amended by more than one
14		Public Act. In certain cases in which a repealed Act or Section
15		has been replaced with a successor law, this Act may
16		incorporate amendments to the repealed Act or Section into the
17		successor law. This Act also corrects errors, revises
18		cross-references, and deletes obsolete text.
19		(c) In this Act, the reference at the end of each amended
20		Section indicates the sources in the Session Laws of Illinois
21		that were used in the preparation of the text of that Section.
22		The text of the Section included in this Act is intended to
23		include the different versions of the Section found in the
24		Public Acts included in the list of sources, but may not

SB3733 Engrossed - 2 - LRB096 19592 AMC 34984 b
1		include other versions of the Section to be found in Public
2		Acts not included in the list of sources. The list of sources
3		is not a part of the text of the Section.
4		(d) Public Acts 95-1004 through 96-856, with some
5		exceptions because of other legislation pending action by the
6		Governor, were considered in the preparation of the combining
7		revisories included in this Act. Many of those combining
8		revisories contain no striking or underscoring because no
9		additional changes are being made in the material that is being
10		combined.
11		Section 5. The Regulatory Sunset Act is amended by changing
12		Sections 4.20 and 4.30 as follows:
13		(5 ILCS 80/4.20)
14		Sec. 4.20. Act Acts repealed on January 1, 2010 and
15		December 31, 2010. (a) The following Acts are repealed on
16		January 1, 2010: (b) The following Act is repealed on December
17		31, 2010:
18		The Medical Practice Act of 1987.
19		(Source: P.A. 95-1018, eff. 12-18-08; 96-610, eff. 8-24-09;
20		96-626, eff. 8-24-09; 96-682, eff. 8-25-09; 96-730, eff.
21		8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09; revised
22		1-6-10.)
23		(5 ILCS 80/4.30)

SB3733 Engrossed - 3 - LRB096 19592 AMC 34984 b
1		(Text of Section before amendment by P.A. 96-726)
2		Sec. 4.30. Acts Act repealed on January 1, 2020. The
3		following Acts are Act is repealed on January 1, 2020:
4		The Auction License Act.
5		The Illinois Architecture Practice Act of 1989.
6		The Illinois Landscape Architecture Act of 1989.
7		The Illinois Professional Land Surveyor Act of 1989.
8		The Land Sales Registration Act of 1999.
9		The Orthotics, Prosthetics, and Pedorthics Practice Act.
10		The Perfusionist Practice Act.
11		The Professional Engineering Practice Act of 1989.
12		The Real Estate License Act of 2000.
13		The Structural Engineering Practice Act of 1989.
14		(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09;
15		96-682, eff. 8-25-09; 96-730, eff. 8-25-09; 96-855, eff.
16		12-31-09; 96-856, eff. 12-31-09; revised 1-6-10.)
17		(Text of Section after amendment by P.A. 96-726)
18		Sec. 4.30. Acts Act repealed on January 1, 2020. The
19		following Acts are Act is repealed on January 1, 2020:
20		The Auction License Act.
21		The Community Association Manager Licensing and
22		Disciplinary Act.
23		The Illinois Architecture Practice Act of 1989.
24		The Illinois Landscape Architecture Act of 1989.
25		The Illinois Professional Land Surveyor Act of 1989.

SB3733 Engrossed - 4 - LRB096 19592 AMC 34984 b
1		The Land Sales Registration Act of 1999.
2		The Orthotics, Prosthetics, and Pedorthics Practice Act.
3		The Perfusionist Practice Act.
4		The Professional Engineering Practice Act of 1989.
5		The Real Estate License Act of 2000.
6		The Structural Engineering Practice Act of 1989.
7		(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09;
8		96-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff.
9		8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09; revised
10		1-6-10.)
11		(5 ILCS 80/4.18 rep.)
12		Section 7. The Regulatory Sunset Act is amended by
13		repealing Section 4.18.
14		Section 10. The Freedom of Information Act is amended by
15		changing Sections 2, 4, and 6 as follows:
16		(5 ILCS 140/2) (from Ch. 116, par. 202)
17		Sec. 2. Definitions. As used in this Act:
18		(a) "Public body" means all legislative, executive,
19		administrative, or advisory bodies of the State, state
20		universities and colleges, counties, townships, cities,
21		villages, incorporated towns, school districts and all other
22		municipal corporations, boards, bureaus, committees, or
23		commissions of this State, any subsidiary bodies of any of the

SB3733 Engrossed - 5 - LRB096 19592 AMC 34984 b
1		foregoing including but not limited to committees and
2		subcommittees thereof, and a School Finance Authority created
3		under Article 1E of the School Code. "Public body" does not
4		include a child death review team or the Illinois Child Death
5		Review Teams Executive Council established under the Child
6		Death Review Team Act.
7		(b) "Person" means any individual, corporation,
8		partnership, firm, organization or association, acting
9		individually or as a group.
10		(c) "Public records" means all records, reports, forms,
11		writings, letters, memoranda, books, papers, maps,
12		photographs, microfilms, cards, tapes, recordings, electronic
13		data processing records, electronic communications, recorded
14		information and all other documentary materials pertaining to
15		the transaction of public business, regardless of physical form
16		or characteristics, having been prepared by or for, or having
17		been or being used by, received by, in the possession of, or
18		under the control of any public body; and (xviii) reports
19		prepared by institutions of higher education in the State of
20		Illinois documenting their relationship with credit card
21		issuers, otherwise disclosed to the Illinois Board of Higher
22		Education.
23		(c-5) "Private information" means unique identifiers,
24		including a person's social security number, driver's license
25		number, employee identification number, biometric identifiers,
26		personal financial information, passwords or other access

SB3733 Engrossed - 6 - LRB096 19592 AMC 34984 b
1		codes, medical records, home or personal telephone numbers, and
2		personal email addresses. Private information also includes
3		home address and personal license plates, except as otherwise
4		provided by law or when compiled without possibility of
5		attribution to any person.
6		(c-10) "Commercial purpose" means the use of any part of a
7		public record or records, or information derived from public
8		records, in any form for sale, resale, or solicitation or
9		advertisement for sales or services. For purposes of this
10		definition, requests made by news media and non-profit,
11		scientific, or academic organizations shall not be considered
12		to be made for a "commercial purpose" when the principal
13		purpose of the request is (i) to access and disseminate
14		information concerning news and current or passing events, (ii)
15		for articles of opinion or features of interest to the public,
16		or (iii) for the purpose of academic, scientific, or public
17		research or education.
18		(d) "Copying" means the reproduction of any public record
19		by means of any photographic, electronic, mechanical or other
20		process, device or means now known or hereafter developed and
21		available to the public body.
22		(e) "Head of the public body" means the president, mayor,
23		chairman, presiding officer, director, superintendent,
24		manager, supervisor or individual otherwise holding primary
25		executive and administrative authority for the public body, or
26		such person's duly authorized designee.

SB3733 Engrossed - 7 - LRB096 19592 AMC 34984 b
1		(f) "News media" means a newspaper or other periodical
2		issued at regular intervals whether in print or electronic
3		format, a news service whether in print or electronic format, a
4		radio station, a television station, a television network, a
5		community antenna television service, or a person or
6		corporation engaged in making news reels or other motion
7		picture news for public showing.
8		(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; revised
9		9-15-09.)
10		(5 ILCS 140/4) (from Ch. 116, par. 204)
11		Sec. 4. Each public body shall prominently display at each
12		of its administrative or regional offices, make available for
13		inspection and copying, and send through the mail if requested,
14		each of the following:
15		(a) A brief description of itself, which will include,
16		but not be limited to, a short summary of its purpose, a
17		block diagram giving its functional subdivisions, the
18		total amount of its operating budget, the number and
19		location of all of its separate offices, the approximate
20		number of full and part-time employees, and the
21		identification and membership of any board, commission,
22		committee, or council which operates in an advisory
23		capacity relative to the operation of the public body, or
24		which exercises control over its policies or procedures, or
25		to which the public body is required to report and be

SB3733 Engrossed - 8 - LRB096 19592 AMC 34984 b
1		answerable for its operations; and
2		(b) A brief description of the methods whereby the
3		public may request information and public records, a
4		directory designating the Freedom of Information officer
5		or officers, the address where requests for public records
6		should be directed, and any fees allowable under Section 6
7		of this Act.
8		(c) A public body that maintains a website shall also post
9		this information on its website.
10		(Source: P.A. 96-542, eff. 1-1-10; revised 10-30-09.)
11		(5 ILCS 140/6) (from Ch. 116, par. 206)
12		Sec. 6. Authority to charge fees.
13		(a) When a person requests a copy of a record maintained in
14		an electronic format, the public body shall furnish it in the
15		electronic format specified by the requester, if feasible. If
16		it is not feasible to furnish the public records in the
17		specified electronic format, then the public body shall furnish
18		it in the format in which it is maintained by the public body,
19		or in paper format at the option of the requester. A public
20		body may charge the requester for the actual cost of purchasing
21		the recording medium, whether disc, diskette, tape, or other
22		medium. A public body may not charge the requester for the
23		costs of any search for and review of the records or other
24		personnel costs associated with reproducing the records.
25		Except to the extent that the General Assembly expressly

SB3733 Engrossed - 9 - LRB096 19592 AMC 34984 b
1		provides, statutory fees applicable to copies of public records
2		when furnished in a paper format shall not be applicable to
3		those records when furnished in an electronic format.
4		(b) Except when a fee is otherwise fixed by statute, each
5		public body may charge fees reasonably calculated to reimburse
6		its actual cost for reproducing and certifying public records
7		and for the use, by any person, of the equipment of the public
8		body to copy records. No fees shall be charged for the first 50
9		pages of black and white, letter or legal sized copies
10		requested by a requester. The fee for black and white, letter
11		or legal sized copies shall not exceed 15 cents per page. If a
12		public body provides copies in color or in a size other than
13		letter or legal, the public body may not charge more than its
14		actual cost for reproducing the records. In calculating its
15		actual cost for reproducing records or for the use of the
16		equipment of the public body to reproduce records, a public
17		body shall not include the costs of any search for and review
18		of the records or other personnel costs associated with
19		reproducing the records. Such fees shall be imposed according
20		to a standard scale of fees, established and made public by the
21		body imposing them. The cost for certifying a record shall not
22		exceed $1.
23		(c) Documents shall be furnished without charge or at a
24		reduced charge, as determined by the public body, if the person
25		requesting the documents states the specific purpose for the
26		request and indicates that a waiver or reduction of the fee is

SB3733 Engrossed - 10 - LRB096 19592 AMC 34984 b
1		in the public interest. Waiver or reduction of the fee is in
2		the public interest if the principal purpose of the request is
3		to access and disseminate information regarding the health,
4		safety and welfare or the legal rights of the general public
5		and is not for the principal purpose of personal or commercial
6		benefit. For purposes of this subsection, "commercial benefit"
7		shall not apply to requests made by news media when the
8		principal purpose of the request is to access and disseminate
9		information regarding the health, safety, and welfare or the
10		legal rights of the general public. In setting the amount of
11		the waiver or reduction, the public body may take into
12		consideration the amount of materials requested and the cost of
13		copying them.
14		(d) The imposition of a fee not consistent with subsections
15		(6)(a) and (b) of this Act constitutes a denial of access to
16		public records for the purposes of judicial review.
17		(e) (d) The fee for each abstract of a driver's record
18		shall be as provided in Section 6-118 of "The Illinois Vehicle
19		Code", approved September 29, 1969, as amended, whether
20		furnished as a paper copy or as an electronic copy.
21		(Source: P.A. 96-542, eff. 1-1-10; revised 1-4-10.)
22		Section 15. The Elected Officials Misconduct Forfeiture
23		Act is amended by changing Section 5 as follows:
24		(5 ILCS 282/5)

SB3733 Engrossed - 11 - LRB096 19592 AMC 34984 b
1		Sec. 5. Definitions. For the purposes of this Act, "elected
2		official" means any former elected official whose term of
3		office is terminated by operation of law for conviction of an
4		offense, who is removed from office on conviction of
5		impeachment for misconduct in office, or who resigned from
6		office prior to, upon, or after conviction; and "proceeds"
7		means any interest in property of any kind acquired through or
8		caused by an act or omission, or derived from the act or
9		omission, directly or indirectly, and any fruits of this
10		interest, in whatever form.
11		(Source: P.A. 96-597, eff. 8-18-09; revised 10-30-09.)
12		Section 20. The State Employees Group Insurance Act of 1971
13		is amended by changing Section 6.11 as follows:
14		(5 ILCS 375/6.11)
15		Sec. 6.11. Required health benefits; Illinois Insurance
16		Code requirements. The program of health benefits shall provide
17		the post-mastectomy care benefits required to be covered by a
18		policy of accident and health insurance under Section 356t of
19		the Illinois Insurance Code. The program of health benefits
20		shall provide the coverage required under Sections 356g,
21		356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
22		356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, and
23		356z.13, and 356z.14, 356z.15 and 356z.14, and 356z.17 356z.15
24		of the Illinois Insurance Code. The program of health benefits

SB3733 Engrossed - 12 - LRB096 19592 AMC 34984 b
1		must comply with Section 155.37 of the Illinois Insurance Code.
2		Rulemaking authority to implement Public Act 95-1045 this
3		amendatory Act of the 95th General Assembly, if any, is
4		conditioned on the rules being adopted in accordance with all
5		provisions of the Illinois Administrative Procedure Act and all
6		rules and procedures of the Joint Committee on Administrative
7		Rules; any purported rule not so adopted, for whatever reason,
8		is unauthorized.
9		(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
10		95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff.
11		6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; 95-1044,
12		eff. 3-26-09; 95-1045, eff. 3-27-09; 95-1049, eff. 1-1-10;
13		96-139, eff. 1-1-10; 96-328, eff. 8-11-09; 96-639, eff. 1-1-10;
14		revised 10-22-09.)
15		Section 25. The Illinois Governmental Ethics Act is amended
16		by changing Sections 4A-101 and 4A-107 as follows:
17		(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
18		Sec. 4A-101. Persons required to file. The following
19		persons shall file verified written statements of economic
20		interests, as provided in this Article:
21		(a) Members of the General Assembly and candidates for
22		nomination or election to the General Assembly.
23		(b) Persons holding an elected office in the Executive
24		Branch of this State, and candidates for nomination or

SB3733 Engrossed - 13 - LRB096 19592 AMC 34984 b
1		election to these offices.
2		(c) Members of a Commission or Board created by the
3		Illinois Constitution, and candidates for nomination or
4		election to such Commission or Board.
5		(d) Persons whose appointment to office is subject to
6		confirmation by the Senate and persons appointed by the
7		Governor to any other position on a board or commission
8		described in subsection (a) of Section 15 of the
9		Gubernatorial Boards and Commissions Act.
10		(e) Holders of, and candidates for nomination or
11		election to, the office of judge or associate judge of the
12		Circuit Court and the office of judge of the Appellate or
13		Supreme Court.
14		(f) Persons who are employed by any branch, agency,
15		authority or board of the government of this State,
16		including but not limited to, the Illinois State Toll
17		Highway Authority, the Illinois Housing Development
18		Authority, the Illinois Community College Board, and
19		institutions under the jurisdiction of the Board of
20		Trustees of the University of Illinois, Board of Trustees
21		of Southern Illinois University, Board of Trustees of
22		Chicago State University, Board of Trustees of Eastern
23		Illinois University, Board of Trustees of Governor's State
24		University, Board of Trustees of Illinois State
25		University, Board of Trustees of Northeastern Illinois
26		University, Board of Trustees of Northern Illinois

SB3733 Engrossed - 14 - LRB096 19592 AMC 34984 b
1		University, Board of Trustees of Western Illinois
2		University, or Board of Trustees of the Illinois
3		Mathematics and Science Academy, and are compensated for
4		services as employees and not as independent contractors
5		and who:
6		(1) are, or function as, the head of a department,
7		commission, board, division, bureau, authority or
8		other administrative unit within the government of
9		this State, or who exercise similar authority within
10		the government of this State;
11		(2) have direct supervisory authority over, or
12		direct responsibility for the formulation,
13		negotiation, issuance or execution of contracts
14		entered into by the State in the amount of $5,000 or
15		more;
16		(3) have authority for the issuance or
17		promulgation of rules and regulations within areas
18		under the authority of the State;
19		(4) have authority for the approval of
20		professional licenses;
21		(5) have responsibility with respect to the
22		financial inspection of regulated nongovernmental
23		entities;
24		(6) adjudicate, arbitrate, or decide any judicial
25		or administrative proceeding, or review the
26		adjudication, arbitration or decision of any judicial

SB3733 Engrossed - 15 - LRB096 19592 AMC 34984 b
1		or administrative proceeding within the authority of
2		the State;
3		(7) have supervisory responsibility for 20 or more
4		employees of the State;
5		(8) negotiate, assign, authorize, or grant naming
6		rights or sponsorship rights regarding any property or
7		asset of the State, whether real, personal, tangible,
8		or intangible; or
9		(9) have responsibility with respect to the
10		procurement of goods or services.
11		(g) Persons who are elected to office in a unit of
12		local government, and candidates for nomination or
13		election to that office, including regional
14		superintendents of school districts.
15		(h) Persons appointed to the governing board of a unit
16		of local government, or of a special district, and persons
17		appointed to a zoning board, or zoning board of appeals, or
18		to a regional, county, or municipal plan commission, or to
19		a board of review of any county, and persons appointed to
20		the Board of the Metropolitan Pier and Exposition Authority
21		and any Trustee appointed under Section 22 of the
22		Metropolitan Pier and Exposition Authority Act, and
23		persons appointed to a board or commission of a unit of
24		local government who have authority to authorize the
25		expenditure of public funds. This subsection does not apply
26		to members of boards or commissions who function in an

SB3733 Engrossed - 16 - LRB096 19592 AMC 34984 b
1		advisory capacity.
2		(i) Persons who are employed by a unit of local
3		government and are compensated for services as employees
4		and not as independent contractors and who:
5		(1) are, or function as, the head of a department,
6		division, bureau, authority or other administrative
7		unit within the unit of local government, or who
8		exercise similar authority within the unit of local
9		government;
10		(2) have direct supervisory authority over, or
11		direct responsibility for the formulation,
12		negotiation, issuance or execution of contracts
13		entered into by the unit of local government in the
14		amount of $1,000 or greater;
15		(3) have authority to approve licenses and permits
16		by the unit of local government; this item does not
17		include employees who function in a ministerial
18		capacity;
19		(4) adjudicate, arbitrate, or decide any judicial
20		or administrative proceeding, or review the
21		adjudication, arbitration or decision of any judicial
22		or administrative proceeding within the authority of
23		the unit of local government;
24		(5) have authority to issue or promulgate rules and
25		regulations within areas under the authority of the
26		unit of local government; or

SB3733 Engrossed - 17 - LRB096 19592 AMC 34984 b
1		(6) have supervisory responsibility for 20 or more
2		employees of the unit of local government.
3		(j) Persons on the Board of Trustees of the Illinois
4		Mathematics and Science Academy.
5		(k) Persons employed by a school district in positions
6		that require that person to hold an administrative or a
7		chief school business official endorsement.
8		(l) Special government agents. A "special government
9		agent" is a person who is directed, retained, designated,
10		appointed, or employed, with or without compensation, by or
11		on behalf of a statewide executive branch constitutional
12		officer to make an ex parte communication under Section
13		5-50 of the State Officials and Employees Ethics Act or
14		Section 5-165 of the Illinois Administrative Procedure
15		Act.
16		(m) Members of the board of commissioners of any flood
17		prevention district.
18		(n) Members of the board of any retirement system or
19		investment board established under the Illinois Pension
20		Code, if not required to file under any other provision of
21		this Section.
22		(o) Members of the board of any pension fund
23		established under the Illinois Pension Code, if not
24		required to file under any other provision of this Section.
25		This Section shall not be construed to prevent any unit of
26		local government from enacting financial disclosure

SB3733 Engrossed - 18 - LRB096 19592 AMC 34984 b
1		requirements that mandate more information than required by
2		this Act.
3		(Source: P.A. 95-719, eff. 5-21-08; 96-6, eff. 4-3-09; 96-543,
4		eff. 8-17-09; 96-555, eff. 8-18-09; revised 9-21-09.)
5		(5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
6		Sec. 4A-107. Any person required to file a statement of
7		economic interests under this Article who willfully files a
8		false or incomplete statement shall be guilty of a Class A
9		misdemeanor.
10		Except when the fees and penalties for late filing have
11		been waived under Section 4A-105, failure to file a statement
12		within the time prescribed shall result in ineligibility for,
13		or forfeiture of, office or position of employment, as the case
14		may be; provided, however, that if the notice of failure to
15		file a statement of economic interests provided in Section
16		4A-105 of this Act is not given by the Secretary of State or
17		the county clerk, as the case may be, no forfeiture shall
18		result if a statement is filed within 30 days of actual notice
19		of the failure to file. The Secretary of State shall provide
20		the Attorney General with the names of persons who failed to
21		file a statement. The county clerk shall provide the State's
22		Attorney of the county of the entity for which the filing of
23		statement of economic interest is required with the name of
24		persons who failed to file a statement.
25		The Attorney General, with respect to offices or positions

SB3733 Engrossed - 19 - LRB096 19592 AMC 34984 b
1		described in items (a) through (f) and items (j), (l), and (n)
2		of Section 4A-101 of this Act, or the State's Attorney of the
3		county of the entity for which the filing of statements of
4		economic interests is required, with respect to offices or
5		positions described in items (g) through (i), item (k), and
6		item (o) of Section 4A-101 of this Act, shall bring an action
7		in quo warranto against any person who has failed to file by
8		either May 31 or June 30 of any given year and for whom the fees
9		and penalties for late filing have not been waived under
10		Section 4A-105.
11		(Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; revised
12		9-15-09.)
13		Section 30. The State Commemorative Dates Act is amended by
14		setting forth and renumbering multiple versions of Section 125
15		as follows:
16		(5 ILCS 490/125)
17		Sec. 125. Parkinson's Awareness Month. April of each year
18		is designated as Parkinson's Awareness Month, to be observed
19		throughout the State as a month to promote the awareness of
20		Parkinson's disease.
21		(Source: P.A. 96-375, eff. 1-1-10.)
22		(5 ILCS 490/130)
23		Sec. 130 125. Ovarian and Prostate Cancer Awareness Month.

SB3733 Engrossed - 20 - LRB096 19592 AMC 34984 b
1		The month of September of each year is designated as Ovarian
2		and Prostate Cancer Awareness Month to be observed throughout
3		the State as a month set apart to promote advocacy activities
4		and the study of ovarian and prostate cancer and to honor those
5		whose lives have been impacted by the disease. The Governor may
6		annually issue a proclamation designating September as Ovarian
7		and Prostate Cancer Awareness Month and calling upon the
8		citizens of the State to promote awareness of ovarian and
9		prostate cancer.
10		(Source: P.A. 96-396, eff. 1-1-10; revised 9-15-09.)
11		(5 ILCS 490/135)
12		Sec. 135 125. Brain Aneurysm Awareness Month. September of
13		each year is designated as Brain Aneurysm Awareness Month, to
14		be observed throughout the State as a month to promote the
15		awareness of brain aneurysm prevention and treatment.
16		(Source: P.A. 96-463, eff. 1-1-10; revised 9-15-09.)
17		(5 ILCS 490/140)
18		Sec. 140 125. Children's Day (El Dia de los Ninos). The
19		second Sunday in June each year is a holiday to be known as
20		Children's Day (El Dia de los Ninos). Children's Day is to be
21		observed throughout the State as a day to recognize and
22		acknowledge the lives of all children and to pledge our
23		dedication to their future and ours.
24		(Source: P.A. 96-465, eff. 1-1-10; revised 9-15-09.)

SB3733 Engrossed - 21 - LRB096 19592 AMC 34984 b
1		(5 ILCS 490/145)
2		Sec. 145 125. Peace Officers Memorial Day; National Peace
3		Officers Memorial Day.
4		(a) The first Thursday in May of each year is designated
5		Peace Officers Memorial Day in Illinois. Peace Officers
6		Memorial Day shall be observed throughout the State by the
7		citizens of Illinois with civic remembrances of the sacrifices
8		made on their behalf by the peace officers of Illinois,
9		especially the ultimate sacrifice given by those officers who
10		lost their lives in the line of duty.
11		(b) May 15th of each year is recognized in Illinois as
12		National Peace Officers Memorial Day, to be observed throughout
13		the State in coordination with the citizens of the United
14		States with respect and gratitude for the service to America
15		given by peace officers across the nation.
16		(Source: P.A. 96-518, eff. 1-1-10; revised 9-15-09.)
17		(5 ILCS 490/150)
18		Sec. 150 125. Adlai Stevenson Day. February 5 of each year
19		is designated as Adlai Stevenson Day, to be observed throughout
20		the State as a day to remember and honor the legacy of public
21		service of Adlai Stevenson II (1900-1965), Governor of Illinois
22		and United States Ambassador to the United Nations.
23		(Source: P.A. 96-559, eff. 1-1-10; revised 9-15-09.)

SB3733 Engrossed - 22 - LRB096 19592 AMC 34984 b
1		Section 35. The Election Code is amended by changing
2		Sections 1-3, 3-3, 4-10, 5-9, 7-14.1, 19-3, and 20-2.3 as
3		follows:
4		(10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
5		Sec. 1-3. As used in this Act, unless the context otherwise
6		requires:
7		1. "Election" includes the submission of all questions of
8		public policy, propositions, and all measures submitted to
9		popular vote, and includes primary elections when so indicated
10		by the context.
11		2. "Regular election" means the general, general primary,
12		consolidated and consolidated primary elections regularly
13		scheduled in Article 2A. The even numbered year municipal
14		primary established in Article 2A is a regular election only
15		with respect to those municipalities in which a primary is
16		required to be held on such date.
17		3. "Special election" means an election not regularly
18		recurring at fixed intervals, irrespective of whether it is
19		held at the same time and place and by the same election
20		officers as a regular election.
21		4. "General election" means the biennial election at which
22		members of the General Assembly are elected. "General primary
23		election", "consolidated election" and "consolidated primary
24		election" mean the respective elections or the election dates
25		designated and established in Article 2A of this Code.

SB3733 Engrossed - 23 - LRB096 19592 AMC 34984 b
1		5. "Municipal election" means an election or primary,
2		either regular or special, in cities, villages, and
3		incorporated towns; and "municipality" means any such city,
4		village or incorporated town.
5		6. "Political or governmental subdivision" means any unit
6		of local government, or school district in which elections are
7		or may be held. "Political or governmental subdivision" also
8		includes, for election purposes, Regional Boards of School
9		Trustees, and Township Boards of School Trustees.
10		7. The word "township" and the word "town" shall apply
11		interchangeably to the type of governmental organization
12		established in accordance with the provisions of the Township
13		Code. The term "incorporated town" shall mean a municipality
14		referred to as an incorporated town in the Illinois Municipal
15		Code, as now or hereafter amended.
16		8. "Election authority" means a county clerk or a Board of
17		Election Commissioners.
18		9. "Election Jurisdiction" means (a) an entire county, in
19		the case of a county in which no city board of election
20		commissioners is located or which is under the jurisdiction of
21		a county board of election commissioners; (b) the territorial
22		jurisdiction of a city board of election commissioners; and (c)
23		the territory in a county outside of the jurisdiction of a city
24		board of election commissioners. In each instance election
25		jurisdiction shall be determined according to which election
26		authority maintains the permanent registration records of

SB3733 Engrossed - 24 - LRB096 19592 AMC 34984 b
1		qualified electors.
2		10. "Local election official" means the clerk or secretary
3		of a unit of local government or school district, as the case
4		may be, the treasurer of a township board of school trustees,
5		and the regional superintendent of schools with respect to the
6		various school officer elections and school referenda for which
7		the regional superintendent is assigned election duties by The
8		School Code, as now or hereafter amended.
9		11. "Judges of election", "primary judges" and similar
10		terms, as applied to cases where there are 2 sets of judges,
11		when used in connection with duties at an election during the
12		hours the polls are open, refer to the team of judges of
13		election on duty during such hours; and, when used with
14		reference to duties after the closing of the polls, refer to
15		the team of tally judges designated to count the vote after the
16		closing of the polls and the holdover judges designated
17		pursuant to Section 13-6.2 or 14-5.2. In such case, where,
18		after the closing of the polls, any act is required to be
19		performed by each of the judges of election, it shall be
20		performed by each of the tally judges and by each of the
21		holdover judges.
22		12. "Petition" of candidacy as used in Sections 7-10 and
23		7-10.1 shall consist of a statement of candidacy, candidate's
24		statement containing oath, and sheets containing signatures of
25		qualified primary electors bound together.
26		13. "Election district" and "precinct", when used with

SB3733 Engrossed - 25 - LRB096 19592 AMC 34984 b
1		reference to a 30-day residence requirement, means the smallest
2		constituent territory in which electors vote as a unit at the
3		same polling place in any election governed by this Act.
4		14. "District" means any area which votes as a unit for the
5		election of any officer, other than the State or a unit of
6		local government or school district, and includes, but is not
7		limited to, legislative, congressional and judicial districts,
8		judicial circuits, county board districts, municipal and
9		sanitary district wards, school board districts, and
10		precincts.
11		15. "Question of public policy" or "public question" means
12		any question, proposition or measure submitted to the voters at
13		an election dealing with subject matter other than the
14		nomination or election of candidates and shall include, but is
15		not limited to, any bond or tax referendum, and questions
16		relating to the Constitution.
17		16. "Ordinance providing the form of government of a
18		municipality or county pursuant to Article VII of the
19		Constitution" includes ordinances, resolutions and petitions
20		adopted by referendum which provide for the form of government,
21		the officers or the manner of selection or terms of office of
22		officers of such municipality or county, pursuant to the
23		provisions of Sections 4, 6 or 7 of Article VII of the
24		Constitution.
25		17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
26		6-60, and 6-66 shall include a computer tape or computer disc

SB3733 Engrossed - 26 - LRB096 19592 AMC 34984 b
1		or other electronic data processing information containing
2		voter information.
3		18. "Accessible" means accessible to handicapped and
4		elderly individuals for the purpose of voting or registration,
5		as determined by rule of the State Board of Elections.
6		19. "Elderly" means 65 years of age or older.
7		20. "Handicapped" means having a temporary or permanent
8		physical disability.
9		21. "Leading political party" means one of the two
10		political parties whose candidates for governor at the most
11		recent three gubernatorial elections received either the
12		highest or second highest average number of votes. The
13		political party whose candidates for governor received the
14		highest average number of votes shall be known as the first
15		leading political party and the political party whose
16		candidates for governor received the second highest average
17		number of votes shall be known as the second leading political
18		party.
19		22. "Business day" means any day in which the office of an
20		election authority, local election official or the State Board
21		of Elections is open to the public for a minimum of 7 hours.
22		23. "Homeless individual" means any person who has a
23		nontraditional residence, including, but not limited to, a
24		shelter, day shelter, park bench, street corner, or space under
25		a bridge.
26		(Source: P.A. 90-358, eff. 1-1-98; revised 11-18-09.)

SB3733 Engrossed - 27 - LRB096 19592 AMC 34984 b
1		(10 ILCS 5/3-3) (from Ch. 46, par. 3-3)
2		(Text of Section before amendment by P.A. 96-339)
3		Sec. 3-3. Every honorably discharged soldier or sailor who
4		is an inmate of any soldiers' and sailors' home within the
5		State of Illinois, any person who is a resident of a facility
6		licensed or certified pursuant to the Nursing Home Care Act, or
7		any person who is a resident of a community-integrated living
8		arrangement, as defined in Section 3 of the
9		Community-Integrated Living Arrangements Licensure and
10		Certification Act, for 30 days or longer, and who is a citizen
11		of the United States and has resided in this State and in the
12		election district 30 days next preceding any election shall be
13		entitled to vote in the election district in which any such
14		home or community-integrated living arrangement in which he is
15		an inmate or resident is located, for all officers that now are
16		or hereafter may be elected by the people, and upon all
17		questions that may be submitted to the vote of the people:
18		Provided, that he shall declare upon oath, that it was his bona
19		fide intention at the time he entered said home or
20		community-integrated living arrangement to become a resident
21		thereof.
22		(Source: P.A. 96-563, eff. 1-1-10.)
23		(Text of Section after amendment by P.A. 96-339)
24		Sec. 3-3. Every honorably discharged soldier or sailor who

SB3733 Engrossed - 28 - LRB096 19592 AMC 34984 b
1		is an inmate of any soldiers' and sailors' home within the
2		State of Illinois, any person who is a resident of a facility
3		licensed or certified pursuant to the Nursing Home Care Act or
4		the MR/DD Community Care Act, or any person who is a resident
5		of a community-integrated living arrangement, as defined in
6		Section 3 of the Community-Integrated Living Arrangements
7		Licensure and Certification Act, for 30 days or longer, and who
8		is a citizen of the United States and has resided in this State
9		and in the election district 30 days next preceding any
10		election shall be entitled to vote in the election district in
11		which any such home or community-integrated living arrangement
12		in which he is an inmate or resident is located, for all
13		officers that now are or hereafter may be elected by the
14		people, and upon all questions that may be submitted to the
15		vote of the people: Provided, that he shall declare upon oath,
16		that it was his bona fide intention at the time he entered said
17		home or community-integrated living arrangement to become a
18		resident thereof.
19		(Source: P.A. 96-339, eff. 7-1-10; 96-563, eff. 1-1-10; revised
20		9-25-09.)
21		(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
22		(Text of Section before amendment by P.A. 96-339)
23		Sec. 4-10. Except as herein provided, no person shall be
24		registered, unless he applies in person to a registration
25		officer, answers such relevant questions as may be asked of him

SB3733 Engrossed - 29 - LRB096 19592 AMC 34984 b
1		by the registration officer, and executes the affidavit of
2		registration. The registration officer shall require the
3		applicant to furnish two forms of identification, and except in
4		the case of a homeless individual, one of which must include
5		his or her residence address. These forms of identification
6		shall include, but not be limited to, any of the following:
7		driver's license, social security card, public aid
8		identification card, utility bill, employee or student
9		identification card, lease or contract for a residence, credit
10		card, or a civic, union or professional association membership
11		card. The registration officer shall require a homeless
12		individual to furnish evidence of his or her use of the mailing
13		address stated. This use may be demonstrated by a piece of mail
14		addressed to that individual and received at that address or by
15		a statement from a person authorizing use of the mailing
16		address. The registration officer shall require each applicant
17		for registration to read or have read to him the affidavit of
18		registration before permitting him to execute the affidavit.
19		One of the registration officers or a deputy registration
20		officer, county clerk, or clerk in the office of the county
21		clerk, shall administer to all persons who shall personally
22		apply to register the following oath or affirmation:
23		"You do solemnly swear (or affirm) that you will fully and
24		truly answer all such questions as shall be put to you touching
25		your name, place of residence, place of birth, your
26		qualifications as an elector and your right as such to register

SB3733 Engrossed - 30 - LRB096 19592 AMC 34984 b
1		and vote under the laws of the State of Illinois."
2		The registration officer shall satisfy himself that each
3		applicant for registration is qualified to register before
4		registering him. If the registration officer has reason to
5		believe that the applicant is a resident of a Soldiers' and
6		Sailors' Home or any facility which is licensed or certified
7		pursuant to the Nursing Home Care Act, the following question
8		shall be put, "When you entered the home which is your present
9		address, was it your bona fide intention to become a resident
10		thereof?" Any voter of a township, city, village or
11		incorporated town in which such applicant resides, shall be
12		permitted to be present at the place of any precinct
13		registration and shall have the right to challenge any
14		applicant who applies to be registered.
15		In case the officer is not satisfied that the applicant is
16		qualified he shall forthwith notify such applicant in writing
17		to appear before the county clerk to complete his registration.
18		Upon the card of such applicant shall be written the word
19		"incomplete" and no such applicant shall be permitted to vote
20		unless such registration is satisfactorily completed as
21		hereinafter provided. No registration shall be taken and marked
22		as incomplete if information to complete it can be furnished on
23		the date of the original application.
24		Any person claiming to be an elector in any election
25		precinct and whose registration card is marked "Incomplete" may
26		make and sign an application in writing, under oath, to the

SB3733 Engrossed - 31 - LRB096 19592 AMC 34984 b
1		county clerk in substance in the following form:
2		"I do solemnly swear that I, ...., did on (insert date)
3		make application to the board of registry of the .... precinct
4		of the township of .... (or to the county clerk of .... county)
5		and that said board or clerk refused to complete my
6		registration as a qualified voter in said precinct. That I
7		reside in said precinct, that I intend to reside in said
8		precinct, and am a duly qualified voter of said precinct and am
9		entitled to be registered to vote in said precinct at the next
10		election.
11		(Signature of applicant) ............................."
12		All such applications shall be presented to the county
13		clerk or to his duly authorized representative by the
14		applicant, in person between the hours of 9:00 a.m. and 5:00
15		p.m. on any day after the days on which the 1969 and 1970
16		precinct re-registrations are held but not on any day within 27
17		days preceding the ensuing general election and thereafter for
18		the registration provided in Section 4-7 all such applications
19		shall be presented to the county clerk or his duly authorized
20		representative by the applicant in person between the hours of
21		9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
22		the ensuing general election. Such application shall be heard
23		by the county clerk or his duly authorized representative at
24		the time the application is presented. If the applicant for
25		registration has registered with the county clerk, such

SB3733 Engrossed - 32 - LRB096 19592 AMC 34984 b
1		application may be presented to and heard by the county clerk
2		or by his duly authorized representative upon the dates
3		specified above or at any time prior thereto designated by the
4		county clerk.
5		Any otherwise qualified person who is absent from his
6		county of residence either due to business of the United States
7		or because he is temporarily outside the territorial limits of
8		the United States may become registered by mailing an
9		application to the county clerk within the periods of
10		registration provided for in this Article, or by simultaneous
11		application for absentee registration and absentee ballot as
12		provided in Article 20 of this Code.
13		Upon receipt of such application the county clerk shall
14		immediately mail an affidavit of registration in duplicate,
15		which affidavit shall contain the following and such other
16		information as the State Board of Elections may think it proper
17		to require for the identification of the applicant:
18		Name. The name of the applicant, giving surname and first
19		or Christian name in full, and the middle name or the initial
20		for such middle name, if any.
21		Sex.
22		Residence. The name and number of the street, avenue or
23		other location of the dwelling, and such additional clear and
24		definite description as may be necessary to determine the exact
25		location of the dwelling of the applicant. Where the location
26		cannot be determined by street and number, then the Section,

SB3733 Engrossed - 33 - LRB096 19592 AMC 34984 b
1		congressional township and range number may be used, or such
2		other information as may be necessary, including post office
3		mailing address.
4		Term of residence in the State of Illinois and the
5		precinct.
6		Nativity. The State or country in which the applicant was
7		born.
8		Citizenship. Whether the applicant is native born or
9		naturalized. If naturalized, the court, place and date of
10		naturalization.
11		Age. Date of birth, by month, day and year.
12		Out of State address of ..........................
13		AFFIDAVIT OF REGISTRATION
14		State of ...........)
15		)ss
16		County of ..........)
17		I hereby swear (or affirm) that I am a citizen of the
18		United States; that on the day of the next election I shall
19		have resided in the State of Illinois and in the election
20		precinct 30 days; that I am fully qualified to vote, that I am
21		not registered to vote anywhere else in the United States, that
22		I intend to remain a resident of the State of Illinois and of
23		the election precinct, that I intend to return to the State of
24		Illinois, and that the above statements are true.
25		..............................
26		(His or her signature or mark)

SB3733 Engrossed - 34 - LRB096 19592 AMC 34984 b
1		Subscribed and sworn to before me, an officer qualified to
2		administer oaths, on (insert date).
3		........................................
4		Signature of officer administering oath.
5		Upon receipt of the executed duplicate affidavit of
6		Registration, the county clerk shall transfer the information
7		contained thereon to duplicate Registration Cards provided for
8		in Section 4-8 of this Article and shall attach thereto a copy
9		of each of the duplicate affidavit of registration and
10		thereafter such registration card and affidavit shall
11		constitute the registration of such person the same as if he
12		had applied for registration in person.
13		(Source: P.A. 96-317, eff. 1-1-10.)
14		(Text of Section after amendment by P.A. 96-339)
15		Sec. 4-10. Except as herein provided, no person shall be
16		registered, unless he applies in person to a registration
17		officer, answers such relevant questions as may be asked of him
18		by the registration officer, and executes the affidavit of
19		registration. The registration officer shall require the
20		applicant to furnish two forms of identification, and except in
21		the case of a homeless individual, one of which must include
22		his or her residence address. These forms of identification
23		shall include, but not be limited to, any of the following:
24		driver's license, social security card, public aid
25		identification card, utility bill, employee or student

SB3733 Engrossed - 35 - LRB096 19592 AMC 34984 b
1		identification card, lease or contract for a residence, credit
2		card, or a civic, union or professional association membership
3		card. The registration officer shall require a homeless
4		individual to furnish evidence of his or her use of the mailing
5		address stated. This use may be demonstrated by a piece of mail
6		addressed to that individual and received at that address or by
7		a statement from a person authorizing use of the mailing
8		address. The registration officer shall require each applicant
9		for registration to read or have read to him the affidavit of
10		registration before permitting him to execute the affidavit.
11		One of the registration officers or a deputy registration
12		officer, county clerk, or clerk in the office of the county
13		clerk, shall administer to all persons who shall personally
14		apply to register the following oath or affirmation:
15		"You do solemnly swear (or affirm) that you will fully and
16		truly answer all such questions as shall be put to you touching
17		your name, place of residence, place of birth, your
18		qualifications as an elector and your right as such to register
19		and vote under the laws of the State of Illinois."
20		The registration officer shall satisfy himself that each
21		applicant for registration is qualified to register before
22		registering him. If the registration officer has reason to
23		believe that the applicant is a resident of a Soldiers' and
24		Sailors' Home or any facility which is licensed or certified
25		pursuant to the Nursing Home Care Act or the MR/DD Community
26		Care Act, the following question shall be put, "When you

SB3733 Engrossed - 36 - LRB096 19592 AMC 34984 b
1		entered the home which is your present address, was it your
2		bona fide intention to become a resident thereof?" Any voter of
3		a township, city, village or incorporated town in which such
4		applicant resides, shall be permitted to be present at the
5		place of any precinct registration and shall have the right to
6		challenge any applicant who applies to be registered.
7		In case the officer is not satisfied that the applicant is
8		qualified he shall forthwith notify such applicant in writing
9		to appear before the county clerk to complete his registration.
10		Upon the card of such applicant shall be written the word
11		"incomplete" and no such applicant shall be permitted to vote
12		unless such registration is satisfactorily completed as
13		hereinafter provided. No registration shall be taken and marked
14		as incomplete if information to complete it can be furnished on
15		the date of the original application.
16		Any person claiming to be an elector in any election
17		precinct and whose registration card is marked "Incomplete" may
18		make and sign an application in writing, under oath, to the
19		county clerk in substance in the following form:
20		"I do solemnly swear that I, ...., did on (insert date)
21		make application to the board of registry of the .... precinct
22		of the township of .... (or to the county clerk of .... county)
23		and that said board or clerk refused to complete my
24		registration as a qualified voter in said precinct. That I
25		reside in said precinct, that I intend to reside in said
26		precinct, and am a duly qualified voter of said precinct and am

SB3733 Engrossed - 37 - LRB096 19592 AMC 34984 b
1		entitled to be registered to vote in said precinct at the next
2		election.
3		(Signature of applicant) ............................."
4		All such applications shall be presented to the county
5		clerk or to his duly authorized representative by the
6		applicant, in person between the hours of 9:00 a.m. and 5:00
7		p.m. on any day after the days on which the 1969 and 1970
8		precinct re-registrations are held but not on any day within 27
9		days preceding the ensuing general election and thereafter for
10		the registration provided in Section 4-7 all such applications
11		shall be presented to the county clerk or his duly authorized
12		representative by the applicant in person between the hours of
13		9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
14		the ensuing general election. Such application shall be heard
15		by the county clerk or his duly authorized representative at
16		the time the application is presented. If the applicant for
17		registration has registered with the county clerk, such
18		application may be presented to and heard by the county clerk
19		or by his duly authorized representative upon the dates
20		specified above or at any time prior thereto designated by the
21		county clerk.
22		Any otherwise qualified person who is absent from his
23		county of residence either due to business of the United States
24		or because he is temporarily outside the territorial limits of
25		the United States may become registered by mailing an

SB3733 Engrossed - 38 - LRB096 19592 AMC 34984 b
1		application to the county clerk within the periods of
2		registration provided for in this Article, or by simultaneous
3		application for absentee registration and absentee ballot as
4		provided in Article 20 of this Code.
5		Upon receipt of such application the county clerk shall
6		immediately mail an affidavit of registration in duplicate,
7		which affidavit shall contain the following and such other
8		information as the State Board of Elections may think it proper
9		to require for the identification of the applicant:
10		Name. The name of the applicant, giving surname and first
11		or Christian name in full, and the middle name or the initial
12		for such middle name, if any.
13		Sex.
14		Residence. The name and number of the street, avenue or
15		other location of the dwelling, and such additional clear and
16		definite description as may be necessary to determine the exact
17		location of the dwelling of the applicant. Where the location
18		cannot be determined by street and number, then the Section,
19		congressional township and range number may be used, or such
20		other information as may be necessary, including post office
21		mailing address.
22		Term of residence in the State of Illinois and the
23		precinct.
24		Nativity. The State or country in which the applicant was
25		born.
26		Citizenship. Whether the applicant is native born or

SB3733 Engrossed - 39 - LRB096 19592 AMC 34984 b
1		naturalized. If naturalized, the court, place and date of
2		naturalization.
3		Age. Date of birth, by month, day and year.
4		Out of State address of ..........................
5		AFFIDAVIT OF REGISTRATION
6		State of ...........)
7		)ss
8		County of ..........)
9		I hereby swear (or affirm) that I am a citizen of the
10		United States; that on the day of the next election I shall
11		have resided in the State of Illinois and in the election
12		precinct 30 days; that I am fully qualified to vote, that I am
13		not registered to vote anywhere else in the United States, that
14		I intend to remain a resident of the State of Illinois and of
15		the election precinct, that I intend to return to the State of
16		Illinois, and that the above statements are true.
17		..............................
18		(His or her signature or mark)
19		Subscribed and sworn to before me, an officer qualified to
20		administer oaths, on (insert date).
21		........................................
22		Signature of officer administering oath.
23		Upon receipt of the executed duplicate affidavit of
24		Registration, the county clerk shall transfer the information
25		contained thereon to duplicate Registration Cards provided for
26		in Section 4-8 of this Article and shall attach thereto a copy

SB3733 Engrossed - 40 - LRB096 19592 AMC 34984 b
1		of each of the duplicate affidavit of registration and
2		thereafter such registration card and affidavit shall
3		constitute the registration of such person the same as if he
4		had applied for registration in person.
5		(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; revised
6		9-25-09.)
7		(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
8		(Text of Section before amendment by P.A. 96-339)
9		Sec. 5-9. Except as herein provided, no person shall be
10		registered unless he applies in person to registration officer,
11		answers such relevant questions as may be asked of him by the
12		registration officer, and executes the affidavit of
13		registration. The registration officer shall require the
14		applicant to furnish two forms of identification, and except in
15		the case of a homeless individual, one of which must include
16		his or her residence address. These forms of identification
17		shall include, but not be limited to, any of the following:
18		driver's license, social security card, public aid
19		identification card, utility bill, employee or student
20		identification card, lease or contract for a residence, credit
21		card, or a civic, union or professional association membership
22		card. The registration officer shall require a homeless
23		individual to furnish evidence of his or her use of the mailing
24		address stated. This use may be demonstrated by a piece of mail
25		addressed to that individual and received at that address or by

SB3733 Engrossed - 41 - LRB096 19592 AMC 34984 b
1		a statement from a person authorizing use of the mailing
2		address. The registration officer shall require each applicant
3		for registration to read or have read to him the affidavit of
4		registration before permitting him to execute the affidavit.
5		One of the Deputy Registrars, the Judge of Registration, or
6		an Officer of Registration, County Clerk, or clerk in the
7		office of the County Clerk, shall administer to all persons who
8		shall personally apply to register the following oath or
9		affirmation:
10		"You do solemnly swear (or affirm) that you will fully and
11		truly answer all such questions as shall be put to you touching
12		your place of residence, name, place of birth, your
13		qualifications as an elector and your right as such to register
14		and vote under the laws of the State of Illinois."
15		The Registration Officer shall satisfy himself that each
16		applicant for registration is qualified to register before
17		registering him. If the registration officer has reason to
18		believe that the applicant is a resident of a Soldiers' and
19		Sailors' Home or any facility which is licensed or certified
20		pursuant to the Nursing Home Care Act, the following question
21		shall be put, "When you entered the home which is your present
22		address, was it your bona fide intention to become a resident
23		thereof?" Any voter of a township, city, village or
24		incorporated town in which such applicant resides, shall be
25		permitted to be present at the place of precinct registration,
26		and shall have the right to challenge any applicant who applies

SB3733 Engrossed - 42 - LRB096 19592 AMC 34984 b
1		to be registered.
2		In case the officer is not satisfied that the applicant is
3		qualified, he shall forthwith in writing notify such applicant
4		to appear before the County Clerk to furnish further proof of
5		his qualifications. Upon the card of such applicant shall be
6		written the word "Incomplete" and no such applicant shall be
7		permitted to vote unless such registration is satisfactorily
8		completed as hereinafter provided. No registration shall be
9		taken and marked as "incomplete" if information to complete it
10		can be furnished on the date of the original application.
11		Any person claiming to be an elector in any election
12		precinct in such township, city, village or incorporated town
13		and whose registration is marked "Incomplete" may make and sign
14		an application in writing, under oath, to the County Clerk in
15		substance in the following form:
16		"I do solemnly swear that I, .........., did on (insert
17		date) make application to the Board of Registry of the ........
18		precinct of ........ ward of the City of .... or of the
19		......... District ......... Town of .......... (or to the
20		County Clerk of .............) and ............ County; that
21		said Board or Clerk refused to complete my registration as a
22		qualified voter in said precinct, that I reside in said
23		precinct (or that I intend to reside in said precinct), am a
24		duly qualified voter and entitled to vote in said precinct at
25		the next election.
26		...........................

SB3733 Engrossed - 43 - LRB096 19592 AMC 34984 b
1		(Signature of Applicant)"
2		All such applications shall be presented to the County
3		Clerk by the applicant, in person between the hours of nine
4		o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
5		the third week subsequent to the weeks in which the 1961 and
6		1962 precinct re-registrations are to be held, and thereafter
7		for the registration provided in Section 5-17 of this Article,
8		all such applications shall be presented to the County Clerk by
9		the applicant in person between the hours of nine o'clock a.m.
10		and nine o'clock p.m. on Monday and Tuesday of the third week
11		prior to the date on which such election is to be held.
12		Any otherwise qualified person who is absent from his
13		county of residence either due to business of the United States
14		or because he is temporarily outside the territorial limits of
15		the United States may become registered by mailing an
16		application to the county clerk within the periods of
17		registration provided for in this Article or by simultaneous
18		application for absentee registration and absentee ballot as
19		provided in Article 20 of this Code.
20		Upon receipt of such application the county clerk shall
21		immediately mail an affidavit of registration in duplicate,
22		which affidavit shall contain the following and such other
23		information as the State Board of Elections may think it proper
24		to require for the identification of the applicant:
25		Name. The name of the applicant, giving surname and first
26		or Christian name in full, and the middle name or the initial

SB3733 Engrossed - 44 - LRB096 19592 AMC 34984 b
1		for such middle name, if any.
2		Sex.
3		Residence. The name and number of the street, avenue or
4		other location of the dwelling, and such additional clear and
5		definite description as may be necessary to determine the exact
6		location of the dwelling of the applicant. Where the location
7		cannot be determined by street and number, then the Section,
8		congressional township and range number may be used, or such
9		other information as may be necessary, including post office
10		mailing address.
11		Term of residence in the State of Illinois and the
12		precinct.
13		Nativity. The State or country in which the applicant was
14		born.
15		Citizenship. Whether the applicant is native born or
16		naturalized. If naturalized, the court, place and date of
17		naturalization.
18		Age. Date of birth, by month, day and year.
19		Out of State address of ..........................
20		AFFIDAVIT OF REGISTRATION
21		State of .........)
22		)ss
23		County of ........)
24		I hereby swear (or affirm) that I am a citizen of the
25		United States; that on the day of the next election I shall
26		have resided in the State of Illinois for 6 months and in the

SB3733 Engrossed - 45 - LRB096 19592 AMC 34984 b
1		election precinct 30 days; that I am fully qualified to vote,
2		that I am not registered to vote anywhere else in the United
3		States, that I intend to remain a resident of the State of
4		Illinois and of the election precinct, that I intend to return
5		to the State of Illinois, and that the above statements are
6		true.
7		..............................
8		(His or her signature or mark)
9		Subscribed and sworn to before me, an officer qualified to
10		administer oaths, on (insert date).
11		........................................
12		Signature of officer administering oath.
13
14		Upon receipt of the executed duplicate affidavit of
15		Registration, the county clerk shall transfer the information
16		contained thereon to duplicate Registration Cards provided for
17		in Section 5-7 of this Article and shall attach thereto a copy
18		of each of the duplicate affidavit of registration and
19		thereafter such registration card and affidavit shall
20		constitute the registration of such person the same as if he
21		had applied for registration in person.
22		(Source: P.A. 96-317, eff. 1-1-10.)
23		(Text of Section after amendment by P.A. 96-339)
24		Sec. 5-9. Except as herein provided, no person shall be

SB3733 Engrossed - 46 - LRB096 19592 AMC 34984 b
1		registered unless he applies in person to registration officer,
2		answers such relevant questions as may be asked of him by the
3		registration officer, and executes the affidavit of
4		registration. The registration officer shall require the
5		applicant to furnish two forms of identification, and except in
6		the case of a homeless individual, one of which must include
7		his or her residence address. These forms of identification
8		shall include, but not be limited to, any of the following:
9		driver's license, social security card, public aid
10		identification card, utility bill, employee or student
11		identification card, lease or contract for a residence, credit
12		card, or a civic, union or professional association membership
13		card. The registration officer shall require a homeless
14		individual to furnish evidence of his or her use of the mailing
15		address stated. This use may be demonstrated by a piece of mail
16		addressed to that individual and received at that address or by
17		a statement from a person authorizing use of the mailing
18		address. The registration officer shall require each applicant
19		for registration to read or have read to him the affidavit of
20		registration before permitting him to execute the affidavit.
21		One of the Deputy Registrars, the Judge of Registration, or
22		an Officer of Registration, County Clerk, or clerk in the
23		office of the County Clerk, shall administer to all persons who
24		shall personally apply to register the following oath or
25		affirmation:
26		"You do solemnly swear (or affirm) that you will fully and

SB3733 Engrossed - 47 - LRB096 19592 AMC 34984 b
1		truly answer all such questions as shall be put to you touching
2		your place of residence, name, place of birth, your
3		qualifications as an elector and your right as such to register
4		and vote under the laws of the State of Illinois."
5		The Registration Officer shall satisfy himself that each
6		applicant for registration is qualified to register before
7		registering him. If the registration officer has reason to
8		believe that the applicant is a resident of a Soldiers' and
9		Sailors' Home or any facility which is licensed or certified
10		pursuant to the Nursing Home Care Act or the MR/DD Community
11		Care Act, the following question shall be put, "When you
12		entered the home which is your present address, was it your
13		bona fide intention to become a resident thereof?" Any voter of
14		a township, city, village or incorporated town in which such
15		applicant resides, shall be permitted to be present at the
16		place of precinct registration, and shall have the right to
17		challenge any applicant who applies to be registered.
18		In case the officer is not satisfied that the applicant is
19		qualified, he shall forthwith in writing notify such applicant
20		to appear before the County Clerk to furnish further proof of
21		his qualifications. Upon the card of such applicant shall be
22		written the word "Incomplete" and no such applicant shall be
23		permitted to vote unless such registration is satisfactorily
24		completed as hereinafter provided. No registration shall be
25		taken and marked as "incomplete" if information to complete it
26		can be furnished on the date of the original application.

SB3733 Engrossed - 48 - LRB096 19592 AMC 34984 b
1		Any person claiming to be an elector in any election
2		precinct in such township, city, village or incorporated town
3		and whose registration is marked "Incomplete" may make and sign
4		an application in writing, under oath, to the County Clerk in
5		substance in the following form:
6		"I do solemnly swear that I, .........., did on (insert
7		date) make application to the Board of Registry of the ........
8		precinct of ........ ward of the City of .... or of the
9		......... District ......... Town of .......... (or to the
10		County Clerk of .............) and ............ County; that
11		said Board or Clerk refused to complete my registration as a
12		qualified voter in said precinct, that I reside in said
13		precinct (or that I intend to reside in said precinct), am a
14		duly qualified voter and entitled to vote in said precinct at
15		the next election.
16		...........................
17		(Signature of Applicant)"
18		All such applications shall be presented to the County
19		Clerk by the applicant, in person between the hours of nine
20		o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
21		the third week subsequent to the weeks in which the 1961 and
22		1962 precinct re-registrations are to be held, and thereafter
23		for the registration provided in Section 5-17 of this Article,
24		all such applications shall be presented to the County Clerk by
25		the applicant in person between the hours of nine o'clock a.m.
26		and nine o'clock p.m. on Monday and Tuesday of the third week

SB3733 Engrossed - 49 - LRB096 19592 AMC 34984 b
1		prior to the date on which such election is to be held.
2		Any otherwise qualified person who is absent from his
3		county of residence either due to business of the United States
4		or because he is temporarily outside the territorial limits of
5		the United States may become registered by mailing an
6		application to the county clerk within the periods of
7		registration provided for in this Article or by simultaneous
8		application for absentee registration and absentee ballot as
9		provided in Article 20 of this Code.
10		Upon receipt of such application the county clerk shall
11		immediately mail an affidavit of registration in duplicate,
12		which affidavit shall contain the following and such other
13		information as the State Board of Elections may think it proper
14		to require for the identification of the applicant:
15		Name. The name of the applicant, giving surname and first
16		or Christian name in full, and the middle name or the initial
17		for such middle name, if any.
18		Sex.
19		Residence. The name and number of the street, avenue or
20		other location of the dwelling, and such additional clear and
21		definite description as may be necessary to determine the exact
22		location of the dwelling of the applicant. Where the location
23		cannot be determined by street and number, then the Section,
24		congressional township and range number may be used, or such
25		other information as may be necessary, including post office
26		mailing address.

SB3733 Engrossed - 50 - LRB096 19592 AMC 34984 b
1		Term of residence in the State of Illinois and the
2		precinct.
3		Nativity. The State or country in which the applicant was
4		born.
5		Citizenship. Whether the applicant is native born or
6		naturalized. If naturalized, the court, place and date of
7		naturalization.
8		Age. Date of birth, by month, day and year.
9		Out of State address of ..........................
10		AFFIDAVIT OF REGISTRATION
11		State of .........)
12		)ss
13		County of ........)
14		I hereby swear (or affirm) that I am a citizen of the
15		United States; that on the day of the next election I shall
16		have resided in the State of Illinois for 6 months and in the
17		election precinct 30 days; that I am fully qualified to vote,
18		that I am not registered to vote anywhere else in the United
19		States, that I intend to remain a resident of the State of
20		Illinois and of the election precinct, that I intend to return
21		to the State of Illinois, and that the above statements are
22		true.
23		..............................
24		(His or her signature or mark)
25		Subscribed and sworn to before me, an officer qualified to
26		administer oaths, on (insert date).

SB3733 Engrossed - 51 - LRB096 19592 AMC 34984 b
1		........................................
2		Signature of officer administering oath.
3
4		Upon receipt of the executed duplicate affidavit of
5		Registration, the county clerk shall transfer the information
6		contained thereon to duplicate Registration Cards provided for
7		in Section 5-7 of this Article and shall attach thereto a copy
8		of each of the duplicate affidavit of registration and
9		thereafter such registration card and affidavit shall
10		constitute the registration of such person the same as if he
11		had applied for registration in person.
12		(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; revised
13		9-25-09.)
14		(10 ILCS 5/7-14.1) (from Ch. 46, par. 7-14.1)
15		Sec. 7-14.1. Delegates and alternate delegates to national
16		nominating conventions shall be chosen according to one of the
17		following alternative methods of allocating delegates for
18		election. The State central committee of each political party
19		established pursuant to this Article 7 shall certify to the
20		State Board of Elections, not less than 30 days prior to the
21		first date for filing of petitions for election as delegate or
22		alternate delegate to a national nominating convention, which
23		of the following alternatives it wishes to be utilized in
24		allocating the delegates and alternate delegates to which

SB3733 Engrossed - 52 - LRB096 19592 AMC 34984 b
1		Illinois will be entitled at its national nominating
2		convention. The State Board of Elections shall meet promptly
3		and, not less than 20 days prior to the first date for filing
4		of such petitions, shall publish and certify to the county
5		clerk in each county the number of delegates or alternate
6		delegates to be elected from each congressional district or
7		from the State at large or State convention of a political
8		party, as the case may be, according to the method chosen by
9		each State central committee. If a State central committee
10		fails to certify to the State Board of Elections its choice of
11		one of the following methods prior to the aforementioned
12		meeting of the State Board of Elections, the State Board of
13		Elections shall certify delegates for that political party
14		pursuant to whichever of the alternatives below was used by
15		that political party pursuant to whichever of the alternatives
16		below was used by that political party in the most recent year
17		in which delegates were selected, subject to any subsequent
18		amendments.
19		Prior to the aforementioned meeting of the State Board of
20		Elections at which the Board shall publish and certify to the
21		county clerk the number of delegates or alternate delegates to
22		be elected from each congressional district or the State at
23		large or State convention, the Secretary of State shall
24		ascertain from the call of the national convention of each
25		political party the number of delegates and alternate delegates
26		to which Illinois will be entitled at the respective national

SB3733 Engrossed - 53 - LRB096 19592 AMC 34984 b
1		nominating conventions. The Secretary of State shall report the
2		number of delegates and alternate delegates to which Illinois
3		will be entitled at the respective national nominating
4		conventions to the State Board of Elections convened as
5		aforesaid to be utilized by the State Board of Elections in
6		calculating the number of delegates and alternates to be
7		elected from each congressional district in the State at large
8		or State convention, as the case may be.
9		Alternative A: The State Board of Elections shall allocate
10		the number of delegates and alternate delegates to which the
11		State is entitled among the congressional districts in the
12		State.
13		1. Of the number of delegates to which the State is
14		entitled, 10, plus those remaining unallocated under paragraph
15		2, shall be delegates at large. The State central committee of
16		the appropriate political party shall determine whether the
17		delegates at large shall be (a) elected in the primary from the
18		State at large, (b) selected by the State convention, or (c)
19		chosen by a combination of these 2 methods. If the State
20		central committee determines that all or a specified number of
21		the delegates at large shall be elected in the primary, the
22		committee shall file with the Board a report of such
23		determination at the same time it certifies the alternative it
24		wishes to use in allocating its delegates.
25		2. All delegates other than the delegates at large shall be
26		elected from the congressional districts. Two delegates shall

SB3733 Engrossed - 54 - LRB096 19592 AMC 34984 b
1		be allocated from this number to each district. After reserving
2		10 delegates to be delegates at large and allocating 2
3		delegates to each district, the Board shall allocate the
4		remaining delegates to the congressional districts pursuant to
5		the following formula:
6		(a) For each district, the number of remaining
7		delegates shall be multiplied by a fraction, the numerator
8		of which is the vote cast in the congressional district for
9		the party's nominee in the last Presidential election, and
10		the denominator of which is the vote cast in the State for
11		the party's nominee in the last Presidential election.
12		(b) The Board shall first allocate to each district a
13		number of delegates equal to the whole number in the
14		product resulting from the multiplication procedure in
15		subparagraph (a).
16		(c) The Board shall then allocate any remaining
17		delegates, one to each district, in the order of the
18		largest fractional remainder in the product resulting from
19		the multiplication procedure in subparagraph (a), omitting
20		those districts for which that product is less than 1.875.
21		(d) The Board shall then allocate any remaining
22		delegates, one to each district, in the order of the
23		largest fractional remainder in the product resulting from
24		the multiplication procedure in subparagraph (a), among
25		those districts for which that product is at least one but
26		less than 1.875.

SB3733 Engrossed - 55 - LRB096 19592 AMC 34984 b
1		(e) Any delegates remaining unallocated shall be
2		delegates at large and shall be selected as determined by
3		the State central committee under paragraph 1 of this
4		Alternative A.
5		3. The alternate delegates at large shall be allocated in
6		the same manner as the delegates at large. The alternate
7		delegates other than the alternate delegates at large shall be
8		allocated in the same manner as the delegates other than the
9		delegates at large.
10		Alternative B: the chairman of the State central committee
11		shall file with the State Board of Elections a statement of the
12		number of delegates and alternate delegates to which the State
13		is entitled and the number of such delegates and alternate
14		delegates to be elected from congressional districts. The State
15		Board of Elections shall allocate such number of delegates and
16		alternate delegates, as the case may be, among the
17		congressional districts in the State for election from the
18		congressional districts.
19		The Board shall utilize the sum of 1/3 of each of the
20		following formulae to determine the number of delegates and
21		alternate delegates, as the case may be, to be elected from
22		each congressional district:
23		(1) Formula 1 shall be determined by multiplying paragraphs
24		(a) a, (b), b and (c) c together as follows:
25		(a) The fraction derived by dividing the population of
26		the district by the population of the State and adding to

SB3733 Engrossed - 56 - LRB096 19592 AMC 34984 b
1		that fraction the following: 1/2 of the fraction calculated
2		by dividing the total district vote for the party's
3		candidate in the most recent presidential election by the
4		total statewide vote for that candidate in that election,
5		plus 1/2 of the fraction calculated by dividing the total
6		district vote for the party's candidate in the second most
7		recent Presidential election by the total statewide vote
8		for that candidate in that election;
9		(b) 1/2;
10		(c) The number of delegates or alternate delegates, as
11		the case may be, to which the State is entitled at the
12		party's national nominating convention.
13		(2) Formula 2 shall be determined by multiplying paragraphs
14		(a) a, (b), b and (c) c together as follows:
15		(a) The fraction calculated by dividing the total
16		numbers of votes in the district for the party's candidate
17		in the most recent Gubernatorial election by the total
18		statewide vote for that candidate in that election, plus,
19		the fraction calculated by dividing the total district vote
20		for the party's candidate in the most recent presidential
21		election by the total statewide vote for that candidate in
22		that election; .
23		(b) 1/2;
24		(c) The number of delegates or alternate delegates, as
25		the case may be, to which the State is entitled at the
26		party's national nominating convention.

SB3733 Engrossed - 57 - LRB096 19592 AMC 34984 b
1		(3) Formula 3 shall be determined by multiplying paragraphs
2		(a) a, (b), b and (c) c together as follows:
3		(a) 1/2 of the fraction calculated by dividing the
4		total district vote for the party's candidate in the most
5		recent presidential election by the total statewide vote
6		for that candidate in that election, plus 1/2 of the
7		fraction calculated by dividing the total district vote for
8		the party's candidate in the second most recent
9		presidential election by the total statewide vote for that
10		candidate in that election. This sum shall be added to the
11		fraction calculated by dividing the total voter
12		registration of the party in the district by the total
13		voter registration of the party in the State as of January
14		1 of the year prior to the year in which the national
15		nominating convention is held;
16		(b) 1/2;
17		(c) The number of delegates or alternate delegates, as
18		the case may be, to which the State is entitled at the
19		party's national nominating convention.
20		Fractional numbers of delegates and alternate delegates
21		shall be rounded upward in rank order to the next whole number,
22		largest fraction first, until the total number of delegates and
23		alternate delegates, respectively, to be so chosen have been
24		allocated.
25		The remainder of the delegates and alternate delegates
26		shall be selected as determined by the State central committee

SB3733 Engrossed - 58 - LRB096 19592 AMC 34984 b
1		of the party and shall be certified to the State Board of
2		Elections by the chairman of the State central committee.
3		Notwithstanding anything to the contrary contained herein,
4		with respect to all aspects of the selection of delegates and
5		alternate delegates to a national nominating convention under
6		Alternative B, this Code shall be superseded superceded by the
7		delegate selection rules and policies of the national political
8		party including, but not limited to, the development of an
9		affirmative action plan.
10		(Source: P.A. 85-903; 85-958; 86-1089; revised 10-30-09.)
11		(10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
12		Sec. 19-3. Application for such ballot shall be made on
13		blanks to be furnished by the election authority and
14		duplication of such application for ballot is prohibited,
15		except by the election authority. The application for ballot
16		shall be substantially in the following form:
17		APPLICATION FOR ABSENTEE BALLOT
18		To be voted at the .... election in the County of .... and
19		State of Illinois, in the .... precinct of the (1) *township of
20		.... (2) *City of .... or (3) *.... ward in the City of ....
21		I state that I am a resident of the .... precinct of the
22		(1) *township of .... (2) *City of .... or (3) *.... ward in
23		the city of .... residing at .... in such city or town in the
24		county of .... and State of Illinois; that I have lived at such
25		address for .... month(s) last past; that I am lawfully

SB3733 Engrossed - 59 - LRB096 19592 AMC 34984 b
1		entitled to vote in such precinct at the .... election to be
2		held therein on ....; and that I wish to vote by absentee
3		ballot.
4		I hereby make application for an official ballot or ballots
5		to be voted by me at such election, and I agree that I shall
6		return such ballot or ballots to the official issuing the same
7		prior to the closing of the polls on the date of the election
8		or, if returned by mail, postmarked no later than midnight
9		preceding election day, for counting no later than during the
10		period for counting provisional ballots, the last day of which
11		is the 14th day following election day.
12		Under penalties as provided by law pursuant to Section
13		29-10 of The Election Code, the undersigned certifies that the
14		statements set forth in this application are true and correct.
15		....
16		*fill in either (1), (2) or (3).
17		Post office address to which ballot is mailed:
18		.............................................................
19		However, if application is made for a primary election
20		ballot, such application shall designate the name of the
21		political party with which the applicant is affiliated.
22		or, if returned by mail, postmarked no later than midnight
23		preceding election day, for counting no later than during the
24		period for counting provisional ballots, the last day of which
25		is the 14th day following election day
26		or, if returned by mail, postmarked no later than midnight

SB3733 Engrossed - 60 - LRB096 19592 AMC 34984 b
1		preceding election day, for counting no later than during the
2		period for counting provisional ballots, the last day of which
3		is the 14th day following election day
4		or, if returned by mail, postmarked no later than midnight
5		preceding election day, for counting no later than during the
6		period for counting provisional ballots, the last day of which
7		is the 14th day following election day
8		or, if returned by mail, postmarked no later than midnight
9		preceding election day, for counting no later than during the
10		period for counting provisional ballots, the last day of which
11		is the 14th day following election day
12		or, if returned by mail, postmarked no later than midnight
13		preceding election day, for counting no later than during the
14		period for counting provisional ballots, the last day of which
15		is the 14th day following election day
16		or, if returned by mail, postmarked no later than midnight
17		preceding election day, for counting no later than during the
18		period for counting provisional ballots, the last day of which
19		is the 14th day following election day
20		or, if returned by mail, postmarked no later than midnight
21		preceding election day, for counting no later than during the
22		period for counting provisional ballots, the last day of which
23		is the 14th day following election day
24		(Source: P.A. 95-440, eff. 8-27-07; 96-312, eff. 1-1-10;
25		96-553, eff. 8-17-09; revised 9-15-09.)

SB3733 Engrossed - 61 - LRB096 19592 AMC 34984 b
1		(10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
2		Sec. 20-2.3. Members of the Armed Forces and their spouses
3		and dependents. Any member of the United States Armed Forces
4		while on active duty, and his or her spouse and dependents,
5		otherwise qualified to vote, who expects in the course of his
6		or her duties to be absent from the county in which he or she
7		resides on the day of holding any election, in addition to any
8		other method of making application for an absentee ballot under
9		this Article, may make application for an absentee ballot to
10		the election authority having jurisdiction over his or her
11		precinct of residence by a facsimile machine or electronic
12		transmission not less than 10 days before the election.
13		Ballots under this Section shall be mailed by the election
14		authority in the manner prescribed by Section 20-5 of this
15		Article and not otherwise. Ballots voted under this Section
16		must be returned postmarked no later than midnight preceding
17		election day and received for counting at the central ballot
18		counting location of the election authority during the period
19		for counting provisional ballots, the last day of which is the
20		14th day following election day.
21		(Source: P.A. 96-312, eff. 1-1-10; 96-512, eff. 1-1-10; revised
22		10-6-09.)
23		Section 40. The State Budget Law of the Civil
24		Administrative Code of Illinois is amended by changing Section
25		50-5 as follows:

SB3733 Engrossed - 62 - LRB096 19592 AMC 34984 b
1		(15 ILCS 20/50-5)
2		Sec. 50-5. Governor to submit State budget. The Governor
3		shall, as soon as possible and not later than the third
4		Wednesday in March in 2009 (March 18, 2009) and the third
5		Wednesday in February of each year beginning in 2010, except as
6		otherwise provided in this Section, submit a State budget,
7		embracing therein the amounts recommended by the Governor to be
8		appropriated to the respective departments, offices, and
9		institutions, and for all other public purposes, the estimated
10		revenues from taxation, the estimated revenues from sources
11		other than taxation, and an estimate of the amount required to
12		be raised by taxation. The amounts recommended by the Governor
13		for appropriation to the respective departments, offices and
14		institutions shall be formulated according to the various
15		functions and activities for which the respective department,
16		office or institution of the State government (including the
17		elective officers in the executive department and including the
18		University of Illinois and the judicial department) is
19		responsible. The amounts relating to particular functions and
20		activities shall be further formulated in accordance with the
21		object classification specified in Section 13 of the State
22		Finance Act.
23		The Governor shall not propose expenditures and the General
24		Assembly shall not enact appropriations that exceed the
25		resources estimated to be available, as provided in this

SB3733 Engrossed - 63 - LRB096 19592 AMC 34984 b
1		Section.
2		For the purposes of Article VIII, Section 2 of the 1970
3		Illinois Constitution, the State budget for the following funds
4		shall be prepared on the basis of revenue and expenditure
5		measurement concepts that are in concert with generally
6		accepted accounting principles for governments:
7		(1) General Revenue Fund.
8		(2) Common School Fund.
9		(3) Educational Assistance Fund.
10		(4) Road Fund.
11		(5) Motor Fuel Tax Fund.
12		(6) Agricultural Premium Fund.
13		These funds shall be known as the "budgeted funds". The
14		revenue estimates used in the State budget for the budgeted
15		funds shall include the estimated beginning fund balance, plus
16		revenues estimated to be received during the budgeted year,
17		plus the estimated receipts due the State as of June 30 of the
18		budgeted year that are expected to be collected during the
19		lapse period following the budgeted year, minus the receipts
20		collected during the first 2 months of the budgeted year that
21		became due to the State in the year before the budgeted year.
22		Revenues shall also include estimated federal reimbursements
23		associated with the recognition of Section 25 of the State
24		Finance Act liabilities. For any budgeted fund for which
25		current year revenues are anticipated to exceed expenditures,
26		the surplus shall be considered to be a resource available for

SB3733 Engrossed - 64 - LRB096 19592 AMC 34984 b
1		expenditure in the budgeted fiscal year.
2		Expenditure estimates for the budgeted funds included in
3		the State budget shall include the costs to be incurred by the
4		State for the budgeted year, to be paid in the next fiscal
5		year, excluding costs paid in the budgeted year which were
6		carried over from the prior year, where the payment is
7		authorized by Section 25 of the State Finance Act. For any
8		budgeted fund for which expenditures are expected to exceed
9		revenues in the current fiscal year, the deficit shall be
10		considered as a use of funds in the budgeted fiscal year.
11		Revenues and expenditures shall also include transfers
12		between funds that are based on revenues received or costs
13		incurred during the budget year.
14		Appropriations for expenditures shall also include all
15		anticipated statutory continuing appropriation obligations
16		that are expected to be incurred during the budgeted fiscal
17		year.
18		By March 15 of each year, the Commission on Government
19		Forecasting and Accountability shall prepare revenue and fund
20		transfer estimates in accordance with the requirements of this
21		Section and report those estimates to the General Assembly and
22		the Governor.
23		For all funds other than the budgeted funds, the proposed
24		expenditures shall not exceed funds estimated to be available
25		for the fiscal year as shown in the budget. Appropriation for a
26		fiscal year shall not exceed funds estimated by the General

SB3733 Engrossed - 65 - LRB096 19592 AMC 34984 b
1		Assembly to be available during that year.
2		(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; revised
3		9-4-09.)
4		Section 45. The Attorney General Act is amended by changing
5		Section 7 as follows:
6		(15 ILCS 205/7)
7		Sec. 7. Public Access Counselor.
8		(a) The General Assembly finds that members of the public
9		have encountered obstacles in obtaining copies of public
10		records from units of government, and that many of those
11		obstacles result from difficulties that both members of the
12		public and public bodies have had in interpreting and applying
13		the Freedom of Information Act. The General Assembly further
14		finds that members of the public have encountered difficulties
15		in resolving alleged violations of the Open Meetings Act. The
16		public's significant interest in access to public records and
17		in open meetings would be better served if there were a central
18		office available to provide advice and education with respect
19		to the interpretation and implementation of the Freedom of
20		Information Act and the Open Meetings Act.
21		(b) Therefore, there is created in the Office of the
22		Attorney General the Office of Public Access Counselor. The
23		Attorney General shall appoint a Public Access Counselor, who
24		shall be an attorney licensed to practice in Illinois. The

SB3733 Engrossed - 66 - LRB096 19592 AMC 34984 b
1		Public Access Counselor's Office shall be comprised of the
2		Public Access Counselor and such assistant attorneys general
3		and other staff as are deemed necessary by the Attorney
4		General.
5		(c) Through the Public Access Counselor, the Attorney
6		General shall have the power:
7		(1) to establish and administer a program to provide
8		free training for public officials and to educate the
9		public on the rights of the public and the responsibilities
10		of public bodies under the Freedom of Information Act and
11		the Open Meetings Act;
12		(2) to prepare and distribute interpretive or
13		educational materials and programs;
14		(3) to resolve disputes involving a potential
15		violation of the Open Meetings Act or the Freedom of
16		Information Act in response to a request for review
17		initiated by an aggrieved party, as provided in those Acts,
18		by mediating or otherwise informally resolving the dispute
19		or by issuing a binding opinion; except that the Attorney
20		General may not issue an opinion concerning a specific
21		matter with respect to which a lawsuit has been filed under
22		Section 3 of the Open Meetings Act or Section 11 of the
23		Freedom of Information Act;
24		(4) to issue advisory opinions with respect to the Open
25		Meetings Act and the Freedom of Information Act either in
26		response to a request for review or otherwise;

SB3733 Engrossed - 67 - LRB096 19592 AMC 34984 b
1		(5) to respond to informal inquiries made by the public
2		and public bodies;
3		(6) to conduct research on compliance issues;
4		(7) to make recommendations to the General Assembly
5		concerning ways to improve access to public records and
6		public access to the processes of government;
7		(8) to develop and make available on the Attorney
8		General's website or by other means an electronic training
9		curriculum for Freedom of Information officers;
10		(9) to develop and make available on the Attorney
11		General's website or by other means an electronic Open
12		Meetings Act training curriculum for employees, officers,
13		and members designated by public bodies;
14		(10) to prepare and distribute to public bodies model
15		policies for compliance with the Freedom of Information
16		Act; and
17		(11) to promulgate rules to implement these powers.
18		(d) To accomplish the objectives and to carry out the
19		duties prescribed by this Section, the Public Access Counselor,
20		in addition to other powers conferred upon him or her by this
21		Section, may request that subpoenas be issued by the Attorney
22		General in accordance with the provisions of Section 9.5 of the
23		Freedom of Information Act and Section 3.5 of the Open Meetings
24		Act. Service by the Attorney General of any subpoena upon any
25		person shall be made:
26		(1) (i) personally by delivery of a duly executed copy

SB3733 Engrossed - 68 - LRB096 19592 AMC 34984 b
1		thereof to the person to be served, or in the case of a
2		public body, in the manner provided in Section 2-211 of the
3		Code of Civil Procedure Civil Practice Law; or
4		(2) (ii) by mailing by certified mail a duly executed
5		copy thereof to the person to be served at his or her last
6		known abode or, in the case of a public body, to its
7		principal place of business.
8		(e) If any person or public body fails or refuses to obey
9		any subpoena issued pursuant to this Section, the Attorney
10		General may file a complaint in the circuit court to:
11		(1) (i) obtain compliance with the subpoena;
12		(2) (ii) obtain injunctive relief to prevent a
13		violation of the Open Meetings Act or Freedom of
14		Information Act; and
15		(3) (iii) obtain such other relief as may be required.
16		(f) The Attorney General has the authority to file an
17		action in the circuit court of Cook or Sangamon County for
18		injunctive or other relief to compel compliance with a binding
19		opinion issued pursuant to Section 3.5 of the Open Meetings Act
20		or Section 9.5 of the Freedom of Information Act, to prevent a
21		violation of the Open Meetings Act or the Freedom of
22		Information Act, and for such other relief as may be required.
23		(g) The Attorney General shall post his or her binding
24		opinions issued pursuant to Section 3.5 of the Open Meetings
25		Act or Section 9.5 of the Freedom of Information Act and any
26		rules on the official website of the Office of the Attorney

SB3733 Engrossed - 69 - LRB096 19592 AMC 34984 b
1		General, with links to those opinions from the official home
2		page, and shall make them available for immediate inspection in
3		his or her office.
4		(Source: P.A. 96-542, eff. 1-1-10; revised 10-30-09.)
5		Section 50. The Illinois Identification Card Act is amended
6		by setting forth and renumbering multiple versions of Section
7		4C as follows:
8		(15 ILCS 335/4C)
9		(This Section may contain text from a Public Act with a
10		delayed effective date)
11		Sec. 4C. Homeless person status. For the purposes of this
12		Act, an individual's status as a "homeless person" may be
13		verified by a human services, legal services, or other worker
14		that has knowledge of the individual's housing status,
15		including, but not limited to:
16		(1) a homeless service agency receiving federal,
17		State, county, or municipal funding to provide those
18		services or otherwise sanctioned by local continuum of
19		care;
20		(2) an attorney licensed to practice in the State of
21		Illinois;
22		(3) a public school homeless liaison or school social
23		worker; or
24		(4) a human services provider funded by the State of

SB3733 Engrossed - 70 - LRB096 19592 AMC 34984 b
1		Illinois to serve homeless or runaway youth, individuals
2		with mental illness, or individuals with addictions.
3		Individuals who are homeless must not be charged for this
4		verification. The Secretary of State by rule shall establish
5		standards and procedures consistent with this Section for
6		waiver of the Illinois Identification Care fee based on
7		homelessness, which shall include the name and address of the
8		individual and the agency providing verification of
9		homelessness. Any falsification of this official record is
10		subject to penalty.
11		(Source: P.A. 96-183, eff. 7-1-10.)
12		(15 ILCS 335/4D)
13		Sec. 4D 4C. Issuance of confidential identification cards.
14		(a) Requirements for use of confidential identification
15		cards. Confidential identification cards may be issued to
16		local, state, and federal government agencies for bona fide law
17		enforcement purposes. The identification cards may be issued in
18		fictitious names and addresses, and may be used only in
19		confidential, investigative, or undercover law enforcement
20		operations.
21		(b) Application procedures for confidential identification
22		cards:
23		(1) Applications by local, state, and federal
24		government agencies for confidential identification cards
25		must be made to the Secretary of State Police Department on

SB3733 Engrossed - 71 - LRB096 19592 AMC 34984 b
1		a form and in a manner prescribed by the Secretary of State
2		Police Department.
3		(2) The application form must include information, as
4		specific as possible without compromising investigations
5		or techniques, setting forth the need for the
6		identification cards and the uses to which the
7		identification cards will be limited.
8		(3) The application form must be signed and verified by
9		the local, state, or federal government agency head or
10		designee.
11		(4) Information maintained by the Secretary of State
12		Police Department for confidential identification cards
13		must show the fictitious names and addresses on all records
14		subject to public disclosure. All other information
15		concerning these confidential identification cards are
16		exempt from disclosure unless the disclosure is ordered by
17		a court of competent jurisdiction.
18		(c) Cancellation procedures for confidential
19		identification cards:
20		(1) The Secretary of State Police Department may cancel
21		or refuse to renew confidential identification cards when
22		they have reasonable cause to believe the cards are being
23		used for purposes other than those set forth in the
24		application form or authorized by this Section.
25		(2) A government agency must request cancellation of
26		confidential identification cards that are no longer

SB3733 Engrossed - 72 - LRB096 19592 AMC 34984 b
1		required for the purposes for which they were issued.
2		(3) Upon the request of the Secretary of State Police
3		Department, all cancelled confidential identification
4		cards must be promptly returned to the Secretary of State
5		Police Department by the government agency to which they
6		were issued.
7		(Source: P.A. 96-549, eff. 8-17-09; revised 9-15-09.)
8		Section 55. The Civil Administrative Code of Illinois is
9		amended by changing Section 5-565 as follows:
10		(20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
11		Sec. 5-565. In the Department of Public Health.
12		(a) The General Assembly declares it to be the public
13		policy of this State that all citizens of Illinois are entitled
14		to lead healthy lives. Governmental public health has a
15		specific responsibility to ensure that a system is in place to
16		allow the public health mission to be achieved. To develop a
17		system requires certain core functions to be performed by
18		government. The State Board of Health is to assume the
19		leadership role in advising the Director in meeting the
20		following functions:
21		(1) Needs assessment.
22		(2) Statewide health objectives.
23		(3) Policy development.
24		(4) Assurance of access to necessary services.

SB3733 Engrossed - 73 - LRB096 19592 AMC 34984 b
1		There shall be a State Board of Health composed of 19
2		persons, all of whom shall be appointed by the Governor, with
3		the advice and consent of the Senate for those appointed by the
4		Governor on and after June 30, 1998, and one of whom shall be a
5		senior citizen age 60 or over. Five members shall be physicians
6		licensed to practice medicine in all its branches, one
7		representing a medical school faculty, one who is board
8		certified in preventive medicine, and one who is engaged in
9		private practice. One member shall be a chiropractic physician.
10		One member shall be a dentist; one an environmental health
11		practitioner; one a local public health administrator; one a
12		local board of health member; one a registered nurse; one a
13		physical therapist; one a veterinarian; one a public health
14		academician; one a health care industry representative; one a
15		representative of the business community; one a representative
16		of the non-profit public interest community; and 2 shall be
17		citizens at large.
18		The terms of Board of Health members shall be 3 years,
19		except that members shall continue to serve on the Board of
20		Health until a replacement is appointed. Upon the effective
21		date of this amendatory Act of the 93rd General Assembly, in
22		the appointment of the Board of Health members appointed to
23		vacancies or positions with terms expiring on or before
24		December 31, 2004, the Governor shall appoint up to 6 members
25		to serve for terms of 3 years; up to 6 members to serve for
26		terms of 2 years; and up to 5 members to serve for a term of one

SB3733 Engrossed - 74 - LRB096 19592 AMC 34984 b
1		year, so that the term of no more than 6 members expire in the
2		same year. All members shall be legal residents of the State of
3		Illinois. The duties of the Board shall include, but not be
4		limited to, the following:
5		(1) To advise the Department of ways to encourage
6		public understanding and support of the Department's
7		programs.
8		(2) To evaluate all boards, councils, committees,
9		authorities, and bodies advisory to, or an adjunct of, the
10		Department of Public Health or its Director for the purpose
11		of recommending to the Director one or more of the
12		following:
13		(i) The elimination of bodies whose activities are
14		not consistent with goals and objectives of the
15		Department.
16		(ii) The consolidation of bodies whose activities
17		encompass compatible programmatic subjects.
18		(iii) The restructuring of the relationship
19		between the various bodies and their integration
20		within the organizational structure of the Department.
21		(iv) The establishment of new bodies deemed
22		essential to the functioning of the Department.
23		(3) To serve as an advisory group to the Director for
24		public health emergencies and control of health hazards.
25		(4) To advise the Director regarding public health
26		policy, and to make health policy recommendations

SB3733 Engrossed - 75 - LRB096 19592 AMC 34984 b
1		regarding priorities to the Governor through the Director.
2		(5) To present public health issues to the Director and
3		to make recommendations for the resolution of those issues.
4		(6) To recommend studies to delineate public health
5		problems.
6		(7) To make recommendations to the Governor through the
7		Director regarding the coordination of State public health
8		activities with other State and local public health
9		agencies and organizations.
10		(8) To report on or before February 1 of each year on
11		the health of the residents of Illinois to the Governor,
12		the General Assembly, and the public.
13		(9) To review the final draft of all proposed
14		administrative rules, other than emergency or preemptory
15		rules and those rules that another advisory body must
16		approve or review within a statutorily defined time period,
17		of the Department after September 19, 1991 (the effective
18		date of Public Act 87-633). The Board shall review the
19		proposed rules within 90 days of submission by the
20		Department. The Department shall take into consideration
21		any comments and recommendations of the Board regarding the
22		proposed rules prior to submission to the Secretary of
23		State for initial publication. If the Department disagrees
24		with the recommendations of the Board, it shall submit a
25		written response outlining the reasons for not accepting
26		the recommendations.

SB3733 Engrossed - 76 - LRB096 19592 AMC 34984 b
1		In the case of proposed administrative rules or
2		amendments to administrative rules regarding immunization
3		of children against preventable communicable diseases
4		designated by the Director under the Communicable Disease
5		Prevention Act, after the Immunization Advisory Committee
6		has made its recommendations, the Board shall conduct 3
7		public hearings, geographically distributed throughout the
8		State. At the conclusion of the hearings, the State Board
9		of Health shall issue a report, including its
10		recommendations, to the Director. The Director shall take
11		into consideration any comments or recommendations made by
12		the Board based on these hearings.
13		(10) To deliver to the Governor for presentation to the
14		General Assembly a State Health Improvement Plan. The first
15		and second such plans shall be delivered to the Governor on
16		January 1, 2006 and on January 1, 2009 respectively, and
17		then every 4 years thereafter.
18		The Plan shall recommend priorities and strategies to
19		improve the public health system and the health status of
20		Illinois residents, taking into consideration national
21		health objectives and system standards as frameworks for
22		assessment.
23		The Plan shall also take into consideration priorities
24		and strategies developed at the community level through the
25		Illinois Project for Local Assessment of Needs (IPLAN) and
26		any regional health improvement plans that may be

SB3733 Engrossed - 77 - LRB096 19592 AMC 34984 b
1		developed. The Plan shall focus on prevention as a key
2		strategy for long-term health improvement in Illinois.
3		The Plan shall examine and make recommendations on the
4		contributions and strategies of the public and private
5		sectors for improving health status and the public health
6		system in the State. In addition to recommendations on
7		health status improvement priorities and strategies for
8		the population of the State as a whole, the Plan shall make
9		recommendations regarding priorities and strategies for
10		reducing and eliminating health disparities in Illinois;
11		including racial, ethnic, gender, age, socio-economic and
12		geographic disparities.
13		The Director of the Illinois Department of Public
14		Health shall appoint a Planning Team that includes a range
15		of public, private, and voluntary sector stakeholders and
16		participants in the public health system. This Team shall
17		include: the directors of State agencies with public health
18		responsibilities (or their designees), including but not
19		limited to the Illinois Departments of Public Health and
20		Department of Human Services, representatives of local
21		health departments, representatives of local community
22		health partnerships, and individuals with expertise who
23		represent an array of organizations and constituencies
24		engaged in public health improvement and prevention.
25		The State Board of Health shall hold at least 3 public
26		hearings addressing drafts of the Plan in representative

SB3733 Engrossed - 78 - LRB096 19592 AMC 34984 b
1		geographic areas of the State. Members of the Planning Team
2		shall receive no compensation for their services, but may
3		be reimbursed for their necessary expenses.
4		(11) Upon the request of the Governor, to recommend to
5		the Governor candidates for Director of Public Health when
6		vacancies occur in the position.
7		(12) To adopt bylaws for the conduct of its own
8		business, including the authority to establish ad hoc
9		committees to address specific public health programs
10		requiring resolution.
11		(13) To review and comment upon the Comprehensive
12		Health Plan submitted by the Center for Comprehensive
13		Health Planning as provided under Section 2310-217 of the
14		Department of Public Health Powers and Duties Law of the
15		Civil Administrative Code of Illinois.
16		Upon appointment, the Board shall elect a chairperson from
17		among its members.
18		Members of the Board shall receive compensation for their
19		services at the rate of $150 per day, not to exceed $10,000 per
20		year, as designated by the Director for each day required for
21		transacting the business of the Board and shall be reimbursed
22		for necessary expenses incurred in the performance of their
23		duties. The Board shall meet from time to time at the call of
24		the Department, at the call of the chairperson, or upon the
25		request of 3 of its members, but shall not meet less than 4
26		times per year.

SB3733 Engrossed - 79 - LRB096 19592 AMC 34984 b
1		(b) (Blank).
2		(c) An Advisory Board on Necropsy Service to Coroners,
3		which shall counsel and advise with the Director on the
4		administration of the Autopsy Act. The Advisory Board shall
5		consist of 11 members, including a senior citizen age 60 or
6		over, appointed by the Governor, one of whom shall be
7		designated as chairman by a majority of the members of the
8		Board. In the appointment of the first Board the Governor shall
9		appoint 3 members to serve for terms of 1 year, 3 for terms of 2
10		years, and 3 for terms of 3 years. The members first appointed
11		under Public Act 83-1538 shall serve for a term of 3 years. All
12		members appointed thereafter shall be appointed for terms of 3
13		years, except that when an appointment is made to fill a
14		vacancy, the appointment shall be for the remaining term of the
15		position vacant. The members of the Board shall be citizens of
16		the State of Illinois. In the appointment of members of the
17		Advisory Board the Governor shall appoint 3 members who shall
18		be persons licensed to practice medicine and surgery in the
19		State of Illinois, at least 2 of whom shall have received
20		post-graduate training in the field of pathology; 3 members who
21		are duly elected coroners in this State; and 5 members who
22		shall have interest and abilities in the field of forensic
23		medicine but who shall be neither persons licensed to practice
24		any branch of medicine in this State nor coroners. In the
25		appointment of medical and coroner members of the Board, the
26		Governor shall invite nominations from recognized medical and

SB3733 Engrossed - 80 - LRB096 19592 AMC 34984 b
1		coroners organizations in this State respectively. Board
2		members, while serving on business of the Board, shall receive
3		actual necessary travel and subsistence expenses while so
4		serving away from their places of residence.
5		(Source: P.A. 96-31, eff. 6-30-09; 96-455, eff. 8-14-09;
6		revised 9-4-09.)
7		Section 60. The Children and Family Services Act is amended
8		by changing Sections 5 and 34.11 as follows:
9		(20 ILCS 505/5) (from Ch. 23, par. 5005)
10		Sec. 5. Direct child welfare services; Department of
11		Children and Family Services. To provide direct child welfare
12		services when not available through other public or private
13		child care or program facilities.
14		(a) For purposes of this Section:
15		(1) "Children" means persons found within the State who
16		are under the age of 18 years. The term also includes
17		persons under age 21 who:
18		(A) were committed to the Department pursuant to
19		the Juvenile Court Act or the Juvenile Court Act of
20		1987, as amended, prior to the age of 18 and who
21		continue under the jurisdiction of the court; or
22		(B) were accepted for care, service and training by
23		the Department prior to the age of 18 and whose best
24		interest in the discretion of the Department would be

SB3733 Engrossed - 81 - LRB096 19592 AMC 34984 b
1		served by continuing that care, service and training
2		because of severe emotional disturbances, physical
3		disability, social adjustment or any combination
4		thereof, or because of the need to complete an
5		educational or vocational training program.
6		(2) "Homeless youth" means persons found within the
7		State who are under the age of 19, are not in a safe and
8		stable living situation and cannot be reunited with their
9		families.
10		(3) "Child welfare services" means public social
11		services which are directed toward the accomplishment of
12		the following purposes:
13		(A) protecting and promoting the health, safety
14		and welfare of children, including homeless, dependent
15		or neglected children;
16		(B) remedying, or assisting in the solution of
17		problems which may result in, the neglect, abuse,
18		exploitation or delinquency of children;
19		(C) preventing the unnecessary separation of
20		children from their families by identifying family
21		problems, assisting families in resolving their
22		problems, and preventing the breakup of the family
23		where the prevention of child removal is desirable and
24		possible when the child can be cared for at home
25		without endangering the child's health and safety;
26		(D) restoring to their families children who have

SB3733 Engrossed - 82 - LRB096 19592 AMC 34984 b
1		been removed, by the provision of services to the child
2		and the families when the child can be cared for at
3		home without endangering the child's health and
4		safety;
5		(E) placing children in suitable adoptive homes,
6		in cases where restoration to the biological family is
7		not safe, possible or appropriate;
8		(F) assuring safe and adequate care of children
9		away from their homes, in cases where the child cannot
10		be returned home or cannot be placed for adoption. At
11		the time of placement, the Department shall consider
12		concurrent planning, as described in subsection (l-1)
13		of this Section so that permanency may occur at the
14		earliest opportunity. Consideration should be given so
15		that if reunification fails or is delayed, the
16		placement made is the best available placement to
17		provide permanency for the child;
18		(G) (blank);
19		(H) (blank); and
20		(I) placing and maintaining children in facilities
21		that provide separate living quarters for children
22		under the age of 18 and for children 18 years of age
23		and older, unless a child 18 years of age is in the
24		last year of high school education or vocational
25		training, in an approved individual or group treatment
26		program, in a licensed shelter facility, or secure

SB3733 Engrossed - 83 - LRB096 19592 AMC 34984 b
1		child care facility. The Department is not required to
2		place or maintain children:
3		(i) who are in a foster home, or
4		(ii) who are persons with a developmental
5		disability, as defined in the Mental Health and
6		Developmental Disabilities Code, or
7		(iii) who are female children who are
8		pregnant, pregnant and parenting or parenting, or
9		(iv) who are siblings, in facilities that
10		provide separate living quarters for children 18
11		years of age and older and for children under 18
12		years of age.
13		(b) Nothing in this Section shall be construed to authorize
14		the expenditure of public funds for the purpose of performing
15		abortions.
16		(c) The Department shall establish and maintain
17		tax-supported child welfare services and extend and seek to
18		improve voluntary services throughout the State, to the end
19		that services and care shall be available on an equal basis
20		throughout the State to children requiring such services.
21		(d) The Director may authorize advance disbursements for
22		any new program initiative to any agency contracting with the
23		Department. As a prerequisite for an advance disbursement, the
24		contractor must post a surety bond in the amount of the advance
25		disbursement and have a purchase of service contract approved
26		by the Department. The Department may pay up to 2 months

SB3733 Engrossed - 84 - LRB096 19592 AMC 34984 b
1		operational expenses in advance. The amount of the advance
2		disbursement shall be prorated over the life of the contract or
3		the remaining months of the fiscal year, whichever is less, and
4		the installment amount shall then be deducted from future
5		bills. Advance disbursement authorizations for new initiatives
6		shall not be made to any agency after that agency has operated
7		during 2 consecutive fiscal years. The requirements of this
8		Section concerning advance disbursements shall not apply with
9		respect to the following: payments to local public agencies for
10		child day care services as authorized by Section 5a of this
11		Act; and youth service programs receiving grant funds under
12		Section 17a-4.
13		(e) (Blank).
14		(f) (Blank).
15		(g) The Department shall establish rules and regulations
16		concerning its operation of programs designed to meet the goals
17		of child safety and protection, family preservation, family
18		reunification, and adoption, including but not limited to:
19		(1) adoption;
20		(2) foster care;
21		(3) family counseling;
22		(4) protective services;
23		(5) (blank);
24		(6) homemaker service;
25		(7) return of runaway children;
26		(8) (blank);

SB3733 Engrossed - 85 - LRB096 19592 AMC 34984 b
1		(9) placement under Section 5-7 of the Juvenile Court
2		Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
3		Court Act of 1987 in accordance with the federal Adoption
4		Assistance and Child Welfare Act of 1980; and
5		(10) interstate services.
6		Rules and regulations established by the Department shall
7		include provisions for training Department staff and the staff
8		of Department grantees, through contracts with other agencies
9		or resources, in alcohol and drug abuse screening techniques
10		approved by the Department of Human Services, as a successor to
11		the Department of Alcoholism and Substance Abuse, for the
12		purpose of identifying children and adults who should be
13		referred to an alcohol and drug abuse treatment program for
14		professional evaluation.
15		(h) If the Department finds that there is no appropriate
16		program or facility within or available to the Department for a
17		ward and that no licensed private facility has an adequate and
18		appropriate program or none agrees to accept the ward, the
19		Department shall create an appropriate individualized,
20		program-oriented plan for such ward. The plan may be developed
21		within the Department or through purchase of services by the
22		Department to the extent that it is within its statutory
23		authority to do.
24		(i) Service programs shall be available throughout the
25		State and shall include but not be limited to the following
26		services:

SB3733 Engrossed - 86 - LRB096 19592 AMC 34984 b
1		(1) case management;
2		(2) homemakers;
3		(3) counseling;
4		(4) parent education;
5		(5) day care; and
6		(6) emergency assistance and advocacy.
7		In addition, the following services may be made available
8		to assess and meet the needs of children and families:
9		(1) comprehensive family-based services;
10		(2) assessments;
11		(3) respite care; and
12		(4) in-home health services.
13		The Department shall provide transportation for any of the
14		services it makes available to children or families or for
15		which it refers children or families.
16		(j) The Department may provide categories of financial
17		assistance and education assistance grants, and shall
18		establish rules and regulations concerning the assistance and
19		grants, to persons who adopt physically or mentally
20		handicapped, older and other hard-to-place children who (i)
21		immediately prior to their adoption were legal wards of the
22		Department or (ii) were determined eligible for financial
23		assistance with respect to a prior adoption and who become
24		available for adoption because the prior adoption has been
25		dissolved and the parental rights of the adoptive parents have
26		been terminated or because the child's adoptive parents have

SB3733 Engrossed - 87 - LRB096 19592 AMC 34984 b
1		died. The Department may continue to provide financial
2		assistance and education assistance grants for a child who was
3		determined eligible for financial assistance under this
4		subsection (j) in the interim period beginning when the child's
5		adoptive parents died and ending with the finalization of the
6		new adoption of the child by another adoptive parent or
7		parents. The Department may also provide categories of
8		financial assistance and education assistance grants, and
9		shall establish rules and regulations for the assistance and
10		grants, to persons appointed guardian of the person under
11		Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
12		4-25 or 5-740 of the Juvenile Court Act of 1987 for children
13		who were wards of the Department for 12 months immediately
14		prior to the appointment of the guardian.
15		The amount of assistance may vary, depending upon the needs
16		of the child and the adoptive parents, as set forth in the
17		annual assistance agreement. Special purpose grants are
18		allowed where the child requires special service but such costs
19		may not exceed the amounts which similar services would cost
20		the Department if it were to provide or secure them as guardian
21		of the child.
22		Any financial assistance provided under this subsection is
23		inalienable by assignment, sale, execution, attachment,
24		garnishment, or any other remedy for recovery or collection of
25		a judgment or debt.
26		(j-5) The Department shall not deny or delay the placement

SB3733 Engrossed - 88 - LRB096 19592 AMC 34984 b
1		of a child for adoption if an approved family is available
2		either outside of the Department region handling the case, or
3		outside of the State of Illinois.
4		(k) The Department shall accept for care and training any
5		child who has been adjudicated neglected or abused, or
6		dependent committed to it pursuant to the Juvenile Court Act or
7		the Juvenile Court Act of 1987.
8		(l) The Department shall offer family preservation
9		services, as defined in Section 8.2 of the Abused and Neglected
10		Child Reporting Act, to help families, including adoptive and
11		extended families. Family preservation services shall be
12		offered (i) to prevent the placement of children in substitute
13		care when the children can be cared for at home or in the
14		custody of the person responsible for the children's welfare,
15		(ii) to reunite children with their families, or (iii) to
16		maintain an adoptive placement. Family preservation services
17		shall only be offered when doing so will not endanger the
18		children's health or safety. With respect to children who are
19		in substitute care pursuant to the Juvenile Court Act of 1987,
20		family preservation services shall not be offered if a goal
21		other than those of subdivisions (A), (B), or (B-1) of
22		subsection (2) of Section 2-28 of that Act has been set.
23		Nothing in this paragraph shall be construed to create a
24		private right of action or claim on the part of any individual
25		or child welfare agency, except that when a child is the
26		subject of an action under Article II of the Juvenile Court Act

SB3733 Engrossed - 89 - LRB096 19592 AMC 34984 b
1		of 1987 and the child's service plan calls for services to
2		facilitate achievement of the permanency goal, the court
3		hearing the action under Article II of the Juvenile Court Act
4		of 1987 may order the Department to provide the services set
5		out in the plan, if those services are not provided with
6		reasonable promptness and if those services are available.
7		The Department shall notify the child and his family of the
8		Department's responsibility to offer and provide family
9		preservation services as identified in the service plan. The
10		child and his family shall be eligible for services as soon as
11		the report is determined to be "indicated". The Department may
12		offer services to any child or family with respect to whom a
13		report of suspected child abuse or neglect has been filed,
14		prior to concluding its investigation under Section 7.12 of the
15		Abused and Neglected Child Reporting Act. However, the child's
16		or family's willingness to accept services shall not be
17		considered in the investigation. The Department may also
18		provide services to any child or family who is the subject of
19		any report of suspected child abuse or neglect or may refer
20		such child or family to services available from other agencies
21		in the community, even if the report is determined to be
22		unfounded, if the conditions in the child's or family's home
23		are reasonably likely to subject the child or family to future
24		reports of suspected child abuse or neglect. Acceptance of such
25		services shall be voluntary. The Department may also provide
26		services to any child or family after completion of a family

SB3733 Engrossed - 90 - LRB096 19592 AMC 34984 b
1		assessment, as an alternative to an investigation, as provided
2		under the "differential response program" provided for in
3		subsection (a-5) of Section 7.4 of the Abused and Neglected
4		Child Reporting Act.
5		The Department may, at its discretion except for those
6		children also adjudicated neglected or dependent, accept for
7		care and training any child who has been adjudicated addicted,
8		as a truant minor in need of supervision or as a minor
9		requiring authoritative intervention, under the Juvenile Court
10		Act or the Juvenile Court Act of 1987, but no such child shall
11		be committed to the Department by any court without the
12		approval of the Department. A minor charged with a criminal
13		offense under the Criminal Code of 1961 or adjudicated
14		delinquent shall not be placed in the custody of or committed
15		to the Department by any court, except (i) a minor less than 15
16		years of age committed to the Department under Section 5-710 of
17		the Juvenile Court Act of 1987, (ii) a minor for whom an
18		independent basis of abuse, neglect, or dependency exists,
19		which must be defined by departmental rule, or (iii) a minor
20		for whom the court has granted a supplemental petition to
21		reinstate wardship pursuant to subsection (2) of Section 2-33
22		of the Juvenile Court Act of 1987. An independent basis exists
23		when the allegations or adjudication of abuse, neglect, or
24		dependency do not arise from the same facts, incident, or
25		circumstances which give rise to a charge or adjudication of
26		delinquency.

SB3733 Engrossed - 91 - LRB096 19592 AMC 34984 b
1		As soon as is possible after August 7, 2009 (the effective
2		date of Public Act 96-134) this amendatory Act of the 96th
3		General Assembly, the Department shall develop and implement a
4		special program of family preservation services to support
5		intact, foster, and adoptive families who are experiencing
6		extreme hardships due to the difficulty and stress of caring
7		for a child who has been diagnosed with a pervasive
8		developmental disorder if the Department determines that those
9		services are necessary to ensure the health and safety of the
10		child. The Department may offer services to any family whether
11		or not a report has been filed under the Abused and Neglected
12		Child Reporting Act. The Department may refer the child or
13		family to services available from other agencies in the
14		community if the conditions in the child's or family's home are
15		reasonably likely to subject the child or family to future
16		reports of suspected child abuse or neglect. Acceptance of
17		these services shall be voluntary. The Department shall develop
18		and implement a public information campaign to alert health and
19		social service providers and the general public about these
20		special family preservation services. The nature and scope of
21		the services offered and the number of families served under
22		the special program implemented under this paragraph shall be
23		determined by the level of funding that the Department annually
24		allocates for this purpose. The term "pervasive developmental
25		disorder" under this paragraph means a neurological condition,
26		including but not limited to, Asperger's Syndrome and autism,

SB3733 Engrossed - 92 - LRB096 19592 AMC 34984 b
1		as defined in the most recent edition of the Diagnostic and
2		Statistical Manual of Mental Disorders of the American
3		Psychiatric Association.
4		(l-1) The legislature recognizes that the best interests of
5		the child require that the child be placed in the most
6		permanent living arrangement as soon as is practically
7		possible. To achieve this goal, the legislature directs the
8		Department of Children and Family Services to conduct
9		concurrent planning so that permanency may occur at the
10		earliest opportunity. Permanent living arrangements may
11		include prevention of placement of a child outside the home of
12		the family when the child can be cared for at home without
13		endangering the child's health or safety; reunification with
14		the family, when safe and appropriate, if temporary placement
15		is necessary; or movement of the child toward the most
16		permanent living arrangement and permanent legal status.
17		When determining reasonable efforts to be made with respect
18		to a child, as described in this subsection, and in making such
19		reasonable efforts, the child's health and safety shall be the
20		paramount concern.
21		When a child is placed in foster care, the Department shall
22		ensure and document that reasonable efforts were made to
23		prevent or eliminate the need to remove the child from the
24		child's home. The Department must make reasonable efforts to
25		reunify the family when temporary placement of the child occurs
26		unless otherwise required, pursuant to the Juvenile Court Act

SB3733 Engrossed - 93 - LRB096 19592 AMC 34984 b
1		of 1987. At any time after the dispositional hearing where the
2		Department believes that further reunification services would
3		be ineffective, it may request a finding from the court that
4		reasonable efforts are no longer appropriate. The Department is
5		not required to provide further reunification services after
6		such a finding.
7		A decision to place a child in substitute care shall be
8		made with considerations of the child's health, safety, and
9		best interests. At the time of placement, consideration should
10		also be given so that if reunification fails or is delayed, the
11		placement made is the best available placement to provide
12		permanency for the child.
13		The Department shall adopt rules addressing concurrent
14		planning for reunification and permanency. The Department
15		shall consider the following factors when determining
16		appropriateness of concurrent planning:
17		(1) the likelihood of prompt reunification;
18		(2) the past history of the family;
19		(3) the barriers to reunification being addressed by
20		the family;
21		(4) the level of cooperation of the family;
22		(5) the foster parents' willingness to work with the
23		family to reunite;
24		(6) the willingness and ability of the foster family to
25		provide an adoptive home or long-term placement;
26		(7) the age of the child;

SB3733 Engrossed - 94 - LRB096 19592 AMC 34984 b
1		(8) placement of siblings.
2		(m) The Department may assume temporary custody of any
3		child if:
4		(1) it has received a written consent to such temporary
5		custody signed by the parents of the child or by the parent
6		having custody of the child if the parents are not living
7		together or by the guardian or custodian of the child if
8		the child is not in the custody of either parent, or
9		(2) the child is found in the State and neither a
10		parent, guardian nor custodian of the child can be located.
11		If the child is found in his or her residence without a parent,
12		guardian, custodian or responsible caretaker, the Department
13		may, instead of removing the child and assuming temporary
14		custody, place an authorized representative of the Department
15		in that residence until such time as a parent, guardian or
16		custodian enters the home and expresses a willingness and
17		apparent ability to ensure the child's health and safety and
18		resume permanent charge of the child, or until a relative
19		enters the home and is willing and able to ensure the child's
20		health and safety and assume charge of the child until a
21		parent, guardian or custodian enters the home and expresses
22		such willingness and ability to ensure the child's safety and
23		resume permanent charge. After a caretaker has remained in the
24		home for a period not to exceed 12 hours, the Department must
25		follow those procedures outlined in Section 2-9, 3-11, 4-8, or
26		5-415 of the Juvenile Court Act of 1987.

SB3733 Engrossed - 95 - LRB096 19592 AMC 34984 b
1		The Department shall have the authority, responsibilities
2		and duties that a legal custodian of the child would have
3		pursuant to subsection (9) of Section 1-3 of the Juvenile Court
4		Act of 1987. Whenever a child is taken into temporary custody
5		pursuant to an investigation under the Abused and Neglected
6		Child Reporting Act, or pursuant to a referral and acceptance
7		under the Juvenile Court Act of 1987 of a minor in limited
8		custody, the Department, during the period of temporary custody
9		and before the child is brought before a judicial officer as
10		required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
11		Court Act of 1987, shall have the authority, responsibilities
12		and duties that a legal custodian of the child would have under
13		subsection (9) of Section 1-3 of the Juvenile Court Act of
14		1987.
15		The Department shall ensure that any child taken into
16		custody is scheduled for an appointment for a medical
17		examination.
18		A parent, guardian or custodian of a child in the temporary
19		custody of the Department who would have custody of the child
20		if he were not in the temporary custody of the Department may
21		deliver to the Department a signed request that the Department
22		surrender the temporary custody of the child. The Department
23		may retain temporary custody of the child for 10 days after the
24		receipt of the request, during which period the Department may
25		cause to be filed a petition pursuant to the Juvenile Court Act
26		of 1987. If a petition is so filed, the Department shall retain

SB3733 Engrossed - 96 - LRB096 19592 AMC 34984 b
1		temporary custody of the child until the court orders
2		otherwise. If a petition is not filed within the 10 day period,
3		the child shall be surrendered to the custody of the requesting
4		parent, guardian or custodian not later than the expiration of
5		the 10 day period, at which time the authority and duties of
6		the Department with respect to the temporary custody of the
7		child shall terminate.
8		(m-1) The Department may place children under 18 years of
9		age in a secure child care facility licensed by the Department
10		that cares for children who are in need of secure living
11		arrangements for their health, safety, and well-being after a
12		determination is made by the facility director and the Director
13		or the Director's designate prior to admission to the facility
14		subject to Section 2-27.1 of the Juvenile Court Act of 1987.
15		This subsection (m-1) does not apply to a child who is subject
16		to placement in a correctional facility operated pursuant to
17		Section 3-15-2 of the Unified Code of Corrections, unless the
18		child is a ward who was placed under the care of the Department
19		before being subject to placement in a correctional facility
20		and a court of competent jurisdiction has ordered placement of
21		the child in a secure care facility.
22		(n) The Department may place children under 18 years of age
23		in licensed child care facilities when in the opinion of the
24		Department, appropriate services aimed at family preservation
25		have been unsuccessful and cannot ensure the child's health and
26		safety or are unavailable and such placement would be for their

SB3733 Engrossed - 97 - LRB096 19592 AMC 34984 b
1		best interest. Payment for board, clothing, care, training and
2		supervision of any child placed in a licensed child care
3		facility may be made by the Department, by the parents or
4		guardians of the estates of those children, or by both the
5		Department and the parents or guardians, except that no
6		payments shall be made by the Department for any child placed
7		in a licensed child care facility for board, clothing, care,
8		training and supervision of such a child that exceed the
9		average per capita cost of maintaining and of caring for a
10		child in institutions for dependent or neglected children
11		operated by the Department. However, such restriction on
12		payments does not apply in cases where children require
13		specialized care and treatment for problems of severe emotional
14		disturbance, physical disability, social adjustment, or any
15		combination thereof and suitable facilities for the placement
16		of such children are not available at payment rates within the
17		limitations set forth in this Section. All reimbursements for
18		services delivered shall be absolutely inalienable by
19		assignment, sale, attachment, garnishment or otherwise.
20		(n-1) The Department shall provide or authorize child
21		welfare services, aimed at assisting minors to achieve
22		sustainable self-sufficiency as independent adults, for any
23		minor eligible for the reinstatement of wardship pursuant to
24		subsection (2) of Section 2-33 of the Juvenile Court Act of
25		1987, whether or not such reinstatement is sought or allowed,
26		provided that the minor consents to such services and has not

SB3733 Engrossed - 98 - LRB096 19592 AMC 34984 b
1		yet attained the age of 21. The Department shall have
2		responsibility for the development and delivery of services
3		under this Section. An eligible youth may access services under
4		this Section through the Department of Children and Family
5		Services or by referral from the Department of Human Services.
6		Youth participating in services under this Section shall
7		cooperate with the assigned case manager in developing an
8		agreement identifying the services to be provided and how the
9		youth will increase skills to achieve self-sufficiency. A
10		homeless shelter is not considered appropriate housing for any
11		youth receiving child welfare services under this Section. The
12		Department shall continue child welfare services under this
13		Section to any eligible minor until the minor becomes 21 years
14		of age, no longer consents to participate, or achieves
15		self-sufficiency as identified in the minor's service plan. The
16		Department of Children and Family Services shall create clear,
17		readable notice of the rights of former foster youth to child
18		welfare services under this Section and how such services may
19		be obtained. The Department of Children and Family Services and
20		the Department of Human Services shall disseminate this
21		information statewide. The Department shall adopt regulations
22		describing services intended to assist minors in achieving
23		sustainable self-sufficiency as independent adults.
24		(o) The Department shall establish an administrative
25		review and appeal process for children and families who request
26		or receive child welfare services from the Department. Children

SB3733 Engrossed - 99 - LRB096 19592 AMC 34984 b
1		who are wards of the Department and are placed by private child
2		welfare agencies, and foster families with whom those children
3		are placed, shall be afforded the same procedural and appeal
4		rights as children and families in the case of placement by the
5		Department, including the right to an initial review of a
6		private agency decision by that agency. The Department shall
7		insure that any private child welfare agency, which accepts
8		wards of the Department for placement, affords those rights to
9		children and foster families. The Department shall accept for
10		administrative review and an appeal hearing a complaint made by
11		(i) a child or foster family concerning a decision following an
12		initial review by a private child welfare agency or (ii) a
13		prospective adoptive parent who alleges a violation of
14		subsection (j-5) of this Section. An appeal of a decision
15		concerning a change in the placement of a child shall be
16		conducted in an expedited manner.
17		(p) There is hereby created the Department of Children and
18		Family Services Emergency Assistance Fund from which the
19		Department may provide special financial assistance to
20		families which are in economic crisis when such assistance is
21		not available through other public or private sources and the
22		assistance is deemed necessary to prevent dissolution of the
23		family unit or to reunite families which have been separated
24		due to child abuse and neglect. The Department shall establish
25		administrative rules specifying the criteria for determining
26		eligibility for and the amount and nature of assistance to be

SB3733 Engrossed - 100 - LRB096 19592 AMC 34984 b
1		provided. The Department may also enter into written agreements
2		with private and public social service agencies to provide
3		emergency financial services to families referred by the
4		Department. Special financial assistance payments shall be
5		available to a family no more than once during each fiscal year
6		and the total payments to a family may not exceed $500 during a
7		fiscal year.
8		(q) The Department may receive and use, in their entirety,
9		for the benefit of children any gift, donation or bequest of
10		money or other property which is received on behalf of such
11		children, or any financial benefits to which such children are
12		or may become entitled while under the jurisdiction or care of
13		the Department.
14		The Department shall set up and administer no-cost,
15		interest-bearing accounts in appropriate financial
16		institutions for children for whom the Department is legally
17		responsible and who have been determined eligible for Veterans'
18		Benefits, Social Security benefits, assistance allotments from
19		the armed forces, court ordered payments, parental voluntary
20		payments, Supplemental Security Income, Railroad Retirement
21		payments, Black Lung benefits, or other miscellaneous
22		payments. Interest earned by each account shall be credited to
23		the account, unless disbursed in accordance with this
24		subsection.
25		In disbursing funds from children's accounts, the
26		Department shall:

SB3733 Engrossed - 101 - LRB096 19592 AMC 34984 b
1		(1) Establish standards in accordance with State and
2		federal laws for disbursing money from children's
3		accounts. In all circumstances, the Department's
4		"Guardianship Administrator" or his or her designee must
5		approve disbursements from children's accounts. The
6		Department shall be responsible for keeping complete
7		records of all disbursements for each account for any
8		purpose.
9		(2) Calculate on a monthly basis the amounts paid from
10		State funds for the child's board and care, medical care
11		not covered under Medicaid, and social services; and
12		utilize funds from the child's account, as covered by
13		regulation, to reimburse those costs. Monthly,
14		disbursements from all children's accounts, up to 1/12 of
15		$13,000,000, shall be deposited by the Department into the
16		General Revenue Fund and the balance over 1/12 of
17		$13,000,000 into the DCFS Children's Services Fund.
18		(3) Maintain any balance remaining after reimbursing
19		for the child's costs of care, as specified in item (2).
20		The balance shall accumulate in accordance with relevant
21		State and federal laws and shall be disbursed to the child
22		or his or her guardian, or to the issuing agency.
23		(r) The Department shall promulgate regulations
24		encouraging all adoption agencies to voluntarily forward to the
25		Department or its agent names and addresses of all persons who
26		have applied for and have been approved for adoption of a

SB3733 Engrossed - 102 - LRB096 19592 AMC 34984 b
1		hard-to-place or handicapped child and the names of such
2		children who have not been placed for adoption. A list of such
3		names and addresses shall be maintained by the Department or
4		its agent, and coded lists which maintain the confidentiality
5		of the person seeking to adopt the child and of the child shall
6		be made available, without charge, to every adoption agency in
7		the State to assist the agencies in placing such children for
8		adoption. The Department may delegate to an agent its duty to
9		maintain and make available such lists. The Department shall
10		ensure that such agent maintains the confidentiality of the
11		person seeking to adopt the child and of the child.
12		(s) The Department of Children and Family Services may
13		establish and implement a program to reimburse Department and
14		private child welfare agency foster parents licensed by the
15		Department of Children and Family Services for damages
16		sustained by the foster parents as a result of the malicious or
17		negligent acts of foster children, as well as providing third
18		party coverage for such foster parents with regard to actions
19		of foster children to other individuals. Such coverage will be
20		secondary to the foster parent liability insurance policy, if
21		applicable. The program shall be funded through appropriations
22		from the General Revenue Fund, specifically designated for such
23		purposes.
24		(t) The Department shall perform home studies and
25		investigations and shall exercise supervision over visitation
26		as ordered by a court pursuant to the Illinois Marriage and

SB3733 Engrossed - 103 - LRB096 19592 AMC 34984 b
1		Dissolution of Marriage Act or the Adoption Act only if:
2		(1) an order entered by an Illinois court specifically
3		directs the Department to perform such services; and
4		(2) the court has ordered one or both of the parties to
5		the proceeding to reimburse the Department for its
6		reasonable costs for providing such services in accordance
7		with Department rules, or has determined that neither party
8		is financially able to pay.
9		The Department shall provide written notification to the
10		court of the specific arrangements for supervised visitation
11		and projected monthly costs within 60 days of the court order.
12		The Department shall send to the court information related to
13		the costs incurred except in cases where the court has
14		determined the parties are financially unable to pay. The court
15		may order additional periodic reports as appropriate.
16		(u) In addition to other information that must be provided,
17		whenever the Department places a child with a prospective
18		adoptive parent or parents or in a licensed foster home, group
19		home, child care institution, or in a relative home, the
20		Department shall provide to the prospective adoptive parent or
21		parents or other caretaker:
22		(1) available detailed information concerning the
23		child's educational and health history, copies of
24		immunization records (including insurance and medical card
25		information), a history of the child's previous
26		placements, if any, and reasons for placement changes

SB3733 Engrossed - 104 - LRB096 19592 AMC 34984 b
1		excluding any information that identifies or reveals the
2		location of any previous caretaker;
3		(2) a copy of the child's portion of the client service
4		plan, including any visitation arrangement, and all
5		amendments or revisions to it as related to the child; and
6		(3) information containing details of the child's
7		individualized educational plan when the child is
8		receiving special education services.
9		The caretaker shall be informed of any known social or
10		behavioral information (including, but not limited to,
11		criminal background, fire setting, perpetuation of sexual
12		abuse, destructive behavior, and substance abuse) necessary to
13		care for and safeguard the children to be placed or currently
14		in the home. The Department may prepare a written summary of
15		the information required by this paragraph, which may be
16		provided to the foster or prospective adoptive parent in
17		advance of a placement. The foster or prospective adoptive
18		parent may review the supporting documents in the child's file
19		in the presence of casework staff. In the case of an emergency
20		placement, casework staff shall at least provide known
21		information verbally, if necessary, and must subsequently
22		provide the information in writing as required by this
23		subsection.
24		The information described in this subsection shall be
25		provided in writing. In the case of emergency placements when
26		time does not allow prior review, preparation, and collection

SB3733 Engrossed - 105 - LRB096 19592 AMC 34984 b
1		of written information, the Department shall provide such
2		information as it becomes available. Within 10 business days
3		after placement, the Department shall obtain from the
4		prospective adoptive parent or parents or other caretaker a
5		signed verification of receipt of the information provided.
6		Within 10 business days after placement, the Department shall
7		provide to the child's guardian ad litem a copy of the
8		information provided to the prospective adoptive parent or
9		parents or other caretaker. The information provided to the
10		prospective adoptive parent or parents or other caretaker shall
11		be reviewed and approved regarding accuracy at the supervisory
12		level.
13		(u-5) Effective July 1, 1995, only foster care placements
14		licensed as foster family homes pursuant to the Child Care Act
15		of 1969 shall be eligible to receive foster care payments from
16		the Department. Relative caregivers who, as of July 1, 1995,
17		were approved pursuant to approved relative placement rules
18		previously promulgated by the Department at 89 Ill. Adm. Code
19		335 and had submitted an application for licensure as a foster
20		family home may continue to receive foster care payments only
21		until the Department determines that they may be licensed as a
22		foster family home or that their application for licensure is
23		denied or until September 30, 1995, whichever occurs first.
24		(v) The Department shall access criminal history record
25		information as defined in the Illinois Uniform Conviction
26		Information Act and information maintained in the adjudicatory

SB3733 Engrossed - 106 - LRB096 19592 AMC 34984 b
1		and dispositional record system as defined in Section 2605-355
2		of the Department of State Police Law (20 ILCS 2605/2605-355)
3		if the Department determines the information is necessary to
4		perform its duties under the Abused and Neglected Child
5		Reporting Act, the Child Care Act of 1969, and the Children and
6		Family Services Act. The Department shall provide for
7		interactive computerized communication and processing
8		equipment that permits direct on-line communication with the
9		Department of State Police's central criminal history data
10		repository. The Department shall comply with all certification
11		requirements and provide certified operators who have been
12		trained by personnel from the Department of State Police. In
13		addition, one Office of the Inspector General investigator
14		shall have training in the use of the criminal history
15		information access system and have access to the terminal. The
16		Department of Children and Family Services and its employees
17		shall abide by rules and regulations established by the
18		Department of State Police relating to the access and
19		dissemination of this information.
20		(v-1) Prior to final approval for placement of a child, the
21		Department shall conduct a criminal records background check of
22		the prospective foster or adoptive parent, including
23		fingerprint-based checks of national crime information
24		databases. Final approval for placement shall not be granted if
25		the record check reveals a felony conviction for child abuse or
26		neglect, for spousal abuse, for a crime against children, or

SB3733 Engrossed - 107 - LRB096 19592 AMC 34984 b
1		for a crime involving violence, including rape, sexual assault,
2		or homicide, but not including other physical assault or
3		battery, or if there is a felony conviction for physical
4		assault, battery, or a drug-related offense committed within
5		the past 5 years.
6		(v-2) Prior to final approval for placement of a child, the
7		Department shall check its child abuse and neglect registry for
8		information concerning prospective foster and adoptive
9		parents, and any adult living in the home. If any prospective
10		foster or adoptive parent or other adult living in the home has
11		resided in another state in the preceding 5 years, the
12		Department shall request a check of that other state's child
13		abuse and neglect registry.
14		(w) Within 120 days of August 20, 1995 (the effective date
15		of Public Act 89-392), the Department shall prepare and submit
16		to the Governor and the General Assembly, a written plan for
17		the development of in-state licensed secure child care
18		facilities that care for children who are in need of secure
19		living arrangements for their health, safety, and well-being.
20		For purposes of this subsection, secure care facility shall
21		mean a facility that is designed and operated to ensure that
22		all entrances and exits from the facility, a building or a
23		distinct part of the building, are under the exclusive control
24		of the staff of the facility, whether or not the child has the
25		freedom of movement within the perimeter of the facility,
26		building, or distinct part of the building. The plan shall

SB3733 Engrossed - 108 - LRB096 19592 AMC 34984 b
1		include descriptions of the types of facilities that are needed
2		in Illinois; the cost of developing these secure care
3		facilities; the estimated number of placements; the potential
4		cost savings resulting from the movement of children currently
5		out-of-state who are projected to be returned to Illinois; the
6		necessary geographic distribution of these facilities in
7		Illinois; and a proposed timetable for development of such
8		facilities.
9		(x) The Department shall conduct annual credit history
10		checks to determine the financial history of children placed
11		under its guardianship pursuant to the Juvenile Court Act of
12		1987. The Department shall conduct such credit checks starting
13		when a ward turns 12 years old and each year thereafter for the
14		duration of the guardianship as terminated pursuant to the
15		Juvenile Court Act of 1987. The Department shall determine if
16		financial exploitation of the child's personal information has
17		occurred. If financial exploitation appears to have taken place
18		or is presently ongoing, the Department shall notify the proper
19		law enforcement agency, the proper State's Attorney, or the
20		Attorney General.
21		(Source: P.A. 95-10, eff. 6-30-07; 95-601, eff. 9-11-07;
22		95-642, eff. 6-1-08; 95-876, eff. 8-21-08; 96-134, eff. 8-7-09;
23		96-581, eff. 1-1-10; 96-600, eff. 8-21-09; 96-619, eff. 1-1-10;
24		96-760, eff. 1-1-10; revised 9-15-09.)
25		(20 ILCS 505/34.11)

SB3733 Engrossed - 109 - LRB096 19592 AMC 34984 b
1		Sec. 34.11. Lou Jones Grandparent Child Care Program.
2		(a) The General Assembly finds and declares the following:
3		(1) An increasing number of children under the age of
4		18, including many children who would otherwise be at risk
5		of abuse or neglect, are in the care of a grandparent or
6		other nonparent relative.
7		(2) The principal causes of this increase include
8		parental substance abuse, chronic illness, child abuse,
9		mental illness, military deployment, poverty,
10		homelessness, deportation, and death, as well as concerted
11		efforts by families and by the child welfare service system
12		to keep children with relatives whenever possible.
13		(3) Grandparents and older relatives providing primary
14		care for at-risk children may experience unique resultant
15		problems, such as financial stress due to limited incomes,
16		emotional difficulties dealing with the loss of the child's
17		parents or the child's unique behaviors, and decreased
18		physical stamina coupled with a much higher incidence of
19		chronic illness.
20		(4) Many children being raised by nonparent relatives
21		experience one or a combination of emotional, behavioral,
22		psychological, academic, or medical problems, especially
23		those born to a substance-abusing mother or at risk of
24		child abuse, neglect, or abandonment.
25		(5) Grandparents and other relatives providing primary
26		care for children lack appropriate information about the

SB3733 Engrossed - 110 - LRB096 19592 AMC 34984 b
1		issues of kinship care, the special needs (both physical
2		and psychological) of children born to a substance-abusing
3		mother or at risk of child abuse, neglect, or abandonment,
4		and the support resources currently available to them.
5		(6) An increasing number of grandparents and other
6		relatives age 60 or older are adopting or becoming the
7		subsidized guardians of children placed in their care by
8		the Department. Some of these children will experience the
9		death of their adoptive parent or guardian before reaching
10		the age of 18. For most of these children, no legal plan
11		has been made for the child's future care and custody in
12		the event of the caregiver's death or incapacity.
13		(7) Grandparents and other relatives providing primary
14		care for children lack appropriate information about
15		future care and custody planning for children in their
16		care. They also lack access to resources that may assist
17		them in developing future legal care and custody plans for
18		children in their legal custody.
19		(b) The Department may establish an informational and
20		educational program for grandparents and other relatives who
21		provide primary care for children who are at risk of child
22		abuse, neglect, or abandonment or who were born to
23		substance-abusing mothers. As a part of the program, the
24		Department may develop, publish, and distribute an
25		informational brochure for grandparents and other relatives
26		who provide primary care for children who are at risk of child

SB3733 Engrossed - 111 - LRB096 19592 AMC 34984 b
1		abuse, neglect, or abandonment or who were born to
2		substance-abusing mothers. The information provided under the
3		program authorized by this Section may include, but is not
4		limited to the following:
5		(1) The most prevalent causes of kinship care,
6		especially the risk of (i) substance exposure, (ii) child
7		abuse, neglect, or abandonment, (iii) chronic illness,
8		(iv) mental illness, (v) military deployment, or (vi)
9		death.
10		(2) The problems experienced by children being raised
11		by nonparent caregivers.
12		(3) The problems experienced by grandparents and other
13		nonparent relatives providing primary care for children
14		who have special needs.
15		(4) The legal system as it relates to children and
16		their nonparent primary caregivers.
17		(5) The benefits available to children and their
18		nonparent primary caregivers.
19		(6) A list of support groups and resources located
20		throughout the State.
21		The brochure may be distributed through hospitals, public
22		health nurses, child protective services, medical professional
23		offices, elementary and secondary schools, senior citizen
24		centers, public libraries, community action agencies selected
25		by the Department, and the Department of Human Services.
26		The Kinship Navigator established under the Kinship

SB3733 Engrossed - 112 - LRB096 19592 AMC 34984 b
1		Navigator Act shall coordinate the grandparent child care
2		program under this Section with the programs and services
3		established and administered by the Department of Human
4		Services under the Kinship Navigator Act.
5		(c) In addition to other provisions of this Section, the
6		Department shall establish a program of information, social
7		work services, and legal services for any person age 60 or over
8		and any other person who may be in need of a future legal care
9		and custody plan who adopt, have adopted, take guardianship of,
10		or have taken guardianship of children previously in the
11		Department's custody. This program shall also assist families
12		of deceased adoptive parents and guardians. As part of the
13		program, the Department shall:
14		(1) Develop a protocol for identification of persons
15		age 60 or over and others who may be in need of future care
16		and custody plans, including ill caregivers, who are
17		adoptive parents, prospective adoptive parents, guardians,
18		or prospective guardians of children who are or have been
19		in Department custody.
20		(2) Provide outreach to caregivers before and after
21		adoption and guardianship, and to the families of deceased
22		caregivers, regarding Illinois legal options for future
23		care and custody of children.
24		(3) Provide training for Department and private agency
25		staff on methods of assisting caregivers before and after
26		adoption and guardianship, and the families of older and

SB3733 Engrossed - 113 - LRB096 19592 AMC 34984 b
1		ill caregivers, who wish to make future care and custody
2		plans for children who have been wards of the Department
3		and who are or will be adopted by or are or will become
4		wards of those caregivers.
5		(4) Ensure that all caregivers age 60 or over who will
6		adopt or will become guardians of children previously in
7		Department custody have specifically designated future
8		caregivers for children in their care. The Department shall
9		document this designation, and the Department shall also
10		document acceptance of this responsibility by any future
11		caregiver. Documentation of future care designation shall
12		be included in each child's case file and adoption or
13		guardianship subsidy files as applicable to the child.
14		(5) Ensure that any designated future caregiver and the
15		family of a deceased caregiver have information on the
16		financial needs of the child and future resources that may
17		be available to support the child, including any adoption
18		assistance and subsidized guardianship for which the child
19		is or may be eligible.
20		(6) With respect to programs of social work and legal
21		services:
22		(i) Provide contracted social work services to
23		older and ill caregivers, and the families of deceased
24		caregivers, including those who will or have adopted or
25		will take or have taken guardianship of children
26		previously in Department custody. Social work services

SB3733 Engrossed - 114 - LRB096 19592 AMC 34984 b
1		to caregivers will have the goal of securing a future
2		care and custody plan for children in their care. Such
3		services will include providing information to the
4		caregivers and families on standby guardianship,
5		guardianship, standby adoption, and adoption. The
6		Department will assist the caregiver in developing a
7		plan for the child if the caregiver becomes
8		incapacitated or terminally ill, or dies while the
9		child is a minor. The Department shall develop a form
10		to document the information given to caregivers and to
11		document plans for future custody, in addition to the
12		documentation described in subsection (b) (4). This
13		form shall be included in each child's case file and
14		adoption or guardianship subsidy files as applicable
15		to the child.
16		(ii) Through a program of contracted legal
17		services, assist older and ill caregivers, and the
18		families of deceased caregivers, with the goal of
19		securing court-ordered future care and custody plans
20		for children in their care. Court-ordered future care
21		and custody plans may include: standby guardianship,
22		successor guardianship, standby adoption, and
23		successor adoption. The program will also study ways in
24		which to provide timely and cost-effective legal
25		services to older and ill caregivers, and to families
26		of deceased caregivers in order to ensure permanency

SB3733 Engrossed - 115 - LRB096 19592 AMC 34984 b
1		for children in their care.
2		(7) Ensure that future caregivers designated by
3		adoptive parents or guardians, and the families of deceased
4		caregivers, understand their rights and potential
5		responsibilities and shall be able to provide adequate
6		support and education for children who may become their
7		legal responsibility.
8		(8) Ensure that future caregivers designated by
9		adoptive parents and guardians, and the families of
10		deceased caregivers, understand the problems of children
11		who have experienced multiple caregivers and who may have
12		experienced abuse, neglect, or abandonment or may have been
13		born to substance-abusing mothers.
14		(9) Ensure that future caregivers designated by
15		adoptive parents and guardians, and the families of
16		deceased caregivers, understand the problems experienced
17		by older and ill caregivers of children, including children
18		with special needs, such as financial stress due to limited
19		income and increased financial responsibility, emotional
20		difficulties associated with the loss of a child's parent
21		or the child's unique behaviors, the special needs of a
22		child who may come into their custody or whose parent or
23		guardian is already deceased, and decreased physical
24		stamina and a higher rate of chronic illness and other
25		health concerns.
26		(10) Provide additional services as needed to families

SB3733 Engrossed - 116 - LRB096 19592 AMC 34984 b
1		in which a designated caregiver appointed by the court or a
2		caregiver designated in a will or other legal document
3		cannot or will not fulfill the responsibilities as adoptive
4		parent, guardian, or legal custodian of the child.
5		(d) The Department shall consult with the Department on
6		Aging and any other agency it deems appropriate as the
7		Department develops the program required by subsection (c).
8		(e) Rulemaking authority to implement Public Act 95-1040
9		this amendatory Act of the 95th General Assembly, if any, is
10		conditioned on the rules being adopted in accordance with all
11		provisions of the Illinois Administrative Procedure Act and all
12		rules and procedures of the Joint Committee on Administrative
13		Rules; any purported rule not so adopted, for whatever reason,
14		is unauthorized.
15		(Source: P.A. 95-1040, eff. 3-25-09; 96-276, eff. 8-11-09;
16		revised 9-4-09.)
17		Section 65. The Child Death Review Team Act is amended by
18		changing Section 45 as follows:
19		(20 ILCS 515/45)
20		Sec. 45. Child Death Investigation Task Force; pilot
21		program. The Child Death Review Teams Executive Council may,
22		from funds appropriated by the Illinois General Assembly to the
23		Department and provided to the Child Death Review Teams
24		Executive Council for this purpose, or from funds that may

SB3733 Engrossed - 117 - LRB096 19592 AMC 34984 b
1		otherwise be provided for this purpose from other public or
2		private sources, establish a 3-year pilot program in the
3		Southern Region of the State, as designated by the Department,
4		under which a special Child Death Investigation Task Force will
5		be created by the Child Death Review Teams Executive Council to
6		develop and implement a plan for the investigation of sudden,
7		unexpected, or unexplained deaths of children under 18 years of
8		age occurring within that region. The plan shall include a
9		protocol to be followed by child death review teams in the
10		review of child deaths authorized under paragraph (a)(5) of
11		Section 20 of this Act. The plan must include provisions for
12		local or State law enforcement agencies, hospitals, or coroners
13		to promptly notify the Task Force of a death or serious
14		life-threatening injury to a child, and for the Child Death
15		Investigation Task Force to review the death and submit a
16		report containing findings and recommendations to the Child
17		Death Review Teams Executive Council, the Director, the
18		Department of Children and Family Services Inspector General,
19		the appropriate State's Attorney, and the State Representative
20		and State Senator in whose legislative districts the case
21		arose. The plan may include coordination with any investigation
22		conducted under the Children's Advocacy Center Act. By January
23		1, 2010, the Child Death Review Teams Executive Council shall
24		submit a report to the Director, the General Assembly, and the
25		Governor summarizing the results of the pilot program together
26		with any recommendations for statewide implementation of a

SB3733 Engrossed - 118 - LRB096 19592 AMC 34984 b
1		protocol for the investigation of investigating all sudden,
2		unexpected, or unexplained child deaths.
3		(Source: P.A. 95-527, eff. 6-1-08; revised 10-30-09.)
4		Section 70. The Department of Human Services Act is amended
5		by changing Section 1-17 as follows:
6		(20 ILCS 1305/1-17)
7		(Text of Section before amendment by P.A. 96-339)
8		Sec. 1-17. Inspector General.
9		(a) Nature and purpose. It is the express intent of the
10		General Assembly to ensure the health, safety, and financial
11		condition of individuals receiving services in this State due
12		to mental illness, developmental disability, or both by
13		protecting those persons from acts of abuse, neglect, or both
14		by service providers. To that end, the Office of the Inspector
15		General for the Department of Human Services is created to
16		investigate and report upon allegations of the abuse, neglect,
17		or financial exploitation of individuals receiving services
18		within mental health facilities, developmental disabilities
19		facilities, and community agencies operated, licensed, funded
20		or certified by the Department of Human Services, but not
21		licensed or certified by any other State agency. It is also the
22		express intent of the General Assembly to authorize the
23		Inspector General to investigate alleged or suspected cases of
24		abuse, neglect, or financial exploitation of adults with

SB3733 Engrossed - 119 - LRB096 19592 AMC 34984 b
1		disabilities living in domestic settings in the community under
2		the Abuse of Adults with Disabilities Intervention Act.
3		(b) Definitions. The following definitions apply to this
4		Section:
5		"Agency" or "community agency" means (i) a community agency
6		licensed, funded, or certified by the Department, but not
7		licensed or certified by any other human services agency of the
8		State, to provide mental health service or developmental
9		disabilities service, or (ii) a program licensed, funded, or
10		certified by the Department, but not licensed or certified by
11		any other human services agency of the State, to provide mental
12		health service or developmental disabilities service.
13		"Aggravating circumstance" means a factor that is
14		attendant to a finding and that tends to compound or increase
15		the culpability of the accused.
16		"Allegation" means an assertion, complaint, suspicion, or
17		incident involving any of the following conduct by an employee,
18		facility, or agency against an individual or individuals:
19		mental abuse, physical abuse, sexual abuse, neglect, or
20		financial exploitation.
21		"Day" means working day, unless otherwise specified.
22		"Deflection" means a situation in which an individual is
23		presented for admission to a facility or agency, and the
24		facility staff or agency staff do not admit the individual.
25		"Deflection" includes triage, redirection, and denial of
26		admission.

SB3733 Engrossed - 120 - LRB096 19592 AMC 34984 b
1		"Department" means the Department of Human Services.
2		"Developmentally disabled" means having a developmental
3		disability.
4		"Developmental disability" means "developmental
5		disability" as defined in the Mental Health and Developmental
6		Disabilities Code.
7		"Egregious neglect" means a finding of neglect as
8		determined by the Inspector General that (i) represents a gross
9		failure to adequately provide for, or a callused indifference
10		to, the health, safety, or medical needs of an individual and
11		(ii) results in an individual's death or other serious
12		deterioration of an individual's physical condition or mental
13		condition.
14		"Employee" means any person who provides services at the
15		facility or agency on-site or off-site. The service
16		relationship can be with the individual or with the facility or
17		agency. Also, "employee" includes any employee or contractual
18		agent of the Department of Human Services or the community
19		agency involved in providing or monitoring or administering
20		mental health or developmental disability services. This
21		includes but is not limited to: owners, operators, payroll
22		personnel, contractors, subcontractors, and volunteers.
23		"Facility" or "State-operated facility" means a mental
24		health facility or developmental disabilities facility
25		operated by the Department.
26		"Financial exploitation" means taking unjust advantage of

SB3733 Engrossed - 121 - LRB096 19592 AMC 34984 b
1		an individual's assets, property, or financial resources
2		through deception, intimidation, or conversion for the
3		employee's, facility's, or agency's own advantage or benefit.
4		"Finding" means the Office of Inspector General's
5		determination regarding whether an allegation is
6		substantiated, unsubstantiated, or unfounded.
7		"Health care worker registry" or "registry" means the
8		health care worker registry created by the Nursing Home Care
9		Act.
10		"Individual" means any person receiving mental health
11		service, developmental disabilities service, or both from a
12		facility or agency, while either on-site or off-site.
13		"Mental abuse" means the use of demeaning, intimidating, or
14		threatening words, signs, gestures, or other actions by an
15		employee about an individual and in the presence of an
16		individual or individuals that results in emotional distress or
17		maladaptive behavior, or could have resulted in emotional
18		distress or maladaptive behavior, for any individual present.
19		"Mental illness" means "mental illness" as defined in the
20		Mental Health and Developmental Disabilities Code.
21		"Mentally ill" means having a mental illness.
22		"Mitigating circumstance" means a condition that (i) is
23		attendant to a finding, (ii) does not excuse or justify the
24		conduct in question, but (iii) may be considered in evaluating
25		the severity of the conduct, the culpability of the accused, or
26		both the severity of the conduct and the culpability of the

SB3733 Engrossed - 122 - LRB096 19592 AMC 34984 b
1		accused.
2		"Neglect" means an employee's, agency's, or facility's
3		failure to provide adequate medical care, personal care, or
4		maintenance and that, as a consequence, (i) causes an
5		individual pain, injury, or emotional distress, (ii) results in
6		either an individual's maladaptive behavior or the
7		deterioration of an individual's physical condition or mental
8		condition, or (iii) places the individual's health or safety at
9		substantial risk.
10		"Physical abuse" means an employee's non-accidental and
11		inappropriate contact with an individual that causes bodily
12		harm. "Physical abuse" includes actions that cause bodily harm
13		as a result of an employee directing an individual or person to
14		physically abuse another individual.
15		"Recommendation" means an admonition, separate from a
16		finding, that requires action by the facility, agency, or
17		Department to correct a systemic issue, problem, or deficiency
18		identified during an investigation.
19		"Required reporter" means any employee who suspects,
20		witnesses, or is informed of an allegation of any one or more
21		of the following: mental abuse, physical abuse, sexual abuse,
22		neglect, or financial exploitation.
23		"Secretary" means the Chief Administrative Officer of the
24		Department.
25		"Sexual abuse" means any sexual contact or intimate
26		physical contact between an employee and an individual,

SB3733 Engrossed - 123 - LRB096 19592 AMC 34984 b
1		including an employee's coercion or encouragement of an
2		individual to engage in sexual behavior that results in sexual
3		contact, intimate physical contact, sexual behavior, or
4		intimate physical behavior.
5		"Substantiated" means there is a preponderance of the
6		evidence to support the allegation.
7		"Unfounded" means there is no credible evidence to support
8		the allegation.
9		"Unsubstantiated" means there is credible evidence, but
10		less than a preponderance of evidence to support the
11		allegation.
12		(c) Appointment. The Governor shall appoint, and the Senate
13		shall confirm, an Inspector General. The Inspector General
14		shall be appointed for a term of 4 years and shall function
15		within the Department of Human Services and report to the
16		Secretary and the Governor.
17		(d) Operation and appropriation. The Inspector General
18		shall function independently within the Department with
19		respect to the operations of the Office, including the
20		performance of investigations and issuance of findings and
21		recommendations. The appropriation for the Office of Inspector
22		General shall be separate from the overall appropriation for
23		the Department.
24		(e) Powers and duties. The Inspector General shall
25		investigate reports of suspected mental abuse, physical abuse,
26		sexual abuse, neglect, or financial exploitation of

SB3733 Engrossed - 124 - LRB096 19592 AMC 34984 b
1		individuals in any mental health or developmental disabilities
2		facility or agency and shall have authority to take immediate
3		action to prevent any one or more of the following from
4		happening to individuals under its jurisdiction: mental abuse,
5		physical abuse, sexual abuse, neglect, or financial
6		exploitation. Upon written request of an agency of this State,
7		the Inspector General may assist another agency of the State in
8		investigating reports of the abuse, neglect, or abuse and
9		neglect of persons with mental illness, persons with
10		developmental disabilities, or persons with both. To comply
11		with the requirements of subsection (k) of this Section, the
12		Inspector General shall also review all reportable deaths for
13		which there is no allegation of abuse or neglect. Nothing in
14		this Section shall preempt any duties of the Medical Review
15		Board set forth in the Mental Health and Developmental
16		Disabilities Code. The Inspector General shall have no
17		authority to investigate alleged violations of the State
18		Officials and Employees Ethics Act. Allegations of misconduct
19		under the State Officials and Employees Ethics Act shall be
20		referred to the Office of the Governor's Executive Inspector
21		General for investigation.
22		(f) Limitations. The Inspector General shall not conduct an
23		investigation within an agency or facility if that
24		investigation would be redundant to or interfere with an
25		investigation conducted by another State agency. The Inspector
26		General shall have no supervision over, or involvement in, the

SB3733 Engrossed - 125 - LRB096 19592 AMC 34984 b
1		routine programmatic, licensing, funding, or certification
2		operations of the Department. Nothing in this subsection limits
3		investigations by the Department that may otherwise be required
4		by law or that may be necessary in the Department's capacity as
5		central administrative authority responsible for the operation
6		of the State's mental health and developmental disabilities
7		facilities.
8		(g) Rulemaking authority. The Inspector General shall
9		promulgate rules establishing minimum requirements for
10		reporting allegations as well as for initiating, conducting,
11		and completing investigations based upon the nature of the
12		allegation or allegations. The rules shall clearly establish
13		that if 2 or more State agencies could investigate an
14		allegation, the Inspector General shall not conduct an
15		investigation that would be redundant to, or interfere with, an
16		investigation conducted by another State agency. The rules
17		shall further clarify the method and circumstances under which
18		the Office of Inspector General may interact with the
19		licensing, funding, or certification units of the Department in
20		preventing further occurrences of mental abuse, physical
21		abuse, sexual abuse, neglect, egregious neglect, and financial
22		exploitation.
23		(h) Training programs. The Inspector General shall (i)
24		establish a comprehensive program to ensure that every person
25		authorized to conduct investigations receives ongoing training
26		relative to investigation techniques, communication skills,

SB3733 Engrossed - 126 - LRB096 19592 AMC 34984 b
1		and the appropriate means of interacting with persons receiving
2		treatment for mental illness, developmental disability, or
3		both mental illness and developmental disability, and (ii)
4		establish and conduct periodic training programs for facility
5		and agency employees concerning the prevention and reporting of
6		any one or more of the following: mental abuse, physical abuse,
7		sexual abuse, neglect, egregious neglect, or financial
8		exploitation. Nothing in this Section shall be deemed to
9		prevent the Office of Inspector General from conducting any
10		other training as determined by the Inspector General to be
11		necessary or helpful.
12		(i) Duty to cooperate.
13		(1) The Inspector General shall at all times be granted
14		access to any facility or agency for the purpose of
15		investigating any allegation, conducting unannounced site
16		visits, monitoring compliance with a written response, or
17		completing any other statutorily assigned duty. The
18		Inspector General shall conduct unannounced site visits to
19		each facility at least annually for the purpose of
20		reviewing and making recommendations on systemic issues
21		relative to preventing, reporting, investigating, and
22		responding to all of the following: mental abuse, physical
23		abuse, sexual abuse, neglect, egregious neglect, or
24		financial exploitation.
25		(2) Any employee who fails to cooperate with an Office
26		of the Inspector General investigation is in violation of

SB3733 Engrossed - 127 - LRB096 19592 AMC 34984 b
1		this Act. Failure to cooperate with an investigation
2		includes, but is not limited to, any one or more of the
3		following: (i) creating and transmitting a false report to
4		the Office of the Inspector General hotline, (ii) providing
5		false information to an Office of the Inspector General
6		Investigator during an investigation, (iii) colluding with
7		other employees to cover up evidence, (iv) colluding with
8		other employees to provide false information to an Office
9		of the Inspector General investigator, (v) destroying
10		evidence, (vi) withholding evidence, or (vii) otherwise
11		obstructing an Office of the Inspector General
12		investigation. Additionally, any employee who, during an
13		unannounced site visit or written response compliance
14		check, fails to cooperate with requests from the Office of
15		the Inspector General is in violation of this Act.
16		(j) Subpoena powers. The Inspector General shall have the
17		power to subpoena witnesses and compel the production of all
18		documents and physical evidence relating to his or her
19		investigations and any hearings authorized by this Act. This
20		subpoena power shall not extend to persons or documents of a
21		labor organization or its representatives insofar as the
22		persons are acting in a representative capacity to an employee
23		whose conduct is the subject of an investigation or the
24		documents relate to that representation. Any person who
25		otherwise fails to respond to a subpoena or who knowingly
26		provides false information to the Office of the Inspector

SB3733 Engrossed - 128 - LRB096 19592 AMC 34984 b
1		General by subpoena during an investigation is guilty of a
2		Class A misdemeanor.
3		(k) Reporting allegations and deaths.
4		(1) Allegations. If an employee witnesses, is told of,
5		or has reason to believe an incident of mental abuse,
6		physical abuse, sexual abuse, neglect, or financial
7		exploitation has occurred, the employee, agency, or
8		facility shall report the allegation by phone to the Office
9		of the Inspector General hotline according to the agency's
10		or facility's procedures, but in no event later than 4
11		hours after the initial discovery of the incident,
12		allegation, or suspicion of any one or more of the
13		following: mental abuse, physical abuse, sexual abuse,
14		neglect, or financial exploitation. A required reporter as
15		defined in subsection (b) of this Section who knowingly or
16		intentionally fails to comply with these reporting
17		requirements is guilty of a Class A misdemeanor.
18		(2) Deaths. Absent an allegation, a required reporter
19		shall, within 24 hours after initial discovery, report by
20		phone to the Office of the Inspector General hotline each
21		of the following:
22		(i) Any death of an individual occurring within 14
23		calendar days after discharge or transfer of the
24		individual from a residential program or facility.
25		(ii) Any death of an individual occurring within 24
26		hours after deflection from a residential program or

SB3733 Engrossed - 129 - LRB096 19592 AMC 34984 b
1		facility.
2		(iii) Any other death of an individual occurring at
3		an agency or facility or at any Department-funded site.
4		(3) Retaliation. It is a violation of this Act for any
5		employee or administrator of an agency or facility to take
6		retaliatory action against an employee who acts in good
7		faith in conformance with his or her duties as a required
8		reporter.
9		(l) Reporting criminal acts. Within 24 hours after
10		determining that there is credible evidence indicating that a
11		criminal act may have been committed or that special expertise
12		may be required in an investigation, the Inspector General
13		shall notify the Department of State Police or other
14		appropriate law enforcement authority, or ensure that such
15		notification is made. The Department of State Police shall
16		investigate any report from a State-operated facility
17		indicating a possible murder, sexual assault, or other felony
18		by an employee. All investigations conducted by the Inspector
19		General shall be conducted in a manner designed to ensure the
20		preservation of evidence for possible use in a criminal
21		prosecution.
22		(m) Investigative reports. Upon completion of an
23		investigation, the Office of Inspector General shall issue an
24		investigative report identifying whether the allegations are
25		substantiated, unsubstantiated, or unfounded. Within 10
26		business days after the transmittal of a completed

SB3733 Engrossed - 130 - LRB096 19592 AMC 34984 b
1		investigative report substantiating an allegation, or if a
2		recommendation is made, the Inspector General shall provide the
3		investigative report on the case to the Secretary and to the
4		director of the facility or agency where any one or more of the
5		following occurred: mental abuse, physical abuse, sexual
6		abuse, neglect, egregious neglect, or financial exploitation.
7		In a substantiated case, the investigative report shall include
8		any mitigating or aggravating circumstances that were
9		identified during the investigation. If the case involves
10		substantiated neglect, the investigative report shall also
11		state whether egregious neglect was found. An investigative
12		report may also set forth recommendations. All investigative
13		reports prepared by the Office of the Inspector General shall
14		be considered confidential and shall not be released except as
15		provided by the law of this State or as required under
16		applicable federal law. Unsubstantiated and unfounded reports
17		shall not be disclosed except as allowed under Section 6 of the
18		Abused and Neglected Long Term Care Facility Residents
19		Reporting Act. Raw data used to compile the investigative
20		report shall not be subject to release unless required by law
21		or a court order. "Raw data used to compile the investigative
22		report" includes, but is not limited to, any one or more of the
23		following: the initial complaint, witness statements,
24		photographs, investigator's notes, police reports, or incident
25		reports. If the allegations are substantiated, the accused
26		shall be provided with a redacted copy of the investigative

SB3733 Engrossed - 131 - LRB096 19592 AMC 34984 b
1		report. Death reports where there was no allegation of abuse or
2		neglect shall only be released pursuant to applicable State or
3		federal law or a valid court order.
4		(n) Written responses and reconsideration requests.
5		(1) Written responses. Within 30 calendar days from
6		receipt of a substantiated investigative report or an
7		investigative report which contains recommendations,
8		absent a reconsideration request, the facility or agency
9		shall file a written response that addresses, in a concise
10		and reasoned manner, the actions taken to: (i) protect the
11		individual; (ii) prevent recurrences; and (iii) eliminate
12		the problems identified. The response shall include the
13		implementation and completion dates of such actions. If the
14		written response is not filed within the allotted 30
15		calendar day period, the Secretary shall determine the
16		appropriate corrective action to be taken.
17		(2) Reconsideration requests. The facility, agency,
18		victim or guardian, or the subject employee may request
19		that the Office of Inspector General reconsider or clarify
20		its finding based upon additional information.
21		(o) Disclosure of the finding by the Inspector General. The
22		Inspector General shall disclose the finding of an
23		investigation to the following persons: (i) the Governor, (ii)
24		the Secretary, (iii) the director of the facility or agency,
25		(iv) the alleged victims and their guardians, (v) the
26		complainant, and (vi) the accused. This information shall

SB3733 Engrossed - 132 - LRB096 19592 AMC 34984 b
1		include whether the allegations were deemed substantiated,
2		unsubstantiated, or unfounded.
3		(p) Secretary review. Upon review of the Inspector
4		General's investigative report and any agency's or facility's
5		written response, the Secretary shall accept or reject the
6		written response and notify the Inspector General of that
7		determination. The Secretary may further direct that other
8		administrative action be taken, including, but not limited to,
9		any one or more of the following: (i) additional site visits,
10		(ii) training, (iii) provision of technical assistance
11		relative to administrative needs, licensure or certification,
12		or (iv) the imposition of appropriate sanctions.
13		(q) Action by facility or agency. Within 30 days of the
14		date the Secretary approves the written response or directs
15		that further administrative action be taken, the facility or
16		agency shall provide an implementation report to the Inspector
17		General that provides the status of the action taken. The
18		facility or agency shall be allowed an additional 30 days to
19		send notice of completion of the action or to send an updated
20		implementation report. If the action has not been completed
21		within the additional 30 day period, the facility or agency
22		shall send updated implementation reports every 60 days until
23		completion. The Inspector General shall conduct a review of any
24		implementation plan that takes more than 120 days after
25		approval to complete, and shall monitor compliance through a
26		random review of approved written responses, which may include,

SB3733 Engrossed - 133 - LRB096 19592 AMC 34984 b
1		but are not limited to: (i) site visits, (ii) telephone
2		contact, and (iii) requests for additional documentation
3		evidencing compliance.
4		(r) Sanctions. Sanctions, if imposed by the Secretary under
5		Subdivision (p)(iv) of this Section, shall be designed to
6		prevent further acts of mental abuse, physical abuse, sexual
7		abuse, neglect, egregious neglect, or financial exploitation
8		or some combination of one or more of those acts at a facility
9		or agency, and may include any one or more of the following:
10		(1) Appointment of on-site monitors.
11		(2) Transfer or relocation of an individual or
12		individuals.
13		(3) Closure of units.
14		(4) Termination of any one or more of the following:
15		(i) Department licensing, (ii) funding, or (iii)
16		certification.
17		The Inspector General may seek the assistance of the
18		Illinois Attorney General or the office of any State's Attorney
19		in implementing sanctions.
20		(s) Health care worker registry.
21		(1) Reporting to the registry. The Inspector General
22		shall report to the Department of Public Health's health
23		care worker registry, a public registry, the identity and
24		finding of each employee of a facility or agency against
25		whom there is a final investigative report containing a
26		substantiated allegation of physical or sexual abuse or

SB3733 Engrossed - 134 - LRB096 19592 AMC 34984 b
1		egregious neglect of an individual.
2		(2) Notice to employee. Prior to reporting the name of
3		an employee, the employee shall be notified of the
4		Department's obligation to report and shall be granted an
5		opportunity to request an administrative hearing, the sole
6		purpose of which is to determine if the substantiated
7		finding warrants reporting to the registry. Notice to the
8		employee shall contain a clear and concise statement of the
9		grounds on which the report to the registry is based, offer
10		the employee an opportunity for a hearing, and identify the
11		process for requesting such a hearing. Notice is sufficient
12		if provided by certified mail to the employee's last known
13		address. If the employee fails to request a hearing within
14		30 days from the date of the notice, the Inspector General
15		shall report the name of the employee to the registry.
16		Nothing in this subdivision (s)(2) shall diminish or impair
17		the rights of a person who is a member of a collective
18		bargaining unit under the Illinois Public Labor Relations
19		Act or under any other federal labor statute.
20		(3) Registry hearings. If the employee requests an
21		administrative hearing, the employee shall be granted an
22		opportunity to appear before an administrative law judge to
23		present reasons why the employee's name should not be
24		reported to the registry. The Department shall bear the
25		burden of presenting evidence that establishes, by a
26		preponderance of the evidence, that the substantiated

SB3733 Engrossed - 135 - LRB096 19592 AMC 34984 b
1		finding warrants reporting to the registry. After
2		considering all the evidence presented, the administrative
3		law judge shall make a recommendation to the Secretary as
4		to whether the substantiated finding warrants reporting
5		the name of the employee to the registry. The Secretary
6		shall render the final decision. The Department and the
7		employee shall have the right to request that the
8		administrative law judge consider a stipulated disposition
9		of these proceedings.
10		(4) Testimony at registry hearings. A person who makes
11		a report or who investigates a report under this Act shall
12		testify fully in any judicial proceeding resulting from
13		such a report, as to any evidence of abuse or neglect, or
14		the cause thereof. No evidence shall be excluded by reason
15		of any common law or statutory privilege relating to
16		communications between the alleged perpetrator of abuse or
17		neglect, or the individual alleged as the victim in the
18		report, and the person making or investigating the report.
19		Testimony at hearings is exempt from the confidentiality
20		requirements of subsection (f) of Section 10 of the Mental
21		Health and Developmental Disabilities Confidentiality Act.
22		(5) Employee's rights to collateral action. No
23		reporting to the registry shall occur and no hearing shall
24		be set or proceed if an employee notifies the Inspector
25		General in writing, including any supporting
26		documentation, that he or she is formally contesting an

SB3733 Engrossed - 136 - LRB096 19592 AMC 34984 b
1		adverse employment action resulting from a substantiated
2		finding by complaint filed with the Illinois Civil Service
3		Commission, or which otherwise seeks to enforce the
4		employee's rights pursuant to any applicable collective
5		bargaining agreement. If an action taken by an employer
6		against an employee as a result of a finding of physical
7		abuse, sexual abuse, or egregious neglect is overturned
8		through an action filed with the Illinois Civil Service
9		Commission or under any applicable collective bargaining
10		agreement and if that employee's name has already been sent
11		to the registry, the employee's name shall be removed from
12		the registry.
13		(6) Removal from registry. At any time after the report
14		to the registry, but no more than once in any 12-month
15		period, an employee may petition the Department in writing
16		to remove his or her name from the registry. Upon receiving
17		notice of such request, the Inspector General shall conduct
18		an investigation into the petition. Upon receipt of such
19		request, an administrative hearing will be set by the
20		Department. At the hearing, the employee shall bear the
21		burden of presenting evidence that establishes, by a
22		preponderance of the evidence, that removal of the name
23		from the registry is in the public interest. The parties
24		may jointly request that the administrative law judge
25		consider a stipulated disposition of these proceedings.
26		(t) Review of Administrative Decisions. The Department

SB3733 Engrossed - 137 - LRB096 19592 AMC 34984 b
1		shall preserve a record of all proceedings at any formal
2		hearing conducted by the Department involving health care
3		worker registry hearings. Final administrative decisions of
4		the Department are subject to judicial review pursuant to
5		provisions of the Administrative Review Law.
6		(u) Quality Care Board. There is created, within the Office
7		of the Inspector General, a Quality Care Board to be composed
8		of 7 members appointed by the Governor with the advice and
9		consent of the Senate. One of the members shall be designated
10		as chairman by the Governor. Of the initial appointments made
11		by the Governor, 4 Board members shall each be appointed for a
12		term of 4 years and 3 members shall each be appointed for a
13		term of 2 years. Upon the expiration of each member's term, a
14		successor shall be appointed for a term of 4 years. In the case
15		of a vacancy in the office of any member, the Governor shall
16		appoint a successor for the remainder of the unexpired term.
17		Members appointed by the Governor shall be qualified by
18		professional knowledge or experience in the area of law,
19		investigatory techniques, or in the area of care of the
20		mentally ill or developmentally disabled. Two members
21		appointed by the Governor shall be persons with a disability or
22		a parent of a person with a disability. Members shall serve
23		without compensation, but shall be reimbursed for expenses
24		incurred in connection with the performance of their duties as
25		members.
26		The Board shall meet quarterly, and may hold other meetings

SB3733 Engrossed - 138 - LRB096 19592 AMC 34984 b
1		on the call of the chairman. Four members shall constitute a
2		quorum allowing the Board to conduct its business. The Board
3		may adopt rules and regulations it deems necessary to govern
4		its own procedures.
5		The Board shall monitor and oversee the operations,
6		policies, and procedures of the Inspector General to ensure the
7		prompt and thorough investigation of allegations of neglect and
8		abuse. In fulfilling these responsibilities, the Board may do
9		the following:
10		(1) Provide independent, expert consultation to the
11		Inspector General on policies and protocols for
12		investigations of alleged abuse, neglect, or both abuse and
13		neglect.
14		(2) Review existing regulations relating to the
15		operation of facilities.
16		(3) Advise the Inspector General as to the content of
17		training activities authorized under this Section.
18		(4) Recommend policies concerning methods for
19		improving the intergovernmental relationships between the
20		Office of the Inspector General and other State or federal
21		offices.
22		(v) Annual report. The Inspector General shall provide to
23		the General Assembly and the Governor, no later than January 1
24		of each year, a summary of reports and investigations made
25		under this Act for the prior fiscal year with respect to
26		individuals receiving mental health or developmental

SB3733 Engrossed - 139 - LRB096 19592 AMC 34984 b
1		disabilities services. The report shall detail the imposition
2		of sanctions, if any, and the final disposition of any
3		corrective or administrative action directed by the Secretary.
4		The summaries shall not contain any confidential or identifying
5		information of any individual, but shall include objective data
6		identifying any trends in the number of reported allegations,
7		the timeliness of the Office of the Inspector General's
8		investigations, and their disposition, for each facility and
9		Department-wide, for the most recent 3-year time period. The
10		report shall also identify, by facility, the staff-to-patient
11		ratios taking account of direct care staff only. The report
12		shall also include detailed recommended administrative actions
13		and matters for consideration by the General Assembly.
14		(w) Program audit. The Auditor General shall conduct a
15		program audit of the Office of the Inspector General on an
16		as-needed basis, as determined by the Auditor General. The
17		audit shall specifically include the Inspector General's
18		compliance with the Act and effectiveness in investigating
19		reports of allegations occurring in any facility or agency. The
20		Auditor General shall conduct the program audit according to
21		the provisions of the Illinois State Auditing Act and shall
22		report its findings to the General Assembly no later than
23		January 1 following the audit period.
24		(x) Nothing in this Section shall be construed to mean that
25		a patient is a victim of abuse or neglect because of health
26		care services appropriately provided or not provided by health

SB3733 Engrossed - 140 - LRB096 19592 AMC 34984 b
1		care professionals.
2		(y) Nothing in this Section shall require a facility,
3		including its employees, agents, medical staff members, and
4		health care professionals, to provide a service to a patient in
5		contravention of that patient's stated or implied objection to
6		the provision of that service on the ground that that service
7		conflicts with the patient's religious beliefs or practices,
8		nor shall the failure to provide a service to a patient be
9		considered abuse under this Section if the patient has objected
10		to the provision of that service based on his or her religious
11		beliefs or practices.
12		(Source: P.A. 95-545, eff. 8-28-07; 96-407, eff. 8-13-09;
13		96-555, eff. 8-18-09; revised 9-25-09.)
14		(Text of Section after amendment by P.A. 96-339)
15		Sec. 1-17. Inspector General.
16		(a) Nature and purpose. It is the express intent of the
17		General Assembly to ensure the health, safety, and financial
18		condition of individuals receiving services in this State due
19		to mental illness, developmental disability, or both by
20		protecting those persons from acts of abuse, neglect, or both
21		by service providers. To that end, the Office of the Inspector
22		General for the Department of Human Services is created to
23		investigate and report upon allegations of the abuse, neglect,
24		or financial exploitation of individuals receiving services
25		within mental health facilities, developmental disabilities

SB3733 Engrossed - 141 - LRB096 19592 AMC 34984 b
1		facilities, and community agencies operated, licensed, funded
2		or certified by the Department of Human Services, but not
3		licensed or certified by any other State agency. It is also the
4		express intent of the General Assembly to authorize the
5		Inspector General to investigate alleged or suspected cases of
6		abuse, neglect, or financial exploitation of adults with
7		disabilities living in domestic settings in the community under
8		the Abuse of Adults with Disabilities Intervention Act.
9		(b) Definitions. The following definitions apply to this
10		Section:
11		"Agency" or "community agency" means (i) a community agency
12		licensed, funded, or certified by the Department, but not
13		licensed or certified by any other human services agency of the
14		State, to provide mental health service or developmental
15		disabilities service, or (ii) a program licensed, funded, or
16		certified by the Department, but not licensed or certified by
17		any other human services agency of the State, to provide mental
18		health service or developmental disabilities service.
19		"Aggravating circumstance" means a factor that is
20		attendant to a finding and that tends to compound or increase
21		the culpability of the accused.
22		"Allegation" means an assertion, complaint, suspicion, or
23		incident involving any of the following conduct by an employee,
24		facility, or agency against an individual or individuals:
25		mental abuse, physical abuse, sexual abuse, neglect, or
26		financial exploitation.

SB3733 Engrossed - 142 - LRB096 19592 AMC 34984 b
1		"Day" means working day, unless otherwise specified.
2		"Deflection" means a situation in which an individual is
3		presented for admission to a facility or agency, and the
4		facility staff or agency staff do not admit the individual.
5		"Deflection" includes triage, redirection, and denial of
6		admission.
7		"Department" means the Department of Human Services.
8		"Developmentally disabled" means having a developmental
9		disability.
10		"Developmental disability" means "developmental
11		disability" as defined in the Mental Health and Developmental
12		Disabilities Code.
13		"Egregious neglect" means a finding of neglect as
14		determined by the Inspector General that (i) represents a gross
15		failure to adequately provide for, or a callused indifference
16		to, the health, safety, or medical needs of an individual and
17		(ii) results in an individual's death or other serious
18		deterioration of an individual's physical condition or mental
19		condition.
20		"Employee" means any person who provides services at the
21		facility or agency on-site or off-site. The service
22		relationship can be with the individual or with the facility or
23		agency. Also, "employee" includes any employee or contractual
24		agent of the Department of Human Services or the community
25		agency involved in providing or monitoring or administering
26		mental health or developmental disability services. This

SB3733 Engrossed - 143 - LRB096 19592 AMC 34984 b
1		includes but is not limited to: owners, operators, payroll
2		personnel, contractors, subcontractors, and volunteers.
3		"Facility" or "State-operated facility" means a mental
4		health facility or developmental disabilities facility
5		operated by the Department.
6		"Financial exploitation" means taking unjust advantage of
7		an individual's assets, property, or financial resources
8		through deception, intimidation, or conversion for the
9		employee's, facility's, or agency's own advantage or benefit.
10		"Finding" means the Office of Inspector General's
11		determination regarding whether an allegation is
12		substantiated, unsubstantiated, or unfounded.
13		"Health care worker registry" or "registry" means the
14		health care worker registry created by the Nursing Home Care
15		Act.
16		"Individual" means any person receiving mental health
17		service, developmental disabilities service, or both from a
18		facility or agency, while either on-site or off-site.
19		"Mental abuse" means the use of demeaning, intimidating, or
20		threatening words, signs, gestures, or other actions by an
21		employee about an individual and in the presence of an
22		individual or individuals that results in emotional distress or
23		maladaptive behavior, or could have resulted in emotional
24		distress or maladaptive behavior, for any individual present.
25		"Mental illness" means "mental illness" as defined in the
26		Mental Health and Developmental Disabilities Code.

SB3733 Engrossed - 144 - LRB096 19592 AMC 34984 b
1		"Mentally ill" means having a mental illness.
2		"Mitigating circumstance" means a condition that (i) is
3		attendant to a finding, (ii) does not excuse or justify the
4		conduct in question, but (iii) may be considered in evaluating
5		the severity of the conduct, the culpability of the accused, or
6		both the severity of the conduct and the culpability of the
7		accused.
8		"Neglect" means an employee's, agency's, or facility's
9		failure to provide adequate medical care, personal care, or
10		maintenance and that, as a consequence, (i) causes an
11		individual pain, injury, or emotional distress, (ii) results in
12		either an individual's maladaptive behavior or the
13		deterioration of an individual's physical condition or mental
14		condition, or (iii) places the individual's health or safety at
15		substantial risk.
16		"Physical abuse" means an employee's non-accidental and
17		inappropriate contact with an individual that causes bodily
18		harm. "Physical abuse" includes actions that cause bodily harm
19		as a result of an employee directing an individual or person to
20		physically abuse another individual.
21		"Recommendation" means an admonition, separate from a
22		finding, that requires action by the facility, agency, or
23		Department to correct a systemic issue, problem, or deficiency
24		identified during an investigation.
25		"Required reporter" means any employee who suspects,
26		witnesses, or is informed of an allegation of any one or more

SB3733 Engrossed - 145 - LRB096 19592 AMC 34984 b
1		of the following: mental abuse, physical abuse, sexual abuse,
2		neglect, or financial exploitation.
3		"Secretary" means the Chief Administrative Officer of the
4		Department.
5		"Sexual abuse" means any sexual contact or intimate
6		physical contact between an employee and an individual,
7		including an employee's coercion or encouragement of an
8		individual to engage in sexual behavior that results in sexual
9		contact, intimate physical contact, sexual behavior, or
10		intimate physical behavior.
11		"Substantiated" means there is a preponderance of the
12		evidence to support the allegation.
13		"Unfounded" means there is no credible evidence to support
14		the allegation.
15		"Unsubstantiated" means there is credible evidence, but
16		less than a preponderance of evidence to support the
17		allegation.
18		(c) Appointment. The Governor shall appoint, and the Senate
19		shall confirm, an Inspector General. The Inspector General
20		shall be appointed for a term of 4 years and shall function
21		within the Department of Human Services and report to the
22		Secretary and the Governor.
23		(d) Operation and appropriation. The Inspector General
24		shall function independently within the Department with
25		respect to the operations of the Office, including the
26		performance of investigations and issuance of findings and

SB3733 Engrossed - 146 - LRB096 19592 AMC 34984 b
1		recommendations. The appropriation for the Office of Inspector
2		General shall be separate from the overall appropriation for
3		the Department.
4		(e) Powers and duties. The Inspector General shall
5		investigate reports of suspected mental abuse, physical abuse,
6		sexual abuse, neglect, or financial exploitation of
7		individuals in any mental health or developmental disabilities
8		facility or agency and shall have authority to take immediate
9		action to prevent any one or more of the following from
10		happening to individuals under its jurisdiction: mental abuse,
11		physical abuse, sexual abuse, neglect, or financial
12		exploitation. Upon written request of an agency of this State,
13		the Inspector General may assist another agency of the State in
14		investigating reports of the abuse, neglect, or abuse and
15		neglect of persons with mental illness, persons with
16		developmental disabilities, or persons with both. To comply
17		with the requirements of subsection (k) of this Section, the
18		Inspector General shall also review all reportable deaths for
19		which there is no allegation of abuse or neglect. Nothing in
20		this Section shall preempt any duties of the Medical Review
21		Board set forth in the Mental Health and Developmental
22		Disabilities Code. The Inspector General shall have no
23		authority to investigate alleged violations of the State
24		Officials and Employees Ethics Act. Allegations of misconduct
25		under the State Officials and Employees Ethics Act shall be
26		referred to the Office of the Governor's Executive Inspector

SB3733 Engrossed - 147 - LRB096 19592 AMC 34984 b
1		General for investigation.
2		(f) Limitations. The Inspector General shall not conduct an
3		investigation within an agency or facility if that
4		investigation would be redundant to or interfere with an
5		investigation conducted by another State agency. The Inspector
6		General shall have no supervision over, or involvement in, the
7		routine programmatic, licensing, funding, or certification
8		operations of the Department. Nothing in this subsection limits
9		investigations by the Department that may otherwise be required
10		by law or that may be necessary in the Department's capacity as
11		central administrative authority responsible for the operation
12		of the State's mental health and developmental disabilities
13		facilities.
14		(g) Rulemaking authority. The Inspector General shall
15		promulgate rules establishing minimum requirements for
16		reporting allegations as well as for initiating, conducting,
17		and completing investigations based upon the nature of the
18		allegation or allegations. The rules shall clearly establish
19		that if 2 or more State agencies could investigate an
20		allegation, the Inspector General shall not conduct an
21		investigation that would be redundant to, or interfere with, an
22		investigation conducted by another State agency. The rules
23		shall further clarify the method and circumstances under which
24		the Office of Inspector General may interact with the
25		licensing, funding, or certification units of the Department in
26		preventing further occurrences of mental abuse, physical

SB3733 Engrossed - 148 - LRB096 19592 AMC 34984 b
1		abuse, sexual abuse, neglect, egregious neglect, and financial
2		exploitation.
3		(h) Training programs. The Inspector General shall (i)
4		establish a comprehensive program to ensure that every person
5		authorized to conduct investigations receives ongoing training
6		relative to investigation techniques, communication skills,
7		and the appropriate means of interacting with persons receiving
8		treatment for mental illness, developmental disability, or
9		both mental illness and developmental disability, and (ii)
10		establish and conduct periodic training programs for facility
11		and agency employees concerning the prevention and reporting of
12		any one or more of the following: mental abuse, physical abuse,
13		sexual abuse, neglect, egregious neglect, or financial
14		exploitation. Nothing in this Section shall be deemed to
15		prevent the Office of Inspector General from conducting any
16		other training as determined by the Inspector General to be
17		necessary or helpful.
18		(i) Duty to cooperate.
19		(1) The Inspector General shall at all times be granted
20		access to any facility or agency for the purpose of
21		investigating any allegation, conducting unannounced site
22		visits, monitoring compliance with a written response, or
23		completing any other statutorily assigned duty. The
24		Inspector General shall conduct unannounced site visits to
25		each facility at least annually for the purpose of
26		reviewing and making recommendations on systemic issues

SB3733 Engrossed - 149 - LRB096 19592 AMC 34984 b
1		relative to preventing, reporting, investigating, and
2		responding to all of the following: mental abuse, physical
3		abuse, sexual abuse, neglect, egregious neglect, or
4		financial exploitation.
5		(2) Any employee who fails to cooperate with an Office
6		of the Inspector General investigation is in violation of
7		this Act. Failure to cooperate with an investigation
8		includes, but is not limited to, any one or more of the
9		following: (i) creating and transmitting a false report to
10		the Office of the Inspector General hotline, (ii) providing
11		false information to an Office of the Inspector General
12		Investigator during an investigation, (iii) colluding with
13		other employees to cover up evidence, (iv) colluding with
14		other employees to provide false information to an Office
15		of the Inspector General investigator, (v) destroying
16		evidence, (vi) withholding evidence, or (vii) otherwise
17		obstructing an Office of the Inspector General
18		investigation. Additionally, any employee who, during an
19		unannounced site visit or written response compliance
20		check, fails to cooperate with requests from the Office of
21		the Inspector General is in violation of this Act.
22		(j) Subpoena powers. The Inspector General shall have the
23		power to subpoena witnesses and compel the production of all
24		documents and physical evidence relating to his or her
25		investigations and any hearings authorized by this Act. This
26		subpoena power shall not extend to persons or documents of a

SB3733 Engrossed - 150 - LRB096 19592 AMC 34984 b
1		labor organization or its representatives insofar as the
2		persons are acting in a representative capacity to an employee
3		whose conduct is the subject of an investigation or the
4		documents relate to that representation. Any person who
5		otherwise fails to respond to a subpoena or who knowingly
6		provides false information to the Office of the Inspector
7		General by subpoena during an investigation is guilty of a
8		Class A misdemeanor.
9		(k) Reporting allegations and deaths.
10		(1) Allegations. If an employee witnesses, is told of,
11		or has reason to believe an incident of mental abuse,
12		physical abuse, sexual abuse, neglect, or financial
13		exploitation has occurred, the employee, agency, or
14		facility shall report the allegation by phone to the Office
15		of the Inspector General hotline according to the agency's
16		or facility's procedures, but in no event later than 4
17		hours after the initial discovery of the incident,
18		allegation, or suspicion of any one or more of the
19		following: mental abuse, physical abuse, sexual abuse,
20		neglect, or financial exploitation. A required reporter as
21		defined in subsection (b) of this Section who knowingly or
22		intentionally fails to comply with these reporting
23		requirements is guilty of a Class A misdemeanor.
24		(2) Deaths. Absent an allegation, a required reporter
25		shall, within 24 hours after initial discovery, report by
26		phone to the Office of the Inspector General hotline each

SB3733 Engrossed - 151 - LRB096 19592 AMC 34984 b
1		of the following:
2		(i) Any death of an individual occurring within 14
3		calendar days after discharge or transfer of the
4		individual from a residential program or facility.
5		(ii) Any death of an individual occurring within 24
6		hours after deflection from a residential program or
7		facility.
8		(iii) Any other death of an individual occurring at
9		an agency or facility or at any Department-funded site.
10		(3) Retaliation. It is a violation of this Act for any
11		employee or administrator of an agency or facility to take
12		retaliatory action against an employee who acts in good
13		faith in conformance with his or her duties as a required
14		reporter.
15		(l) Reporting criminal acts. Within 24 hours after
16		determining that there is credible evidence indicating that a
17		criminal act may have been committed or that special expertise
18		may be required in an investigation, the Inspector General
19		shall notify the Department of State Police or other
20		appropriate law enforcement authority, or ensure that such
21		notification is made. The Department of State Police shall
22		investigate any report from a State-operated facility
23		indicating a possible murder, sexual assault, or other felony
24		by an employee. All investigations conducted by the Inspector
25		General shall be conducted in a manner designed to ensure the
26		preservation of evidence for possible use in a criminal

SB3733 Engrossed - 152 - LRB096 19592 AMC 34984 b
1		prosecution.
2		(m) Investigative reports. Upon completion of an
3		investigation, the Office of Inspector General shall issue an
4		investigative report identifying whether the allegations are
5		substantiated, unsubstantiated, or unfounded. Within 10
6		business days after the transmittal of a completed
7		investigative report substantiating an allegation, or if a
8		recommendation is made, the Inspector General shall provide the
9		investigative report on the case to the Secretary and to the
10		director of the facility or agency where any one or more of the
11		following occurred: mental abuse, physical abuse, sexual
12		abuse, neglect, egregious neglect, or financial exploitation.
13		In a substantiated case, the investigative report shall include
14		any mitigating or aggravating circumstances that were
15		identified during the investigation. If the case involves
16		substantiated neglect, the investigative report shall also
17		state whether egregious neglect was found. An investigative
18		report may also set forth recommendations. All investigative
19		reports prepared by the Office of the Inspector General shall
20		be considered confidential and shall not be released except as
21		provided by the law of this State or as required under
22		applicable federal law. Unsubstantiated and unfounded reports
23		shall not be disclosed except as allowed under Section 6 of the
24		Abused and Neglected Long Term Care Facility Residents
25		Reporting Act. Raw data used to compile the investigative
26		report shall not be subject to release unless required by law

SB3733 Engrossed - 153 - LRB096 19592 AMC 34984 b
1		or a court order. "Raw data used to compile the investigative
2		report" includes, but is not limited to, any one or more of the
3		following: the initial complaint, witness statements,
4		photographs, investigator's notes, police reports, or incident
5		reports. If the allegations are substantiated, the accused
6		shall be provided with a redacted copy of the investigative
7		report. Death reports where there was no allegation of abuse or
8		neglect shall only be released pursuant to applicable State or
9		federal law or a valid court order.
10		(n) Written responses and reconsideration requests.
11		(1) Written responses. Within 30 calendar days from
12		receipt of a substantiated investigative report or an
13		investigative report which contains recommendations,
14		absent a reconsideration request, the facility or agency
15		shall file a written response that addresses, in a concise
16		and reasoned manner, the actions taken to: (i) protect the
17		individual; (ii) prevent recurrences; and (iii) eliminate
18		the problems identified. The response shall include the
19		implementation and completion dates of such actions. If the
20		written response is not filed within the allotted 30
21		calendar day period, the Secretary shall determine the
22		appropriate corrective action to be taken.
23		(2) Reconsideration requests. The facility, agency,
24		victim or guardian, or the subject employee may request
25		that the Office of Inspector General reconsider or clarify
26		its finding based upon additional information.

SB3733 Engrossed - 154 - LRB096 19592 AMC 34984 b
1		(o) Disclosure of the finding by the Inspector General. The
2		Inspector General shall disclose the finding of an
3		investigation to the following persons: (i) the Governor, (ii)
4		the Secretary, (iii) the director of the facility or agency,
5		(iv) the alleged victims and their guardians, (v) the
6		complainant, and (vi) the accused. This information shall
7		include whether the allegations were deemed substantiated,
8		unsubstantiated, or unfounded.
9		(p) Secretary review. Upon review of the Inspector
10		General's investigative report and any agency's or facility's
11		written response, the Secretary shall accept or reject the
12		written response and notify the Inspector General of that
13		determination. The Secretary may further direct that other
14		administrative action be taken, including, but not limited to,
15		any one or more of the following: (i) additional site visits,
16		(ii) training, (iii) provision of technical assistance
17		relative to administrative needs, licensure or certification,
18		or (iv) the imposition of appropriate sanctions.
19		(q) Action by facility or agency. Within 30 days of the
20		date the Secretary approves the written response or directs
21		that further administrative action be taken, the facility or
22		agency shall provide an implementation report to the Inspector
23		General that provides the status of the action taken. The
24		facility or agency shall be allowed an additional 30 days to
25		send notice of completion of the action or to send an updated
26		implementation report. If the action has not been completed

SB3733 Engrossed - 155 - LRB096 19592 AMC 34984 b
1		within the additional 30 day period, the facility or agency
2		shall send updated implementation reports every 60 days until
3		completion. The Inspector General shall conduct a review of any
4		implementation plan that takes more than 120 days after
5		approval to complete, and shall monitor compliance through a
6		random review of approved written responses, which may include,
7		but are not limited to: (i) site visits, (ii) telephone
8		contact, and (iii) requests for additional documentation
9		evidencing compliance.
10		(r) Sanctions. Sanctions, if imposed by the Secretary under
11		Subdivision (p)(iv) of this Section, shall be designed to
12		prevent further acts of mental abuse, physical abuse, sexual
13		abuse, neglect, egregious neglect, or financial exploitation
14		or some combination of one or more of those acts at a facility
15		or agency, and may include any one or more of the following:
16		(1) Appointment of on-site monitors.
17		(2) Transfer or relocation of an individual or
18		individuals.
19		(3) Closure of units.
20		(4) Termination of any one or more of the following:
21		(i) Department licensing, (ii) funding, or (iii)
22		certification.
23		The Inspector General may seek the assistance of the
24		Illinois Attorney General or the office of any State's Attorney
25		in implementing sanctions.
26		(s) Health care worker registry.

SB3733 Engrossed - 156 - LRB096 19592 AMC 34984 b
1		(1) Reporting to the registry. The Inspector General
2		shall report to the Department of Public Health's health
3		care worker registry, a public registry, MR/DD Community
4		Care Act the identity and finding of each employee of a
5		facility or agency against whom there is a final
6		investigative report containing a substantiated allegation
7		of physical or sexual abuse or egregious neglect of an
8		individual. MR/DD Community Care Act
9		(2) Notice to employee. Prior to reporting the name of
10		an employee, the employee shall be notified of the
11		Department's obligation to report and shall be granted an
12		opportunity to request an administrative hearing, the sole
13		purpose of which is to determine if the substantiated
14		finding warrants reporting to the registry. Notice to the
15		employee shall contain a clear and concise statement of the
16		grounds on which the report to the registry is based, offer
17		the employee an opportunity for a hearing, and identify the
18		process for requesting such a hearing. Notice is sufficient
19		if provided by certified mail to the employee's last known
20		address. If the employee fails to request a hearing within
21		30 days from the date of the notice, the Inspector General
22		shall report the name of the employee to the registry.
23		Nothing in this subdivision (s)(2) shall diminish or impair
24		the rights of a person who is a member of a collective
25		bargaining unit under the Illinois Public Labor Relations
26		Act or under any other federal labor statute.

SB3733 Engrossed - 157 - LRB096 19592 AMC 34984 b
1		(3) Registry hearings. If the employee requests an
2		administrative hearing, the employee shall be granted an
3		opportunity to appear before an administrative law judge to
4		present reasons why the employee's name should not be
5		reported to the registry. The Department shall bear the
6		burden of presenting evidence that establishes, by a
7		preponderance of the evidence, that the substantiated
8		finding warrants reporting to the registry. After
9		considering all the evidence presented, the administrative
10		law judge shall make a recommendation to the Secretary as
11		to whether the substantiated finding warrants reporting
12		the name of the employee to the registry. The Secretary
13		shall render the final decision. The Department and the
14		employee shall have the right to request that the
15		administrative law judge consider a stipulated disposition
16		of these proceedings.
17		(4) Testimony at registry hearings. A person who makes
18		a report or who investigates a report under this Act shall
19		testify fully in any judicial proceeding resulting from
20		such a report, as to any evidence of abuse or neglect, or
21		the cause thereof. No evidence shall be excluded by reason
22		of any common law or statutory privilege relating to
23		communications between the alleged perpetrator of abuse or
24		neglect, or the individual alleged as the victim in the
25		report, and the person making or investigating the report.
26		Testimony at hearings is exempt from the confidentiality

SB3733 Engrossed - 158 - LRB096 19592 AMC 34984 b
1		requirements of subsection (f) of Section 10 of the Mental
2		Health and Developmental Disabilities Confidentiality Act.
3		(5) Employee's rights to collateral action. No
4		reporting to the registry shall occur and no hearing shall
5		be set or proceed if an employee notifies the Inspector
6		General in writing, including any supporting
7		documentation, that he or she is formally contesting an
8		adverse employment action resulting from a substantiated
9		finding by complaint filed with the Illinois Civil Service
10		Commission, or which otherwise seeks to enforce the
11		employee's rights pursuant to any applicable collective
12		bargaining agreement. If an action taken by an employer
13		against an employee as a result of a finding of physical
14		abuse, sexual abuse, or egregious neglect is overturned
15		through an action filed with the Illinois Civil Service
16		Commission or under any applicable collective bargaining
17		agreement and if that employee's name has already been sent
18		to the registry, the employee's name shall be removed from
19		the registry.
20		(6) Removal from registry. At any time after the report
21		to the registry, but no more than once in any 12-month
22		period, an employee may petition the Department in writing
23		to remove his or her name from the registry. Upon receiving
24		notice of such request, the Inspector General shall conduct
25		an investigation into the petition. Upon receipt of such
26		request, an administrative hearing will be set by the

SB3733 Engrossed - 159 - LRB096 19592 AMC 34984 b
1		Department. At the hearing, the employee shall bear the
2		burden of presenting evidence that establishes, by a
3		preponderance of the evidence, that removal of the name
4		from the registry is in the public interest. The parties
5		may jointly request that the administrative law judge
6		consider a stipulated disposition of these proceedings.
7		(t) Review of Administrative Decisions. The Department
8		shall preserve a record of all proceedings at any formal
9		hearing conducted by the Department involving health care
10		worker registry hearings. Final administrative decisions of
11		the Department are subject to judicial review pursuant to
12		provisions of the Administrative Review Law.
13		(u) Quality Care Board. There is created, within the Office
14		of the Inspector General, a Quality Care Board to be composed
15		of 7 members appointed by the Governor with the advice and
16		consent of the Senate. One of the members shall be designated
17		as chairman by the Governor. Of the initial appointments made
18		by the Governor, 4 Board members shall each be appointed for a
19		term of 4 years and 3 members shall each be appointed for a
20		term of 2 years. Upon the expiration of each member's term, a
21		successor shall be appointed for a term of 4 years. In the case
22		of a vacancy in the office of any member, the Governor shall
23		appoint a successor for the remainder of the unexpired term.
24		Members appointed by the Governor shall be qualified by
25		professional knowledge or experience in the area of law,
26		investigatory techniques, or in the area of care of the

SB3733 Engrossed - 160 - LRB096 19592 AMC 34984 b
1		mentally ill or developmentally disabled. Two members
2		appointed by the Governor shall be persons with a disability or
3		a parent of a person with a disability. Members shall serve
4		without compensation, but shall be reimbursed for expenses
5		incurred in connection with the performance of their duties as
6		members.
7		The Board shall meet quarterly, and may hold other meetings
8		on the call of the chairman. Four members shall constitute a
9		quorum allowing the Board to conduct its business. The Board
10		may adopt rules and regulations it deems necessary to govern
11		its own procedures.
12		The Board shall monitor and oversee the operations,
13		policies, and procedures of the Inspector General to ensure the
14		prompt and thorough investigation of allegations of neglect and
15		abuse. In fulfilling these responsibilities, the Board may do
16		the following:
17		(1) Provide independent, expert consultation to the
18		Inspector General on policies and protocols for
19		investigations of alleged abuse, neglect, or both abuse and
20		neglect.
21		(2) Review existing regulations relating to the
22		operation of facilities.
23		(3) Advise the Inspector General as to the content of
24		training activities authorized under this Section.
25		(4) Recommend policies concerning methods for
26		improving the intergovernmental relationships between the

SB3733 Engrossed - 161 - LRB096 19592 AMC 34984 b
1		Office of the Inspector General and other State or federal
2		offices.
3		(v) Annual report. The Inspector General shall provide to
4		the General Assembly and the Governor, no later than January 1
5		of each year, a summary of reports and investigations made
6		under this Act for the prior fiscal year with respect to
7		individuals receiving mental health or developmental
8		disabilities services. The report shall detail the imposition
9		of sanctions, if any, and the final disposition of any
10		corrective or administrative action directed by the Secretary.
11		The summaries shall not contain any confidential or identifying
12		information of any individual, but shall include objective data
13		identifying any trends in the number of reported allegations,
14		the timeliness of the Office of the Inspector General's
15		investigations, and their disposition, for each facility and
16		Department-wide, for the most recent 3-year time period. The
17		report shall also identify, by facility, the staff-to-patient
18		ratios taking account of direct care staff only. The report
19		shall also include detailed recommended administrative actions
20		and matters for consideration by the General Assembly.
21		(w) Program audit. The Auditor General shall conduct a
22		program audit of the Office of the Inspector General on an
23		as-needed basis, as determined by the Auditor General. The
24		audit shall specifically include the Inspector General's
25		compliance with the Act and effectiveness in investigating
26		reports of allegations occurring in any facility or agency. The

SB3733 Engrossed - 162 - LRB096 19592 AMC 34984 b
1		Auditor General shall conduct the program audit according to
2		the provisions of the Illinois State Auditing Act and shall
3		report its findings to the General Assembly no later than
4		January 1 following the audit period.
5		(x) Nothing in this Section shall be construed to mean that
6		a patient is a victim of abuse or neglect because of health
7		care services appropriately provided or not provided by health
8		care professionals.
9		(y) Nothing in this Section shall require a facility,
10		including its employees, agents, medical staff members, and
11		health care professionals, to provide a service to a patient in
12		contravention of that patient's stated or implied objection to
13		the provision of that service on the ground that that service
14		conflicts with the patient's religious beliefs or practices,
15		nor shall the failure to provide a service to a patient be
16		considered abuse under this Section if the patient has objected
17		to the provision of that service based on his or her religious
18		beliefs or practices.
19		(Source: P.A. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10;
20		96-407, eff. 8-13-09; 96-555, eff. 8-18-09; revised 9-25-09.)
21		Section 75. The Department of Human Services (Mental Health
22		and Developmental Disabilities) Law of the Civil
23		Administrative Code of Illinois is amended by changing Section
24		1710-1 as follows:

SB3733 Engrossed - 163 - LRB096 19592 AMC 34984 b
1		(20 ILCS 1710/1710-1)
2		Sec. 1710-1. Article short title. This Article 1710 of the
3		Civil Administrative Code of Illinois may be cited as the
4		Department of Human Services (Mental Health and Developmental
5		Disabilities) Law.
6		(Source: P.A. 91-239, eff. 1-1-00; revised 10-30-09.)
7		Section 80. The Department of Professional Regulation Law
8		of the Civil Administrative Code of Illinois is amended by
9		changing Section 2105-15 as follows:
10		(20 ILCS 2105/2105-15)
11		Sec. 2105-15. General powers and duties.
12		(a) The Department has, subject to the provisions of the
13		Civil Administrative Code of Illinois, the following powers and
14		duties:
15		(1) To authorize examinations in English to ascertain
16		the qualifications and fitness of applicants to exercise
17		the profession, trade, or occupation for which the
18		examination is held.
19		(2) To prescribe rules and regulations for a fair and
20		wholly impartial method of examination of candidates to
21		exercise the respective professions, trades, or
22		occupations.
23		(3) To pass upon the qualifications of applicants for
24		licenses, certificates, and authorities, whether by

SB3733 Engrossed - 164 - LRB096 19592 AMC 34984 b
1		examination, by reciprocity, or by endorsement.
2		(4) To prescribe rules and regulations defining, for
3		the respective professions, trades, and occupations, what
4		shall constitute a school, college, or university, or
5		department of a university, or other institution,
6		reputable and in good standing, and to determine the
7		reputability and good standing of a school, college, or
8		university, or department of a university, or other
9		institution, reputable and in good standing, by reference
10		to a compliance with those rules and regulations; provided,
11		that no school, college, or university, or department of a
12		university, or other institution that refuses admittance
13		to applicants solely on account of race, color, creed, sex,
14		or national origin shall be considered reputable and in
15		good standing.
16		(5) To conduct hearings on proceedings to revoke,
17		suspend, refuse to renew, place on probationary status, or
18		take other disciplinary action as authorized in any
19		licensing Act administered by the Department with regard to
20		licenses, certificates, or authorities of persons
21		exercising the respective professions, trades, or
22		occupations and to revoke, suspend, refuse to renew, place
23		on probationary status, or take other disciplinary action
24		as authorized in any licensing Act administered by the
25		Department with regard to those licenses, certificates, or
26		authorities. The Department shall issue a monthly

SB3733 Engrossed - 165 - LRB096 19592 AMC 34984 b
1		disciplinary report. The Department shall deny any license
2		or renewal authorized by the Civil Administrative Code of
3		Illinois to any person who has defaulted on an educational
4		loan or scholarship provided by or guaranteed by the
5		Illinois Student Assistance Commission or any governmental
6		agency of this State; however, the Department may issue a
7		license or renewal if the aforementioned persons have
8		established a satisfactory repayment record as determined
9		by the Illinois Student Assistance Commission or other
10		appropriate governmental agency of this State.
11		Additionally, beginning June 1, 1996, any license issued by
12		the Department may be suspended or revoked if the
13		Department, after the opportunity for a hearing under the
14		appropriate licensing Act, finds that the licensee has
15		failed to make satisfactory repayment to the Illinois
16		Student Assistance Commission for a delinquent or
17		defaulted loan. For the purposes of this Section,
18		"satisfactory repayment record" shall be defined by rule.
19		The Department shall refuse to issue or renew a license to,
20		or shall suspend or revoke a license of, any person who,
21		after receiving notice, fails to comply with a subpoena or
22		warrant relating to a paternity or child support
23		proceeding. However, the Department may issue a license or
24		renewal upon compliance with the subpoena or warrant.
25		The Department, without further process or hearings,
26		shall revoke, suspend, or deny any license or renewal

SB3733 Engrossed - 166 - LRB096 19592 AMC 34984 b
1		authorized by the Civil Administrative Code of Illinois to
2		a person who is certified by the Department of Healthcare
3		and Family Services (formerly Illinois Department of
4		Public Aid) as being more than 30 days delinquent in
5		complying with a child support order or who is certified by
6		a court as being in violation of the Non-Support Punishment
7		Act for more than 60 days. The Department may, however,
8		issue a license or renewal if the person has established a
9		satisfactory repayment record as determined by the
10		Department of Healthcare and Family Services (formerly
11		Illinois Department of Public Aid) or if the person is
12		determined by the court to be in compliance with the
13		Non-Support Punishment Act. The Department may implement
14		this paragraph as added by Public Act 89-6 through the use
15		of emergency rules in accordance with Section 5-45 of the
16		Illinois Administrative Procedure Act. For purposes of the
17		Illinois Administrative Procedure Act, the adoption of
18		rules to implement this paragraph shall be considered an
19		emergency and necessary for the public interest, safety,
20		and welfare.
21		(6) To transfer jurisdiction of any realty under the
22		control of the Department to any other department of the
23		State Government or to acquire or accept federal lands when
24		the transfer, acquisition, or acceptance is advantageous
25		to the State and is approved in writing by the Governor.
26		(7) To formulate rules and regulations necessary for

SB3733 Engrossed - 167 - LRB096 19592 AMC 34984 b
1		the enforcement of any Act administered by the Department.
2		(8) To exchange with the Department of Healthcare and
3		Family Services information that may be necessary for the
4		enforcement of child support orders entered pursuant to the
5		Illinois Public Aid Code, the Illinois Marriage and
6		Dissolution of Marriage Act, the Non-Support of Spouse and
7		Children Act, the Non-Support Punishment Act, the Revised
8		Uniform Reciprocal Enforcement of Support Act, the Uniform
9		Interstate Family Support Act, or the Illinois Parentage
10		Act of 1984. Notwithstanding any provisions in this Code to
11		the contrary, the Department of Professional Regulation
12		shall not be liable under any federal or State law to any
13		person for any disclosure of information to the Department
14		of Healthcare and Family Services (formerly Illinois
15		Department of Public Aid) under this paragraph (8) or for
16		any other action taken in good faith to comply with the
17		requirements of this paragraph (8).
18		(9) To perform other duties prescribed by law.
19		(a-5) Except in cases involving default on an educational
20		loan or scholarship provided by or guaranteed by the Illinois
21		Student Assistance Commission or any governmental agency of
22		this State or in cases involving delinquency in complying with
23		a child support order or violation of the Non-Support
24		Punishment Act, no person or entity whose license, certificate,
25		or authority has been revoked as authorized in any licensing
26		Act administered by the Department may apply for restoration of

SB3733 Engrossed - 168 - LRB096 19592 AMC 34984 b
1		that license, certification, or authority until 3 years after
2		the effective date of the revocation.
3		(b) The Department may, when a fee is payable to the
4		Department for a wall certificate of registration provided by
5		the Department of Central Management Services, require that
6		portion of the payment for printing and distribution costs be
7		made directly or through the Department to the Department of
8		Central Management Services for deposit into the Paper and
9		Printing Revolving Fund. The remainder shall be deposited into
10		the General Revenue Fund.
11		(c) For the purpose of securing and preparing evidence, and
12		for the purchase of controlled substances, professional
13		services, and equipment necessary for enforcement activities,
14		recoupment of investigative costs, and other activities
15		directed at suppressing the misuse and abuse of controlled
16		substances, including those activities set forth in Sections
17		504 and 508 of the Illinois Controlled Substances Act, the
18		Director and agents appointed and authorized by the Director
19		may expend sums from the Professional Regulation Evidence Fund
20		that the Director deems necessary from the amounts appropriated
21		for that purpose. Those sums may be advanced to the agent when
22		the Director deems that procedure to be in the public interest.
23		Sums for the purchase of controlled substances, professional
24		services, and equipment necessary for enforcement activities
25		and other activities as set forth in this Section shall be
26		advanced to the agent who is to make the purchase from the

SB3733 Engrossed - 169 - LRB096 19592 AMC 34984 b
1		Professional Regulation Evidence Fund on vouchers signed by the
2		Director. The Director and those agents are authorized to
3		maintain one or more commercial checking accounts with any
4		State banking corporation or corporations organized under or
5		subject to the Illinois Banking Act for the deposit and
6		withdrawal of moneys to be used for the purposes set forth in
7		this Section; provided, that no check may be written nor any
8		withdrawal made from any such account except upon the written
9		signatures of 2 persons designated by the Director to write
10		those checks and make those withdrawals. Vouchers for those
11		expenditures must be signed by the Director. All such
12		expenditures shall be audited by the Director, and the audit
13		shall be submitted to the Department of Central Management
14		Services for approval.
15		(d) Whenever the Department is authorized or required by
16		law to consider some aspect of criminal history record
17		information for the purpose of carrying out its statutory
18		powers and responsibilities, then, upon request and payment of
19		fees in conformance with the requirements of Section 2605-400
20		of the Department of State Police Law (20 ILCS 2605/2605-400),
21		the Department of State Police is authorized to furnish,
22		pursuant to positive identification, the information contained
23		in State files that is necessary to fulfill the request.
24		(e) The provisions of this Section do not apply to private
25		business and vocational schools as defined by Section 1 of the
26		Private Business and Vocational Schools Act.

SB3733 Engrossed - 170 - LRB096 19592 AMC 34984 b
1		(f) Beginning July 1, 1995, this Section does not apply to
2		those professions, trades, and occupations licensed under the
3		Real Estate License Act of 2000, nor does it apply to any
4		permits, certificates, or other authorizations to do business
5		provided for in the Land Sales Registration Act of 1989 or the
6		Illinois Real Estate Time-Share Act.
7		(g) Notwithstanding anything that may appear in any
8		individual licensing statute or administrative rule, the
9		Department shall deny any license application or renewal
10		authorized under any licensing Act administered by the
11		Department to any person who has failed to file a return, or to
12		pay the tax, penalty, or interest shown in a filed return, or
13		to pay any final assessment of tax, penalty, or interest, as
14		required by any tax Act administered by the Illinois Department
15		of Revenue, until such time as the requirement of any such tax
16		Act are satisfied; however, the Department may issue a license
17		or renewal if the person has established a satisfactory
18		repayment record as determined by the Illinois Department of
19		Revenue. For the purpose of this Section, "satisfactory
20		repayment record" shall be defined by rule.
21		In addition, a complaint filed with the Department by the
22		Illinois Department of Revenue that includes a certification,
23		signed by its Director or designee, attesting to the amount of
24		the unpaid tax liability or the years for which a return was
25		not filed, or both, is prima facia evidence of the licensee's
26		failure to comply with the tax laws administered by the

SB3733 Engrossed - 171 - LRB096 19592 AMC 34984 b
1		Illinois Department of Revenue. Upon receipt of that
2		certification, the Department shall, without a hearing,
3		immediately suspend all licenses held by the licensee.
4		Enforcement of the Department's order shall be stayed for 60
5		days. The Department shall provide notice of the suspension to
6		the licensee by mailing a copy of the Department's order by
7		certified and regular mail to the licensee's last known address
8		as registered with the Department. The notice shall advise the
9		licensee that the suspension shall be effective 60 days after
10		the issuance of the Department's order unless the Department
11		receives, from the licensee, a request for a hearing before the
12		Department to dispute the matters contained in the order.
13		Any suspension imposed under this subsection (g) shall be
14		terminated by the Department upon notification from the
15		Illinois Department of Revenue that the licensee is in
16		compliance with all tax laws administered by the Illinois
17		Department of Revenue.
18		The Department shall promulgate rules for the
19		administration of this subsection (g).
20		(h) The Department may grant the title "Retired", to be
21		used immediately adjacent to the title of a profession
22		regulated by the Department, to eligible retirees. The use of
23		the title "Retired" shall not constitute representation of
24		current licensure, registration, or certification. Any person
25		without an active license, registration, or certificate in a
26		profession that requires licensure, registration, or

SB3733 Engrossed - 172 - LRB096 19592 AMC 34984 b
1		certification shall not be permitted to practice that
2		profession.
3		(i) Within 180 days after December 23, 2009 (the effective
4		date of Public Act 96-852) this amendatory Act of the 96th
5		General Assembly, the Department shall promulgate rules which
6		permit a person with a criminal record, who seeks a license or
7		certificate in an occupation for which a criminal record is not
8		expressly a per se bar, to apply to the Department for a
9		non-binding, advisory opinion to be provided by the Board or
10		body with the authority to issue the license or certificate as
11		to whether his or her criminal record would bar the individual
12		from the licensure or certification sought, should the
13		individual meet all other licensure requirements including,
14		but not limited to, the successful completion of the relevant
15		examinations.
16		(Source: P.A. 95-331, eff. 8-21-07; 96-459, eff. 8-14-09;
17		96-852, eff. 12-23-09; revised 1-4-10.)
18		Section 85. The Department of Public Health Powers and
19		Duties Law of the Civil Administrative Code of Illinois is
20		amended by setting forth and renumbering multiple versions of
21		Section 2310-640 as follows:
22		(20 ILCS 2310/2310-640)
23		Sec. 2310-640. Hospital Capital Investment Program.
24		(a) Subject to appropriation, the Department shall

SB3733 Engrossed - 173 - LRB096 19592 AMC 34984 b
1		establish and administer a program to award capital grants to
2		Illinois hospitals licensed under the Hospital Licensing Act.
3		Grants awarded under this program shall only be used to fund
4		capital projects to improve or renovate the hospital's facility
5		or to improve, replace or acquire the hospital's equipment or
6		technology. Such projects may include, but are not limited to,
7		projects to satisfy any building code, safety standard or life
8		safety code; projects to maintain, improve, renovate, expand or
9		construct buildings or structures; projects to maintain,
10		establish or improve health information technology; or
11		projects to maintain or improve patient safety, quality of care
12		or access to care.
13		The Department shall establish rules necessary to
14		implement the Hospital Capital Investment Program, including
15		application standards, requirements for the distribution and
16		obligation of grant funds, accounting for the use of the funds,
17		reporting the status of funded projects, and standards for
18		monitoring compliance with standards. In awarding grants under
19		this Section, the Department shall consider criteria that
20		include but are not limited to: the financial requirements of
21		the project and the extent to which the grant makes it possible
22		to implement the project; the proposed project's likely benefit
23		in terms of patient safety or quality of care; and the proposed
24		project's likely benefit in terms of maintaining or improving
25		access to care.
26		The Department shall approve a hospital's eligibility for a

SB3733 Engrossed - 174 - LRB096 19592 AMC 34984 b
1		hospital capital investment grant pursuant to the standards
2		established by this Section. The Department shall determine
3		eligible project costs, including but not limited to the use of
4		funds for the acquisition, development, construction,
5		reconstruction, rehabilitation, improvement, architectural
6		planning, engineering, and installation of capital facilities
7		consisting of buildings, structures, technology and durable
8		equipment for hospital purposes. No portion of a hospital
9		capital investment grant awarded by the Department may be used
10		by a hospital to pay for any on-going operational costs, pay
11		outstanding debt, or be allocated to an endowment or other
12		invested fund.
13		Nothing in this Section shall exempt nor relieve any
14		hospital receiving a grant under this Section from any
15		requirement of the Illinois Health Facilities Planning Act.
16		(b) Safety Net Hospital Grants. The Department shall make
17		capital grants to hospitals eligible for safety net hospital
18		grants under this subsection. The total amount of grants to any
19		individual hospital shall be no less than $2,500,000 and no
20		more than $7,000,000. The total amount of grants to hospitals
21		under this subsection shall not exceed $100,000,000. Hospitals
22		that satisfy one of the following criteria shall be eligible to
23		apply for safety net hospital grants:
24		(1) Any general acute care hospital located in a county
25		of over 3,000,000 inhabitants that has a Medicaid inpatient
26		utilization rate for the rate year beginning on October 1,

SB3733 Engrossed - 175 - LRB096 19592 AMC 34984 b
1		2008 greater than 43%, that is not affiliated with a
2		hospital system that owns or operates more than 3
3		hospitals, and that has more than 13,500 Medicaid inpatient
4		days.
5		(2) Any general acute care hospital that is located in
6		a county of more than 3,000,000 inhabitants and has a
7		Medicaid inpatient utilization rate for the rate year
8		beginning on October 1, 2008 greater than 55% and has
9		authorized beds for the obstetric-gynecology category of
10		service as reported in the 2008 Annual Hospital Bed Report,
11		issued by the Illinois Department of Public Health.
12		(3) Any hospital that is defined in 89 Illinois
13		Administrative Code Section 149.50(c)(3)(A) and that has
14		less than 20,000 Medicaid inpatient days.
15		(4) Any general acute care hospital that is located in
16		a county of less than 3,000,000 inhabitants and has a
17		Medicaid inpatient utilization rate for the rate year
18		beginning on October 1, 2008 greater than 64%.
19		(5) Any general acute care hospital that is located in
20		a county of over 3,000,000 inhabitants and a city of less
21		than 1,000,000 inhabitants, that has a Medicaid inpatient
22		utilization rate for the rate year beginning on October 1,
23		2008 greater than 22%, that has more than 12,000 Medicaid
24		inpatient days, and that has a case mix index greater than
25		0.71.
26		(c) Community Hospital Grants. The Department shall make a

SB3733 Engrossed - 176 - LRB096 19592 AMC 34984 b
1		one-time capital grant to any public or not-for-profit
2		hospitals located in counties of less than 3,000,000
3		inhabitants that are not otherwise eligible for a grant under
4		subsection (b) of this Section and that have a Medicaid
5		inpatient utilization rate for the rate year beginning on
6		October 1, 2008 of at least 10%. The total amount of grants
7		under this subsection shall not exceed $50,000,000. This grant
8		shall be the sum of the following payments:
9		(1) For each acute care hospital, a base payment of:
10		(i) $170,000 if it is located in an urban area; or
11		(ii) $340,000 if it is located in a rural area.
12		(2) A payment equal to the product of $45 multiplied by
13		total Medicaid inpatient days for each hospital.
14		(d) Annual report. The Department of Public Health shall
15		prepare and submit to the Governor and the General Assembly an
16		annual report by January 1 of each year regarding its
17		administration of the Hospital Capital Investment Program,
18		including an overview of the program and information about the
19		specific purpose and amount of each grant and the status of
20		funded projects. The report shall include information as to
21		whether each project is subject to and authorized under the
22		Illinois Health Facilities Planning Act, if applicable.
23		(e) Definitions. As used in this Section, the following
24		terms shall be defined as follows:
25		"General acute care hospital" shall have the same meaning
26		as general acute care hospital in Section 5A-12.2 of the

SB3733 Engrossed - 177 - LRB096 19592 AMC 34984 b
1		Illinois Public Aid Code.
2		"Hospital" shall have the same meaning as defined in
3		Section 3 of the Hospital Licensing Act, but in no event shall
4		it include a hospital owned or operated by a State agency, a
5		State university, or a county with a population of 3,000,000 or
6		more.
7		"Medicaid inpatient day" shall have the same meaning as
8		defined in Section 5A-12.2(n) of the Illinois Public Aid Code.
9		"Medicaid inpatient utilization rate" shall have the same
10		meaning as provided in Title 89, Chapter I, subchapter d, Part
11		148, Section 148.120 of the Illinois Administrative Code.
12		"Rural" shall have the same meaning as provided in Title
13		89, Chapter I, subchapter d, Part 148, Section 148.25(g)(3) of
14		the Illinois Administrative Code.
15		"Urban" shall have the same meaning as provided in Title
16		89, Chapter I, subchapter d, Part 148, Section 148.25(g)(4) of
17		the Illinois Administrative Code.
18		(Source: P.A. 96-37, eff. 7-13-09.)
19		(20 ILCS 2310/2310-641)
20		(Section scheduled to be repealed on December 31, 2012)
21		Sec. 2310-641 2310-640. Neonatal Diabetes Mellitus
22		Registry Pilot Program.
23		(a) In this Section, "neonatal diabetes mellitus research
24		institution" means an Illinois academic medical research
25		institution that (i) conducts research in the area of diabetes

SB3733 Engrossed - 178 - LRB096 19592 AMC 34984 b
1		mellitus with onset before 12 months of age and (ii) is
2		functioning in this capacity as of the effective date of this
3		amendatory Act of the 96th General Assembly.
4		(b) The Department, subject to appropriation or other funds
5		made available for this purpose, shall develop and implement a
6		3-year pilot program to create and maintain a monogenic
7		neonatal diabetes mellitus registry. The Department shall
8		create an electronic registry to track the glycosylated
9		hemoglobin level of each person with monogenic neonatal
10		diabetes who has a laboratory test to determine that level
11		performed by a physician or healthcare provider or at a
12		clinical laboratory in this State. The Department shall
13		facilitate collaborations between participating physicians and
14		other healthcare providers and the Kovler Diabetes Center at
15		the University of Chicago in order to assist participating
16		physicians and other healthcare providers with genetic testing
17		and follow-up care for participating patients.
18		The goals of the registry are as follows:
19		(1) to help identify new and existing patients with
20		neonatal diabetes;
21		(2) to provide a clearinghouse of information for
22		individuals, their families, and doctors about these
23		syndromes;
24		(3) to keep track of patients with these mutations who
25		are being treated with sulfonylurea drugs and their
26		treatment outcomes; and

SB3733 Engrossed - 179 - LRB096 19592 AMC 34984 b
1		(4) to help identify new genes responsible for
2		diabetes.
3		(c) Physicians licensed to practice medicine in all its
4		branches and other healthcare providers treating a patient in
5		this State with diabetes mellitus with onset before 12 months
6		of age shall report to the Department the following information
7		from all such cases no more than 30 days after diagnosis: the
8		name of the physician, the name of the patient, the birthdate
9		of the patient, the patient's age at the onset of diabetes, the
10		patient's birth weight, the patient's blood sugar level at the
11		onset of diabetes, any family history of diabetes of any type,
12		and any other pertinent medical history of the patient.
13		Clinical laboratories performing glycosylated hemoglobin tests
14		in this State as of the effective date of this amendatory Act
15		of the 96th General Assembly for patients with diabetes
16		mellitus with onset before 12 months of age must report the
17		results of each test that the laboratory performs to the
18		Department within 30 days after performing such test.
19		(d) The Department shall create for dissemination to
20		physicians, healthcare providers, and clinical laboratories
21		performing glycosylated hemoglobin tests for patients with
22		monogenic neonatal diabetes mellitus a consent form. The
23		physician, healthcare provider, or laboratory shall obtain the
24		written informed consent of the patient to the disclosure of
25		the patient's information. At initial consultation, the
26		physician, healthcare provider, or laboratory representative

SB3733 Engrossed - 180 - LRB096 19592 AMC 34984 b
1		shall provide the patient with a copy of the consent form and
2		orally review the form together with the patient in order to
3		obtain the informed consent of the patient and the physician's,
4		or healthcare provider's, or laboratory's agreement to
5		participate in the pilot program. A copy of the informed
6		consent document, signed and dated by the client and by the
7		physician, healthcare provider, or laboratory representative
8		must be kept in each client's chart. The consent form shall
9		contain the following:
10		(1) an explanation of the pilot program's purpose and
11		protocol;
12		(2) an explanation of the privacy provisions set forth
13		in subsections (f) and (g) of this Section; and
14		(3) signature lines for the physician, healthcare
15		provider, or laboratory representative and for the patient
16		to indicate in writing their agreement to participate in
17		the pilot program.
18		(e) The Department shall allow access of the registry to
19		neonatal diabetes mellitus research institutions participating
20		in the pilot program. The Department and the participating
21		neonatal diabetes mellitus research institution shall do the
22		following:
23		(1) compile results submitted under subsection (c) of
24		this Section in order to track:
25		(A) the prevalence and incidence of monogenic
26		neonatal diabetes mellitus among people tested in this

SB3733 Engrossed - 181 - LRB096 19592 AMC 34984 b
1		State;
2		(B) the level of control the patients in each
3		demographic group exert over the monogenic neonatal
4		diabetes mellitus;
5		(C) the trends of new diagnoses of monogenic
6		neonatal diabetes mellitus in this State; and
7		(D) the health care costs associated with diabetes
8		mellitus; and
9		(2) promote discussion and public information programs
10		regarding monogenic neonatal diabetes mellitus.
11		(f) Reports, records, and information obtained under this
12		Section are confidential, privileged, not subject to
13		disclosure, and not subject to subpoena and may not otherwise
14		be released or made public except as provided by this Section.
15		The reports, records, and information obtained under this
16		Section are for the confidential use of the Department and the
17		participating neonatal diabetes mellitus research institutions
18		and the persons or public or private entities that the
19		Department determine are necessary to carry out the intent of
20		this Section. No duty to report under this Section exists if
21		the patient's legal representative refuses written informed
22		consent to report. Medical or epidemiological information may
23		be released as follows:
24		(1) for statistical purposes in a manner that prevents
25		identification of individuals, health care facilities,
26		clinical laboratories, or health care practitioners;

SB3733 Engrossed - 182 - LRB096 19592 AMC 34984 b
1		(2) with the consent of each person identified in the
2		information; or
3		(3) to promote diabetes mellitus research, including
4		release of information to other diabetes registries and
5		appropriate State and federal agencies, under rules
6		adopted by the Department to ensure confidentiality as
7		required by State and federal laws.
8		(g) An employee of this State or a participating neonatal
9		diabetes mellitus research institution may not testify in a
10		civil, criminal, special, or other proceeding as to the
11		existence or contents of records, reports, or information
12		concerning an individual whose medical records have been used
13		in submitting data required under this Section unless the
14		individual consents in advance.
15		(h) Not later than December 1, 2012, the Department shall
16		submit a report to the General Assembly regarding the pilot
17		program that includes the following:
18		(1) an evaluation of the effectiveness of the pilot
19		program; and
20		(2) a recommendation to continue, expand, or eliminate
21		the pilot program.
22		(i) The Department shall adopt rules to implement the pilot
23		program, including rules to govern the format and method of
24		collecting glycosylated hemoglobin data, in accordance with
25		the Illinois Administrative Procedure Act.
26		(j) This Section is repealed on December 31, 2012.

SB3733 Engrossed - 183 - LRB096 19592 AMC 34984 b
1		(Source: P.A. 96-395, eff. 8-13-09; revised 9-15-09.)
2		Section 90. The Disabilities Services Act of 2003 is
3		amended by renumbering the heading of Article IV as follows:
4		(20 ILCS 2407/Art. 4 heading)
5		ARTICLE 4 IV . RAPID REINTEGRATION PILOT PROGRAM
6		(Source: P.A. 96-810, eff. 10-30-09; revised 11-24-09.)
7		Section 95. The Criminal Identification Act is amended by
8		changing Section 5 as follows:
9		(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
10		Sec. 5. Arrest reports. (a) All policing bodies of this
11		State shall furnish to the Department, daily, in the form and
12		detail the Department requires, fingerprints and descriptions
13		of all persons who are arrested on charges of violating any
14		penal statute of this State for offenses that are classified as
15		felonies and Class A or B misdemeanors and of all minors of the
16		age of 10 and over who have been arrested for an offense which
17		would be a felony if committed by an adult, and may forward
18		such fingerprints and descriptions for minors arrested for
19		Class A or B misdemeanors. Moving or nonmoving traffic
20		violations under the Illinois Vehicle Code shall not be
21		reported except for violations of Chapter 4, Section 11-204.1,
22		or Section 11-501 of that Code. In addition, conservation

SB3733 Engrossed - 184 - LRB096 19592 AMC 34984 b
1		offenses, as defined in the Supreme Court Rule 501(c), that are
2		classified as Class B misdemeanors shall not be reported. Those
3		law enforcement records maintained by the Department for minors
4		arrested for an offense prior to their 17th birthday, or minors
5		arrested for a non-felony offense, if committed by an adult,
6		prior to their 18th birthday, shall not be forwarded to the
7		Federal Bureau of Investigation unless those records relate to
8		an arrest in which a minor was charged as an adult under any of
9		the transfer provisions of the Juvenile Court Act of 1987.
10		(Source: P.A. 95-955, eff. 1-1-09; 96-328, eff. 8-11-09;
11		96-409, eff. 1-1-10; 96-707, eff. 1-1-10; revised 10-6-09.)
12		Section 100. The Department of Transportation Law of the
13		Civil Administrative Code of Illinois is amended by setting
14		forth and renumbering multiple versions of Section 2705-590 as
15		follows:
16		(20 ILCS 2705/2705-590)
17		Sec. 2705-590. Roadbuilding criteria; life-cycle cost
18		analysis.
19		(a) As used in this Section, "life-cycle cost" means the
20		total of the cost of the initial project plus all anticipated
21		future costs over the life of the pavement. Actual, relevant
22		data, and not assumptions or estimates, shall be used to the
23		extent such data has been collected.
24		(b) The Department shall develop and implement a life-cycle

SB3733 Engrossed - 185 - LRB096 19592 AMC 34984 b
1		cost analysis for each State road project under its
2		jurisdiction for which the total pavement costs exceed $500,000
3		funded in whole, or in part, with State or State-appropriated
4		funds. The Department shall design and award these paving
5		projects utilizing material having the lowest life-cycle cost.
6		All pavement design life shall ensure that State and
7		State-appropriated funds are utilized as efficiently as
8		possible. When alternative material options are substantially
9		equivalent on a life-cycle cost basis, the Department may make
10		a decision based on other criteria. At the discretion of the
11		Department, interstate highways with high traffic volumes or
12		experimental projects may be exempt from this requirement.
13		(c) Except as otherwise provided in this Section, a
14		life-cycle cost analysis shall compare equivalent designs
15		based upon this State's actual historic project schedules and
16		costs as recorded by the pavement management system, and may
17		include estimates of user costs throughout the entire pavement
18		life.
19		(d) For pavement projects for which this State has no
20		actual historic project schedules and costs as recorded by the
21		pavement management system, the Department may use actual
22		historical and comparable data for equivalent designs from
23		states with similar climates, soil structures, or vehicle
24		traffic.
25		(Source: P.A. 96-715, eff. 8-25-09.)

SB3733 Engrossed - 186 - LRB096 19592 AMC 34984 b
1		(20 ILCS 2705/2705-593)
2		(This Section may contain text from a Public Act with a
3		delayed effective date)
4		Sec. 2705-593 2705-590. Office of Business and Workforce
5		Diversity.
6		(a) The Office of Business and Workforce Diversity is
7		established within the Department.
8		(b) The Office shall administer and be responsible for the
9		Department's efforts to achieve greater diversity in its
10		construction projects and in promoting equal opportunities
11		within the Department. The responsibilities of the Office shall
12		be administered between 2 distinct bureaus, designed to
13		establish policy, procedures, and monitoring efforts pursuant
14		to the governing regulations supporting minorities and those
15		supporting women in contracting and workforce activities.
16		(c) Applicant firms must be found eligible to be certified
17		as a Disadvantaged Business Enterprise (DBE) program under the
18		federal regulations contained in 49 CFR part 26 and part 23.
19		Only those businesses that are involved in highway
20		construction-related services (non-vertical), consultant, and
21		supplier/equipment rental/trucking services may be considered
22		for participation in the Department's DBE program. Once
23		certified, the firm's name shall be listed in the Illinois
24		Unified Certification Program's (IL UCP) DBE Directory
25		(Directory). The IL UCP's 5 participating agencies shall
26		maintain the Directory to provide a reference source to assist

SB3733 Engrossed - 187 - LRB096 19592 AMC 34984 b
1		bidders and proposers in meeting DBE contract goals. The
2		Directory shall list the firms in alphabetical order and
3		provides the industry categories/list and the districts in
4		which the firms have indicated they are available.
5		(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
6		for the effective date of changes made by P.A. 96-795); revised
7		12-2-09.)
8		Section 105. The Capital Development Board Act is amended
9		by changing Section 10.04 as follows:
10		(20 ILCS 3105/10.04) (from Ch. 127, par. 780.04)
11		Sec. 10.04. Construction and repair of buildings; green
12		building.
13		(a) To construct and repair, or contract for and supervise
14		the construction and repair of, buildings under the control of
15		or for the use of any State agency, as authorized by the
16		General Assembly. To the maximum extent feasible, any
17		construction or repair work shall utilize the best available
18		technologies for minimizing building energy costs as
19		determined through consultation with the Department of
20		Commerce and Economic Opportunity.
21		(b) (Repealed by Public Act 94-573). On and after the
22		effective date of this amendatory Act of the 94th General
23		Assembly, the Board shall initiate a series of training
24		workshops across the State to increase awareness and

SB3733 Engrossed - 188 - LRB096 19592 AMC 34984 b
1		understanding of green building techniques and green building
2		rating systems. The workshops shall be designed for relevant
3		State agency staff, construction industry personnel, and other
4		interested parties.
5		The Board shall identify no less than 3 construction
6		projects to serve as case studies for achieving certification
7		using nationally recognized and accepted green building
8		guidelines, standards, or systems approved by the State.
9		Consideration shall be given for a variety of representative
10		building types in different geographic regions of the State to
11		provide additional information and data related to the green
12		building design and construction process. The Board shall
13		report its findings to the General Assembly following the
14		completion of the case study projects and in no case later than
15		December 31, 2008.
16		The Board shall establish a Green Building Advisory
17		Committee to assist the Board in determining guidelines for
18		which State construction and major renovation projects should
19		be developed to green building standards. The guidelines should
20		take into account the size and type of buildings, financing
21		considerations, and other appropriate criteria. The guidelines
22		must take effect within 3 years after the effective date of
23		this amendatory Act of the 94th General Assembly and are
24		subject to Board approval or adoption. In addition to using a
25		green building rating system in the building design process,
26		the Committee shall consider the feasibility of requiring

SB3733 Engrossed - 189 - LRB096 19592 AMC 34984 b
1		certain State construction projects to be certified using a
2		green building rating system.
3		This subsection (b) of this Section is repealed on January
4		1, 2009.
5		(Source: P.A. 94-573, eff. 1-1-06; revised 10-30-09.)
6		Section 110. The Illinois Emergency Management Agency Act
7		is amended by changing Section 5 as follows:
8		(20 ILCS 3305/5) (from Ch. 127, par. 1055)
9		Sec. 5. Illinois Emergency Management Agency.
10		(a) There is created within the executive branch of the
11		State Government an Illinois Emergency Management Agency and a
12		Director of the Illinois Emergency Management Agency, herein
13		called the "Director" who shall be the head thereof. The
14		Director shall be appointed by the Governor, with the advice
15		and consent of the Senate, and shall serve for a term of 2
16		years beginning on the third Monday in January of the
17		odd-numbered year, and until a successor is appointed and has
18		qualified; except that the term of the first Director appointed
19		under this Act shall expire on the third Monday in January,
20		1989. The Director shall not hold any other remunerative public
21		office. The Director shall receive an annual salary as set by
22		the Compensation Review Board.
23		(b) The Illinois Emergency Management Agency shall obtain,
24		under the provisions of the Personnel Code, technical,

SB3733 Engrossed - 190 - LRB096 19592 AMC 34984 b
1		clerical, stenographic and other administrative personnel, and
2		may make expenditures within the appropriation therefor as may
3		be necessary to carry out the purpose of this Act. The agency
4		created by this Act is intended to be a successor to the agency
5		created under the Illinois Emergency Services and Disaster
6		Agency Act of 1975 and the personnel, equipment, records, and
7		appropriations of that agency are transferred to the successor
8		agency as of the effective date of this Act.
9		(c) The Director, subject to the direction and control of
10		the Governor, shall be the executive head of the Illinois
11		Emergency Management Agency and the State Emergency Response
12		Commission and shall be responsible under the direction of the
13		Governor, for carrying out the program for emergency management
14		of this State. The Director shall also maintain liaison and
15		cooperate with the emergency management organizations of this
16		State and other states and of the federal government.
17		(d) The Illinois Emergency Management Agency shall take an
18		integral part in the development and revision of political
19		subdivision emergency operations plans prepared under
20		paragraph (f) of Section 10. To this end it shall employ or
21		otherwise secure the services of professional and technical
22		personnel capable of providing expert assistance to the
23		emergency services and disaster agencies. These personnel
24		shall consult with emergency services and disaster agencies on
25		a regular basis and shall make field examinations of the areas,
26		circumstances, and conditions that particular political

SB3733 Engrossed - 191 - LRB096 19592 AMC 34984 b
1		subdivision emergency operations plans are intended to apply.
2		(e) The Illinois Emergency Management Agency and political
3		subdivisions shall be encouraged to form an emergency
4		management advisory committee composed of private and public
5		personnel representing the emergency management phases of
6		mitigation, preparedness, response, and recovery. The Local
7		Emergency Planning Committee, as created under the Illinois
8		Emergency Planning and Community Right to Know Act, shall serve
9		as an advisory committee to the emergency services and disaster
10		agency or agencies serving within the boundaries of that Local
11		Emergency Planning Committee planning district for:
12		(1) the development of emergency operations plan
13		provisions for hazardous chemical emergencies; and
14		(2) the assessment of emergency response capabilities
15		related to hazardous chemical emergencies.
16		(f) The Illinois Emergency Management Agency shall:
17		(1) Coordinate the overall emergency management
18		program of the State.
19		(2) Cooperate with local governments, the federal
20		government and any public or private agency or entity in
21		achieving any purpose of this Act and in implementing
22		emergency management programs for mitigation,
23		preparedness, response, and recovery.
24		(2.5) Develop a comprehensive emergency preparedness
25		and response plan for any nuclear accident in accordance
26		with Section 65 of the Department of Nuclear Safety Law of

SB3733 Engrossed - 192 - LRB096 19592 AMC 34984 b
1		2004 (20 ILCS 3310) and in development of the Illinois
2		Nuclear Safety Preparedness program in accordance with
3		Section 8 of the Illinois Nuclear Safety Preparedness Act.
4		(2.6) Coordinate with the Department of Public Health
5		with respect to planning for and responding to public
6		health emergencies.
7		(3) Prepare, for issuance by the Governor, executive
8		orders, proclamations, and regulations as necessary or
9		appropriate in coping with disasters.
10		(4) Promulgate rules and requirements for political
11		subdivision emergency operations plans that are not
12		inconsistent with and are at least as stringent as
13		applicable federal laws and regulations.
14		(5) Review and approve, in accordance with Illinois
15		Emergency Management Agency rules, emergency operations
16		plans for those political subdivisions required to have an
17		emergency services and disaster agency pursuant to this
18		Act.
19		(5.5) Promulgate rules and requirements for the
20		political subdivision emergency management exercises,
21		including, but not limited to, exercises of the emergency
22		operations plans.
23		(5.10) Review, evaluate, and approve, in accordance
24		with Illinois Emergency Management Agency rules, political
25		subdivision emergency management exercises for those
26		political subdivisions required to have an emergency

SB3733 Engrossed - 193 - LRB096 19592 AMC 34984 b
1		services and disaster agency pursuant to this Act.
2		(6) Determine requirements of the State and its
3		political subdivisions for food, clothing, and other
4		necessities in event of a disaster.
5		(7) Establish a register of persons with types of
6		emergency management training and skills in mitigation,
7		preparedness, response, and recovery.
8		(8) Establish a register of government and private
9		response resources available for use in a disaster.
10		(9) Expand the Earthquake Awareness Program and its
11		efforts to distribute earthquake preparedness materials to
12		schools, political subdivisions, community groups, civic
13		organizations, and the media. Emphasis will be placed on
14		those areas of the State most at risk from an earthquake.
15		Maintain the list of all school districts, hospitals,
16		airports, power plants, including nuclear power plants,
17		lakes, dams, emergency response facilities of all types,
18		and all other major public or private structures which are
19		at the greatest risk of damage from earthquakes under
20		circumstances where the damage would cause subsequent harm
21		to the surrounding communities and residents.
22		(10) Disseminate all information, completely and
23		without delay, on water levels for rivers and streams and
24		any other data pertaining to potential flooding supplied by
25		the Division of Water Resources within the Department of
26		Natural Resources to all political subdivisions to the

SB3733 Engrossed - 194 - LRB096 19592 AMC 34984 b
1		maximum extent possible.
2		(11) Develop agreements, if feasible, with medical
3		supply and equipment firms to supply resources as are
4		necessary to respond to an earthquake or any other disaster
5		as defined in this Act. These resources will be made
6		available upon notifying the vendor of the disaster.
7		Payment for the resources will be in accordance with
8		Section 7 of this Act. The Illinois Department of Public
9		Health shall determine which resources will be required and
10		requested.
11		(11.5) In coordination with the Department of State
12		Police, develop and implement a community outreach program
13		to promote awareness among the State's parents and children
14		of child abduction prevention and response.
15		(12) Out of funds appropriated for these purposes,
16		award capital and non-capital grants to Illinois hospitals
17		or health care facilities located outside of a city with a
18		population in excess of 1,000,000 to be used for purposes
19		that include, but are not limited to, preparing to respond
20		to mass casualties and disasters, maintaining and
21		improving patient safety and quality of care, and
22		protecting the confidentiality of patient information. No
23		single grant for a capital expenditure shall exceed
24		$300,000. No single grant for a non-capital expenditure
25		shall exceed $100,000. In awarding such grants, preference
26		shall be given to hospitals that serve a significant number

SB3733 Engrossed - 195 - LRB096 19592 AMC 34984 b
1		of Medicaid recipients, but do not qualify for
2		disproportionate share hospital adjustment payments under
3		the Illinois Public Aid Code. To receive such a grant, a
4		hospital or health care facility must provide funding of at
5		least 50% of the cost of the project for which the grant is
6		being requested. In awarding such grants the Illinois
7		Emergency Management Agency shall consider the
8		recommendations of the Illinois Hospital Association.
9		(13) Do all other things necessary, incidental or
10		appropriate for the implementation of this Act.
11		(g) The Illinois Emergency Management Agency is authorized
12		to make grants to various higher education institutions for
13		safety and security improvements. For the purpose of this
14		subsection (g), "higher education institution" means a public
15		university, a public community college, or an independent,
16		not-for-profit or for-profit higher education institution
17		located in this State. Grants made under this subsection (g)
18		shall be paid out of moneys appropriated for that purpose from
19		the Build Illinois Bond Fund. The Illinois Emergency Management
20		Agency shall adopt rules to implement this subsection (g).
21		These rules may specify: (i) the manner of applying for grants;
22		(ii) project eligibility requirements; (iii) restrictions on
23		the use of grant moneys; (iv) the manner in which the various
24		higher education institutions must account for the use of grant
25		moneys; and (v) any other provision that the Illinois Emergency
26		Management Agency determines to be necessary or useful for the

SB3733 Engrossed - 196 - LRB096 19592 AMC 34984 b
1		administration of this subsection (g).
2		(Source: P.A. 96-800, eff. 10-30-09; 96-820, eff. 11-18-09;
3		revised 12-1-09.)
4		Section 115. The Illinois State Agency Historic Resources
5		Preservation Act is amended by changing Section 4 as follows:
6		(20 ILCS 3420/4) (from Ch. 127, par. 133c24)
7		Sec. 4. State agency undertakings.
8		(a) As early in the planning process as may be practicable
9		and prior to the approval of the final design or plan of any
10		undertaking by a State agency, or prior to the funding of any
11		undertaking by a State agency, or prior to an action of
12		approval or entitlement of any private undertaking by a State
13		agency, written notice of the project shall be given to the
14		Director either by the State agency or the recipients of its
15		funds, permits or licenses. The State agency shall consult with
16		the Director to determine the documentation requirements
17		necessary for identification and treatment of historic
18		resources. For the purposes of identification and evaluation of
19		historic resources, the Director may require archaeological
20		and historic investigations. Responsibility for notice and
21		documentation may be delegated by the State agency to a local
22		or private designee.
23		(b) Within 30 days after receipt of complete and correct
24		documentation of a proposed undertaking, the Director shall

SB3733 Engrossed - 197 - LRB096 19592 AMC 34984 b
1		review and comment to the agency on the likelihood that the
2		undertaking will have an adverse effect on a historic resource.
3		In the case of a private undertaking, the Director shall, not
4		later than 30 days following the receipt of an application with
5		complete documentation of the undertaking, either approve that
6		application allowing the undertaking to proceed or tender to
7		the applicant a written statement setting forth the reasons for
8		the requirement of an archaeological investigation. If there is
9		no action within 30 days after the filing of the application
10		with the complete documentation of the undertaking, the
11		applicant may deem the application approved and may proceed
12		with the undertaking. Thereafter, all requirements for
13		archaeological investigations are waived under this Act.
14		(c) If the Director finds that an undertaking will
15		adversely affect effect an historic resource or is inconsistent
16		with agency policies, the State agency shall consult with the
17		Director and shall discuss alternatives to the proposed
18		undertaking which could eliminate, minimize, or mitigate its
19		adverse effect. During the consultation process, the State
20		agency shall explore all feasible and prudent plans which
21		eliminate, minimize, or mitigate adverse effects on historic
22		resources. Grantees, permittees, licensees, or other parties
23		in interest and representatives of national, State, and local
24		units of government and public and private organizations may
25		participate in the consultation process. The process may
26		involve on-site inspections and public informational meetings

SB3733 Engrossed - 198 - LRB096 19592 AMC 34984 b
1		pursuant to regulations issued by the Historic Preservation
2		Agency.
3		(d) The State agency and the Director may agree that there
4		is a feasible and prudent alternative which eliminates,
5		minimizes, or mitigates the adverse effect of the undertaking.
6		Upon such agreement, or if the State agency and the Director
7		agree that there are no feasible and prudent alternatives which
8		eliminate, minimize, or mitigate the adverse effect, the
9		Director shall prepare a Memorandum of Agreement describing the
10		alternatives or stating the finding. The State agency may
11		proceed with the undertaking once a Memorandum of Agreement has
12		been signed by both the State agency and the Director.
13		(e) After the consultation process, the Director and the
14		State agency may fail to agree on the existence of a feasible
15		and prudent alternative which would eliminate, minimize, or
16		mitigate the adverse effect of the undertaking on the historic
17		resource. If no agreement is reached, the agency shall call a
18		public meeting in the county where the undertaking is proposed
19		within 60 days. If, within 14 days following conclusion of the
20		public meeting, the State agency and the Director fail to agree
21		on a feasible and prudent alternative, the proposed
22		undertaking, with supporting documentation, shall be submitted
23		to the Historic Preservation Mediation Committee. The document
24		shall be sufficient to identify each alternative considered by
25		the Agency and the Director during the consultation process and
26		the reason for its rejection.

SB3733 Engrossed - 199 - LRB096 19592 AMC 34984 b
1		(f) The Mediation Committee shall consist of the Director
2		and 5 persons appointed by the Director for terms of 3 years
3		each, each of whom shall be no lower in rank than a division
4		chief and each of whom shall represent a different State
5		agency. An agency that is a party to mediation shall be
6		notified of all hearings and deliberations and shall have the
7		right to participate in deliberations as a non-voting member of
8		the Committee. Within 30 days after submission of the proposed
9		undertaking, the Committee shall meet with the Director and the
10		submitting agency to review each alternative considered by the
11		State agency and the Director and to evaluate the existence of
12		a feasible and prudent alternative. In the event that the
13		Director and the submitting agency continue to disagree, the
14		Committee shall provide a statement of findings or comments
15		setting forth an alternative to the proposed undertaking or
16		stating the finding that there is no feasible or prudent
17		alternative. The State agency shall consider the written
18		comments of the Committee and shall respond in writing to the
19		Committee before proceeding with the undertaking.
20		(g) When an undertaking is being reviewed pursuant to
21		Section 106 of the National Historic Preservation Act of 1966,
22		the procedures of this law shall not apply and any review or
23		comment by the Director on such undertaking shall be within the
24		framework or procedures of the federal law. When an undertaking
25		involves a structure listed on the Illinois Register of
26		Historic Places, the rules and procedures of the Illinois

SB3733 Engrossed - 200 - LRB096 19592 AMC 34984 b
1		Historic Preservation Act shall apply. This subsection shall
2		not prevent the Illinois Historic Preservation Agency from
3		entering into an agreement with the Advisory Council on
4		Historic Preservation pursuant to Section 106 of the National
5		Historic Preservation Act to substitute this Act and its
6		procedures for procedures set forth in Council regulations
7		found in 36 C.F.R. Part 800.7. A State undertaking that is
8		necessary to prevent an immediate and imminent threat to life
9		or property shall be exempt from the requirements of this Act.
10		Where possible, the Director shall be consulted in the
11		determination of the exemption. In all cases, the agency shall
12		provide the Director with a statement of the reasons for the
13		exemption and shall have an opportunity to comment on the
14		exemption. The statement and the comments of the Director shall
15		be included in the annual report of the Historic Preservation
16		Agency as a guide to future actions. The provisions of this Act
17		do not apply to undertakings pursuant to the Illinois Oil and
18		Gas Act, the Surface-Mined Land Conservation and Reclamation
19		Act and the Surface Coal Mining Land Conservation and
20		Reclamation Act.
21		(Source: P.A. 86-707; 87-739; 87-847; 87-895; revised
22		10-30-09.)
23		Section 120. The Illinois Housing Development Act is
24		amended by changing Section 7 as follows:

SB3733 Engrossed - 201 - LRB096 19592 AMC 34984 b
1		(20 ILCS 3805/7) (from Ch. 67 1/2, par. 307)
2		Sec. 7. The Authority may exercise the powers set forth in
3		the following Sections preceding Section 8 7.1 through 7.26.
4		(Source: P.A. 87-250; revised 10-30-09.)
5		Section 125. The Illinois Power Agency Act is amended by
6		changing Sections 1-10 and 1-20 and by setting forth and
7		renumbering multiple versions of Section 1-56 as follows:
8		(20 ILCS 3855/1-10)
9		Sec. 1-10. Definitions.
10		"Agency" means the Illinois Power Agency.
11		"Agency loan agreement" means any agreement pursuant to
12		which the Illinois Finance Authority agrees to loan the
13		proceeds of revenue bonds issued with respect to a project to
14		the Agency upon terms providing for loan repayment installments
15		at least sufficient to pay when due all principal of, interest
16		and premium, if any, on those revenue bonds, and providing for
17		maintenance, insurance, and other matters in respect of the
18		project.
19		"Authority" means the Illinois Finance Authority.
20		"Clean coal facility" means an electric generating
21		facility that uses primarily coal as a feedstock and that
22		captures and sequesters carbon emissions at the following
23		levels: at least 50% of the total carbon emissions that the
24		facility would otherwise emit if, at the time construction

SB3733 Engrossed - 202 - LRB096 19592 AMC 34984 b
1		commences, the facility is scheduled to commence operation
2		before 2016, at least 70% of the total carbon emissions that
3		the facility would otherwise emit if, at the time construction
4		commences, the facility is scheduled to commence operation
5		during 2016 or 2017, and at least 90% of the total carbon
6		emissions that the facility would otherwise emit if, at the
7		time construction commences, the facility is scheduled to
8		commence operation after 2017. The power block of the clean
9		coal facility shall not exceed allowable emission rates for
10		sulfur dioxide, nitrogen oxides, carbon monoxide, particulates
11		and mercury for a natural gas-fired combined-cycle facility the
12		same size as and in the same location as the clean coal
13		facility at the time the clean coal facility obtains an
14		approved air permit. All coal used by a clean coal facility
15		shall have high volatile bituminous rank and greater than 1.7
16		pounds of sulfur per million btu content, unless the clean coal
17		facility does not use gasification technology and was operating
18		as a conventional coal-fired electric generating facility on
19		June 1, 2009 (the effective date of Public Act 95-1027).
20		"Clean coal SNG facility" means a facility that uses a
21		gasification process to produce substitute natural gas, that
22		sequesters at least 90% of the total carbon emissions that the
23		facility would otherwise emit and that uses petroleum coke or
24		coal as a feedstock, with all such coal having a high
25		bituminous rank and greater than 1.7 pounds of sulfur per
26		million btu content.

SB3733 Engrossed - 203 - LRB096 19592 AMC 34984 b
1		"Commission" means the Illinois Commerce Commission.
2		"Costs incurred in connection with the development and
3		construction of a facility" means:
4		(1) the cost of acquisition of all real property and
5		improvements in connection therewith and equipment and
6		other property, rights, and easements acquired that are
7		deemed necessary for the operation and maintenance of the
8		facility;
9		(2) financing costs with respect to bonds, notes, and
10		other evidences of indebtedness of the Agency;
11		(3) all origination, commitment, utilization,
12		facility, placement, underwriting, syndication, credit
13		enhancement, and rating agency fees;
14		(4) engineering, design, procurement, consulting,
15		legal, accounting, title insurance, survey, appraisal,
16		escrow, trustee, collateral agency, interest rate hedging,
17		interest rate swap, capitalized interest and other
18		financing costs, and other expenses for professional
19		services; and
20		(5) the costs of plans, specifications, site study and
21		investigation, installation, surveys, other Agency costs
22		and estimates of costs, and other expenses necessary or
23		incidental to determining the feasibility of any project,
24		together with such other expenses as may be necessary or
25		incidental to the financing, insuring, acquisition, and
26		construction of a specific project and placing that project

SB3733 Engrossed - 204 - LRB096 19592 AMC 34984 b
1		in operation.
2		"Department" means the Department of Commerce and Economic
3		Opportunity.
4		"Director" means the Director of the Illinois Power Agency.
5		"Demand-response" means measures that decrease peak
6		electricity demand or shift demand from peak to off-peak
7		periods.
8		"Energy efficiency" means measures that reduce the amount
9		of electricity or natural gas required to achieve a given end
10		use.
11		"Electric utility" has the same definition as found in
12		Section 16-102 of the Public Utilities Act.
13		"Facility" means an electric generating unit or a
14		co-generating unit that produces electricity along with
15		related equipment necessary to connect the facility to an
16		electric transmission or distribution system.
17		"Governmental aggregator" means one or more units of local
18		government that individually or collectively procure
19		electricity to serve residential retail electrical loads
20		located within its or their jurisdiction.
21		"Local government" means a unit of local government as
22		defined in Article VII of Section 1 of the Illinois
23		Constitution.
24		"Municipality" means a city, village, or incorporated
25		town.
26		"Person" means any natural person, firm, partnership,

SB3733 Engrossed - 205 - LRB096 19592 AMC 34984 b
1		corporation, either domestic or foreign, company, association,
2		limited liability company, joint stock company, or association
3		and includes any trustee, receiver, assignee, or personal
4		representative thereof.
5		"Project" means the planning, bidding, and construction of
6		a facility.
7		"Public utility" has the same definition as found in
8		Section 3-105 of the Public Utilities Act.
9		"Real property" means any interest in land together with
10		all structures, fixtures, and improvements thereon, including
11		lands under water and riparian rights, any easements,
12		covenants, licenses, leases, rights-of-way, uses, and other
13		interests, together with any liens, judgments, mortgages, or
14		other claims or security interests related to real property.
15		"Renewable energy credit" means a tradable credit that
16		represents the environmental attributes of a certain amount of
17		energy produced from a renewable energy resource.
18		"Renewable energy resources" includes energy and its
19		associated renewable energy credit or renewable energy credits
20		from wind, solar thermal energy, photovoltaic cells and panels,
21		biodiesel, crops and untreated and unadulterated organic waste
22		biomass, tree waste, hydropower that does not involve new
23		construction or significant expansion of hydropower dams, and
24		other alternative sources of environmentally preferable
25		energy. For purposes of this Act, landfill gas produced in the
26		State is considered a renewable energy resource. "Renewable

SB3733 Engrossed - 206 - LRB096 19592 AMC 34984 b
1		energy resources" does not include the incineration or burning
2		of tires, garbage, general household, institutional, and
3		commercial waste, industrial lunchroom or office waste,
4		landscape waste other than tree waste, railroad crossties,
5		utility poles, or construction or demolition debris, other than
6		untreated and unadulterated waste wood.
7		"Revenue bond" means any bond, note, or other evidence of
8		indebtedness issued by the Authority, the principal and
9		interest of which is payable solely from revenues or income
10		derived from any project or activity of the Agency.
11		"Sequester" means permanent storage of carbon dioxide by
12		injecting it into a saline aquifer, a depleted gas reservoir,
13		or an oil reservoir, directly or through an enhanced oil
14		recovery process that may involve intermediate storage in a
15		salt dome.
16		"Servicing agreement" means (i) in the case of an electric
17		utility, an agreement between the owner of a clean coal
18		facility and such electric utility, which agreement shall have
19		terms and conditions meeting the requirements of paragraph (3)
20		of subsection (d) of Section 1-75, and (ii) in the case of an
21		alternative retail electric supplier, an agreement between the
22		owner of a clean coal facility and such alternative retail
23		electric supplier, which agreement shall have terms and
24		conditions meeting the requirements of Section 16-115(d)(5) of
25		the Public Utilities Act.
26		"Substitute natural gas" or "SNG" means a gas manufactured

SB3733 Engrossed - 207 - LRB096 19592 AMC 34984 b
1		by gasification of hydrocarbon feedstock, which is
2		substantially interchangeable in use and distribution with
3		conventional natural gas.
4		"Total resource cost test" or "TRC test" means a standard
5		that is met if, for an investment in energy efficiency or
6		demand-response measures, the benefit-cost ratio is greater
7		than one. The benefit-cost ratio is the ratio of the net
8		present value of the total benefits of the program to the net
9		present value of the total costs as calculated over the
10		lifetime of the measures. A total resource cost test compares
11		the sum of avoided electric utility costs, representing the
12		benefits that accrue to the system and the participant in the
13		delivery of those efficiency measures, as well as other
14		quantifiable societal benefits, including avoided natural gas
15		utility costs, to the sum of all incremental costs of end-use
16		measures that are implemented due to the program (including
17		both utility and participant contributions), plus costs to
18		administer, deliver, and evaluate each demand-side program, to
19		quantify the net savings obtained by substituting the
20		demand-side program for supply resources. In calculating
21		avoided costs of power and energy that an electric utility
22		would otherwise have had to acquire, reasonable estimates shall
23		be included of financial costs likely to be imposed by future
24		regulations and legislation on emissions of greenhouse gases.
25		(Source: P.A. 95-481, eff. 8-28-07; 95-913, eff. 1-1-09;
26		95-1027, eff. 6-1-09; 96-33, eff. 7-10-09; 96-159, eff.

SB3733 Engrossed - 208 - LRB096 19592 AMC 34984 b
1		8-10-09; 96-784, eff. 8-28-09; revised 9-15-09.)
2		(20 ILCS 3855/1-20)
3		Sec. 1-20. General powers of the Agency.
4		(a) The Agency is authorized to do each of the following:
5		(1) Develop electricity procurement plans to ensure
6		adequate, reliable, affordable, efficient, and
7		environmentally sustainable electric service at the lowest
8		total cost over time, taking into account any benefits of
9		price stability, for electric utilities that on December
10		31, 2005 provided electric service to at least 100,000
11		customers in Illinois. The procurement plans shall be
12		updated on an annual basis and shall include electricity
13		generated from renewable resources sufficient to achieve
14		the standards specified in this Act.
15		(2) Conduct competitive procurement processes to
16		procure the supply resources identified in the procurement
17		plan, pursuant to Section 16-111.5 of the Public Utilities
18		Act.
19		(3) Develop electric generation and co-generation
20		facilities that use indigenous coal or renewable
21		resources, or both, financed with bonds issued by the
22		Illinois Finance Authority.
23		(4) Supply electricity from the Agency's facilities at
24		cost to one or more of the following: municipal electric
25		systems, governmental aggregators, or rural electric

SB3733 Engrossed - 209 - LRB096 19592 AMC 34984 b
1		cooperatives in Illinois.
2		(b) Except as otherwise limited by this Act, the Agency has
3		all of the powers necessary or convenient to carry out the
4		purposes and provisions of this Act, including without
5		limitation, each of the following:
6		(1) To have a corporate seal, and to alter that seal at
7		pleasure, and to use it by causing it or a facsimile to be
8		affixed or impressed or reproduced in any other manner.
9		(2) To use the services of the Illinois Finance
10		Authority necessary to carry out the Agency's purposes.
11		(3) To negotiate and enter into loan agreements and
12		other agreements with the Illinois Finance Authority.
13		(4) To obtain and employ personnel and hire consultants
14		that are necessary to fulfill the Agency's purposes, and to
15		make expenditures for that purpose within the
16		appropriations for that purpose.
17		(5) To purchase, receive, take by grant, gift, devise,
18		bequest, or otherwise, lease, or otherwise acquire, own,
19		hold, improve, employ, use, and otherwise deal in and with,
20		real or personal property whether tangible or intangible,
21		or any interest therein, within the State.
22		(6) To acquire real or personal property, whether
23		tangible or intangible, including without limitation
24		property rights, interests in property, franchises,
25		obligations, contracts, and debt and equity securities,
26		and to do so by the exercise of the power of eminent domain

SB3733 Engrossed - 210 - LRB096 19592 AMC 34984 b
1		in accordance with Section 1-21; except that any real
2		property acquired by the exercise of the power of eminent
3		domain must be located within the State.
4		(7) To sell, convey, lease, exchange, transfer,
5		abandon, or otherwise dispose of, or mortgage, pledge, or
6		create a security interest in, any of its assets,
7		properties, or any interest therein, wherever situated.
8		(8) To purchase, take, receive, subscribe for, or
9		otherwise acquire, hold, make a tender offer for, vote,
10		employ, sell, lend, lease, exchange, transfer, or
11		otherwise dispose of, mortgage, pledge, or grant a security
12		interest in, use, and otherwise deal in and with, bonds and
13		other obligations, shares, or other securities (or
14		interests therein) issued by others, whether engaged in a
15		similar or different business or activity.
16		(9) To make and execute agreements, contracts, and
17		other instruments necessary or convenient in the exercise
18		of the powers and functions of the Agency under this Act,
19		including contracts with any person, local government,
20		State agency, or other entity; and all State agencies and
21		all local governments are authorized to enter into and do
22		all things necessary to perform any such agreement,
23		contract, or other instrument with the Agency. No such
24		agreement, contract, or other instrument shall exceed 40
25		years.
26		(10) To lend money, invest and reinvest its funds in

SB3733 Engrossed - 211 - LRB096 19592 AMC 34984 b
1		accordance with the Public Funds Investment Act, and take
2		and hold real and personal property as security for the
3		payment of funds loaned or invested.
4		(11) To borrow money at such rate or rates of interest
5		as the Agency may determine, issue its notes, bonds, or
6		other obligations to evidence that indebtedness, and
7		secure any of its obligations by mortgage or pledge of its
8		real or personal property, machinery, equipment,
9		structures, fixtures, inventories, revenues, grants, and
10		other funds as provided or any interest therein, wherever
11		situated.
12		(12) To enter into agreements with the Illinois Finance
13		Authority to issue bonds whether or not the income
14		therefrom is exempt from federal taxation.
15		(13) To procure insurance against any loss in
16		connection with its properties or operations in such amount
17		or amounts and from such insurers, including the federal
18		government, as it may deem necessary or desirable, and to
19		pay any premiums therefor.
20		(14) To negotiate and enter into agreements with
21		trustees or receivers appointed by United States
22		bankruptcy courts or federal district courts or in other
23		proceedings involving adjustment of debts and authorize
24		proceedings involving adjustment of debts and authorize
25		legal counsel for the Agency to appear in any such
26		proceedings.

SB3733 Engrossed - 212 - LRB096 19592 AMC 34984 b
1		(15) To file a petition under Chapter 9 of Title 11 of
2		the United States Bankruptcy Code or take other similar
3		action for the adjustment of its debts.
4		(16) To enter into management agreements for the
5		operation of any of the property or facilities owned by the
6		Agency.
7		(17) To enter into an agreement to transfer and to
8		transfer any land, facilities, fixtures, or equipment of
9		the Agency to one or more municipal electric systems,
10		governmental aggregators, or rural electric agencies or
11		cooperatives, for such consideration and upon such terms as
12		the Agency may determine to be in the best interest of the
13		citizens of Illinois.
14		(18) To enter upon any lands and within any building
15		whenever in its judgment it may be necessary for the
16		purpose of making surveys and examinations to accomplish
17		any purpose authorized by this Act.
18		(19) To maintain an office or offices at such place or
19		places in the State as it may determine.
20		(20) To request information, and to make any inquiry,
21		investigation, survey, or study that the Agency may deem
22		necessary to enable it effectively to carry out the
23		provisions of this Act.
24		(21) To accept and expend appropriations.
25		(22) To engage in any activity or operation that is
26		incidental to and in furtherance of efficient operation to

SB3733 Engrossed - 213 - LRB096 19592 AMC 34984 b
1		accomplish the Agency's purposes.
2		(23) To adopt, revise, amend, and repeal rules with
3		respect to its operations, properties, and facilities as
4		may be necessary or convenient to carry out the purposes of
5		this Act, subject to the provisions of the Illinois
6		Administrative Procedure Act and Sections 1-22 and 1-35 of
7		this Act.
8		(24) To establish and collect charges and fees as
9		described in this Act.
10		(25) To manage procurement of substitute natural gas
11		from a facility that meets the criteria specified in
12		subsection (a) of Section 1-58 1-56 of this Act, on terms
13		and conditions that may be approved by the Agency pursuant
14		to subsection (d) of Section 1-58 1-56 of this Act, to
15		support the operations of State agencies and local
16		governments that agree to such terms and conditions. This
17		procurement process is not subject to the Procurement Code.
18		(Source: P.A. 95-481, eff. 8-28-07; 96-784, eff. 8-28-09;
19		revised 10-13-09.)
20		(20 ILCS 3855/1-56)
21		Sec. 1-56. Illinois Power Agency Renewable Energy
22		Resources Fund.
23		(a) The Illinois Power Agency Renewable Energy Resources
24		Fund is created as a special fund in the State treasury.
25		(b) The Illinois Power Agency Renewable Energy Resources

SB3733 Engrossed - 214 - LRB096 19592 AMC 34984 b
1		Fund shall be administered by the Agency to procure renewable
2		energy resources. Prior to June 1, 2011, resources procured
3		pursuant to this Section shall be procured from facilities
4		located in Illinois, provided the resources are available from
5		those facilities. If resources are not available in Illinois,
6		then they shall be procured in states that adjoin Illinois. If
7		resources are not available in Illinois or in states that
8		adjoin Illinois, then they may be purchased elsewhere.
9		Beginning June 1, 2011, resources procured pursuant to this
10		Section shall be procured from facilities located in Illinois
11		or states that adjoin Illinois. If resources are not available
12		in Illinois or in states that adjoin Illinois, then they may be
13		procured elsewhere. To the extent available, at least 75% of
14		these renewable energy resources shall come from wind
15		generation and, starting June 1, 2015, at least 6% of the
16		renewable energy resources used to meet these standards shall
17		come from solar photovoltaics.
18		(c) The Agency shall procure renewable energy resources at
19		least once each year in conjunction with a procurement event
20		for electric utilities required to comply with Section 1-75 of
21		the Act and shall, whenever possible, enter into long-term
22		contracts.
23		(d) The price paid to procure renewable energy credits
24		using monies from the Illinois Power Agency Renewable Energy
25		Resources Fund shall not exceed the winning bid prices paid for
26		like resources procured for electric utilities required to

SB3733 Engrossed - 215 - LRB096 19592 AMC 34984 b
1		comply with Section 1-75 of this Act.
2		(e) All renewable energy credits procured using monies from
3		the Illinois Power Agency Renewable Energy Resources Fund shall
4		be permanently retired.
5		(f) The procurement process described in this Section is
6		exempt from the requirements of the Illinois Procurement Code,
7		pursuant to Section 20-10 of that Code.
8		(g) All disbursements from the Illinois Power Agency
9		Renewable Energy Resources Fund shall be made only upon
10		warrants of the Comptroller drawn upon the Treasurer as
11		custodian of the Fund upon vouchers signed by the Director or
12		by the person or persons designated by the Director for that
13		purpose. The Comptroller is authorized to draw the warrant upon
14		vouchers so signed. The Treasurer shall accept all warrants so
15		signed and shall be released from liability for all payments
16		made on those warrants.
17		(h) The Illinois Power Agency Renewable Energy Resources
18		Fund shall not be subject to sweeps, administrative charges, or
19		chargebacks, including, but not limited to, those authorized
20		under Section 8h of the State Finance Act, that would in any
21		way result in the transfer of any funds from this Fund to any
22		other fund of this State or in having any such funds utilized
23		for any purpose other than the express purposes set forth in
24		this Section.
25		(Source: P.A. 96-159, eff. 8-10-09.)

SB3733 Engrossed - 216 - LRB096 19592 AMC 34984 b
1		(20 ILCS 3855/1-58)
2		Sec. 1-58 1-56. Clean coal SNG facility construction.
3		(a) It is the intention of the General Assembly to provide
4		additional long-term natural gas price stability to the State
5		and consumers by promoting the development of a clean coal SNG
6		facility that would produce a minimum annual output of 30 Bcf
7		of SNG and commence construction no later than June 1, 2013 on
8		a brownfield site in a municipality with at least one million
9		residents. The costs associated with preparing a facility cost
10		report for such a facility, which contains all of the
11		information required by subsection (b) of this Section, may be
12		paid or reimbursed pursuant to subsection (c) of this Section.
13		(b) The facility cost report for a facility that meets the
14		criteria set forth in subsection (a) of this Section shall be
15		prepared by a duly licensed engineering firm that details the
16		estimated capital costs payable to one or more contractors or
17		suppliers for the engineering, procurement, and construction
18		of the components comprising the facility and the estimated
19		costs of operation and maintenance of the facility. The report
20		must be provided to the General Assembly and the Agency on or
21		before April 30, 2010. The facility cost report shall include
22		all off the following:
23		(1) An estimate of the capital cost of the core plant
24		based on a front-end engineering and design study. The core
25		plant shall include all civil, structural, mechanical,
26		electrical, control, and safety systems. The quoted

SB3733 Engrossed - 217 - LRB096 19592 AMC 34984 b
1		construction costs shall be expressed in nominal dollars as
2		of the date that the quote is prepared and shall include:
3		(A) capitalized financing costs during
4		construction;
5		(B) taxes, insurance, and other owner's costs; and
6		(C) any assumed escalation in materials and labor
7		beyond the date as of which the construction cost quote
8		is expressed;
9		(2) An estimate of the capital cost of the balance of
10		the plant, including any capital costs associated with site
11		preparation and remediation, sequestration of carbon
12		dioxide emissions, and all interconnects and interfaces
13		required to operate the facility, such as construction or
14		backfeed power supply, pipelines to transport substitute
15		natural gas or carbon dioxide, potable water supply,
16		natural gas supply, water supply, water discharge,
17		landfill, access roads, and coal delivery. The front-end
18		engineering and design study and the cost study for the
19		balance of the plant shall include sufficient design work
20		to permit quantification of major categories of materials,
21		commodities and labor hours, and receipt of quotes from
22		vendors of major equipment required to construct and
23		operate the facility.
24		(3) An operating and maintenance cost quote that will
25		provide the estimated cost of delivered fuel, personnel,
26		maintenance contracts, chemicals, catalysts, consumables,

SB3733 Engrossed - 218 - LRB096 19592 AMC 34984 b
1		spares, and other fixed and variable operating and
2		maintenance costs. This quote is subject to the following
3		requirements:
4		(A) The delivered fuel cost estimate shall be
5		provided by a recognized third party expert or experts
6		in the fuel and transportation industries.
7		(B) The balance of the operating and maintenance
8		cost quote, excluding delivered fuel costs shall be
9		developed based on the inputs provided by a duly
10		licensed engineering firm performing the construction
11		cost quote, potential vendors under long-term service
12		agreements and plant operating agreements, or
13		recognized third-party plant operator or operators.
14		The operating and maintenance cost quote shall be
15		expressed in nominal dollars as of the date that the quote
16		is prepared and shall include (i) taxes, insurance, and
17		other owner's costs and (ii) any assumed escalation in
18		materials and labor beyond the date as of which the
19		operating and maintenance cost quote is expressed.
20		(c) Reasonable amounts paid or due to be paid by the owner
21		or owners of the clean coal SNG facility to third parties
22		unrelated to the owner or owners to prepare the facility cost
23		report will be reimbursed or paid up to $10 million through
24		Coal Development Bonds.
25		(d) The Agency shall review the facility report and based
26		on that report, consider whether to enter into long term

SB3733 Engrossed - 219 - LRB096 19592 AMC 34984 b
1		contracts to purchase SNG from the facility pursuant to Section
2		1-20 of this Act. To assist with its evaluation of the report,
3		the Agency may hire one or more experts or consultants, the
4		reasonable costs of which, not to exceed $250,000, shall be
5		paid for by the owner or owners of the clean coal SNG facility
6		submitting the facility cost report. The Agency may begin the
7		process of selecting such experts or consultants prior to
8		receipt of the facility cost report.
9		(Source: P.A. 96-781, eff. 8-28-09; 96-784, eff. 8-28-09;
10		revised 10-13-09.)
11		Section 130. The Illinois Health Facilities Planning Act is
12		amended by changing Sections 3 and 12 as follows:
13		(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
14		(Text of Section before amendment by P.A. 96-339)
15		(Section scheduled to be repealed on December 31, 2019)
16		Sec. 3. Definitions. As used in this Act:
17		"Health care facilities" means and includes the following
18		facilities and organizations:
19		1. An ambulatory surgical treatment center required to
20		be licensed pursuant to the Ambulatory Surgical Treatment
21		Center Act;
22		2. An institution, place, building, or agency required
23		to be licensed pursuant to the Hospital Licensing Act;
24		3. Skilled and intermediate long term care facilities

SB3733 Engrossed - 220 - LRB096 19592 AMC 34984 b
1		licensed under the Nursing Home Care Act;
2		4. Hospitals, nursing homes, ambulatory surgical
3		treatment centers, or kidney disease treatment centers
4		maintained by the State or any department or agency
5		thereof;
6		5. Kidney disease treatment centers, including a
7		free-standing hemodialysis unit required to be licensed
8		under the End Stage Renal Disease Facility Act;
9		6. An institution, place, building, or room used for
10		the performance of outpatient surgical procedures that is
11		leased, owned, or operated by or on behalf of an
12		out-of-state facility;
13		7. An institution, place, building, or room used for
14		provision of a health care category of service as defined
15		by the Board, including, but not limited to, cardiac
16		catheterization and open heart surgery; and
17		8. An institution, place, building, or room used for
18		provision of major medical equipment used in the direct
19		clinical diagnosis or treatment of patients, and whose
20		project cost is in excess of the capital expenditure
21		minimum.
22		This Act shall not apply to the construction of any new
23		facility or the renovation of any existing facility located on
24		any campus facility as defined in Section 5-5.8b of the
25		Illinois Public Aid Code, provided that the campus facility
26		encompasses 30 or more contiguous acres and that the new or

SB3733 Engrossed - 221 - LRB096 19592 AMC 34984 b
1		renovated facility is intended for use by a licensed
2		residential facility.
3		No federally owned facility shall be subject to the
4		provisions of this Act, nor facilities used solely for healing
5		by prayer or spiritual means.
6		No facility licensed under the Supportive Residences
7		Licensing Act or the Assisted Living and Shared Housing Act
8		shall be subject to the provisions of this Act.
9		No facility established and operating under the
10		Alternative Health Care Delivery Act as a children's respite
11		care center alternative health care model demonstration
12		program or as an Alzheimer's Disease Management Center
13		alternative health care model demonstration program shall be
14		subject to the provisions of this Act.
15		A facility designated as a supportive living facility that
16		is in good standing with the program established under Section
17		5-5.01a of the Illinois Public Aid Code shall not be subject to
18		the provisions of this Act.
19		This Act does not apply to facilities granted waivers under
20		Section 3-102.2 of the Nursing Home Care Act. However, if a
21		demonstration project under that Act applies for a certificate
22		of need to convert to a nursing facility, it shall meet the
23		licensure and certificate of need requirements in effect as of
24		the date of application.
25		This Act does not apply to a dialysis facility that
26		provides only dialysis training, support, and related services

SB3733 Engrossed - 222 - LRB096 19592 AMC 34984 b
1		to individuals with end stage renal disease who have elected to
2		receive home dialysis. This Act does not apply to a dialysis
3		unit located in a licensed nursing home that offers or provides
4		dialysis-related services to residents with end stage renal
5		disease who have elected to receive home dialysis within the
6		nursing home. The Board, however, may require these dialysis
7		facilities and licensed nursing homes to report statistical
8		information on a quarterly basis to the Board to be used by the
9		Board to conduct analyses on the need for proposed kidney
10		disease treatment centers.
11		This Act shall not apply to the closure of an entity or a
12		portion of an entity licensed under the Nursing Home Care Act,
13		with the exceptions of facilities operated by a county or
14		Illinois Veterans Homes, that elects to convert, in whole or in
15		part, to an assisted living or shared housing establishment
16		licensed under the Assisted Living and Shared Housing Act.
17		This Act does not apply to any change of ownership of a
18		healthcare facility that is licensed under the Nursing Home
19		Care Act, with the exceptions of facilities operated by a
20		county or Illinois Veterans Homes. Changes of ownership of
21		facilities licensed under the Nursing Home Care Act must meet
22		the requirements set forth in Sections 3-101 through 3-119 of
23		the Nursing Home Care Act.
24		With the exception of those health care facilities
25		specifically included in this Section, nothing in this Act
26		shall be intended to include facilities operated as a part of

SB3733 Engrossed - 223 - LRB096 19592 AMC 34984 b
1		the practice of a physician or other licensed health care
2		professional, whether practicing in his individual capacity or
3		within the legal structure of any partnership, medical or
4		professional corporation, or unincorporated medical or
5		professional group. Further, this Act shall not apply to
6		physicians or other licensed health care professional's
7		practices where such practices are carried out in a portion of
8		a health care facility under contract with such health care
9		facility by a physician or by other licensed health care
10		professionals, whether practicing in his individual capacity
11		or within the legal structure of any partnership, medical or
12		professional corporation, or unincorporated medical or
13		professional groups. This Act shall apply to construction or
14		modification and to establishment by such health care facility
15		of such contracted portion which is subject to facility
16		licensing requirements, irrespective of the party responsible
17		for such action or attendant financial obligation.
18		"Person" means any one or more natural persons, legal
19		entities, governmental bodies other than federal, or any
20		combination thereof.
21		"Consumer" means any person other than a person (a) whose
22		major occupation currently involves or whose official capacity
23		within the last 12 months has involved the providing,
24		administering or financing of any type of health care facility,
25		(b) who is engaged in health research or the teaching of
26		health, (c) who has a material financial interest in any

SB3733 Engrossed - 224 - LRB096 19592 AMC 34984 b
1		activity which involves the providing, administering or
2		financing of any type of health care facility, or (d) who is or
3		ever has been a member of the immediate family of the person
4		defined by (a), (b), or (c).
5		"State Board" or "Board" means the Health Facilities and
6		Services Review Board.
7		"Construction or modification" means the establishment,
8		erection, building, alteration, reconstruction, modernization,
9		improvement, extension, discontinuation, change of ownership,
10		of or by a health care facility, or the purchase or acquisition
11		by or through a health care facility of equipment or service
12		for diagnostic or therapeutic purposes or for facility
13		administration or operation, or any capital expenditure made by
14		or on behalf of a health care facility which exceeds the
15		capital expenditure minimum; however, any capital expenditure
16		made by or on behalf of a health care facility for (i) the
17		construction or modification of a facility licensed under the
18		Assisted Living and Shared Housing Act or (ii) a conversion
19		project undertaken in accordance with Section 30 of the Older
20		Adult Services Act shall be excluded from any obligations under
21		this Act.
22		"Establish" means the construction of a health care
23		facility or the replacement of an existing facility on another
24		site or the initiation of a category of service as defined by
25		the Board.
26		"Major medical equipment" means medical equipment which is

SB3733 Engrossed - 225 - LRB096 19592 AMC 34984 b
1		used for the provision of medical and other health services and
2		which costs in excess of the capital expenditure minimum,
3		except that such term does not include medical equipment
4		acquired by or on behalf of a clinical laboratory to provide
5		clinical laboratory services if the clinical laboratory is
6		independent of a physician's office and a hospital and it has
7		been determined under Title XVIII of the Social Security Act to
8		meet the requirements of paragraphs (10) and (11) of Section
9		1861(s) of such Act. In determining whether medical equipment
10		has a value in excess of the capital expenditure minimum, the
11		value of studies, surveys, designs, plans, working drawings,
12		specifications, and other activities essential to the
13		acquisition of such equipment shall be included.
14		"Capital Expenditure" means an expenditure: (A) made by or
15		on behalf of a health care facility (as such a facility is
16		defined in this Act); and (B) which under generally accepted
17		accounting principles is not properly chargeable as an expense
18		of operation and maintenance, or is made to obtain by lease or
19		comparable arrangement any facility or part thereof or any
20		equipment for a facility or part; and which exceeds the capital
21		expenditure minimum.
22		For the purpose of this paragraph, the cost of any studies,
23		surveys, designs, plans, working drawings, specifications, and
24		other activities essential to the acquisition, improvement,
25		expansion, or replacement of any plant or equipment with
26		respect to which an expenditure is made shall be included in

SB3733 Engrossed - 226 - LRB096 19592 AMC 34984 b
1		determining if such expenditure exceeds the capital
2		expenditures minimum. Unless otherwise interdependent, or
3		submitted as one project by the applicant, components of
4		construction or modification undertaken by means of a single
5		construction contract or financed through the issuance of a
6		single debt instrument shall not be grouped together as one
7		project. Donations of equipment or facilities to a health care
8		facility which if acquired directly by such facility would be
9		subject to review under this Act shall be considered capital
10		expenditures, and a transfer of equipment or facilities for
11		less than fair market value shall be considered a capital
12		expenditure for purposes of this Act if a transfer of the
13		equipment or facilities at fair market value would be subject
14		to review.
15		"Capital expenditure minimum" means $11,500,000 for
16		projects by hospital applicants, $6,500,000 for applicants for
17		projects related to skilled and intermediate care long-term
18		care facilities licensed under the Nursing Home Care Act, and
19		$3,000,000 for projects by all other applicants, which shall be
20		annually adjusted to reflect the increase in construction costs
21		due to inflation, for major medical equipment and for all other
22		capital expenditures.
23		"Non-clinical service area" means an area (i) for the
24		benefit of the patients, visitors, staff, or employees of a
25		health care facility and (ii) not directly related to the
26		diagnosis, treatment, or rehabilitation of persons receiving

SB3733 Engrossed - 227 - LRB096 19592 AMC 34984 b
1		services from the health care facility. "Non-clinical service
2		areas" include, but are not limited to, chapels; gift shops;
3		news stands; computer systems; tunnels, walkways, and
4		elevators; telephone systems; projects to comply with life
5		safety codes; educational facilities; student housing;
6		patient, employee, staff, and visitor dining areas;
7		administration and volunteer offices; modernization of
8		structural components (such as roof replacement and masonry
9		work); boiler repair or replacement; vehicle maintenance and
10		storage facilities; parking facilities; mechanical systems for
11		heating, ventilation, and air conditioning; loading docks; and
12		repair or replacement of carpeting, tile, wall coverings,
13		window coverings or treatments, or furniture. Solely for the
14		purpose of this definition, "non-clinical service area" does
15		not include health and fitness centers.
16		"Areawide" means a major area of the State delineated on a
17		geographic, demographic, and functional basis for health
18		planning and for health service and having within it one or
19		more local areas for health planning and health service. The
20		term "region", as contrasted with the term "subregion", and the
21		word "area" may be used synonymously with the term "areawide".
22		"Local" means a subarea of a delineated major area that on
23		a geographic, demographic, and functional basis may be
24		considered to be part of such major area. The term "subregion"
25		may be used synonymously with the term "local".
26		"Physician" means a person licensed to practice in

SB3733 Engrossed - 228 - LRB096 19592 AMC 34984 b
1		accordance with the Medical Practice Act of 1987, as amended.
2		"Licensed health care professional" means a person
3		licensed to practice a health profession under pertinent
4		licensing statutes of the State of Illinois.
5		"Director" means the Director of the Illinois Department of
6		Public Health.
7		"Agency" means the Illinois Department of Public Health.
8		"Alternative health care model" means a facility or program
9		authorized under the Alternative Health Care Delivery Act.
10		"Out-of-state facility" means a person that is both (i)
11		licensed as a hospital or as an ambulatory surgery center under
12		the laws of another state or that qualifies as a hospital or an
13		ambulatory surgery center under regulations adopted pursuant
14		to the Social Security Act and (ii) not licensed under the
15		Ambulatory Surgical Treatment Center Act, the Hospital
16		Licensing Act, or the Nursing Home Care Act. Affiliates of
17		out-of-state facilities shall be considered out-of-state
18		facilities. Affiliates of Illinois licensed health care
19		facilities 100% owned by an Illinois licensed health care
20		facility, its parent, or Illinois physicians licensed to
21		practice medicine in all its branches shall not be considered
22		out-of-state facilities. Nothing in this definition shall be
23		construed to include an office or any part of an office of a
24		physician licensed to practice medicine in all its branches in
25		Illinois that is not required to be licensed under the
26		Ambulatory Surgical Treatment Center Act.

SB3733 Engrossed - 229 - LRB096 19592 AMC 34984 b
1		"Change of ownership of a health care facility" means a
2		change in the person who has ownership or control of a health
3		care facility's physical plant and capital assets. A change in
4		ownership is indicated by the following transactions: sale,
5		transfer, acquisition, lease, change of sponsorship, or other
6		means of transferring control.
7		"Related person" means any person that: (i) is at least 50%
8		owned, directly or indirectly, by either the health care
9		facility or a person owning, directly or indirectly, at least
10		50% of the health care facility; or (ii) owns, directly or
11		indirectly, at least 50% of the health care facility.
12		"Charity care" means care provided by a health care
13		facility for which the provider does not expect to receive
14		payment from the patient or a third-party payer.
15		"Freestanding emergency center" means a facility subject
16		to licensure under Section 32.5 of the Emergency Medical
17		Services (EMS) Systems Act.
18		(Source: P.A. 95-331, eff. 8-21-07; 95-543, eff. 8-28-07;
19		95-584, eff. 8-31-07; 95-727, eff. 6-30-08; 95-876, eff.
20		8-21-08; 96-31, eff. 6-30-09.)
21		(Text of Section after amendment by P.A. 96-339)
22		(Section scheduled to be repealed on December 31, 2019)
23		Sec. 3. Definitions. As used in this Act:
24		"Health care facilities" means and includes the following
25		facilities and organizations:

SB3733 Engrossed - 230 - LRB096 19592 AMC 34984 b
1		1. An ambulatory surgical treatment center required to
2		be licensed pursuant to the Ambulatory Surgical Treatment
3		Center Act;
4		2. An institution, place, building, or agency required
5		to be licensed pursuant to the Hospital Licensing Act;
6		3. Skilled and intermediate long term care facilities
7		licensed under the Nursing Home Care Act;
8		3.5. Skilled and intermediate care facilities licensed
9		under the MR/DD Community Care Act;
10		4. Hospitals, nursing homes, ambulatory surgical
11		treatment centers, or kidney disease treatment centers
12		maintained by the State or any department or agency
13		thereof;
14		5. Kidney disease treatment centers, including a
15		free-standing hemodialysis unit required to be licensed
16		under the End Stage Renal Disease Facility Act;
17		6. An institution, place, building, or room used for
18		the performance of outpatient surgical procedures that is
19		leased, owned, or operated by or on behalf of an
20		out-of-state facility;
21		7. An institution, place, building, or room used for
22		provision of a health care category of service as defined
23		by the Board, including, but not limited to, cardiac
24		catheterization and open heart surgery; and
25		8. An institution, place, building, or room used for
26		provision of major medical equipment used in the direct

SB3733 Engrossed - 231 - LRB096 19592 AMC 34984 b
1		clinical diagnosis or treatment of patients, and whose
2		project cost is in excess of the capital expenditure
3		minimum.
4		This Act shall not apply to the construction of any new
5		facility or the renovation of any existing facility located on
6		any campus facility as defined in Section 5-5.8b of the
7		Illinois Public Aid Code, provided that the campus facility
8		encompasses 30 or more contiguous acres and that the new or
9		renovated facility is intended for use by a licensed
10		residential facility.
11		No federally owned facility shall be subject to the
12		provisions of this Act, nor facilities used solely for healing
13		by prayer or spiritual means.
14		No facility licensed under the Supportive Residences
15		Licensing Act or the Assisted Living and Shared Housing Act
16		shall be subject to the provisions of this Act.
17		No facility established and operating under the
18		Alternative Health Care Delivery Act as a children's respite
19		care center alternative health care model demonstration
20		program or as an Alzheimer's Disease Management Center
21		alternative health care model demonstration program shall be
22		subject to the provisions of this Act.
23		A facility designated as a supportive living facility that
24		is in good standing with the program established under Section
25		5-5.01a of the Illinois Public Aid Code shall not be subject to
26		the provisions of this Act.

SB3733 Engrossed - 232 - LRB096 19592 AMC 34984 b
1		This Act does not apply to facilities granted waivers under
2		Section 3-102.2 of the Nursing Home Care Act. However, if a
3		demonstration project under that Act applies for a certificate
4		of need to convert to a nursing facility, it shall meet the
5		licensure and certificate of need requirements in effect as of
6		the date of application.
7		This Act does not apply to a dialysis facility that
8		provides only dialysis training, support, and related services
9		to individuals with end stage renal disease who have elected to
10		receive home dialysis. This Act does not apply to a dialysis
11		unit located in a licensed nursing home that offers or provides
12		dialysis-related services to residents with end stage renal
13		disease who have elected to receive home dialysis within the
14		nursing home. The Board, however, may require these dialysis
15		facilities and licensed nursing homes to report statistical
16		information on a quarterly basis to the Board to be used by the
17		Board to conduct analyses on the need for proposed kidney
18		disease treatment centers.
19		This Act shall not apply to the closure of an entity or a
20		portion of an entity licensed under the Nursing Home Care Act
21		or the MR/DD Community Care Act, with the exceptions of
22		facilities operated by a county or Illinois Veterans Homes,
23		that elects to convert, in whole or in part, to an assisted
24		living or shared housing establishment licensed under the
25		Assisted Living and Shared Housing Act.
26		This Act does not apply to any change of ownership of a

SB3733 Engrossed - 233 - LRB096 19592 AMC 34984 b
1		healthcare facility that is licensed under the Nursing Home
2		Care Act or the MR/DD Community Care Act, with the exceptions
3		of facilities operated by a county or Illinois Veterans Homes.
4		Changes of ownership of facilities licensed under the Nursing
5		Home Care Act must meet the requirements set forth in Sections
6		3-101 through 3-119 of the Nursing Home Care Act.
7		With the exception of those health care facilities
8		specifically included in this Section, nothing in this Act
9		shall be intended to include facilities operated as a part of
10		the practice of a physician or other licensed health care
11		professional, whether practicing in his individual capacity or
12		within the legal structure of any partnership, medical or
13		professional corporation, or unincorporated medical or
14		professional group. Further, this Act shall not apply to
15		physicians or other licensed health care professional's
16		practices where such practices are carried out in a portion of
17		a health care facility under contract with such health care
18		facility by a physician or by other licensed health care
19		professionals, whether practicing in his individual capacity
20		or within the legal structure of any partnership, medical or
21		professional corporation, or unincorporated medical or
22		professional groups. This Act shall apply to construction or
23		modification and to establishment by such health care facility
24		of such contracted portion which is subject to facility
25		licensing requirements, irrespective of the party responsible
26		for such action or attendant financial obligation.

SB3733 Engrossed - 234 - LRB096 19592 AMC 34984 b
1		"Person" means any one or more natural persons, legal
2		entities, governmental bodies other than federal, or any
3		combination thereof.
4		"Consumer" means any person other than a person (a) whose
5		major occupation currently involves or whose official capacity
6		within the last 12 months has involved the providing,
7		administering or financing of any type of health care facility,
8		(b) who is engaged in health research or the teaching of
9		health, (c) who has a material financial interest in any
10		activity which involves the providing, administering or
11		financing of any type of health care facility, or (d) who is or
12		ever has been a member of the immediate family of the person
13		defined by (a), (b), or (c).
14		"State Board" or "Board" means the Health Facilities and
15		Services Review Board.
16		"Construction or modification" means the establishment,
17		erection, building, alteration, reconstruction, modernization,
18		improvement, extension, discontinuation, change of ownership,
19		of or by a health care facility, or the purchase or acquisition
20		by or through a health care facility of equipment or service
21		for diagnostic or therapeutic purposes or for facility
22		administration or operation, or any capital expenditure made by
23		or on behalf of a health care facility which exceeds the
24		capital expenditure minimum; however, any capital expenditure
25		made by or on behalf of a health care facility for (i) the
26		construction or modification of a facility licensed under the

SB3733 Engrossed - 235 - LRB096 19592 AMC 34984 b
1		Assisted Living and Shared Housing Act or (ii) a conversion
2		project undertaken in accordance with Section 30 of the Older
3		Adult Services Act shall be excluded from any obligations under
4		this Act.
5		"Establish" means the construction of a health care
6		facility or the replacement of an existing facility on another
7		site or the initiation of a category of service as defined by
8		the Board.
9		"Major medical equipment" means medical equipment which is
10		used for the provision of medical and other health services and
11		which costs in excess of the capital expenditure minimum,
12		except that such term does not include medical equipment
13		acquired by or on behalf of a clinical laboratory to provide
14		clinical laboratory services if the clinical laboratory is
15		independent of a physician's office and a hospital and it has
16		been determined under Title XVIII of the Social Security Act to
17		meet the requirements of paragraphs (10) and (11) of Section
18		1861(s) of such Act. In determining whether medical equipment
19		has a value in excess of the capital expenditure minimum, the
20		value of studies, surveys, designs, plans, working drawings,
21		specifications, and other activities essential to the
22		acquisition of such equipment shall be included.
23		"Capital Expenditure" means an expenditure: (A) made by or
24		on behalf of a health care facility (as such a facility is
25		defined in this Act); and (B) which under generally accepted
26		accounting principles is not properly chargeable as an expense

SB3733 Engrossed - 236 - LRB096 19592 AMC 34984 b
1		of operation and maintenance, or is made to obtain by lease or
2		comparable arrangement any facility or part thereof or any
3		equipment for a facility or part; and which exceeds the capital
4		expenditure minimum.
5		For the purpose of this paragraph, the cost of any studies,
6		surveys, designs, plans, working drawings, specifications, and
7		other activities essential to the acquisition, improvement,
8		expansion, or replacement of any plant or equipment with
9		respect to which an expenditure is made shall be included in
10		determining if such expenditure exceeds the capital
11		expenditures minimum. Unless otherwise interdependent, or
12		submitted as one project by the applicant, components of
13		construction or modification undertaken by means of a single
14		construction contract or financed through the issuance of a
15		single debt instrument shall not be grouped together as one
16		project. Donations of equipment or facilities to a health care
17		facility which if acquired directly by such facility would be
18		subject to review under this Act shall be considered capital
19		expenditures, and a transfer of equipment or facilities for
20		less than fair market value shall be considered a capital
21		expenditure for purposes of this Act if a transfer of the
22		equipment or facilities at fair market value would be subject
23		to review.
24		"Capital expenditure minimum" means $11,500,000 for
25		projects by hospital applicants, $6,500,000 for applicants for
26		projects related to skilled and intermediate care long-term

SB3733 Engrossed - 237 - LRB096 19592 AMC 34984 b
1		care facilities licensed under the Nursing Home Care Act, and
2		$3,000,000 for projects by all other applicants, which shall be
3		annually adjusted to reflect the increase in construction costs
4		due to inflation, for major medical equipment and for all other
5		capital expenditures.
6		"Non-clinical service area" means an area (i) for the
7		benefit of the patients, visitors, staff, or employees of a
8		health care facility and (ii) not directly related to the
9		diagnosis, treatment, or rehabilitation of persons receiving
10		services from the health care facility. "Non-clinical service
11		areas" include, but are not limited to, chapels; gift shops;
12		news stands; computer systems; tunnels, walkways, and
13		elevators; telephone systems; projects to comply with life
14		safety codes; educational facilities; student housing;
15		patient, employee, staff, and visitor dining areas;
16		administration and volunteer offices; modernization of
17		structural components (such as roof replacement and masonry
18		work); boiler repair or replacement; vehicle maintenance and
19		storage facilities; parking facilities; mechanical systems for
20		heating, ventilation, and air conditioning; loading docks; and
21		repair or replacement of carpeting, tile, wall coverings,
22		window coverings or treatments, or furniture. Solely for the
23		purpose of this definition, "non-clinical service area" does
24		not include health and fitness centers.
25		"Areawide" means a major area of the State delineated on a
26		geographic, demographic, and functional basis for health

SB3733 Engrossed - 238 - LRB096 19592 AMC 34984 b
1		planning and for health service and having within it one or
2		more local areas for health planning and health service. The
3		term "region", as contrasted with the term "subregion", and the
4		word "area" may be used synonymously with the term "areawide".
5		"Local" means a subarea of a delineated major area that on
6		a geographic, demographic, and functional basis may be
7		considered to be part of such major area. The term "subregion"
8		may be used synonymously with the term "local".
9		"Physician" means a person licensed to practice in
10		accordance with the Medical Practice Act of 1987, as amended.
11		"Licensed health care professional" means a person
12		licensed to practice a health profession under pertinent
13		licensing statutes of the State of Illinois.
14		"Director" means the Director of the Illinois Department of
15		Public Health.
16		"Agency" means the Illinois Department of Public Health.
17		"Alternative health care model" means a facility or program
18		authorized under the Alternative Health Care Delivery Act.
19		"Out-of-state facility" means a person that is both (i)
20		licensed as a hospital or as an ambulatory surgery center under
21		the laws of another state or that qualifies as a hospital or an
22		ambulatory surgery center under regulations adopted pursuant
23		to the Social Security Act and (ii) not licensed under the
24		Ambulatory Surgical Treatment Center Act, the Hospital
25		Licensing Act, or the Nursing Home Care Act. Affiliates of
26		out-of-state facilities shall be considered out-of-state

SB3733 Engrossed - 239 - LRB096 19592 AMC 34984 b
1		facilities. Affiliates of Illinois licensed health care
2		facilities 100% owned by an Illinois licensed health care
3		facility, its parent, or Illinois physicians licensed to
4		practice medicine in all its branches shall not be considered
5		out-of-state facilities. Nothing in this definition shall be
6		construed to include an office or any part of an office of a
7		physician licensed to practice medicine in all its branches in
8		Illinois that is not required to be licensed under the
9		Ambulatory Surgical Treatment Center Act.
10		"Change of ownership of a health care facility" means a
11		change in the person who has ownership or control of a health
12		care facility's physical plant and capital assets. A change in
13		ownership is indicated by the following transactions: sale,
14		transfer, acquisition, lease, change of sponsorship, or other
15		means of transferring control.
16		"Related person" means any person that: (i) is at least 50%
17		owned, directly or indirectly, by either the health care
18		facility or a person owning, directly or indirectly, at least
19		50% of the health care facility; or (ii) owns, directly or
20		indirectly, at least 50% of the health care facility.
21		"Charity care" means care provided by a health care
22		facility for which the provider does not expect to receive
23		payment from the patient or a third-party payer.
24		"Freestanding emergency center" means a facility subject
25		to licensure under Section 32.5 of the Emergency Medical
26		Services (EMS) Systems Act.

SB3733 Engrossed - 240 - LRB096 19592 AMC 34984 b
1		(Source: P.A. 95-331, eff. 8-21-07; 95-543, eff. 8-28-07;
2		95-584, eff. 8-31-07; 95-727, eff. 6-30-08; 95-876, eff.
3		8-21-08; 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; revised
4		9-25-09.)
5		(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
6		(Text of Section before amendment by P.A. 96-339)
7		(Section scheduled to be repealed on December 31, 2019)
8		Sec. 12. Powers and duties of State Board. For purposes of
9		this Act, the State Board shall exercise the following powers
10		and duties:
11		(1) Prescribe rules, regulations, standards, criteria,
12		procedures or reviews which may vary according to the purpose
13		for which a particular review is being conducted or the type of
14		project reviewed and which are required to carry out the
15		provisions and purposes of this Act. Policies and procedures of
16		the State Board shall take into consideration the priorities
17		and needs of medically underserved areas and other health care
18		services identified through the comprehensive health planning
19		process, giving special consideration to the impact of projects
20		on access to safety net services.
21		(2) Adopt procedures for public notice and hearing on all
22		proposed rules, regulations, standards, criteria, and plans
23		required to carry out the provisions of this Act.
24		(3) (Blank).
25		(4) Develop criteria and standards for health care

SB3733 Engrossed - 241 - LRB096 19592 AMC 34984 b
1		facilities planning, conduct statewide inventories of health
2		care facilities, maintain an updated inventory on the Board's
3		web site reflecting the most recent bed and service changes and
4		updated need determinations when new census data become
5		available or new need formulae are adopted, and develop health
6		care facility plans which shall be utilized in the review of
7		applications for permit under this Act. Such health facility
8		plans shall be coordinated by the Board with pertinent State
9		Plans. Inventories pursuant to this Section of skilled or
10		intermediate care facilities licensed under the Nursing Home
11		Care Act or nursing homes licensed under the Hospital Licensing
12		Act shall be conducted on an annual basis no later than July 1
13		of each year and shall include among the information requested
14		a list of all services provided by a facility to its residents
15		and to the community at large and differentiate between active
16		and inactive beds.
17		In developing health care facility plans, the State Board
18		shall consider, but shall not be limited to, the following:
19		(a) The size, composition and growth of the population
20		of the area to be served;
21		(b) The number of existing and planned facilities
22		offering similar programs;
23		(c) The extent of utilization of existing facilities;
24		(d) The availability of facilities which may serve as
25		alternatives or substitutes;
26		(e) The availability of personnel necessary to the

SB3733 Engrossed - 242 - LRB096 19592 AMC 34984 b
1		operation of the facility;
2		(f) Multi-institutional planning and the establishment
3		of multi-institutional systems where feasible;
4		(g) The financial and economic feasibility of proposed
5		construction or modification; and
6		(h) In the case of health care facilities established
7		by a religious body or denomination, the needs of the
8		members of such religious body or denomination may be
9		considered to be public need.
10		The health care facility plans which are developed and
11		adopted in accordance with this Section shall form the basis
12		for the plan of the State to deal most effectively with
13		statewide health needs in regard to health care facilities.
14		(5) Coordinate with the Center for Comprehensive Health
15		Planning and other state agencies having responsibilities
16		affecting health care facilities, including those of licensure
17		and cost reporting.
18		(6) Solicit, accept, hold and administer on behalf of the
19		State any grants or bequests of money, securities or property
20		for use by the State Board or Center for Comprehensive Health
21		Planning in the administration of this Act; and enter into
22		contracts consistent with the appropriations for purposes
23		enumerated in this Act.
24		(7) The State Board shall prescribe procedures for review,
25		standards, and criteria which shall be utilized to make
26		periodic reviews and determinations of the appropriateness of

SB3733 Engrossed - 243 - LRB096 19592 AMC 34984 b
1		any existing health services being rendered by health care
2		facilities subject to the Act. The State Board shall consider
3		recommendations of the Board in making its determinations.
4		(8) Prescribe, in consultation with the Center for
5		Comprehensive Health Planning, rules, regulations, standards,
6		and criteria for the conduct of an expeditious review of
7		applications for permits for projects of construction or
8		modification of a health care facility, which projects are
9		classified as emergency, substantive, or non-substantive in
10		nature.
11		Six months after June 30, 2009 (the effective date of
12		Public Act 96-31) this amendatory Act of the 96th General
13		Assembly, substantive projects shall include no more than the
14		following:
15		(a) Projects to construct (1) a new or replacement
16		facility located on a new site or (2) a replacement
17		facility located on the same site as the original facility
18		and the cost of the replacement facility exceeds the
19		capital expenditure minimum; or
20		(b) Projects proposing a (1) new service or (2)
21		discontinuation of a service, which shall be reviewed by
22		the Board within 60 days; or .
23		(c) Projects proposing a change in the bed capacity of
24		a health care facility by an increase in the total number
25		of beds or by a redistribution of beds among various
26		categories of service or by a relocation of beds from one

SB3733 Engrossed - 244 - LRB096 19592 AMC 34984 b
1		physical facility or site to another by more than 20 beds
2		or more than 10% of total bed capacity, as defined by the
3		State Board, whichever is less, over a 2-year period.
4		The Chairman may approve applications for exemption that
5		meet the criteria set forth in rules or refer them to the full
6		Board. The Chairman may approve any unopposed application that
7		meets all of the review criteria or refer them to the full
8		Board.
9		Such rules shall not abridge the right of the Center for
10		Comprehensive Health Planning to make recommendations on the
11		classification and approval of projects, nor shall such rules
12		prevent the conduct of a public hearing upon the timely request
13		of an interested party. Such reviews shall not exceed 60 days
14		from the date the application is declared to be complete.
15		(9) Prescribe rules, regulations, standards, and criteria
16		pertaining to the granting of permits for construction and
17		modifications which are emergent in nature and must be
18		undertaken immediately to prevent or correct structural
19		deficiencies or hazardous conditions that may harm or injure
20		persons using the facility, as defined in the rules and
21		regulations of the State Board. This procedure is exempt from
22		public hearing requirements of this Act.
23		(10) Prescribe rules, regulations, standards and criteria
24		for the conduct of an expeditious review, not exceeding 60
25		days, of applications for permits for projects to construct or
26		modify health care facilities which are needed for the care and

SB3733 Engrossed - 245 - LRB096 19592 AMC 34984 b
1		treatment of persons who have acquired immunodeficiency
2		syndrome (AIDS) or related conditions.
3		(11) Issue written decisions upon request of the applicant
4		or an adversely affected party to the Board within 30 days of
5		the meeting in which a final decision has been made. A "final
6		decision" for purposes of this Act is the decision to approve
7		or deny an application, or take other actions permitted under
8		this Act, at the time and date of the meeting that such action
9		is scheduled by the Board. The staff of the State Board shall
10		prepare a written copy of the final decision and the State
11		Board shall approve a final copy for inclusion in the formal
12		record.
13		(12) Require at least one of its members to participate in
14		any public hearing, after the appointment of the 9 members to
15		the Board.
16		(13) Provide a mechanism for the public to comment on, and
17		request changes to, draft rules and standards.
18		(14) Implement public information campaigns to regularly
19		inform the general public about the opportunity for public
20		hearings and public hearing procedures.
21		(15) Establish a separate set of rules and guidelines for
22		long-term care that recognizes that nursing homes are a
23		different business line and service model from other regulated
24		facilities. An open and transparent process shall be developed
25		that considers the following: how skilled nursing fits in the
26		continuum of care with other care providers, modernization of

SB3733 Engrossed - 246 - LRB096 19592 AMC 34984 b
1		nursing homes, establishment of more private rooms,
2		development of alternative services, and current trends in
3		long-term care services. The Chairman of the Board shall
4		appoint a permanent Health Services Review Board Long-term Care
5		Facility Advisory Subcommittee that shall develop and
6		recommend to the Board the rules to be established by the Board
7		under this paragraph (15). The Subcommittee shall also provide
8		continuous review and commentary on policies and procedures
9		relative to long-term care and the review of related projects.
10		In consultation with other experts from the health field of
11		long-term care, the Board and the Subcommittee shall study new
12		approaches to the current bed need formula and Health Service
13		Area boundaries to encourage flexibility and innovation in
14		design models reflective of the changing long-term care
15		marketplace and consumer preferences. The Board shall file the
16		proposed related administrative rules for the separate rules
17		and guidelines for long-term care required by this paragraph
18		(15) by September 1, 2010. The Subcommittee shall be provided a
19		reasonable and timely opportunity to review and comment on any
20		review, revision, or updating of the criteria, standards,
21		procedures, and rules used to evaluate project applications as
22		provided under Section 12.3 of this Act prior to approval by
23		the Board and promulgation of related rules.
24		(Source: P.A. 96-31, eff. 6-30-09.)
25		(Text of Section after amendment by P.A. 96-339)

SB3733 Engrossed - 247 - LRB096 19592 AMC 34984 b
1		(Section scheduled to be repealed on December 31, 2019)
2		Sec. 12. Powers and duties of State Board. For purposes of
3		this Act, the State Board shall exercise the following powers
4		and duties:
5		(1) Prescribe rules, regulations, standards, criteria,
6		procedures or reviews which may vary according to the purpose
7		for which a particular review is being conducted or the type of
8		project reviewed and which are required to carry out the
9		provisions and purposes of this Act. Policies and procedures of
10		the State Board shall take into consideration the priorities
11		and needs of medically underserved areas and other health care
12		services identified through the comprehensive health planning
13		process, giving special consideration to the impact of projects
14		on access to safety net services.
15		(2) Adopt procedures for public notice and hearing on all
16		proposed rules, regulations, standards, criteria, and plans
17		required to carry out the provisions of this Act.
18		(3) (Blank).
19		(4) Develop criteria and standards for health care
20		facilities planning, conduct statewide inventories of health
21		care facilities, maintain an updated inventory on the Board's
22		web site reflecting the most recent bed and service changes and
23		updated need determinations when new census data become
24		available or new need formulae are adopted, and develop health
25		care facility plans which shall be utilized in the review of
26		applications for permit under this Act. Such health facility

SB3733 Engrossed - 248 - LRB096 19592 AMC 34984 b
1		plans shall be coordinated by the Board with pertinent State
2		Plans. Inventories pursuant to this Section of skilled or
3		intermediate care facilities licensed under the Nursing Home
4		Care Act, skilled or intermediate care facilities licensed
5		under the MR/DD Community Care Act, or nursing homes licensed
6		under the Hospital Licensing Act shall be conducted on an
7		annual basis no later than July 1 of each year and shall
8		include among the information requested a list of all services
9		provided by a facility to its residents and to the community at
10		large and differentiate between active and inactive beds.
11		In developing health care facility plans, the State Board
12		shall consider, but shall not be limited to, the following:
13		(a) The size, composition and growth of the population
14		of the area to be served;
15		(b) The number of existing and planned facilities
16		offering similar programs;
17		(c) The extent of utilization of existing facilities;
18		(d) The availability of facilities which may serve as
19		alternatives or substitutes;
20		(e) The availability of personnel necessary to the
21		operation of the facility;
22		(f) Multi-institutional planning and the establishment
23		of multi-institutional systems where feasible;
24		(g) The financial and economic feasibility of proposed
25		construction or modification; and
26		(h) In the case of health care facilities established

SB3733 Engrossed - 249 - LRB096 19592 AMC 34984 b
1		by a religious body or denomination, the needs of the
2		members of such religious body or denomination may be
3		considered to be public need.
4		The health care facility plans which are developed and
5		adopted in accordance with this Section shall form the basis
6		for the plan of the State to deal most effectively with
7		statewide health needs in regard to health care facilities.
8		(5) Coordinate with the Center for Comprehensive Health
9		Planning and other state agencies having responsibilities
10		affecting health care facilities, including those of licensure
11		and cost reporting.
12		(6) Solicit, accept, hold and administer on behalf of the
13		State any grants or bequests of money, securities or property
14		for use by the State Board or Center for Comprehensive Health
15		Planning in the administration of this Act; and enter into
16		contracts consistent with the appropriations for purposes
17		enumerated in this Act.
18		(7) The State Board shall prescribe procedures for review,
19		standards, and criteria which shall be utilized to make
20		periodic reviews and determinations of the appropriateness of
21		any existing health services being rendered by health care
22		facilities subject to the Act. The State Board shall consider
23		recommendations of the Board in making its determinations.
24		(8) Prescribe, in consultation with the Center for
25		Comprehensive Health Planning, rules, regulations, standards,
26		and criteria for the conduct of an expeditious review of

SB3733 Engrossed - 250 - LRB096 19592 AMC 34984 b
1		applications for permits for projects of construction or
2		modification of a health care facility, which projects are
3		classified as emergency, substantive, or non-substantive in
4		nature.
5		Six months after June 30, 2009 (the effective date of
6		Public Act 96-31) this amendatory Act of the 96th General
7		Assembly, substantive projects shall include no more than the
8		following:
9		(a) Projects to construct (1) a new or replacement
10		facility located on a new site or (2) a replacement
11		facility located on the same site as the original facility
12		and the cost of the replacement facility exceeds the
13		capital expenditure minimum; or
14		(b) Projects proposing a (1) new service or (2)
15		discontinuation of a service, which shall be reviewed by
16		the Board within 60 days; or .
17		(c) Projects proposing a change in the bed capacity of
18		a health care facility by an increase in the total number
19		of beds or by a redistribution of beds among various
20		categories of service or by a relocation of beds from one
21		physical facility or site to another by more than 20 beds
22		or more than 10% of total bed capacity, as defined by the
23		State Board, whichever is less, over a 2-year period.
24		The Chairman may approve applications for exemption that
25		meet the criteria set forth in rules or refer them to the full
26		Board. The Chairman may approve any unopposed application that

SB3733 Engrossed - 251 - LRB096 19592 AMC 34984 b
1		meets all of the review criteria or refer them to the full
2		Board.
3		Such rules shall not abridge the right of the Center for
4		Comprehensive Health Planning to make recommendations on the
5		classification and approval of projects, nor shall such rules
6		prevent the conduct of a public hearing upon the timely request
7		of an interested party. Such reviews shall not exceed 60 days
8		from the date the application is declared to be complete.
9		(9) Prescribe rules, regulations, standards, and criteria
10		pertaining to the granting of permits for construction and
11		modifications which are emergent in nature and must be
12		undertaken immediately to prevent or correct structural
13		deficiencies or hazardous conditions that may harm or injure
14		persons using the facility, as defined in the rules and
15		regulations of the State Board. This procedure is exempt from
16		public hearing requirements of this Act.
17		(10) Prescribe rules, regulations, standards and criteria
18		for the conduct of an expeditious review, not exceeding 60
19		days, of applications for permits for projects to construct or
20		modify health care facilities which are needed for the care and
21		treatment of persons who have acquired immunodeficiency
22		syndrome (AIDS) or related conditions.
23		(11) Issue written decisions upon request of the applicant
24		or an adversely affected party to the Board within 30 days of
25		the meeting in which a final decision has been made. A "final
26		decision" for purposes of this Act is the decision to approve

SB3733 Engrossed - 252 - LRB096 19592 AMC 34984 b
1		or deny an application, or take other actions permitted under
2		this Act, at the time and date of the meeting that such action
3		is scheduled by the Board. The staff of the State Board shall
4		prepare a written copy of the final decision and the State
5		Board shall approve a final copy for inclusion in the formal
6		record.
7		(12) Require at least one of its members to participate in
8		any public hearing, after the appointment of the 9 members to
9		the Board.
10		(13) Provide a mechanism for the public to comment on, and
11		request changes to, draft rules and standards.
12		(14) Implement public information campaigns to regularly
13		inform the general public about the opportunity for public
14		hearings and public hearing procedures.
15		(15) Establish a separate set of rules and guidelines for
16		long-term care that recognizes that nursing homes are a
17		different business line and service model from other regulated
18		facilities. An open and transparent process shall be developed
19		that considers the following: how skilled nursing fits in the
20		continuum of care with other care providers, modernization of
21		nursing homes, establishment of more private rooms,
22		development of alternative services, and current trends in
23		long-term care services. The Chairman of the Board shall
24		appoint a permanent Health Services Review Board Long-term Care
25		Facility Advisory Subcommittee that shall develop and
26		recommend to the Board the rules to be established by the Board

SB3733 Engrossed - 253 - LRB096 19592 AMC 34984 b
1		under this paragraph (15). The Subcommittee shall also provide
2		continuous review and commentary on policies and procedures
3		relative to long-term care and the review of related projects.
4		In consultation with other experts from the health field of
5		long-term care, the Board and the Subcommittee shall study new
6		approaches to the current bed need formula and Health Service
7		Area boundaries to encourage flexibility and innovation in
8		design models reflective of the changing long-term care
9		marketplace and consumer preferences. The Board shall file the
10		proposed related administrative rules for the separate rules
11		and guidelines for long-term care required by this paragraph
12		(15) by September 1, 2010. The Subcommittee shall be provided a
13		reasonable and timely opportunity to review and comment on any
14		review, revision, or updating of the criteria, standards,
15		procedures, and rules used to evaluate project applications as
16		provided under Section 12.3 of this Act prior to approval by
17		the Board and promulgation of related rules.
18		(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; revised
19		10-6-09.)
20		Section 135. The Commission on Government Forecasting and
21		Accountability Act is amended by changing Section 2 as follows:
22		(25 ILCS 155/2) (from Ch. 63, par. 342)
23		Sec. 2. The Commission on Government Forecasting and
24		Accountability, hereafter in this Act referred to as the

SB3733 Engrossed - 254 - LRB096 19592 AMC 34984 b
1		Commission, is created and is established as a legislative
2		support services agency subject to the Legislative Commission
3		Reorganization Act of 1984.
4		On January 15, 2005 (the effective date of Public Act
5		93-1067) this amendatory Act of the 93th General Assembly, the
6		name of the Illinois Economic and Fiscal Commission is changed
7		to the Commission on Government Forecasting and
8		Accountability. References in any law, appropriation, rule,
9		form, or other document to the Illinois Economic and Fiscal
10		Commission are deemed, in appropriate contexts, to be
11		references to the Commission on Government Forecasting and
12		Accountability for all purposes. References in any law,
13		appropriation, rule, form, or other document to the Executive
14		Director of the Illinois Economic and Fiscal Commission are
15		deemed, in appropriate contexts, to be references to the
16		Executive Director of the Commission on Government Forecasting
17		and Accountability for all purposes. For purposes of Section 9b
18		of the State Finance Act, the Commission on Government
19		Forecasting and Accountability is the successor to the Illinois
20		Economic and Fiscal Commission.
21		(Source: P.A. 93-1067, eff. 1-15-05; revised 10-30-09.)
22		Section 140. The State Finance Act is amended by setting
23		forth and renumbering multiple versions of Sections 5.710,
24		5.719, 5.720, 5.723, and 5.724 and by changing Sections 8.49
25		and 8h as follows:

SB3733 Engrossed - 255 - LRB096 19592 AMC 34984 b
1		(30 ILCS 105/5.710)
2		Sec. 5.710. The Money Follows the Person Budget Transfer
3		Fund.
4		(Source: P.A. 95-744, eff. 7-18-08; 96-328, eff. 8-11-09.)
5		(30 ILCS 105/5.719)
6		Sec. 5.719. The Private College Academic Quality Assurance
7		Fund.
8		(Source: P.A. 95-1046, eff. 3-27-09.)
9		(30 ILCS 105/5.720)
10		Sec. 5.720. The Academic Quality Assurance Fund.
11		(Source: P.A. 95-1046, eff. 3-27-09.)
12		(30 ILCS 105/5.721)
13		Sec. 5.721 5.719. The Olympic Games and Paralympic Games
14		Trust Fund.
15		(Source: P.A. 96-7, eff. 4-3-09; revised 4-14-09.)
16		(30 ILCS 105/5.722)
17		Sec. 5.722 5.710. The Financial Institutions Settlement of
18		2008 Fund.
19		(Source: P.A. 95-1047, eff. 4-6-09; revised 4-14-09.)
20		(30 ILCS 105/5.723)

SB3733 Engrossed - 256 - LRB096 19592 AMC 34984 b
1		Sec. 5.723. The Capital Projects Fund.
2		(Source: P.A. 96-34, eff. 7-13-09.)
3		(30 ILCS 105/5.724)
4		Sec. 5.724. The Local Government Video Gaming Distributive
5		Fund.
6		(Source: P.A. 96-34, eff. 7-13-09.)
7		(30 ILCS 105/5.725)
8		Sec. 5.725 5.719. American Recovery and Reinvestment Act
9		Administrative Revolving Fund.
10		(Source: P.A. 96-45, eff. 7-15-09; revised 10-20-09.)
11		(30 ILCS 105/5.726)
12		(Section scheduled to be repealed on July 1, 2011)
13		Sec. 5.726 5.719. The Performance-enhancing Substance
14		Testing Fund. This Section is repealed on July 1, 2011.
15		(Source: P.A. 96-132, eff. 8-7-09; revised 10-20-09.)
16		(30 ILCS 105/5.727)
17		Sec. 5.727 5.719. The Fire Station Revolving Loan Fund.
18		(Source: P.A. 96-135, eff. 8-7-09; revised 10-20-09.)
19		(30 ILCS 105/5.728)
20		Sec. 5.728 5.719. The Farm Fresh Schools Program Fund.
21		(Source: P.A. 96-153, eff. 1-1-10; revised 10-20-09.)

SB3733 Engrossed - 257 - LRB096 19592 AMC 34984 b
1		(30 ILCS 105/5.729)
2		Sec. 5.729 5.719. The Illinois Power Agency Renewable
3		Energy Resources Fund.
4		(Source: P.A. 96-159, eff. 8-10-09; revised 10-20-09.)
5		(30 ILCS 105/5.730)
6		Sec. 5.730 5.719. The Hospital Stroke Care Fund.
7		(Source: P.A. 96-514, eff. 1-1-10; revised 10-20-09.)
8		(30 ILCS 105/5.731)
9		Sec. 5.731 5.719. The Department of Human Rights Training
10		and Development Fund.
11		(Source: P.A. 96-548, eff. 1-1-10; revised 10-20-09.)
12		(30 ILCS 105/5.732)
13		Sec. 5.732 5.719. The Trucking Environmental and Education
14		Fund.
15		(Source: P.A. 96-576, eff. 8-18-09; revised 10-20-09.)
16		(30 ILCS 105/5.733)
17		Sec. 5.733 5.719. The Illinois EMS Memorial Scholarship and
18		Training Fund.
19		(Source: P.A. 96-591, eff. 8-18-09; revised 10-20-09.)
20		(30 ILCS 105/5.734)

SB3733 Engrossed - 258 - LRB096 19592 AMC 34984 b
1		Sec. 5.734 5.719. The 2-1-1 Account Fund.
2		(Source: P.A. 96-599, eff. 1-1-10; revised 10-20-09.)
3		(30 ILCS 105/5.735)
4		Sec. 5.735 5.719. The Intermodal Facilities Promotion
5		Fund.
6		(Source: P.A. 96-602, eff. 8-21-09; revised 10-20-09.)
7		(30 ILCS 105/5.736)
8		Sec. 5.736 5.719. The Hunger Relief Fund.
9		(Source: P.A. 96-604, eff. 8-24-09; revised 10-20-09.)
10		(30 ILCS 105/5.737)
11		Sec. 5.737 5.719. The Public Interest Attorney Loan
12		Repayment Assistance Fund.
13		(Source: P.A. 96-615, eff. 1-1-10; 96-768, eff. 1-1-10; revised
14		10-20-09.)
15		(30 ILCS 105/5.738)
16		Sec. 5.738 5.719. The Ex-Offender Fund.
17		(Source: P.A. 96-656, eff. 1-1-10; revised 10-20-09.)
18		(30 ILCS 105/5.739)
19		Sec. 5.739 5.719. The Roadside Memorial Fund.
20		(Source: P.A. 96-667, eff. 8-25-09; revised 10-20-09.)

SB3733 Engrossed - 259 - LRB096 19592 AMC 34984 b
1		(30 ILCS 105/5.740)
2		Sec. 5.740 5.719. The International Brotherhood of
3		Teamsters Fund.
4		(Source: P.A. 96-687, eff. 1-1-10; revised 10-20-09.)
5		(30 ILCS 105/5.741)
6		Sec. 5.741 5.719. The School Wind and Solar Generation
7		Revolving Loan Fund.
8		(Source: P.A. 96-725, eff. 8-25-09; revised 10-20-09.)
9		(30 ILCS 105/5.742)
10		(This Section may contain text from a Public Act with a
11		delayed effective date)
12		Sec. 5.742 5.719. The Community Association Manager
13		Licensing and Disciplinary Fund.
14		(Source: P.A. 96-726, eff. 7-1-10; revised 10-20-09.)
15		(30 ILCS 105/5.743)
16		Sec. 5.743 5.719. The Private Sewage Disposal Program Fund.
17		(Source: P.A. 96-767, eff. 8-28-09; revised 10-20-09.)
18		(30 ILCS 105/5.744)
19		Sec. 5.744 5.719. The 21st Century Workforce Development
20		Fund.
21		(Source: P.A. 96-771, eff. 8-28-09; revised 10-20-09.)

SB3733 Engrossed - 260 - LRB096 19592 AMC 34984 b
1		(30 ILCS 105/5.745)
2		Sec. 5.745 5.719. The Department of Human Rights Special
3		Fund.
4		(Source: P.A. 96-786, eff. 1-1-10; revised 10-20-09.)
5		(30 ILCS 105/5.746)
6		Sec. 5.746 5.720. The United Auto Workers' Fund.
7		(Source: P.A. 96-687, eff. 1-1-10; revised 10-21-09.)
8		(30 ILCS 105/5.747)
9		Sec. 5.747 5.723. Court of Claims Federal Grant Fund.
10		(Source: P.A. 96-45, eff. 7-15-09; revised 10-21-09.)
11		(30 ILCS 105/5.748)
12		Sec. 5.748 5.723. The Crisis Nursery Fund.
13		(Source: P.A. 96-627, eff. 8-24-09; revised 10-21-09.)
14		(30 ILCS 105/5.749)
15		Sec. 5.749 5.723. The Stretcher Van Licensure Fund.
16		(Source: P.A. 96-702, eff. 8-25-09; revised 10-21-09.)
17		(30 ILCS 105/5.750)
18		Sec. 5.750 5.723. The Metropolitan Pier and Exposition
19		Authority Incentive Fund.
20		(Source: P.A. 96-739, eff. 1-1-10; revised 10-21-09.)

SB3733 Engrossed - 261 - LRB096 19592 AMC 34984 b
1		(30 ILCS 105/5.751)
2		Sec. 5.751 5.723. The Long Term Care Ombudsman Fund.
3		(Source: P.A. 96-758, eff. 8-25-09; revised 10-21-09.)
4		(30 ILCS 105/5.752)
5		Sec. 5.752 5.724. The Nursing Home Conversion Fund.
6		(Source: P.A. 96-758, eff. 8-25-09; revised 10-21-09.)
7		(30 ILCS 105/8.49)
8		Sec. 8.49. Special fund transfers.
9		(a) In order to maintain the integrity of special funds and
10		improve stability in the General Revenue Fund, the following
11		transfers are authorized from the designated funds into the
12		General Revenue Fund:
13		Food and Drug Safety Fund..........................$6,800
14		Penny Severns Breast, Cervical, and
15		Ovarian Cancer Research Fund..................$33,300
16		Transportation Regulatory Fund.................$2,122,000
17		General Professions Dedicated Fund.............$3,511,900
18		Economic Research and Information Fund.............$1,120
19		Illinois Department of Agriculture
20		Laboratory Services Revolving Fund............$12,825
21		Drivers Education Fund.........................$2,244,000
22		Aeronautics Fund..................................$25,360
23		Fire Prevention Fund..........................$10,400,000
24		Rural/Downstate Health Access Fund.................$1,700

SB3733 Engrossed - 262 - LRB096 19592 AMC 34984 b
1		Mental Health Fund............................$24,560,000
2		Illinois State Pharmacy Disciplinary Fund......$2,054,100
3		Public Utility Fund..............................$960,175
4		Alzheimer's Disease Research Fund................$112,500
5		Radiation Protection Fund.........................$92,250
6		Natural Heritage Endowment Trust Fund............$250,000
7		Firearm Owner's Notification Fund................$256,400
8		EPA Special State Projects Trust Fund..........$3,760,000
9		Solid Waste Management Fund....................$1,200,000
10		Illinois Gaming Law Enforcement Fund.............$141,000
11		Subtitle D Management Fund.......................$375,000
12		Illinois State Medical Disciplinary Fund......$11,277,200
13		Cemetery Consumer Protection Fund................$658,000
14		Assistance to the Homeless Fund...................$13,800
15		Accessible Electronic Information
16		Service Fund..................................$10,000
17		CDLIS/AAMVAnet Trust Fund........................$110,000
18		Comptroller's Audit Expense Revolving Fund........$31,200
19		Community Health Center Care Fund................$450,000
20		Safe Bottled Water Fund...........................$15,000
21		Facility Licensing Fund..........................$363,600
22		Hansen-Therkelsen Memorial Deaf
23		Student College Fund.........................$503,700
24		Illinois Underground Utility Facilities
25		Damage Prevention Fund........................$29,600
26		School District Emergency Financial

SB3733 Engrossed - 263 - LRB096 19592 AMC 34984 b
1		Assistance Fund............................$2,059,200
2		Mental Health Transportation Fund....................$859
3		Registered Certified Public Accountants'
4		Administration and Disciplinary Fund..........$34,600
5		State Crime Laboratory Fund......................$142,880
6		Agrichemical Incident Response Trust Fund.........$80,000
7		General Assembly Computer Equipment
8		Revolving Fund...............................$101,600
9		Weights and Measures Fund........................$625,000
10		Illinois School Asbestos Abatement Fund..........$299,600
11		Injured Workers' Benefit Fund..................$3,290,560
12		Violence Prevention Fund..........................$79,500
13		Professional Regulation Evidence Fund..............$5,000
14		IPTIP Administrative Trust Fund..................$500,000
15		Diabetes Research Checkoff Fund....................$8,800
16		Ticket For The Cure Fund.......................$1,200,000
17		Capital Development Board Revolving Fund.........$346,000
18		Professions Indirect Cost Fund.................$2,144,500
19		State Police DUI Fund............................$166,880
20		Medicaid Fraud and Abuse Prevention Fund..........$20,000
21		Illinois Health Facilities Planning Fund.......$1,392,400
22		Emergency Public Health Fund.....................$875,000
23		TOMA Consumer Protection Fund.....................$50,000
24		ISAC Accounts Receivable Fund.....................$24,240
25		Fair and Exposition Fund.......................$1,257,920
26		Department of Labor Special State Trust Fund.....$409,000

SB3733 Engrossed - 264 - LRB096 19592 AMC 34984 b
1		Public Health Water Permit Fund...................$24,500
2		Nursing Dedicated and Professional Fund........$9,988,400
3		Optometric Licensing and Disciplinary
4		Board Fund...................................$995,800
5		Water Revolving Fund...............................$4,960
6		Methamphetamine Law Enforcement Fund..............$50,000
7		Long Term Care Monitor/Receiver Fund...........$1,700,000
8		Home Care Services Agency Licensure Fund..........$48,000
9		Community Water Supply Laboratory Fund...........$600,000
10		Motor Fuel and Petroleum Standards Fund...........$41,416
11		Fertilizer Control Fund..........................$162,520
12		Regulatory Fund..................................$307,824
13		Used Tire Management Fund......................$8,853,552
14		Natural Areas Acquisition Fund.................$1,000,000
15		Working Capital Revolving Fund.................$6,450,000
16		Tax Recovery Fund.................................$29,680
17		Professional Services Fund.....................$3,500,000
18		Treasurer's Rental Fee Fund......................$155,000
19		Public Health Laboratory Services
20		Revolving Fund...............................$450,000
21		Provider Inquiry Trust Fund......................$200,000
22		Audit Expense Fund.............................$5,972,190
23		Law Enforcement Camera Grant Fund..............$2,631,840
24		Child Labor and Day and Temporary Labor
25		Services Enforcement Fund....................$490,000
26		Lead Poisoning Screening, Prevention,

SB3733 Engrossed - 265 - LRB096 19592 AMC 34984 b
1		and Abatement Fund...........................$100,000
2		Health and Human Services Medicaid
3		Trust Fund.................................$6,920,000
4		Prisoner Review Board Vehicle and
5		Equipment Fund...............................$147,900
6		Drug Treatment Fund............................$4,400,000
7		Feed Control Fund................................$625,000
8		Tanning Facility Permit Fund......................$20,000
9		Innovations in Long-Term Care Quality
10		Demonstration Grants Fund....................$300,000
11		Plumbing Licensure and Program Fund............$1,585,600
12		State Treasurer's Bank Services Trust Fund.....$6,800,000
13		State Police Motor Vehicle Theft
14		Prevention Trust Fund.........................$46,500
15		Insurance Premium Tax Refund Fund.................$58,700
16		Appraisal Administration Fund....................$378,400
17		Small Business Environmental Assistance Fund......$24,080
18		Regulatory Evaluation and Basic
19		Enforcement Fund.............................$125,000
20		Gaining Early Awareness and Readiness
21		for Undergraduate Programs Fund...............$15,000
22		Trauma Center Fund.............................$4,000,000
23		EMS Assistance Fund..............................$110,000
24		State College and University Trust Fund...........$20,204
25		University Grant Fund..............................$5,608
26		DCEO Projects Fund.............................$1,000,000

SB3733 Engrossed - 266 - LRB096 19592 AMC 34984 b
1		Alternate Fuels Fund...........................$2,000,000
2		Multiple Sclerosis Research Fund..................$27,200
3		Livestock Management Facilities Fund..............$81,920
4		Second Injury Fund...............................$615,680
5		Agricultural Master Fund.........................$136,984
6		High Speed Internet Services and
7		Information Technology Fund................$3,300,000
8		Illinois Tourism Tax Fund........................$250,000
9		Human Services Priority Capital Program Fund...$7,378,400
10		Warrant Escheat Fund...........................$1,394,161
11		State Asset Forfeiture Fund......................$321,600
12		Police Training Board Services Fund................$8,000
13		Federal Asset Forfeiture Fund......................$1,760
14		Department of Corrections Reimbursement
15		and Education Fund...........................$250,000
16		Health Facility Plan Review Fund...............$1,543,600
17		Domestic Violence Abuser Services Fund............$11,500
18		LEADS Maintenance Fund...........................$166,800
19		State Offender DNA Identification
20		System Fund..................................$615,040
21		Illinois Historic Sites Fund.....................$250,000
22		Comptroller's Administrative Fund................$134,690
23		Workforce, Technology, and Economic
24		Development ...............................$2,000,000
25		Pawnbroker Regulation Fund........................$26,400
26		Renewable Energy Resources Trust Fund.........$13,408,328

SB3733 Engrossed - 267 - LRB096 19592 AMC 34984 b
1		Charter Schools Revolving Loan Fund...............$82,000
2		School Technology Revolving Loan Fund..........$1,230,000
3		Energy Efficiency Trust Fund...................$1,490,000
4		Pesticide Control Fund...........................$625,000
5		Juvenile Accountability Incentive Block
6		Grant Fund................................... $10,000
7		Multiple Sclerosis Assistance Fund.................$8,000
8		Temporary Relocation Expenses Revolving
9		Grant Fund...................................$460,000
10		Partners for Conservation Fund.................$8,200,000
11		Fund For Illinois' Future......................$3,000,000
12		Wireless Carrier Reimbursement Fund...........$13,650,000
13		International Tourism Fund.....................$5,043,344
14		Illinois Racing Quarterhorse Breeders Fund.........$1,448
15		Death Certificate Surcharge Fund.................$900,000
16		State Police Wireless Service
17		Emergency Fund.............................$1,329,280
18		Illinois Adoption Registry and
19		Medical Information Exchange Fund..............$8,400
20		Auction Regulation Administration Fund...........$361,600
21		DHS State Projects Fund..........................$193,900
22		Auction Recovery Fund..............................$4,600
23		Motor Carrier Safety Inspection Fund.............$389,840
24		Coal Development Fund............................$320,000
25		State Off-Set Claims Fund........................$400,000
26		Illinois Student Assistance Commission

SB3733 Engrossed - 268 - LRB096 19592 AMC 34984 b
1		Contracts and Grants Fund....................$128,850
2		DHS Private Resources Fund.....................$1,000,000
3		Assisted Living and Shared Housing
4		Regulatory Fund..............................$122,400
5		State Police Whistleblower Reward
6		and Protection Fund........................$3,900,000
7		Illinois Standardbred Breeders Fund..............$134,608
8		Post Transplant Maintenance and
9		Retention Fund................................$85,800
10		Spinal Cord Injury Paralysis Cure
11		Research Trust Fund..........................$300,000
12		Organ Donor Awareness Fund.......................$115,000
13		Community Mental Health Medicaid Trust Fund....$1,030,900
14		Illinois Clean Water Fund......................$8,649,600
15		Tobacco Settlement Recovery Fund..............$10,000,000
16		Alternative Compliance Market Account Fund.........$9,984
17		Group Workers' Compensation Pool
18		Insolvency Fund...............................$42,800
19		Medicaid Buy-In Program Revolving Fund.........$1,000,000
20		Home Inspector Administration Fund.............$1,225,200
21		Real Estate Audit Fund.............................$1,200
22		Marine Corps Scholarship Fund.....................$69,000
23		Tourism Promotion Fund........................$30,000,000
24		Oil Spill Response Fund............................$4,800
25		Presidential Library and Museum
26		Operating Fund...............................$169,900

SB3733 Engrossed - 269 - LRB096 19592 AMC 34984 b
1		Nuclear Safety Emergency Preparedness Fund.....$6,000,000
2		DCEO Energy Projects Fund......................$2,176,200
3		Dram Shop Fund...................................$500,000
4		Illinois State Dental Disciplinary Fund..........$187,300
5		Hazardous Waste Fund.............................$800,000
6		Natural Resources Restoration Trust Fund...........$7,700
7		State Fair Promotional Activities Fund.............$1,672
8		Continuing Legal Education Trust Fund.............$10,550
9		Environmental Protection Trust Fund..............$625,000
10		Real Estate Research and Education Fund........$1,081,000
11		Federal Moderate Rehabilitation
12		Housing Fund..................................$44,960
13		Domestic Violence Shelter and Service Fund........$55,800
14		Snowmobile Trail Establishment Fund................$5,300
15		Drug Traffic Prevention Fund......................$11,200
16		Traffic and Criminal Conviction
17		Surcharge Fund.............................$5,400,000
18		Design Professionals Administration
19		and Investigation Fund........................$73,200
20		Public Health Special State Projects Fund......$1,900,000
21		Petroleum Violation Fund...........................$1,080
22		State Police Services Fund.....................$7,082,080
23		Illinois Wildlife Preservation Fund................$9,900
24		Youth Drug Abuse Prevention Fund.................$133,500
25		Insurance Producer Administration Fund........$12,170,000
26		Coal Technology Development Assistance Fund....$1,856,000

SB3733 Engrossed - 270 - LRB096 19592 AMC 34984 b
1		Child Abuse Prevention Fund......................$250,000
2		Hearing Instrument Dispenser Examining
3		and Disciplinary Fund.........................$50,400
4		Low-Level Radioactive Waste Facility
5		Development and Operation Fund.............$1,000,000
6		Environmental Protection Permit and
7		Inspection Fund..............................$755,775
8		Landfill Closure and Post-Closure Fund.............$2,480
9		Narcotics Profit Forfeiture Fund..................$86,900
10		Illinois State Podiatric Disciplinary Fund.......$200,000
11		Vehicle Inspection Fund........................$5,000,000
12		Local Tourism Fund............................$10,999,280
13		Illinois Capital Revolving Loan Fund...........$3,856,904
14		Illinois Equity Fund...............................$3,520
15		Large Business Attraction Fund....................$13,560
16		International and Promotional Fund................$42,040
17		Public Infrastructure Construction
18		Loan Revolving Fund........................$2,811,232
19		Insurance Financial Regulation Fund............$5,881,180
20		TOTAL $351,738,973
21		All of these transfers shall be made in equal quarterly
22		installments with the first made on July 1, 2009, or as soon
23		thereafter as practical, and with the remaining transfers to be
24		made on October 1, January 1, and April 1, or as soon
25		thereafter as practical. These transfers shall be made
26		notwithstanding any other provision of State law to the

SB3733 Engrossed - 271 - LRB096 19592 AMC 34984 b
1		contrary.
2		(b) On and after the effective date of this amendatory Act
3		of the 96th General Assembly through June 30, 2010, when any of
4		the funds listed in subsection (a) have insufficient cash from
5		which the State Comptroller may make expenditures properly
6		supported by appropriations from the fund, then the State
7		Treasurer and State Comptroller shall transfer from the General
8		Revenue Fund to the fund such amount as is immediately
9		necessary to satisfy outstanding expenditure obligations on a
10		timely basis, subject to the provisions of the State Prompt
11		Payment Act.
12		(c) If the Director of the Governor's Office of Management
13		and Budget determines that any transfer to the General Revenue
14		Fund from a special fund under subsection (a) either (i)
15		jeopardizes federal funding based on a written communication
16		from a federal official or (ii) violates an order of a court of
17		competent jurisdiction, then the Director may order the State
18		Treasurer and State Comptroller, in writing, to transfer from
19		the General Revenue Fund to that listed special fund all or
20		part of the amounts transferred from that special fund under
21		subsection (a).
22		(Source: P.A. 96-44, eff. 7-15-09; 96-45, eff. 7-15-09; 96-150,
23		eff. 8-7-09; revised 9-15-09.)
24		(30 ILCS 105/8h)
25		Sec. 8h. Transfers to General Revenue Fund.

SB3733 Engrossed - 272 - LRB096 19592 AMC 34984 b
1		(a) Except as otherwise provided in this Section and
2		Section 8n of this Act, and notwithstanding any other State law
3		to the contrary, the Governor may, through June 30, 2007, from
4		time to time direct the State Treasurer and Comptroller to
5		transfer a specified sum from any fund held by the State
6		Treasurer to the General Revenue Fund in order to help defray
7		the State's operating costs for the fiscal year. The total
8		transfer under this Section from any fund in any fiscal year
9		shall not exceed the lesser of (i) 8% of the revenues to be
10		deposited into the fund during that fiscal year or (ii) an
11		amount that leaves a remaining fund balance of 25% of the July
12		1 fund balance of that fiscal year. In fiscal year 2005 only,
13		prior to calculating the July 1, 2004 final balances, the
14		Governor may calculate and direct the State Treasurer with the
15		Comptroller to transfer additional amounts determined by
16		applying the formula authorized in Public Act 93-839 to the
17		funds balances on July 1, 2003. No transfer may be made from a
18		fund under this Section that would have the effect of reducing
19		the available balance in the fund to an amount less than the
20		amount remaining unexpended and unreserved from the total
21		appropriation from that fund estimated to be expended for that
22		fiscal year. This Section does not apply to any funds that are
23		restricted by federal law to a specific use, to any funds in
24		the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the
25		Hospital Provider Fund, the Medicaid Provider Relief Fund, the
26		Teacher Health Insurance Security Fund, the Voters' Guide Fund,

SB3733 Engrossed - 273 - LRB096 19592 AMC 34984 b
1		the Foreign Language Interpreter Fund, the Lawyers' Assistance
2		Program Fund, the Supreme Court Federal Projects Fund, the
3		Supreme Court Special State Projects Fund, the Supplemental
4		Low-Income Energy Assistance Fund, the Good Samaritan Energy
5		Trust Fund, the Low-Level Radioactive Waste Facility
6		Development and Operation Fund, the Horse Racing Equity Trust
7		Fund, the Metabolic Screening and Treatment Fund, or the
8		Hospital Basic Services Preservation Fund, or to any funds to
9		which Section 70-50 of the Nurse Practice Act applies. No
10		transfers may be made under this Section from the Pet
11		Population Control Fund. Notwithstanding any other provision
12		of this Section, for fiscal year 2004, the total transfer under
13		this Section from the Road Fund or the State Construction
14		Account Fund shall not exceed the lesser of (i) 5% of the
15		revenues to be deposited into the fund during that fiscal year
16		or (ii) 25% of the beginning balance in the fund. For fiscal
17		year 2005 through fiscal year 2007, no amounts may be
18		transferred under this Section from the Road Fund, the State
19		Construction Account Fund, the Criminal Justice Information
20		Systems Trust Fund, the Wireless Service Emergency Fund, or the
21		Mandatory Arbitration Fund.
22		In determining the available balance in a fund, the
23		Governor may include receipts, transfers into the fund, and
24		other resources anticipated to be available in the fund in that
25		fiscal year.
26		The State Treasurer and Comptroller shall transfer the

SB3733 Engrossed - 274 - LRB096 19592 AMC 34984 b
1		amounts designated under this Section as soon as may be
2		practicable after receiving the direction to transfer from the
3		Governor.
4		(a-5) Transfers directed to be made under this Section on
5		or before February 28, 2006 that are still pending on May 19,
6		2006 (the effective date of Public Act 94-774) shall be
7		redirected as provided in Section 8n of this Act.
8		(b) This Section does not apply to: (i) the Ticket For The
9		Cure Fund; (ii) any fund established under the Community Senior
10		Services and Resources Act; or (iii) on or after January 1,
11		2006 (the effective date of Public Act 94-511), the Child Labor
12		and Day and Temporary Labor Enforcement Fund.
13		(c) This Section does not apply to the Demutualization
14		Trust Fund established under the Uniform Disposition of
15		Unclaimed Property Act.
16		(d) This Section does not apply to moneys set aside in the
17		Illinois State Podiatric Disciplinary Fund for podiatric
18		scholarships and residency programs under the Podiatric
19		Scholarship and Residency Act.
20		(e) Subsection (a) does not apply to, and no transfer may
21		be made under this Section from, the Pension Stabilization
22		Fund.
23		(f) Subsection (a) does not apply to, and no transfer may
24		be made under this Section from, the Illinois Power Agency
25		Operations Fund, the Illinois Power Agency Facilities Fund, the
26		Illinois Power Agency Debt Service Fund, and the Illinois Power

SB3733 Engrossed - 275 - LRB096 19592 AMC 34984 b
1		Agency Trust Fund.
2		(g) This Section does not apply to the Veterans Service
3		Organization Reimbursement Fund.
4		(h) This Section does not apply to the Supreme Court
5		Historic Preservation Fund.
6		(i) This Section does not apply to, and no transfer may be
7		made under this Section from, the Money Follows the Person
8		Budget Transfer Fund.
9		(j) This Section does not apply to the Domestic Violence
10		Shelter and Service Fund.
11		(k) (j) This Section does not apply to the Illinois
12		Historic Sites Fund and the Presidential Library and Museum
13		Operating Fund.
14		(l) (j) This Section does not apply to the Trucking
15		Environmental and Education Fund.
16		(m) (j) This Section does not apply to the Roadside
17		Memorial Fund.
18		(n) (j) This Section does not apply to the Department of
19		Human Rights Special Fund.
20		(Source: P.A. 95-331, eff. 8-21-07; 95-410, eff. 8-24-07;
21		95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, eff.
22		10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; 95-876,
23		eff. 8-21-08; 96-302, eff. 1-1-10; 96-450, eff. 8-14-09;
24		96-511, eff. 8-14-09; 96-576, eff. 8-18-09; 96-667, eff.
25		8-25-09; 96-786, eff. 1-1-10; revised 10-6-09.)

SB3733 Engrossed - 276 - LRB096 19592 AMC 34984 b
1		Section 145. The General Obligation Bond Act is amended by
2		changing Sections 2, 3, and 7 as follows:
3		(30 ILCS 330/2) (from Ch. 127, par. 652)
4		Sec. 2. Authorization for Bonds. The State of Illinois is
5		authorized to issue, sell and provide for the retirement of
6		General Obligation Bonds of the State of Illinois for the
7		categories and specific purposes expressed in Sections 2
8		through 8 of this Act, in the total amount of $36,967,777,443
9		$33,501,777,443 $34,159,149,369.
10		The bonds authorized in this Section 2 and in Section 16 of
11		this Act are herein called "Bonds".
12		Of the total amount of Bonds authorized in this Act, up to
13		$2,200,000,000 in aggregate original principal amount may be
14		issued and sold in accordance with the Baccalaureate Savings
15		Act in the form of General Obligation College Savings Bonds.
16		Of the total amount of Bonds authorized in this Act, up to
17		$300,000,000 in aggregate original principal amount may be
18		issued and sold in accordance with the Retirement Savings Act
19		in the form of General Obligation Retirement Savings Bonds.
20		Of the total amount of Bonds authorized in this Act, the
21		additional $10,000,000,000 authorized by Public Act 93-2 and
22		the $3,466,000,000 authorized by Public Act 96-43 this
23		amendatory Act of the 96th General Assembly shall be used
24		solely as provided in Section 7.2.
25		The issuance and sale of Bonds pursuant to the General

SB3733 Engrossed - 277 - LRB096 19592 AMC 34984 b
1		Obligation Bond Act is an economical and efficient method of
2		financing the long-term capital needs of the State. This Act
3		will permit the issuance of a multi-purpose General Obligation
4		Bond with uniform terms and features. This will not only lower
5		the cost of registration but also reduce the overall cost of
6		issuing debt by improving the marketability of Illinois General
7		Obligation Bonds.
8		(Source: P.A. 95-1026, eff. 1-12-09; 96-5, eff. 4-3-09; 96-36,
9		eff. 7-13-09; 96-43, eff. 7-15-09; revised 8-20-09.)
10		(30 ILCS 330/3) (from Ch. 127, par. 653)
11		Sec. 3. Capital Facilities. The amount of $7,968,463,443 is
12		authorized to be used for the acquisition, development,
13		construction, reconstruction, improvement, financing,
14		architectural planning and installation of capital facilities
15		within the State, consisting of buildings, structures, durable
16		equipment, land, interests in land, and the costs associated
17		with the purchase and implementation of information
18		technology, including but not limited to the purchase of
19		hardware and software, for the following specific purposes:
20		(a) $2,511,228,000 for educational purposes by State
21		universities and colleges, the Illinois Community College
22		Board created by the Public Community College Act and for
23		grants to public community colleges as authorized by
24		Sections 5-11 and 5-12 of the Public Community College Act;
25		(b) $1,617,420,000 for correctional purposes at State

SB3733 Engrossed - 278 - LRB096 19592 AMC 34984 b
1		prison and correctional centers;
2		(c) $575,183,000 for open spaces, recreational and
3		conservation purposes and the protection of land;
4		(d) $664,917,000 for child care facilities, mental and
5		public health facilities, and facilities for the care of
6		disabled veterans and their spouses;
7		(e) $1,630,990,000 for use by the State, its
8		departments, authorities, public corporations, commissions
9		and agencies;
10		(f) $818,100 for cargo handling facilities at port
11		districts and for breakwaters, including harbor entrances,
12		at port districts in conjunction with facilities for small
13		boats and pleasure crafts;
14		(g) $248,877,074 for water resource management
15		projects;
16		(h) $16,940,269 for the provision of facilities for
17		food production research and related instructional and
18		public service activities at the State universities and
19		public community colleges;
20		(i) $36,000,000 for grants by the Secretary of State,
21		as State Librarian, for central library facilities
22		authorized by Section 8 of the Illinois Library System Act
23		and for grants by the Capital Development Board to units of
24		local government for public library facilities;
25		(j) $25,000,000 for the acquisition, development,
26		construction, reconstruction, improvement, financing,

SB3733 Engrossed - 279 - LRB096 19592 AMC 34984 b
1		architectural planning and installation of capital
2		facilities consisting of buildings, structures, durable
3		equipment and land for grants to counties, municipalities
4		or public building commissions with correctional
5		facilities that do not comply with the minimum standards of
6		the Department of Corrections under Section 3-15-2 of the
7		Unified Code of Corrections;
8		(k) $5,000,000 for grants in fiscal year 1988 by the
9		Department of Conservation for improvement or expansion of
10		aquarium facilities located on property owned by a park
11		district;
12		(l) $432,590,000 to State agencies for grants to local
13		governments for the acquisition, financing, architectural
14		planning, development, alteration, installation, and
15		construction of capital facilities consisting of
16		buildings, structures, durable equipment, and land; and
17		(m) $203,500,000 for the Illinois Open Land Trust
18		Program as defined by the Illinois Open Land Trust Act.
19		The amounts authorized above for capital facilities may be
20		used for the acquisition, installation, alteration,
21		construction, or reconstruction of capital facilities and for
22		the purchase of equipment for the purpose of major capital
23		improvements which will reduce energy consumption in State
24		buildings or facilities.
25		(Source: P.A. 96-36, eff. 7-13-09; 96-37, eff. 7-13-09; revised
26		8-20-09.)

SB3733 Engrossed - 280 - LRB096 19592 AMC 34984 b
1		(30 ILCS 330/7) (from Ch. 127, par. 657)
2		Sec. 7. Coal and Energy Development. The amount of
3		$698,200,000 is authorized to be used by the Department of
4		Commerce and Economic Opportunity (formerly Department of
5		Commerce and Community Affairs) for coal and energy development
6		purposes, pursuant to Sections 2, 3 and 3.1 of the Illinois
7		Coal and Energy Development Bond Act, for the purposes
8		specified in Section 8.1 of the Energy Conservation and Coal
9		Development Act, for the purposes specified in Section 605-332
10		of the Department of Commerce and Economic Opportunity Law of
11		the Civil Administrative Code of Illinois, and for the purpose
12		of facility cost reports prepared pursuant to Sections 1-58
13		1-56 or 1-75(d)(4) of the Illinois Power Agency Act and for the
14		purpose of development costs pursuant to Section 8.1 of the
15		Energy Conservation and Coal Development Act. Of this amount:
16		(a) $115,000,000 is for the specific purposes of
17		acquisition, development, construction, reconstruction,
18		improvement, financing, architectural and technical planning
19		and installation of capital facilities consisting of
20		buildings, structures, durable equipment, and land for the
21		purpose of capital development of coal resources within the
22		State and for the purposes specified in Section 8.1 of the
23		Energy Conservation and Coal Development Act;
24		(b) $35,000,000 is for the purposes specified in Section
25		8.1 of the Energy Conservation and Coal Development Act and

SB3733 Engrossed - 281 - LRB096 19592 AMC 34984 b
1		making a grant to the owner of a generating station located in
2		Illinois and having at least three coal-fired generating units
3		with accredited summer capability greater than 500 megawatts
4		each at such generating station as provided in Section 6 of
5		that Bond Act;
6		(c) $13,200,000 is for research, development and
7		demonstration of forms of energy other than that derived from
8		coal, either on or off State property;
9		(d) $500,000,000 is for the purpose of providing financial
10		assistance to new electric generating facilities as provided in
11		Section 605-332 of the Department of Commerce and Economic
12		Opportunity Law of the Civil Administrative Code of Illinois;
13		and
14		(e) $35,000,000 is for the purpose of facility cost reports
15		prepared for not more than one facility pursuant to Section
16		1-75(d)(4) of the Illinois Power Agency Act and not more than
17		one facility pursuant to Section 1-58 1-56 of the Illinois
18		Power Agency Act and for the purpose of up to $6,000,000 of
19		development costs pursuant to Section 8.1 of the Energy
20		Conservation and Coal Development Act.
21		(Source: P.A. 95-1026, eff. 1-12-09; 96-781, eff. 8-28-09;
22		revised 10-13-09.)
23		Section 150. The Build Illinois Bond Act is amended by
24		changing Section 4 as follows:

SB3733 Engrossed - 282 - LRB096 19592 AMC 34984 b
1		(30 ILCS 425/4) (from Ch. 127, par. 2804)
2		Sec. 4. Purposes of Bonds. Bonds shall be issued for the
3		following purposes and in the approximate amounts as set forth
4		below:
5		(a) $2,917,000,000 for the expenses of issuance and sale of
6		Bonds, including bond discounts, and for planning,
7		engineering, acquisition, construction, reconstruction,
8		development, improvement and extension of the public
9		infrastructure in the State of Illinois, including: the making
10		of loans or grants to local governments for waste disposal
11		systems, water and sewer line extensions and water distribution
12		and purification facilities, rail or air or water port
13		improvements, gas and electric utility extensions, publicly
14		owned industrial and commercial sites, buildings used for
15		public administration purposes and other public infrastructure
16		capital improvements; the making of loans or grants to units of
17		local government for financing and construction of wastewater
18		facilities, including grants to serve unincorporated areas;
19		refinancing or retiring bonds issued between January 1, 1987
20		and January 1, 1990 by home rule municipalities, debt service
21		on which is provided from a tax imposed by home rule
22		municipalities prior to January 1, 1990 on the sale of food and
23		drugs pursuant to Section 8-11-1 of the Home Rule Municipal
24		Retailers' Occupation Tax Act or Section 8-11-5 of the Home
25		Rule Municipal Service Occupation Tax Act; the making of
26		deposits not to exceed $70,000,000 in the aggregate into the

SB3733 Engrossed - 283 - LRB096 19592 AMC 34984 b
1		Water Pollution Control Revolving Fund to provide assistance in
2		accordance with the provisions of Title IV-A of the
3		Environmental Protection Act; the planning, engineering,
4		acquisition, construction, reconstruction, alteration,
5		expansion, extension and improvement of highways, bridges,
6		structures separating highways and railroads, rest areas,
7		interchanges, access roads to and from any State or local
8		highway and other transportation improvement projects which
9		are related to economic development activities; the making of
10		loans or grants for planning, engineering, rehabilitation,
11		improvement or construction of rail and transit facilities; the
12		planning, engineering, acquisition, construction,
13		reconstruction and improvement of watershed, drainage, flood
14		control, recreation and related improvements and facilities,
15		including expenses related to land and easement acquisition,
16		relocation, control structures, channel work and clearing and
17		appurtenant work; the making of grants for improvement and
18		development of zoos and park district field houses and related
19		structures; and the making of grants for improvement and
20		development of Navy Pier and related structures.
21		(b) $196,000,000 for fostering economic development and
22		increased employment and the well being of the citizens of
23		Illinois, including: the making of grants for improvement and
24		development of McCormick Place and related structures; the
25		planning and construction of a microelectronics research
26		center, including the planning, engineering, construction,

SB3733 Engrossed - 284 - LRB096 19592 AMC 34984 b
1		improvement, renovation and acquisition of buildings,
2		equipment and related utility support systems; the making of
3		loans to businesses and investments in small businesses;
4		acquiring real properties for industrial or commercial site
5		development; acquiring, rehabilitating and reconveying
6		industrial and commercial properties for the purpose of
7		expanding employment and encouraging private and other public
8		sector investment in the economy of Illinois; the payment of
9		expenses associated with siting the Superconducting Super
10		Collider Particle Accelerator in Illinois and with its
11		acquisition, construction, maintenance, operation, promotion
12		and support; the making of loans for the planning, engineering,
13		acquisition, construction, improvement and conversion of
14		facilities and equipment which will foster the use of Illinois
15		coal; the payment of expenses associated with the promotion,
16		establishment, acquisition and operation of small business
17		incubator facilities and agribusiness research facilities,
18		including the lease, purchase, renovation, planning,
19		engineering, construction and maintenance of buildings,
20		utility support systems and equipment designated for such
21		purposes and the establishment and maintenance of centralized
22		support services within such facilities; and the making of
23		grants or loans to units of local government for Urban
24		Development Action Grant and Housing Partnership programs.
25		(c) $1,352,358,100 for the development and improvement of
26		educational, scientific, technical and vocational programs and

SB3733 Engrossed - 285 - LRB096 19592 AMC 34984 b
1		facilities and the expansion of health and human services for
2		all citizens of Illinois, including: the making of construction
3		and improvement grants and loans to public libraries and
4		library systems; the making of grants and loans for planning,
5		engineering, acquisition and construction of a new State
6		central library in Springfield; the planning, engineering,
7		acquisition and construction of an animal and dairy sciences
8		facility; the planning, engineering, acquisition and
9		construction of a campus and all related buildings, facilities,
10		equipment and materials for Richland Community College; the
11		acquisition, rehabilitation and installation of equipment and
12		materials for scientific and historical surveys; the making of
13		grants or loans for distribution to eligible vocational
14		education instructional programs for the upgrading of
15		vocational education programs, school shops and laboratories,
16		including the acquisition, rehabilitation and installation of
17		technical equipment and materials; the making of grants or
18		loans for distribution to eligible local educational agencies
19		for the upgrading of math and science instructional programs,
20		including the acquisition of instructional equipment and
21		materials; miscellaneous capital improvements for universities
22		and community colleges including the planning, engineering,
23		construction, reconstruction, remodeling, improvement, repair
24		and installation of capital facilities and costs of planning,
25		supplies, equipment, materials, services, and all other
26		required expenses; the making of grants or loans for repair,

SB3733 Engrossed - 286 - LRB096 19592 AMC 34984 b
1		renovation and miscellaneous capital improvements for
2		privately operated colleges and universities and community
3		colleges, including the planning, engineering, acquisition,
4		construction, reconstruction, remodeling, improvement, repair
5		and installation of capital facilities and costs of planning,
6		supplies, equipment, materials, services, and all other
7		required expenses; and the making of grants or loans for
8		distribution to local governments for hospital and other health
9		care facilities including the planning, engineering,
10		acquisition, construction, reconstruction, remodeling,
11		improvement, repair and installation of capital facilities and
12		costs of planning, supplies, equipment, materials, services
13		and all other required expenses.
14		(d) $150,150,900 for protection, preservation, restoration
15		and conservation of environmental and natural resources,
16		including: the making of grants to soil and water conservation
17		districts for the planning and implementation of conservation
18		practices and for funding contracts with the Soil Conservation
19		Service for watershed planning; the making of grants to units
20		of local government for the capital development and improvement
21		of recreation areas, including planning and engineering costs,
22		sewer projects, including planning and engineering costs and
23		water projects, including planning and engineering costs, and
24		for the acquisition of open space lands, including the
25		acquisition of easements and other property interests of less
26		than fee simple ownership; the acquisition and related costs

SB3733 Engrossed - 287 - LRB096 19592 AMC 34984 b
1		and development and management of natural heritage lands,
2		including natural areas and areas providing habitat for
3		endangered species and nongame wildlife, and buffer area lands;
4		the acquisition and related costs and development and
5		management of habitat lands, including forest, wildlife
6		habitat and wetlands; and the removal and disposition of
7		hazardous substances, including the cost of project
8		management, equipment, laboratory analysis, and contractual
9		services necessary for preventative and corrective actions
10		related to the preservation, restoration and conservation of
11		the environment, including deposits not to exceed $60,000,000
12		in the aggregate into the Hazardous Waste Fund and the
13		Brownfields Redevelopment Fund for improvements in accordance
14		with the provisions of Titles V and XVII of the Environmental
15		Protection Act.
16		(e) The amount specified in paragraph (a) above shall
17		include an amount necessary to pay reasonable expenses of each
18		issuance and sale of the Bonds, as specified in the related
19		Bond Sale Order (hereinafter defined).
20		(f) Any unexpended proceeds from any sale of Bonds which
21		are held in the Build Illinois Bond Fund may be used to redeem,
22		purchase, advance refund, or defease any Bonds outstanding.
23		(Source: P.A. 96-36, eff. 7-13-09; 96-503, eff. 8-14-09;
24		revised 10-6-09.)
25		Section 155. The Illinois Procurement Code is amended by

SB3733 Engrossed - 288 - LRB096 19592 AMC 34984 b
1		changing Sections 20-80, 50-11, and 50-60 as follows:
2		(30 ILCS 500/20-80)
3		(Text of Section before amendment by P.A. 96-795)
4		Sec. 20-80. Contract files.
5		(a) Written determinations. All written determinations
6		required under this Article shall be placed in the contract
7		file maintained by the chief procurement officer.
8		(b) Filing with Comptroller. Whenever a grant, defined
9		pursuant to accounting standards established by the
10		Comptroller, or a contract liability, except for: (1) contracts
11		paid from personal services, or (2) contracts between the State
12		and its employees to defer compensation in accordance with
13		Article 24 of the Illinois Pension Code, exceeding $10,000 is
14		incurred by any State agency, a copy of the contract, purchase
15		order, grant, or lease shall be filed with the Comptroller
16		within 15 days thereafter. For each State contract for goods,
17		supplies, or services awarded on or after July 1, 2010, the
18		contracting agency shall provide the applicable rate and unit
19		of measurement of the goods, supplies, or services on the
20		contract obligation document as required by the Comptroller. If
21		the contract obligation document that is submitted to the
22		Comptroller contains the rate and unit of measurement of the
23		goods, supplies, or services, the Comptroller shall provide
24		that information on his or her official website. Any
25		cancellation or modification to any such contract liability

SB3733 Engrossed - 289 - LRB096 19592 AMC 34984 b
1		shall be filed with the Comptroller within 15 days of its
2		execution.
3		(c) Late filing affidavit. When a contract, purchase order,
4		grant, or lease required to be filed by this Section has not
5		been filed within 30 days of execution, the Comptroller shall
6		refuse to issue a warrant for payment thereunder until the
7		agency files with the Comptroller the contract, purchase order,
8		grant, or lease and an affidavit, signed by the chief executive
9		officer of the agency or his or her designee, setting forth an
10		explanation of why the contract liability was not filed within
11		30 days of execution. A copy of this affidavit shall be filed
12		with the Auditor General.
13		(d) Professional and artistic services contracts. No
14		voucher shall be submitted to the Comptroller for a warrant to
15		be drawn for the payment of money from the State treasury or
16		from other funds held by the State Treasurer on account of any
17		contract for services involving professional or artistic
18		skills involving an expenditure of more than $5,000 for the
19		same type of service at the same location during any fiscal
20		year unless the contract is reduced to writing before the
21		services are performed and filed with the Comptroller. When a
22		contract for professional or artistic skills in excess of
23		$5,000 was not reduced to writing before the services were
24		performed, the Comptroller shall refuse to issue a warrant for
25		payment for the services until the State agency files with the
26		Comptroller:

SB3733 Engrossed - 290 - LRB096 19592 AMC 34984 b
1		(1) a written contract covering the services, and
2		(2) an affidavit, signed by the chief executive officer
3		of the State agency or his or her designee, stating that
4		the services for which payment is being made were agreed to
5		before commencement of the services and setting forth an
6		explanation of why the contract was not reduced to writing
7		before the services commenced.
8		A copy of this affidavit shall be filed with the Auditor
9		General. The Comptroller shall maintain professional or
10		artistic service contracts filed under this Section separately
11		from other filed contracts.
12		(e) Method of source selection. When a contract is filed
13		with the Comptroller under this Section, the Comptroller's file
14		shall identify the method of source selection used in obtaining
15		the contract.
16		(Source: P.A. 96-794, eff. 1-1-10.)
17		(Text of Section after amendment by P.A. 96-795)
18		Sec. 20-80. Contract files.
19		(a) Written determinations. All written determinations
20		required under this Article shall be placed in the contract
21		file maintained by the chief procurement officer.
22		(b) Filing with Comptroller. Whenever a grant, defined
23		pursuant to accounting standards established by the
24		Comptroller, or a contract liability, except for: (1) contracts
25		paid from personal services, or (2) contracts between the State

SB3733 Engrossed - 291 - LRB096 19592 AMC 34984 b
1		and its employees to defer compensation in accordance with
2		Article 24 of the Illinois Pension Code, exceeding $10,000 is
3		incurred by any State agency, a copy of the contract, purchase
4		order, grant, or lease shall be filed with the Comptroller
5		within 15 days thereafter. For each State contract for goods,
6		supplies, or services awarded on or after July 1, 2010, the
7		contracting agency shall provide the applicable rate and unit
8		of measurement of the goods, supplies, or services on the
9		contract obligation document as required by the Comptroller. If
10		the contract obligation document that is submitted to the
11		Comptroller contains the rate and unit of measurement of the
12		goods, supplies, or services, the Comptroller shall provide
13		that information on his or her official website. Any
14		cancellation or modification to any such contract liability
15		shall be filed with the Comptroller within 15 days of its
16		execution.
17		(c) Late filing affidavit. When a contract, purchase order,
18		grant, or lease required to be filed by this Section has not
19		been filed within 30 days of execution, the Comptroller shall
20		refuse to issue a warrant for payment thereunder until the
21		agency files with the Comptroller the contract, purchase order,
22		grant, or lease and an affidavit, signed by the chief executive
23		officer of the agency or his or her designee, setting forth an
24		explanation of why the contract liability was not filed within
25		30 days of execution. A copy of this affidavit shall be filed
26		with the Auditor General.

SB3733 Engrossed - 292 - LRB096 19592 AMC 34984 b
1		(d) Timely execution of contracts. No voucher shall be
2		submitted to the Comptroller for a warrant to be drawn for the
3		payment of money from the State treasury or from other funds
4		held by the State Treasurer on account of any contract unless
5		the contract is reduced to writing before the services are
6		performed and filed with the Comptroller. Vendors shall not be
7		paid for any goods that were received or services that were
8		rendered before the contract was reduced to writing and signed
9		by all necessary parties. A chief procurement officer may
10		request an exception to this subsection by submitting a written
11		statement to the Comptroller and Treasurer setting forth the
12		circumstances and reasons why the contract could not be reduced
13		to writing before the supplies were received or services were
14		performed. A waiver of this subsection must be approved by the
15		Comptroller and Treasurer. A copy of this affidavit shall be
16		filed with the Auditor General. This Section shall not apply to
17		emergency purchases if notice of the emergency purchase is
18		filed with the Procurement Policy Board and published in the
19		Bulletin as required by this Code.
20		(e) Method of source selection. When a contract is filed
21		with the Comptroller under this Section, the Comptroller's file
22		shall identify the method of source selection used in obtaining
23		the contract.
24		(Source: P.A. 96-794, eff. 1-1-10; 96-795, eff. 7-1-10; (see
25		Section 5 of P.A. 96-793 for the effective date of changes made
26		by P.A. 96-795); revised 12-1-09.)

SB3733 Engrossed - 293 - LRB096 19592 AMC 34984 b
1		(30 ILCS 500/50-11)
2		(Text of Section before amendment by P.A. 96-795)
3		Sec. 50-11. Debt delinquency.
4		(a) No person shall submit a bid for or enter into a
5		contract with a State agency under this Code if that person
6		knows or should know that he or she or any affiliate is
7		delinquent in the payment of any debt to the State, unless the
8		person or affiliate has entered into a deferred payment plan to
9		pay off the debt. For purposes of this Section, the phrase
10		"delinquent in the payment of any debt" shall be determined by
11		the Debt Collection Bureau. For purposes of this Section, the
12		term "affiliate" means any entity that (1) directly,
13		indirectly, or constructively controls another entity, (2) is
14		directly, indirectly, or constructively controlled by another
15		entity, or (3) is subject to the control of a common entity.
16		For purposes of this subsection (a), a person controls an
17		entity if the person owns, directly or individually, more than
18		10% of the voting securities of that entity. As used in this
19		subsection (a), the term "voting security" means a security
20		that (1) confers upon the holder the right to vote for the
21		election of members of the board of directors or similar
22		governing body of the business or (2) is convertible into, or
23		entitles the holder to receive upon its exercise, a security
24		that confers such a right to vote. A general partnership
25		interest is a voting security.

SB3733 Engrossed - 294 - LRB096 19592 AMC 34984 b
1		(b) Every bid submitted to and contract executed by the
2		State shall contain a certification by the bidder or contractor
3		that the contractor and its affiliate is not barred from being
4		awarded a contract under this Section and that the contractor
5		acknowledges that the contracting State agency may declare the
6		contract void if the certification completed pursuant to this
7		subsection (b) is false.
8		(Source: P.A. 96-493, eff. 1-1-10.)
9		(Text of Section after amendment by P.A. 96-795)
10		Sec. 50-11. Debt delinquency.
11		(a) No person shall submit a bid for or enter into a
12		contract or subcontract under this Code if that person knows or
13		should know that he or she or any affiliate is delinquent in
14		the payment of any debt to the State, unless the person or
15		affiliate has entered into a deferred payment plan to pay off
16		the debt. For purposes of this Section, the phrase "delinquent
17		in the payment of any debt" shall be determined by the Debt
18		Collection Bureau. For purposes of this Section, the term
19		"affiliate" means any entity that (1) directly, indirectly, or
20		constructively controls another entity, (2) is directly,
21		indirectly, or constructively controlled by another entity, or
22		(3) is subject to the control of a common entity. For purposes
23		of this subsection (a), a person controls an entity if the
24		person owns, directly or individually, more than 10% of the
25		voting securities of that entity. As used in this subsection

SB3733 Engrossed - 295 - LRB096 19592 AMC 34984 b
1		(a), the term "voting security" means a security that (1)
2		confers upon the holder the right to vote for the election of
3		members of the board of directors or similar governing body of
4		the business or (2) is convertible into, or entitles the holder
5		to receive upon its exercise, a security that confers such a
6		right to vote. A general partnership interest is a voting
7		security.
8		(b) Every bid submitted to and contract executed by the
9		State and every subcontract subject to Section 20-120 of this
10		Code shall contain a certification by the bidder, contractor,
11		or subcontractor, respectively, that the contractor or the
12		subcontractor and its affiliate is not barred from being
13		awarded a contract or subcontract under this Section and
14		acknowledges that the chief procurement officer may declare the
15		related contract void if any of the certifications completed
16		pursuant to this subsection (b) are false.
17		(Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see
18		Section 5 of P.A. 96-793 for effective date of changes made by
19		P.A. 96-795); revised 12-1-09.)
20		(30 ILCS 500/50-60)
21		(Text of Section before amendment by P.A. 96-795)
22		Sec. 50-60. Voidable contracts.
23		(a) If any contract is entered into or purchase or
24		expenditure of funds is made in violation of this Code or any
25		other law, the contract may be declared void by the chief

SB3733 Engrossed - 296 - LRB096 19592 AMC 34984 b
1		procurement officer or may be ratified and affirmed, provided
2		the chief procurement officer determines that ratification is
3		in the best interests of the State. If the contract is ratified
4		and affirmed, it shall be without prejudice to the State's
5		rights to any appropriate damages.
6		(b) If, during the term of a contract, the contracting
7		agency determines that the contractor is delinquent in the
8		payment of debt as set forth in Section 50-11 of this Code, the
9		State agency may declare the contract void if it determines
10		that voiding the contract is in the best interests of the
11		State. The Debt Collection Bureau shall adopt rules for the
12		implementation of this subsection (b).
13		(c) If, during the term of a contract, the contracting
14		agency determines that the contractor is in violation of
15		Section 50-10.5 of this Code, the contracting agency shall
16		declare the contract void.
17		(Source: P.A. 96-493, eff. 1-1-10.)
18		(Text of Section after amendment by P.A. 96-795)
19		Sec. 50-60. Voidable contracts.
20		(a) If any contract or amendment thereto is entered into or
21		purchase or expenditure of funds is made at any time in
22		violation of this Code or any other law, the contract or
23		amendment thereto may be declared void by the chief procurement
24		officer or may be ratified and affirmed, provided the chief
25		procurement officer determines that ratification is in the best

SB3733 Engrossed - 297 - LRB096 19592 AMC 34984 b
1		interests of the State. If the contract is ratified and
2		affirmed, it shall be without prejudice to the State's rights
3		to any appropriate damages.
4		(b) If, during the term of a contract, the chief
5		procurement officer determines that the contractor is
6		delinquent in the payment of debt as set forth in Section 50-11
7		of this Code, the chief procurement officer may declare the
8		contract void if it determines that voiding the contract is in
9		the best interests of the State. The Debt Collection Bureau
10		shall adopt rules for the implementation of this subsection
11		(b).
12		(c) If, during the term of a contract, the chief
13		procurement officer determines that the contractor is in
14		violation of Section 50-10.5 of this Code, the chief
15		procurement officer shall declare the contract void.
16		(d) If, during the term of a contract, the contracting
17		agency learns from an annual certification or otherwise
18		determines that the contractor no longer qualifies to enter
19		into State contracts by reason of Section 50-5, 50-10, 50-12,
20		50-14, or 50-14.5 of this Article, the chief procurement
21		officer may declare the contract void if it determines that
22		voiding the contract is in the best interests of the State.
23		(e) If, during the term of a contract, the chief
24		procurement officer learns from an annual certification or
25		otherwise determines that a subcontractor subject to Section
26		20-120 no longer qualifies to enter into State contracts by

SB3733 Engrossed - 298 - LRB096 19592 AMC 34984 b
1		reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or
2		50-14.5 of this Article, the chief procurement officer may
3		declare the related contract void if it determines that voiding
4		the contract is in the best interests of the State.
5		(f) The changes to this Section made by Public Act 96-795
6		this amendatory Act of the 96th General Assembly apply to
7		actions taken by the chief procurement officer on or after July
8		1, 2010 its effective date.
9		(Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see
10		Section 5 of P.A. 96-793 for the effective date of changes made
11		by P.A. 96-795); revised 12-1-09.)
12		Section 160. The State Prompt Payment Act is amended by
13		changing Section 3-2 as follows:
14		(30 ILCS 540/3-2)
15		Sec. 3-2. Beginning July 1, 1993, in any instance where a
16		State official or agency is late in payment of a vendor's bill
17		or invoice for goods or services furnished to the State, as
18		defined in Section 1, properly approved in accordance with
19		rules promulgated under Section 3-3, the State official or
20		agency shall pay interest to the vendor in accordance with the
21		following:
22		(1) Any bill, except a bill submitted under Article V
23		of the Illinois Public Aid Code, approved for payment under
24		this Section must be paid or the payment issued to the

SB3733 Engrossed - 299 - LRB096 19592 AMC 34984 b
1		payee within 60 days of receipt of a proper bill or
2		invoice. If payment is not issued to the payee within this
3		60 day period, an interest penalty of 1.0% of any amount
4		approved and unpaid shall be added for each month or
5		fraction thereof after the end of this 60 day period, until
6		final payment is made. Any bill submitted under Article V
7		of the Illinois Public Aid Code approved for payment under
8		this Section must be paid or the payment issued to the
9		payee within 60 days after receipt of a proper bill or
10		invoice, and, if payment is not issued to the payee within
11		this 60-day period, an interest penalty of 2.0% of any
12		amount approved and unpaid shall be added for each month or
13		fraction thereof after the end of this 60-day period, until
14		final payment is made.
15		(1.1) A State agency shall review in a timely manner
16		each bill or invoice after its receipt. If the State agency
17		determines that the bill or invoice contains a defect
18		making it unable to process the payment request, the agency
19		shall notify the vendor requesting payment as soon as
20		possible after discovering the defect pursuant to rules
21		promulgated under Section 3-3; provided, however, that the
22		notice for construction related bills or invoices must be
23		given not later than 30 days after the bill or invoice was
24		first submitted. The notice shall identify the defect and
25		any additional information necessary to correct the
26		defect. If one or more items on a construction related bill

SB3733 Engrossed - 300 - LRB096 19592 AMC 34984 b
1		or invoice are disapproved, but not the entire bill or
2		invoice, then the portion that is not disapproved shall be
3		paid.
4		(2) Where a State official or agency is late in payment
5		of a vendor's bill or invoice properly approved in
6		accordance with this Act, and different late payment terms
7		are not reduced to writing as a contractual agreement, the
8		State official or agency shall automatically pay interest
9		penalties required by this Section to the appropriate
10		vendor. Each agency shall be responsible for determining
11		whether an interest penalty is owed and for paying the
12		interest to the vendor. In the event an individual has paid
13		a vendor for services in advance, the provisions of this
14		Section shall apply until payment is made to that
15		individual.
16		(Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10;
17		revised 11-25-09.)
18		Section 165. The Public Construction Bond Act is amended by
19		changing Sections 1 and 3 as follows:
20		(30 ILCS 550/1) (from Ch. 29, par. 15)
21		Sec. 1. Except as otherwise provided by this Act, all
22		officials, boards, commissions, or agents of this State in
23		making contracts for public work of any kind costing over
24		$50,000 to be performed for the State, and all officials,

SB3733 Engrossed - 301 - LRB096 19592 AMC 34984 b
1		boards, commissions, or agents of any political subdivision of
2		this State in making contracts for public work of any kind
3		costing over $5,000 to be performed for the political
4		subdivision, shall require every contractor for the work to
5		furnish, supply and deliver a bond to the State, or to the
6		political subdivision thereof entering into the contract, as
7		the case may be, with good and sufficient sureties. The amount
8		of the bond shall be fixed by the officials, boards,
9		commissions, commissioners or agents, and the bond, among other
10		conditions, shall be conditioned for the completion of the
11		contract, for the payment of material used in the work and for
12		all labor performed in the work, whether by subcontractor or
13		otherwise.
14		If the contract is for emergency repairs as provided in the
15		Illinois Procurement Code, proof of payment for all labor,
16		materials, apparatus, fixtures, and machinery may be furnished
17		in lieu of the bond required by this Section.
18		Each such bond is deemed to contain the following
19		provisions whether such provisions are inserted in such bond or
20		not:
21		"The principal and sureties on this bond agree that all the
22		undertakings, covenants, terms, conditions and agreements of
23		the contract or contracts entered into between the principal
24		and the State or any political subdivision thereof will be
25		performed and fulfilled and to pay all persons, firms and
26		corporations having contracts with the principal or with

SB3733 Engrossed - 302 - LRB096 19592 AMC 34984 b
1		subcontractors, all just claims due them under the provisions
2		of such contracts for labor performed or materials furnished in
3		the performance of the contract on account of which this bond
4		is given, when such claims are not satisfied out of the
5		contract price of the contract on account of which this bond is
6		given, after final settlement between the officer, board,
7		commission or agent of the State or of any political
8		subdivision thereof and the principal has been made.".
9		Each bond securing contracts between the Capital
10		Development Board or any board of a public institution of
11		higher education and a contractor shall contain the following
12		provisions, whether the provisions are inserted in the bond or
13		not:
14		"Upon the default of the principal with respect to
15		undertakings, covenants, terms, conditions, and agreements,
16		the termination of the contractor's right to proceed with the
17		work, and written notice of that default and termination by the
18		State or any political subdivision to the surety ("Notice"),
19		the surety shall promptly remedy the default by taking one of
20		the following actions:
21		(1) The surety shall complete the work pursuant to a
22		written takeover agreement, using a completing contractor
23		jointly selected by the surety and the State or any
24		political subdivision; or
25		(2) The surety shall pay a sum of money to the obligee,
26		up to the penal sum of the bond, that represents the

SB3733 Engrossed - 303 - LRB096 19592 AMC 34984 b
1		reasonable cost to complete the work that exceeds the
2		unpaid balance of the contract sum.
3		The surety shall respond to the Notice within 15 working
4		days of receipt indicating the course of action that it intends
5		to take or advising that it requires more time to investigate
6		the default and select a course of action. If the surety
7		requires more than 15 working days to investigate the default
8		and select a course of action or if the surety elects to
9		complete the work with a completing contractor that is not
10		prepared to commence performance within 15 working days after
11		receipt of Notice, and if the State or any political
12		subdivision determines it is in the best interest of the State
13		to maintain the progress of the work, the State or any
14		political subdivision may continue to work until the completing
15		contractor is prepared to commence performance. Unless
16		otherwise agreed to by the procuring agency, in no case may the
17		surety take longer than 30 working days to advise the State or
18		political subdivision on the course of action it intends to
19		take. The surety shall be liable for reasonable costs incurred
20		by the State or any political subdivision to maintain the
21		progress to the extent the costs exceed the unpaid balance of
22		the contract sum, subject to the penal sum of the bond.".
23		The surety bond required by this Section may be acquired
24		from the company, agent or broker of the contractor's choice.
25		The bond and sureties shall be subject to the right of
26		reasonable approval or disapproval, including suspension, by

SB3733 Engrossed - 304 - LRB096 19592 AMC 34984 b
1		the State or political subdivision thereof concerned. In the
2		case of State construction contracts, a contractor shall not be
3		required to post a cash bond or letter of credit in addition to
4		or as a substitute for the surety bond required by this
5		Section.
6		When other than motor fuel tax funds, federal-aid funds, or
7		other funds received from the State are used, a political
8		subdivision may allow the contractor to provide a
9		non-diminishing irrevocable bank letter of credit, in lieu of
10		the bond required by this Section, on contracts under $100,000
11		to comply with the requirements of this Section. Any such bank
12		letter of credit shall contain all provisions required for
13		bonds by this Section.
14		(Source: P.A. 95-1011, eff. 12-15-08; revised 10-30-09.)
15		(30 ILCS 550/3)
16		Sec. 3. Builder or developer cash bond or other surety.
17		(a) A county or municipality may not require a cash bond,
18		irrevocable letter of credit, surety bond, or letter of
19		commitment issued by a bank, savings and loan association,
20		surety, or insurance company from a builder or developer to
21		guarantee completion of a project improvement when the builder
22		or developer has filed with the county or municipal clerk a
23		current, irrevocable letter of credit, surety bond, or letter
24		of commitment issued by a bank, savings and loan association,
25		surety, or insurance company, deemed good and sufficient by the

SB3733 Engrossed - 305 - LRB096 19592 AMC 34984 b
1		county or municipality accepting such security, in an amount
2		equal to or greater than 110% of the amount of the bid on each
3		project improvement. A builder or developer has the option to
4		utilize a cash bond, irrevocable letter of credit, surety bond,
5		or letter of commitment, issued by a bank, savings and loan
6		association, surety, or insurance company, deemed good and
7		sufficient by the county or municipality, to satisfy any cash
8		bond requirement established by a county or municipality.
9		Except for a municipality or county with a population of
10		1,000,000 or more, the county or municipality must approve and
11		deem a surety or insurance company good and sufficient for the
12		purposes set forth in this Section if the surety or insurance
13		company is authorized by the Illinois Department of Insurance
14		to sell and issue sureties in the State of Illinois.
15		(b) If a county or municipality receives a cash bond,
16		irrevocable letter of credit, or surety bond from a builder or
17		developer to guarantee completion of a project improvement, the
18		county or municipality shall (i) register the bond under the
19		address of the project and the construction permit number and
20		(ii) give the builder or developer a receipt for the bond. The
21		county or municipality shall establish and maintain a separate
22		account for all cash bonds received from builders and
23		developers to guarantee completion of a project improvement.
24		(c) The county or municipality shall refund a cash bond to
25		a builder or developer, or release the irrevocable letter of
26		credit or surety bond, within 60 days after the builder or

SB3733 Engrossed - 306 - LRB096 19592 AMC 34984 b
1		developer notifies the county or municipality in writing of the
2		completion of the project improvement for which the bond was
3		required. For these purposes, "completion" means that the
4		county or municipality has determined that the project
5		improvement for which the bond was required is complete or a
6		licensed engineer or licensed architect has certified to the
7		builder or developer and the county or municipality that the
8		project improvement has been completed to the applicable codes
9		and ordinances. The county or municipality shall pay interest
10		to the builder or developer, beginning 60 days after the
11		builder or developer notifies the county or municipality in
12		writing of the completion of the project improvement, on any
13		bond not refunded to a builder or developer, at the rate of 1%
14		per month.
15		(d) A home rule county or municipality may not require or
16		maintain cash bonds, irrevocable letters of credit, surety
17		bonds, or letters of commitment issued by a bank, savings and
18		loan association, surety, or insurance company from builders or
19		developers in a manner inconsistent with this Section. This
20		Section supersedes supercedes and controls over other
21		provisions of the Counties Code or Illinois Municipal Code as
22		they apply to and guarantee completion of a project improvement
23		that is required by the county or municipality, regardless of
24		whether the project improvement is a condition of annexation
25		agreements. This Section is a denial and limitation under
26		subsection (i) of Section 6 of Article VII of the Illinois

SB3733 Engrossed - 307 - LRB096 19592 AMC 34984 b
1		Constitution on the concurrent exercise by a home rule county
2		or municipality of powers and functions exercised by the State.
3		(Source: P.A. 92-479, eff. 1-1-02; revised 10-30-09.)
4		Section 170. The Business Enterprise for Minorities,
5		Females, and Persons with Disabilities Act is amended by
6		changing Sections 2 and 4 as follows:
7		(30 ILCS 575/2)
8		(Text of Section before amendment by P.A. 96-795)
9		(Section scheduled to be repealed on June 30, 2010)
10		Sec. 2. Definitions.
11		(A) For the purpose of this Act, the following terms shall
12		have the following definitions:
13		(1) "Minority person" shall mean a person who is a citizen
14		or lawful permanent resident of the United States and who is:
15		(a) African American (a person having origins in any of
16		the black racial groups in Africa);
17		(b) Hispanic (a person of Spanish or Portuguese culture
18		with origins in Mexico, South or Central America, or the
19		Caribbean Islands, regardless of race);
20		(c) Asian American (a person having origins in any of
21		the original peoples of the Far East, Southeast Asia, the
22		Indian Subcontinent or the Pacific Islands); or
23		(d) Native American or Alaskan Native (a person having
24		origins in any of the original peoples of North America).

SB3733 Engrossed - 308 - LRB096 19592 AMC 34984 b
1		(2) "Female" shall mean a person who is a citizen or lawful
2		permanent resident of the United States and who is of the
3		female gender.
4		(2.05) "Person with a disability" means a person who is a
5		citizen or lawful resident of the United States and is a person
6		qualifying as being disabled under subdivision (2.1) of this
7		subsection (A).
8		(2.1) "Disabled" means a severe physical or mental
9		disability that:
10		(a) results from:
11		amputation,
12		arthritis,
13		autism,
14		blindness,
15		burn injury,
16		cancer,
17		cerebral palsy,
18		Crohn's disease,
19		cystic fibrosis,
20		deafness,
21		head injury,
22		heart disease,
23		hemiplegia,
24		hemophilia,
25		respiratory or pulmonary dysfunction,
26		mental retardation,

SB3733 Engrossed - 309 - LRB096 19592 AMC 34984 b
1		mental illness,
2		multiple sclerosis,
3		muscular dystrophy,
4		musculoskeletal disorders,
5		neurological disorders, including stroke and epilepsy,
6		paraplegia,
7		quadriplegia and other spinal cord conditions,
8		sickle cell anemia,
9		ulcerative colitis,
10		specific learning disabilities, or
11		end stage renal failure disease; and
12		(b) substantially limits one or more of the person's major
13		life activities.
14		Another disability or combination of disabilities may also
15		be considered as a severe disability for the purposes of item
16		(a) of this subdivision (2.1) if it is determined by an
17		evaluation of rehabilitation potential to cause a comparable
18		degree of substantial functional limitation similar to the
19		specific list of disabilities listed in item (a) of this
20		subdivision (2.1).
21		(3) "Minority owned business" means a business concern
22		which is at least 51% owned by one or more minority persons, or
23		in the case of a corporation, at least 51% of the stock in
24		which is owned by one or more minority persons; and the
25		management and daily business operations of which are
26		controlled by one or more of the minority individuals who own

SB3733 Engrossed - 310 - LRB096 19592 AMC 34984 b
1		it.
2		(4) "Female owned business" means a business concern which
3		is at least 51% owned by one or more females, or, in the case of
4		a corporation, at least 51% of the stock in which is owned by
5		one or more females; and the management and daily business
6		operations of which are controlled by one or more of the
7		females who own it.
8		(4.1) "Business owned by a person with a disability" means
9		a business concern that is at least 51% owned by one or more
10		persons with a disability and the management and daily business
11		operations of which are controlled by one or more of the
12		persons with disabilities who own it. A not-for-profit agency
13		for persons with disabilities that is exempt from taxation
14		under Section 501 of the Internal Revenue Code of 1986 is also
15		considered a "business owned by a person with a disability".
16		(4.2) "Council" means the Business Enterprise Council for
17		Minorities, Females, and Persons with Disabilities created
18		under Section 5 of this Act.
19		(5) "State contracts" shall mean all State contracts,
20		funded exclusively with State funds which are not subject to
21		federal reimbursement, whether competitively bid or negotiated
22		as defined by the Secretary of the Council and approved by the
23		Council.
24		"State construction contracts" means all State contracts
25		entered into by a State agency or State university for the
26		repair, remodeling, renovation or construction of a building or

SB3733 Engrossed - 311 - LRB096 19592 AMC 34984 b
1		structure, or for the construction or maintenance of a highway
2		defined in Article 2 of the Illinois Highway Code.
3		(6) "State agencies" shall mean all departments, officers,
4		boards, commissions, institutions and bodies politic and
5		corporate of the State, but does not include the Board of
6		Trustees of the University of Illinois, the Board of Trustees
7		of Southern Illinois University, the Board of Trustees of
8		Chicago State University, the Board of Trustees of Eastern
9		Illinois University, the Board of Trustees of Governors State
10		University, the Board of Trustees of Illinois State University,
11		the Board of Trustees of Northeastern Illinois University, the
12		Board of Trustees of Northern Illinois University, the Board of
13		Trustees of Western Illinois University, municipalities or
14		other local governmental units, or other State constitutional
15		officers.
16		(7) "State universities" shall mean the Board of Trustees
17		of the University of Illinois, the Board of Trustees of
18		Southern Illinois University, the Board of Trustees of Chicago
19		State University, the Board of Trustees of Eastern Illinois
20		University, the Board of Trustees of Governors State
21		University, the Board of Trustees of Illinois State University,
22		the Board of Trustees of Northeastern Illinois University, the
23		Board of Trustees of Northern Illinois University, and the
24		Board of Trustees of Western Illinois University.
25		(8) "Certification" means a determination made by the
26		Council or by one delegated authority from the Council to make

SB3733 Engrossed - 312 - LRB096 19592 AMC 34984 b
1		certifications, or by a State agency with statutory authority
2		to make such a certification, that a business entity is a
3		business owned by a minority, female, or person with a
4		disability for whatever purpose.
5		(9) "Control" means the exclusive or ultimate and sole
6		control of the business including, but not limited to, capital
7		investment and all other financial matters, property,
8		acquisitions, contract negotiations, legal matters,
9		officer-director-employee selection and comprehensive hiring,
10		operating responsibilities, cost-control matters, income and
11		dividend matters, financial transactions and rights of other
12		shareholders or joint partners. Control shall be real,
13		substantial and continuing, not pro forma. Control shall
14		include the power to direct or cause the direction of the
15		management and policies of the business and to make the
16		day-to-day as well as major decisions in matters of policy,
17		management and operations. Control shall be exemplified by
18		possessing the requisite knowledge and expertise to run the
19		particular business and control shall not include simple
20		majority or absentee ownership.
21		(10) "Business concern or business" means a business that
22		has average annual gross sales over the 3 most recent calendar
23		years of less than $31,400,000 as evidenced by the federal
24		income tax return of the business. A firm with gross sales in
25		excess of this cap may apply to the Council for certification
26		for a particular contract if the firm can demonstrate that the

SB3733 Engrossed - 313 - LRB096 19592 AMC 34984 b
1		contract would have significant impact on businesses owned by
2		minorities, females, or persons with disabilities as suppliers
3		or subcontractors or in employment of minorities, females, or
4		persons with disabilities.
5		(B) When a business concern is owned at least 51% by any
6		combination of minority persons, females, or persons with
7		disabilities, even though none of the 3 classes alone holds at
8		least a 51% interest, the ownership requirement for purposes of
9		this Act is considered to be met. The certification category
10		for the business is that of the class holding the largest
11		ownership interest in the business. If 2 or more classes have
12		equal ownership interests, the certification category shall be
13		determined by the Department of Central Management Services.
14		(Source: P.A. 95-344, eff. 8-21-07; 96-453, eff. 8-14-09.)
15		(Text of Section after amendment by P.A. 96-795)
16		(Section scheduled to be repealed on June 30, 2010)
17		Sec. 2. Definitions.
18		(A) For the purpose of this Act, the following terms shall
19		have the following definitions:
20		(1) "Minority person" shall mean a person who is a citizen
21		or lawful permanent resident of the United States and who is:
22		(a) African American (a person having origins in any of
23		the black racial groups in Africa);
24		(b) Hispanic (a person of Spanish or Portuguese culture
25		with origins in Mexico, South or Central America, or the

SB3733 Engrossed - 314 - LRB096 19592 AMC 34984 b
1		Caribbean Islands, regardless of race);
2		(c) Asian American (a person having origins in any of
3		the original peoples of the Far East, Southeast Asia, the
4		Indian Subcontinent or the Pacific Islands); or
5		(d) Native American or Alaskan Native (a person having
6		origins in any of the original peoples of North America).
7		(2) "Female" shall mean a person who is a citizen or lawful
8		permanent resident of the United States and who is of the
9		female gender.
10		(2.05) "Person with a disability" means a person who is a
11		citizen or lawful resident of the United States and is a person
12		qualifying as being disabled under subdivision (2.1) of this
13		subsection (A).
14		(2.1) "Disabled" means a severe physical or mental
15		disability that:
16		(a) results from:
17		amputation,
18		arthritis,
19		autism,
20		blindness,
21		burn injury,
22		cancer,
23		cerebral palsy,
24		Crohn's disease,
25		cystic fibrosis,
26		deafness,

SB3733 Engrossed - 315 - LRB096 19592 AMC 34984 b
1		head injury,
2		heart disease,
3		hemiplegia,
4		hemophilia,
5		respiratory or pulmonary dysfunction,
6		mental retardation,
7		mental illness,
8		multiple sclerosis,
9		muscular dystrophy,
10		musculoskeletal disorders,
11		neurological disorders, including stroke and epilepsy,
12		paraplegia,
13		quadriplegia and other spinal cord conditions,
14		sickle cell anemia,
15		ulcerative colitis,
16		specific learning disabilities, or
17		end stage renal failure disease; and
18		(b) substantially limits one or more of the person's major
19		life activities.
20		Another disability or combination of disabilities may also
21		be considered as a severe disability for the purposes of item
22		(a) of this subdivision (2.1) if it is determined by an
23		evaluation of rehabilitation potential to cause a comparable
24		degree of substantial functional limitation similar to the
25		specific list of disabilities listed in item (a) of this
26		subdivision (2.1).

SB3733 Engrossed - 316 - LRB096 19592 AMC 34984 b
1		(3) "Minority owned business" means a business concern
2		which is at least 51% owned by one or more minority persons, or
3		in the case of a corporation, at least 51% of the stock in
4		which is owned by one or more minority persons; and the
5		management and daily business operations of which are
6		controlled by one or more of the minority individuals who own
7		it.
8		(4) "Female owned business" means a business concern which
9		is at least 51% owned by one or more females, or, in the case of
10		a corporation, at least 51% of the stock in which is owned by
11		one or more females; and the management and daily business
12		operations of which are controlled by one or more of the
13		females who own it.
14		(4.1) "Business owned by a person with a disability" means
15		a business concern that is at least 51% owned by one or more
16		persons with a disability and the management and daily business
17		operations of which are controlled by one or more of the
18		persons with disabilities who own it. A not-for-profit agency
19		for persons with disabilities that is exempt from taxation
20		under Section 501 of the Internal Revenue Code of 1986 is also
21		considered a "business owned by a person with a disability".
22		(4.2) "Council" means the Business Enterprise Council for
23		Minorities, Females, and Persons with Disabilities created
24		under Section 5 of this Act.
25		(5) "State contracts" shall mean all State contracts,
26		funded exclusively with State funds which are not subject to

SB3733 Engrossed - 317 - LRB096 19592 AMC 34984 b
1		federal reimbursement, whether competitively bid or negotiated
2		as defined by the Secretary of the Council and approved by the
3		Council.
4		"State construction contracts" means all State contracts
5		entered into by a State agency or State university for the
6		repair, remodeling, renovation or construction of a building or
7		structure, or for the construction or maintenance of a highway
8		defined in Article 2 of the Illinois Highway Code.
9		(6) "State agencies" shall mean all departments, officers,
10		boards, commissions, institutions and bodies politic and
11		corporate of the State, but does not include the Board of
12		Trustees of the University of Illinois, the Board of Trustees
13		of Southern Illinois University, the Board of Trustees of
14		Chicago State University, the Board of Trustees of Eastern
15		Illinois University, the Board of Trustees of Governors State
16		University, the Board of Trustees of Illinois State University,
17		the Board of Trustees of Northeastern Illinois University, the
18		Board of Trustees of Northern Illinois University, the Board of
19		Trustees of Western Illinois University, municipalities or
20		other local governmental units, or other State constitutional
21		officers.
22		(7) "State universities" shall mean the Board of Trustees
23		of the University of Illinois, the Board of Trustees of
24		Southern Illinois University, the Board of Trustees of Chicago
25		State University, the Board of Trustees of Eastern Illinois
26		University, the Board of Trustees of Governors State

SB3733 Engrossed - 318 - LRB096 19592 AMC 34984 b
1		University, the Board of Trustees of Illinois State University,
2		the Board of Trustees of Northeastern Illinois University, the
3		Board of Trustees of Northern Illinois University, and the
4		Board of Trustees of Western Illinois University.
5		(8) "Certification" means a determination made by the
6		Council or by one delegated authority from the Council to make
7		certifications, or by a State agency with statutory authority
8		to make such a certification, that a business entity is a
9		business owned by a minority, female, or person with a
10		disability for whatever purpose. A business owned and
11		controlled by females shall select and designate whether such
12		business is to be certified as a "Female-owned business" or
13		"Minority-owned business" if the females are also minorities.
14		(9) "Control" means the exclusive or ultimate and sole
15		control of the business including, but not limited to, capital
16		investment and all other financial matters, property,
17		acquisitions, contract negotiations, legal matters,
18		officer-director-employee selection and comprehensive hiring,
19		operating responsibilities, cost-control matters, income and
20		dividend matters, financial transactions and rights of other
21		shareholders or joint partners. Control shall be real,
22		substantial and continuing, not pro forma. Control shall
23		include the power to direct or cause the direction of the
24		management and policies of the business and to make the
25		day-to-day as well as major decisions in matters of policy,
26		management and operations. Control shall be exemplified by

SB3733 Engrossed - 319 - LRB096 19592 AMC 34984 b
1		possessing the requisite knowledge and expertise to run the
2		particular business and control shall not include simple
3		majority or absentee ownership.
4		(10) "Business concern or business" means a business that
5		has annual gross sales of less than $75,000,000 as evidenced by
6		the federal income tax return of the business. A firm with
7		gross sales in excess of this cap may apply to the Council for
8		certification for a particular contract if the firm can
9		demonstrate that the contract would have significant impact on
10		businesses owned by minorities, females, or persons with
11		disabilities as suppliers or subcontractors or in employment of
12		minorities, females, or persons with disabilities.
13		(B) When a business concern is owned at least 51% by any
14		combination of minority persons, females, or persons with
15		disabilities, even though none of the 3 classes alone holds at
16		least a 51% interest, the ownership requirement for purposes of
17		this Act is considered to be met. The certification category
18		for the business is that of the class holding the largest
19		ownership interest in the business. If 2 or more classes have
20		equal ownership interests, the certification category shall be
21		determined by the business concern.
22		(Source: P.A. 95-344, eff. 8-21-07; 96-453, eff. 8-14-09;
23		96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for effective
24		date of changes made by P.A. 96-795); revised 12-1-09.)
25		(30 ILCS 575/4) (from Ch. 127, par. 132.604)

SB3733 Engrossed - 320 - LRB096 19592 AMC 34984 b
1		(Text of Section before amendment by P.A. 96-795)
2		(Section scheduled to be repealed on June 30, 2010)
3		Sec. 4. Award of State contracts.
4		(a) Except as provided in subsections (b) and (c), not less
5		than 12% of the total dollar amount of State contracts, as
6		defined by the Secretary of the Council and approved by the
7		Council, shall be established as a goal to be awarded to
8		businesses owned by minorities, females, and persons with
9		disabilities; provided, however, that contracts representing
10		at least five-twelfths of the total amount of all State
11		contracts awarded to businesses owned by minorities, females,
12		and persons with disabilities pursuant to this Section shall be
13		awarded to female owned businesses, and that contracts
14		representing at least one-sixth of the total amount of all
15		State contracts awarded to businesses owned by minorities,
16		females, and persons with disabilities pursuant to this Section
17		shall be awarded to businesses owned by persons with
18		disabilities.
19		The above percentage relates to the total dollar amount of
20		State contracts during each State fiscal year, calculated by
21		examining independently each type of contract for each agency
22		or university which lets such contracts. Only that percentage
23		of arrangements which represents the participation of
24		businesses owned by minorities, females, and persons with
25		disabilities on such contracts shall be included.
26		(b) In the case of State construction contracts, the

SB3733 Engrossed - 321 - LRB096 19592 AMC 34984 b
1		provisions of subsection (a) requiring a portion of State
2		contracts to be awarded to businesses owned and controlled by
3		persons with disabilities do not apply. Not less than 10% of
4		the total dollar amount of State construction contracts is
5		established as a goal to be awarded to minority and female
6		owned businesses, and contracts representing 50% of the amount
7		of all State construction contracts awarded to minority and
8		female owned businesses shall be awarded to female owned
9		businesses.
10		(c) In the case of all work undertaken by the University of
11		Illinois related to the planning, organization, and staging of
12		the games, the University of Illinois shall establish a goal of
13		awarding not less than 25% of the annual dollar value of all
14		contracts, purchase orders, and other agreements (collectively
15		referred to as "the contracts") to minority-owned businesses or
16		businesses owned by a person with a disability and 5% of the
17		annual dollar value the contracts to female-owned businesses.
18		For purposes of this subsection, the term "games" has the
19		meaning set forth in the Olympic Games and Paralympic Games
20		(2016) Law.
21		(d) (c) Within one year after April 28, 2009 (the effective
22		date of Public Act 96-8) this amendatory Act of the 96th
23		General Assembly, the Department of Central Management
24		Services shall conduct a social scientific study that measures
25		the impact of discrimination on minority and female business
26		development in Illinois. Within 18 months after April 28, 2009

SB3733 Engrossed - 322 - LRB096 19592 AMC 34984 b
1		(the effective date of Public Act 96-8) this amendatory Act,
2		the Department shall issue a report of its findings and any
3		recommendations on whether to adjust the goals for minority and
4		female participation established in this Act. Copies of this
5		report and the social scientific study shall be filed with the
6		Governor and the General Assembly.
7		(e) (c) Those who submit bids or proposals for State
8		contracts shall not be given a period after the bid or proposal
9		is submitted to cure deficiencies in the bid or proposal under
10		this Act unless mandated by federal law or regulation.
11		(Source: P.A. 96-7, eff. 4-3-09; 96-8, eff. 4-28-09; 96-706,
12		eff. 8-25-09; revised 11-4-09.)
13		(Text of Section after amendment by P.A. 96-795)
14		(Section scheduled to be repealed on June 30, 2010)
15		Sec. 4. Award of State contracts.
16		(a) Except as provided in subsections (b) and (c), not less
17		than 20% of the total dollar amount of State contracts, as
18		defined by the Secretary of the Council and approved by the
19		Council, shall be established as a goal to be awarded to
20		businesses owned by minorities, females, and persons with
21		disabilities; provided, however, that of the total amount of
22		all State contracts awarded to businesses owned by minorities,
23		females, and persons with disabilities pursuant to this
24		Section, contracts representing at least 11% shall be awarded
25		to businesses owned by minorities, contracts representing at

SB3733 Engrossed - 323 - LRB096 19592 AMC 34984 b
1		least 7% shall be awarded to female-owned businesses, and
2		contracts representing at least 2% shall be awarded to
3		businesses owned by persons with disabilities.
4		The above percentage relates to the total dollar amount of
5		State contracts during each State fiscal year, calculated by
6		examining independently each type of contract for each agency
7		or university which lets such contracts. Only that percentage
8		of arrangements which represents the participation of
9		businesses owned by minorities, females, and persons with
10		disabilities on such contracts shall be included.
11		(b) In the case of State construction contracts, the
12		provisions of subsection (a) requiring a portion of State
13		contracts to be awarded to businesses owned and controlled by
14		persons with disabilities do not apply. Not less than 10% of
15		the total dollar amount of State construction contracts is
16		established as a goal to be awarded to minority and female
17		owned businesses, and contracts representing 50% of the amount
18		of all State construction contracts awarded to minority and
19		female owned businesses shall be awarded to female owned
20		businesses.
21		(c) In the case of all work undertaken by the University of
22		Illinois related to the planning, organization, and staging of
23		the games, the University of Illinois shall establish a goal of
24		awarding not less than 25% of the annual dollar value of all
25		contracts, purchase orders, and other agreements (collectively
26		referred to as "the contracts") to minority-owned businesses or

SB3733 Engrossed - 324 - LRB096 19592 AMC 34984 b
1		businesses owned by a person with a disability and 5% of the
2		annual dollar value the contracts to female-owned businesses.
3		For purposes of this subsection, the term "games" has the
4		meaning set forth in the Olympic Games and Paralympic Games
5		(2016) Law.
6		(d) Within one year after April 28, 2009 (the effective
7		date of Public Act 96-8), the Department of Central Management
8		Services shall conduct a social scientific study that measures
9		the impact of discrimination on minority and female business
10		development in Illinois. Within 18 months after April 28, 2009
11		(the effective date of Public Act 96-8), the Department shall
12		issue a report of its findings and any recommendations on
13		whether to adjust the goals for minority and female
14		participation established in this Act. Copies of this report
15		and the social scientific study shall be filed with the
16		Governor and the General Assembly.
17		(e) (c) Those who submit bids or proposals for State
18		contracts shall not be given a period after the bid or proposal
19		is submitted to cure deficiencies in the bid or proposal under
20		this Act unless mandated by federal law or regulation.
21		(Source: P.A. 96-7, eff. 4-3-09; 96-8, eff. 4-28-09; 96-706,
22		eff. 8-25-09; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
23		for the effective date of changes made by P.A. 96-795); revised
24		11-4-09.)
25		Section 175. The State Property Control Act is amended by

SB3733 Engrossed - 325 - LRB096 19592 AMC 34984 b
1		changing Section 7.1 as follows:
2		(30 ILCS 605/7.1) (from Ch. 127, par. 133b10.1)
3		Sec. 7.1. (a) Except as otherwise provided by law, all
4		surplus real property held by the State of Illinois shall be
5		disposed of by the administrator as provided in this Section.
6		"Surplus real property," as used in this Section, means any
7		real property to which the State holds fee simple title or
8		lesser interest, and is vacant, unoccupied or unused and which
9		has no foreseeable use by the owning agency.
10		(b) All responsible officers shall submit an Annual Real
11		Property Utilization Report to the Administrator, or annual
12		update of such report, on forms required by the Administrator,
13		by July 31 of each year. The Administrator may require such
14		documentation as he deems reasonably necessary in connection
15		with this Report, and shall require that such Report include
16		the following information:
17		(1) A legal description of all real property owned by the
18		State under the control of the responsible officer.
19		(2) A description of the use of the real property listed
20		under (1).
21		(3) A list of any improvements made to such real property
22		during the previous year.
23		(4) The dates on which the State first acquired its
24		interest in such real property, and the purchase price and
25		source of the funds used to acquire the property.

SB3733 Engrossed - 326 - LRB096 19592 AMC 34984 b
1		(5) Plans for the future use of currently unused real
2		property.
3		(6) A declaration of any surplus real property. On or
4		before October 31 of each year the Administrator shall furnish
5		copies of each responsible officer's report along with a list
6		of surplus property indexed by legislative district to the
7		General Assembly.
8		This report shall be filed with the Speaker, the Minority
9		Leader and the Clerk of the House of Representatives and the
10		President, the Minority Leader and the Secretary of the Senate
11		and shall be duplicated and made available to the members of
12		the General Assembly for evaluation by such members for
13		possible liquidation of unused public property at public sale.
14		(c) Following receipt of the Annual Real Property
15		Utilization Report required under paragraph (b), the
16		Administrator shall notify all State agencies by October 31 of
17		all declared surplus real property. Any State agency may submit
18		a written request to the Administrator, within 60 days of the
19		date of such notification, to have control of surplus real
20		property transferred to that agency. Such request must indicate
21		the reason for the transfer and the intended use to be made of
22		such surplus real property. The Administrator may deny any or
23		all such requests by a State agency or agencies if the
24		Administrator determines that it is more advantageous to the
25		State to dispose of the surplus real property under paragraph
26		(d). In case requests for the same surplus real property are

SB3733 Engrossed - 327 - LRB096 19592 AMC 34984 b
1		received from more than one State agency, the Administrator
2		shall weigh the benefits to the State and determine to which
3		agency, if any, to transfer control of such property. The
4		Administrator shall coordinate the use and disposal of State
5		surplus real property with any State space utilization program.
6		(d) Any surplus real property which is not transferred to
7		the control of another State agency under paragraph (c) shall
8		be disposed of by the Administrator. No appraisal is required
9		if during his initial survey of surplus real property the
10		Administrator determines such property has a fair market value
11		of less than $5,000. If the value of such property is
12		determined by the Administrator in his initial survey to be
13		$5,000 or more, then the Administrator shall obtain 3
14		appraisals of such real property, one of which shall be
15		performed by an appraiser residing in the county in which said
16		surplus real property is located. The average of these 3
17		appraisals, plus the costs of obtaining the appraisals, shall
18		represent the fair market value of the surplus real property.
19		No surplus real property may be conveyed by the Administrator
20		for less than the fair market value. Prior to offering the
21		surplus real property for sale to the public the Administrator
22		shall give notice in writing of the existence and fair market
23		value of the surplus real property to the governing bodies of
24		the county and of all cities, villages and incorporated towns
25		in the county in which such real property is located. Any such
26		governing body may exercise its option to acquire the surplus

SB3733 Engrossed - 328 - LRB096 19592 AMC 34984 b
1		real property for the fair market value within 60 days of the
2		notice. After the 60 day period has passed, the Administrator
3		may sell the surplus real property by public auction following
4		notice of such sale by publication on 3 separate days not less
5		than 15 nor more than 30 days prior to the sale in the State
6		newspaper and in a newspaper having general circulation in the
7		county in which the surplus real property is located. The
8		Administrator shall post "For Sale" signs of a conspicuous
9		nature on such surplus real property offered for sale to the
10		public. If no acceptable offers for the surplus real property
11		are received, the Administrator may have new appraisals of such
12		property made. The Administrator shall have all power necessary
13		to convey surplus real property under this Section. All moneys
14		received for the sale of surplus real property shall be
15		deposited in the General Revenue Fund, except that:
16		(1) Where moneys expended for the acquisition of such
17		real property were from a special fund which is still a
18		special fund in the State treasury, this special fund shall
19		be reimbursed in the amount of the original expenditure and
20		any amount in excess thereof shall be deposited in the
21		General Revenue Fund.
22		(2) Whenever a State mental health facility operated by
23		the Department of Human Services is closed and the real
24		estate on which the facility is located is sold by the
25		State, the net proceeds of the sale of the real estate
26		shall be deposited into the Community Mental Health

SB3733 Engrossed - 329 - LRB096 19592 AMC 34984 b
1		Medicaid Trust Fund.
2		(3) Whenever a State developmental disabilities
3		facility operated by the Department of Human Services is
4		closed and the real estate on which the facility is located
5		is sold by the State, the net proceeds of the sale of the
6		real estate shall be deposited into the Community
7		Developmental Disability Services Medicaid Trust Fund.
8		The Administrator shall have authority to order such
9		surveys, abstracts of title, or commitments for title insurance
10		as may, in his reasonable discretion, be deemed necessary to
11		demonstrate to prospective purchasers or bidders good and
12		marketable title in any property offered for sale pursuant to
13		this Section. Unless otherwise specifically authorized by the
14		General Assembly, all conveyances of property made by the
15		Administrator shall be by quit claim deed.
16		(e) The Administrator shall submit an annual report on or
17		before February 1 to the Governor and the General Assembly
18		containing a detailed statement of surplus real property either
19		transferred or conveyed under this Section.
20		(Source: P.A. 96-527, eff. 1-1-10; 96-660, eff. 8-25-09;
21		revised 9-15-09.)
22		Section 180. The State Mandates Act is amended by changing
23		Sections 8.32 and 8.33 as follows:
24		(30 ILCS 805/8.32)

SB3733 Engrossed - 330 - LRB096 19592 AMC 34984 b
1		Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8
2		of this Act, no reimbursement by the State is required for the
3		implementation of any mandate created by Public Act 95-741,
4		95-812, 95-875, 95-910, 95-950, or 95-978, 95-1015, 95-1036,
5		95-1049, or 95-1056 this amendatory Act of the 95th General
6		Assembly.
7		(Source: P.A. 95-741, eff. 7-18-08; 95-812, eff. 8-13-08;
8		95-875, eff. 1-1-09; 95-910, eff. 8-26-08; 95-950, eff.
9		8-29-08; 95-978, eff. 1-1-09; 95-1015, eff. 12-15-08; 95-1036,
10		eff. 2-17-09; 95-1049, eff. 1-1-10; 95-1056, eff. 4-10-09;
11		96-328, eff. 8-11-09; revised 10-19-09.)
12		(30 ILCS 805/8.33)
13		(Text of Section before amendment by P.A. 96-410)
14		Sec. 8.33. Exempt mandate.
15		(a) Notwithstanding the provisions of Sections 6 and 8 of
16		this Act, no reimbursement by the State is required for the
17		implementation of Section 5-42 of the Olympic Games and
18		Paralympic Games (2016) Law.
19		(b) Notwithstanding Sections 6 and 8 of this Act, no
20		reimbursement by the State is required for the implementation
21		of any mandate created by Public Act 96-139, 96-251, 96-260,
22		96-285, 96-297, 96-299, 96-343, 96-357, 96-429, 96-494,
23		96-505, 96-621, 96-650, 96-727, 96-745, 96-749, and 96-775 this
24		amendatory Act of the 96th General Assembly.
25		(Source: P.A. 96-7, eff. 4-3-09; 96-139, eff. 1-1-10; 96-251,

SB3733 Engrossed - 331 - LRB096 19592 AMC 34984 b
1		eff. 8-11-09; 96-260, eff. 8-11-09; 96-285, eff. 8-11-09;
2		96-297, eff. 8-11-09; 96-299, eff. 8-11-09; 96-299, eff.
3		8-11-09; 96-343, eff. 8-11-09; 96-357, eff. 8-13-09; 96-429,
4		eff. 8-13-09; 96-494, eff. 8-14-09; 96-505, eff. 8-14-09;
5		96-621, eff. 1-1-10; 96-650, eff. 1-1-10; 96-727, eff. 8-25-09;
6		96-745, eff. 8-25-09; 96-749, eff. 1-1-10; 96-775, eff.
7		8-28-09; revised 10-21-09.)
8		(Text of Section after amendment by P.A. 96-410)
9		Sec. 8.33. Exempt mandate.
10		(a) Notwithstanding the provisions of Sections 6 and 8 of
11		this Act, no reimbursement by the State is required for the
12		implementation of Section 5-42 of the Olympic Games and
13		Paralympic Games (2016) Law.
14		(b) Notwithstanding Sections 6 and 8 of this Act, no
15		reimbursement by the State is required for the implementation
16		of any mandate created by Public Act 96-139, 96-251, 96-260,
17		96-285, 96-297, 96-299, 96-343, 96-357, 96-410, 96-429,
18		96-494, 96-505, 96-621, 96-650, 96-727, 96-745, 96-749, and
19		96-775 this amendatory Act of the 96th General Assembly.
20		(Source: P.A. 96-7, eff. 4-3-09; 96-139, eff. 1-1-10; 96-251,
21		eff. 8-11-09; 96-260, eff. 8-11-09; 96-285, eff. 8-11-09;
22		96-297, eff. 8-11-09; 96-299, eff. 8-11-09; 96-299, eff.
23		8-11-09; 96-343, eff. 8-11-09; 96-357, eff. 8-13-09; 96-410,
24		eff. 7-1-10; 96-429, eff. 8-13-09; 96-494, eff. 8-14-09;
25		96-505, eff. 8-14-09; 96-621, eff. 1-1-10; 96-650, eff. 1-1-10;

SB3733 Engrossed - 332 - LRB096 19592 AMC 34984 b
1		96-727, eff. 8-25-09; 96-745, eff. 8-25-09; 96-749, eff.
2		1-1-10; 96-775, eff. 8-28-09; revised 10-21-09.)
3		Section 185. The Illinois Income Tax Act is amended by
4		changing Sections 201, 606, and 807 and by setting forth,
5		renumbering, and changing multiple versions of Section 507SS as
6		follows:
7		(35 ILCS 5/201) (from Ch. 120, par. 2-201)
8		Sec. 201. Tax Imposed.
9		(a) In general. A tax measured by net income is hereby
10		imposed on every individual, corporation, trust and estate for
11		each taxable year ending after July 31, 1969 on the privilege
12		of earning or receiving income in or as a resident of this
13		State. Such tax shall be in addition to all other occupation or
14		privilege taxes imposed by this State or by any municipal
15		corporation or political subdivision thereof.
16		(b) Rates. The tax imposed by subsection (a) of this
17		Section shall be determined as follows, except as adjusted by
18		subsection (d-1):
19		(1) In the case of an individual, trust or estate, for
20		taxable years ending prior to July 1, 1989, an amount equal
21		to 2 1/2% of the taxpayer's net income for the taxable
22		year.
23		(2) In the case of an individual, trust or estate, for
24		taxable years beginning prior to July 1, 1989 and ending

SB3733 Engrossed - 333 - LRB096 19592 AMC 34984 b
1		after June 30, 1989, an amount equal to the sum of (i) 2
2		1/2% of the taxpayer's net income for the period prior to
3		July 1, 1989, as calculated under Section 202.3, and (ii)
4		3% of the taxpayer's net income for the period after June
5		30, 1989, as calculated under Section 202.3.
6		(3) In the case of an individual, trust or estate, for
7		taxable years beginning after June 30, 1989, an amount
8		equal to 3% of the taxpayer's net income for the taxable
9		year.
10		(4) (Blank).
11		(5) (Blank).
12		(6) In the case of a corporation, for taxable years
13		ending prior to July 1, 1989, an amount equal to 4% of the
14		taxpayer's net income for the taxable year.
15		(7) In the case of a corporation, for taxable years
16		beginning prior to July 1, 1989 and ending after June 30,
17		1989, an amount equal to the sum of (i) 4% of the
18		taxpayer's net income for the period prior to July 1, 1989,
19		as calculated under Section 202.3, and (ii) 4.8% of the
20		taxpayer's net income for the period after June 30, 1989,
21		as calculated under Section 202.3.
22		(8) In the case of a corporation, for taxable years
23		beginning after June 30, 1989, an amount equal to 4.8% of
24		the taxpayer's net income for the taxable year.
25		(c) Personal Property Tax Replacement Income Tax.
26		Beginning on July 1, 1979 and thereafter, in addition to such

SB3733 Engrossed - 334 - LRB096 19592 AMC 34984 b
1		income tax, there is also hereby imposed the Personal Property
2		Tax Replacement Income Tax measured by net income on every
3		corporation (including Subchapter S corporations), partnership
4		and trust, for each taxable year ending after June 30, 1979.
5		Such taxes are imposed on the privilege of earning or receiving
6		income in or as a resident of this State. The Personal Property
7		Tax Replacement Income Tax shall be in addition to the income
8		tax imposed by subsections (a) and (b) of this Section and in
9		addition to all other occupation or privilege taxes imposed by
10		this State or by any municipal corporation or political
11		subdivision thereof.
12		(d) Additional Personal Property Tax Replacement Income
13		Tax Rates. The personal property tax replacement income tax
14		imposed by this subsection and subsection (c) of this Section
15		in the case of a corporation, other than a Subchapter S
16		corporation and except as adjusted by subsection (d-1), shall
17		be an additional amount equal to 2.85% of such taxpayer's net
18		income for the taxable year, except that beginning on January
19		1, 1981, and thereafter, the rate of 2.85% specified in this
20		subsection shall be reduced to 2.5%, and in the case of a
21		partnership, trust or a Subchapter S corporation shall be an
22		additional amount equal to 1.5% of such taxpayer's net income
23		for the taxable year.
24		(d-1) Rate reduction for certain foreign insurers. In the
25		case of a foreign insurer, as defined by Section 35A-5 of the
26		Illinois Insurance Code, whose state or country of domicile

SB3733 Engrossed - 335 - LRB096 19592 AMC 34984 b
1		imposes on insurers domiciled in Illinois a retaliatory tax
2		(excluding any insurer whose premiums from reinsurance assumed
3		are 50% or more of its total insurance premiums as determined
4		under paragraph (2) of subsection (b) of Section 304, except
5		that for purposes of this determination premiums from
6		reinsurance do not include premiums from inter-affiliate
7		reinsurance arrangements), beginning with taxable years ending
8		on or after December 31, 1999, the sum of the rates of tax
9		imposed by subsections (b) and (d) shall be reduced (but not
10		increased) to the rate at which the total amount of tax imposed
11		under this Act, net of all credits allowed under this Act,
12		shall equal (i) the total amount of tax that would be imposed
13		on the foreign insurer's net income allocable to Illinois for
14		the taxable year by such foreign insurer's state or country of
15		domicile if that net income were subject to all income taxes
16		and taxes measured by net income imposed by such foreign
17		insurer's state or country of domicile, net of all credits
18		allowed or (ii) a rate of zero if no such tax is imposed on such
19		income by the foreign insurer's state of domicile. For the
20		purposes of this subsection (d-1), an inter-affiliate includes
21		a mutual insurer under common management.
22		(1) For the purposes of subsection (d-1), in no event
23		shall the sum of the rates of tax imposed by subsections
24		(b) and (d) be reduced below the rate at which the sum of:
25		(A) the total amount of tax imposed on such foreign
26		insurer under this Act for a taxable year, net of all

SB3733 Engrossed - 336 - LRB096 19592 AMC 34984 b
1		credits allowed under this Act, plus
2		(B) the privilege tax imposed by Section 409 of the
3		Illinois Insurance Code, the fire insurance company
4		tax imposed by Section 12 of the Fire Investigation
5		Act, and the fire department taxes imposed under
6		Section 11-10-1 of the Illinois Municipal Code,
7		equals 1.25% for taxable years ending prior to December 31,
8		2003, or 1.75% for taxable years ending on or after
9		December 31, 2003, of the net taxable premiums written for
10		the taxable year, as described by subsection (1) of Section
11		409 of the Illinois Insurance Code. This paragraph will in
12		no event increase the rates imposed under subsections (b)
13		and (d).
14		(2) Any reduction in the rates of tax imposed by this
15		subsection shall be applied first against the rates imposed
16		by subsection (b) and only after the tax imposed by
17		subsection (a) net of all credits allowed under this
18		Section other than the credit allowed under subsection (i)
19		has been reduced to zero, against the rates imposed by
20		subsection (d).
21		This subsection (d-1) is exempt from the provisions of
22		Section 250.
23		(e) Investment credit. A taxpayer shall be allowed a credit
24		against the Personal Property Tax Replacement Income Tax for
25		investment in qualified property.
26		(1) A taxpayer shall be allowed a credit equal to .5%

SB3733 Engrossed - 337 - LRB096 19592 AMC 34984 b
1		of the basis of qualified property placed in service during
2		the taxable year, provided such property is placed in
3		service on or after July 1, 1984. There shall be allowed an
4		additional credit equal to .5% of the basis of qualified
5		property placed in service during the taxable year,
6		provided such property is placed in service on or after
7		July 1, 1986, and the taxpayer's base employment within
8		Illinois has increased by 1% or more over the preceding
9		year as determined by the taxpayer's employment records
10		filed with the Illinois Department of Employment Security.
11		Taxpayers who are new to Illinois shall be deemed to have
12		met the 1% growth in base employment for the first year in
13		which they file employment records with the Illinois
14		Department of Employment Security. The provisions added to
15		this Section by Public Act 85-1200 (and restored by Public
16		Act 87-895) shall be construed as declaratory of existing
17		law and not as a new enactment. If, in any year, the
18		increase in base employment within Illinois over the
19		preceding year is less than 1%, the additional credit shall
20		be limited to that percentage times a fraction, the
21		numerator of which is .5% and the denominator of which is
22		1%, but shall not exceed .5%. The investment credit shall
23		not be allowed to the extent that it would reduce a
24		taxpayer's liability in any tax year below zero, nor may
25		any credit for qualified property be allowed for any year
26		other than the year in which the property was placed in

SB3733 Engrossed - 338 - LRB096 19592 AMC 34984 b
1		service in Illinois. For tax years ending on or after
2		December 31, 1987, and on or before December 31, 1988, the
3		credit shall be allowed for the tax year in which the
4		property is placed in service, or, if the amount of the
5		credit exceeds the tax liability for that year, whether it
6		exceeds the original liability or the liability as later
7		amended, such excess may be carried forward and applied to
8		the tax liability of the 5 taxable years following the
9		excess credit years if the taxpayer (i) makes investments
10		which cause the creation of a minimum of 2,000 full-time
11		equivalent jobs in Illinois, (ii) is located in an
12		enterprise zone established pursuant to the Illinois
13		Enterprise Zone Act and (iii) is certified by the
14		Department of Commerce and Community Affairs (now
15		Department of Commerce and Economic Opportunity) as
16		complying with the requirements specified in clause (i) and
17		(ii) by July 1, 1986. The Department of Commerce and
18		Community Affairs (now Department of Commerce and Economic
19		Opportunity) shall notify the Department of Revenue of all
20		such certifications immediately. For tax years ending
21		after December 31, 1988, the credit shall be allowed for
22		the tax year in which the property is placed in service,
23		or, if the amount of the credit exceeds the tax liability
24		for that year, whether it exceeds the original liability or
25		the liability as later amended, such excess may be carried
26		forward and applied to the tax liability of the 5 taxable

SB3733 Engrossed - 339 - LRB096 19592 AMC 34984 b
1		years following the excess credit years. The credit shall
2		be applied to the earliest year for which there is a
3		liability. If there is credit from more than one tax year
4		that is available to offset a liability, earlier credit
5		shall be applied first.
6		(2) The term "qualified property" means property
7		which:
8		(A) is tangible, whether new or used, including
9		buildings and structural components of buildings and
10		signs that are real property, but not including land or
11		improvements to real property that are not a structural
12		component of a building such as landscaping, sewer
13		lines, local access roads, fencing, parking lots, and
14		other appurtenances;
15		(B) is depreciable pursuant to Section 167 of the
16		Internal Revenue Code, except that "3-year property"
17		as defined in Section 168(c)(2)(A) of that Code is not
18		eligible for the credit provided by this subsection
19		(e);
20		(C) is acquired by purchase as defined in Section
21		179(d) of the Internal Revenue Code;
22		(D) is used in Illinois by a taxpayer who is
23		primarily engaged in manufacturing, or in mining coal
24		or fluorite, or in retailing, or was placed in service
25		on or after July 1, 2006 in a River Edge Redevelopment
26		Zone established pursuant to the River Edge

SB3733 Engrossed - 340 - LRB096 19592 AMC 34984 b
1		Redevelopment Zone Act; and
2		(E) has not previously been used in Illinois in
3		such a manner and by such a person as would qualify for
4		the credit provided by this subsection (e) or
5		subsection (f).
6		(3) For purposes of this subsection (e),
7		"manufacturing" means the material staging and production
8		of tangible personal property by procedures commonly
9		regarded as manufacturing, processing, fabrication, or
10		assembling which changes some existing material into new
11		shapes, new qualities, or new combinations. For purposes of
12		this subsection (e) the term "mining" shall have the same
13		meaning as the term "mining" in Section 613(c) of the
14		Internal Revenue Code. For purposes of this subsection (e),
15		the term "retailing" means the sale of tangible personal
16		property for use or consumption and not for resale, or
17		services rendered in conjunction with the sale of tangible
18		personal property for use or consumption and not for
19		resale. For purposes of this subsection (e), "tangible
20		personal property" has the same meaning as when that term
21		is used in the Retailers' Occupation Tax Act, and, for
22		taxable years ending after December 31, 2008, does not
23		include the generation, transmission, or distribution of
24		electricity.
25		(4) The basis of qualified property shall be the basis
26		used to compute the depreciation deduction for federal

SB3733 Engrossed - 341 - LRB096 19592 AMC 34984 b
1		income tax purposes.
2		(5) If the basis of the property for federal income tax
3		depreciation purposes is increased after it has been placed
4		in service in Illinois by the taxpayer, the amount of such
5		increase shall be deemed property placed in service on the
6		date of such increase in basis.
7		(6) The term "placed in service" shall have the same
8		meaning as under Section 46 of the Internal Revenue Code.
9		(7) If during any taxable year, any property ceases to
10		be qualified property in the hands of the taxpayer within
11		48 months after being placed in service, or the situs of
12		any qualified property is moved outside Illinois within 48
13		months after being placed in service, the Personal Property
14		Tax Replacement Income Tax for such taxable year shall be
15		increased. Such increase shall be determined by (i)
16		recomputing the investment credit which would have been
17		allowed for the year in which credit for such property was
18		originally allowed by eliminating such property from such
19		computation and, (ii) subtracting such recomputed credit
20		from the amount of credit previously allowed. For the
21		purposes of this paragraph (7), a reduction of the basis of
22		qualified property resulting from a redetermination of the
23		purchase price shall be deemed a disposition of qualified
24		property to the extent of such reduction.
25		(8) Unless the investment credit is extended by law,
26		the basis of qualified property shall not include costs

SB3733 Engrossed - 342 - LRB096 19592 AMC 34984 b
1		incurred after December 31, 2013, except for costs incurred
2		pursuant to a binding contract entered into on or before
3		December 31, 2013.
4		(9) Each taxable year ending before December 31, 2000,
5		a partnership may elect to pass through to its partners the
6		credits to which the partnership is entitled under this
7		subsection (e) for the taxable year. A partner may use the
8		credit allocated to him or her under this paragraph only
9		against the tax imposed in subsections (c) and (d) of this
10		Section. If the partnership makes that election, those
11		credits shall be allocated among the partners in the
12		partnership in accordance with the rules set forth in
13		Section 704(b) of the Internal Revenue Code, and the rules
14		promulgated under that Section, and the allocated amount of
15		the credits shall be allowed to the partners for that
16		taxable year. The partnership shall make this election on
17		its Personal Property Tax Replacement Income Tax return for
18		that taxable year. The election to pass through the credits
19		shall be irrevocable.
20		For taxable years ending on or after December 31, 2000,
21		a partner that qualifies its partnership for a subtraction
22		under subparagraph (I) of paragraph (2) of subsection (d)
23		of Section 203 or a shareholder that qualifies a Subchapter
24		S corporation for a subtraction under subparagraph (S) of
25		paragraph (2) of subsection (b) of Section 203 shall be
26		allowed a credit under this subsection (e) equal to its

SB3733 Engrossed - 343 - LRB096 19592 AMC 34984 b
1		share of the credit earned under this subsection (e) during
2		the taxable year by the partnership or Subchapter S
3		corporation, determined in accordance with the
4		determination of income and distributive share of income
5		under Sections 702 and 704 and Subchapter S of the Internal
6		Revenue Code. This paragraph is exempt from the provisions
7		of Section 250.
8		(f) Investment credit; Enterprise Zone; River Edge
9		Redevelopment Zone.
10		(1) A taxpayer shall be allowed a credit against the
11		tax imposed by subsections (a) and (b) of this Section for
12		investment in qualified property which is placed in service
13		in an Enterprise Zone created pursuant to the Illinois
14		Enterprise Zone Act or, for property placed in service on
15		or after July 1, 2006, a River Edge Redevelopment Zone
16		established pursuant to the River Edge Redevelopment Zone
17		Act. For partners, shareholders of Subchapter S
18		corporations, and owners of limited liability companies,
19		if the liability company is treated as a partnership for
20		purposes of federal and State income taxation, there shall
21		be allowed a credit under this subsection (f) to be
22		determined in accordance with the determination of income
23		and distributive share of income under Sections 702 and 704
24		and Subchapter S of the Internal Revenue Code. The credit
25		shall be .5% of the basis for such property. The credit
26		shall be available only in the taxable year in which the

SB3733 Engrossed - 344 - LRB096 19592 AMC 34984 b
1		property is placed in service in the Enterprise Zone or
2		River Edge Redevelopment Zone and shall not be allowed to
3		the extent that it would reduce a taxpayer's liability for
4		the tax imposed by subsections (a) and (b) of this Section
5		to below zero. For tax years ending on or after December
6		31, 1985, the credit shall be allowed for the tax year in
7		which the property is placed in service, or, if the amount
8		of the credit exceeds the tax liability for that year,
9		whether it exceeds the original liability or the liability
10		as later amended, such excess may be carried forward and
11		applied to the tax liability of the 5 taxable years
12		following the excess credit year. The credit shall be
13		applied to the earliest year for which there is a
14		liability. If there is credit from more than one tax year
15		that is available to offset a liability, the credit
16		accruing first in time shall be applied first.
17		(2) The term qualified property means property which:
18		(A) is tangible, whether new or used, including
19		buildings and structural components of buildings;
20		(B) is depreciable pursuant to Section 167 of the
21		Internal Revenue Code, except that "3-year property"
22		as defined in Section 168(c)(2)(A) of that Code is not
23		eligible for the credit provided by this subsection
24		(f);
25		(C) is acquired by purchase as defined in Section
26		179(d) of the Internal Revenue Code;

SB3733 Engrossed - 345 - LRB096 19592 AMC 34984 b
1		(D) is used in the Enterprise Zone or River Edge
2		Redevelopment Zone by the taxpayer; and
3		(E) has not been previously used in Illinois in
4		such a manner and by such a person as would qualify for
5		the credit provided by this subsection (f) or
6		subsection (e).
7		(3) The basis of qualified property shall be the basis
8		used to compute the depreciation deduction for federal
9		income tax purposes.
10		(4) If the basis of the property for federal income tax
11		depreciation purposes is increased after it has been placed
12		in service in the Enterprise Zone or River Edge
13		Redevelopment Zone by the taxpayer, the amount of such
14		increase shall be deemed property placed in service on the
15		date of such increase in basis.
16		(5) The term "placed in service" shall have the same
17		meaning as under Section 46 of the Internal Revenue Code.
18		(6) If during any taxable year, any property ceases to
19		be qualified property in the hands of the taxpayer within
20		48 months after being placed in service, or the situs of
21		any qualified property is moved outside the Enterprise Zone
22		or River Edge Redevelopment Zone within 48 months after
23		being placed in service, the tax imposed under subsections
24		(a) and (b) of this Section for such taxable year shall be
25		increased. Such increase shall be determined by (i)
26		recomputing the investment credit which would have been

SB3733 Engrossed - 346 - LRB096 19592 AMC 34984 b
1		allowed for the year in which credit for such property was
2		originally allowed by eliminating such property from such
3		computation, and (ii) subtracting such recomputed credit
4		from the amount of credit previously allowed. For the
5		purposes of this paragraph (6), a reduction of the basis of
6		qualified property resulting from a redetermination of the
7		purchase price shall be deemed a disposition of qualified
8		property to the extent of such reduction.
9		(7) There shall be allowed an additional credit equal
10		to 0.5% of the basis of qualified property placed in
11		service during the taxable year in a River Edge
12		Redevelopment Zone, provided such property is placed in
13		service on or after July 1, 2006, and the taxpayer's base
14		employment within Illinois has increased by 1% or more over
15		the preceding year as determined by the taxpayer's
16		employment records filed with the Illinois Department of
17		Employment Security. Taxpayers who are new to Illinois
18		shall be deemed to have met the 1% growth in base
19		employment for the first year in which they file employment
20		records with the Illinois Department of Employment
21		Security. If, in any year, the increase in base employment
22		within Illinois over the preceding year is less than 1%,
23		the additional credit shall be limited to that percentage
24		times a fraction, the numerator of which is 0.5% and the
25		denominator of which is 1%, but shall not exceed 0.5%.
26		(g) Jobs Tax Credit; Enterprise Zone, River Edge

SB3733 Engrossed - 347 - LRB096 19592 AMC 34984 b
1		Redevelopment Zone, and Foreign Trade Zone or Sub-Zone.
2		(1) A taxpayer conducting a trade or business in an
3		enterprise zone or a High Impact Business designated by the
4		Department of Commerce and Economic Opportunity or for
5		taxable years ending on or after December 31, 2006, in a
6		River Edge Redevelopment Zone conducting a trade or
7		business in a federally designated Foreign Trade Zone or
8		Sub-Zone shall be allowed a credit against the tax imposed
9		by subsections (a) and (b) of this Section in the amount of
10		$500 per eligible employee hired to work in the zone during
11		the taxable year.
12		(2) To qualify for the credit:
13		(A) the taxpayer must hire 5 or more eligible
14		employees to work in an enterprise zone, River Edge
15		Redevelopment Zone, or federally designated Foreign
16		Trade Zone or Sub-Zone during the taxable year;
17		(B) the taxpayer's total employment within the
18		enterprise zone, River Edge Redevelopment Zone, or
19		federally designated Foreign Trade Zone or Sub-Zone
20		must increase by 5 or more full-time employees beyond
21		the total employed in that zone at the end of the
22		previous tax year for which a jobs tax credit under
23		this Section was taken, or beyond the total employed by
24		the taxpayer as of December 31, 1985, whichever is
25		later; and
26		(C) the eligible employees must be employed 180

SB3733 Engrossed - 348 - LRB096 19592 AMC 34984 b
1		consecutive days in order to be deemed hired for
2		purposes of this subsection.
3		(3) An "eligible employee" means an employee who is:
4		(A) Certified by the Department of Commerce and
5		Economic Opportunity as "eligible for services"
6		pursuant to regulations promulgated in accordance with
7		Title II of the Job Training Partnership Act, Training
8		Services for the Disadvantaged or Title III of the Job
9		Training Partnership Act, Employment and Training
10		Assistance for Dislocated Workers Program.
11		(B) Hired after the enterprise zone, River Edge
12		Redevelopment Zone, or federally designated Foreign
13		Trade Zone or Sub-Zone was designated or the trade or
14		business was located in that zone, whichever is later.
15		(C) Employed in the enterprise zone, River Edge
16		Redevelopment Zone, or Foreign Trade Zone or Sub-Zone.
17		An employee is employed in an enterprise zone or
18		federally designated Foreign Trade Zone or Sub-Zone if
19		his services are rendered there or it is the base of
20		operations for the services performed.
21		(D) A full-time employee working 30 or more hours
22		per week.
23		(4) For tax years ending on or after December 31, 1985
24		and prior to December 31, 1988, the credit shall be allowed
25		for the tax year in which the eligible employees are hired.
26		For tax years ending on or after December 31, 1988, the

SB3733 Engrossed - 349 - LRB096 19592 AMC 34984 b
1		credit shall be allowed for the tax year immediately
2		following the tax year in which the eligible employees are
3		hired. If the amount of the credit exceeds the tax
4		liability for that year, whether it exceeds the original
5		liability or the liability as later amended, such excess
6		may be carried forward and applied to the tax liability of
7		the 5 taxable years following the excess credit year. The
8		credit shall be applied to the earliest year for which
9		there is a liability. If there is credit from more than one
10		tax year that is available to offset a liability, earlier
11		credit shall be applied first.
12		(5) The Department of Revenue shall promulgate such
13		rules and regulations as may be deemed necessary to carry
14		out the purposes of this subsection (g).
15		(6) The credit shall be available for eligible
16		employees hired on or after January 1, 1986.
17		(h) Investment credit; High Impact Business.
18		(1) Subject to subsections (b) and (b-5) of Section 5.5
19		of the Illinois Enterprise Zone Act, a taxpayer shall be
20		allowed a credit against the tax imposed by subsections (a)
21		and (b) of this Section for investment in qualified
22		property which is placed in service by a Department of
23		Commerce and Economic Opportunity designated High Impact
24		Business. The credit shall be .5% of the basis for such
25		property. The credit shall not be available (i) until the
26		minimum investments in qualified property set forth in

SB3733 Engrossed - 350 - LRB096 19592 AMC 34984 b
1		subdivision (a)(3)(A) of Section 5.5 of the Illinois
2		Enterprise Zone Act have been satisfied or (ii) until the
3		time authorized in subsection (b-5) of the Illinois
4		Enterprise Zone Act for entities designated as High Impact
5		Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
6		(a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
7		Act, and shall not be allowed to the extent that it would
8		reduce a taxpayer's liability for the tax imposed by
9		subsections (a) and (b) of this Section to below zero. The
10		credit applicable to such investments shall be taken in the
11		taxable year in which such investments have been completed.
12		The credit for additional investments beyond the minimum
13		investment by a designated high impact business authorized
14		under subdivision (a)(3)(A) of Section 5.5 of the Illinois
15		Enterprise Zone Act shall be available only in the taxable
16		year in which the property is placed in service and shall
17		not be allowed to the extent that it would reduce a
18		taxpayer's liability for the tax imposed by subsections (a)
19		and (b) of this Section to below zero. For tax years ending
20		on or after December 31, 1987, the credit shall be allowed
21		for the tax year in which the property is placed in
22		service, or, if the amount of the credit exceeds the tax
23		liability for that year, whether it exceeds the original
24		liability or the liability as later amended, such excess
25		may be carried forward and applied to the tax liability of
26		the 5 taxable years following the excess credit year. The

SB3733 Engrossed - 351 - LRB096 19592 AMC 34984 b
1		credit shall be applied to the earliest year for which
2		there is a liability. If there is credit from more than one
3		tax year that is available to offset a liability, the
4		credit accruing first in time shall be applied first.
5		Changes made in this subdivision (h)(1) by Public Act
6		88-670 restore changes made by Public Act 85-1182 and
7		reflect existing law.
8		(2) The term qualified property means property which:
9		(A) is tangible, whether new or used, including
10		buildings and structural components of buildings;
11		(B) is depreciable pursuant to Section 167 of the
12		Internal Revenue Code, except that "3-year property"
13		as defined in Section 168(c)(2)(A) of that Code is not
14		eligible for the credit provided by this subsection
15		(h);
16		(C) is acquired by purchase as defined in Section
17		179(d) of the Internal Revenue Code; and
18		(D) is not eligible for the Enterprise Zone
19		Investment Credit provided by subsection (f) of this
20		Section.
21		(3) The basis of qualified property shall be the basis
22		used to compute the depreciation deduction for federal
23		income tax purposes.
24		(4) If the basis of the property for federal income tax
25		depreciation purposes is increased after it has been placed
26		in service in a federally designated Foreign Trade Zone or

SB3733 Engrossed - 352 - LRB096 19592 AMC 34984 b
1		Sub-Zone located in Illinois by the taxpayer, the amount of
2		such increase shall be deemed property placed in service on
3		the date of such increase in basis.
4		(5) The term "placed in service" shall have the same
5		meaning as under Section 46 of the Internal Revenue Code.
6		(6) If during any taxable year ending on or before
7		December 31, 1996, any property ceases to be qualified
8		property in the hands of the taxpayer within 48 months
9		after being placed in service, or the situs of any
10		qualified property is moved outside Illinois within 48
11		months after being placed in service, the tax imposed under
12		subsections (a) and (b) of this Section for such taxable
13		year shall be increased. Such increase shall be determined
14		by (i) recomputing the investment credit which would have
15		been allowed for the year in which credit for such property
16		was originally allowed by eliminating such property from
17		such computation, and (ii) subtracting such recomputed
18		credit from the amount of credit previously allowed. For
19		the purposes of this paragraph (6), a reduction of the
20		basis of qualified property resulting from a
21		redetermination of the purchase price shall be deemed a
22		disposition of qualified property to the extent of such
23		reduction.
24		(7) Beginning with tax years ending after December 31,
25		1996, if a taxpayer qualifies for the credit under this
26		subsection (h) and thereby is granted a tax abatement and

SB3733 Engrossed - 353 - LRB096 19592 AMC 34984 b
1		the taxpayer relocates its entire facility in violation of
2		the explicit terms and length of the contract under Section
3		18-183 of the Property Tax Code, the tax imposed under
4		subsections (a) and (b) of this Section shall be increased
5		for the taxable year in which the taxpayer relocated its
6		facility by an amount equal to the amount of credit
7		received by the taxpayer under this subsection (h).
8		(i) Credit for Personal Property Tax Replacement Income
9		Tax. For tax years ending prior to December 31, 2003, a credit
10		shall be allowed against the tax imposed by subsections (a) and
11		(b) of this Section for the tax imposed by subsections (c) and
12		(d) of this Section. This credit shall be computed by
13		multiplying the tax imposed by subsections (c) and (d) of this
14		Section by a fraction, the numerator of which is base income
15		allocable to Illinois and the denominator of which is Illinois
16		base income, and further multiplying the product by the tax
17		rate imposed by subsections (a) and (b) of this Section.
18		Any credit earned on or after December 31, 1986 under this
19		subsection which is unused in the year the credit is computed
20		because it exceeds the tax liability imposed by subsections (a)
21		and (b) for that year (whether it exceeds the original
22		liability or the liability as later amended) may be carried
23		forward and applied to the tax liability imposed by subsections
24		(a) and (b) of the 5 taxable years following the excess credit
25		year, provided that no credit may be carried forward to any
26		year ending on or after December 31, 2003. This credit shall be

SB3733 Engrossed - 354 - LRB096 19592 AMC 34984 b
1		applied first to the earliest year for which there is a
2		liability. If there is a credit under this subsection from more
3		than one tax year that is available to offset a liability the
4		earliest credit arising under this subsection shall be applied
5		first.
6		If, during any taxable year ending on or after December 31,
7		1986, the tax imposed by subsections (c) and (d) of this
8		Section for which a taxpayer has claimed a credit under this
9		subsection (i) is reduced, the amount of credit for such tax
10		shall also be reduced. Such reduction shall be determined by
11		recomputing the credit to take into account the reduced tax
12		imposed by subsections (c) and (d). If any portion of the
13		reduced amount of credit has been carried to a different
14		taxable year, an amended return shall be filed for such taxable
15		year to reduce the amount of credit claimed.
16		(j) Training expense credit. Beginning with tax years
17		ending on or after December 31, 1986 and prior to December 31,
18		2003, a taxpayer shall be allowed a credit against the tax
19		imposed by subsections (a) and (b) under this Section for all
20		amounts paid or accrued, on behalf of all persons employed by
21		the taxpayer in Illinois or Illinois residents employed outside
22		of Illinois by a taxpayer, for educational or vocational
23		training in semi-technical or technical fields or semi-skilled
24		or skilled fields, which were deducted from gross income in the
25		computation of taxable income. The credit against the tax
26		imposed by subsections (a) and (b) shall be 1.6% of such

SB3733 Engrossed - 355 - LRB096 19592 AMC 34984 b
1		training expenses. For partners, shareholders of subchapter S
2		corporations, and owners of limited liability companies, if the
3		liability company is treated as a partnership for purposes of
4		federal and State income taxation, there shall be allowed a
5		credit under this subsection (j) to be determined in accordance
6		with the determination of income and distributive share of
7		income under Sections 702 and 704 and subchapter S of the
8		Internal Revenue Code.
9		Any credit allowed under this subsection which is unused in
10		the year the credit is earned may be carried forward to each of
11		the 5 taxable years following the year for which the credit is
12		first computed until it is used. This credit shall be applied
13		first to the earliest year for which there is a liability. If
14		there is a credit under this subsection from more than one tax
15		year that is available to offset a liability the earliest
16		credit arising under this subsection shall be applied first. No
17		carryforward credit may be claimed in any tax year ending on or
18		after December 31, 2003.
19		(k) Research and development credit.
20		For tax years ending after July 1, 1990 and prior to
21		December 31, 2003, and beginning again for tax years ending on
22		or after December 31, 2004, a taxpayer shall be allowed a
23		credit against the tax imposed by subsections (a) and (b) of
24		this Section for increasing research activities in this State.
25		The credit allowed against the tax imposed by subsections (a)
26		and (b) shall be equal to 6 1/2% of the qualifying expenditures

SB3733 Engrossed - 356 - LRB096 19592 AMC 34984 b
1		for increasing research activities in this State. For partners,
2		shareholders of subchapter S corporations, and owners of
3		limited liability companies, if the liability company is
4		treated as a partnership for purposes of federal and State
5		income taxation, there shall be allowed a credit under this
6		subsection to be determined in accordance with the
7		determination of income and distributive share of income under
8		Sections 702 and 704 and subchapter S of the Internal Revenue
9		Code.
10		For purposes of this subsection, "qualifying expenditures"
11		means the qualifying expenditures as defined for the federal
12		credit for increasing research activities which would be
13		allowable under Section 41 of the Internal Revenue Code and
14		which are conducted in this State, "qualifying expenditures for
15		increasing research activities in this State" means the excess
16		of qualifying expenditures for the taxable year in which
17		incurred over qualifying expenditures for the base period,
18		"qualifying expenditures for the base period" means the average
19		of the qualifying expenditures for each year in the base
20		period, and "base period" means the 3 taxable years immediately
21		preceding the taxable year for which the determination is being
22		made.
23		Any credit in excess of the tax liability for the taxable
24		year may be carried forward. A taxpayer may elect to have the
25		unused credit shown on its final completed return carried over
26		as a credit against the tax liability for the following 5

SB3733 Engrossed - 357 - LRB096 19592 AMC 34984 b
1		taxable years or until it has been fully used, whichever occurs
2		first; provided that no credit earned in a tax year ending
3		prior to December 31, 2003 may be carried forward to any year
4		ending on or after December 31, 2003.
5		If an unused credit is carried forward to a given year from
6		2 or more earlier years, that credit arising in the earliest
7		year will be applied first against the tax liability for the
8		given year. If a tax liability for the given year still
9		remains, the credit from the next earliest year will then be
10		applied, and so on, until all credits have been used or no tax
11		liability for the given year remains. Any remaining unused
12		credit or credits then will be carried forward to the next
13		following year in which a tax liability is incurred, except
14		that no credit can be carried forward to a year which is more
15		than 5 years after the year in which the expense for which the
16		credit is given was incurred.
17		No inference shall be drawn from this amendatory Act of the
18		91st General Assembly in construing this Section for taxable
19		years beginning before January 1, 1999.
20		(l) Environmental Remediation Tax Credit.
21		(i) For tax years ending after December 31, 1997 and on
22		or before December 31, 2001, a taxpayer shall be allowed a
23		credit against the tax imposed by subsections (a) and (b)
24		of this Section for certain amounts paid for unreimbursed
25		eligible remediation costs, as specified in this
26		subsection. For purposes of this Section, "unreimbursed

SB3733 Engrossed - 358 - LRB096 19592 AMC 34984 b
1		eligible remediation costs" means costs approved by the
2		Illinois Environmental Protection Agency ("Agency") under
3		Section 58.14 of the Environmental Protection Act that were
4		paid in performing environmental remediation at a site for
5		which a No Further Remediation Letter was issued by the
6		Agency and recorded under Section 58.10 of the
7		Environmental Protection Act. The credit must be claimed
8		for the taxable year in which Agency approval of the
9		eligible remediation costs is granted. The credit is not
10		available to any taxpayer if the taxpayer or any related
11		party caused or contributed to, in any material respect, a
12		release of regulated substances on, in, or under the site
13		that was identified and addressed by the remedial action
14		pursuant to the Site Remediation Program of the
15		Environmental Protection Act. After the Pollution Control
16		Board rules are adopted pursuant to the Illinois
17		Administrative Procedure Act for the administration and
18		enforcement of Section 58.9 of the Environmental
19		Protection Act, determinations as to credit availability
20		for purposes of this Section shall be made consistent with
21		those rules. For purposes of this Section, "taxpayer"
22		includes a person whose tax attributes the taxpayer has
23		succeeded to under Section 381 of the Internal Revenue Code
24		and "related party" includes the persons disallowed a
25		deduction for losses by paragraphs (b), (c), and (f)(1) of
26		Section 267 of the Internal Revenue Code by virtue of being

SB3733 Engrossed - 359 - LRB096 19592 AMC 34984 b
1		a related taxpayer, as well as any of its partners. The
2		credit allowed against the tax imposed by subsections (a)
3		and (b) shall be equal to 25% of the unreimbursed eligible
4		remediation costs in excess of $100,000 per site, except
5		that the $100,000 threshold shall not apply to any site
6		contained in an enterprise zone as determined by the
7		Department of Commerce and Community Affairs (now
8		Department of Commerce and Economic Opportunity). The
9		total credit allowed shall not exceed $40,000 per year with
10		a maximum total of $150,000 per site. For partners and
11		shareholders of subchapter S corporations, there shall be
12		allowed a credit under this subsection to be determined in
13		accordance with the determination of income and
14		distributive share of income under Sections 702 and 704 and
15		subchapter S of the Internal Revenue Code.
16		(ii) A credit allowed under this subsection that is
17		unused in the year the credit is earned may be carried
18		forward to each of the 5 taxable years following the year
19		for which the credit is first earned until it is used. The
20		term "unused credit" does not include any amounts of
21		unreimbursed eligible remediation costs in excess of the
22		maximum credit per site authorized under paragraph (i).
23		This credit shall be applied first to the earliest year for
24		which there is a liability. If there is a credit under this
25		subsection from more than one tax year that is available to
26		offset a liability, the earliest credit arising under this

SB3733 Engrossed - 360 - LRB096 19592 AMC 34984 b
1		subsection shall be applied first. A credit allowed under
2		this subsection may be sold to a buyer as part of a sale of
3		all or part of the remediation site for which the credit
4		was granted. The purchaser of a remediation site and the
5		tax credit shall succeed to the unused credit and remaining
6		carry-forward period of the seller. To perfect the
7		transfer, the assignor shall record the transfer in the
8		chain of title for the site and provide written notice to
9		the Director of the Illinois Department of Revenue of the
10		assignor's intent to sell the remediation site and the
11		amount of the tax credit to be transferred as a portion of
12		the sale. In no event may a credit be transferred to any
13		taxpayer if the taxpayer or a related party would not be
14		eligible under the provisions of subsection (i).
15		(iii) For purposes of this Section, the term "site"
16		shall have the same meaning as under Section 58.2 of the
17		Environmental Protection Act.
18		(m) Education expense credit. Beginning with tax years
19		ending after December 31, 1999, a taxpayer who is the custodian
20		of one or more qualifying pupils shall be allowed a credit
21		against the tax imposed by subsections (a) and (b) of this
22		Section for qualified education expenses incurred on behalf of
23		the qualifying pupils. The credit shall be equal to 25% of
24		qualified education expenses, but in no event may the total
25		credit under this subsection claimed by a family that is the
26		custodian of qualifying pupils exceed $500. In no event shall a

SB3733 Engrossed - 361 - LRB096 19592 AMC 34984 b
1		credit under this subsection reduce the taxpayer's liability
2		under this Act to less than zero. This subsection is exempt
3		from the provisions of Section 250 of this Act.
4		For purposes of this subsection:
5		"Qualifying pupils" means individuals who (i) are
6		residents of the State of Illinois, (ii) are under the age of
7		21 at the close of the school year for which a credit is
8		sought, and (iii) during the school year for which a credit is
9		sought were full-time pupils enrolled in a kindergarten through
10		twelfth grade education program at any school, as defined in
11		this subsection.
12		"Qualified education expense" means the amount incurred on
13		behalf of a qualifying pupil in excess of $250 for tuition,
14		book fees, and lab fees at the school in which the pupil is
15		enrolled during the regular school year.
16		"School" means any public or nonpublic elementary or
17		secondary school in Illinois that is in compliance with Title
18		VI of the Civil Rights Act of 1964 and attendance at which
19		satisfies the requirements of Section 26-1 of the School Code,
20		except that nothing shall be construed to require a child to
21		attend any particular public or nonpublic school to qualify for
22		the credit under this Section.
23		"Custodian" means, with respect to qualifying pupils, an
24		Illinois resident who is a parent, the parents, a legal
25		guardian, or the legal guardians of the qualifying pupils.
26		(n) River Edge Redevelopment Zone site remediation tax

SB3733 Engrossed - 362 - LRB096 19592 AMC 34984 b
1		credit.
2		(i) For tax years ending on or after December 31, 2006,
3		a taxpayer shall be allowed a credit against the tax
4		imposed by subsections (a) and (b) of this Section for
5		certain amounts paid for unreimbursed eligible remediation
6		costs, as specified in this subsection. For purposes of
7		this Section, "unreimbursed eligible remediation costs"
8		means costs approved by the Illinois Environmental
9		Protection Agency ("Agency") under Section 58.14a of the
10		Environmental Protection Act that were paid in performing
11		environmental remediation at a site within a River Edge
12		Redevelopment Zone for which a No Further Remediation
13		Letter was issued by the Agency and recorded under Section
14		58.10 of the Environmental Protection Act. The credit must
15		be claimed for the taxable year in which Agency approval of
16		the eligible remediation costs is granted. The credit is
17		not available to any taxpayer if the taxpayer or any
18		related party caused or contributed to, in any material
19		respect, a release of regulated substances on, in, or under
20		the site that was identified and addressed by the remedial
21		action pursuant to the Site Remediation Program of the
22		Environmental Protection Act. Determinations as to credit
23		availability for purposes of this Section shall be made
24		consistent with rules adopted by the Pollution Control
25		Board pursuant to the Illinois Administrative Procedure
26		Act for the administration and enforcement of Section 58.9

SB3733 Engrossed - 363 - LRB096 19592 AMC 34984 b
1		of the Environmental Protection Act. For purposes of this
2		Section, "taxpayer" includes a person whose tax attributes
3		the taxpayer has succeeded to under Section 381 of the
4		Internal Revenue Code and "related party" includes the
5		persons disallowed a deduction for losses by paragraphs
6		(b), (c), and (f)(1) of Section 267 of the Internal Revenue
7		Code by virtue of being a related taxpayer, as well as any
8		of its partners. The credit allowed against the tax imposed
9		by subsections (a) and (b) shall be equal to 25% of the
10		unreimbursed eligible remediation costs in excess of
11		$100,000 per site.
12		(ii) A credit allowed under this subsection that is
13		unused in the year the credit is earned may be carried
14		forward to each of the 5 taxable years following the year
15		for which the credit is first earned until it is used. This
16		credit shall be applied first to the earliest year for
17		which there is a liability. If there is a credit under this
18		subsection from more than one tax year that is available to
19		offset a liability, the earliest credit arising under this
20		subsection shall be applied first. A credit allowed under
21		this subsection may be sold to a buyer as part of a sale of
22		all or part of the remediation site for which the credit
23		was granted. The purchaser of a remediation site and the
24		tax credit shall succeed to the unused credit and remaining
25		carry-forward period of the seller. To perfect the
26		transfer, the assignor shall record the transfer in the

SB3733 Engrossed - 364 - LRB096 19592 AMC 34984 b
1		chain of title for the site and provide written notice to
2		the Director of the Illinois Department of Revenue of the
3		assignor's intent to sell the remediation site and the
4		amount of the tax credit to be transferred as a portion of
5		the sale. In no event may a credit be transferred to any
6		taxpayer if the taxpayer or a related party would not be
7		eligible under the provisions of subsection (i).
8		(iii) For purposes of this Section, the term "site"
9		shall have the same meaning as under Section 58.2 of the
10		Environmental Protection Act.
11		(iv) This subsection is exempt from the provisions of
12		Section 250.
13		(Source: P.A. 95-454, eff. 8-27-07; 96-115, eff. 7-31-09;
14		96-116, eff. 7-31-09; revised 8-20-09.)
15		(35 ILCS 5/507SS)
16		Sec. 507SS. The hunger relief checkoff. For taxable years
17		ending on or after December 31, 2009, the Department shall
18		print, on its standard individual income tax form, a provision
19		indicating that, if the taxpayer wishes to contribute to the
20		Hunger Relief Fund, as authorized by Public Act 96-604 this
21		amendatory Act of the 96th General Assembly, then he or she may
22		do so by stating the amount of the contribution (not less than
23		$1) on the return and indicating that the contribution will
24		reduce the taxpayer's refund or increase the amount of payment
25		to accompany the return. The taxpayer's failure to remit any

SB3733 Engrossed - 365 - LRB096 19592 AMC 34984 b
1		amount of the increased payment reduces the contribution
2		accordingly. This Section does not apply to any amended return.
3		(Source: P.A. 96-604, eff. 8-24-09; revised 10-7-09.)
4		(35 ILCS 5/507TT)
5		Sec. 507TT 507SS. The crisis nursery checkoff. For taxable
6		years ending on or after December 31, 2009, the Department
7		shall print, on its standard individual income tax form, a
8		provision indicating that, if the taxpayer wishes to contribute
9		to the Crisis Nursery Fund, as authorized by Public Act 96-627
10		this amendatory Act of the 96th General Assembly, then he or
11		she may do so by stating the amount of the contribution (not
12		less than $1) on the return and indicating that the
13		contribution will reduce the taxpayer's refund or increase the
14		amount of payment to accompany the return. The taxpayer's
15		failure to remit any amount of the increased payment reduces
16		the contribution accordingly. This Section does not apply to
17		any amended return.
18		(Source: P.A. 96-627, eff. 8-24-09; revised 10-7-09.)
19		(35 ILCS 5/606)
20		Sec. 606. EDGE payment. A payment includes a payment
21		provided for in subsection (g) (f) of Section 5-15 of the
22		Economic Development for a Growing Economy Tax Credit Act.
23		(Source: P.A. 96-836, eff. 12-16-09; revised 12-22-09.)

SB3733 Engrossed - 366 - LRB096 19592 AMC 34984 b
1		(35 ILCS 5/807)
2		Sec. 807. EDGE payment. A payment includes a payment
3		provided for in subsection (g) (f) of Section 5-15 of the
4		Economic Development for a Growing Economy Tax Credit Act.
5		(Source: P.A. 96-836, eff. 12-16-09; revised 12-22-09.)
6		Section 190. The Economic Development for a Growing Economy
7		Tax Credit Act is amended by changing Section 5-15 as follows:
8		(35 ILCS 10/5-15)
9		Sec. 5-15. Tax Credit Awards. Subject to the conditions set
10		forth in this Act, a Taxpayer is entitled to a Credit against
11		or, as described in subsection (g) (f) of this Section, a
12		payment towards taxes imposed pursuant to subsections (a) and
13		(b) of Section 201 of the Illinois Income Tax Act that may be
14		imposed on the Taxpayer for a taxable year beginning on or
15		after January 1, 1999, if the Taxpayer is awarded a Credit by
16		the Department under this Act for that taxable year.
17		(a) The Department shall make Credit awards under this Act
18		to foster job creation and retention in Illinois.
19		(b) A person that proposes a project to create new jobs in
20		Illinois must enter into an Agreement with the Department for
21		the Credit under this Act.
22		(c) The Credit shall be claimed for the taxable years
23		specified in the Agreement.
24		(d) The Credit shall not exceed the Incremental Income Tax

SB3733 Engrossed - 367 - LRB096 19592 AMC 34984 b
1		attributable to the project that is the subject of the
2		Agreement.
3		(e) Nothing herein shall prohibit a Tax Credit Award to an
4		Applicant that uses a PEO if all other award criteria are
5		satisfied.
6		(f) In lieu of the Credit allowed under this Act against
7		the taxes imposed pursuant to subsections (a) and (b) of
8		Section 201 of the Illinois Income Tax Act for any taxable year
9		ending on or after December 31, 2009, the Taxpayer may elect to
10		claim the Credit against its obligation to pay over withholding
11		under Section 704A of the Illinois Income Tax Act.
12		(1) The election under this subsection (f) may be made
13		only by a Taxpayer that (i) is primarily engaged in one of
14		the following business activities: motor vehicle metal
15		stamping, automobile manufacturing, automobile and light
16		duty motor vehicle manufacturing, motor vehicle
17		manufacturing, light truck and utility vehicle
18		manufacturing, or motor vehicle body manufacturing and
19		(ii) meets the following criteria:
20		(A) the Taxpayer (i) had an Illinois net loss or an
21		Illinois net loss deduction under Section 207 of the
22		Illinois Income Tax Act for the taxable year in which
23		the Credit is awarded, (ii) employed a minimum of 1,000
24		full-time employees in this State during the taxable
25		year in which the Credit is awarded, (iii) has an
26		Agreement under this Act on December 14, 2009 (the

SB3733 Engrossed - 368 - LRB096 19592 AMC 34984 b
1		effective date of Public Act 96-834) this amendatory
2		Act of the 96th General Assembly, and (iv) is in
3		compliance with all provisions of that Agreement; or
4		(B) the Taxpayer (i) had an Illinois net loss or an
5		Illinois net loss deduction under Section 207 of the
6		Illinois Income Tax Act for the taxable year in which
7		the Credit is awarded, (ii) employed a minimum of 1,000
8		full-time employees in this State during the taxable
9		year in which the Credit is awarded, and (iii) has
10		applied for an Agreement within 180 days after December
11		14, 2009 (the effective date of Public Act 96-834) this
12		amendatory Act of the 96th General Assembly.
13		(2) An election under this subsection shall allow the
14		credit to be taken against payments otherwise due under
15		Section 704A of the Illinois Income Tax Act during the
16		first calendar year beginning after the end of the taxable
17		year in which the credit is awarded under this Act.
18		(3) The election shall be made in the form and manner
19		required by the Illinois Department of Revenue and, once
20		made, shall be irrevocable.
21		(4) If a Taxpayer who meets the requirements of
22		subparagraph (A) of paragraph (1) of this subsection (f)
23		elects to claim the Credit against its withholdings as
24		provided in this subsection (f), then, on and after the
25		date of the election, the terms of the Agreement between
26		the Taxpayer and the Department may not be further amended

SB3733 Engrossed - 369 - LRB096 19592 AMC 34984 b
1		during the term of the Agreement.
2		(g) (f) A pass-through entity that has been awarded a
3		credit under this Act, its shareholders, or its partners may
4		treat some or all of the credit awarded pursuant to this Act as
5		a tax payment for purposes of the Illinois Income Tax Act. The
6		term "tax payment" means a payment as described in Article 6 or
7		Article 8 of the Illinois Income Tax Act or a composite payment
8		made by a pass-through entity on behalf of any of its
9		shareholders or partners to satisfy such shareholders' or
10		partners' taxes imposed pursuant to subsections (a) and (b) of
11		Section 201 of the Illinois Income Tax Act. In no event shall
12		the amount of the award credited pursuant to this Act exceed
13		the Illinois income tax liability of the pass-through entity or
14		its shareholders or partners for the taxable year.
15		(Source: P.A. 95-375, eff. 8-23-07; 96-834, eff. 12-14-09;
16		96-836, eff. 12-16-09; revised 12-21-09.)
17		Section 195. The Use Tax Act is amended by changing
18		Sections 3-5, 3-10, and 10 as follows:
19		(35 ILCS 105/3-5)
20		(Text of Section before amendment by P.A. 96-339)
21		Sec. 3-5. Exemptions. Use of the following tangible
22		personal property is exempt from the tax imposed by this Act:
23		(1) Personal property purchased from a corporation,
24		society, association, foundation, institution, or

SB3733 Engrossed - 370 - LRB096 19592 AMC 34984 b
1		organization, other than a limited liability company, that is
2		organized and operated as a not-for-profit service enterprise
3		for the benefit of persons 65 years of age or older if the
4		personal property was not purchased by the enterprise for the
5		purpose of resale by the enterprise.
6		(2) Personal property purchased by a not-for-profit
7		Illinois county fair association for use in conducting,
8		operating, or promoting the county fair.
9		(3) Personal property purchased by a not-for-profit arts or
10		cultural organization that establishes, by proof required by
11		the Department by rule, that it has received an exemption under
12		Section 501(c)(3) of the Internal Revenue Code and that is
13		organized and operated primarily for the presentation or
14		support of arts or cultural programming, activities, or
15		services. These organizations include, but are not limited to,
16		music and dramatic arts organizations such as symphony
17		orchestras and theatrical groups, arts and cultural service
18		organizations, local arts councils, visual arts organizations,
19		and media arts organizations. On and after the effective date
20		of this amendatory Act of the 92nd General Assembly, however,
21		an entity otherwise eligible for this exemption shall not make
22		tax-free purchases unless it has an active identification
23		number issued by the Department.
24		(4) Personal property purchased by a governmental body, by
25		a corporation, society, association, foundation, or
26		institution organized and operated exclusively for charitable,

SB3733 Engrossed - 371 - LRB096 19592 AMC 34984 b
1		religious, or educational purposes, or by a not-for-profit
2		corporation, society, association, foundation, institution, or
3		organization that has no compensated officers or employees and
4		that is organized and operated primarily for the recreation of
5		persons 55 years of age or older. A limited liability company
6		may qualify for the exemption under this paragraph only if the
7		limited liability company is organized and operated
8		exclusively for educational purposes. On and after July 1,
9		1987, however, no entity otherwise eligible for this exemption
10		shall make tax-free purchases unless it has an active exemption
11		identification number issued by the Department.
12		(5) Until July 1, 2003, a passenger car that is a
13		replacement vehicle to the extent that the purchase price of
14		the car is subject to the Replacement Vehicle Tax.
15		(6) Until July 1, 2003 and beginning again on September 1,
16		2004 through August 30, 2014, graphic arts machinery and
17		equipment, including repair and replacement parts, both new and
18		used, and including that manufactured on special order,
19		certified by the purchaser to be used primarily for graphic
20		arts production, and including machinery and equipment
21		purchased for lease. Equipment includes chemicals or chemicals
22		acting as catalysts but only if the chemicals or chemicals
23		acting as catalysts effect a direct and immediate change upon a
24		graphic arts product.
25		(7) Farm chemicals.
26		(8) Legal tender, currency, medallions, or gold or silver

SB3733 Engrossed - 372 - LRB096 19592 AMC 34984 b
1		coinage issued by the State of Illinois, the government of the
2		United States of America, or the government of any foreign
3		country, and bullion.
4		(9) Personal property purchased from a teacher-sponsored
5		student organization affiliated with an elementary or
6		secondary school located in Illinois.
7		(10) A motor vehicle of the first division, a motor vehicle
8		of the second division that is a self-contained motor vehicle
9		designed or permanently converted to provide living quarters
10		for recreational, camping, or travel use, with direct walk
11		through to the living quarters from the driver's seat, or a
12		motor vehicle of the second division that is of the van
13		configuration designed for the transportation of not less than
14		7 nor more than 16 passengers, as defined in Section 1-146 of
15		the Illinois Vehicle Code, that is used for automobile renting,
16		as defined in the Automobile Renting Occupation and Use Tax
17		Act.
18		(11) Farm machinery and equipment, both new and used,
19		including that manufactured on special order, certified by the
20		purchaser to be used primarily for production agriculture or
21		State or federal agricultural programs, including individual
22		replacement parts for the machinery and equipment, including
23		machinery and equipment purchased for lease, and including
24		implements of husbandry defined in Section 1-130 of the
25		Illinois Vehicle Code, farm machinery and agricultural
26		chemical and fertilizer spreaders, and nurse wagons required to

SB3733 Engrossed - 373 - LRB096 19592 AMC 34984 b
1		be registered under Section 3-809 of the Illinois Vehicle Code,
2		but excluding other motor vehicles required to be registered
3		under the Illinois Vehicle Code. Horticultural polyhouses or
4		hoop houses used for propagating, growing, or overwintering
5		plants shall be considered farm machinery and equipment under
6		this item (11). Agricultural chemical tender tanks and dry
7		boxes shall include units sold separately from a motor vehicle
8		required to be licensed and units sold mounted on a motor
9		vehicle required to be licensed if the selling price of the
10		tender is separately stated.
11		Farm machinery and equipment shall include precision
12		farming equipment that is installed or purchased to be
13		installed on farm machinery and equipment including, but not
14		limited to, tractors, harvesters, sprayers, planters, seeders,
15		or spreaders. Precision farming equipment includes, but is not
16		limited to, soil testing sensors, computers, monitors,
17		software, global positioning and mapping systems, and other
18		such equipment.
19		Farm machinery and equipment also includes computers,
20		sensors, software, and related equipment used primarily in the
21		computer-assisted operation of production agriculture
22		facilities, equipment, and activities such as, but not limited
23		to, the collection, monitoring, and correlation of animal and
24		crop data for the purpose of formulating animal diets and
25		agricultural chemicals. This item (11) is exempt from the
26		provisions of Section 3-90.

SB3733 Engrossed - 374 - LRB096 19592 AMC 34984 b
1		(12) Fuel and petroleum products sold to or used by an air
2		common carrier, certified by the carrier to be used for
3		consumption, shipment, or storage in the conduct of its
4		business as an air common carrier, for a flight destined for or
5		returning from a location or locations outside the United
6		States without regard to previous or subsequent domestic
7		stopovers.
8		(13) Proceeds of mandatory service charges separately
9		stated on customers' bills for the purchase and consumption of
10		food and beverages purchased at retail from a retailer, to the
11		extent that the proceeds of the service charge are in fact
12		turned over as tips or as a substitute for tips to the
13		employees who participate directly in preparing, serving,
14		hosting or cleaning up the food or beverage function with
15		respect to which the service charge is imposed.
16		(14) Until July 1, 2003, oil field exploration, drilling,
17		and production equipment, including (i) rigs and parts of rigs,
18		rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
19		tubular goods, including casing and drill strings, (iii) pumps
20		and pump-jack units, (iv) storage tanks and flow lines, (v) any
21		individual replacement part for oil field exploration,
22		drilling, and production equipment, and (vi) machinery and
23		equipment purchased for lease; but excluding motor vehicles
24		required to be registered under the Illinois Vehicle Code.
25		(15) Photoprocessing machinery and equipment, including
26		repair and replacement parts, both new and used, including that

SB3733 Engrossed - 375 - LRB096 19592 AMC 34984 b
1		manufactured on special order, certified by the purchaser to be
2		used primarily for photoprocessing, and including
3		photoprocessing machinery and equipment purchased for lease.
4		(16) Until July 1, 2003, coal exploration, mining,
5		offhighway hauling, processing, maintenance, and reclamation
6		equipment, including replacement parts and equipment, and
7		including equipment purchased for lease, but excluding motor
8		vehicles required to be registered under the Illinois Vehicle
9		Code.
10		(17) Until July 1, 2003, distillation machinery and
11		equipment, sold as a unit or kit, assembled or installed by the
12		retailer, certified by the user to be used only for the
13		production of ethyl alcohol that will be used for consumption
14		as motor fuel or as a component of motor fuel for the personal
15		use of the user, and not subject to sale or resale.
16		(18) Manufacturing and assembling machinery and equipment
17		used primarily in the process of manufacturing or assembling
18		tangible personal property for wholesale or retail sale or
19		lease, whether that sale or lease is made directly by the
20		manufacturer or by some other person, whether the materials
21		used in the process are owned by the manufacturer or some other
22		person, or whether that sale or lease is made apart from or as
23		an incident to the seller's engaging in the service occupation
24		of producing machines, tools, dies, jigs, patterns, gauges, or
25		other similar items of no commercial value on special order for
26		a particular purchaser.

SB3733 Engrossed - 376 - LRB096 19592 AMC 34984 b
1		(19) Personal property delivered to a purchaser or
2		purchaser's donee inside Illinois when the purchase order for
3		that personal property was received by a florist located
4		outside Illinois who has a florist located inside Illinois
5		deliver the personal property.
6		(20) Semen used for artificial insemination of livestock
7		for direct agricultural production.
8		(21) Horses, or interests in horses, registered with and
9		meeting the requirements of any of the Arabian Horse Club
10		Registry of America, Appaloosa Horse Club, American Quarter
11		Horse Association, United States Trotting Association, or
12		Jockey Club, as appropriate, used for purposes of breeding or
13		racing for prizes. This item (21) is exempt from the provisions
14		of Section 3-90, and the exemption provided for under this item
15		(21) applies for all periods beginning May 30, 1995, but no
16		claim for credit or refund is allowed on or after January 1,
17		2008 for such taxes paid during the period beginning May 30,
18		2000 and ending on January 1, 2008.
19		(22) Computers and communications equipment utilized for
20		any hospital purpose and equipment used in the diagnosis,
21		analysis, or treatment of hospital patients purchased by a
22		lessor who leases the equipment, under a lease of one year or
23		longer executed or in effect at the time the lessor would
24		otherwise be subject to the tax imposed by this Act, to a
25		hospital that has been issued an active tax exemption
26		identification number by the Department under Section 1g of the

SB3733 Engrossed - 377 - LRB096 19592 AMC 34984 b
1		Retailers' Occupation Tax Act. If the equipment is leased in a
2		manner that does not qualify for this exemption or is used in
3		any other non-exempt manner, the lessor shall be liable for the
4		tax imposed under this Act or the Service Use Tax Act, as the
5		case may be, based on the fair market value of the property at
6		the time the non-qualifying use occurs. No lessor shall collect
7		or attempt to collect an amount (however designated) that
8		purports to reimburse that lessor for the tax imposed by this
9		Act or the Service Use Tax Act, as the case may be, if the tax
10		has not been paid by the lessor. If a lessor improperly
11		collects any such amount from the lessee, the lessee shall have
12		a legal right to claim a refund of that amount from the lessor.
13		If, however, that amount is not refunded to the lessee for any
14		reason, the lessor is liable to pay that amount to the
15		Department.
16		(23) Personal property purchased by a lessor who leases the
17		property, under a lease of one year or longer executed or in
18		effect at the time the lessor would otherwise be subject to the
19		tax imposed by this Act, to a governmental body that has been
20		issued an active sales tax exemption identification number by
21		the Department under Section 1g of the Retailers' Occupation
22		Tax Act. If the property is leased in a manner that does not
23		qualify for this exemption or used in any other non-exempt
24		manner, the lessor shall be liable for the tax imposed under
25		this Act or the Service Use Tax Act, as the case may be, based
26		on the fair market value of the property at the time the

SB3733 Engrossed - 378 - LRB096 19592 AMC 34984 b
1		non-qualifying use occurs. No lessor shall collect or attempt
2		to collect an amount (however designated) that purports to
3		reimburse that lessor for the tax imposed by this Act or the
4		Service Use Tax Act, as the case may be, if the tax has not been
5		paid by the lessor. If a lessor improperly collects any such
6		amount from the lessee, the lessee shall have a legal right to
7		claim a refund of that amount from the lessor. If, however,
8		that amount is not refunded to the lessee for any reason, the
9		lessor is liable to pay that amount to the Department.
10		(24) Beginning with taxable years ending on or after
11		December 31, 1995 and ending with taxable years ending on or
12		before December 31, 2004, personal property that is donated for
13		disaster relief to be used in a State or federally declared
14		disaster area in Illinois or bordering Illinois by a
15		manufacturer or retailer that is registered in this State to a
16		corporation, society, association, foundation, or institution
17		that has been issued a sales tax exemption identification
18		number by the Department that assists victims of the disaster
19		who reside within the declared disaster area.
20		(25) Beginning with taxable years ending on or after
21		December 31, 1995 and ending with taxable years ending on or
22		before December 31, 2004, personal property that is used in the
23		performance of infrastructure repairs in this State, including
24		but not limited to municipal roads and streets, access roads,
25		bridges, sidewalks, waste disposal systems, water and sewer
26		line extensions, water distribution and purification

SB3733 Engrossed - 379 - LRB096 19592 AMC 34984 b
1		facilities, storm water drainage and retention facilities, and
2		sewage treatment facilities, resulting from a State or
3		federally declared disaster in Illinois or bordering Illinois
4		when such repairs are initiated on facilities located in the
5		declared disaster area within 6 months after the disaster.
6		(26) Beginning July 1, 1999, game or game birds purchased
7		at a "game breeding and hunting preserve area" or an "exotic
8		game hunting area" as those terms are used in the Wildlife Code
9		or at a hunting enclosure approved through rules adopted by the
10		Department of Natural Resources. This paragraph is exempt from
11		the provisions of Section 3-90.
12		(27) A motor vehicle, as that term is defined in Section
13		1-146 of the Illinois Vehicle Code, that is donated to a
14		corporation, limited liability company, society, association,
15		foundation, or institution that is determined by the Department
16		to be organized and operated exclusively for educational
17		purposes. For purposes of this exemption, "a corporation,
18		limited liability company, society, association, foundation,
19		or institution organized and operated exclusively for
20		educational purposes" means all tax-supported public schools,
21		private schools that offer systematic instruction in useful
22		branches of learning by methods common to public schools and
23		that compare favorably in their scope and intensity with the
24		course of study presented in tax-supported schools, and
25		vocational or technical schools or institutes organized and
26		operated exclusively to provide a course of study of not less

SB3733 Engrossed - 380 - LRB096 19592 AMC 34984 b
1		than 6 weeks duration and designed to prepare individuals to
2		follow a trade or to pursue a manual, technical, mechanical,
3		industrial, business, or commercial occupation.
4		(28) Beginning January 1, 2000, personal property,
5		including food, purchased through fundraising events for the
6		benefit of a public or private elementary or secondary school,
7		a group of those schools, or one or more school districts if
8		the events are sponsored by an entity recognized by the school
9		district that consists primarily of volunteers and includes
10		parents and teachers of the school children. This paragraph
11		does not apply to fundraising events (i) for the benefit of
12		private home instruction or (ii) for which the fundraising
13		entity purchases the personal property sold at the events from
14		another individual or entity that sold the property for the
15		purpose of resale by the fundraising entity and that profits
16		from the sale to the fundraising entity. This paragraph is
17		exempt from the provisions of Section 3-90.
18		(29) Beginning January 1, 2000 and through December 31,
19		2001, new or used automatic vending machines that prepare and
20		serve hot food and beverages, including coffee, soup, and other
21		items, and replacement parts for these machines. Beginning
22		January 1, 2002 and through June 30, 2003, machines and parts
23		for machines used in commercial, coin-operated amusement and
24		vending business if a use or occupation tax is paid on the
25		gross receipts derived from the use of the commercial,
26		coin-operated amusement and vending machines. This paragraph

SB3733 Engrossed - 381 - LRB096 19592 AMC 34984 b
1		is exempt from the provisions of Section 3-90.
2		(30) Beginning January 1, 2001 and through June 30, 2011,
3		food for human consumption that is to be consumed off the
4		premises where it is sold (other than alcoholic beverages, soft
5		drinks, and food that has been prepared for immediate
6		consumption) and prescription and nonprescription medicines,
7		drugs, medical appliances, and insulin, urine testing
8		materials, syringes, and needles used by diabetics, for human
9		use, when purchased for use by a person receiving medical
10		assistance under Article 5 of the Illinois Public Aid Code who
11		resides in a licensed long-term care facility, as defined in
12		the Nursing Home Care Act.
13		(31) Beginning on the effective date of this amendatory Act
14		of the 92nd General Assembly, computers and communications
15		equipment utilized for any hospital purpose and equipment used
16		in the diagnosis, analysis, or treatment of hospital patients
17		purchased by a lessor who leases the equipment, under a lease
18		of one year or longer executed or in effect at the time the
19		lessor would otherwise be subject to the tax imposed by this
20		Act, to a hospital that has been issued an active tax exemption
21		identification number by the Department under Section 1g of the
22		Retailers' Occupation Tax Act. If the equipment is leased in a
23		manner that does not qualify for this exemption or is used in
24		any other nonexempt manner, the lessor shall be liable for the
25		tax imposed under this Act or the Service Use Tax Act, as the
26		case may be, based on the fair market value of the property at

SB3733 Engrossed - 382 - LRB096 19592 AMC 34984 b
1		the time the nonqualifying use occurs. No lessor shall collect
2		or attempt to collect an amount (however designated) that
3		purports to reimburse that lessor for the tax imposed by this
4		Act or the Service Use Tax Act, as the case may be, if the tax
5		has not been paid by the lessor. If a lessor improperly
6		collects any such amount from the lessee, the lessee shall have
7		a legal right to claim a refund of that amount from the lessor.
8		If, however, that amount is not refunded to the lessee for any
9		reason, the lessor is liable to pay that amount to the
10		Department. This paragraph is exempt from the provisions of
11		Section 3-90.
12		(32) Beginning on the effective date of this amendatory Act
13		of the 92nd General Assembly, personal property purchased by a
14		lessor who leases the property, under a lease of one year or
15		longer executed or in effect at the time the lessor would
16		otherwise be subject to the tax imposed by this Act, to a
17		governmental body that has been issued an active sales tax
18		exemption identification number by the Department under
19		Section 1g of the Retailers' Occupation Tax Act. If the
20		property is leased in a manner that does not qualify for this
21		exemption or used in any other nonexempt manner, the lessor
22		shall be liable for the tax imposed under this Act or the
23		Service Use Tax Act, as the case may be, based on the fair
24		market value of the property at the time the nonqualifying use
25		occurs. No lessor shall collect or attempt to collect an amount
26		(however designated) that purports to reimburse that lessor for

SB3733 Engrossed - 383 - LRB096 19592 AMC 34984 b
1		the tax imposed by this Act or the Service Use Tax Act, as the
2		case may be, if the tax has not been paid by the lessor. If a
3		lessor improperly collects any such amount from the lessee, the
4		lessee shall have a legal right to claim a refund of that
5		amount from the lessor. If, however, that amount is not
6		refunded to the lessee for any reason, the lessor is liable to
7		pay that amount to the Department. This paragraph is exempt
8		from the provisions of Section 3-90.
9		(33) On and after July 1, 2003 and through June 30, 2004,
10		the use in this State of motor vehicles of the second division
11		with a gross vehicle weight in excess of 8,000 pounds and that
12		are subject to the commercial distribution fee imposed under
13		Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
14		1, 2004 and through June 30, 2005, the use in this State of
15		motor vehicles of the second division: (i) with a gross vehicle
16		weight rating in excess of 8,000 pounds; (ii) that are subject
17		to the commercial distribution fee imposed under Section
18		3-815.1 of the Illinois Vehicle Code; and (iii) that are
19		primarily used for commercial purposes. Through June 30, 2005,
20		this exemption applies to repair and replacement parts added
21		after the initial purchase of such a motor vehicle if that
22		motor vehicle is used in a manner that would qualify for the
23		rolling stock exemption otherwise provided for in this Act. For
24		purposes of this paragraph, the term "used for commercial
25		purposes" means the transportation of persons or property in
26		furtherance of any commercial or industrial enterprise,

SB3733 Engrossed - 384 - LRB096 19592 AMC 34984 b
1		whether for-hire or not.
2		(34) Beginning January 1, 2008, tangible personal property
3		used in the construction or maintenance of a community water
4		supply, as defined under Section 3.145 of the Environmental
5		Protection Act, that is operated by a not-for-profit
6		corporation that holds a valid water supply permit issued under
7		Title IV of the Environmental Protection Act. This paragraph is
8		exempt from the provisions of Section 3-90.
9		(35) Beginning January 1, 2010, materials, parts,
10		equipment, components, and furnishings incorporated into or
11		upon an aircraft as part of the modification, refurbishment,
12		completion, replacement, repair, or maintenance of the
13		aircraft. This exemption includes consumable supplies used in
14		the modification, refurbishment, completion, replacement,
15		repair, and maintenance of aircraft, but excludes any
16		materials, parts, equipment, components, and consumable
17		supplies used in the modification, replacement, repair, and
18		maintenance of aircraft engines or power plants, whether such
19		engines or power plants are installed or uninstalled upon any
20		such aircraft. "Consumable supplies" include, but are not
21		limited to, adhesive, tape, sandpaper, general purpose
22		lubricants, cleaning solution, latex gloves, and protective
23		films. This exemption applies only to those organizations that
24		(i) hold an Air Agency Certificate and are empowered to operate
25		an approved repair station by the Federal Aviation
26		Administration, (ii) have a Class IV Rating, and (iii) conduct

SB3733 Engrossed - 385 - LRB096 19592 AMC 34984 b
1		operations in accordance with Part 145 of the Federal Aviation
2		Regulations. The exemption does not include aircraft operated
3		by a commercial air carrier providing scheduled passenger air
4		service pursuant to authority issued under Part 121 or Part 129
5		of the Federal Aviation Regulations.
6		(36) (35) Tangible personal property purchased by a
7		public-facilities corporation, as described in Section
8		11-65-10 of the Illinois Municipal Code, for purposes of
9		constructing or furnishing a municipal convention hall, but
10		only if the legal title to the municipal convention hall is
11		transferred to the municipality without any further
12		consideration by or on behalf of the municipality at the time
13		of the completion of the municipal convention hall or upon the
14		retirement or redemption of any bonds or other debt instruments
15		issued by the public-facilities corporation in connection with
16		the development of the municipal convention hall. This
17		exemption includes existing public-facilities corporations as
18		provided in Section 11-65-25 of the Illinois Municipal Code.
19		This paragraph is exempt from the provisions of Section 3-90.
20		(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
21		eff. 8-21-08; 96-116, eff. 7-31-09; 96-532, eff. 8-14-09;
22		96-759, eff. 1-1-10; revised 9-25-09.)
23		(Text of Section after amendment by P.A. 96-339)
24		Sec. 3-5. Exemptions. Use of the following tangible
25		personal property is exempt from the tax imposed by this Act:

SB3733 Engrossed - 386 - LRB096 19592 AMC 34984 b
1		(1) Personal property purchased from a corporation,
2		society, association, foundation, institution, or
3		organization, other than a limited liability company, that is
4		organized and operated as a not-for-profit service enterprise
5		for the benefit of persons 65 years of age or older if the
6		personal property was not purchased by the enterprise for the
7		purpose of resale by the enterprise.
8		(2) Personal property purchased by a not-for-profit
9		Illinois county fair association for use in conducting,
10		operating, or promoting the county fair.
11		(3) Personal property purchased by a not-for-profit arts or
12		cultural organization that establishes, by proof required by
13		the Department by rule, that it has received an exemption under
14		Section 501(c)(3) of the Internal Revenue Code and that is
15		organized and operated primarily for the presentation or
16		support of arts or cultural programming, activities, or
17		services. These organizations include, but are not limited to,
18		music and dramatic arts organizations such as symphony
19		orchestras and theatrical groups, arts and cultural service
20		organizations, local arts councils, visual arts organizations,
21		and media arts organizations. On and after the effective date
22		of this amendatory Act of the 92nd General Assembly, however,
23		an entity otherwise eligible for this exemption shall not make
24		tax-free purchases unless it has an active identification
25		number issued by the Department.
26		(4) Personal property purchased by a governmental body, by

SB3733 Engrossed - 387 - LRB096 19592 AMC 34984 b
1		a corporation, society, association, foundation, or
2		institution organized and operated exclusively for charitable,
3		religious, or educational purposes, or by a not-for-profit
4		corporation, society, association, foundation, institution, or
5		organization that has no compensated officers or employees and
6		that is organized and operated primarily for the recreation of
7		persons 55 years of age or older. A limited liability company
8		may qualify for the exemption under this paragraph only if the
9		limited liability company is organized and operated
10		exclusively for educational purposes. On and after July 1,
11		1987, however, no entity otherwise eligible for this exemption
12		shall make tax-free purchases unless it has an active exemption
13		identification number issued by the Department.
14		(5) Until July 1, 2003, a passenger car that is a
15		replacement vehicle to the extent that the purchase price of
16		the car is subject to the Replacement Vehicle Tax.
17		(6) Until July 1, 2003 and beginning again on September 1,
18		2004 through August 30, 2014, graphic arts machinery and
19		equipment, including repair and replacement parts, both new and
20		used, and including that manufactured on special order,
21		certified by the purchaser to be used primarily for graphic
22		arts production, and including machinery and equipment
23		purchased for lease. Equipment includes chemicals or chemicals
24		acting as catalysts but only if the chemicals or chemicals
25		acting as catalysts effect a direct and immediate change upon a
26		graphic arts product.

SB3733 Engrossed - 388 - LRB096 19592 AMC 34984 b
1		(7) Farm chemicals.
2		(8) Legal tender, currency, medallions, or gold or silver
3		coinage issued by the State of Illinois, the government of the
4		United States of America, or the government of any foreign
5		country, and bullion.
6		(9) Personal property purchased from a teacher-sponsored
7		student organization affiliated with an elementary or
8		secondary school located in Illinois.
9		(10) A motor vehicle of the first division, a motor vehicle
10		of the second division that is a self-contained motor vehicle
11		designed or permanently converted to provide living quarters
12		for recreational, camping, or travel use, with direct walk
13		through to the living quarters from the driver's seat, or a
14		motor vehicle of the second division that is of the van
15		configuration designed for the transportation of not less than
16		7 nor more than 16 passengers, as defined in Section 1-146 of
17		the Illinois Vehicle Code, that is used for automobile renting,
18		as defined in the Automobile Renting Occupation and Use Tax
19		Act.
20		(11) Farm machinery and equipment, both new and used,
21		including that manufactured on special order, certified by the
22		purchaser to be used primarily for production agriculture or
23		State or federal agricultural programs, including individual
24		replacement parts for the machinery and equipment, including
25		machinery and equipment purchased for lease, and including
26		implements of husbandry defined in Section 1-130 of the

SB3733 Engrossed - 389 - LRB096 19592 AMC 34984 b
1		Illinois Vehicle Code, farm machinery and agricultural
2		chemical and fertilizer spreaders, and nurse wagons required to
3		be registered under Section 3-809 of the Illinois Vehicle Code,
4		but excluding other motor vehicles required to be registered
5		under the Illinois Vehicle Code. Horticultural polyhouses or
6		hoop houses used for propagating, growing, or overwintering
7		plants shall be considered farm machinery and equipment under
8		this item (11). Agricultural chemical tender tanks and dry
9		boxes shall include units sold separately from a motor vehicle
10		required to be licensed and units sold mounted on a motor
11		vehicle required to be licensed if the selling price of the
12		tender is separately stated.
13		Farm machinery and equipment shall include precision
14		farming equipment that is installed or purchased to be
15		installed on farm machinery and equipment including, but not
16		limited to, tractors, harvesters, sprayers, planters, seeders,
17		or spreaders. Precision farming equipment includes, but is not
18		limited to, soil testing sensors, computers, monitors,
19		software, global positioning and mapping systems, and other
20		such equipment.
21		Farm machinery and equipment also includes computers,
22		sensors, software, and related equipment used primarily in the
23		computer-assisted operation of production agriculture
24		facilities, equipment, and activities such as, but not limited
25		to, the collection, monitoring, and correlation of animal and
26		crop data for the purpose of formulating animal diets and

SB3733 Engrossed - 390 - LRB096 19592 AMC 34984 b
1		agricultural chemicals. This item (11) is exempt from the
2		provisions of Section 3-90.
3		(12) Fuel and petroleum products sold to or used by an air
4		common carrier, certified by the carrier to be used for
5		consumption, shipment, or storage in the conduct of its
6		business as an air common carrier, for a flight destined for or
7		returning from a location or locations outside the United
8		States without regard to previous or subsequent domestic
9		stopovers.
10		(13) Proceeds of mandatory service charges separately
11		stated on customers' bills for the purchase and consumption of
12		food and beverages purchased at retail from a retailer, to the
13		extent that the proceeds of the service charge are in fact
14		turned over as tips or as a substitute for tips to the
15		employees who participate directly in preparing, serving,
16		hosting or cleaning up the food or beverage function with
17		respect to which the service charge is imposed.
18		(14) Until July 1, 2003, oil field exploration, drilling,
19		and production equipment, including (i) rigs and parts of rigs,
20		rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
21		tubular goods, including casing and drill strings, (iii) pumps
22		and pump-jack units, (iv) storage tanks and flow lines, (v) any
23		individual replacement part for oil field exploration,
24		drilling, and production equipment, and (vi) machinery and
25		equipment purchased for lease; but excluding motor vehicles
26		required to be registered under the Illinois Vehicle Code.

SB3733 Engrossed - 391 - LRB096 19592 AMC 34984 b
1		(15) Photoprocessing machinery and equipment, including
2		repair and replacement parts, both new and used, including that
3		manufactured on special order, certified by the purchaser to be
4		used primarily for photoprocessing, and including
5		photoprocessing machinery and equipment purchased for lease.
6		(16) Until July 1, 2003, coal exploration, mining,
7		offhighway hauling, processing, maintenance, and reclamation
8		equipment, including replacement parts and equipment, and
9		including equipment purchased for lease, but excluding motor
10		vehicles required to be registered under the Illinois Vehicle
11		Code.
12		(17) Until July 1, 2003, distillation machinery and
13		equipment, sold as a unit or kit, assembled or installed by the
14		retailer, certified by the user to be used only for the
15		production of ethyl alcohol that will be used for consumption
16		as motor fuel or as a component of motor fuel for the personal
17		use of the user, and not subject to sale or resale.
18		(18) Manufacturing and assembling machinery and equipment
19		used primarily in the process of manufacturing or assembling
20		tangible personal property for wholesale or retail sale or
21		lease, whether that sale or lease is made directly by the
22		manufacturer or by some other person, whether the materials
23		used in the process are owned by the manufacturer or some other
24		person, or whether that sale or lease is made apart from or as
25		an incident to the seller's engaging in the service occupation
26		of producing machines, tools, dies, jigs, patterns, gauges, or

SB3733 Engrossed - 392 - LRB096 19592 AMC 34984 b
1		other similar items of no commercial value on special order for
2		a particular purchaser.
3		(19) Personal property delivered to a purchaser or
4		purchaser's donee inside Illinois when the purchase order for
5		that personal property was received by a florist located
6		outside Illinois who has a florist located inside Illinois
7		deliver the personal property.
8		(20) Semen used for artificial insemination of livestock
9		for direct agricultural production.
10		(21) Horses, or interests in horses, registered with and
11		meeting the requirements of any of the Arabian Horse Club
12		Registry of America, Appaloosa Horse Club, American Quarter
13		Horse Association, United States Trotting Association, or
14		Jockey Club, as appropriate, used for purposes of breeding or
15		racing for prizes. This item (21) is exempt from the provisions
16		of Section 3-90, and the exemption provided for under this item
17		(21) applies for all periods beginning May 30, 1995, but no
18		claim for credit or refund is allowed on or after January 1,
19		2008 for such taxes paid during the period beginning May 30,
20		2000 and ending on January 1, 2008.
21		(22) Computers and communications equipment utilized for
22		any hospital purpose and equipment used in the diagnosis,
23		analysis, or treatment of hospital patients purchased by a
24		lessor who leases the equipment, under a lease of one year or
25		longer executed or in effect at the time the lessor would
26		otherwise be subject to the tax imposed by this Act, to a

SB3733 Engrossed - 393 - LRB096 19592 AMC 34984 b
1		hospital that has been issued an active tax exemption
2		identification number by the Department under Section 1g of the
3		Retailers' Occupation Tax Act. If the equipment is leased in a
4		manner that does not qualify for this exemption or is used in
5		any other non-exempt manner, the lessor shall be liable for the
6		tax imposed under this Act or the Service Use Tax Act, as the
7		case may be, based on the fair market value of the property at
8		the time the non-qualifying use occurs. No lessor shall collect
9		or attempt to collect an amount (however designated) that
10		purports to reimburse that lessor for the tax imposed by this
11		Act or the Service Use Tax Act, as the case may be, if the tax
12		has not been paid by the lessor. If a lessor improperly
13		collects any such amount from the lessee, the lessee shall have
14		a legal right to claim a refund of that amount from the lessor.
15		If, however, that amount is not refunded to the lessee for any
16		reason, the lessor is liable to pay that amount to the
17		Department.
18		(23) Personal property purchased by a lessor who leases the
19		property, under a lease of one year or longer executed or in
20		effect at the time the lessor would otherwise be subject to the
21		tax imposed by this Act, to a governmental body that has been
22		issued an active sales tax exemption identification number by
23		the Department under Section 1g of the Retailers' Occupation
24		Tax Act. If the property is leased in a manner that does not
25		qualify for this exemption or used in any other non-exempt
26		manner, the lessor shall be liable for the tax imposed under

SB3733 Engrossed - 394 - LRB096 19592 AMC 34984 b
1		this Act or the Service Use Tax Act, as the case may be, based
2		on the fair market value of the property at the time the
3		non-qualifying use occurs. No lessor shall collect or attempt
4		to collect an amount (however designated) that purports to
5		reimburse that lessor for the tax imposed by this Act or the
6		Service Use Tax Act, as the case may be, if the tax has not been
7		paid by the lessor. If a lessor improperly collects any such
8		amount from the lessee, the lessee shall have a legal right to
9		claim a refund of that amount from the lessor. If, however,
10		that amount is not refunded to the lessee for any reason, the
11		lessor is liable to pay that amount to the Department.
12		(24) Beginning with taxable years ending on or after
13		December 31, 1995 and ending with taxable years ending on or
14		before December 31, 2004, personal property that is donated for
15		disaster relief to be used in a State or federally declared
16		disaster area in Illinois or bordering Illinois by a
17		manufacturer or retailer that is registered in this State to a
18		corporation, society, association, foundation, or institution
19		that has been issued a sales tax exemption identification
20		number by the Department that assists victims of the disaster
21		who reside within the declared disaster area.
22		(25) Beginning with taxable years ending on or after
23		December 31, 1995 and ending with taxable years ending on or
24		before December 31, 2004, personal property that is used in the
25		performance of infrastructure repairs in this State, including
26		but not limited to municipal roads and streets, access roads,

SB3733 Engrossed - 395 - LRB096 19592 AMC 34984 b
1		bridges, sidewalks, waste disposal systems, water and sewer
2		line extensions, water distribution and purification
3		facilities, storm water drainage and retention facilities, and
4		sewage treatment facilities, resulting from a State or
5		federally declared disaster in Illinois or bordering Illinois
6		when such repairs are initiated on facilities located in the
7		declared disaster area within 6 months after the disaster.
8		(26) Beginning July 1, 1999, game or game birds purchased
9		at a "game breeding and hunting preserve area" or an "exotic
10		game hunting area" as those terms are used in the Wildlife Code
11		or at a hunting enclosure approved through rules adopted by the
12		Department of Natural Resources. This paragraph is exempt from
13		the provisions of Section 3-90.
14		(27) A motor vehicle, as that term is defined in Section
15		1-146 of the Illinois Vehicle Code, that is donated to a
16		corporation, limited liability company, society, association,
17		foundation, or institution that is determined by the Department
18		to be organized and operated exclusively for educational
19		purposes. For purposes of this exemption, "a corporation,
20		limited liability company, society, association, foundation,
21		or institution organized and operated exclusively for
22		educational purposes" means all tax-supported public schools,
23		private schools that offer systematic instruction in useful
24		branches of learning by methods common to public schools and
25		that compare favorably in their scope and intensity with the
26		course of study presented in tax-supported schools, and

SB3733 Engrossed - 396 - LRB096 19592 AMC 34984 b
1		vocational or technical schools or institutes organized and
2		operated exclusively to provide a course of study of not less
3		than 6 weeks duration and designed to prepare individuals to
4		follow a trade or to pursue a manual, technical, mechanical,
5		industrial, business, or commercial occupation.
6		(28) Beginning January 1, 2000, personal property,
7		including food, purchased through fundraising events for the
8		benefit of a public or private elementary or secondary school,
9		a group of those schools, or one or more school districts if
10		the events are sponsored by an entity recognized by the school
11		district that consists primarily of volunteers and includes
12		parents and teachers of the school children. This paragraph
13		does not apply to fundraising events (i) for the benefit of
14		private home instruction or (ii) for which the fundraising
15		entity purchases the personal property sold at the events from
16		another individual or entity that sold the property for the
17		purpose of resale by the fundraising entity and that profits
18		from the sale to the fundraising entity. This paragraph is
19		exempt from the provisions of Section 3-90.
20		(29) Beginning January 1, 2000 and through December 31,
21		2001, new or used automatic vending machines that prepare and
22		serve hot food and beverages, including coffee, soup, and other
23		items, and replacement parts for these machines. Beginning
24		January 1, 2002 and through June 30, 2003, machines and parts
25		for machines used in commercial, coin-operated amusement and
26		vending business if a use or occupation tax is paid on the

SB3733 Engrossed - 397 - LRB096 19592 AMC 34984 b
1		gross receipts derived from the use of the commercial,
2		coin-operated amusement and vending machines. This paragraph
3		is exempt from the provisions of Section 3-90.
4		(30) Beginning January 1, 2001 and through June 30, 2011,
5		food for human consumption that is to be consumed off the
6		premises where it is sold (other than alcoholic beverages, soft
7		drinks, and food that has been prepared for immediate
8		consumption) and prescription and nonprescription medicines,
9		drugs, medical appliances, and insulin, urine testing
10		materials, syringes, and needles used by diabetics, for human
11		use, when purchased for use by a person receiving medical
12		assistance under Article V of the Illinois Public Aid Code who
13		resides in a licensed long-term care facility, as defined in
14		the Nursing Home Care Act, or in a licensed facility as defined
15		in the MR/DD Community Care Act.
16		(31) Beginning on the effective date of this amendatory Act
17		of the 92nd General Assembly, computers and communications
18		equipment utilized for any hospital purpose and equipment used
19		in the diagnosis, analysis, or treatment of hospital patients
20		purchased by a lessor who leases the equipment, under a lease
21		of one year or longer executed or in effect at the time the
22		lessor would otherwise be subject to the tax imposed by this
23		Act, to a hospital that has been issued an active tax exemption
24		identification number by the Department under Section 1g of the
25		Retailers' Occupation Tax Act. If the equipment is leased in a
26		manner that does not qualify for this exemption or is used in

SB3733 Engrossed - 398 - LRB096 19592 AMC 34984 b
1		any other nonexempt manner, the lessor shall be liable for the
2		tax imposed under this Act or the Service Use Tax Act, as the
3		case may be, based on the fair market value of the property at
4		the time the nonqualifying use occurs. No lessor shall collect
5		or attempt to collect an amount (however designated) that
6		purports to reimburse that lessor for the tax imposed by this
7		Act or the Service Use Tax Act, as the case may be, if the tax
8		has not been paid by the lessor. If a lessor improperly
9		collects any such amount from the lessee, the lessee shall have
10		a legal right to claim a refund of that amount from the lessor.
11		If, however, that amount is not refunded to the lessee for any
12		reason, the lessor is liable to pay that amount to the
13		Department. This paragraph is exempt from the provisions of
14		Section 3-90.
15		(32) Beginning on the effective date of this amendatory Act
16		of the 92nd General Assembly, personal property purchased by a
17		lessor who leases the property, under a lease of one year or
18		longer executed or in effect at the time the lessor would
19		otherwise be subject to the tax imposed by this Act, to a
20		governmental body that has been issued an active sales tax
21		exemption identification number by the Department under
22		Section 1g of the Retailers' Occupation Tax Act. If the
23		property is leased in a manner that does not qualify for this
24		exemption or used in any other nonexempt manner, the lessor
25		shall be liable for the tax imposed under this Act or the
26		Service Use Tax Act, as the case may be, based on the fair

SB3733 Engrossed - 399 - LRB096 19592 AMC 34984 b
1		market value of the property at the time the nonqualifying use
2		occurs. No lessor shall collect or attempt to collect an amount
3		(however designated) that purports to reimburse that lessor for
4		the tax imposed by this Act or the Service Use Tax Act, as the
5		case may be, if the tax has not been paid by the lessor. If a
6		lessor improperly collects any such amount from the lessee, the
7		lessee shall have a legal right to claim a refund of that
8		amount from the lessor. If, however, that amount is not
9		refunded to the lessee for any reason, the lessor is liable to
10		pay that amount to the Department. This paragraph is exempt
11		from the provisions of Section 3-90.
12		(33) On and after July 1, 2003 and through June 30, 2004,
13		the use in this State of motor vehicles of the second division
14		with a gross vehicle weight in excess of 8,000 pounds and that
15		are subject to the commercial distribution fee imposed under
16		Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
17		1, 2004 and through June 30, 2005, the use in this State of
18		motor vehicles of the second division: (i) with a gross vehicle
19		weight rating in excess of 8,000 pounds; (ii) that are subject
20		to the commercial distribution fee imposed under Section
21		3-815.1 of the Illinois Vehicle Code; and (iii) that are
22		primarily used for commercial purposes. Through June 30, 2005,
23		this exemption applies to repair and replacement parts added
24		after the initial purchase of such a motor vehicle if that
25		motor vehicle is used in a manner that would qualify for the
26		rolling stock exemption otherwise provided for in this Act. For

SB3733 Engrossed - 400 - LRB096 19592 AMC 34984 b
1		purposes of this paragraph, the term "used for commercial
2		purposes" means the transportation of persons or property in
3		furtherance of any commercial or industrial enterprise,
4		whether for-hire or not.
5		(34) Beginning January 1, 2008, tangible personal property
6		used in the construction or maintenance of a community water
7		supply, as defined under Section 3.145 of the Environmental
8		Protection Act, that is operated by a not-for-profit
9		corporation that holds a valid water supply permit issued under
10		Title IV of the Environmental Protection Act. This paragraph is
11		exempt from the provisions of Section 3-90.
12		(35) Beginning January 1, 2010, materials, parts,
13		equipment, components, and furnishings incorporated into or
14		upon an aircraft as part of the modification, refurbishment,
15		completion, replacement, repair, or maintenance of the
16		aircraft. This exemption includes consumable supplies used in
17		the modification, refurbishment, completion, replacement,
18		repair, and maintenance of aircraft, but excludes any
19		materials, parts, equipment, components, and consumable
20		supplies used in the modification, replacement, repair, and
21		maintenance of aircraft engines or power plants, whether such
22		engines or power plants are installed or uninstalled upon any
23		such aircraft. "Consumable supplies" include, but are not
24		limited to, adhesive, tape, sandpaper, general purpose
25		lubricants, cleaning solution, latex gloves, and protective
26		films. This exemption applies only to those organizations that

SB3733 Engrossed - 401 - LRB096 19592 AMC 34984 b
1		(i) hold an Air Agency Certificate and are empowered to operate
2		an approved repair station by the Federal Aviation
3		Administration, (ii) have a Class IV Rating, and (iii) conduct
4		operations in accordance with Part 145 of the Federal Aviation
5		Regulations. The exemption does not include aircraft operated
6		by a commercial air carrier providing scheduled passenger air
7		service pursuant to authority issued under Part 121 or Part 129
8		of the Federal Aviation Regulations.
9		(36) (35) Tangible personal property purchased by a
10		public-facilities corporation, as described in Section
11		11-65-10 of the Illinois Municipal Code, for purposes of
12		constructing or furnishing a municipal convention hall, but
13		only if the legal title to the municipal convention hall is
14		transferred to the municipality without any further
15		consideration by or on behalf of the municipality at the time
16		of the completion of the municipal convention hall or upon the
17		retirement or redemption of any bonds or other debt instruments
18		issued by the public-facilities corporation in connection with
19		the development of the municipal convention hall. This
20		exemption includes existing public-facilities corporations as
21		provided in Section 11-65-25 of the Illinois Municipal Code.
22		This paragraph is exempt from the provisions of Section 3-90.
23		(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
24		eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
25		96-532, eff. 8-14-09; 96-759, eff. 1-1-10; revised 9-25-09.)

SB3733 Engrossed - 402 - LRB096 19592 AMC 34984 b
1		(35 ILCS 105/3-10)
2		Sec. 3-10. Rate of tax. Unless otherwise provided in this
3		Section, the tax imposed by this Act is at the rate of 6.25% of
4		either the selling price or the fair market value, if any, of
5		the tangible personal property. In all cases where property
6		functionally used or consumed is the same as the property that
7		was purchased at retail, then the tax is imposed on the selling
8		price of the property. In all cases where property functionally
9		used or consumed is a by-product or waste product that has been
10		refined, manufactured, or produced from property purchased at
11		retail, then the tax is imposed on the lower of the fair market
12		value, if any, of the specific property so used in this State
13		or on the selling price of the property purchased at retail.
14		For purposes of this Section "fair market value" means the
15		price at which property would change hands between a willing
16		buyer and a willing seller, neither being under any compulsion
17		to buy or sell and both having reasonable knowledge of the
18		relevant facts. The fair market value shall be established by
19		Illinois sales by the taxpayer of the same property as that
20		functionally used or consumed, or if there are no such sales by
21		the taxpayer, then comparable sales or purchases of property of
22		like kind and character in Illinois.
23		Beginning on July 1, 2000 and through December 31, 2000,
24		with respect to motor fuel, as defined in Section 1.1 of the
25		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
26		the Use Tax Act, the tax is imposed at the rate of 1.25%.

SB3733 Engrossed - 403 - LRB096 19592 AMC 34984 b
1		With respect to gasohol, the tax imposed by this Act
2		applies to (i) 70% of the proceeds of sales made on or after
3		January 1, 1990, and before July 1, 2003, (ii) 80% of the
4		proceeds of sales made on or after July 1, 2003 and on or
5		before December 31, 2013, and (iii) 100% of the proceeds of
6		sales made thereafter. If, at any time, however, the tax under
7		this Act on sales of gasohol is imposed at the rate of 1.25%,
8		then the tax imposed by this Act applies to 100% of the
9		proceeds of sales of gasohol made during that time.
10		With respect to majority blended ethanol fuel, the tax
11		imposed by this Act does not apply to the proceeds of sales
12		made on or after July 1, 2003 and on or before December 31,
13		2013 but applies to 100% of the proceeds of sales made
14		thereafter.
15		With respect to biodiesel blends with no less than 1% and
16		no more than 10% biodiesel, the tax imposed by this Act applies
17		to (i) 80% of the proceeds of sales made on or after July 1,
18		2003 and on or before December 31, 2013 and (ii) 100% of the
19		proceeds of sales made thereafter. If, at any time, however,
20		the tax under this Act on sales of biodiesel blends with no
21		less than 1% and no more than 10% biodiesel is imposed at the
22		rate of 1.25%, then the tax imposed by this Act applies to 100%
23		of the proceeds of sales of biodiesel blends with no less than
24		1% and no more than 10% biodiesel made during that time.
25		With respect to 100% biodiesel and biodiesel blends with
26		more than 10% but no more than 99% biodiesel, the tax imposed

SB3733 Engrossed - 404 - LRB096 19592 AMC 34984 b
1		by this Act does not apply to the proceeds of sales made on or
2		after July 1, 2003 and on or before December 31, 2013 but
3		applies to 100% of the proceeds of sales made thereafter.
4		With respect to food for human consumption that is to be
5		consumed off the premises where it is sold (other than
6		alcoholic beverages, soft drinks, and food that has been
7		prepared for immediate consumption) and prescription and
8		nonprescription medicines, drugs, medical appliances,
9		modifications to a motor vehicle for the purpose of rendering
10		it usable by a disabled person, and insulin, urine testing
11		materials, syringes, and needles used by diabetics, for human
12		use, the tax is imposed at the rate of 1%. For the purposes of
13		this Section, until September 1, 2009: the term "soft drinks"
14		means any complete, finished, ready-to-use, non-alcoholic
15		drink, whether carbonated or not, including but not limited to
16		soda water, cola, fruit juice, vegetable juice, carbonated
17		water, and all other preparations commonly known as soft drinks
18		of whatever kind or description that are contained in any
19		closed or sealed bottle, can, carton, or container, regardless
20		of size; but "soft drinks" does not include coffee, tea,
21		non-carbonated water, infant formula, milk or milk products as
22		defined in the Grade A Pasteurized Milk and Milk Products Act,
23		or drinks containing 50% or more natural fruit or vegetable
24		juice.
25		Notwithstanding any other provisions of this Act,
26		beginning September 1, 2009, "soft drinks" means non-alcoholic

SB3733 Engrossed - 405 - LRB096 19592 AMC 34984 b
1		beverages that contain natural or artificial sweeteners. "Soft
2		drinks" do not include beverages that contain milk or milk
3		products, soy, rice or similar milk substitutes, or greater
4		than 50% of vegetable or fruit juice by volume.
5		Until August 1, 2009, and notwithstanding any other
6		provisions of this Act, "food for human consumption that is to
7		be consumed off the premises where it is sold" includes all
8		food sold through a vending machine, except soft drinks, and
9		food products that are dispensed hot from a vending machine,
10		regardless of the location of the vending machine. Beginning
11		August 1, 2009, and notwithstanding any other provisions of
12		this Act, "food for human consumption that is to be consumed
13		off the premises where it is sold" includes all food sold
14		through a vending machine, except soft drinks, candy, and food
15		products that are dispensed hot from a vending machine,
16		regardless of the location of the vending machine.
17		Notwithstanding any other provisions of this Act,
18		beginning September 1, 2009, "food for human consumption that
19		is to be consumed off the premises where it is sold" does not
20		include candy. For purposes of this Section, "candy" means a
21		preparation of sugar, honey, or other natural or artificial
22		sweeteners in combination with chocolate, fruits, nuts or other
23		ingredients or flavorings in the form of bars, drops, or
24		pieces. "Candy" does not include any preparation that contains
25		flour or requires refrigeration.
26		Notwithstanding any other provisions of this Act,

SB3733 Engrossed - 406 - LRB096 19592 AMC 34984 b
1		beginning September 1, 2009, "nonprescription medicines and
2		drugs" does not include grooming and hygiene products. For
3		purposes of this Section, "grooming and hygiene products"
4		includes, but is not limited to, soaps and cleaning solutions,
5		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
6		lotions and screens, unless those products are available by
7		prescription only, regardless of whether the products meet the
8		definition of "over-the-counter-drugs". For the purposes of
9		this paragraph, "over-the-counter-drug" means a drug for human
10		use that contains a label that identifies the product as a drug
11		as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
12		label includes:
13		(A) A "Drug Facts" panel; or
14		(B) A statement of the "active ingredient(s)" with a
15		list of those ingredients contained in the compound,
16		substance or preparation.
17		If the property that is purchased at retail from a retailer
18		is acquired outside Illinois and used outside Illinois before
19		being brought to Illinois for use here and is taxable under
20		this Act, the "selling price" on which the tax is computed
21		shall be reduced by an amount that represents a reasonable
22		allowance for depreciation for the period of prior out-of-state
23		use.
24		(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
25		eff. 7-13-09; revised 8-20-09.)

SB3733 Engrossed - 407 - LRB096 19592 AMC 34984 b
1		(35 ILCS 105/10) (from Ch. 120, par. 439.10)
2		Sec. 10. Except as to motor vehicles, aircraft, watercraft,
3		and trailers, and except as to cigarettes as defined in the
4		Cigarette Use Tax Act, when tangible personal property is
5		purchased from a retailer for use in this State by a purchaser
6		who did not pay the tax imposed by this Act to the retailer,
7		and who does not file returns with the Department as a retailer
8		under Section 9 of this Act, such purchaser (by the last day of
9		the month following the calendar month in which such purchaser
10		makes any payment upon the selling price of such property)
11		shall, except as provided in this Section, file a return with
12		the Department and pay the tax upon that portion of the selling
13		price so paid by the purchaser during the preceding calendar
14		month. When tangible personal property, including but not
15		limited to motor vehicles and aircraft, is purchased by a
16		lessor, under a lease for one year or longer, executed or in
17		effect at the time of purchase to an interstate carrier for
18		hire, who did not pay the tax imposed by this Act to the
19		retailer, such lessor (by the last day of the month following
20		the calendar month in which such property reverts to the use of
21		such lessor) shall file a return with the Department and pay
22		the tax upon the fair market value of such property on the date
23		of such reversion. However, in determining the fair market
24		value at the time of reversion, the fair market value of such
25		property shall not exceed the original purchase price of the
26		property that was paid by the lessor at the time of purchase.

SB3733 Engrossed - 408 - LRB096 19592 AMC 34984 b
1		Such return shall be filed on a form prescribed by the
2		Department and shall contain such information as the Department
3		may reasonably require. Such return and payment from the
4		purchaser shall be submitted to the Department sooner than the
5		last day of the month after the month in which the purchase is
6		made to the extent that that may be necessary in order to
7		secure the title to a motor vehicle or the certificate of
8		registration for an aircraft. However, except as to motor
9		vehicles and aircraft, and except as to cigarettes as defined
10		in the Cigarette Use Tax Act, if the purchaser's annual use tax
11		liability does not exceed $600, the purchaser may file the
12		return on an annual basis on or before April 15th of the year
13		following the year use tax liability was incurred.
14		If cigarettes, as defined in the Cigarette Use Tax Act, are
15		purchased from a retailer for use in this State by a purchaser
16		who did not pay the tax imposed by this Act to the retailer,
17		and who does not file returns with the Department as a retailer
18		under Section 9 of this Act, such purchaser must, within 30
19		days after acquiring the cigarettes, file a return with the
20		Department and pay the tax upon that portion of the selling
21		price so paid by the purchaser for the cigarettes.
22		In addition with respect to motor vehicles, aircraft,
23		watercraft, and trailers, a purchaser of such tangible personal
24		property for use in this State, who purchases such tangible
25		personal property from an out-of-state retailer, shall file
26		with the Department, upon a form to be prescribed and supplied

SB3733 Engrossed - 409 - LRB096 19592 AMC 34984 b
1		by the Department, a return for each such item of tangible
2		personal property purchased, except that if, in the same
3		transaction, (i) a purchaser of motor vehicles, aircraft,
4		watercraft, or trailers who is a retailer of motor vehicles,
5		aircraft, watercraft, or trailers purchases more than one motor
6		vehicle, aircraft, watercraft, or trailer for the purpose of
7		resale or (ii) a purchaser of motor vehicles, aircraft,
8		watercraft, or trailers purchases more than one motor vehicle,
9		aircraft, watercraft, or trailer for use as qualifying rolling
10		stock as provided in Section 3-55 of this Act, then the
11		purchaser may report the purchase of all motor vehicles,
12		aircraft, watercraft, or trailers involved in that transaction
13		to the Department on a single return prescribed by the
14		Department. Such return in the case of motor vehicles and
15		aircraft must show the name and address of the seller, the
16		name, address of purchaser, the amount of the selling price
17		including the amount allowed by the retailer for traded in
18		property, if any; the amount allowed by the retailer for the
19		traded-in tangible personal property, if any, to the extent to
20		which Section 2 of this Act allows an exemption for the value
21		of traded-in property; the balance payable after deducting such
22		trade-in allowance from the total selling price; the amount of
23		tax due from the purchaser with respect to such transaction;
24		the amount of tax collected from the purchaser by the retailer
25		on such transaction (or satisfactory evidence that such tax is
26		not due in that particular instance if that is claimed to be

SB3733 Engrossed - 410 - LRB096 19592 AMC 34984 b
1		the fact); the place and date of the sale, a sufficient
2		identification of the property sold, and such other information
3		as the Department may reasonably require.
4		Such return shall be filed not later than 30 days after
5		such motor vehicle or aircraft is brought into this State for
6		use.
7		For purposes of this Section, "watercraft" means a Class 2,
8		Class 3, or Class 4 watercraft as defined in Section 3-2 of the
9		Boat Registration and Safety Act, a personal watercraft, or any
10		boat equipped with an inboard motor.
11		The return and tax remittance or proof of exemption from
12		the tax that is imposed by this Act may be transmitted to the
13		Department by way of the State agency with which, or State
14		officer with whom, the tangible personal property must be
15		titled or registered (if titling or registration is required)
16		if the Department and such agency or State officer determine
17		that this procedure will expedite the processing of
18		applications for title or registration.
19		With each such return, the purchaser shall remit the proper
20		amount of tax due (or shall submit satisfactory evidence that
21		the sale is not taxable if that is the case), to the Department
22		or its agents, whereupon the Department shall issue, in the
23		purchaser's name, a tax receipt (or a certificate of exemption
24		if the Department is satisfied that the particular sale is tax
25		exempt) which such purchaser may submit to the agency with
26		which, or State officer with whom, he must title or register

SB3733 Engrossed - 411 - LRB096 19592 AMC 34984 b
1		the tangible personal property that is involved (if titling or
2		registration is required) in support of such purchaser's
3		application for an Illinois certificate or other evidence of
4		title or registration to such tangible personal property.
5		When a purchaser pays a tax imposed by this Act directly to
6		the Department, the Department (upon request therefor from such
7		purchaser) shall issue an appropriate receipt to such purchaser
8		showing that he has paid such tax to the Department. Such
9		receipt shall be sufficient to relieve the purchaser from
10		further liability for the tax to which such receipt may refer.
11		A user who is liable to pay use tax directly to the
12		Department only occasionally and not on a frequently recurring
13		basis, and who is not required to file returns with the
14		Department as a retailer under Section 9 of this Act, or under
15		the "Retailers' Occupation Tax Act", or as a registrant with
16		the Department under the "Service Occupation Tax Act" or the
17		"Service Use Tax Act", need not register with the Department.
18		However, if such a user has a frequently recurring direct use
19		tax liability to pay to the Department, such user shall be
20		required to register with the Department on forms prescribed by
21		the Department and to obtain and display a certificate of
22		registration from the Department. In that event, all of the
23		provisions of Section 9 of this Act concerning the filing of
24		regular monthly, quarterly or annual tax returns and all of the
25		provisions of Section 2a of the "Retailers' Occupation Tax Act"
26		concerning the requirements for registrants to post bond or

SB3733 Engrossed - 412 - LRB096 19592 AMC 34984 b
1		other security with the Department, as the provisions of such
2		sections now exist or may hereafter be amended, shall apply to
3		such users to the same extent as if such provisions were
4		included herein.
5		(Source: P.A. 96-520, eff. 8-14-09; revised 10-30-09.)
6		Section 200. The Service Use Tax Act is amended by changing
7		Sections 3-5 and 3-10 as follows:
8		(35 ILCS 110/3-5)
9		(Text of Section before amendment by P.A. 96-339)
10		Sec. 3-5. Exemptions. Use of the following tangible
11		personal property is exempt from the tax imposed by this Act:
12		(1) Personal property purchased from a corporation,
13		society, association, foundation, institution, or
14		organization, other than a limited liability company, that is
15		organized and operated as a not-for-profit service enterprise
16		for the benefit of persons 65 years of age or older if the
17		personal property was not purchased by the enterprise for the
18		purpose of resale by the enterprise.
19		(2) Personal property purchased by a non-profit Illinois
20		county fair association for use in conducting, operating, or
21		promoting the county fair.
22		(3) Personal property purchased by a not-for-profit arts or
23		cultural organization that establishes, by proof required by
24		the Department by rule, that it has received an exemption under

SB3733 Engrossed - 413 - LRB096 19592 AMC 34984 b
1		Section 501(c)(3) of the Internal Revenue Code and that is
2		organized and operated primarily for the presentation or
3		support of arts or cultural programming, activities, or
4		services. These organizations include, but are not limited to,
5		music and dramatic arts organizations such as symphony
6		orchestras and theatrical groups, arts and cultural service
7		organizations, local arts councils, visual arts organizations,
8		and media arts organizations. On and after the effective date
9		of this amendatory Act of the 92nd General Assembly, however,
10		an entity otherwise eligible for this exemption shall not make
11		tax-free purchases unless it has an active identification
12		number issued by the Department.
13		(4) Legal tender, currency, medallions, or gold or silver
14		coinage issued by the State of Illinois, the government of the
15		United States of America, or the government of any foreign
16		country, and bullion.
17		(5) Until July 1, 2003 and beginning again on September 1,
18		2004 through August 30, 2014, graphic arts machinery and
19		equipment, including repair and replacement parts, both new and
20		used, and including that manufactured on special order or
21		purchased for lease, certified by the purchaser to be used
22		primarily for graphic arts production. Equipment includes
23		chemicals or chemicals acting as catalysts but only if the
24		chemicals or chemicals acting as catalysts effect a direct and
25		immediate change upon a graphic arts product.
26		(6) Personal property purchased from a teacher-sponsored

SB3733 Engrossed - 414 - LRB096 19592 AMC 34984 b
1		student organization affiliated with an elementary or
2		secondary school located in Illinois.
3		(7) Farm machinery and equipment, both new and used,
4		including that manufactured on special order, certified by the
5		purchaser to be used primarily for production agriculture or
6		State or federal agricultural programs, including individual
7		replacement parts for the machinery and equipment, including
8		machinery and equipment purchased for lease, and including
9		implements of husbandry defined in Section 1-130 of the
10		Illinois Vehicle Code, farm machinery and agricultural
11		chemical and fertilizer spreaders, and nurse wagons required to
12		be registered under Section 3-809 of the Illinois Vehicle Code,
13		but excluding other motor vehicles required to be registered
14		under the Illinois Vehicle Code. Horticultural polyhouses or
15		hoop houses used for propagating, growing, or overwintering
16		plants shall be considered farm machinery and equipment under
17		this item (7). Agricultural chemical tender tanks and dry boxes
18		shall include units sold separately from a motor vehicle
19		required to be licensed and units sold mounted on a motor
20		vehicle required to be licensed if the selling price of the
21		tender is separately stated.
22		Farm machinery and equipment shall include precision
23		farming equipment that is installed or purchased to be
24		installed on farm machinery and equipment including, but not
25		limited to, tractors, harvesters, sprayers, planters, seeders,
26		or spreaders. Precision farming equipment includes, but is not

SB3733 Engrossed - 415 - LRB096 19592 AMC 34984 b
1		limited to, soil testing sensors, computers, monitors,
2		software, global positioning and mapping systems, and other
3		such equipment.
4		Farm machinery and equipment also includes computers,
5		sensors, software, and related equipment used primarily in the
6		computer-assisted operation of production agriculture
7		facilities, equipment, and activities such as, but not limited
8		to, the collection, monitoring, and correlation of animal and
9		crop data for the purpose of formulating animal diets and
10		agricultural chemicals. This item (7) is exempt from the
11		provisions of Section 3-75.
12		(8) Fuel and petroleum products sold to or used by an air
13		common carrier, certified by the carrier to be used for
14		consumption, shipment, or storage in the conduct of its
15		business as an air common carrier, for a flight destined for or
16		returning from a location or locations outside the United
17		States without regard to previous or subsequent domestic
18		stopovers.
19		(9) Proceeds of mandatory service charges separately
20		stated on customers' bills for the purchase and consumption of
21		food and beverages acquired as an incident to the purchase of a
22		service from a serviceman, to the extent that the proceeds of
23		the service charge are in fact turned over as tips or as a
24		substitute for tips to the employees who participate directly
25		in preparing, serving, hosting or cleaning up the food or
26		beverage function with respect to which the service charge is

SB3733 Engrossed - 416 - LRB096 19592 AMC 34984 b
1		imposed.
2		(10) Until July 1, 2003, oil field exploration, drilling,
3		and production equipment, including (i) rigs and parts of rigs,
4		rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
5		tubular goods, including casing and drill strings, (iii) pumps
6		and pump-jack units, (iv) storage tanks and flow lines, (v) any
7		individual replacement part for oil field exploration,
8		drilling, and production equipment, and (vi) machinery and
9		equipment purchased for lease; but excluding motor vehicles
10		required to be registered under the Illinois Vehicle Code.
11		(11) Proceeds from the sale of photoprocessing machinery
12		and equipment, including repair and replacement parts, both new
13		and used, including that manufactured on special order,
14		certified by the purchaser to be used primarily for
15		photoprocessing, and including photoprocessing machinery and
16		equipment purchased for lease.
17		(12) Until July 1, 2003, coal exploration, mining,
18		offhighway hauling, processing, maintenance, and reclamation
19		equipment, including replacement parts and equipment, and
20		including equipment purchased for lease, but excluding motor
21		vehicles required to be registered under the Illinois Vehicle
22		Code.
23		(13) Semen used for artificial insemination of livestock
24		for direct agricultural production.
25		(14) Horses, or interests in horses, registered with and
26		meeting the requirements of any of the Arabian Horse Club

SB3733 Engrossed - 417 - LRB096 19592 AMC 34984 b
1		Registry of America, Appaloosa Horse Club, American Quarter
2		Horse Association, United States Trotting Association, or
3		Jockey Club, as appropriate, used for purposes of breeding or
4		racing for prizes. This item (14) is exempt from the provisions
5		of Section 3-75, and the exemption provided for under this item
6		(14) applies for all periods beginning May 30, 1995, but no
7		claim for credit or refund is allowed on or after the effective
8		date of this amendatory Act of the 95th General Assembly for
9		such taxes paid during the period beginning May 30, 2000 and
10		ending on the effective date of this amendatory Act of the 95th
11		General Assembly.
12		(15) Computers and communications equipment utilized for
13		any hospital purpose and equipment used in the diagnosis,
14		analysis, or treatment of hospital patients purchased by a
15		lessor who leases the equipment, under a lease of one year or
16		longer executed or in effect at the time the lessor would
17		otherwise be subject to the tax imposed by this Act, to a
18		hospital that has been issued an active tax exemption
19		identification number by the Department under Section 1g of the
20		Retailers' Occupation Tax Act. If the equipment is leased in a
21		manner that does not qualify for this exemption or is used in
22		any other non-exempt manner, the lessor shall be liable for the
23		tax imposed under this Act or the Use Tax Act, as the case may
24		be, based on the fair market value of the property at the time
25		the non-qualifying use occurs. No lessor shall collect or
26		attempt to collect an amount (however designated) that purports

SB3733 Engrossed - 418 - LRB096 19592 AMC 34984 b
1		to reimburse that lessor for the tax imposed by this Act or the
2		Use Tax Act, as the case may be, if the tax has not been paid by
3		the lessor. If a lessor improperly collects any such amount
4		from the lessee, the lessee shall have a legal right to claim a
5		refund of that amount from the lessor. If, however, that amount
6		is not refunded to the lessee for any reason, the lessor is
7		liable to pay that amount to the Department.
8		(16) Personal property purchased by a lessor who leases the
9		property, under a lease of one year or longer executed or in
10		effect at the time the lessor would otherwise be subject to the
11		tax imposed by this Act, to a governmental body that has been
12		issued an active tax exemption identification number by the
13		Department under Section 1g of the Retailers' Occupation Tax
14		Act. If the property is leased in a manner that does not
15		qualify for this exemption or is used in any other non-exempt
16		manner, the lessor shall be liable for the tax imposed under
17		this Act or the Use Tax Act, as the case may be, based on the
18		fair market value of the property at the time the
19		non-qualifying use occurs. No lessor shall collect or attempt
20		to collect an amount (however designated) that purports to
21		reimburse that lessor for the tax imposed by this Act or the
22		Use Tax Act, as the case may be, if the tax has not been paid by
23		the lessor. If a lessor improperly collects any such amount
24		from the lessee, the lessee shall have a legal right to claim a
25		refund of that amount from the lessor. If, however, that amount
26		is not refunded to the lessee for any reason, the lessor is

SB3733 Engrossed - 419 - LRB096 19592 AMC 34984 b
1		liable to pay that amount to the Department.
2		(17) Beginning with taxable years ending on or after
3		December 31, 1995 and ending with taxable years ending on or
4		before December 31, 2004, personal property that is donated for
5		disaster relief to be used in a State or federally declared
6		disaster area in Illinois or bordering Illinois by a
7		manufacturer or retailer that is registered in this State to a
8		corporation, society, association, foundation, or institution
9		that has been issued a sales tax exemption identification
10		number by the Department that assists victims of the disaster
11		who reside within the declared disaster area.
12		(18) Beginning with taxable years ending on or after
13		December 31, 1995 and ending with taxable years ending on or
14		before December 31, 2004, personal property that is used in the
15		performance of infrastructure repairs in this State, including
16		but not limited to municipal roads and streets, access roads,
17		bridges, sidewalks, waste disposal systems, water and sewer
18		line extensions, water distribution and purification
19		facilities, storm water drainage and retention facilities, and
20		sewage treatment facilities, resulting from a State or
21		federally declared disaster in Illinois or bordering Illinois
22		when such repairs are initiated on facilities located in the
23		declared disaster area within 6 months after the disaster.
24		(19) Beginning July 1, 1999, game or game birds purchased
25		at a "game breeding and hunting preserve area" or an "exotic
26		game hunting area" as those terms are used in the Wildlife Code

SB3733 Engrossed - 420 - LRB096 19592 AMC 34984 b
1		or at a hunting enclosure approved through rules adopted by the
2		Department of Natural Resources. This paragraph is exempt from
3		the provisions of Section 3-75.
4		(20) A motor vehicle, as that term is defined in Section
5		1-146 of the Illinois Vehicle Code, that is donated to a
6		corporation, limited liability company, society, association,
7		foundation, or institution that is determined by the Department
8		to be organized and operated exclusively for educational
9		purposes. For purposes of this exemption, "a corporation,
10		limited liability company, society, association, foundation,
11		or institution organized and operated exclusively for
12		educational purposes" means all tax-supported public schools,
13		private schools that offer systematic instruction in useful
14		branches of learning by methods common to public schools and
15		that compare favorably in their scope and intensity with the
16		course of study presented in tax-supported schools, and
17		vocational or technical schools or institutes organized and
18		operated exclusively to provide a course of study of not less
19		than 6 weeks duration and designed to prepare individuals to
20		follow a trade or to pursue a manual, technical, mechanical,
21		industrial, business, or commercial occupation.
22		(21) Beginning January 1, 2000, personal property,
23		including food, purchased through fundraising events for the
24		benefit of a public or private elementary or secondary school,
25		a group of those schools, or one or more school districts if
26		the events are sponsored by an entity recognized by the school

SB3733 Engrossed - 421 - LRB096 19592 AMC 34984 b
1		district that consists primarily of volunteers and includes
2		parents and teachers of the school children. This paragraph
3		does not apply to fundraising events (i) for the benefit of
4		private home instruction or (ii) for which the fundraising
5		entity purchases the personal property sold at the events from
6		another individual or entity that sold the property for the
7		purpose of resale by the fundraising entity and that profits
8		from the sale to the fundraising entity. This paragraph is
9		exempt from the provisions of Section 3-75.
10		(22) Beginning January 1, 2000 and through December 31,
11		2001, new or used automatic vending machines that prepare and
12		serve hot food and beverages, including coffee, soup, and other
13		items, and replacement parts for these machines. Beginning
14		January 1, 2002 and through June 30, 2003, machines and parts
15		for machines used in commercial, coin-operated amusement and
16		vending business if a use or occupation tax is paid on the
17		gross receipts derived from the use of the commercial,
18		coin-operated amusement and vending machines. This paragraph
19		is exempt from the provisions of Section 3-75.
20		(23) Beginning August 23, 2001 and through June 30, 2011,
21		food for human consumption that is to be consumed off the
22		premises where it is sold (other than alcoholic beverages, soft
23		drinks, and food that has been prepared for immediate
24		consumption) and prescription and nonprescription medicines,
25		drugs, medical appliances, and insulin, urine testing
26		materials, syringes, and needles used by diabetics, for human

SB3733 Engrossed - 422 - LRB096 19592 AMC 34984 b
1		use, when purchased for use by a person receiving medical
2		assistance under Article 5 of the Illinois Public Aid Code who
3		resides in a licensed long-term care facility, as defined in
4		the Nursing Home Care Act.
5		(24) Beginning on the effective date of this amendatory Act
6		of the 92nd General Assembly, computers and communications
7		equipment utilized for any hospital purpose and equipment used
8		in the diagnosis, analysis, or treatment of hospital patients
9		purchased by a lessor who leases the equipment, under a lease
10		of one year or longer executed or in effect at the time the
11		lessor would otherwise be subject to the tax imposed by this
12		Act, to a hospital that has been issued an active tax exemption
13		identification number by the Department under Section 1g of the
14		Retailers' Occupation Tax Act. If the equipment is leased in a
15		manner that does not qualify for this exemption or is used in
16		any other nonexempt manner, the lessor shall be liable for the
17		tax imposed under this Act or the Use Tax Act, as the case may
18		be, based on the fair market value of the property at the time
19		the nonqualifying use occurs. No lessor shall collect or
20		attempt to collect an amount (however designated) that purports
21		to reimburse that lessor for the tax imposed by this Act or the
22		Use Tax Act, as the case may be, if the tax has not been paid by
23		the lessor. If a lessor improperly collects any such amount
24		from the lessee, the lessee shall have a legal right to claim a
25		refund of that amount from the lessor. If, however, that amount
26		is not refunded to the lessee for any reason, the lessor is

SB3733 Engrossed - 423 - LRB096 19592 AMC 34984 b
1		liable to pay that amount to the Department. This paragraph is
2		exempt from the provisions of Section 3-75.
3		(25) Beginning on the effective date of this amendatory Act
4		of the 92nd General Assembly, personal property purchased by a
5		lessor who leases the property, under a lease of one year or
6		longer executed or in effect at the time the lessor would
7		otherwise be subject to the tax imposed by this Act, to a
8		governmental body that has been issued an active tax exemption
9		identification number by the Department under Section 1g of the
10		Retailers' Occupation Tax Act. If the property is leased in a
11		manner that does not qualify for this exemption or is used in
12		any other nonexempt manner, the lessor shall be liable for the
13		tax imposed under this Act or the Use Tax Act, as the case may
14		be, based on the fair market value of the property at the time
15		the nonqualifying use occurs. No lessor shall collect or
16		attempt to collect an amount (however designated) that purports
17		to reimburse that lessor for the tax imposed by this Act or the
18		Use Tax Act, as the case may be, if the tax has not been paid by
19		the lessor. If a lessor improperly collects any such amount
20		from the lessee, the lessee shall have a legal right to claim a
21		refund of that amount from the lessor. If, however, that amount
22		is not refunded to the lessee for any reason, the lessor is
23		liable to pay that amount to the Department. This paragraph is
24		exempt from the provisions of Section 3-75.
25		(26) Beginning January 1, 2008, tangible personal property
26		used in the construction or maintenance of a community water

SB3733 Engrossed - 424 - LRB096 19592 AMC 34984 b
1		supply, as defined under Section 3.145 of the Environmental
2		Protection Act, that is operated by a not-for-profit
3		corporation that holds a valid water supply permit issued under
4		Title IV of the Environmental Protection Act. This paragraph is
5		exempt from the provisions of Section 3-75.
6		(27) Beginning January 1, 2010, materials, parts,
7		equipment, components, and furnishings incorporated into or
8		upon an aircraft as part of the modification, refurbishment,
9		completion, replacement, repair, or maintenance of the
10		aircraft. This exemption includes consumable supplies used in
11		the modification, refurbishment, completion, replacement,
12		repair, and maintenance of aircraft, but excludes any
13		materials, parts, equipment, components, and consumable
14		supplies used in the modification, replacement, repair, and
15		maintenance of aircraft engines or power plants, whether such
16		engines or power plants are installed or uninstalled upon any
17		such aircraft. "Consumable supplies" include, but are not
18		limited to, adhesive, tape, sandpaper, general purpose
19		lubricants, cleaning solution, latex gloves, and protective
20		films. This exemption applies only to those organizations that
21		(i) hold an Air Agency Certificate and are empowered to operate
22		an approved repair station by the Federal Aviation
23		Administration, (ii) have a Class IV Rating, and (iii) conduct
24		operations in accordance with Part 145 of the Federal Aviation
25		Regulations. The exemption does not include aircraft operated
26		by a commercial air carrier providing scheduled passenger air

SB3733 Engrossed - 425 - LRB096 19592 AMC 34984 b
1		service pursuant to authority issued under Part 121 or Part 129
2		of the Federal Aviation Regulations.
3		(28) (27) Tangible personal property purchased by a
4		public-facilities corporation, as described in Section
5		11-65-10 of the Illinois Municipal Code, for purposes of
6		constructing or furnishing a municipal convention hall, but
7		only if the legal title to the municipal convention hall is
8		transferred to the municipality without any further
9		consideration by or on behalf of the municipality at the time
10		of the completion of the municipal convention hall or upon the
11		retirement or redemption of any bonds or other debt instruments
12		issued by the public-facilities corporation in connection with
13		the development of the municipal convention hall. This
14		exemption includes existing public-facilities corporations as
15		provided in Section 11-65-25 of the Illinois Municipal Code.
16		This paragraph is exempt from the provisions of Section 3-75.
17		(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
18		eff. 8-21-08; 96-116, eff. 7-31-09; 96-532, eff. 8-14-09;
19		96-759, eff. 1-1-10; revised 9-25-09.)
20		(Text of Section after amendment by P.A. 96-339)
21		Sec. 3-5. Exemptions. Use of the following tangible
22		personal property is exempt from the tax imposed by this Act:
23		(1) Personal property purchased from a corporation,
24		society, association, foundation, institution, or
25		organization, other than a limited liability company, that is

SB3733 Engrossed - 426 - LRB096 19592 AMC 34984 b
1		organized and operated as a not-for-profit service enterprise
2		for the benefit of persons 65 years of age or older if the
3		personal property was not purchased by the enterprise for the
4		purpose of resale by the enterprise.
5		(2) Personal property purchased by a non-profit Illinois
6		county fair association for use in conducting, operating, or
7		promoting the county fair.
8		(3) Personal property purchased by a not-for-profit arts or
9		cultural organization that establishes, by proof required by
10		the Department by rule, that it has received an exemption under
11		Section 501(c)(3) of the Internal Revenue Code and that is
12		organized and operated primarily for the presentation or
13		support of arts or cultural programming, activities, or
14		services. These organizations include, but are not limited to,
15		music and dramatic arts organizations such as symphony
16		orchestras and theatrical groups, arts and cultural service
17		organizations, local arts councils, visual arts organizations,
18		and media arts organizations. On and after the effective date
19		of this amendatory Act of the 92nd General Assembly, however,
20		an entity otherwise eligible for this exemption shall not make
21		tax-free purchases unless it has an active identification
22		number issued by the Department.
23		(4) Legal tender, currency, medallions, or gold or silver
24		coinage issued by the State of Illinois, the government of the
25		United States of America, or the government of any foreign
26		country, and bullion.

SB3733 Engrossed - 427 - LRB096 19592 AMC 34984 b
1		(5) Until July 1, 2003 and beginning again on September 1,
2		2004 through August 30, 2014, graphic arts machinery and
3		equipment, including repair and replacement parts, both new and
4		used, and including that manufactured on special order or
5		purchased for lease, certified by the purchaser to be used
6		primarily for graphic arts production. Equipment includes
7		chemicals or chemicals acting as catalysts but only if the
8		chemicals or chemicals acting as catalysts effect a direct and
9		immediate change upon a graphic arts product.
10		(6) Personal property purchased from a teacher-sponsored
11		student organization affiliated with an elementary or
12		secondary school located in Illinois.
13		(7) Farm machinery and equipment, both new and used,
14		including that manufactured on special order, certified by the
15		purchaser to be used primarily for production agriculture or
16		State or federal agricultural programs, including individual
17		replacement parts for the machinery and equipment, including
18		machinery and equipment purchased for lease, and including
19		implements of husbandry defined in Section 1-130 of the
20		Illinois Vehicle Code, farm machinery and agricultural
21		chemical and fertilizer spreaders, and nurse wagons required to
22		be registered under Section 3-809 of the Illinois Vehicle Code,
23		but excluding other motor vehicles required to be registered
24		under the Illinois Vehicle Code. Horticultural polyhouses or
25		hoop houses used for propagating, growing, or overwintering
26		plants shall be considered farm machinery and equipment under

SB3733 Engrossed - 428 - LRB096 19592 AMC 34984 b
1		this item (7). Agricultural chemical tender tanks and dry boxes
2		shall include units sold separately from a motor vehicle
3		required to be licensed and units sold mounted on a motor
4		vehicle required to be licensed if the selling price of the
5		tender is separately stated.
6		Farm machinery and equipment shall include precision
7		farming equipment that is installed or purchased to be
8		installed on farm machinery and equipment including, but not
9		limited to, tractors, harvesters, sprayers, planters, seeders,
10		or spreaders. Precision farming equipment includes, but is not
11		limited to, soil testing sensors, computers, monitors,
12		software, global positioning and mapping systems, and other
13		such equipment.
14		Farm machinery and equipment also includes computers,
15		sensors, software, and related equipment used primarily in the
16		computer-assisted operation of production agriculture
17		facilities, equipment, and activities such as, but not limited
18		to, the collection, monitoring, and correlation of animal and
19		crop data for the purpose of formulating animal diets and
20		agricultural chemicals. This item (7) is exempt from the
21		provisions of Section 3-75.
22		(8) Fuel and petroleum products sold to or used by an air
23		common carrier, certified by the carrier to be used for
24		consumption, shipment, or storage in the conduct of its
25		business as an air common carrier, for a flight destined for or
26		returning from a location or locations outside the United

SB3733 Engrossed - 429 - LRB096 19592 AMC 34984 b
1		States without regard to previous or subsequent domestic
2		stopovers.
3		(9) Proceeds of mandatory service charges separately
4		stated on customers' bills for the purchase and consumption of
5		food and beverages acquired as an incident to the purchase of a
6		service from a serviceman, to the extent that the proceeds of
7		the service charge are in fact turned over as tips or as a
8		substitute for tips to the employees who participate directly
9		in preparing, serving, hosting or cleaning up the food or
10		beverage function with respect to which the service charge is
11		imposed.
12		(10) Until July 1, 2003, oil field exploration, drilling,
13		and production equipment, including (i) rigs and parts of rigs,
14		rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
15		tubular goods, including casing and drill strings, (iii) pumps
16		and pump-jack units, (iv) storage tanks and flow lines, (v) any
17		individual replacement part for oil field exploration,
18		drilling, and production equipment, and (vi) machinery and
19		equipment purchased for lease; but excluding motor vehicles
20		required to be registered under the Illinois Vehicle Code.
21		(11) Proceeds from the sale of photoprocessing machinery
22		and equipment, including repair and replacement parts, both new
23		and used, including that manufactured on special order,
24		certified by the purchaser to be used primarily for
25		photoprocessing, and including photoprocessing machinery and
26		equipment purchased for lease.

SB3733 Engrossed - 430 - LRB096 19592 AMC 34984 b
1		(12) Until July 1, 2003, coal exploration, mining,
2		offhighway hauling, processing, maintenance, and reclamation
3		equipment, including replacement parts and equipment, and
4		including equipment purchased for lease, but excluding motor
5		vehicles required to be registered under the Illinois Vehicle
6		Code.
7		(13) Semen used for artificial insemination of livestock
8		for direct agricultural production.
9		(14) Horses, or interests in horses, registered with and
10		meeting the requirements of any of the Arabian Horse Club
11		Registry of America, Appaloosa Horse Club, American Quarter
12		Horse Association, United States Trotting Association, or
13		Jockey Club, as appropriate, used for purposes of breeding or
14		racing for prizes. This item (14) is exempt from the provisions
15		of Section 3-75, and the exemption provided for under this item
16		(14) applies for all periods beginning May 30, 1995, but no
17		claim for credit or refund is allowed on or after the effective
18		date of this amendatory Act of the 95th General Assembly for
19		such taxes paid during the period beginning May 30, 2000 and
20		ending on the effective date of this amendatory Act of the 95th
21		General Assembly.
22		(15) Computers and communications equipment utilized for
23		any hospital purpose and equipment used in the diagnosis,
24		analysis, or treatment of hospital patients purchased by a
25		lessor who leases the equipment, under a lease of one year or
26		longer executed or in effect at the time the lessor would

SB3733 Engrossed - 431 - LRB096 19592 AMC 34984 b
1		otherwise be subject to the tax imposed by this Act, to a
2		hospital that has been issued an active tax exemption
3		identification number by the Department under Section 1g of the
4		Retailers' Occupation Tax Act. If the equipment is leased in a
5		manner that does not qualify for this exemption or is used in
6		any other non-exempt manner, the lessor shall be liable for the
7		tax imposed under this Act or the Use Tax Act, as the case may
8		be, based on the fair market value of the property at the time
9		the non-qualifying use occurs. No lessor shall collect or
10		attempt to collect an amount (however designated) that purports
11		to reimburse that lessor for the tax imposed by this Act or the
12		Use Tax Act, as the case may be, if the tax has not been paid by
13		the lessor. If a lessor improperly collects any such amount
14		from the lessee, the lessee shall have a legal right to claim a
15		refund of that amount from the lessor. If, however, that amount
16		is not refunded to the lessee for any reason, the lessor is
17		liable to pay that amount to the Department.
18		(16) Personal property purchased by a lessor who leases the
19		property, under a lease of one year or longer executed or in
20		effect at the time the lessor would otherwise be subject to the
21		tax imposed by this Act, to a governmental body that has been
22		issued an active tax exemption identification number by the
23		Department under Section 1g of the Retailers' Occupation Tax
24		Act. If the property is leased in a manner that does not
25		qualify for this exemption or is used in any other non-exempt
26		manner, the lessor shall be liable for the tax imposed under

SB3733 Engrossed - 432 - LRB096 19592 AMC 34984 b
1		this Act or the Use Tax Act, as the case may be, based on the
2		fair market value of the property at the time the
3		non-qualifying use occurs. No lessor shall collect or attempt
4		to collect an amount (however designated) that purports to
5		reimburse that lessor for the tax imposed by this Act or the
6		Use Tax Act, as the case may be, if the tax has not been paid by
7		the lessor. If a lessor improperly collects any such amount
8		from the lessee, the lessee shall have a legal right to claim a
9		refund of that amount from the lessor. If, however, that amount
10		is not refunded to the lessee for any reason, the lessor is
11		liable to pay that amount to the Department.
12		(17) Beginning with taxable years ending on or after
13		December 31, 1995 and ending with taxable years ending on or
14		before December 31, 2004, personal property that is donated for
15		disaster relief to be used in a State or federally declared
16		disaster area in Illinois or bordering Illinois by a
17		manufacturer or retailer that is registered in this State to a
18		corporation, society, association, foundation, or institution
19		that has been issued a sales tax exemption identification
20		number by the Department that assists victims of the disaster
21		who reside within the declared disaster area.
22		(18) Beginning with taxable years ending on or after
23		December 31, 1995 and ending with taxable years ending on or
24		before December 31, 2004, personal property that is used in the
25		performance of infrastructure repairs in this State, including
26		but not limited to municipal roads and streets, access roads,

SB3733 Engrossed - 433 - LRB096 19592 AMC 34984 b
1		bridges, sidewalks, waste disposal systems, water and sewer
2		line extensions, water distribution and purification
3		facilities, storm water drainage and retention facilities, and
4		sewage treatment facilities, resulting from a State or
5		federally declared disaster in Illinois or bordering Illinois
6		when such repairs are initiated on facilities located in the
7		declared disaster area within 6 months after the disaster.
8		(19) Beginning July 1, 1999, game or game birds purchased
9		at a "game breeding and hunting preserve area" or an "exotic
10		game hunting area" as those terms are used in the Wildlife Code
11		or at a hunting enclosure approved through rules adopted by the
12		Department of Natural Resources. This paragraph is exempt from
13		the provisions of Section 3-75.
14		(20) A motor vehicle, as that term is defined in Section
15		1-146 of the Illinois Vehicle Code, that is donated to a
16		corporation, limited liability company, society, association,
17		foundation, or institution that is determined by the Department
18		to be organized and operated exclusively for educational
19		purposes. For purposes of this exemption, "a corporation,
20		limited liability company, society, association, foundation,
21		or institution organized and operated exclusively for
22		educational purposes" means all tax-supported public schools,
23		private schools that offer systematic instruction in useful
24		branches of learning by methods common to public schools and
25		that compare favorably in their scope and intensity with the
26		course of study presented in tax-supported schools, and

SB3733 Engrossed - 434 - LRB096 19592 AMC 34984 b
1		vocational or technical schools or institutes organized and
2		operated exclusively to provide a course of study of not less
3		than 6 weeks duration and designed to prepare individuals to
4		follow a trade or to pursue a manual, technical, mechanical,
5		industrial, business, or commercial occupation.
6		(21) Beginning January 1, 2000, personal property,
7		including food, purchased through fundraising events for the
8		benefit of a public or private elementary or secondary school,
9		a group of those schools, or one or more school districts if
10		the events are sponsored by an entity recognized by the school
11		district that consists primarily of volunteers and includes
12		parents and teachers of the school children. This paragraph
13		does not apply to fundraising events (i) for the benefit of
14		private home instruction or (ii) for which the fundraising
15		entity purchases the personal property sold at the events from
16		another individual or entity that sold the property for the
17		purpose of resale by the fundraising entity and that profits
18		from the sale to the fundraising entity. This paragraph is
19		exempt from the provisions of Section 3-75.
20		(22) Beginning January 1, 2000 and through December 31,
21		2001, new or used automatic vending machines that prepare and
22		serve hot food and beverages, including coffee, soup, and other
23		items, and replacement parts for these machines. Beginning
24		January 1, 2002 and through June 30, 2003, machines and parts
25		for machines used in commercial, coin-operated amusement and
26		vending business if a use or occupation tax is paid on the

SB3733 Engrossed - 435 - LRB096 19592 AMC 34984 b
1		gross receipts derived from the use of the commercial,
2		coin-operated amusement and vending machines. This paragraph
3		is exempt from the provisions of Section 3-75.
4		(23) Beginning August 23, 2001 and through June 30, 2011,
5		food for human consumption that is to be consumed off the
6		premises where it is sold (other than alcoholic beverages, soft
7		drinks, and food that has been prepared for immediate
8		consumption) and prescription and nonprescription medicines,
9		drugs, medical appliances, and insulin, urine testing
10		materials, syringes, and needles used by diabetics, for human
11		use, when purchased for use by a person receiving medical
12		assistance under Article V of the Illinois Public Aid Code who
13		resides in a licensed long-term care facility, as defined in
14		the Nursing Home Care Act, or in a licensed facility as defined
15		in the MR/DD Community Care Act.
16		(24) Beginning on the effective date of this amendatory Act
17		of the 92nd General Assembly, computers and communications
18		equipment utilized for any hospital purpose and equipment used
19		in the diagnosis, analysis, or treatment of hospital patients
20		purchased by a lessor who leases the equipment, under a lease
21		of one year or longer executed or in effect at the time the
22		lessor would otherwise be subject to the tax imposed by this
23		Act, to a hospital that has been issued an active tax exemption
24		identification number by the Department under Section 1g of the
25		Retailers' Occupation Tax Act. If the equipment is leased in a
26		manner that does not qualify for this exemption or is used in

SB3733 Engrossed - 436 - LRB096 19592 AMC 34984 b
1		any other nonexempt manner, the lessor shall be liable for the
2		tax imposed under this Act or the Use Tax Act, as the case may
3		be, based on the fair market value of the property at the time
4		the nonqualifying use occurs. No lessor shall collect or
5		attempt to collect an amount (however designated) that purports
6		to reimburse that lessor for the tax imposed by this Act or the
7		Use Tax Act, as the case may be, if the tax has not been paid by
8		the lessor. If a lessor improperly collects any such amount
9		from the lessee, the lessee shall have a legal right to claim a
10		refund of that amount from the lessor. If, however, that amount
11		is not refunded to the lessee for any reason, the lessor is
12		liable to pay that amount to the Department. This paragraph is
13		exempt from the provisions of Section 3-75.
14		(25) Beginning on the effective date of this amendatory Act
15		of the 92nd General Assembly, personal property purchased by a
16		lessor who leases the property, under a lease of one year or
17		longer executed or in effect at the time the lessor would
18		otherwise be subject to the tax imposed by this Act, to a
19		governmental body that has been issued an active tax exemption
20		identification number by the Department under Section 1g of the
21		Retailers' Occupation Tax Act. If the property is leased in a
22		manner that does not qualify for this exemption or is used in
23		any other nonexempt manner, the lessor shall be liable for the
24		tax imposed under this Act or the Use Tax Act, as the case may
25		be, based on the fair market value of the property at the time
26		the nonqualifying use occurs. No lessor shall collect or

SB3733 Engrossed - 437 - LRB096 19592 AMC 34984 b
1		attempt to collect an amount (however designated) that purports
2		to reimburse that lessor for the tax imposed by this Act or the
3		Use Tax Act, as the case may be, if the tax has not been paid by
4		the lessor. If a lessor improperly collects any such amount
5		from the lessee, the lessee shall have a legal right to claim a
6		refund of that amount from the lessor. If, however, that amount
7		is not refunded to the lessee for any reason, the lessor is
8		liable to pay that amount to the Department. This paragraph is
9		exempt from the provisions of Section 3-75.
10		(26) Beginning January 1, 2008, tangible personal property
11		used in the construction or maintenance of a community water
12		supply, as defined under Section 3.145 of the Environmental
13		Protection Act, that is operated by a not-for-profit
14		corporation that holds a valid water supply permit issued under
15		Title IV of the Environmental Protection Act. This paragraph is
16		exempt from the provisions of Section 3-75.
17		(27) Beginning January 1, 2010, materials, parts,
18		equipment, components, and furnishings incorporated into or
19		upon an aircraft as part of the modification, refurbishment,
20		completion, replacement, repair, or maintenance of the
21		aircraft. This exemption includes consumable supplies used in
22		the modification, refurbishment, completion, replacement,
23		repair, and maintenance of aircraft, but excludes any
24		materials, parts, equipment, components, and consumable
25		supplies used in the modification, replacement, repair, and
26		maintenance of aircraft engines or power plants, whether such

SB3733 Engrossed - 438 - LRB096 19592 AMC 34984 b
1		engines or power plants are installed or uninstalled upon any
2		such aircraft. "Consumable supplies" include, but are not
3		limited to, adhesive, tape, sandpaper, general purpose
4		lubricants, cleaning solution, latex gloves, and protective
5		films. This exemption applies only to those organizations that
6		(i) hold an Air Agency Certificate and are empowered to operate
7		an approved repair station by the Federal Aviation
8		Administration, (ii) have a Class IV Rating, and (iii) conduct
9		operations in accordance with Part 145 of the Federal Aviation
10		Regulations. The exemption does not include aircraft operated
11		by a commercial air carrier providing scheduled passenger air
12		service pursuant to authority issued under Part 121 or Part 129
13		of the Federal Aviation Regulations.
14		(28) (27) Tangible personal property purchased by a
15		public-facilities corporation, as described in Section
16		11-65-10 of the Illinois Municipal Code, for purposes of
17		constructing or furnishing a municipal convention hall, but
18		only if the legal title to the municipal convention hall is
19		transferred to the municipality without any further
20		consideration by or on behalf of the municipality at the time
21		of the completion of the municipal convention hall or upon the
22		retirement or redemption of any bonds or other debt instruments
23		issued by the public-facilities corporation in connection with
24		the development of the municipal convention hall. This
25		exemption includes existing public-facilities corporations as
26		provided in Section 11-65-25 of the Illinois Municipal Code.

SB3733 Engrossed - 439 - LRB096 19592 AMC 34984 b
1		This paragraph is exempt from the provisions of Section 3-75.
2		(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
3		eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
4		96-532, eff. 8-14-09; 96-759, eff. 1-1-10; revised 9-25-09.)
5		(35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
6		(Text of Section before amendment by P.A. 96-339)
7		Sec. 3-10. Rate of tax. Unless otherwise provided in this
8		Section, the tax imposed by this Act is at the rate of 6.25% of
9		the selling price of tangible personal property transferred as
10		an incident to the sale of service, but, for the purpose of
11		computing this tax, in no event shall the selling price be less
12		than the cost price of the property to the serviceman.
13		Beginning on July 1, 2000 and through December 31, 2000,
14		with respect to motor fuel, as defined in Section 1.1 of the
15		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
16		the Use Tax Act, the tax is imposed at the rate of 1.25%.
17		With respect to gasohol, as defined in the Use Tax Act, the
18		tax imposed by this Act applies to (i) 70% of the selling price
19		of property transferred as an incident to the sale of service
20		on or after January 1, 1990, and before July 1, 2003, (ii) 80%
21		of the selling price of property transferred as an incident to
22		the sale of service on or after July 1, 2003 and on or before
23		December 31, 2013, and (iii) 100% of the selling price
24		thereafter. If, at any time, however, the tax under this Act on
25		sales of gasohol, as defined in the Use Tax Act, is imposed at

SB3733 Engrossed - 440 - LRB096 19592 AMC 34984 b
1		the rate of 1.25%, then the tax imposed by this Act applies to
2		100% of the proceeds of sales of gasohol made during that time.
3		With respect to majority blended ethanol fuel, as defined
4		in the Use Tax Act, the tax imposed by this Act does not apply
5		to the selling price of property transferred as an incident to
6		the sale of service on or after July 1, 2003 and on or before
7		December 31, 2013 but applies to 100% of the selling price
8		thereafter.
9		With respect to biodiesel blends, as defined in the Use Tax
10		Act, with no less than 1% and no more than 10% biodiesel, the
11		tax imposed by this Act applies to (i) 80% of the selling price
12		of property transferred as an incident to the sale of service
13		on or after July 1, 2003 and on or before December 31, 2013 and
14		(ii) 100% of the proceeds of the selling price thereafter. If,
15		at any time, however, the tax under this Act on sales of
16		biodiesel blends, as defined in the Use Tax Act, with no less
17		than 1% and no more than 10% biodiesel is imposed at the rate
18		of 1.25%, then the tax imposed by this Act applies to 100% of
19		the proceeds of sales of biodiesel blends with no less than 1%
20		and no more than 10% biodiesel made during that time.
21		With respect to 100% biodiesel, as defined in the Use Tax
22		Act, and biodiesel blends, as defined in the Use Tax Act, with
23		more than 10% but no more than 99% biodiesel, the tax imposed
24		by this Act does not apply to the proceeds of the selling price
25		of property transferred as an incident to the sale of service
26		on or after July 1, 2003 and on or before December 31, 2013 but

SB3733 Engrossed - 441 - LRB096 19592 AMC 34984 b
1		applies to 100% of the selling price thereafter.
2		At the election of any registered serviceman made for each
3		fiscal year, sales of service in which the aggregate annual
4		cost price of tangible personal property transferred as an
5		incident to the sales of service is less than 35%, or 75% in
6		the case of servicemen transferring prescription drugs or
7		servicemen engaged in graphic arts production, of the aggregate
8		annual total gross receipts from all sales of service, the tax
9		imposed by this Act shall be based on the serviceman's cost
10		price of the tangible personal property transferred as an
11		incident to the sale of those services.
12		The tax shall be imposed at the rate of 1% on food prepared
13		for immediate consumption and transferred incident to a sale of
14		service subject to this Act or the Service Occupation Tax Act
15		by an entity licensed under the Hospital Licensing Act, the
16		Nursing Home Care Act, or the Child Care Act of 1969. The tax
17		shall also be imposed at the rate of 1% on food for human
18		consumption that is to be consumed off the premises where it is
19		sold (other than alcoholic beverages, soft drinks, and food
20		that has been prepared for immediate consumption and is not
21		otherwise included in this paragraph) and prescription and
22		nonprescription medicines, drugs, medical appliances,
23		modifications to a motor vehicle for the purpose of rendering
24		it usable by a disabled person, and insulin, urine testing
25		materials, syringes, and needles used by diabetics, for human
26		use. For the purposes of this Section, until September 1, 2009:

SB3733 Engrossed - 442 - LRB096 19592 AMC 34984 b
1		the term "soft drinks" means any complete, finished,
2		ready-to-use, non-alcoholic drink, whether carbonated or not,
3		including but not limited to soda water, cola, fruit juice,
4		vegetable juice, carbonated water, and all other preparations
5		commonly known as soft drinks of whatever kind or description
6		that are contained in any closed or sealed bottle, can, carton,
7		or container, regardless of size; but "soft drinks" does not
8		include coffee, tea, non-carbonated water, infant formula,
9		milk or milk products as defined in the Grade A Pasteurized
10		Milk and Milk Products Act, or drinks containing 50% or more
11		natural fruit or vegetable juice.
12		Notwithstanding any other provisions of this Act,
13		beginning September 1, 2009, "soft drinks" means non-alcoholic
14		beverages that contain natural or artificial sweeteners. "Soft
15		drinks" do not include beverages that contain milk or milk
16		products, soy, rice or similar milk substitutes, or greater
17		than 50% of vegetable or fruit juice by volume.
18		Until August 1, 2009, and notwithstanding any other
19		provisions of this Act, "food for human consumption that is to
20		be consumed off the premises where it is sold" includes all
21		food sold through a vending machine, except soft drinks, and
22		food products that are dispensed hot from a vending machine,
23		regardless of the location of the vending machine. Beginning
24		August 1, 2009, and notwithstanding any other provisions of
25		this Act, "food for human consumption that is to be consumed
26		off the premises where it is sold" includes all food sold

SB3733 Engrossed - 443 - LRB096 19592 AMC 34984 b
1		through a vending machine, except soft drinks, candy, and food
2		products that are dispensed hot from a vending machine,
3		regardless of the location of the vending machine.
4		Notwithstanding any other provisions of this Act,
5		beginning September 1, 2009, "food for human consumption that
6		is to be consumed off the premises where it is sold" does not
7		include candy. For purposes of this Section, "candy" means a
8		preparation of sugar, honey, or other natural or artificial
9		sweeteners in combination with chocolate, fruits, nuts or other
10		ingredients or flavorings in the form of bars, drops, or
11		pieces. "Candy" does not include any preparation that contains
12		flour or requires refrigeration.
13		Notwithstanding any other provisions of this Act,
14		beginning September 1, 2009, "nonprescription medicines and
15		drugs" does not include grooming and hygiene products. For
16		purposes of this Section, "grooming and hygiene products"
17		includes, but is not limited to, soaps and cleaning solutions,
18		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
19		lotions and screens, unless those products are available by
20		prescription only, regardless of whether the products meet the
21		definition of "over-the-counter-drugs". For the purposes of
22		this paragraph, "over-the-counter-drug" means a drug for human
23		use that contains a label that identifies the product as a drug
24		as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
25		label includes:
26		(A) A "Drug Facts" panel; or

SB3733 Engrossed - 444 - LRB096 19592 AMC 34984 b
1		(B) A statement of the "active ingredient(s)" with a
2		list of those ingredients contained in the compound,
3		substance or preparation.
4		If the property that is acquired from a serviceman is
5		acquired outside Illinois and used outside Illinois before
6		being brought to Illinois for use here and is taxable under
7		this Act, the "selling price" on which the tax is computed
8		shall be reduced by an amount that represents a reasonable
9		allowance for depreciation for the period of prior out-of-state
10		use.
11		(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
12		eff. 7-13-09; revised 9-25-09.)
13		(Text of Section after amendment by P.A. 96-339)
14		Sec. 3-10. Rate of tax. Unless otherwise provided in this
15		Section, the tax imposed by this Act is at the rate of 6.25% of
16		the selling price of tangible personal property transferred as
17		an incident to the sale of service, but, for the purpose of
18		computing this tax, in no event shall the selling price be less
19		than the cost price of the property to the serviceman.
20		Beginning on July 1, 2000 and through December 31, 2000,
21		with respect to motor fuel, as defined in Section 1.1 of the
22		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
23		the Use Tax Act, the tax is imposed at the rate of 1.25%.
24		With respect to gasohol, as defined in the Use Tax Act, the
25		tax imposed by this Act applies to (i) 70% of the selling price

SB3733 Engrossed - 445 - LRB096 19592 AMC 34984 b
1		of property transferred as an incident to the sale of service
2		on or after January 1, 1990, and before July 1, 2003, (ii) 80%
3		of the selling price of property transferred as an incident to
4		the sale of service on or after July 1, 2003 and on or before
5		December 31, 2013, and (iii) 100% of the selling price
6		thereafter. If, at any time, however, the tax under this Act on
7		sales of gasohol, as defined in the Use Tax Act, is imposed at
8		the rate of 1.25%, then the tax imposed by this Act applies to
9		100% of the proceeds of sales of gasohol made during that time.
10		With respect to majority blended ethanol fuel, as defined
11		in the Use Tax Act, the tax imposed by this Act does not apply
12		to the selling price of property transferred as an incident to
13		the sale of service on or after July 1, 2003 and on or before
14		December 31, 2013 but applies to 100% of the selling price
15		thereafter.
16		With respect to biodiesel blends, as defined in the Use Tax
17		Act, with no less than 1% and no more than 10% biodiesel, the
18		tax imposed by this Act applies to (i) 80% of the selling price
19		of property transferred as an incident to the sale of service
20		on or after July 1, 2003 and on or before December 31, 2013 and
21		(ii) 100% of the proceeds of the selling price thereafter. If,
22		at any time, however, the tax under this Act on sales of
23		biodiesel blends, as defined in the Use Tax Act, with no less
24		than 1% and no more than 10% biodiesel is imposed at the rate
25		of 1.25%, then the tax imposed by this Act applies to 100% of
26		the proceeds of sales of biodiesel blends with no less than 1%

SB3733 Engrossed - 446 - LRB096 19592 AMC 34984 b
1		and no more than 10% biodiesel made during that time.
2		With respect to 100% biodiesel, as defined in the Use Tax
3		Act, and biodiesel blends, as defined in the Use Tax Act, with
4		more than 10% but no more than 99% biodiesel, the tax imposed
5		by this Act does not apply to the proceeds of the selling price
6		of property transferred as an incident to the sale of service
7		on or after July 1, 2003 and on or before December 31, 2013 but
8		applies to 100% of the selling price thereafter.
9		At the election of any registered serviceman made for each
10		fiscal year, sales of service in which the aggregate annual
11		cost price of tangible personal property transferred as an
12		incident to the sales of service is less than 35%, or 75% in
13		the case of servicemen transferring prescription drugs or
14		servicemen engaged in graphic arts production, of the aggregate
15		annual total gross receipts from all sales of service, the tax
16		imposed by this Act shall be based on the serviceman's cost
17		price of the tangible personal property transferred as an
18		incident to the sale of those services.
19		The tax shall be imposed at the rate of 1% on food prepared
20		for immediate consumption and transferred incident to a sale of
21		service subject to this Act or the Service Occupation Tax Act
22		by an entity licensed under the Hospital Licensing Act, the
23		Nursing Home Care Act, the MR/DD Community Care Act, or the
24		Child Care Act of 1969. The tax shall also be imposed at the
25		rate of 1% on food for human consumption that is to be consumed
26		off the premises where it is sold (other than alcoholic

SB3733 Engrossed - 447 - LRB096 19592 AMC 34984 b
1		beverages, soft drinks, and food that has been prepared for
2		immediate consumption and is not otherwise included in this
3		paragraph) and prescription and nonprescription medicines,
4		drugs, medical appliances, modifications to a motor vehicle for
5		the purpose of rendering it usable by a disabled person, and
6		insulin, urine testing materials, syringes, and needles used by
7		diabetics, for human use. For the purposes of this Section,
8		until September 1, 2009: the term "soft drinks" means any
9		complete, finished, ready-to-use, non-alcoholic drink, whether
10		carbonated or not, including but not limited to soda water,
11		cola, fruit juice, vegetable juice, carbonated water, and all
12		other preparations commonly known as soft drinks of whatever
13		kind or description that are contained in any closed or sealed
14		bottle, can, carton, or container, regardless of size; but
15		"soft drinks" does not include coffee, tea, non-carbonated
16		water, infant formula, milk or milk products as defined in the
17		Grade A Pasteurized Milk and Milk Products Act, or drinks
18		containing 50% or more natural fruit or vegetable juice.
19		Notwithstanding any other provisions of this Act,
20		beginning September 1, 2009, "soft drinks" means non-alcoholic
21		beverages that contain natural or artificial sweeteners. "Soft
22		drinks" do not include beverages that contain milk or milk
23		products, soy, rice or similar milk substitutes, or greater
24		than 50% of vegetable or fruit juice by volume.
25		Until August 1, 2009, and notwithstanding any other
26		provisions of this Act, "food for human consumption that is to

SB3733 Engrossed - 448 - LRB096 19592 AMC 34984 b
1		be consumed off the premises where it is sold" includes all
2		food sold through a vending machine, except soft drinks, and
3		food products that are dispensed hot from a vending machine,
4		regardless of the location of the vending machine. Beginning
5		August 1, 2009, and notwithstanding any other provisions of
6		this Act, "food for human consumption that is to be consumed
7		off the premises where it is sold" includes all food sold
8		through a vending machine, except soft drinks, candy, and food
9		products that are dispensed hot from a vending machine,
10		regardless of the location of the vending machine.
11		Notwithstanding any other provisions of this Act,
12		beginning September 1, 2009, "food for human consumption that
13		is to be consumed off the premises where it is sold" does not
14		include candy. For purposes of this Section, "candy" means a
15		preparation of sugar, honey, or other natural or artificial
16		sweeteners in combination with chocolate, fruits, nuts or other
17		ingredients or flavorings in the form of bars, drops, or
18		pieces. "Candy" does not include any preparation that contains
19		flour or requires refrigeration.
20		Notwithstanding any other provisions of this Act,
21		beginning September 1, 2009, "nonprescription medicines and
22		drugs" does not include grooming and hygiene products. For
23		purposes of this Section, "grooming and hygiene products"
24		includes, but is not limited to, soaps and cleaning solutions,
25		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
26		lotions and screens, unless those products are available by

SB3733 Engrossed - 449 - LRB096 19592 AMC 34984 b
1		prescription only, regardless of whether the products meet the
2		definition of "over-the-counter-drugs". For the purposes of
3		this paragraph, "over-the-counter-drug" means a drug for human
4		use that contains a label that identifies the product as a drug
5		as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
6		label includes:
7		(A) A "Drug Facts" panel; or
8		(B) A statement of the "active ingredient(s)" with a
9		list of those ingredients contained in the compound,
10		substance or preparation.
11		If the property that is acquired from a serviceman is
12		acquired outside Illinois and used outside Illinois before
13		being brought to Illinois for use here and is taxable under
14		this Act, the "selling price" on which the tax is computed
15		shall be reduced by an amount that represents a reasonable
16		allowance for depreciation for the period of prior out-of-state
17		use.
18		(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
19		eff. 7-13-09; 96-339, eff. 7-1-10; revised 9-25-09.)
20		Section 205. The Service Occupation Tax Act is amended by
21		changing Sections 3-5 and 3-10 as follows:
22		(35 ILCS 115/3-5)
23		(Text of Section before amendment by P.A. 96-339)
24		Sec. 3-5. Exemptions. The following tangible personal

SB3733 Engrossed - 450 - LRB096 19592 AMC 34984 b
1		property is exempt from the tax imposed by this Act:
2		(1) Personal property sold by a corporation, society,
3		association, foundation, institution, or organization, other
4		than a limited liability company, that is organized and
5		operated as a not-for-profit service enterprise for the benefit
6		of persons 65 years of age or older if the personal property
7		was not purchased by the enterprise for the purpose of resale
8		by the enterprise.
9		(2) Personal property purchased by a not-for-profit
10		Illinois county fair association for use in conducting,
11		operating, or promoting the county fair.
12		(3) Personal property purchased by any not-for-profit arts
13		or cultural organization that establishes, by proof required by
14		the Department by rule, that it has received an exemption under
15		Section 501(c)(3) of the Internal Revenue Code and that is
16		organized and operated primarily for the presentation or
17		support of arts or cultural programming, activities, or
18		services. These organizations include, but are not limited to,
19		music and dramatic arts organizations such as symphony
20		orchestras and theatrical groups, arts and cultural service
21		organizations, local arts councils, visual arts organizations,
22		and media arts organizations. On and after the effective date
23		of this amendatory Act of the 92nd General Assembly, however,
24		an entity otherwise eligible for this exemption shall not make
25		tax-free purchases unless it has an active identification
26		number issued by the Department.

SB3733 Engrossed - 451 - LRB096 19592 AMC 34984 b
1		(4) Legal tender, currency, medallions, or gold or silver
2		coinage issued by the State of Illinois, the government of the
3		United States of America, or the government of any foreign
4		country, and bullion.
5		(5) Until July 1, 2003 and beginning again on September 1,
6		2004 through August 30, 2014, graphic arts machinery and
7		equipment, including repair and replacement parts, both new and
8		used, and including that manufactured on special order or
9		purchased for lease, certified by the purchaser to be used
10		primarily for graphic arts production. Equipment includes
11		chemicals or chemicals acting as catalysts but only if the
12		chemicals or chemicals acting as catalysts effect a direct and
13		immediate change upon a graphic arts product.
14		(6) Personal property sold by a teacher-sponsored student
15		organization affiliated with an elementary or secondary school
16		located in Illinois.
17		(7) Farm machinery and equipment, both new and used,
18		including that manufactured on special order, certified by the
19		purchaser to be used primarily for production agriculture or
20		State or federal agricultural programs, including individual
21		replacement parts for the machinery and equipment, including
22		machinery and equipment purchased for lease, and including
23		implements of husbandry defined in Section 1-130 of the
24		Illinois Vehicle Code, farm machinery and agricultural
25		chemical and fertilizer spreaders, and nurse wagons required to
26		be registered under Section 3-809 of the Illinois Vehicle Code,

SB3733 Engrossed - 452 - LRB096 19592 AMC 34984 b
1		but excluding other motor vehicles required to be registered
2		under the Illinois Vehicle Code. Horticultural polyhouses or
3		hoop houses used for propagating, growing, or overwintering
4		plants shall be considered farm machinery and equipment under
5		this item (7). Agricultural chemical tender tanks and dry boxes
6		shall include units sold separately from a motor vehicle
7		required to be licensed and units sold mounted on a motor
8		vehicle required to be licensed if the selling price of the
9		tender is separately stated.
10		Farm machinery and equipment shall include precision
11		farming equipment that is installed or purchased to be
12		installed on farm machinery and equipment including, but not
13		limited to, tractors, harvesters, sprayers, planters, seeders,
14		or spreaders. Precision farming equipment includes, but is not
15		limited to, soil testing sensors, computers, monitors,
16		software, global positioning and mapping systems, and other
17		such equipment.
18		Farm machinery and equipment also includes computers,
19		sensors, software, and related equipment used primarily in the
20		computer-assisted operation of production agriculture
21		facilities, equipment, and activities such as, but not limited
22		to, the collection, monitoring, and correlation of animal and
23		crop data for the purpose of formulating animal diets and
24		agricultural chemicals. This item (7) is exempt from the
25		provisions of Section 3-55.
26		(8) Fuel and petroleum products sold to or used by an air

SB3733 Engrossed - 453 - LRB096 19592 AMC 34984 b
1		common carrier, certified by the carrier to be used for
2		consumption, shipment, or storage in the conduct of its
3		business as an air common carrier, for a flight destined for or
4		returning from a location or locations outside the United
5		States without regard to previous or subsequent domestic
6		stopovers.
7		(9) Proceeds of mandatory service charges separately
8		stated on customers' bills for the purchase and consumption of
9		food and beverages, to the extent that the proceeds of the
10		service charge are in fact turned over as tips or as a
11		substitute for tips to the employees who participate directly
12		in preparing, serving, hosting or cleaning up the food or
13		beverage function with respect to which the service charge is
14		imposed.
15		(10) Until July 1, 2003, oil field exploration, drilling,
16		and production equipment, including (i) rigs and parts of rigs,
17		rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
18		tubular goods, including casing and drill strings, (iii) pumps
19		and pump-jack units, (iv) storage tanks and flow lines, (v) any
20		individual replacement part for oil field exploration,
21		drilling, and production equipment, and (vi) machinery and
22		equipment purchased for lease; but excluding motor vehicles
23		required to be registered under the Illinois Vehicle Code.
24		(11) Photoprocessing machinery and equipment, including
25		repair and replacement parts, both new and used, including that
26		manufactured on special order, certified by the purchaser to be

SB3733 Engrossed - 454 - LRB096 19592 AMC 34984 b
1		used primarily for photoprocessing, and including
2		photoprocessing machinery and equipment purchased for lease.
3		(12) Until July 1, 2003, coal exploration, mining,
4		offhighway hauling, processing, maintenance, and reclamation
5		equipment, including replacement parts and equipment, and
6		including equipment purchased for lease, but excluding motor
7		vehicles required to be registered under the Illinois Vehicle
8		Code.
9		(13) Beginning January 1, 1992 and through June 30, 2011,
10		food for human consumption that is to be consumed off the
11		premises where it is sold (other than alcoholic beverages, soft
12		drinks and food that has been prepared for immediate
13		consumption) and prescription and non-prescription medicines,
14		drugs, medical appliances, and insulin, urine testing
15		materials, syringes, and needles used by diabetics, for human
16		use, when purchased for use by a person receiving medical
17		assistance under Article 5 of the Illinois Public Aid Code who
18		resides in a licensed long-term care facility, as defined in
19		the Nursing Home Care Act.
20		(14) Semen used for artificial insemination of livestock
21		for direct agricultural production.
22		(15) Horses, or interests in horses, registered with and
23		meeting the requirements of any of the Arabian Horse Club
24		Registry of America, Appaloosa Horse Club, American Quarter
25		Horse Association, United States Trotting Association, or
26		Jockey Club, as appropriate, used for purposes of breeding or

SB3733 Engrossed - 455 - LRB096 19592 AMC 34984 b
1		racing for prizes. This item (15) is exempt from the provisions
2		of Section 3-55, and the exemption provided for under this item
3		(15) applies for all periods beginning May 30, 1995, but no
4		claim for credit or refund is allowed on or after January 1,
5		2008 (the effective date of Public Act 95-88) for such taxes
6		paid during the period beginning May 30, 2000 and ending on
7		January 1, 2008 (the effective date of Public Act 95-88).
8		(16) Computers and communications equipment utilized for
9		any hospital purpose and equipment used in the diagnosis,
10		analysis, or treatment of hospital patients sold to a lessor
11		who leases the equipment, under a lease of one year or longer
12		executed or in effect at the time of the purchase, to a
13		hospital that has been issued an active tax exemption
14		identification number by the Department under Section 1g of the
15		Retailers' Occupation Tax Act.
16		(17) Personal property sold to a lessor who leases the
17		property, under a lease of one year or longer executed or in
18		effect at the time of the purchase, to a governmental body that
19		has been issued an active tax exemption identification number
20		by the Department under Section 1g of the Retailers' Occupation
21		Tax Act.
22		(18) Beginning with taxable years ending on or after
23		December 31, 1995 and ending with taxable years ending on or
24		before December 31, 2004, personal property that is donated for
25		disaster relief to be used in a State or federally declared
26		disaster area in Illinois or bordering Illinois by a

SB3733 Engrossed - 456 - LRB096 19592 AMC 34984 b
1		manufacturer or retailer that is registered in this State to a
2		corporation, society, association, foundation, or institution
3		that has been issued a sales tax exemption identification
4		number by the Department that assists victims of the disaster
5		who reside within the declared disaster area.
6		(19) Beginning with taxable years ending on or after
7		December 31, 1995 and ending with taxable years ending on or
8		before December 31, 2004, personal property that is used in the
9		performance of infrastructure repairs in this State, including
10		but not limited to municipal roads and streets, access roads,
11		bridges, sidewalks, waste disposal systems, water and sewer
12		line extensions, water distribution and purification
13		facilities, storm water drainage and retention facilities, and
14		sewage treatment facilities, resulting from a State or
15		federally declared disaster in Illinois or bordering Illinois
16		when such repairs are initiated on facilities located in the
17		declared disaster area within 6 months after the disaster.
18		(20) Beginning July 1, 1999, game or game birds sold at a
19		"game breeding and hunting preserve area" or an "exotic game
20		hunting area" as those terms are used in the Wildlife Code or
21		at a hunting enclosure approved through rules adopted by the
22		Department of Natural Resources. This paragraph is exempt from
23		the provisions of Section 3-55.
24		(21) A motor vehicle, as that term is defined in Section
25		1-146 of the Illinois Vehicle Code, that is donated to a
26		corporation, limited liability company, society, association,

SB3733 Engrossed - 457 - LRB096 19592 AMC 34984 b
1		foundation, or institution that is determined by the Department
2		to be organized and operated exclusively for educational
3		purposes. For purposes of this exemption, "a corporation,
4		limited liability company, society, association, foundation,
5		or institution organized and operated exclusively for
6		educational purposes" means all tax-supported public schools,
7		private schools that offer systematic instruction in useful
8		branches of learning by methods common to public schools and
9		that compare favorably in their scope and intensity with the
10		course of study presented in tax-supported schools, and
11		vocational or technical schools or institutes organized and
12		operated exclusively to provide a course of study of not less
13		than 6 weeks duration and designed to prepare individuals to
14		follow a trade or to pursue a manual, technical, mechanical,
15		industrial, business, or commercial occupation.
16		(22) Beginning January 1, 2000, personal property,
17		including food, purchased through fundraising events for the
18		benefit of a public or private elementary or secondary school,
19		a group of those schools, or one or more school districts if
20		the events are sponsored by an entity recognized by the school
21		district that consists primarily of volunteers and includes
22		parents and teachers of the school children. This paragraph
23		does not apply to fundraising events (i) for the benefit of
24		private home instruction or (ii) for which the fundraising
25		entity purchases the personal property sold at the events from
26		another individual or entity that sold the property for the

SB3733 Engrossed - 458 - LRB096 19592 AMC 34984 b
1		purpose of resale by the fundraising entity and that profits
2		from the sale to the fundraising entity. This paragraph is
3		exempt from the provisions of Section 3-55.
4		(23) Beginning January 1, 2000 and through December 31,
5		2001, new or used automatic vending machines that prepare and
6		serve hot food and beverages, including coffee, soup, and other
7		items, and replacement parts for these machines. Beginning
8		January 1, 2002 and through June 30, 2003, machines and parts
9		for machines used in commercial, coin-operated amusement and
10		vending business if a use or occupation tax is paid on the
11		gross receipts derived from the use of the commercial,
12		coin-operated amusement and vending machines. This paragraph
13		is exempt from the provisions of Section 3-55.
14		(24) Beginning on the effective date of this amendatory Act
15		of the 92nd General Assembly, computers and communications
16		equipment utilized for any hospital purpose and equipment used
17		in the diagnosis, analysis, or treatment of hospital patients
18		sold to a lessor who leases the equipment, under a lease of one
19		year or longer executed or in effect at the time of the
20		purchase, to a hospital that has been issued an active tax
21		exemption identification number by the Department under
22		Section 1g of the Retailers' Occupation Tax Act. This paragraph
23		is exempt from the provisions of Section 3-55.
24		(25) Beginning on the effective date of this amendatory Act
25		of the 92nd General Assembly, personal property sold to a
26		lessor who leases the property, under a lease of one year or

SB3733 Engrossed - 459 - LRB096 19592 AMC 34984 b
1		longer executed or in effect at the time of the purchase, to a
2		governmental body that has been issued an active tax exemption
3		identification number by the Department under Section 1g of the
4		Retailers' Occupation Tax Act. This paragraph is exempt from
5		the provisions of Section 3-55.
6		(26) Beginning on January 1, 2002 and through June 30,
7		2011, tangible personal property purchased from an Illinois
8		retailer by a taxpayer engaged in centralized purchasing
9		activities in Illinois who will, upon receipt of the property
10		in Illinois, temporarily store the property in Illinois (i) for
11		the purpose of subsequently transporting it outside this State
12		for use or consumption thereafter solely outside this State or
13		(ii) for the purpose of being processed, fabricated, or
14		manufactured into, attached to, or incorporated into other
15		tangible personal property to be transported outside this State
16		and thereafter used or consumed solely outside this State. The
17		Director of Revenue shall, pursuant to rules adopted in
18		accordance with the Illinois Administrative Procedure Act,
19		issue a permit to any taxpayer in good standing with the
20		Department who is eligible for the exemption under this
21		paragraph (26). The permit issued under this paragraph (26)
22		shall authorize the holder, to the extent and in the manner
23		specified in the rules adopted under this Act, to purchase
24		tangible personal property from a retailer exempt from the
25		taxes imposed by this Act. Taxpayers shall maintain all
26		necessary books and records to substantiate the use and

SB3733 Engrossed - 460 - LRB096 19592 AMC 34984 b
1		consumption of all such tangible personal property outside of
2		the State of Illinois.
3		(27) Beginning January 1, 2008, tangible personal property
4		used in the construction or maintenance of a community water
5		supply, as defined under Section 3.145 of the Environmental
6		Protection Act, that is operated by a not-for-profit
7		corporation that holds a valid water supply permit issued under
8		Title IV of the Environmental Protection Act. This paragraph is
9		exempt from the provisions of Section 3-55.
10		(28) Tangible personal property sold to a
11		public-facilities corporation, as described in Section
12		11-65-10 of the Illinois Municipal Code, for purposes of
13		constructing or furnishing a municipal convention hall, but
14		only if the legal title to the municipal convention hall is
15		transferred to the municipality without any further
16		consideration by or on behalf of the municipality at the time
17		of the completion of the municipal convention hall or upon the
18		retirement or redemption of any bonds or other debt instruments
19		issued by the public-facilities corporation in connection with
20		the development of the municipal convention hall. This
21		exemption includes existing public-facilities corporations as
22		provided in Section 11-65-25 of the Illinois Municipal Code.
23		This paragraph is exempt from the provisions of Section 3-55.
24		(29) (28) Beginning January 1, 2010, materials, parts,
25		equipment, components, and furnishings incorporated into or
26		upon an aircraft as part of the modification, refurbishment,

SB3733 Engrossed - 461 - LRB096 19592 AMC 34984 b
1		completion, replacement, repair, or maintenance of the
2		aircraft. This exemption includes consumable supplies used in
3		the modification, refurbishment, completion, replacement,
4		repair, and maintenance of aircraft, but excludes any
5		materials, parts, equipment, components, and consumable
6		supplies used in the modification, replacement, repair, and
7		maintenance of aircraft engines or power plants, whether such
8		engines or power plants are installed or uninstalled upon any
9		such aircraft. "Consumable supplies" include, but are not
10		limited to, adhesive, tape, sandpaper, general purpose
11		lubricants, cleaning solution, latex gloves, and protective
12		films. This exemption applies only to those organizations that
13		(i) hold an Air Agency Certificate and are empowered to operate
14		an approved repair station by the Federal Aviation
15		Administration, (ii) have a Class IV Rating, and (iii) conduct
16		operations in accordance with Part 145 of the Federal Aviation
17		Regulations. The exemption does not include aircraft operated
18		by a commercial air carrier providing scheduled passenger air
19		service pursuant to authority issued under Part 121 or Part 129
20		of the Federal Aviation Regulations.
21		(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
22		eff. 8-21-08; 96-116, eff. 7-31-09; 96-532, eff. 8-14-09;
23		96-759, eff. 1-1-10; revised 9-25-09.)
24		(Text of Section after amendment by P.A. 96-339)
25		Sec. 3-5. Exemptions. The following tangible personal

SB3733 Engrossed - 462 - LRB096 19592 AMC 34984 b
1		property is exempt from the tax imposed by this Act:
2		(1) Personal property sold by a corporation, society,
3		association, foundation, institution, or organization, other
4		than a limited liability company, that is organized and
5		operated as a not-for-profit service enterprise for the benefit
6		of persons 65 years of age or older if the personal property
7		was not purchased by the enterprise for the purpose of resale
8		by the enterprise.
9		(2) Personal property purchased by a not-for-profit
10		Illinois county fair association for use in conducting,
11		operating, or promoting the county fair.
12		(3) Personal property purchased by any not-for-profit arts
13		or cultural organization that establishes, by proof required by
14		the Department by rule, that it has received an exemption under
15		Section 501(c)(3) of the Internal Revenue Code and that is
16		organized and operated primarily for the presentation or
17		support of arts or cultural programming, activities, or
18		services. These organizations include, but are not limited to,
19		music and dramatic arts organizations such as symphony
20		orchestras and theatrical groups, arts and cultural service
21		organizations, local arts councils, visual arts organizations,
22		and media arts organizations. On and after the effective date
23		of this amendatory Act of the 92nd General Assembly, however,
24		an entity otherwise eligible for this exemption shall not make
25		tax-free purchases unless it has an active identification
26		number issued by the Department.

SB3733 Engrossed - 463 - LRB096 19592 AMC 34984 b
1		(4) Legal tender, currency, medallions, or gold or silver
2		coinage issued by the State of Illinois, the government of the
3		United States of America, or the government of any foreign
4		country, and bullion.
5		(5) Until July 1, 2003 and beginning again on September 1,
6		2004 through August 30, 2014, graphic arts machinery and
7		equipment, including repair and replacement parts, both new and
8		used, and including that manufactured on special order or
9		purchased for lease, certified by the purchaser to be used
10		primarily for graphic arts production. Equipment includes
11		chemicals or chemicals acting as catalysts but only if the
12		chemicals or chemicals acting as catalysts effect a direct and
13		immediate change upon a graphic arts product.
14		(6) Personal property sold by a teacher-sponsored student
15		organization affiliated with an elementary or secondary school
16		located in Illinois.
17		(7) Farm machinery and equipment, both new and used,
18		including that manufactured on special order, certified by the
19		purchaser to be used primarily for production agriculture or
20		State or federal agricultural programs, including individual
21		replacement parts for the machinery and equipment, including
22		machinery and equipment purchased for lease, and including
23		implements of husbandry defined in Section 1-130 of the
24		Illinois Vehicle Code, farm machinery and agricultural
25		chemical and fertilizer spreaders, and nurse wagons required to
26		be registered under Section 3-809 of the Illinois Vehicle Code,

SB3733 Engrossed - 464 - LRB096 19592 AMC 34984 b
1		but excluding other motor vehicles required to be registered
2		under the Illinois Vehicle Code. Horticultural polyhouses or
3		hoop houses used for propagating, growing, or overwintering
4		plants shall be considered farm machinery and equipment under
5		this item (7). Agricultural chemical tender tanks and dry boxes
6		shall include units sold separately from a motor vehicle
7		required to be licensed and units sold mounted on a motor
8		vehicle required to be licensed if the selling price of the
9		tender is separately stated.
10		Farm machinery and equipment shall include precision
11		farming equipment that is installed or purchased to be
12		installed on farm machinery and equipment including, but not
13		limited to, tractors, harvesters, sprayers, planters, seeders,
14		or spreaders. Precision farming equipment includes, but is not
15		limited to, soil testing sensors, computers, monitors,
16		software, global positioning and mapping systems, and other
17		such equipment.
18		Farm machinery and equipment also includes computers,
19		sensors, software, and related equipment used primarily in the
20		computer-assisted operation of production agriculture
21		facilities, equipment, and activities such as, but not limited
22		to, the collection, monitoring, and correlation of animal and
23		crop data for the purpose of formulating animal diets and
24		agricultural chemicals. This item (7) is exempt from the
25		provisions of Section 3-55.
26		(8) Fuel and petroleum products sold to or used by an air

SB3733 Engrossed - 465 - LRB096 19592 AMC 34984 b
1		common carrier, certified by the carrier to be used for
2		consumption, shipment, or storage in the conduct of its
3		business as an air common carrier, for a flight destined for or
4		returning from a location or locations outside the United
5		States without regard to previous or subsequent domestic
6		stopovers.
7		(9) Proceeds of mandatory service charges separately
8		stated on customers' bills for the purchase and consumption of
9		food and beverages, to the extent that the proceeds of the
10		service charge are in fact turned over as tips or as a
11		substitute for tips to the employees who participate directly
12		in preparing, serving, hosting or cleaning up the food or
13		beverage function with respect to which the service charge is
14		imposed.
15		(10) Until July 1, 2003, oil field exploration, drilling,
16		and production equipment, including (i) rigs and parts of rigs,
17		rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
18		tubular goods, including casing and drill strings, (iii) pumps
19		and pump-jack units, (iv) storage tanks and flow lines, (v) any
20		individual replacement part for oil field exploration,
21		drilling, and production equipment, and (vi) machinery and
22		equipment purchased for lease; but excluding motor vehicles
23		required to be registered under the Illinois Vehicle Code.
24		(11) Photoprocessing machinery and equipment, including
25		repair and replacement parts, both new and used, including that
26		manufactured on special order, certified by the purchaser to be

SB3733 Engrossed - 466 - LRB096 19592 AMC 34984 b
1		used primarily for photoprocessing, and including
2		photoprocessing machinery and equipment purchased for lease.
3		(12) Until July 1, 2003, coal exploration, mining,
4		offhighway hauling, processing, maintenance, and reclamation
5		equipment, including replacement parts and equipment, and
6		including equipment purchased for lease, but excluding motor
7		vehicles required to be registered under the Illinois Vehicle
8		Code.
9		(13) Beginning January 1, 1992 and through June 30, 2011,
10		food for human consumption that is to be consumed off the
11		premises where it is sold (other than alcoholic beverages, soft
12		drinks and food that has been prepared for immediate
13		consumption) and prescription and non-prescription medicines,
14		drugs, medical appliances, and insulin, urine testing
15		materials, syringes, and needles used by diabetics, for human
16		use, when purchased for use by a person receiving medical
17		assistance under Article V of the Illinois Public Aid Code who
18		resides in a licensed long-term care facility, as defined in
19		the Nursing Home Care Act, or in a licensed facility as defined
20		in the MR/DD Community Care Act.
21		(14) Semen used for artificial insemination of livestock
22		for direct agricultural production.
23		(15) Horses, or interests in horses, registered with and
24		meeting the requirements of any of the Arabian Horse Club
25		Registry of America, Appaloosa Horse Club, American Quarter
26		Horse Association, United States Trotting Association, or

SB3733 Engrossed - 467 - LRB096 19592 AMC 34984 b
1		Jockey Club, as appropriate, used for purposes of breeding or
2		racing for prizes. This item (15) is exempt from the provisions
3		of Section 3-55, and the exemption provided for under this item
4		(15) applies for all periods beginning May 30, 1995, but no
5		claim for credit or refund is allowed on or after January 1,
6		2008 (the effective date of Public Act 95-88) for such taxes
7		paid during the period beginning May 30, 2000 and ending on
8		January 1, 2008 (the effective date of Public Act 95-88).
9		(16) Computers and communications equipment utilized for
10		any hospital purpose and equipment used in the diagnosis,
11		analysis, or treatment of hospital patients sold to a lessor
12		who leases the equipment, under a lease of one year or longer
13		executed or in effect at the time of the purchase, to a
14		hospital that has been issued an active tax exemption
15		identification number by the Department under Section 1g of the
16		Retailers' Occupation Tax Act.
17		(17) Personal property sold to a lessor who leases the
18		property, under a lease of one year or longer executed or in
19		effect at the time of the purchase, to a governmental body that
20		has been issued an active tax exemption identification number
21		by the Department under Section 1g of the Retailers' Occupation
22		Tax Act.
23		(18) Beginning with taxable years ending on or after
24		December 31, 1995 and ending with taxable years ending on or
25		before December 31, 2004, personal property that is donated for
26		disaster relief to be used in a State or federally declared

SB3733 Engrossed - 468 - LRB096 19592 AMC 34984 b
1		disaster area in Illinois or bordering Illinois by a
2		manufacturer or retailer that is registered in this State to a
3		corporation, society, association, foundation, or institution
4		that has been issued a sales tax exemption identification
5		number by the Department that assists victims of the disaster
6		who reside within the declared disaster area.
7		(19) Beginning with taxable years ending on or after
8		December 31, 1995 and ending with taxable years ending on or
9		before December 31, 2004, personal property that is used in the
10		performance of infrastructure repairs in this State, including
11		but not limited to municipal roads and streets, access roads,
12		bridges, sidewalks, waste disposal systems, water and sewer
13		line extensions, water distribution and purification
14		facilities, storm water drainage and retention facilities, and
15		sewage treatment facilities, resulting from a State or
16		federally declared disaster in Illinois or bordering Illinois
17		when such repairs are initiated on facilities located in the
18		declared disaster area within 6 months after the disaster.
19		(20) Beginning July 1, 1999, game or game birds sold at a
20		"game breeding and hunting preserve area" or an "exotic game
21		hunting area" as those terms are used in the Wildlife Code or
22		at a hunting enclosure approved through rules adopted by the
23		Department of Natural Resources. This paragraph is exempt from
24		the provisions of Section 3-55.
25		(21) A motor vehicle, as that term is defined in Section
26		1-146 of the Illinois Vehicle Code, that is donated to a

SB3733 Engrossed - 469 - LRB096 19592 AMC 34984 b
1		corporation, limited liability company, society, association,
2		foundation, or institution that is determined by the Department
3		to be organized and operated exclusively for educational
4		purposes. For purposes of this exemption, "a corporation,
5		limited liability company, society, association, foundation,
6		or institution organized and operated exclusively for
7		educational purposes" means all tax-supported public schools,
8		private schools that offer systematic instruction in useful
9		branches of learning by methods common to public schools and
10		that compare favorably in their scope and intensity with the
11		course of study presented in tax-supported schools, and
12		vocational or technical schools or institutes organized and
13		operated exclusively to provide a course of study of not less
14		than 6 weeks duration and designed to prepare individuals to
15		follow a trade or to pursue a manual, technical, mechanical,
16		industrial, business, or commercial occupation.
17		(22) Beginning January 1, 2000, personal property,
18		including food, purchased through fundraising events for the
19		benefit of a public or private elementary or secondary school,
20		a group of those schools, or one or more school districts if
21		the events are sponsored by an entity recognized by the school
22		district that consists primarily of volunteers and includes
23		parents and teachers of the school children. This paragraph
24		does not apply to fundraising events (i) for the benefit of
25		private home instruction or (ii) for which the fundraising
26		entity purchases the personal property sold at the events from

SB3733 Engrossed - 470 - LRB096 19592 AMC 34984 b
1		another individual or entity that sold the property for the
2		purpose of resale by the fundraising entity and that profits
3		from the sale to the fundraising entity. This paragraph is
4		exempt from the provisions of Section 3-55.
5		(23) Beginning January 1, 2000 and through December 31,
6		2001, new or used automatic vending machines that prepare and
7		serve hot food and beverages, including coffee, soup, and other
8		items, and replacement parts for these machines. Beginning
9		January 1, 2002 and through June 30, 2003, machines and parts
10		for machines used in commercial, coin-operated amusement and
11		vending business if a use or occupation tax is paid on the
12		gross receipts derived from the use of the commercial,
13		coin-operated amusement and vending machines. This paragraph
14		is exempt from the provisions of Section 3-55.
15		(24) Beginning on the effective date of this amendatory Act
16		of the 92nd General Assembly, computers and communications
17		equipment utilized for any hospital purpose and equipment used
18		in the diagnosis, analysis, or treatment of hospital patients
19		sold to a lessor who leases the equipment, under a lease of one
20		year or longer executed or in effect at the time of the
21		purchase, to a hospital that has been issued an active tax
22		exemption identification number by the Department under
23		Section 1g of the Retailers' Occupation Tax Act. This paragraph
24		is exempt from the provisions of Section 3-55.
25		(25) Beginning on the effective date of this amendatory Act
26		of the 92nd General Assembly, personal property sold to a

SB3733 Engrossed - 471 - LRB096 19592 AMC 34984 b
1		lessor who leases the property, under a lease of one year or
2		longer executed or in effect at the time of the purchase, to a
3		governmental body that has been issued an active tax exemption
4		identification number by the Department under Section 1g of the
5		Retailers' Occupation Tax Act. This paragraph is exempt from
6		the provisions of Section 3-55.
7		(26) Beginning on January 1, 2002 and through June 30,
8		2011, tangible personal property purchased from an Illinois
9		retailer by a taxpayer engaged in centralized purchasing
10		activities in Illinois who will, upon receipt of the property
11		in Illinois, temporarily store the property in Illinois (i) for
12		the purpose of subsequently transporting it outside this State
13		for use or consumption thereafter solely outside this State or
14		(ii) for the purpose of being processed, fabricated, or
15		manufactured into, attached to, or incorporated into other
16		tangible personal property to be transported outside this State
17		and thereafter used or consumed solely outside this State. The
18		Director of Revenue shall, pursuant to rules adopted in
19		accordance with the Illinois Administrative Procedure Act,
20		issue a permit to any taxpayer in good standing with the
21		Department who is eligible for the exemption under this
22		paragraph (26). The permit issued under this paragraph (26)
23		shall authorize the holder, to the extent and in the manner
24		specified in the rules adopted under this Act, to purchase
25		tangible personal property from a retailer exempt from the
26		taxes imposed by this Act. Taxpayers shall maintain all

SB3733 Engrossed - 472 - LRB096 19592 AMC 34984 b
1		necessary books and records to substantiate the use and
2		consumption of all such tangible personal property outside of
3		the State of Illinois.
4		(27) Beginning January 1, 2008, tangible personal property
5		used in the construction or maintenance of a community water
6		supply, as defined under Section 3.145 of the Environmental
7		Protection Act, that is operated by a not-for-profit
8		corporation that holds a valid water supply permit issued under
9		Title IV of the Environmental Protection Act. This paragraph is
10		exempt from the provisions of Section 3-55.
11		(28) Tangible personal property sold to a
12		public-facilities corporation, as described in Section
13		11-65-10 of the Illinois Municipal Code, for purposes of
14		constructing or furnishing a municipal convention hall, but
15		only if the legal title to the municipal convention hall is
16		transferred to the municipality without any further
17		consideration by or on behalf of the municipality at the time
18		of the completion of the municipal convention hall or upon the
19		retirement or redemption of any bonds or other debt instruments
20		issued by the public-facilities corporation in connection with
21		the development of the municipal convention hall. This
22		exemption includes existing public-facilities corporations as
23		provided in Section 11-65-25 of the Illinois Municipal Code.
24		This paragraph is exempt from the provisions of Section 3-55.
25		(29) (28) Beginning January 1, 2010, materials, parts,
26		equipment, components, and furnishings incorporated into or

SB3733 Engrossed - 473 - LRB096 19592 AMC 34984 b
1		upon an aircraft as part of the modification, refurbishment,
2		completion, replacement, repair, or maintenance of the
3		aircraft. This exemption includes consumable supplies used in
4		the modification, refurbishment, completion, replacement,
5		repair, and maintenance of aircraft, but excludes any
6		materials, parts, equipment, components, and consumable
7		supplies used in the modification, replacement, repair, and
8		maintenance of aircraft engines or power plants, whether such
9		engines or power plants are installed or uninstalled upon any
10		such aircraft. "Consumable supplies" include, but are not
11		limited to, adhesive, tape, sandpaper, general purpose
12		lubricants, cleaning solution, latex gloves, and protective
13		films. This exemption applies only to those organizations that
14		(i) hold an Air Agency Certificate and are empowered to operate
15		an approved repair station by the Federal Aviation
16		Administration, (ii) have a Class IV Rating, and (iii) conduct
17		operations in accordance with Part 145 of the Federal Aviation
18		Regulations. The exemption does not include aircraft operated
19		by a commercial air carrier providing scheduled passenger air
20		service pursuant to authority issued under Part 121 or Part 129
21		of the Federal Aviation Regulations.
22		(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,
23		eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
24		96-532, eff. 8-14-09; 96-759, eff. 1-1-10; revised 9-25-09.)
25		(35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)

SB3733 Engrossed - 474 - LRB096 19592 AMC 34984 b
1		(Text of Section before amendment by P.A. 96-339)
2		Sec. 3-10. Rate of tax. Unless otherwise provided in this
3		Section, the tax imposed by this Act is at the rate of 6.25% of
4		the "selling price", as defined in Section 2 of the Service Use
5		Tax Act, of the tangible personal property. For the purpose of
6		computing this tax, in no event shall the "selling price" be
7		less than the cost price to the serviceman of the tangible
8		personal property transferred. The selling price of each item
9		of tangible personal property transferred as an incident of a
10		sale of service may be shown as a distinct and separate item on
11		the serviceman's billing to the service customer. If the
12		selling price is not so shown, the selling price of the
13		tangible personal property is deemed to be 50% of the
14		serviceman's entire billing to the service customer. When,
15		however, a serviceman contracts to design, develop, and produce
16		special order machinery or equipment, the tax imposed by this
17		Act shall be based on the serviceman's cost price of the
18		tangible personal property transferred incident to the
19		completion of the contract.
20		Beginning on July 1, 2000 and through December 31, 2000,
21		with respect to motor fuel, as defined in Section 1.1 of the
22		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
23		the Use Tax Act, the tax is imposed at the rate of 1.25%.
24		With respect to gasohol, as defined in the Use Tax Act, the
25		tax imposed by this Act shall apply to (i) 70% of the cost
26		price of property transferred as an incident to the sale of

SB3733 Engrossed - 475 - LRB096 19592 AMC 34984 b
1		service on or after January 1, 1990, and before July 1, 2003,
2		(ii) 80% of the selling price of property transferred as an
3		incident to the sale of service on or after July 1, 2003 and on
4		or before December 31, 2013, and (iii) 100% of the cost price
5		thereafter. If, at any time, however, the tax under this Act on
6		sales of gasohol, as defined in the Use Tax Act, is imposed at
7		the rate of 1.25%, then the tax imposed by this Act applies to
8		100% of the proceeds of sales of gasohol made during that time.
9		With respect to majority blended ethanol fuel, as defined
10		in the Use Tax Act, the tax imposed by this Act does not apply
11		to the selling price of property transferred as an incident to
12		the sale of service on or after July 1, 2003 and on or before
13		December 31, 2013 but applies to 100% of the selling price
14		thereafter.
15		With respect to biodiesel blends, as defined in the Use Tax
16		Act, with no less than 1% and no more than 10% biodiesel, the
17		tax imposed by this Act applies to (i) 80% of the selling price
18		of property transferred as an incident to the sale of service
19		on or after July 1, 2003 and on or before December 31, 2013 and
20		(ii) 100% of the proceeds of the selling price thereafter. If,
21		at any time, however, the tax under this Act on sales of
22		biodiesel blends, as defined in the Use Tax Act, with no less
23		than 1% and no more than 10% biodiesel is imposed at the rate
24		of 1.25%, then the tax imposed by this Act applies to 100% of
25		the proceeds of sales of biodiesel blends with no less than 1%
26		and no more than 10% biodiesel made during that time.

SB3733 Engrossed - 476 - LRB096 19592 AMC 34984 b
1		With respect to 100% biodiesel, as defined in the Use Tax
2		Act, and biodiesel blends, as defined in the Use Tax Act, with
3		more than 10% but no more than 99% biodiesel material, the tax
4		imposed by this Act does not apply to the proceeds of the
5		selling price of property transferred as an incident to the
6		sale of service on or after July 1, 2003 and on or before
7		December 31, 2013 but applies to 100% of the selling price
8		thereafter.
9		At the election of any registered serviceman made for each
10		fiscal year, sales of service in which the aggregate annual
11		cost price of tangible personal property transferred as an
12		incident to the sales of service is less than 35%, or 75% in
13		the case of servicemen transferring prescription drugs or
14		servicemen engaged in graphic arts production, of the aggregate
15		annual total gross receipts from all sales of service, the tax
16		imposed by this Act shall be based on the serviceman's cost
17		price of the tangible personal property transferred incident to
18		the sale of those services.
19		The tax shall be imposed at the rate of 1% on food prepared
20		for immediate consumption and transferred incident to a sale of
21		service subject to this Act or the Service Occupation Tax Act
22		by an entity licensed under the Hospital Licensing Act, the
23		Nursing Home Care Act, or the Child Care Act of 1969. The tax
24		shall also be imposed at the rate of 1% on food for human
25		consumption that is to be consumed off the premises where it is
26		sold (other than alcoholic beverages, soft drinks, and food

SB3733 Engrossed - 477 - LRB096 19592 AMC 34984 b
1		that has been prepared for immediate consumption and is not
2		otherwise included in this paragraph) and prescription and
3		nonprescription medicines, drugs, medical appliances,
4		modifications to a motor vehicle for the purpose of rendering
5		it usable by a disabled person, and insulin, urine testing
6		materials, syringes, and needles used by diabetics, for human
7		use. For the purposes of this Section, until September 1, 2009:
8		the term "soft drinks" means any complete, finished,
9		ready-to-use, non-alcoholic drink, whether carbonated or not,
10		including but not limited to soda water, cola, fruit juice,
11		vegetable juice, carbonated water, and all other preparations
12		commonly known as soft drinks of whatever kind or description
13		that are contained in any closed or sealed can, carton, or
14		container, regardless of size; but "soft drinks" does not
15		include coffee, tea, non-carbonated water, infant formula,
16		milk or milk products as defined in the Grade A Pasteurized
17		Milk and Milk Products Act, or drinks containing 50% or more
18		natural fruit or vegetable juice.
19		Notwithstanding any other provisions of this Act,
20		beginning September 1, 2009, "soft drinks" means non-alcoholic
21		beverages that contain natural or artificial sweeteners. "Soft
22		drinks" do not include beverages that contain milk or milk
23		products, soy, rice or similar milk substitutes, or greater
24		than 50% of vegetable or fruit juice by volume.
25		Until August 1, 2009, and notwithstanding any other
26		provisions of this Act, "food for human consumption that is to

SB3733 Engrossed - 478 - LRB096 19592 AMC 34984 b
1		be consumed off the premises where it is sold" includes all
2		food sold through a vending machine, except soft drinks, and
3		food products that are dispensed hot from a vending machine,
4		regardless of the location of the vending machine. Beginning
5		August 1, 2009, and notwithstanding any other provisions of
6		this Act, "food for human consumption that is to be consumed
7		off the premises where it is sold" includes all food sold
8		through a vending machine, except soft drinks, candy, and food
9		products that are dispensed hot from a vending machine,
10		regardless of the location of the vending machine.
11		Notwithstanding any other provisions of this Act,
12		beginning September 1, 2009, "food for human consumption that
13		is to be consumed off the premises where it is sold" does not
14		include candy. For purposes of this Section, "candy" means a
15		preparation of sugar, honey, or other natural or artificial
16		sweeteners in combination with chocolate, fruits, nuts or other
17		ingredients or flavorings in the form of bars, drops, or
18		pieces. "Candy" does not include any preparation that contains
19		flour or requires refrigeration.
20		Notwithstanding any other provisions of this Act,
21		beginning September 1, 2009, "nonprescription medicines and
22		drugs" does not include grooming and hygiene products. For
23		purposes of this Section, "grooming and hygiene products"
24		includes, but is not limited to, soaps and cleaning solutions,
25		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
26		lotions and screens, unless those products are available by

SB3733 Engrossed - 479 - LRB096 19592 AMC 34984 b
1		prescription only, regardless of whether the products meet the
2		definition of "over-the-counter-drugs". For the purposes of
3		this paragraph, "over-the-counter-drug" means a drug for human
4		use that contains a label that identifies the product as a drug
5		as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
6		label includes:
7		(A) A "Drug Facts" panel; or
8		(B) A statement of the "active ingredient(s)" with a
9		list of those ingredients contained in the compound,
10		substance or preparation.
11		(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
12		eff. 7-13-09; revised 9-25-09.)
13		(Text of Section after amendment by P.A. 96-339)
14		Sec. 3-10. Rate of tax. Unless otherwise provided in this
15		Section, the tax imposed by this Act is at the rate of 6.25% of
16		the "selling price", as defined in Section 2 of the Service Use
17		Tax Act, of the tangible personal property. For the purpose of
18		computing this tax, in no event shall the "selling price" be
19		less than the cost price to the serviceman of the tangible
20		personal property transferred. The selling price of each item
21		of tangible personal property transferred as an incident of a
22		sale of service may be shown as a distinct and separate item on
23		the serviceman's billing to the service customer. If the
24		selling price is not so shown, the selling price of the
25		tangible personal property is deemed to be 50% of the

SB3733 Engrossed - 480 - LRB096 19592 AMC 34984 b
1		serviceman's entire billing to the service customer. When,
2		however, a serviceman contracts to design, develop, and produce
3		special order machinery or equipment, the tax imposed by this
4		Act shall be based on the serviceman's cost price of the
5		tangible personal property transferred incident to the
6		completion of the contract.
7		Beginning on July 1, 2000 and through December 31, 2000,
8		with respect to motor fuel, as defined in Section 1.1 of the
9		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
10		the Use Tax Act, the tax is imposed at the rate of 1.25%.
11		With respect to gasohol, as defined in the Use Tax Act, the
12		tax imposed by this Act shall apply to (i) 70% of the cost
13		price of property transferred as an incident to the sale of
14		service on or after January 1, 1990, and before July 1, 2003,
15		(ii) 80% of the selling price of property transferred as an
16		incident to the sale of service on or after July 1, 2003 and on
17		or before December 31, 2013, and (iii) 100% of the cost price
18		thereafter. If, at any time, however, the tax under this Act on
19		sales of gasohol, as defined in the Use Tax Act, is imposed at
20		the rate of 1.25%, then the tax imposed by this Act applies to
21		100% of the proceeds of sales of gasohol made during that time.
22		With respect to majority blended ethanol fuel, as defined
23		in the Use Tax Act, the tax imposed by this Act does not apply
24		to the selling price of property transferred as an incident to
25		the sale of service on or after July 1, 2003 and on or before
26		December 31, 2013 but applies to 100% of the selling price

SB3733 Engrossed - 481 - LRB096 19592 AMC 34984 b
1		thereafter.
2		With respect to biodiesel blends, as defined in the Use Tax
3		Act, with no less than 1% and no more than 10% biodiesel, the
4		tax imposed by this Act applies to (i) 80% of the selling price
5		of property transferred as an incident to the sale of service
6		on or after July 1, 2003 and on or before December 31, 2013 and
7		(ii) 100% of the proceeds of the selling price thereafter. If,
8		at any time, however, the tax under this Act on sales of
9		biodiesel blends, as defined in the Use Tax Act, with no less
10		than 1% and no more than 10% biodiesel is imposed at the rate
11		of 1.25%, then the tax imposed by this Act applies to 100% of
12		the proceeds of sales of biodiesel blends with no less than 1%
13		and no more than 10% biodiesel made during that time.
14		With respect to 100% biodiesel, as defined in the Use Tax
15		Act, and biodiesel blends, as defined in the Use Tax Act, with
16		more than 10% but no more than 99% biodiesel material, the tax
17		imposed by this Act does not apply to the proceeds of the
18		selling price of property transferred as an incident to the
19		sale of service on or after July 1, 2003 and on or before
20		December 31, 2013 but applies to 100% of the selling price
21		thereafter.
22		At the election of any registered serviceman made for each
23		fiscal year, sales of service in which the aggregate annual
24		cost price of tangible personal property transferred as an
25		incident to the sales of service is less than 35%, or 75% in
26		the case of servicemen transferring prescription drugs or

SB3733 Engrossed - 482 - LRB096 19592 AMC 34984 b
1		servicemen engaged in graphic arts production, of the aggregate
2		annual total gross receipts from all sales of service, the tax
3		imposed by this Act shall be based on the serviceman's cost
4		price of the tangible personal property transferred incident to
5		the sale of those services.
6		The tax shall be imposed at the rate of 1% on food prepared
7		for immediate consumption and transferred incident to a sale of
8		service subject to this Act or the Service Occupation Tax Act
9		by an entity licensed under the Hospital Licensing Act, the
10		Nursing Home Care Act, the MR/DD Community Care Act, or the
11		Child Care Act of 1969. The tax shall also be imposed at the
12		rate of 1% on food for human consumption that is to be consumed
13		off the premises where it is sold (other than alcoholic
14		beverages, soft drinks, and food that has been prepared for
15		immediate consumption and is not otherwise included in this
16		paragraph) and prescription and nonprescription medicines,
17		drugs, medical appliances, modifications to a motor vehicle for
18		the purpose of rendering it usable by a disabled person, and
19		insulin, urine testing materials, syringes, and needles used by
20		diabetics, for human use. For the purposes of this Section,
21		until September 1, 2009: the term "soft drinks" means any
22		complete, finished, ready-to-use, non-alcoholic drink, whether
23		carbonated or not, including but not limited to soda water,
24		cola, fruit juice, vegetable juice, carbonated water, and all
25		other preparations commonly known as soft drinks of whatever
26		kind or description that are contained in any closed or sealed

SB3733 Engrossed - 483 - LRB096 19592 AMC 34984 b
1		can, carton, or container, regardless of size; but "soft
2		drinks" does not include coffee, tea, non-carbonated water,
3		infant formula, milk or milk products as defined in the Grade A
4		Pasteurized Milk and Milk Products Act, or drinks containing
5		50% or more natural fruit or vegetable juice.
6		Notwithstanding any other provisions of this Act,
7		beginning September 1, 2009, "soft drinks" means non-alcoholic
8		beverages that contain natural or artificial sweeteners. "Soft
9		drinks" do not include beverages that contain milk or milk
10		products, soy, rice or similar milk substitutes, or greater
11		than 50% of vegetable or fruit juice by volume.
12		Until August 1, 2009, and notwithstanding any other
13		provisions of this Act, "food for human consumption that is to
14		be consumed off the premises where it is sold" includes all
15		food sold through a vending machine, except soft drinks, and
16		food products that are dispensed hot from a vending machine,
17		regardless of the location of the vending machine. Beginning
18		August 1, 2009, and notwithstanding any other provisions of
19		this Act, "food for human consumption that is to be consumed
20		off the premises where it is sold" includes all food sold
21		through a vending machine, except soft drinks, candy, and food
22		products that are dispensed hot from a vending machine,
23		regardless of the location of the vending machine.
24		Notwithstanding any other provisions of this Act,
25		beginning September 1, 2009, "food for human consumption that
26		is to be consumed off the premises where it is sold" does not

SB3733 Engrossed - 484 - LRB096 19592 AMC 34984 b
1		include candy. For purposes of this Section, "candy" means a
2		preparation of sugar, honey, or other natural or artificial
3		sweeteners in combination with chocolate, fruits, nuts or other
4		ingredients or flavorings in the form of bars, drops, or
5		pieces. "Candy" does not include any preparation that contains
6		flour or requires refrigeration.
7		Notwithstanding any other provisions of this Act,
8		beginning September 1, 2009, "nonprescription medicines and
9		drugs" does not include grooming and hygiene products. For
10		purposes of this Section, "grooming and hygiene products"
11		includes, but is not limited to, soaps and cleaning solutions,
12		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
13		lotions and screens, unless those products are available by
14		prescription only, regardless of whether the products meet the
15		definition of "over-the-counter-drugs". For the purposes of
16		this paragraph, "over-the-counter-drug" means a drug for human
17		use that contains a label that identifies the product as a drug
18		as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
19		label includes:
20		(A) A "Drug Facts" panel; or
21		(B) A statement of the "active ingredient(s)" with a
22		list of those ingredients contained in the compound,
23		substance or preparation.
24		(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
25		eff. 7-13-09; 96-339, eff. 7-1-10; revised 9-25-09.)

SB3733 Engrossed - 485 - LRB096 19592 AMC 34984 b
1		Section 210. The Retailers' Occupation Tax Act is amended
2		by changing Sections 2-5 and 2-10 as follows:
3		(35 ILCS 120/2-5)
4		(Text of Section before amendment by P.A. 96-339)
5		Sec. 2-5. Exemptions. Gross receipts from proceeds from the
6		sale of the following tangible personal property are exempt
7		from the tax imposed by this Act:
8		(1) Farm chemicals.
9		(2) Farm machinery and equipment, both new and used,
10		including that manufactured on special order, certified by the
11		purchaser to be used primarily for production agriculture or
12		State or federal agricultural programs, including individual
13		replacement parts for the machinery and equipment, including
14		machinery and equipment purchased for lease, and including
15		implements of husbandry defined in Section 1-130 of the
16		Illinois Vehicle Code, farm machinery and agricultural
17		chemical and fertilizer spreaders, and nurse wagons required to
18		be registered under Section 3-809 of the Illinois Vehicle Code,
19		but excluding other motor vehicles required to be registered
20		under the Illinois Vehicle Code. Horticultural polyhouses or
21		hoop houses used for propagating, growing, or overwintering
22		plants shall be considered farm machinery and equipment under
23		this item (2). Agricultural chemical tender tanks and dry boxes
24		shall include units sold separately from a motor vehicle
25		required to be licensed and units sold mounted on a motor

SB3733 Engrossed - 486 - LRB096 19592 AMC 34984 b
1		vehicle required to be licensed, if the selling price of the
2		tender is separately stated.
3		Farm machinery and equipment shall include precision
4		farming equipment that is installed or purchased to be
5		installed on farm machinery and equipment including, but not
6		limited to, tractors, harvesters, sprayers, planters, seeders,
7		or spreaders. Precision farming equipment includes, but is not
8		limited to, soil testing sensors, computers, monitors,
9		software, global positioning and mapping systems, and other
10		such equipment.
11		Farm machinery and equipment also includes computers,
12		sensors, software, and related equipment used primarily in the
13		computer-assisted operation of production agriculture
14		facilities, equipment, and activities such as, but not limited
15		to, the collection, monitoring, and correlation of animal and
16		crop data for the purpose of formulating animal diets and
17		agricultural chemicals. This item (7) is exempt from the
18		provisions of Section 2-70.
19		(3) Until July 1, 2003, distillation machinery and
20		equipment, sold as a unit or kit, assembled or installed by the
21		retailer, certified by the user to be used only for the
22		production of ethyl alcohol that will be used for consumption
23		as motor fuel or as a component of motor fuel for the personal
24		use of the user, and not subject to sale or resale.
25		(4) Until July 1, 2003 and beginning again September 1,
26		2004 through August 30, 2014, graphic arts machinery and

SB3733 Engrossed - 487 - LRB096 19592 AMC 34984 b
1		equipment, including repair and replacement parts, both new and
2		used, and including that manufactured on special order or
3		purchased for lease, certified by the purchaser to be used
4		primarily for graphic arts production. Equipment includes
5		chemicals or chemicals acting as catalysts but only if the
6		chemicals or chemicals acting as catalysts effect a direct and
7		immediate change upon a graphic arts product.
8		(5) A motor vehicle of the first division, a motor vehicle
9		of the second division that is a self contained motor vehicle
10		designed or permanently converted to provide living quarters
11		for recreational, camping, or travel use, with direct walk
12		through access to the living quarters from the driver's seat,
13		or a motor vehicle of the second division that is of the van
14		configuration designed for the transportation of not less than
15		7 nor more than 16 passengers, as defined in Section 1-146 of
16		the Illinois Vehicle Code, that is used for automobile renting,
17		as defined in the Automobile Renting Occupation and Use Tax
18		Act. This paragraph is exempt from the provisions of Section
19		2-70.
20		(6) Personal property sold by a teacher-sponsored student
21		organization affiliated with an elementary or secondary school
22		located in Illinois.
23		(7) Until July 1, 2003, proceeds of that portion of the
24		selling price of a passenger car the sale of which is subject
25		to the Replacement Vehicle Tax.
26		(8) Personal property sold to an Illinois county fair

SB3733 Engrossed - 488 - LRB096 19592 AMC 34984 b
1		association for use in conducting, operating, or promoting the
2		county fair.
3		(9) Personal property sold to a not-for-profit arts or
4		cultural organization that establishes, by proof required by
5		the Department by rule, that it has received an exemption under
6		Section 501(c)(3) of the Internal Revenue Code and that is
7		organized and operated primarily for the presentation or
8		support of arts or cultural programming, activities, or
9		services. These organizations include, but are not limited to,
10		music and dramatic arts organizations such as symphony
11		orchestras and theatrical groups, arts and cultural service
12		organizations, local arts councils, visual arts organizations,
13		and media arts organizations. On and after the effective date
14		of this amendatory Act of the 92nd General Assembly, however,
15		an entity otherwise eligible for this exemption shall not make
16		tax-free purchases unless it has an active identification
17		number issued by the Department.
18		(10) Personal property sold by a corporation, society,
19		association, foundation, institution, or organization, other
20		than a limited liability company, that is organized and
21		operated as a not-for-profit service enterprise for the benefit
22		of persons 65 years of age or older if the personal property
23		was not purchased by the enterprise for the purpose of resale
24		by the enterprise.
25		(11) Personal property sold to a governmental body, to a
26		corporation, society, association, foundation, or institution

SB3733 Engrossed - 489 - LRB096 19592 AMC 34984 b
1		organized and operated exclusively for charitable, religious,
2		or educational purposes, or to a not-for-profit corporation,
3		society, association, foundation, institution, or organization
4		that has no compensated officers or employees and that is
5		organized and operated primarily for the recreation of persons
6		55 years of age or older. A limited liability company may
7		qualify for the exemption under this paragraph only if the
8		limited liability company is organized and operated
9		exclusively for educational purposes. On and after July 1,
10		1987, however, no entity otherwise eligible for this exemption
11		shall make tax-free purchases unless it has an active
12		identification number issued by the Department.
13		(12) Tangible personal property sold to interstate
14		carriers for hire for use as rolling stock moving in interstate
15		commerce or to lessors under leases of one year or longer
16		executed or in effect at the time of purchase by interstate
17		carriers for hire for use as rolling stock moving in interstate
18		commerce and equipment operated by a telecommunications
19		provider, licensed as a common carrier by the Federal
20		Communications Commission, which is permanently installed in
21		or affixed to aircraft moving in interstate commerce.
22		(12-5) On and after July 1, 2003 and through June 30, 2004,
23		motor vehicles of the second division with a gross vehicle
24		weight in excess of 8,000 pounds that are subject to the
25		commercial distribution fee imposed under Section 3-815.1 of
26		the Illinois Vehicle Code. Beginning on July 1, 2004 and

SB3733 Engrossed - 490 - LRB096 19592 AMC 34984 b
1		through June 30, 2005, the use in this State of motor vehicles
2		of the second division: (i) with a gross vehicle weight rating
3		in excess of 8,000 pounds; (ii) that are subject to the
4		commercial distribution fee imposed under Section 3-815.1 of
5		the Illinois Vehicle Code; and (iii) that are primarily used
6		for commercial purposes. Through June 30, 2005, this exemption
7		applies to repair and replacement parts added after the initial
8		purchase of such a motor vehicle if that motor vehicle is used
9		in a manner that would qualify for the rolling stock exemption
10		otherwise provided for in this Act. For purposes of this
11		paragraph, "used for commercial purposes" means the
12		transportation of persons or property in furtherance of any
13		commercial or industrial enterprise whether for-hire or not.
14		(13) Proceeds from sales to owners, lessors, or shippers of
15		tangible personal property that is utilized by interstate
16		carriers for hire for use as rolling stock moving in interstate
17		commerce and equipment operated by a telecommunications
18		provider, licensed as a common carrier by the Federal
19		Communications Commission, which is permanently installed in
20		or affixed to aircraft moving in interstate commerce.
21		(14) Machinery and equipment that will be used by the
22		purchaser, or a lessee of the purchaser, primarily in the
23		process of manufacturing or assembling tangible personal
24		property for wholesale or retail sale or lease, whether the
25		sale or lease is made directly by the manufacturer or by some
26		other person, whether the materials used in the process are

SB3733 Engrossed - 491 - LRB096 19592 AMC 34984 b
1		owned by the manufacturer or some other person, or whether the
2		sale or lease is made apart from or as an incident to the
3		seller's engaging in the service occupation of producing
4		machines, tools, dies, jigs, patterns, gauges, or other similar
5		items of no commercial value on special order for a particular
6		purchaser.
7		(15) Proceeds of mandatory service charges separately
8		stated on customers' bills for purchase and consumption of food
9		and beverages, to the extent that the proceeds of the service
10		charge are in fact turned over as tips or as a substitute for
11		tips to the employees who participate directly in preparing,
12		serving, hosting or cleaning up the food or beverage function
13		with respect to which the service charge is imposed.
14		(16) Petroleum products sold to a purchaser if the seller
15		is prohibited by federal law from charging tax to the
16		purchaser.
17		(17) Tangible personal property sold to a common carrier by
18		rail or motor that receives the physical possession of the
19		property in Illinois and that transports the property, or
20		shares with another common carrier in the transportation of the
21		property, out of Illinois on a standard uniform bill of lading
22		showing the seller of the property as the shipper or consignor
23		of the property to a destination outside Illinois, for use
24		outside Illinois.
25		(18) Legal tender, currency, medallions, or gold or silver
26		coinage issued by the State of Illinois, the government of the

SB3733 Engrossed - 492 - LRB096 19592 AMC 34984 b
1		United States of America, or the government of any foreign
2		country, and bullion.
3		(19) Until July 1 2003, oil field exploration, drilling,
4		and production equipment, including (i) rigs and parts of rigs,
5		rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
6		tubular goods, including casing and drill strings, (iii) pumps
7		and pump-jack units, (iv) storage tanks and flow lines, (v) any
8		individual replacement part for oil field exploration,
9		drilling, and production equipment, and (vi) machinery and
10		equipment purchased for lease; but excluding motor vehicles
11		required to be registered under the Illinois Vehicle Code.
12		(20) Photoprocessing machinery and equipment, including
13		repair and replacement parts, both new and used, including that
14		manufactured on special order, certified by the purchaser to be
15		used primarily for photoprocessing, and including
16		photoprocessing machinery and equipment purchased for lease.
17		(21) Until July 1, 2003, coal exploration, mining,
18		offhighway hauling, processing, maintenance, and reclamation
19		equipment, including replacement parts and equipment, and
20		including equipment purchased for lease, but excluding motor
21		vehicles required to be registered under the Illinois Vehicle
22		Code.
23		(22) Fuel and petroleum products sold to or used by an air
24		carrier, certified by the carrier to be used for consumption,
25		shipment, or storage in the conduct of its business as an air
26		common carrier, for a flight destined for or returning from a

SB3733 Engrossed - 493 - LRB096 19592 AMC 34984 b
1		location or locations outside the United States without regard
2		to previous or subsequent domestic stopovers.
3		(23) A transaction in which the purchase order is received
4		by a florist who is located outside Illinois, but who has a
5		florist located in Illinois deliver the property to the
6		purchaser or the purchaser's donee in Illinois.
7		(24) Fuel consumed or used in the operation of ships,
8		barges, or vessels that are used primarily in or for the
9		transportation of property or the conveyance of persons for
10		hire on rivers bordering on this State if the fuel is delivered
11		by the seller to the purchaser's barge, ship, or vessel while
12		it is afloat upon that bordering river.
13		(25) Except as provided in item (25-5) of this Section, a
14		motor vehicle sold in this State to a nonresident even though
15		the motor vehicle is delivered to the nonresident in this
16		State, if the motor vehicle is not to be titled in this State,
17		and if a drive-away permit is issued to the motor vehicle as
18		provided in Section 3-603 of the Illinois Vehicle Code or if
19		the nonresident purchaser has vehicle registration plates to
20		transfer to the motor vehicle upon returning to his or her home
21		state. The issuance of the drive-away permit or having the
22		out-of-state registration plates to be transferred is prima
23		facie evidence that the motor vehicle will not be titled in
24		this State.
25		(25-5) The exemption under item (25) does not apply if the
26		state in which the motor vehicle will be titled does not allow

SB3733 Engrossed - 494 - LRB096 19592 AMC 34984 b
1		a reciprocal exemption for a motor vehicle sold and delivered
2		in that state to an Illinois resident but titled in Illinois.
3		The tax collected under this Act on the sale of a motor vehicle
4		in this State to a resident of another state that does not
5		allow a reciprocal exemption shall be imposed at a rate equal
6		to the state's rate of tax on taxable property in the state in
7		which the purchaser is a resident, except that the tax shall
8		not exceed the tax that would otherwise be imposed under this
9		Act. At the time of the sale, the purchaser shall execute a
10		statement, signed under penalty of perjury, of his or her
11		intent to title the vehicle in the state in which the purchaser
12		is a resident within 30 days after the sale and of the fact of
13		the payment to the State of Illinois of tax in an amount
14		equivalent to the state's rate of tax on taxable property in
15		his or her state of residence and shall submit the statement to
16		the appropriate tax collection agency in his or her state of
17		residence. In addition, the retailer must retain a signed copy
18		of the statement in his or her records. Nothing in this item
19		shall be construed to require the removal of the vehicle from
20		this state following the filing of an intent to title the
21		vehicle in the purchaser's state of residence if the purchaser
22		titles the vehicle in his or her state of residence within 30
23		days after the date of sale. The tax collected under this Act
24		in accordance with this item (25-5) shall be proportionately
25		distributed as if the tax were collected at the 6.25% general
26		rate imposed under this Act.

SB3733 Engrossed - 495 - LRB096 19592 AMC 34984 b
1		(25-7) Beginning on July 1, 2007, no tax is imposed under
2		this Act on the sale of an aircraft, as defined in Section 3 of
3		the Illinois Aeronautics Act, if all of the following
4		conditions are met:
5		(1) the aircraft leaves this State within 15 days after
6		the later of either the issuance of the final billing for
7		the sale of the aircraft, or the authorized approval for
8		return to service, completion of the maintenance record
9		entry, and completion of the test flight and ground test
10		for inspection, as required by 14 C.F.R. 91.407;
11		(2) the aircraft is not based or registered in this
12		State after the sale of the aircraft; and
13		(3) the seller retains in his or her books and records
14		and provides to the Department a signed and dated
15		certification from the purchaser, on a form prescribed by
16		the Department, certifying that the requirements of this
17		item (25-7) are met. The certificate must also include the
18		name and address of the purchaser, the address of the
19		location where the aircraft is to be titled or registered,
20		the address of the primary physical location of the
21		aircraft, and other information that the Department may
22		reasonably require.
23		For purposes of this item (25-7):
24		"Based in this State" means hangared, stored, or otherwise
25		used, excluding post-sale customizations as defined in this
26		Section, for 10 or more days in each 12-month period

SB3733 Engrossed - 496 - LRB096 19592 AMC 34984 b
1		immediately following the date of the sale of the aircraft.
2		"Registered in this State" means an aircraft registered
3		with the Department of Transportation, Aeronautics Division,
4		or titled or registered with the Federal Aviation
5		Administration to an address located in this State.
6		This paragraph (25-7) is exempt from the provisions of
7		Section 2-70.
8		(26) Semen used for artificial insemination of livestock
9		for direct agricultural production.
10		(27) Horses, or interests in horses, registered with and
11		meeting the requirements of any of the Arabian Horse Club
12		Registry of America, Appaloosa Horse Club, American Quarter
13		Horse Association, United States Trotting Association, or
14		Jockey Club, as appropriate, used for purposes of breeding or
15		racing for prizes. This item (27) is exempt from the provisions
16		of Section 2-70, and the exemption provided for under this item
17		(27) applies for all periods beginning May 30, 1995, but no
18		claim for credit or refund is allowed on or after January 1,
19		2008 (the effective date of Public Act 95-88) for such taxes
20		paid during the period beginning May 30, 2000 and ending on
21		January 1, 2008 (the effective date of Public Act 95-88).
22		(28) Computers and communications equipment utilized for
23		any hospital purpose and equipment used in the diagnosis,
24		analysis, or treatment of hospital patients sold to a lessor
25		who leases the equipment, under a lease of one year or longer
26		executed or in effect at the time of the purchase, to a

SB3733 Engrossed - 497 - LRB096 19592 AMC 34984 b
1		hospital that has been issued an active tax exemption
2		identification number by the Department under Section 1g of
3		this Act.
4		(29) Personal property sold to a lessor who leases the
5		property, under a lease of one year or longer executed or in
6		effect at the time of the purchase, to a governmental body that
7		has been issued an active tax exemption identification number
8		by the Department under Section 1g of this Act.
9		(30) Beginning with taxable years ending on or after
10		December 31, 1995 and ending with taxable years ending on or
11		before December 31, 2004, personal property that is donated for
12		disaster relief to be used in a State or federally declared
13		disaster area in Illinois or bordering Illinois by a
14		manufacturer or retailer that is registered in this State to a
15		corporation, society, association, foundation, or institution
16		that has been issued a sales tax exemption identification
17		number by the Department that assists victims of the disaster
18		who reside within the declared disaster area.
19		(31) Beginning with taxable years ending on or after
20		December 31, 1995 and ending with taxable years ending on or
21		before December 31, 2004, personal property that is used in the
22		performance of infrastructure repairs in this State, including
23		but not limited to municipal roads and streets, access roads,
24		bridges, sidewalks, waste disposal systems, water and sewer
25		line extensions, water distribution and purification
26		facilities, storm water drainage and retention facilities, and

SB3733 Engrossed - 498 - LRB096 19592 AMC 34984 b
1		sewage treatment facilities, resulting from a State or
2		federally declared disaster in Illinois or bordering Illinois
3		when such repairs are initiated on facilities located in the
4		declared disaster area within 6 months after the disaster.
5		(32) Beginning July 1, 1999, game or game birds sold at a
6		"game breeding and hunting preserve area" or an "exotic game
7		hunting area" as those terms are used in the Wildlife Code or
8		at a hunting enclosure approved through rules adopted by the
9		Department of Natural Resources. This paragraph is exempt from
10		the provisions of Section 2-70.
11		(33) A motor vehicle, as that term is defined in Section
12		1-146 of the Illinois Vehicle Code, that is donated to a
13		corporation, limited liability company, society, association,
14		foundation, or institution that is determined by the Department
15		to be organized and operated exclusively for educational
16		purposes. For purposes of this exemption, "a corporation,
17		limited liability company, society, association, foundation,
18		or institution organized and operated exclusively for
19		educational purposes" means all tax-supported public schools,
20		private schools that offer systematic instruction in useful
21		branches of learning by methods common to public schools and
22		that compare favorably in their scope and intensity with the
23		course of study presented in tax-supported schools, and
24		vocational or technical schools or institutes organized and
25		operated exclusively to provide a course of study of not less
26		than 6 weeks duration and designed to prepare individuals to

SB3733 Engrossed - 499 - LRB096 19592 AMC 34984 b
1		follow a trade or to pursue a manual, technical, mechanical,
2		industrial, business, or commercial occupation.
3		(34) Beginning January 1, 2000, personal property,
4		including food, purchased through fundraising events for the
5		benefit of a public or private elementary or secondary school,
6		a group of those schools, or one or more school districts if
7		the events are sponsored by an entity recognized by the school
8		district that consists primarily of volunteers and includes
9		parents and teachers of the school children. This paragraph
10		does not apply to fundraising events (i) for the benefit of
11		private home instruction or (ii) for which the fundraising
12		entity purchases the personal property sold at the events from
13		another individual or entity that sold the property for the
14		purpose of resale by the fundraising entity and that profits
15		from the sale to the fundraising entity. This paragraph is
16		exempt from the provisions of Section 2-70.
17		(35) Beginning January 1, 2000 and through December 31,
18		2001, new or used automatic vending machines that prepare and
19		serve hot food and beverages, including coffee, soup, and other
20		items, and replacement parts for these machines. Beginning
21		January 1, 2002 and through June 30, 2003, machines and parts
22		for machines used in commercial, coin-operated amusement and
23		vending business if a use or occupation tax is paid on the
24		gross receipts derived from the use of the commercial,
25		coin-operated amusement and vending machines. This paragraph
26		is exempt from the provisions of Section 2-70.

SB3733 Engrossed - 500 - LRB096 19592 AMC 34984 b
1		(35-5) Beginning August 23, 2001 and through June 30, 2011,
2		food for human consumption that is to be consumed off the
3		premises where it is sold (other than alcoholic beverages, soft
4		drinks, and food that has been prepared for immediate
5		consumption) and prescription and nonprescription medicines,
6		drugs, medical appliances, and insulin, urine testing
7		materials, syringes, and needles used by diabetics, for human
8		use, when purchased for use by a person receiving medical
9		assistance under Article 5 of the Illinois Public Aid Code who
10		resides in a licensed long-term care facility, as defined in
11		the Nursing Home Care Act.
12		(36) Beginning August 2, 2001, computers and
13		communications equipment utilized for any hospital purpose and
14		equipment used in the diagnosis, analysis, or treatment of
15		hospital patients sold to a lessor who leases the equipment,
16		under a lease of one year or longer executed or in effect at
17		the time of the purchase, to a hospital that has been issued an
18		active tax exemption identification number by the Department
19		under Section 1g of this Act. This paragraph is exempt from the
20		provisions of Section 2-70.
21		(37) Beginning August 2, 2001, personal property sold to a
22		lessor who leases the property, under a lease of one year or
23		longer executed or in effect at the time of the purchase, to a
24		governmental body that has been issued an active tax exemption
25		identification number by the Department under Section 1g of
26		this Act. This paragraph is exempt from the provisions of

SB3733 Engrossed - 501 - LRB096 19592 AMC 34984 b
1		Section 2-70.
2		(38) Beginning on January 1, 2002 and through June 30,
3		2011, tangible personal property purchased from an Illinois
4		retailer by a taxpayer engaged in centralized purchasing
5		activities in Illinois who will, upon receipt of the property
6		in Illinois, temporarily store the property in Illinois (i) for
7		the purpose of subsequently transporting it outside this State
8		for use or consumption thereafter solely outside this State or
9		(ii) for the purpose of being processed, fabricated, or
10		manufactured into, attached to, or incorporated into other
11		tangible personal property to be transported outside this State
12		and thereafter used or consumed solely outside this State. The
13		Director of Revenue shall, pursuant to rules adopted in
14		accordance with the Illinois Administrative Procedure Act,
15		issue a permit to any taxpayer in good standing with the
16		Department who is eligible for the exemption under this
17		paragraph (38). The permit issued under this paragraph (38)
18		shall authorize the holder, to the extent and in the manner
19		specified in the rules adopted under this Act, to purchase
20		tangible personal property from a retailer exempt from the
21		taxes imposed by this Act. Taxpayers shall maintain all
22		necessary books and records to substantiate the use and
23		consumption of all such tangible personal property outside of
24		the State of Illinois.
25		(39) Beginning January 1, 2008, tangible personal property
26		used in the construction or maintenance of a community water

SB3733 Engrossed - 502 - LRB096 19592 AMC 34984 b
1		supply, as defined under Section 3.145 of the Environmental
2		Protection Act, that is operated by a not-for-profit
3		corporation that holds a valid water supply permit issued under
4		Title IV of the Environmental Protection Act. This paragraph is
5		exempt from the provisions of Section 2-70.
6		(40) Beginning January 1, 2010, materials, parts,
7		equipment, components, and furnishings incorporated into or
8		upon an aircraft as part of the modification, refurbishment,
9		completion, replacement, repair, or maintenance of the
10		aircraft. This exemption includes consumable supplies used in
11		the modification, refurbishment, completion, replacement,
12		repair, and maintenance of aircraft, but excludes any
13		materials, parts, equipment, components, and consumable
14		supplies used in the modification, replacement, repair, and
15		maintenance of aircraft engines or power plants, whether such
16		engines or power plants are installed or uninstalled upon any
17		such aircraft. "Consumable supplies" include, but are not
18		limited to, adhesive, tape, sandpaper, general purpose
19		lubricants, cleaning solution, latex gloves, and protective
20		films. This exemption applies only to those organizations that
21		(i) hold an Air Agency Certificate and are empowered to operate
22		an approved repair station by the Federal Aviation
23		Administration, (ii) have a Class IV Rating, and (iii) conduct
24		operations in accordance with Part 145 of the Federal Aviation
25		Regulations. The exemption does not include aircraft operated
26		by a commercial air carrier providing scheduled passenger air

SB3733 Engrossed - 503 - LRB096 19592 AMC 34984 b
1		service pursuant to authority issued under Part 121 or Part 129
2		of the Federal Aviation Regulations.
3		(41) (40) Tangible personal property sold to a
4		public-facilities corporation, as described in Section
5		11-65-10 of the Illinois Municipal Code, for purposes of
6		constructing or furnishing a municipal convention hall, but
7		only if the legal title to the municipal convention hall is
8		transferred to the municipality without any further
9		consideration by or on behalf of the municipality at the time
10		of the completion of the municipal convention hall or upon the
11		retirement or redemption of any bonds or other debt instruments
12		issued by the public-facilities corporation in connection with
13		the development of the municipal convention hall. This
14		exemption includes existing public-facilities corporations as
15		provided in Section 11-65-25 of the Illinois Municipal Code.
16		This paragraph is exempt from the provisions of Section 2-70.
17		(Source: P.A. 95-88, eff. 1-1-08; 95-233, eff. 8-16-07; 95-304,
18		eff. 8-20-07; 95-538, eff. 1-1-08; 95-707, eff. 1-11-08;
19		95-876, eff. 8-21-08; 96-116, eff. 7-31-09; 96-532, eff.
20		8-14-09; 96-759, eff. 1-1-10.)
21		(Text of Section after amendment by P.A. 96-339)
22		Sec. 2-5. Exemptions. Gross receipts from proceeds from the
23		sale of the following tangible personal property are exempt
24		from the tax imposed by this Act:
25		(1) Farm chemicals.

SB3733 Engrossed - 504 - LRB096 19592 AMC 34984 b
1		(2) Farm machinery and equipment, both new and used,
2		including that manufactured on special order, certified by the
3		purchaser to be used primarily for production agriculture or
4		State or federal agricultural programs, including individual
5		replacement parts for the machinery and equipment, including
6		machinery and equipment purchased for lease, and including
7		implements of husbandry defined in Section 1-130 of the
8		Illinois Vehicle Code, farm machinery and agricultural
9		chemical and fertilizer spreaders, and nurse wagons required to
10		be registered under Section 3-809 of the Illinois Vehicle Code,
11		but excluding other motor vehicles required to be registered
12		under the Illinois Vehicle Code. Horticultural polyhouses or
13		hoop houses used for propagating, growing, or overwintering
14		plants shall be considered farm machinery and equipment under
15		this item (2). Agricultural chemical tender tanks and dry boxes
16		shall include units sold separately from a motor vehicle
17		required to be licensed and units sold mounted on a motor
18		vehicle required to be licensed, if the selling price of the
19		tender is separately stated.
20		Farm machinery and equipment shall include precision
21		farming equipment that is installed or purchased to be
22		installed on farm machinery and equipment including, but not
23		limited to, tractors, harvesters, sprayers, planters, seeders,
24		or spreaders. Precision farming equipment includes, but is not
25		limited to, soil testing sensors, computers, monitors,
26		software, global positioning and mapping systems, and other

SB3733 Engrossed - 505 - LRB096 19592 AMC 34984 b
1		such equipment.
2		Farm machinery and equipment also includes computers,
3		sensors, software, and related equipment used primarily in the
4		computer-assisted operation of production agriculture
5		facilities, equipment, and activities such as, but not limited
6		to, the collection, monitoring, and correlation of animal and
7		crop data for the purpose of formulating animal diets and
8		agricultural chemicals. This item (7) is exempt from the
9		provisions of Section 2-70.
10		(3) Until July 1, 2003, distillation machinery and
11		equipment, sold as a unit or kit, assembled or installed by the
12		retailer, certified by the user to be used only for the
13		production of ethyl alcohol that will be used for consumption
14		as motor fuel or as a component of motor fuel for the personal
15		use of the user, and not subject to sale or resale.
16		(4) Until July 1, 2003 and beginning again September 1,
17		2004 through August 30, 2014, graphic arts machinery and
18		equipment, including repair and replacement parts, both new and
19		used, and including that manufactured on special order or
20		purchased for lease, certified by the purchaser to be used
21		primarily for graphic arts production. Equipment includes
22		chemicals or chemicals acting as catalysts but only if the
23		chemicals or chemicals acting as catalysts effect a direct and
24		immediate change upon a graphic arts product.
25		(5) A motor vehicle of the first division, a motor vehicle
26		of the second division that is a self contained motor vehicle

SB3733 Engrossed - 506 - LRB096 19592 AMC 34984 b
1		designed or permanently converted to provide living quarters
2		for recreational, camping, or travel use, with direct walk
3		through access to the living quarters from the driver's seat,
4		or a motor vehicle of the second division that is of the van
5		configuration designed for the transportation of not less than
6		7 nor more than 16 passengers, as defined in Section 1-146 of
7		the Illinois Vehicle Code, that is used for automobile renting,
8		as defined in the Automobile Renting Occupation and Use Tax
9		Act. This paragraph is exempt from the provisions of Section
10		2-70.
11		(6) Personal property sold by a teacher-sponsored student
12		organization affiliated with an elementary or secondary school
13		located in Illinois.
14		(7) Until July 1, 2003, proceeds of that portion of the
15		selling price of a passenger car the sale of which is subject
16		to the Replacement Vehicle Tax.
17		(8) Personal property sold to an Illinois county fair
18		association for use in conducting, operating, or promoting the
19		county fair.
20		(9) Personal property sold to a not-for-profit arts or
21		cultural organization that establishes, by proof required by
22		the Department by rule, that it has received an exemption under
23		Section 501(c)(3) of the Internal Revenue Code and that is
24		organized and operated primarily for the presentation or
25		support of arts or cultural programming, activities, or
26		services. These organizations include, but are not limited to,

SB3733 Engrossed - 507 - LRB096 19592 AMC 34984 b
1		music and dramatic arts organizations such as symphony
2		orchestras and theatrical groups, arts and cultural service
3		organizations, local arts councils, visual arts organizations,
4		and media arts organizations. On and after the effective date
5		of this amendatory Act of the 92nd General Assembly, however,
6		an entity otherwise eligible for this exemption shall not make
7		tax-free purchases unless it has an active identification
8		number issued by the Department.
9		(10) Personal property sold by a corporation, society,
10		association, foundation, institution, or organization, other
11		than a limited liability company, that is organized and
12		operated as a not-for-profit service enterprise for the benefit
13		of persons 65 years of age or older if the personal property
14		was not purchased by the enterprise for the purpose of resale
15		by the enterprise.
16		(11) Personal property sold to a governmental body, to a
17		corporation, society, association, foundation, or institution
18		organized and operated exclusively for charitable, religious,
19		or educational purposes, or to a not-for-profit corporation,
20		society, association, foundation, institution, or organization
21		that has no compensated officers or employees and that is
22		organized and operated primarily for the recreation of persons
23		55 years of age or older. A limited liability company may
24		qualify for the exemption under this paragraph only if the
25		limited liability company is organized and operated
26		exclusively for educational purposes. On and after July 1,

SB3733 Engrossed - 508 - LRB096 19592 AMC 34984 b
1		1987, however, no entity otherwise eligible for this exemption
2		shall make tax-free purchases unless it has an active
3		identification number issued by the Department.
4		(12) Tangible personal property sold to interstate
5		carriers for hire for use as rolling stock moving in interstate
6		commerce or to lessors under leases of one year or longer
7		executed or in effect at the time of purchase by interstate
8		carriers for hire for use as rolling stock moving in interstate
9		commerce and equipment operated by a telecommunications
10		provider, licensed as a common carrier by the Federal
11		Communications Commission, which is permanently installed in
12		or affixed to aircraft moving in interstate commerce.
13		(12-5) On and after July 1, 2003 and through June 30, 2004,
14		motor vehicles of the second division with a gross vehicle
15		weight in excess of 8,000 pounds that are subject to the
16		commercial distribution fee imposed under Section 3-815.1 of
17		the Illinois Vehicle Code. Beginning on July 1, 2004 and
18		through June 30, 2005, the use in this State of motor vehicles
19		of the second division: (i) with a gross vehicle weight rating
20		in excess of 8,000 pounds; (ii) that are subject to the
21		commercial distribution fee imposed under Section 3-815.1 of
22		the Illinois Vehicle Code; and (iii) that are primarily used
23		for commercial purposes. Through June 30, 2005, this exemption
24		applies to repair and replacement parts added after the initial
25		purchase of such a motor vehicle if that motor vehicle is used
26		in a manner that would qualify for the rolling stock exemption

SB3733 Engrossed - 509 - LRB096 19592 AMC 34984 b
1		otherwise provided for in this Act. For purposes of this
2		paragraph, "used for commercial purposes" means the
3		transportation of persons or property in furtherance of any
4		commercial or industrial enterprise whether for-hire or not.
5		(13) Proceeds from sales to owners, lessors, or shippers of
6		tangible personal property that is utilized by interstate
7		carriers for hire for use as rolling stock moving in interstate
8		commerce and equipment operated by a telecommunications
9		provider, licensed as a common carrier by the Federal
10		Communications Commission, which is permanently installed in
11		or affixed to aircraft moving in interstate commerce.
12		(14) Machinery and equipment that will be used by the
13		purchaser, or a lessee of the purchaser, primarily in the
14		process of manufacturing or assembling tangible personal
15		property for wholesale or retail sale or lease, whether the
16		sale or lease is made directly by the manufacturer or by some
17		other person, whether the materials used in the process are
18		owned by the manufacturer or some other person, or whether the
19		sale or lease is made apart from or as an incident to the
20		seller's engaging in the service occupation of producing
21		machines, tools, dies, jigs, patterns, gauges, or other similar
22		items of no commercial value on special order for a particular
23		purchaser.
24		(15) Proceeds of mandatory service charges separately
25		stated on customers' bills for purchase and consumption of food
26		and beverages, to the extent that the proceeds of the service

SB3733 Engrossed - 510 - LRB096 19592 AMC 34984 b
1		charge are in fact turned over as tips or as a substitute for
2		tips to the employees who participate directly in preparing,
3		serving, hosting or cleaning up the food or beverage function
4		with respect to which the service charge is imposed.
5		(16) Petroleum products sold to a purchaser if the seller
6		is prohibited by federal law from charging tax to the
7		purchaser.
8		(17) Tangible personal property sold to a common carrier by
9		rail or motor that receives the physical possession of the
10		property in Illinois and that transports the property, or
11		shares with another common carrier in the transportation of the
12		property, out of Illinois on a standard uniform bill of lading
13		showing the seller of the property as the shipper or consignor
14		of the property to a destination outside Illinois, for use
15		outside Illinois.
16		(18) Legal tender, currency, medallions, or gold or silver
17		coinage issued by the State of Illinois, the government of the
18		United States of America, or the government of any foreign
19		country, and bullion.
20		(19) Until July 1 2003, oil field exploration, drilling,
21		and production equipment, including (i) rigs and parts of rigs,
22		rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
23		tubular goods, including casing and drill strings, (iii) pumps
24		and pump-jack units, (iv) storage tanks and flow lines, (v) any
25		individual replacement part for oil field exploration,
26		drilling, and production equipment, and (vi) machinery and

SB3733 Engrossed - 511 - LRB096 19592 AMC 34984 b
1		equipment purchased for lease; but excluding motor vehicles
2		required to be registered under the Illinois Vehicle Code.
3		(20) Photoprocessing machinery and equipment, including
4		repair and replacement parts, both new and used, including that
5		manufactured on special order, certified by the purchaser to be
6		used primarily for photoprocessing, and including
7		photoprocessing machinery and equipment purchased for lease.
8		(21) Until July 1, 2003, coal exploration, mining,
9		offhighway hauling, processing, maintenance, and reclamation
10		equipment, including replacement parts and equipment, and
11		including equipment purchased for lease, but excluding motor
12		vehicles required to be registered under the Illinois Vehicle
13		Code.
14		(22) Fuel and petroleum products sold to or used by an air
15		carrier, certified by the carrier to be used for consumption,
16		shipment, or storage in the conduct of its business as an air
17		common carrier, for a flight destined for or returning from a
18		location or locations outside the United States without regard
19		to previous or subsequent domestic stopovers.
20		(23) A transaction in which the purchase order is received
21		by a florist who is located outside Illinois, but who has a
22		florist located in Illinois deliver the property to the
23		purchaser or the purchaser's donee in Illinois.
24		(24) Fuel consumed or used in the operation of ships,
25		barges, or vessels that are used primarily in or for the
26		transportation of property or the conveyance of persons for

SB3733 Engrossed - 512 - LRB096 19592 AMC 34984 b
1		hire on rivers bordering on this State if the fuel is delivered
2		by the seller to the purchaser's barge, ship, or vessel while
3		it is afloat upon that bordering river.
4		(25) Except as provided in item (25-5) of this Section, a
5		motor vehicle sold in this State to a nonresident even though
6		the motor vehicle is delivered to the nonresident in this
7		State, if the motor vehicle is not to be titled in this State,
8		and if a drive-away permit is issued to the motor vehicle as
9		provided in Section 3-603 of the Illinois Vehicle Code or if
10		the nonresident purchaser has vehicle registration plates to
11		transfer to the motor vehicle upon returning to his or her home
12		state. The issuance of the drive-away permit or having the
13		out-of-state registration plates to be transferred is prima
14		facie evidence that the motor vehicle will not be titled in
15		this State.
16		(25-5) The exemption under item (25) does not apply if the
17		state in which the motor vehicle will be titled does not allow
18		a reciprocal exemption for a motor vehicle sold and delivered
19		in that state to an Illinois resident but titled in Illinois.
20		The tax collected under this Act on the sale of a motor vehicle
21		in this State to a resident of another state that does not
22		allow a reciprocal exemption shall be imposed at a rate equal
23		to the state's rate of tax on taxable property in the state in
24		which the purchaser is a resident, except that the tax shall
25		not exceed the tax that would otherwise be imposed under this
26		Act. At the time of the sale, the purchaser shall execute a

SB3733 Engrossed - 513 - LRB096 19592 AMC 34984 b
1		statement, signed under penalty of perjury, of his or her
2		intent to title the vehicle in the state in which the purchaser
3		is a resident within 30 days after the sale and of the fact of
4		the payment to the State of Illinois of tax in an amount
5		equivalent to the state's rate of tax on taxable property in
6		his or her state of residence and shall submit the statement to
7		the appropriate tax collection agency in his or her state of
8		residence. In addition, the retailer must retain a signed copy
9		of the statement in his or her records. Nothing in this item
10		shall be construed to require the removal of the vehicle from
11		this state following the filing of an intent to title the
12		vehicle in the purchaser's state of residence if the purchaser
13		titles the vehicle in his or her state of residence within 30
14		days after the date of sale. The tax collected under this Act
15		in accordance with this item (25-5) shall be proportionately
16		distributed as if the tax were collected at the 6.25% general
17		rate imposed under this Act.
18		(25-7) Beginning on July 1, 2007, no tax is imposed under
19		this Act on the sale of an aircraft, as defined in Section 3 of
20		the Illinois Aeronautics Act, if all of the following
21		conditions are met:
22		(1) the aircraft leaves this State within 15 days after
23		the later of either the issuance of the final billing for
24		the sale of the aircraft, or the authorized approval for
25		return to service, completion of the maintenance record
26		entry, and completion of the test flight and ground test

SB3733 Engrossed - 514 - LRB096 19592 AMC 34984 b
1		for inspection, as required by 14 C.F.R. 91.407;
2		(2) the aircraft is not based or registered in this
3		State after the sale of the aircraft; and
4		(3) the seller retains in his or her books and records
5		and provides to the Department a signed and dated
6		certification from the purchaser, on a form prescribed by
7		the Department, certifying that the requirements of this
8		item (25-7) are met. The certificate must also include the
9		name and address of the purchaser, the address of the
10		location where the aircraft is to be titled or registered,
11		the address of the primary physical location of the
12		aircraft, and other information that the Department may
13		reasonably require.
14		For purposes of this item (25-7):
15		"Based in this State" means hangared, stored, or otherwise
16		used, excluding post-sale customizations as defined in this
17		Section, for 10 or more days in each 12-month period
18		immediately following the date of the sale of the aircraft.
19		"Registered in this State" means an aircraft registered
20		with the Department of Transportation, Aeronautics Division,
21		or titled or registered with the Federal Aviation
22		Administration to an address located in this State.
23		This paragraph (25-7) is exempt from the provisions of
24		Section 2-70.
25		(26) Semen used for artificial insemination of livestock
26		for direct agricultural production.

SB3733 Engrossed - 515 - LRB096 19592 AMC 34984 b
1		(27) Horses, or interests in horses, registered with and
2		meeting the requirements of any of the Arabian Horse Club
3		Registry of America, Appaloosa Horse Club, American Quarter
4		Horse Association, United States Trotting Association, or
5		Jockey Club, as appropriate, used for purposes of breeding or
6		racing for prizes. This item (27) is exempt from the provisions
7		of Section 2-70, and the exemption provided for under this item
8		(27) applies for all periods beginning May 30, 1995, but no
9		claim for credit or refund is allowed on or after January 1,
10		2008 (the effective date of Public Act 95-88) for such taxes
11		paid during the period beginning May 30, 2000 and ending on
12		January 1, 2008 (the effective date of Public Act 95-88).
13		(28) Computers and communications equipment utilized for
14		any hospital purpose and equipment used in the diagnosis,
15		analysis, or treatment of hospital patients sold to a lessor
16		who leases the equipment, under a lease of one year or longer
17		executed or in effect at the time of the purchase, to a
18		hospital that has been issued an active tax exemption
19		identification number by the Department under Section 1g of
20		this Act.
21		(29) Personal property sold to a lessor who leases the
22		property, under a lease of one year or longer executed or in
23		effect at the time of the purchase, to a governmental body that
24		has been issued an active tax exemption identification number
25		by the Department under Section 1g of this Act.
26		(30) Beginning with taxable years ending on or after

SB3733 Engrossed - 516 - LRB096 19592 AMC 34984 b
1		December 31, 1995 and ending with taxable years ending on or
2		before December 31, 2004, personal property that is donated for
3		disaster relief to be used in a State or federally declared
4		disaster area in Illinois or bordering Illinois by a
5		manufacturer or retailer that is registered in this State to a
6		corporation, society, association, foundation, or institution
7		that has been issued a sales tax exemption identification
8		number by the Department that assists victims of the disaster
9		who reside within the declared disaster area.
10		(31) Beginning with taxable years ending on or after
11		December 31, 1995 and ending with taxable years ending on or
12		before December 31, 2004, personal property that is used in the
13		performance of infrastructure repairs in this State, including
14		but not limited to municipal roads and streets, access roads,
15		bridges, sidewalks, waste disposal systems, water and sewer
16		line extensions, water distribution and purification
17		facilities, storm water drainage and retention facilities, and
18		sewage treatment facilities, resulting from a State or
19		federally declared disaster in Illinois or bordering Illinois
20		when such repairs are initiated on facilities located in the
21		declared disaster area within 6 months after the disaster.
22		(32) Beginning July 1, 1999, game or game birds sold at a
23		"game breeding and hunting preserve area" or an "exotic game
24		hunting area" as those terms are used in the Wildlife Code or
25		at a hunting enclosure approved through rules adopted by the
26		Department of Natural Resources. This paragraph is exempt from

SB3733 Engrossed - 517 - LRB096 19592 AMC 34984 b
1		the provisions of Section 2-70.
2		(33) A motor vehicle, as that term is defined in Section
3		1-146 of the Illinois Vehicle Code, that is donated to a
4		corporation, limited liability company, society, association,
5		foundation, or institution that is determined by the Department
6		to be organized and operated exclusively for educational
7		purposes. For purposes of this exemption, "a corporation,
8		limited liability company, society, association, foundation,
9		or institution organized and operated exclusively for
10		educational purposes" means all tax-supported public schools,
11		private schools that offer systematic instruction in useful
12		branches of learning by methods common to public schools and
13		that compare favorably in their scope and intensity with the
14		course of study presented in tax-supported schools, and
15		vocational or technical schools or institutes organized and
16		operated exclusively to provide a course of study of not less
17		than 6 weeks duration and designed to prepare individuals to
18		follow a trade or to pursue a manual, technical, mechanical,
19		industrial, business, or commercial occupation.
20		(34) Beginning January 1, 2000, personal property,
21		including food, purchased through fundraising events for the
22		benefit of a public or private elementary or secondary school,
23		a group of those schools, or one or more school districts if
24		the events are sponsored by an entity recognized by the school
25		district that consists primarily of volunteers and includes
26		parents and teachers of the school children. This paragraph

SB3733 Engrossed - 518 - LRB096 19592 AMC 34984 b
1		does not apply to fundraising events (i) for the benefit of
2		private home instruction or (ii) for which the fundraising
3		entity purchases the personal property sold at the events from
4		another individual or entity that sold the property for the
5		purpose of resale by the fundraising entity and that profits
6		from the sale to the fundraising entity. This paragraph is
7		exempt from the provisions of Section 2-70.
8		(35) Beginning January 1, 2000 and through December 31,
9		2001, new or used automatic vending machines that prepare and
10		serve hot food and beverages, including coffee, soup, and other
11		items, and replacement parts for these machines. Beginning
12		January 1, 2002 and through June 30, 2003, machines and parts
13		for machines used in commercial, coin-operated amusement and
14		vending business if a use or occupation tax is paid on the
15		gross receipts derived from the use of the commercial,
16		coin-operated amusement and vending machines. This paragraph
17		is exempt from the provisions of Section 2-70.
18		(35-5) Beginning August 23, 2001 and through June 30, 2011,
19		food for human consumption that is to be consumed off the
20		premises where it is sold (other than alcoholic beverages, soft
21		drinks, and food that has been prepared for immediate
22		consumption) and prescription and nonprescription medicines,
23		drugs, medical appliances, and insulin, urine testing
24		materials, syringes, and needles used by diabetics, for human
25		use, when purchased for use by a person receiving medical
26		assistance under Article V of the Illinois Public Aid Code who

SB3733 Engrossed - 519 - LRB096 19592 AMC 34984 b
1		resides in a licensed long-term care facility, as defined in
2		the Nursing Home Care Act, or a licensed facility as defined in
3		the MR/DD Community Care Act.
4		(36) Beginning August 2, 2001, computers and
5		communications equipment utilized for any hospital purpose and
6		equipment used in the diagnosis, analysis, or treatment of
7		hospital patients sold to a lessor who leases the equipment,
8		under a lease of one year or longer executed or in effect at
9		the time of the purchase, to a hospital that has been issued an
10		active tax exemption identification number by the Department
11		under Section 1g of this Act. This paragraph is exempt from the
12		provisions of Section 2-70.
13		(37) Beginning August 2, 2001, personal property sold to a
14		lessor who leases the property, under a lease of one year or
15		longer executed or in effect at the time of the purchase, to a
16		governmental body that has been issued an active tax exemption
17		identification number by the Department under Section 1g of
18		this Act. This paragraph is exempt from the provisions of
19		Section 2-70.
20		(38) Beginning on January 1, 2002 and through June 30,
21		2011, tangible personal property purchased from an Illinois
22		retailer by a taxpayer engaged in centralized purchasing
23		activities in Illinois who will, upon receipt of the property
24		in Illinois, temporarily store the property in Illinois (i) for
25		the purpose of subsequently transporting it outside this State
26		for use or consumption thereafter solely outside this State or

SB3733 Engrossed - 520 - LRB096 19592 AMC 34984 b
1		(ii) for the purpose of being processed, fabricated, or
2		manufactured into, attached to, or incorporated into other
3		tangible personal property to be transported outside this State
4		and thereafter used or consumed solely outside this State. The
5		Director of Revenue shall, pursuant to rules adopted in
6		accordance with the Illinois Administrative Procedure Act,
7		issue a permit to any taxpayer in good standing with the
8		Department who is eligible for the exemption under this
9		paragraph (38). The permit issued under this paragraph (38)
10		shall authorize the holder, to the extent and in the manner
11		specified in the rules adopted under this Act, to purchase
12		tangible personal property from a retailer exempt from the
13		taxes imposed by this Act. Taxpayers shall maintain all
14		necessary books and records to substantiate the use and
15		consumption of all such tangible personal property outside of
16		the State of Illinois.
17		(39) Beginning January 1, 2008, tangible personal property
18		used in the construction or maintenance of a community water
19		supply, as defined under Section 3.145 of the Environmental
20		Protection Act, that is operated by a not-for-profit
21		corporation that holds a valid water supply permit issued under
22		Title IV of the Environmental Protection Act. This paragraph is
23		exempt from the provisions of Section 2-70.
24		(40) Beginning January 1, 2010, materials, parts,
25		equipment, components, and furnishings incorporated into or
26		upon an aircraft as part of the modification, refurbishment,

SB3733 Engrossed - 521 - LRB096 19592 AMC 34984 b
1		completion, replacement, repair, or maintenance of the
2		aircraft. This exemption includes consumable supplies used in
3		the modification, refurbishment, completion, replacement,
4		repair, and maintenance of aircraft, but excludes any
5		materials, parts, equipment, components, and consumable
6		supplies used in the modification, replacement, repair, and
7		maintenance of aircraft engines or power plants, whether such
8		engines or power plants are installed or uninstalled upon any
9		such aircraft. "Consumable supplies" include, but are not
10		limited to, adhesive, tape, sandpaper, general purpose
11		lubricants, cleaning solution, latex gloves, and protective
12		films. This exemption applies only to those organizations that
13		(i) hold an Air Agency Certificate and are empowered to operate
14		an approved repair station by the Federal Aviation
15		Administration, (ii) have a Class IV Rating, and (iii) conduct
16		operations in accordance with Part 145 of the Federal Aviation
17		Regulations. The exemption does not include aircraft operated
18		by a commercial air carrier providing scheduled passenger air
19		service pursuant to authority issued under Part 121 or Part 129
20		of the Federal Aviation Regulations.
21		(41) (40) Tangible personal property sold to a
22		public-facilities corporation, as described in Section
23		11-65-10 of the Illinois Municipal Code, for purposes of
24		constructing or furnishing a municipal convention hall, but
25		only if the legal title to the municipal convention hall is
26		transferred to the municipality without any further

SB3733 Engrossed - 522 - LRB096 19592 AMC 34984 b
1		consideration by or on behalf of the municipality at the time
2		of the completion of the municipal convention hall or upon the
3		retirement or redemption of any bonds or other debt instruments
4		issued by the public-facilities corporation in connection with
5		the development of the municipal convention hall. This
6		exemption includes existing public-facilities corporations as
7		provided in Section 11-65-25 of the Illinois Municipal Code.
8		This paragraph is exempt from the provisions of Section 2-70.
9		(Source: P.A. 95-88, eff. 1-1-08; 95-233, eff. 8-16-07; 95-304,
10		eff. 8-20-07; 95-538, eff. 1-1-08; 95-707, eff. 1-11-08;
11		95-876, eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff.
12		7-1-10; 96-532, eff. 8-14-09; 96-759, eff. 1-1-10; revised
13		9-25-09.)
14		(35 ILCS 120/2-10)
15		Sec. 2-10. Rate of tax. Unless otherwise provided in this
16		Section, the tax imposed by this Act is at the rate of 6.25% of
17		gross receipts from sales of tangible personal property made in
18		the course of business.
19		Beginning on July 1, 2000 and through December 31, 2000,
20		with respect to motor fuel, as defined in Section 1.1 of the
21		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
22		the Use Tax Act, the tax is imposed at the rate of 1.25%.
23		Within 14 days after the effective date of this amendatory
24		Act of the 91st General Assembly, each retailer of motor fuel
25		and gasohol shall cause the following notice to be posted in a

SB3733 Engrossed - 523 - LRB096 19592 AMC 34984 b
1		prominently visible place on each retail dispensing device that
2		is used to dispense motor fuel or gasohol in the State of
3		Illinois: "As of July 1, 2000, the State of Illinois has
4		eliminated the State's share of sales tax on motor fuel and
5		gasohol through December 31, 2000. The price on this pump
6		should reflect the elimination of the tax." The notice shall be
7		printed in bold print on a sign that is no smaller than 4
8		inches by 8 inches. The sign shall be clearly visible to
9		customers. Any retailer who fails to post or maintain a
10		required sign through December 31, 2000 is guilty of a petty
11		offense for which the fine shall be $500 per day per each
12		retail premises where a violation occurs.
13		With respect to gasohol, as defined in the Use Tax Act, the
14		tax imposed by this Act applies to (i) 70% of the proceeds of
15		sales made on or after January 1, 1990, and before July 1,
16		2003, (ii) 80% of the proceeds of sales made on or after July
17		1, 2003 and on or before December 31, 2013, and (iii) 100% of
18		the proceeds of sales made thereafter. If, at any time,
19		however, the tax under this Act on sales of gasohol, as defined
20		in the Use Tax Act, is imposed at the rate of 1.25%, then the
21		tax imposed by this Act applies to 100% of the proceeds of
22		sales of gasohol made during that time.
23		With respect to majority blended ethanol fuel, as defined
24		in the Use Tax Act, the tax imposed by this Act does not apply
25		to the proceeds of sales made on or after July 1, 2003 and on or
26		before December 31, 2013 but applies to 100% of the proceeds of

SB3733 Engrossed - 524 - LRB096 19592 AMC 34984 b
1		sales made thereafter.
2		With respect to biodiesel blends, as defined in the Use Tax
3		Act, with no less than 1% and no more than 10% biodiesel, the
4		tax imposed by this Act applies to (i) 80% of the proceeds of
5		sales made on or after July 1, 2003 and on or before December
6		31, 2013 and (ii) 100% of the proceeds of sales made
7		thereafter. If, at any time, however, the tax under this Act on
8		sales of biodiesel blends, as defined in the Use Tax Act, with
9		no less than 1% and no more than 10% biodiesel is imposed at
10		the rate of 1.25%, then the tax imposed by this Act applies to
11		100% of the proceeds of sales of biodiesel blends with no less
12		than 1% and no more than 10% biodiesel made during that time.
13		With respect to 100% biodiesel, as defined in the Use Tax
14		Act, and biodiesel blends, as defined in the Use Tax Act, with
15		more than 10% but no more than 99% biodiesel, the tax imposed
16		by this Act does not apply to the proceeds of sales made on or
17		after July 1, 2003 and on or before December 31, 2013 but
18		applies to 100% of the proceeds of sales made thereafter.
19		With respect to food for human consumption that is to be
20		consumed off the premises where it is sold (other than
21		alcoholic beverages, soft drinks, and food that has been
22		prepared for immediate consumption) and prescription and
23		nonprescription medicines, drugs, medical appliances,
24		modifications to a motor vehicle for the purpose of rendering
25		it usable by a disabled person, and insulin, urine testing
26		materials, syringes, and needles used by diabetics, for human

SB3733 Engrossed - 525 - LRB096 19592 AMC 34984 b
1		use, the tax is imposed at the rate of 1%. For the purposes of
2		this Section, until September 1, 2009: the term "soft drinks"
3		means any complete, finished, ready-to-use, non-alcoholic
4		drink, whether carbonated or not, including but not limited to
5		soda water, cola, fruit juice, vegetable juice, carbonated
6		water, and all other preparations commonly known as soft drinks
7		of whatever kind or description that are contained in any
8		closed or sealed bottle, can, carton, or container, regardless
9		of size; but "soft drinks" does not include coffee, tea,
10		non-carbonated water, infant formula, milk or milk products as
11		defined in the Grade A Pasteurized Milk and Milk Products Act,
12		or drinks containing 50% or more natural fruit or vegetable
13		juice.
14		Notwithstanding any other provisions of this Act,
15		beginning September 1, 2009, "soft drinks" means non-alcoholic
16		beverages that contain natural or artificial sweeteners. "Soft
17		drinks" do not include beverages that contain milk or milk
18		products, soy, rice or similar milk substitutes, or greater
19		than 50% of vegetable or fruit juice by volume.
20		Until August 1, 2009, and notwithstanding any other
21		provisions of this Act, "food for human consumption that is to
22		be consumed off the premises where it is sold" includes all
23		food sold through a vending machine, except soft drinks, and
24		food products that are dispensed hot from a vending machine,
25		regardless of the location of the vending machine. Beginning
26		August 1, 2009, and notwithstanding any other provisions of

SB3733 Engrossed - 526 - LRB096 19592 AMC 34984 b
1		this Act, "food for human consumption that is to be consumed
2		off the premises where it is sold" includes all food sold
3		through a vending machine, except soft drinks, candy, and food
4		products that are dispensed hot from a vending machine,
5		regardless of the location of the vending machine.
6		Notwithstanding any other provisions of this Act,
7		beginning September 1, 2009, "food for human consumption that
8		is to be consumed off the premises where it is sold" does not
9		include candy. For purposes of this Section, "candy" means a
10		preparation of sugar, honey, or other natural or artificial
11		sweeteners in combination with chocolate, fruits, nuts or other
12		ingredients or flavorings in the form of bars, drops, or
13		pieces. "Candy" does not include any preparation that contains
14		flour or requires refrigeration.
15		Notwithstanding any other provisions of this Act,
16		beginning September 1, 2009, "nonprescription medicines and
17		drugs" does not include grooming and hygiene products. For
18		purposes of this Section, "grooming and hygiene products"
19		includes, but is not limited to, soaps and cleaning solutions,
20		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
21		lotions and screens, unless those products are available by
22		prescription only, regardless of whether the products meet the
23		definition of "over-the-counter-drugs". For the purposes of
24		this paragraph, "over-the-counter-drug" means a drug for human
25		use that contains a label that identifies the product as a drug
26		as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"

SB3733 Engrossed - 527 - LRB096 19592 AMC 34984 b
1		label includes:
2		(A) A "Drug Facts" panel; or
3		(B) A statement of the "active ingredient(s)" with a
4		list of those ingredients contained in the compound,
5		substance or preparation.
6		(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
7		eff. 7-13-09; revised 8-20-09.)
8		Section 215. The Property Tax Code is amended by changing
9		Sections 15-170, 15-172, and 18-185 as follows:
10		(35 ILCS 200/15-170)
11		(Text of Section before amendment by P.A. 96-339)
12		Sec. 15-170. Senior Citizens Homestead Exemption. An
13		annual homestead exemption limited, except as described here
14		with relation to cooperatives or life care facilities, to a
15		maximum reduction set forth below from the property's value, as
16		equalized or assessed by the Department, is granted for
17		property that is occupied as a residence by a person 65 years
18		of age or older who is liable for paying real estate taxes on
19		the property and is an owner of record of the property or has a
20		legal or equitable interest therein as evidenced by a written
21		instrument, except for a leasehold interest, other than a
22		leasehold interest of land on which a single family residence
23		is located, which is occupied as a residence by a person 65
24		years or older who has an ownership interest therein, legal,

SB3733 Engrossed - 528 - LRB096 19592 AMC 34984 b
1		equitable or as a lessee, and on which he or she is liable for
2		the payment of property taxes. Before taxable year 2004, the
3		maximum reduction shall be $2,500 in counties with 3,000,000 or
4		more inhabitants and $2,000 in all other counties. For taxable
5		years 2004 through 2005, the maximum reduction shall be $3,000
6		in all counties. For taxable years 2006 and 2007, the maximum
7		reduction shall be $3,500 and, for taxable years 2008 and
8		thereafter, the maximum reduction is $4,000 in all counties.
9		For land improved with an apartment building owned and
10		operated as a cooperative, the maximum reduction from the value
11		of the property, as equalized by the Department, shall be
12		multiplied by the number of apartments or units occupied by a
13		person 65 years of age or older who is liable, by contract with
14		the owner or owners of record, for paying property taxes on the
15		property and is an owner of record of a legal or equitable
16		interest in the cooperative apartment building, other than a
17		leasehold interest. For land improved with a life care
18		facility, the maximum reduction from the value of the property,
19		as equalized by the Department, shall be multiplied by the
20		number of apartments or units occupied by persons 65 years of
21		age or older, irrespective of any legal, equitable, or
22		leasehold interest in the facility, who are liable, under a
23		contract with the owner or owners of record of the facility,
24		for paying property taxes on the property. In a cooperative or
25		a life care facility where a homestead exemption has been
26		granted, the cooperative association or the management firm of

SB3733 Engrossed - 529 - LRB096 19592 AMC 34984 b
1		the cooperative or facility shall credit the savings resulting
2		from that exemption only to the apportioned tax liability of
3		the owner or resident who qualified for the exemption. Any
4		person who willfully refuses to so credit the savings shall be
5		guilty of a Class B misdemeanor. Under this Section and
6		Sections 15-175, 15-176, and 15-177, "life care facility" means
7		a facility, as defined in Section 2 of the Life Care Facilities
8		Act, with which the applicant for the homestead exemption has a
9		life care contract as defined in that Act.
10		When a homestead exemption has been granted under this
11		Section and the person qualifying subsequently becomes a
12		resident of a facility licensed under the Assisted Living and
13		Shared Housing Act or the Nursing Home Care Act, the exemption
14		shall continue so long as the residence continues to be
15		occupied by the qualifying person's spouse if the spouse is 65
16		years of age or older, or if the residence remains unoccupied
17		but is still owned by the person qualified for the homestead
18		exemption.
19		A person who will be 65 years of age during the current
20		assessment year shall be eligible to apply for the homestead
21		exemption during that assessment year. Application shall be
22		made during the application period in effect for the county of
23		his residence.
24		Beginning with assessment year 2003, for taxes payable in
25		2004, property that is first occupied as a residence after
26		January 1 of any assessment year by a person who is eligible

SB3733 Engrossed - 530 - LRB096 19592 AMC 34984 b
1		for the senior citizens homestead exemption under this Section
2		must be granted a pro-rata exemption for the assessment year.
3		The amount of the pro-rata exemption is the exemption allowed
4		in the county under this Section divided by 365 and multiplied
5		by the number of days during the assessment year the property
6		is occupied as a residence by a person eligible for the
7		exemption under this Section. The chief county assessment
8		officer must adopt reasonable procedures to establish
9		eligibility for this pro-rata exemption.
10		The assessor or chief county assessment officer may
11		determine the eligibility of a life care facility to receive
12		the benefits provided by this Section, by affidavit,
13		application, visual inspection, questionnaire or other
14		reasonable methods in order to insure that the tax savings
15		resulting from the exemption are credited by the management
16		firm to the apportioned tax liability of each qualifying
17		resident. The assessor may request reasonable proof that the
18		management firm has so credited the exemption.
19		The chief county assessment officer of each county with
20		less than 3,000,000 inhabitants shall provide to each person
21		allowed a homestead exemption under this Section a form to
22		designate any other person to receive a duplicate of any notice
23		of delinquency in the payment of taxes assessed and levied
24		under this Code on the property of the person receiving the
25		exemption. The duplicate notice shall be in addition to the
26		notice required to be provided to the person receiving the

SB3733 Engrossed - 531 - LRB096 19592 AMC 34984 b
1		exemption, and shall be given in the manner required by this
2		Code. The person filing the request for the duplicate notice
3		shall pay a fee of $5 to cover administrative costs to the
4		supervisor of assessments, who shall then file the executed
5		designation with the county collector. Notwithstanding any
6		other provision of this Code to the contrary, the filing of
7		such an executed designation requires the county collector to
8		provide duplicate notices as indicated by the designation. A
9		designation may be rescinded by the person who executed such
10		designation at any time, in the manner and form required by the
11		chief county assessment officer.
12		The assessor or chief county assessment officer may
13		determine the eligibility of residential property to receive
14		the homestead exemption provided by this Section by
15		application, visual inspection, questionnaire or other
16		reasonable methods. The determination shall be made in
17		accordance with guidelines established by the Department.
18		In counties with less than 3,000,000 inhabitants, the
19		county board may by resolution provide that if a person has
20		been granted a homestead exemption under this Section, the
21		person qualifying need not reapply for the exemption.
22		In counties with less than 3,000,000 inhabitants, if the
23		assessor or chief county assessment officer requires annual
24		application for verification of eligibility for an exemption
25		once granted under this Section, the application shall be
26		mailed to the taxpayer.

SB3733 Engrossed - 532 - LRB096 19592 AMC 34984 b
1		The assessor or chief county assessment officer shall
2		notify each person who qualifies for an exemption under this
3		Section that the person may also qualify for deferral of real
4		estate taxes under the Senior Citizens Real Estate Tax Deferral
5		Act. The notice shall set forth the qualifications needed for
6		deferral of real estate taxes, the address and telephone number
7		of county collector, and a statement that applications for
8		deferral of real estate taxes may be obtained from the county
9		collector.
10		Notwithstanding Sections 6 and 8 of the State Mandates Act,
11		no reimbursement by the State is required for the
12		implementation of any mandate created by this Section.
13		(Source: P.A. 95-644, eff. 10-12-07; 95-876, eff. 8-21-08;
14		96-355, eff. 1-1-10.)
15		(Text of Section after amendment by P.A. 96-339)
16		Sec. 15-170. Senior Citizens Homestead Exemption. An
17		annual homestead exemption limited, except as described here
18		with relation to cooperatives or life care facilities, to a
19		maximum reduction set forth below from the property's value, as
20		equalized or assessed by the Department, is granted for
21		property that is occupied as a residence by a person 65 years
22		of age or older who is liable for paying real estate taxes on
23		the property and is an owner of record of the property or has a
24		legal or equitable interest therein as evidenced by a written
25		instrument, except for a leasehold interest, other than a

SB3733 Engrossed - 533 - LRB096 19592 AMC 34984 b
1		leasehold interest of land on which a single family residence
2		is located, which is occupied as a residence by a person 65
3		years or older who has an ownership interest therein, legal,
4		equitable or as a lessee, and on which he or she is liable for
5		the payment of property taxes. Before taxable year 2004, the
6		maximum reduction shall be $2,500 in counties with 3,000,000 or
7		more inhabitants and $2,000 in all other counties. For taxable
8		years 2004 through 2005, the maximum reduction shall be $3,000
9		in all counties. For taxable years 2006 and 2007, the maximum
10		reduction shall be $3,500 and, for taxable years 2008 and
11		thereafter, the maximum reduction is $4,000 in all counties.
12		For land improved with an apartment building owned and
13		operated as a cooperative, the maximum reduction from the value
14		of the property, as equalized by the Department, shall be
15		multiplied by the number of apartments or units occupied by a
16		person 65 years of age or older who is liable, by contract with
17		the owner or owners of record, for paying property taxes on the
18		property and is an owner of record of a legal or equitable
19		interest in the cooperative apartment building, other than a
20		leasehold interest. For land improved with a life care
21		facility, the maximum reduction from the value of the property,
22		as equalized by the Department, shall be multiplied by the
23		number of apartments or units occupied by persons 65 years of
24		age or older, irrespective of any legal, equitable, or
25		leasehold interest in the facility, who are liable, under a
26		contract with the owner or owners of record of the facility,

SB3733 Engrossed - 534 - LRB096 19592 AMC 34984 b
1		for paying property taxes on the property. In a cooperative or
2		a life care facility where a homestead exemption has been
3		granted, the cooperative association or the management firm of
4		the cooperative or facility shall credit the savings resulting
5		from that exemption only to the apportioned tax liability of
6		the owner or resident who qualified for the exemption. Any
7		person who willfully refuses to so credit the savings shall be
8		guilty of a Class B misdemeanor. Under this Section and
9		Sections 15-175, 15-176, and 15-177, "life care facility" means
10		a facility, as defined in Section 2 of the Life Care Facilities
11		Act, with which the applicant for the homestead exemption has a
12		life care contract as defined in that Act.
13		When a homestead exemption has been granted under this
14		Section and the person qualifying subsequently becomes a
15		resident of a facility licensed under the Assisted Living and
16		Shared Housing Act, or the Nursing Home Care Act, or the MR/DD
17		Community Care Act, the exemption shall continue so long as the
18		residence continues to be occupied by the qualifying person's
19		spouse if the spouse is 65 years of age or older, or if the
20		residence remains unoccupied but is still owned by the person
21		qualified for the homestead exemption.
22		A person who will be 65 years of age during the current
23		assessment year shall be eligible to apply for the homestead
24		exemption during that assessment year. Application shall be
25		made during the application period in effect for the county of
26		his residence.

SB3733 Engrossed - 535 - LRB096 19592 AMC 34984 b
1		Beginning with assessment year 2003, for taxes payable in
2		2004, property that is first occupied as a residence after
3		January 1 of any assessment year by a person who is eligible
4		for the senior citizens homestead exemption under this Section
5		must be granted a pro-rata exemption for the assessment year.
6		The amount of the pro-rata exemption is the exemption allowed
7		in the county under this Section divided by 365 and multiplied
8		by the number of days during the assessment year the property
9		is occupied as a residence by a person eligible for the
10		exemption under this Section. The chief county assessment
11		officer must adopt reasonable procedures to establish
12		eligibility for this pro-rata exemption.
13		The assessor or chief county assessment officer may
14		determine the eligibility of a life care facility to receive
15		the benefits provided by this Section, by affidavit,
16		application, visual inspection, questionnaire or other
17		reasonable methods in order to insure that the tax savings
18		resulting from the exemption are credited by the management
19		firm to the apportioned tax liability of each qualifying
20		resident. The assessor may request reasonable proof that the
21		management firm has so credited the exemption.
22		The chief county assessment officer of each county with
23		less than 3,000,000 inhabitants shall provide to each person
24		allowed a homestead exemption under this Section a form to
25		designate any other person to receive a duplicate of any notice
26		of delinquency in the payment of taxes assessed and levied

SB3733 Engrossed - 536 - LRB096 19592 AMC 34984 b
1		under this Code on the property of the person receiving the
2		exemption. The duplicate notice shall be in addition to the
3		notice required to be provided to the person receiving the
4		exemption, and shall be given in the manner required by this
5		Code. The person filing the request for the duplicate notice
6		shall pay a fee of $5 to cover administrative costs to the
7		supervisor of assessments, who shall then file the executed
8		designation with the county collector. Notwithstanding any
9		other provision of this Code to the contrary, the filing of
10		such an executed designation requires the county collector to
11		provide duplicate notices as indicated by the designation. A
12		designation may be rescinded by the person who executed such
13		designation at any time, in the manner and form required by the
14		chief county assessment officer.
15		The assessor or chief county assessment officer may
16		determine the eligibility of residential property to receive
17		the homestead exemption provided by this Section by
18		application, visual inspection, questionnaire or other
19		reasonable methods. The determination shall be made in
20		accordance with guidelines established by the Department.
21		In counties with less than 3,000,000 inhabitants, the
22		county board may by resolution provide that if a person has
23		been granted a homestead exemption under this Section, the
24		person qualifying need not reapply for the exemption.
25		In counties with less than 3,000,000 inhabitants, if the
26		assessor or chief county assessment officer requires annual

SB3733 Engrossed - 537 - LRB096 19592 AMC 34984 b
1		application for verification of eligibility for an exemption
2		once granted under this Section, the application shall be
3		mailed to the taxpayer.
4		The assessor or chief county assessment officer shall
5		notify each person who qualifies for an exemption under this
6		Section that the person may also qualify for deferral of real
7		estate taxes under the Senior Citizens Real Estate Tax Deferral
8		Act. The notice shall set forth the qualifications needed for
9		deferral of real estate taxes, the address and telephone number
10		of county collector, and a statement that applications for
11		deferral of real estate taxes may be obtained from the county
12		collector.
13		Notwithstanding Sections 6 and 8 of the State Mandates Act,
14		no reimbursement by the State is required for the
15		implementation of any mandate created by this Section.
16		(Source: P.A. 95-644, eff. 10-12-07; 95-876, eff. 8-21-08;
17		96-339, eff. 7-1-10; 96-355, eff. 1-1-10; revised 9-25-09.)
18		(35 ILCS 200/15-172)
19		(Text of Section before amendment by P.A. 96-339)
20		Sec. 15-172. Senior Citizens Assessment Freeze Homestead
21		Exemption.
22		(a) This Section may be cited as the Senior Citizens
23		Assessment Freeze Homestead Exemption.
24		(b) As used in this Section:
25		"Applicant" means an individual who has filed an

SB3733 Engrossed - 538 - LRB096 19592 AMC 34984 b
1		application under this Section.
2		"Base amount" means the base year equalized assessed value
3		of the residence plus the first year's equalized assessed value
4		of any added improvements which increased the assessed value of
5		the residence after the base year.
6		"Base year" means the taxable year prior to the taxable
7		year for which the applicant first qualifies and applies for
8		the exemption provided that in the prior taxable year the
9		property was improved with a permanent structure that was
10		occupied as a residence by the applicant who was liable for
11		paying real property taxes on the property and who was either
12		(i) an owner of record of the property or had legal or
13		equitable interest in the property as evidenced by a written
14		instrument or (ii) had a legal or equitable interest as a
15		lessee in the parcel of property that was single family
16		residence. If in any subsequent taxable year for which the
17		applicant applies and qualifies for the exemption the equalized
18		assessed value of the residence is less than the equalized
19		assessed value in the existing base year (provided that such
20		equalized assessed value is not based on an assessed value that
21		results from a temporary irregularity in the property that
22		reduces the assessed value for one or more taxable years), then
23		that subsequent taxable year shall become the base year until a
24		new base year is established under the terms of this paragraph.
25		For taxable year 1999 only, the Chief County Assessment Officer
26		shall review (i) all taxable years for which the applicant

SB3733 Engrossed - 539 - LRB096 19592 AMC 34984 b
1		applied and qualified for the exemption and (ii) the existing
2		base year. The assessment officer shall select as the new base
3		year the year with the lowest equalized assessed value. An
4		equalized assessed value that is based on an assessed value
5		that results from a temporary irregularity in the property that
6		reduces the assessed value for one or more taxable years shall
7		not be considered the lowest equalized assessed value. The
8		selected year shall be the base year for taxable year 1999 and
9		thereafter until a new base year is established under the terms
10		of this paragraph.
11		"Chief County Assessment Officer" means the County
12		Assessor or Supervisor of Assessments of the county in which
13		the property is located.
14		"Equalized assessed value" means the assessed value as
15		equalized by the Illinois Department of Revenue.
16		"Household" means the applicant, the spouse of the
17		applicant, and all persons using the residence of the applicant
18		as their principal place of residence.
19		"Household income" means the combined income of the members
20		of a household for the calendar year preceding the taxable
21		year.
22		"Income" has the same meaning as provided in Section 3.07
23		of the Senior Citizens and Disabled Persons Property Tax Relief
24		and Pharmaceutical Assistance Act, except that, beginning in
25		assessment year 2001, "income" does not include veteran's
26		benefits.

SB3733 Engrossed - 540 - LRB096 19592 AMC 34984 b
1		"Internal Revenue Code of 1986" means the United States
2		Internal Revenue Code of 1986 or any successor law or laws
3		relating to federal income taxes in effect for the year
4		preceding the taxable year.
5		"Life care facility that qualifies as a cooperative" means
6		a facility as defined in Section 2 of the Life Care Facilities
7		Act.
8		"Maximum income limitation" means:
9		(1) $35,000 prior to taxable year 1999;
10		(2) $40,000 in taxable years 1999 through 2003;
11		(3) $45,000 in taxable years 2004 through 2005;
12		(4) $50,000 in taxable years 2006 and 2007; and
13		(5) $55,000 in taxable year 2008 and thereafter.
14		"Residence" means the principal dwelling place and
15		appurtenant structures used for residential purposes in this
16		State occupied on January 1 of the taxable year by a household
17		and so much of the surrounding land, constituting the parcel
18		upon which the dwelling place is situated, as is used for
19		residential purposes. If the Chief County Assessment Officer
20		has established a specific legal description for a portion of
21		property constituting the residence, then that portion of
22		property shall be deemed the residence for the purposes of this
23		Section.
24		"Taxable year" means the calendar year during which ad
25		valorem property taxes payable in the next succeeding year are
26		levied.

SB3733 Engrossed - 541 - LRB096 19592 AMC 34984 b
1		(c) Beginning in taxable year 1994, a senior citizens
2		assessment freeze homestead exemption is granted for real
3		property that is improved with a permanent structure that is
4		occupied as a residence by an applicant who (i) is 65 years of
5		age or older during the taxable year, (ii) has a household
6		income that does not exceed the maximum income limitation,
7		(iii) is liable for paying real property taxes on the property,
8		and (iv) is an owner of record of the property or has a legal or
9		equitable interest in the property as evidenced by a written
10		instrument. This homestead exemption shall also apply to a
11		leasehold interest in a parcel of property improved with a
12		permanent structure that is a single family residence that is
13		occupied as a residence by a person who (i) is 65 years of age
14		or older during the taxable year, (ii) has a household income
15		that does not exceed the maximum income limitation, (iii) has a
16		legal or equitable ownership interest in the property as
17		lessee, and (iv) is liable for the payment of real property
18		taxes on that property.
19		In counties of 3,000,000 or more inhabitants, the amount of
20		the exemption for all taxable years is the equalized assessed
21		value of the residence in the taxable year for which
22		application is made minus the base amount. In all other
23		counties, the amount of the exemption is as follows: (i)
24		through taxable year 2005 and for taxable year 2007 and
25		thereafter, the amount of this exemption shall be the equalized
26		assessed value of the residence in the taxable year for which

SB3733 Engrossed - 542 - LRB096 19592 AMC 34984 b
1		application is made minus the base amount; and (ii) for taxable
2		year 2006, the amount of the exemption is as follows:
3		(1) For an applicant who has a household income of
4		$45,000 or less, the amount of the exemption is the
5		equalized assessed value of the residence in the taxable
6		year for which application is made minus the base amount.
7		(2) For an applicant who has a household income
8		exceeding $45,000 but not exceeding $46,250, the amount of
9		the exemption is (i) the equalized assessed value of the
10		residence in the taxable year for which application is made
11		minus the base amount (ii) multiplied by 0.8.
12		(3) For an applicant who has a household income
13		exceeding $46,250 but not exceeding $47,500, the amount of
14		the exemption is (i) the equalized assessed value of the
15		residence in the taxable year for which application is made
16		minus the base amount (ii) multiplied by 0.6.
17		(4) For an applicant who has a household income
18		exceeding $47,500 but not exceeding $48,750, the amount of
19		the exemption is (i) the equalized assessed value of the
20		residence in the taxable year for which application is made
21		minus the base amount (ii) multiplied by 0.4.
22		(5) For an applicant who has a household income
23		exceeding $48,750 but not exceeding $50,000, the amount of
24		the exemption is (i) the equalized assessed value of the
25		residence in the taxable year for which application is made
26		minus the base amount (ii) multiplied by 0.2.

SB3733 Engrossed - 543 - LRB096 19592 AMC 34984 b
1		When the applicant is a surviving spouse of an applicant
2		for a prior year for the same residence for which an exemption
3		under this Section has been granted, the base year and base
4		amount for that residence are the same as for the applicant for
5		the prior year.
6		Each year at the time the assessment books are certified to
7		the County Clerk, the Board of Review or Board of Appeals shall
8		give to the County Clerk a list of the assessed values of
9		improvements on each parcel qualifying for this exemption that
10		were added after the base year for this parcel and that
11		increased the assessed value of the property.
12		In the case of land improved with an apartment building
13		owned and operated as a cooperative or a building that is a
14		life care facility that qualifies as a cooperative, the maximum
15		reduction from the equalized assessed value of the property is
16		limited to the sum of the reductions calculated for each unit
17		occupied as a residence by a person or persons (i) 65 years of
18		age or older, (ii) with a household income that does not exceed
19		the maximum income limitation, (iii) who is liable, by contract
20		with the owner or owners of record, for paying real property
21		taxes on the property, and (iv) who is an owner of record of a
22		legal or equitable interest in the cooperative apartment
23		building, other than a leasehold interest. In the instance of a
24		cooperative where a homestead exemption has been granted under
25		this Section, the cooperative association or its management
26		firm shall credit the savings resulting from that exemption

SB3733 Engrossed - 544 - LRB096 19592 AMC 34984 b
1		only to the apportioned tax liability of the owner who
2		qualified for the exemption. Any person who willfully refuses
3		to credit that savings to an owner who qualifies for the
4		exemption is guilty of a Class B misdemeanor.
5		When a homestead exemption has been granted under this
6		Section and an applicant then becomes a resident of a facility
7		licensed under the Assisted Living and Shared Housing Act or
8		the Nursing Home Care Act, the exemption shall be granted in
9		subsequent years so long as the residence (i) continues to be
10		occupied by the qualified applicant's spouse or (ii) if
11		remaining unoccupied, is still owned by the qualified applicant
12		for the homestead exemption.
13		Beginning January 1, 1997, when an individual dies who
14		would have qualified for an exemption under this Section, and
15		the surviving spouse does not independently qualify for this
16		exemption because of age, the exemption under this Section
17		shall be granted to the surviving spouse for the taxable year
18		preceding and the taxable year of the death, provided that,
19		except for age, the surviving spouse meets all other
20		qualifications for the granting of this exemption for those
21		years.
22		When married persons maintain separate residences, the
23		exemption provided for in this Section may be claimed by only
24		one of such persons and for only one residence.
25		For taxable year 1994 only, in counties having less than
26		3,000,000 inhabitants, to receive the exemption, a person shall

SB3733 Engrossed - 545 - LRB096 19592 AMC 34984 b
1		submit an application by February 15, 1995 to the Chief County
2		Assessment Officer of the county in which the property is
3		located. In counties having 3,000,000 or more inhabitants, for
4		taxable year 1994 and all subsequent taxable years, to receive
5		the exemption, a person may submit an application to the Chief
6		County Assessment Officer of the county in which the property
7		is located during such period as may be specified by the Chief
8		County Assessment Officer. The Chief County Assessment Officer
9		in counties of 3,000,000 or more inhabitants shall annually
10		give notice of the application period by mail or by
11		publication. In counties having less than 3,000,000
12		inhabitants, beginning with taxable year 1995 and thereafter,
13		to receive the exemption, a person shall submit an application
14		by July 1 of each taxable year to the Chief County Assessment
15		Officer of the county in which the property is located. A
16		county may, by ordinance, establish a date for submission of
17		applications that is different than July 1. The applicant shall
18		submit with the application an affidavit of the applicant's
19		total household income, age, marital status (and if married the
20		name and address of the applicant's spouse, if known), and
21		principal dwelling place of members of the household on January
22		1 of the taxable year. The Department shall establish, by rule,
23		a method for verifying the accuracy of affidavits filed by
24		applicants under this Section, and the Chief County Assessment
25		Officer may conduct audits of any taxpayer claiming an
26		exemption under this Section to verify that the taxpayer is

SB3733 Engrossed - 546 - LRB096 19592 AMC 34984 b
1		eligible to receive the exemption. Each application shall
2		contain or be verified by a written declaration that it is made
3		under the penalties of perjury. A taxpayer's signing a
4		fraudulent application under this Act is perjury, as defined in
5		Section 32-2 of the Criminal Code of 1961. The applications
6		shall be clearly marked as applications for the Senior Citizens
7		Assessment Freeze Homestead Exemption and must contain a notice
8		that any taxpayer who receives the exemption is subject to an
9		audit by the Chief County Assessment Officer.
10		Notwithstanding any other provision to the contrary, in
11		counties having fewer than 3,000,000 inhabitants, if an
12		applicant fails to file the application required by this
13		Section in a timely manner and this failure to file is due to a
14		mental or physical condition sufficiently severe so as to
15		render the applicant incapable of filing the application in a
16		timely manner, the Chief County Assessment Officer may extend
17		the filing deadline for a period of 30 days after the applicant
18		regains the capability to file the application, but in no case
19		may the filing deadline be extended beyond 3 months of the
20		original filing deadline. In order to receive the extension
21		provided in this paragraph, the applicant shall provide the
22		Chief County Assessment Officer with a signed statement from
23		the applicant's physician stating the nature and extent of the
24		condition, that, in the physician's opinion, the condition was
25		so severe that it rendered the applicant incapable of filing
26		the application in a timely manner, and the date on which the

SB3733 Engrossed - 547 - LRB096 19592 AMC 34984 b
1		applicant regained the capability to file the application.
2		Beginning January 1, 1998, notwithstanding any other
3		provision to the contrary, in counties having fewer than
4		3,000,000 inhabitants, if an applicant fails to file the
5		application required by this Section in a timely manner and
6		this failure to file is due to a mental or physical condition
7		sufficiently severe so as to render the applicant incapable of
8		filing the application in a timely manner, the Chief County
9		Assessment Officer may extend the filing deadline for a period
10		of 3 months. In order to receive the extension provided in this
11		paragraph, the applicant shall provide the Chief County
12		Assessment Officer with a signed statement from the applicant's
13		physician stating the nature and extent of the condition, and
14		that, in the physician's opinion, the condition was so severe
15		that it rendered the applicant incapable of filing the
16		application in a timely manner.
17		In counties having less than 3,000,000 inhabitants, if an
18		applicant was denied an exemption in taxable year 1994 and the
19		denial occurred due to an error on the part of an assessment
20		official, or his or her agent or employee, then beginning in
21		taxable year 1997 the applicant's base year, for purposes of
22		determining the amount of the exemption, shall be 1993 rather
23		than 1994. In addition, in taxable year 1997, the applicant's
24		exemption shall also include an amount equal to (i) the amount
25		of any exemption denied to the applicant in taxable year 1995
26		as a result of using 1994, rather than 1993, as the base year,

SB3733 Engrossed - 548 - LRB096 19592 AMC 34984 b
1		(ii) the amount of any exemption denied to the applicant in
2		taxable year 1996 as a result of using 1994, rather than 1993,
3		as the base year, and (iii) the amount of the exemption
4		erroneously denied for taxable year 1994.
5		For purposes of this Section, a person who will be 65 years
6		of age during the current taxable year shall be eligible to
7		apply for the homestead exemption during that taxable year.
8		Application shall be made during the application period in
9		effect for the county of his or her residence.
10		The Chief County Assessment Officer may determine the
11		eligibility of a life care facility that qualifies as a
12		cooperative to receive the benefits provided by this Section by
13		use of an affidavit, application, visual inspection,
14		questionnaire, or other reasonable method in order to insure
15		that the tax savings resulting from the exemption are credited
16		by the management firm to the apportioned tax liability of each
17		qualifying resident. The Chief County Assessment Officer may
18		request reasonable proof that the management firm has so
19		credited that exemption.
20		Except as provided in this Section, all information
21		received by the chief county assessment officer or the
22		Department from applications filed under this Section, or from
23		any investigation conducted under the provisions of this
24		Section, shall be confidential, except for official purposes or
25		pursuant to official procedures for collection of any State or
26		local tax or enforcement of any civil or criminal penalty or

SB3733 Engrossed - 549 - LRB096 19592 AMC 34984 b
1		sanction imposed by this Act or by any statute or ordinance
2		imposing a State or local tax. Any person who divulges any such
3		information in any manner, except in accordance with a proper
4		judicial order, is guilty of a Class A misdemeanor.
5		Nothing contained in this Section shall prevent the
6		Director or chief county assessment officer from publishing or
7		making available reasonable statistics concerning the
8		operation of the exemption contained in this Section in which
9		the contents of claims are grouped into aggregates in such a
10		way that information contained in any individual claim shall
11		not be disclosed.
12		(d) Each Chief County Assessment Officer shall annually
13		publish a notice of availability of the exemption provided
14		under this Section. The notice shall be published at least 60
15		days but no more than 75 days prior to the date on which the
16		application must be submitted to the Chief County Assessment
17		Officer of the county in which the property is located. The
18		notice shall appear in a newspaper of general circulation in
19		the county.
20		Notwithstanding Sections 6 and 8 of the State Mandates Act,
21		no reimbursement by the State is required for the
22		implementation of any mandate created by this Section.
23		(Source: P.A. 95-644, eff. 10-12-07; 96-355, eff. 1-1-10.)
24		(Text of Section after amendment by P.A. 96-339)
25		Sec. 15-172. Senior Citizens Assessment Freeze Homestead

SB3733 Engrossed - 550 - LRB096 19592 AMC 34984 b
1		Exemption.
2		(a) This Section may be cited as the Senior Citizens
3		Assessment Freeze Homestead Exemption.
4		(b) As used in this Section:
5		"Applicant" means an individual who has filed an
6		application under this Section.
7		"Base amount" means the base year equalized assessed value
8		of the residence plus the first year's equalized assessed value
9		of any added improvements which increased the assessed value of
10		the residence after the base year.
11		"Base year" means the taxable year prior to the taxable
12		year for which the applicant first qualifies and applies for
13		the exemption provided that in the prior taxable year the
14		property was improved with a permanent structure that was
15		occupied as a residence by the applicant who was liable for
16		paying real property taxes on the property and who was either
17		(i) an owner of record of the property or had legal or
18		equitable interest in the property as evidenced by a written
19		instrument or (ii) had a legal or equitable interest as a
20		lessee in the parcel of property that was single family
21		residence. If in any subsequent taxable year for which the
22		applicant applies and qualifies for the exemption the equalized
23		assessed value of the residence is less than the equalized
24		assessed value in the existing base year (provided that such
25		equalized assessed value is not based on an assessed value that
26		results from a temporary irregularity in the property that

SB3733 Engrossed - 551 - LRB096 19592 AMC 34984 b
1		reduces the assessed value for one or more taxable years), then
2		that subsequent taxable year shall become the base year until a
3		new base year is established under the terms of this paragraph.
4		For taxable year 1999 only, the Chief County Assessment Officer
5		shall review (i) all taxable years for which the applicant
6		applied and qualified for the exemption and (ii) the existing
7		base year. The assessment officer shall select as the new base
8		year the year with the lowest equalized assessed value. An
9		equalized assessed value that is based on an assessed value
10		that results from a temporary irregularity in the property that
11		reduces the assessed value for one or more taxable years shall
12		not be considered the lowest equalized assessed value. The
13		selected year shall be the base year for taxable year 1999 and
14		thereafter until a new base year is established under the terms
15		of this paragraph.
16		"Chief County Assessment Officer" means the County
17		Assessor or Supervisor of Assessments of the county in which
18		the property is located.
19		"Equalized assessed value" means the assessed value as
20		equalized by the Illinois Department of Revenue.
21		"Household" means the applicant, the spouse of the
22		applicant, and all persons using the residence of the applicant
23		as their principal place of residence.
24		"Household income" means the combined income of the members
25		of a household for the calendar year preceding the taxable
26		year.

SB3733 Engrossed - 552 - LRB096 19592 AMC 34984 b
1		"Income" has the same meaning as provided in Section 3.07
2		of the Senior Citizens and Disabled Persons Property Tax Relief
3		and Pharmaceutical Assistance Act, except that, beginning in
4		assessment year 2001, "income" does not include veteran's
5		benefits.
6		"Internal Revenue Code of 1986" means the United States
7		Internal Revenue Code of 1986 or any successor law or laws
8		relating to federal income taxes in effect for the year
9		preceding the taxable year.
10		"Life care facility that qualifies as a cooperative" means
11		a facility as defined in Section 2 of the Life Care Facilities
12		Act.
13		"Maximum income limitation" means:
14		(1) $35,000 prior to taxable year 1999;
15		(2) $40,000 in taxable years 1999 through 2003;
16		(3) $45,000 in taxable years 2004 through 2005;
17		(4) $50,000 in taxable years 2006 and 2007; and
18		(5) $55,000 in taxable year 2008 and thereafter.
19		"Residence" means the principal dwelling place and
20		appurtenant structures used for residential purposes in this
21		State occupied on January 1 of the taxable year by a household
22		and so much of the surrounding land, constituting the parcel
23		upon which the dwelling place is situated, as is used for
24		residential purposes. If the Chief County Assessment Officer
25		has established a specific legal description for a portion of
26		property constituting the residence, then that portion of

SB3733 Engrossed - 553 - LRB096 19592 AMC 34984 b
1		property shall be deemed the residence for the purposes of this
2		Section.
3		"Taxable year" means the calendar year during which ad
4		valorem property taxes payable in the next succeeding year are
5		levied.
6		(c) Beginning in taxable year 1994, a senior citizens
7		assessment freeze homestead exemption is granted for real
8		property that is improved with a permanent structure that is
9		occupied as a residence by an applicant who (i) is 65 years of
10		age or older during the taxable year, (ii) has a household
11		income that does not exceed the maximum income limitation,
12		(iii) is liable for paying real property taxes on the property,
13		and (iv) is an owner of record of the property or has a legal or
14		equitable interest in the property as evidenced by a written
15		instrument. This homestead exemption shall also apply to a
16		leasehold interest in a parcel of property improved with a
17		permanent structure that is a single family residence that is
18		occupied as a residence by a person who (i) is 65 years of age
19		or older during the taxable year, (ii) has a household income
20		that does not exceed the maximum income limitation, (iii) has a
21		legal or equitable ownership interest in the property as
22		lessee, and (iv) is liable for the payment of real property
23		taxes on that property.
24		In counties of 3,000,000 or more inhabitants, the amount of
25		the exemption for all taxable years is the equalized assessed
26		value of the residence in the taxable year for which

SB3733 Engrossed - 554 - LRB096 19592 AMC 34984 b
1		application is made minus the base amount. In all other
2		counties, the amount of the exemption is as follows: (i)
3		through taxable year 2005 and for taxable year 2007 and
4		thereafter, the amount of this exemption shall be the equalized
5		assessed value of the residence in the taxable year for which
6		application is made minus the base amount; and (ii) for taxable
7		year 2006, the amount of the exemption is as follows:
8		(1) For an applicant who has a household income of
9		$45,000 or less, the amount of the exemption is the
10		equalized assessed value of the residence in the taxable
11		year for which application is made minus the base amount.
12		(2) For an applicant who has a household income
13		exceeding $45,000 but not exceeding $46,250, the amount of
14		the exemption is (i) the equalized assessed value of the
15		residence in the taxable year for which application is made
16		minus the base amount (ii) multiplied by 0.8.
17		(3) For an applicant who has a household income
18		exceeding $46,250 but not exceeding $47,500, the amount of
19		the exemption is (i) the equalized assessed value of the
20		residence in the taxable year for which application is made
21		minus the base amount (ii) multiplied by 0.6.
22		(4) For an applicant who has a household income
23		exceeding $47,500 but not exceeding $48,750, the amount of
24		the exemption is (i) the equalized assessed value of the
25		residence in the taxable year for which application is made
26		minus the base amount (ii) multiplied by 0.4.

SB3733 Engrossed - 555 - LRB096 19592 AMC 34984 b
1		(5) For an applicant who has a household income
2		exceeding $48,750 but not exceeding $50,000, the amount of
3		the exemption is (i) the equalized assessed value of the
4		residence in the taxable year for which application is made
5		minus the base amount (ii) multiplied by 0.2.
6		When the applicant is a surviving spouse of an applicant
7		for a prior year for the same residence for which an exemption
8		under this Section has been granted, the base year and base
9		amount for that residence are the same as for the applicant for
10		the prior year.
11		Each year at the time the assessment books are certified to
12		the County Clerk, the Board of Review or Board of Appeals shall
13		give to the County Clerk a list of the assessed values of
14		improvements on each parcel qualifying for this exemption that
15		were added after the base year for this parcel and that
16		increased the assessed value of the property.
17		In the case of land improved with an apartment building
18		owned and operated as a cooperative or a building that is a
19		life care facility that qualifies as a cooperative, the maximum
20		reduction from the equalized assessed value of the property is
21		limited to the sum of the reductions calculated for each unit
22		occupied as a residence by a person or persons (i) 65 years of
23		age or older, (ii) with a household income that does not exceed
24		the maximum income limitation, (iii) who is liable, by contract
25		with the owner or owners of record, for paying real property
26		taxes on the property, and (iv) who is an owner of record of a

SB3733 Engrossed - 556 - LRB096 19592 AMC 34984 b
1		legal or equitable interest in the cooperative apartment
2		building, other than a leasehold interest. In the instance of a
3		cooperative where a homestead exemption has been granted under
4		this Section, the cooperative association or its management
5		firm shall credit the savings resulting from that exemption
6		only to the apportioned tax liability of the owner who
7		qualified for the exemption. Any person who willfully refuses
8		to credit that savings to an owner who qualifies for the
9		exemption is guilty of a Class B misdemeanor.
10		When a homestead exemption has been granted under this
11		Section and an applicant then becomes a resident of a facility
12		licensed under the Assisted Living and Shared Housing Act, or
13		the Nursing Home Care Act, or the MR/DD Community Care Act, the
14		exemption shall be granted in subsequent years so long as the
15		residence (i) continues to be occupied by the qualified
16		applicant's spouse or (ii) if remaining unoccupied, is still
17		owned by the qualified applicant for the homestead exemption.
18		Beginning January 1, 1997, when an individual dies who
19		would have qualified for an exemption under this Section, and
20		the surviving spouse does not independently qualify for this
21		exemption because of age, the exemption under this Section
22		shall be granted to the surviving spouse for the taxable year
23		preceding and the taxable year of the death, provided that,
24		except for age, the surviving spouse meets all other
25		qualifications for the granting of this exemption for those
26		years.

SB3733 Engrossed - 557 - LRB096 19592 AMC 34984 b
1		When married persons maintain separate residences, the
2		exemption provided for in this Section may be claimed by only
3		one of such persons and for only one residence.
4		For taxable year 1994 only, in counties having less than
5		3,000,000 inhabitants, to receive the exemption, a person shall
6		submit an application by February 15, 1995 to the Chief County
7		Assessment Officer of the county in which the property is
8		located. In counties having 3,000,000 or more inhabitants, for
9		taxable year 1994 and all subsequent taxable years, to receive
10		the exemption, a person may submit an application to the Chief
11		County Assessment Officer of the county in which the property
12		is located during such period as may be specified by the Chief
13		County Assessment Officer. The Chief County Assessment Officer
14		in counties of 3,000,000 or more inhabitants shall annually
15		give notice of the application period by mail or by
16		publication. In counties having less than 3,000,000
17		inhabitants, beginning with taxable year 1995 and thereafter,
18		to receive the exemption, a person shall submit an application
19		by July 1 of each taxable year to the Chief County Assessment
20		Officer of the county in which the property is located. A
21		county may, by ordinance, establish a date for submission of
22		applications that is different than July 1. The applicant shall
23		submit with the application an affidavit of the applicant's
24		total household income, age, marital status (and if married the
25		name and address of the applicant's spouse, if known), and
26		principal dwelling place of members of the household on January

SB3733 Engrossed - 558 - LRB096 19592 AMC 34984 b
1		1 of the taxable year. The Department shall establish, by rule,
2		a method for verifying the accuracy of affidavits filed by
3		applicants under this Section, and the Chief County Assessment
4		Officer may conduct audits of any taxpayer claiming an
5		exemption under this Section to verify that the taxpayer is
6		eligible to receive the exemption. Each application shall
7		contain or be verified by a written declaration that it is made
8		under the penalties of perjury. A taxpayer's signing a
9		fraudulent application under this Act is perjury, as defined in
10		Section 32-2 of the Criminal Code of 1961. The applications
11		shall be clearly marked as applications for the Senior Citizens
12		Assessment Freeze Homestead Exemption and must contain a notice
13		that any taxpayer who receives the exemption is subject to an
14		audit by the Chief County Assessment Officer.
15		Notwithstanding any other provision to the contrary, in
16		counties having fewer than 3,000,000 inhabitants, if an
17		applicant fails to file the application required by this
18		Section in a timely manner and this failure to file is due to a
19		mental or physical condition sufficiently severe so as to
20		render the applicant incapable of filing the application in a
21		timely manner, the Chief County Assessment Officer may extend
22		the filing deadline for a period of 30 days after the applicant
23		regains the capability to file the application, but in no case
24		may the filing deadline be extended beyond 3 months of the
25		original filing deadline. In order to receive the extension
26		provided in this paragraph, the applicant shall provide the

SB3733 Engrossed - 559 - LRB096 19592 AMC 34984 b
1		Chief County Assessment Officer with a signed statement from
2		the applicant's physician stating the nature and extent of the
3		condition, that, in the physician's opinion, the condition was
4		so severe that it rendered the applicant incapable of filing
5		the application in a timely manner, and the date on which the
6		applicant regained the capability to file the application.
7		Beginning January 1, 1998, notwithstanding any other
8		provision to the contrary, in counties having fewer than
9		3,000,000 inhabitants, if an applicant fails to file the
10		application required by this Section in a timely manner and
11		this failure to file is due to a mental or physical condition
12		sufficiently severe so as to render the applicant incapable of
13		filing the application in a timely manner, the Chief County
14		Assessment Officer may extend the filing deadline for a period
15		of 3 months. In order to receive the extension provided in this
16		paragraph, the applicant shall provide the Chief County
17		Assessment Officer with a signed statement from the applicant's
18		physician stating the nature and extent of the condition, and
19		that, in the physician's opinion, the condition was so severe
20		that it rendered the applicant incapable of filing the
21		application in a timely manner.
22		In counties having less than 3,000,000 inhabitants, if an
23		applicant was denied an exemption in taxable year 1994 and the
24		denial occurred due to an error on the part of an assessment
25		official, or his or her agent or employee, then beginning in
26		taxable year 1997 the applicant's base year, for purposes of

SB3733 Engrossed - 560 - LRB096 19592 AMC 34984 b
1		determining the amount of the exemption, shall be 1993 rather
2		than 1994. In addition, in taxable year 1997, the applicant's
3		exemption shall also include an amount equal to (i) the amount
4		of any exemption denied to the applicant in taxable year 1995
5		as a result of using 1994, rather than 1993, as the base year,
6		(ii) the amount of any exemption denied to the applicant in
7		taxable year 1996 as a result of using 1994, rather than 1993,
8		as the base year, and (iii) the amount of the exemption
9		erroneously denied for taxable year 1994.
10		For purposes of this Section, a person who will be 65 years
11		of age during the current taxable year shall be eligible to
12		apply for the homestead exemption during that taxable year.
13		Application shall be made during the application period in
14		effect for the county of his or her residence.
15		The Chief County Assessment Officer may determine the
16		eligibility of a life care facility that qualifies as a
17		cooperative to receive the benefits provided by this Section by
18		use of an affidavit, application, visual inspection,
19		questionnaire, or other reasonable method in order to insure
20		that the tax savings resulting from the exemption are credited
21		by the management firm to the apportioned tax liability of each
22		qualifying resident. The Chief County Assessment Officer may
23		request reasonable proof that the management firm has so
24		credited that exemption.
25		Except as provided in this Section, all information
26		received by the chief county assessment officer or the

SB3733 Engrossed - 561 - LRB096 19592 AMC 34984 b
1		Department from applications filed under this Section, or from
2		any investigation conducted under the provisions of this
3		Section, shall be confidential, except for official purposes or
4		pursuant to official procedures for collection of any State or
5		local tax or enforcement of any civil or criminal penalty or
6		sanction imposed by this Act or by any statute or ordinance
7		imposing a State or local tax. Any person who divulges any such
8		information in any manner, except in accordance with a proper
9		judicial order, is guilty of a Class A misdemeanor.
10		Nothing contained in this Section shall prevent the
11		Director or chief county assessment officer from publishing or
12		making available reasonable statistics concerning the
13		operation of the exemption contained in this Section in which
14		the contents of claims are grouped into aggregates in such a
15		way that information contained in any individual claim shall
16		not be disclosed.
17		(d) Each Chief County Assessment Officer shall annually
18		publish a notice of availability of the exemption provided
19		under this Section. The notice shall be published at least 60
20		days but no more than 75 days prior to the date on which the
21		application must be submitted to the Chief County Assessment
22		Officer of the county in which the property is located. The
23		notice shall appear in a newspaper of general circulation in
24		the county.
25		Notwithstanding Sections 6 and 8 of the State Mandates Act,
26		no reimbursement by the State is required for the

SB3733 Engrossed - 562 - LRB096 19592 AMC 34984 b
1		implementation of any mandate created by this Section.
2		(Source: P.A. 95-644, eff. 10-12-07; 96-339, eff. 7-1-10;
3		96-355, eff. 1-1-10; revised 9-25-09)
4		(35 ILCS 200/18-185)
5		Sec. 18-185. Short title; definitions. This Division 5 may
6		be cited as the Property Tax Extension Limitation Law. As used
7		in this Division 5:
8		"Consumer Price Index" means the Consumer Price Index for
9		All Urban Consumers for all items published by the United
10		States Department of Labor.
11		"Extension limitation" means (a) the lesser of 5% or the
12		percentage increase in the Consumer Price Index during the
13		12-month calendar year preceding the levy year or (b) the rate
14		of increase approved by voters under Section 18-205.
15		"Affected county" means a county of 3,000,000 or more
16		inhabitants or a county contiguous to a county of 3,000,000 or
17		more inhabitants.
18		"Taxing district" has the same meaning provided in Section
19		1-150, except as otherwise provided in this Section. For the
20		1991 through 1994 levy years only, "taxing district" includes
21		only each non-home rule taxing district having the majority of
22		its 1990 equalized assessed value within any county or counties
23		contiguous to a county with 3,000,000 or more inhabitants.
24		Beginning with the 1995 levy year, "taxing district" includes
25		only each non-home rule taxing district subject to this Law

SB3733 Engrossed - 563 - LRB096 19592 AMC 34984 b
1		before the 1995 levy year and each non-home rule taxing
2		district not subject to this Law before the 1995 levy year
3		having the majority of its 1994 equalized assessed value in an
4		affected county or counties. Beginning with the levy year in
5		which this Law becomes applicable to a taxing district as
6		provided in Section 18-213, "taxing district" also includes
7		those taxing districts made subject to this Law as provided in
8		Section 18-213.
9		"Aggregate extension" for taxing districts to which this
10		Law applied before the 1995 levy year means the annual
11		corporate extension for the taxing district and those special
12		purpose extensions that are made annually for the taxing
13		district, excluding special purpose extensions: (a) made for
14		the taxing district to pay interest or principal on general
15		obligation bonds that were approved by referendum; (b) made for
16		any taxing district to pay interest or principal on general
17		obligation bonds issued before October 1, 1991; (c) made for
18		any taxing district to pay interest or principal on bonds
19		issued to refund or continue to refund those bonds issued
20		before October 1, 1991; (d) made for any taxing district to pay
21		interest or principal on bonds issued to refund or continue to
22		refund bonds issued after October 1, 1991 that were approved by
23		referendum; (e) made for any taxing district to pay interest or
24		principal on revenue bonds issued before October 1, 1991 for
25		payment of which a property tax levy or the full faith and
26		credit of the unit of local government is pledged; however, a

SB3733 Engrossed - 564 - LRB096 19592 AMC 34984 b
1		tax for the payment of interest or principal on those bonds
2		shall be made only after the governing body of the unit of
3		local government finds that all other sources for payment are
4		insufficient to make those payments; (f) made for payments
5		under a building commission lease when the lease payments are
6		for the retirement of bonds issued by the commission before
7		October 1, 1991, to pay for the building project; (g) made for
8		payments due under installment contracts entered into before
9		October 1, 1991; (h) made for payments of principal and
10		interest on bonds issued under the Metropolitan Water
11		Reclamation District Act to finance construction projects
12		initiated before October 1, 1991; (i) made for payments of
13		principal and interest on limited bonds, as defined in Section
14		3 of the Local Government Debt Reform Act, in an amount not to
15		exceed the debt service extension base less the amount in items
16		(b), (c), (e), and (h) of this definition for non-referendum
17		obligations, except obligations initially issued pursuant to
18		referendum; (j) made for payments of principal and interest on
19		bonds issued under Section 15 of the Local Government Debt
20		Reform Act; (k) made by a school district that participates in
21		the Special Education District of Lake County, created by
22		special education joint agreement under Section 10-22.31 of the
23		School Code, for payment of the school district's share of the
24		amounts required to be contributed by the Special Education
25		District of Lake County to the Illinois Municipal Retirement
26		Fund under Article 7 of the Illinois Pension Code; the amount

SB3733 Engrossed - 565 - LRB096 19592 AMC 34984 b
1		of any extension under this item (k) shall be certified by the
2		school district to the county clerk; (l) made to fund expenses
3		of providing joint recreational programs for the handicapped
4		under Section 5-8 of the Park District Code or Section 11-95-14
5		of the Illinois Municipal Code; (m) made for temporary
6		relocation loan repayment purposes pursuant to Sections 2-3.77
7		and 17-2.2d of the School Code; (n) made for payment of
8		principal and interest on any bonds issued under the authority
9		of Section 17-2.2d of the School Code; and (o) made for
10		contributions to a firefighter's pension fund created under
11		Article 4 of the Illinois Pension Code, to the extent of the
12		amount certified under item (5) of Section 4-134 of the
13		Illinois Pension Code.
14		"Aggregate extension" for the taxing districts to which
15		this Law did not apply before the 1995 levy year (except taxing
16		districts subject to this Law in accordance with Section
17		18-213) means the annual corporate extension for the taxing
18		district and those special purpose extensions that are made
19		annually for the taxing district, excluding special purpose
20		extensions: (a) made for the taxing district to pay interest or
21		principal on general obligation bonds that were approved by
22		referendum; (b) made for any taxing district to pay interest or
23		principal on general obligation bonds issued before March 1,
24		1995; (c) made for any taxing district to pay interest or
25		principal on bonds issued to refund or continue to refund those
26		bonds issued before March 1, 1995; (d) made for any taxing

SB3733 Engrossed - 566 - LRB096 19592 AMC 34984 b
1		district to pay interest or principal on bonds issued to refund
2		or continue to refund bonds issued after March 1, 1995 that
3		were approved by referendum; (e) made for any taxing district
4		to pay interest or principal on revenue bonds issued before
5		March 1, 1995 for payment of which a property tax levy or the
6		full faith and credit of the unit of local government is
7		pledged; however, a tax for the payment of interest or
8		principal on those bonds shall be made only after the governing
9		body of the unit of local government finds that all other
10		sources for payment are insufficient to make those payments;
11		(f) made for payments under a building commission lease when
12		the lease payments are for the retirement of bonds issued by
13		the commission before March 1, 1995 to pay for the building
14		project; (g) made for payments due under installment contracts
15		entered into before March 1, 1995; (h) made for payments of
16		principal and interest on bonds issued under the Metropolitan
17		Water Reclamation District Act to finance construction
18		projects initiated before October 1, 1991; (h-4) made for
19		stormwater management purposes by the Metropolitan Water
20		Reclamation District of Greater Chicago under Section 12 of the
21		Metropolitan Water Reclamation District Act; (i) made for
22		payments of principal and interest on limited bonds, as defined
23		in Section 3 of the Local Government Debt Reform Act, in an
24		amount not to exceed the debt service extension base less the
25		amount in items (b), (c), and (e) of this definition for
26		non-referendum obligations, except obligations initially

SB3733 Engrossed - 567 - LRB096 19592 AMC 34984 b
1		issued pursuant to referendum and bonds described in subsection
2		(h) of this definition; (j) made for payments of principal and
3		interest on bonds issued under Section 15 of the Local
4		Government Debt Reform Act; (k) made for payments of principal
5		and interest on bonds authorized by Public Act 88-503 and
6		issued under Section 20a of the Chicago Park District Act for
7		aquarium or museum projects; (l) made for payments of principal
8		and interest on bonds authorized by Public Act 87-1191 or
9		93-601 and (i) issued pursuant to Section 21.2 of the Cook
10		County Forest Preserve District Act, (ii) issued under Section
11		42 of the Cook County Forest Preserve District Act for
12		zoological park projects, or (iii) issued under Section 44.1 of
13		the Cook County Forest Preserve District Act for botanical
14		gardens projects; (m) made pursuant to Section 34-53.5 of the
15		School Code, whether levied annually or not; (n) made to fund
16		expenses of providing joint recreational programs for the
17		handicapped under Section 5-8 of the Park District Code or
18		Section 11-95-14 of the Illinois Municipal Code; (o) made by
19		the Chicago Park District for recreational programs for the
20		handicapped under subsection (c) of Section 7.06 of the Chicago
21		Park District Act; (p) made for contributions to a
22		firefighter's pension fund created under Article 4 of the
23		Illinois Pension Code, to the extent of the amount certified
24		under item (5) of Section 4-134 of the Illinois Pension Code;
25		and (q) made by Ford Heights School District 169 under Section
26		17-9.02 of the School Code.

SB3733 Engrossed - 568 - LRB096 19592 AMC 34984 b
1		"Aggregate extension" for all taxing districts to which
2		this Law applies in accordance with Section 18-213, except for
3		those taxing districts subject to paragraph (2) of subsection
4		(e) of Section 18-213, means the annual corporate extension for
5		the taxing district and those special purpose extensions that
6		are made annually for the taxing district, excluding special
7		purpose extensions: (a) made for the taxing district to pay
8		interest or principal on general obligation bonds that were
9		approved by referendum; (b) made for any taxing district to pay
10		interest or principal on general obligation bonds issued before
11		the date on which the referendum making this Law applicable to
12		the taxing district is held; (c) made for any taxing district
13		to pay interest or principal on bonds issued to refund or
14		continue to refund those bonds issued before the date on which
15		the referendum making this Law applicable to the taxing
16		district is held; (d) made for any taxing district to pay
17		interest or principal on bonds issued to refund or continue to
18		refund bonds issued after the date on which the referendum
19		making this Law applicable to the taxing district is held if
20		the bonds were approved by referendum after the date on which
21		the referendum making this Law applicable to the taxing
22		district is held; (e) made for any taxing district to pay
23		interest or principal on revenue bonds issued before the date
24		on which the referendum making this Law applicable to the
25		taxing district is held for payment of which a property tax
26		levy or the full faith and credit of the unit of local

SB3733 Engrossed - 569 - LRB096 19592 AMC 34984 b
1		government is pledged; however, a tax for the payment of
2		interest or principal on those bonds shall be made only after
3		the governing body of the unit of local government finds that
4		all other sources for payment are insufficient to make those
5		payments; (f) made for payments under a building commission
6		lease when the lease payments are for the retirement of bonds
7		issued by the commission before the date on which the
8		referendum making this Law applicable to the taxing district is
9		held to pay for the building project; (g) made for payments due
10		under installment contracts entered into before the date on
11		which the referendum making this Law applicable to the taxing
12		district is held; (h) made for payments of principal and
13		interest on limited bonds, as defined in Section 3 of the Local
14		Government Debt Reform Act, in an amount not to exceed the debt
15		service extension base less the amount in items (b), (c), and
16		(e) of this definition for non-referendum obligations, except
17		obligations initially issued pursuant to referendum; (i) made
18		for payments of principal and interest on bonds issued under
19		Section 15 of the Local Government Debt Reform Act; (j) made
20		for a qualified airport authority to pay interest or principal
21		on general obligation bonds issued for the purpose of paying
22		obligations due under, or financing airport facilities
23		required to be acquired, constructed, installed or equipped
24		pursuant to, contracts entered into before March 1, 1996 (but
25		not including any amendments to such a contract taking effect
26		on or after that date); (k) made to fund expenses of providing

SB3733 Engrossed - 570 - LRB096 19592 AMC 34984 b
1		joint recreational programs for the handicapped under Section
2		5-8 of the Park District Code or Section 11-95-14 of the
3		Illinois Municipal Code; (l) made for contributions to a
4		firefighter's pension fund created under Article 4 of the
5		Illinois Pension Code, to the extent of the amount certified
6		under item (5) of Section 4-134 of the Illinois Pension Code;
7		and (m) made for the taxing district to pay interest or
8		principal on general obligation bonds issued pursuant to
9		Section 19-3.10 of the School Code.
10		"Aggregate extension" for all taxing districts to which
11		this Law applies in accordance with paragraph (2) of subsection
12		(e) of Section 18-213 means the annual corporate extension for
13		the taxing district and those special purpose extensions that
14		are made annually for the taxing district, excluding special
15		purpose extensions: (a) made for the taxing district to pay
16		interest or principal on general obligation bonds that were
17		approved by referendum; (b) made for any taxing district to pay
18		interest or principal on general obligation bonds issued before
19		the effective date of this amendatory Act of 1997; (c) made for
20		any taxing district to pay interest or principal on bonds
21		issued to refund or continue to refund those bonds issued
22		before the effective date of this amendatory Act of 1997; (d)
23		made for any taxing district to pay interest or principal on
24		bonds issued to refund or continue to refund bonds issued after
25		the effective date of this amendatory Act of 1997 if the bonds
26		were approved by referendum after the effective date of this

SB3733 Engrossed - 571 - LRB096 19592 AMC 34984 b
1		amendatory Act of 1997; (e) made for any taxing district to pay
2		interest or principal on revenue bonds issued before the
3		effective date of this amendatory Act of 1997 for payment of
4		which a property tax levy or the full faith and credit of the
5		unit of local government is pledged; however, a tax for the
6		payment of interest or principal on those bonds shall be made
7		only after the governing body of the unit of local government
8		finds that all other sources for payment are insufficient to
9		make those payments; (f) made for payments under a building
10		commission lease when the lease payments are for the retirement
11		of bonds issued by the commission before the effective date of
12		this amendatory Act of 1997 to pay for the building project;
13		(g) made for payments due under installment contracts entered
14		into before the effective date of this amendatory Act of 1997;
15		(h) made for payments of principal and interest on limited
16		bonds, as defined in Section 3 of the Local Government Debt
17		Reform Act, in an amount not to exceed the debt service
18		extension base less the amount in items (b), (c), and (e) of
19		this definition for non-referendum obligations, except
20		obligations initially issued pursuant to referendum; (i) made
21		for payments of principal and interest on bonds issued under
22		Section 15 of the Local Government Debt Reform Act; (j) made
23		for a qualified airport authority to pay interest or principal
24		on general obligation bonds issued for the purpose of paying
25		obligations due under, or financing airport facilities
26		required to be acquired, constructed, installed or equipped

SB3733 Engrossed - 572 - LRB096 19592 AMC 34984 b
1		pursuant to, contracts entered into before March 1, 1996 (but
2		not including any amendments to such a contract taking effect
3		on or after that date); (k) made to fund expenses of providing
4		joint recreational programs for the handicapped under Section
5		5-8 of the Park District Code or Section 11-95-14 of the
6		Illinois Municipal Code; and (l) made for contributions to a
7		firefighter's pension fund created under Article 4 of the
8		Illinois Pension Code, to the extent of the amount certified
9		under item (5) of Section 4-134 of the Illinois Pension Code.
10		"Debt service extension base" means an amount equal to that
11		portion of the extension for a taxing district for the 1994
12		levy year, or for those taxing districts subject to this Law in
13		accordance with Section 18-213, except for those subject to
14		paragraph (2) of subsection (e) of Section 18-213, for the levy
15		year in which the referendum making this Law applicable to the
16		taxing district is held, or for those taxing districts subject
17		to this Law in accordance with paragraph (2) of subsection (e)
18		of Section 18-213 for the 1996 levy year, constituting an
19		extension for payment of principal and interest on bonds issued
20		by the taxing district without referendum, increased each year,
21		commencing with the 2009 levy year, by the lesser of 5% or the
22		percentage increase in the Consumer Price Index during the
23		12-month calendar year preceding the levy year, but not
24		including excluded non-referendum bonds. For park districts
25		(i) that were first subject to this Law in 1991 or 1995 and
26		(ii) whose extension for the 1994 levy year for the payment of

SB3733 Engrossed - 573 - LRB096 19592 AMC 34984 b
1		principal and interest on bonds issued by the park district
2		without referendum (but not including excluded non-referendum
3		bonds) was less than 51% of the amount for the 1991 levy year
4		constituting an extension for payment of principal and interest
5		on bonds issued by the park district without referendum (but
6		not including excluded non-referendum bonds), "debt service
7		extension base" means an amount equal to that portion of the
8		extension for the 1991 levy year constituting an extension for
9		payment of principal and interest on bonds issued by the park
10		district without referendum (but not including excluded
11		non-referendum bonds). The debt service extension base may be
12		established or increased as provided under Section 18-212.
13		"Excluded non-referendum bonds" means (i) bonds authorized by
14		Public Act 88-503 and issued under Section 20a of the Chicago
15		Park District Act for aquarium and museum projects; (ii) bonds
16		issued under Section 15 of the Local Government Debt Reform
17		Act; or (iii) refunding obligations issued to refund or to
18		continue to refund obligations initially issued pursuant to
19		referendum.
20		"Special purpose extensions" include, but are not limited
21		to, extensions for levies made on an annual basis for
22		unemployment and workers' compensation, self-insurance,
23		contributions to pension plans, and extensions made pursuant to
24		Section 6-601 of the Illinois Highway Code for a road
25		district's permanent road fund whether levied annually or not.
26		The extension for a special service area is not included in the

SB3733 Engrossed - 574 - LRB096 19592 AMC 34984 b
1		aggregate extension.
2		"Aggregate extension base" means the taxing district's
3		last preceding aggregate extension as adjusted under Sections
4		18-135, 18-215, and 18-230. An adjustment under Section 18-135
5		shall be made for the 2007 levy year and all subsequent levy
6		years whenever one or more counties within which a taxing
7		district is located (i) used estimated valuations or rates when
8		extending taxes in the taxing district for the last preceding
9		levy year that resulted in the over or under extension of
10		taxes, or (ii) increased or decreased the tax extension for the
11		last preceding levy year as required by Section 18-135(c).
12		Whenever an adjustment is required under Section 18-135, the
13		aggregate extension base of the taxing district shall be equal
14		to the amount that the aggregate extension of the taxing
15		district would have been for the last preceding levy year if
16		either or both (i) actual, rather than estimated, valuations or
17		rates had been used to calculate the extension of taxes for the
18		last levy year, or (ii) the tax extension for the last
19		preceding levy year had not been adjusted as required by
20		subsection (c) of Section 18-135.
21		"Levy year" has the same meaning as "year" under Section
22		1-155.
23		"New property" means (i) the assessed value, after final
24		board of review or board of appeals action, of new improvements
25		or additions to existing improvements on any parcel of real
26		property that increase the assessed value of that real property

SB3733 Engrossed - 575 - LRB096 19592 AMC 34984 b
1		during the levy year multiplied by the equalization factor
2		issued by the Department under Section 17-30, (ii) the assessed
3		value, after final board of review or board of appeals action,
4		of real property not exempt from real estate taxation, which
5		real property was exempt from real estate taxation for any
6		portion of the immediately preceding levy year, multiplied by
7		the equalization factor issued by the Department under Section
8		17-30, including the assessed value, upon final stabilization
9		of occupancy after new construction is complete, of any real
10		property located within the boundaries of an otherwise or
11		previously exempt military reservation that is intended for
12		residential use and owned by or leased to a private corporation
13		or other entity, and (iii) in counties that classify in
14		accordance with Section 4 of Article IX of the Illinois
15		Constitution, an incentive property's additional assessed
16		value resulting from a scheduled increase in the level of
17		assessment as applied to the first year final board of review
18		market value. In addition, the county clerk in a county
19		containing a population of 3,000,000 or more shall include in
20		the 1997 recovered tax increment value for any school district,
21		any recovered tax increment value that was applicable to the
22		1995 tax year calculations.
23		"Qualified airport authority" means an airport authority
24		organized under the Airport Authorities Act and located in a
25		county bordering on the State of Wisconsin and having a
26		population in excess of 200,000 and not greater than 500,000.

SB3733 Engrossed - 576 - LRB096 19592 AMC 34984 b
1		"Recovered tax increment value" means, except as otherwise
2		provided in this paragraph, the amount of the current year's
3		equalized assessed value, in the first year after a
4		municipality terminates the designation of an area as a
5		redevelopment project area previously established under the
6		Tax Increment Allocation Development Act in the Illinois
7		Municipal Code, previously established under the Industrial
8		Jobs Recovery Law in the Illinois Municipal Code, previously
9		established under the Economic Development Project Area Tax
10		Increment Act of 1995, or previously established under the
11		Economic Development Area Tax Increment Allocation Act, of each
12		taxable lot, block, tract, or parcel of real property in the
13		redevelopment project area over and above the initial equalized
14		assessed value of each property in the redevelopment project
15		area. For the taxes which are extended for the 1997 levy year,
16		the recovered tax increment value for a non-home rule taxing
17		district that first became subject to this Law for the 1995
18		levy year because a majority of its 1994 equalized assessed
19		value was in an affected county or counties shall be increased
20		if a municipality terminated the designation of an area in 1993
21		as a redevelopment project area previously established under
22		the Tax Increment Allocation Development Act in the Illinois
23		Municipal Code, previously established under the Industrial
24		Jobs Recovery Law in the Illinois Municipal Code, or previously
25		established under the Economic Development Area Tax Increment
26		Allocation Act, by an amount equal to the 1994 equalized

SB3733 Engrossed - 577 - LRB096 19592 AMC 34984 b
1		assessed value of each taxable lot, block, tract, or parcel of
2		real property in the redevelopment project area over and above
3		the initial equalized assessed value of each property in the
4		redevelopment project area. In the first year after a
5		municipality removes a taxable lot, block, tract, or parcel of
6		real property from a redevelopment project area established
7		under the Tax Increment Allocation Development Act in the
8		Illinois Municipal Code, the Industrial Jobs Recovery Law in
9		the Illinois Municipal Code, or the Economic Development Area
10		Tax Increment Allocation Act, "recovered tax increment value"
11		means the amount of the current year's equalized assessed value
12		of each taxable lot, block, tract, or parcel of real property
13		removed from the redevelopment project area over and above the
14		initial equalized assessed value of that real property before
15		removal from the redevelopment project area.
16		Except as otherwise provided in this Section, "limiting
17		rate" means a fraction the numerator of which is the last
18		preceding aggregate extension base times an amount equal to one
19		plus the extension limitation defined in this Section and the
20		denominator of which is the current year's equalized assessed
21		value of all real property in the territory under the
22		jurisdiction of the taxing district during the prior levy year.
23		For those taxing districts that reduced their aggregate
24		extension for the last preceding levy year, the highest
25		aggregate extension in any of the last 3 preceding levy years
26		shall be used for the purpose of computing the limiting rate.

SB3733 Engrossed - 578 - LRB096 19592 AMC 34984 b
1		The denominator shall not include new property or the recovered
2		tax increment value. If a new rate, a rate decrease, or a
3		limiting rate increase has been approved at an election held
4		after March 21, 2006, then (i) the otherwise applicable
5		limiting rate shall be increased by the amount of the new rate
6		or shall be reduced by the amount of the rate decrease, as the
7		case may be, or (ii) in the case of a limiting rate increase,
8		the limiting rate shall be equal to the rate set forth in the
9		proposition approved by the voters for each of the years
10		specified in the proposition, after which the limiting rate of
11		the taxing district shall be calculated as otherwise provided.
12		(Source: P.A. 95-90, eff. 1-1-08; 95-331, eff. 8-21-07; 95-404,
13		eff. 1-1-08; 95-876, eff. 8-21-08; 96-501, eff. 8-14-09;
14		96-517, eff. 8-14-09; revised 9-15-09.)
15		Section 220. The Motor Fuel Tax Law is amended by changing
16		Section 8 as follows:
17		(35 ILCS 505/8) (from Ch. 120, par. 424)
18		Sec. 8. Except as provided in Section 8a, subdivision
19		(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
20		16 of Section 15, all money received by the Department under
21		this Act, including payments made to the Department by member
22		jurisdictions participating in the International Fuel Tax
23		Agreement, shall be deposited in a special fund in the State
24		treasury, to be known as the "Motor Fuel Tax Fund", and shall

SB3733 Engrossed - 579 - LRB096 19592 AMC 34984 b
1		be used as follows:
2		(a) 2 1/2 cents per gallon of the tax collected on special
3		fuel under paragraph (b) of Section 2 and Section 13a of this
4		Act shall be transferred to the State Construction Account Fund
5		in the State Treasury;
6		(b) $420,000 shall be transferred each month to the State
7		Boating Act Fund to be used by the Department of Natural
8		Resources for the purposes specified in Article X of the Boat
9		Registration and Safety Act;
10		(c) $3,500,000 shall be transferred each month to the Grade
11		Crossing Protection Fund to be used as follows: not less than
12		$12,000,000 each fiscal year shall be used for the construction
13		or reconstruction of rail highway grade separation structures;
14		$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
15		fiscal year 2010 and each fiscal year thereafter shall be
16		transferred to the Transportation Regulatory Fund and shall be
17		accounted for as part of the rail carrier portion of such funds
18		and shall be used to pay the cost of administration of the
19		Illinois Commerce Commission's railroad safety program in
20		connection with its duties under subsection (3) of Section
21		18c-7401 of the Illinois Vehicle Code, with the remainder to be
22		used by the Department of Transportation upon order of the
23		Illinois Commerce Commission, to pay that part of the cost
24		apportioned by such Commission to the State to cover the
25		interest of the public in the use of highways, roads, streets,
26		or pedestrian walkways in the county highway system, township

SB3733 Engrossed - 580 - LRB096 19592 AMC 34984 b
1		and district road system, or municipal street system as defined
2		in the Illinois Highway Code, as the same may from time to time
3		be amended, for separation of grades, for installation,
4		construction or reconstruction of crossing protection or
5		reconstruction, alteration, relocation including construction
6		or improvement of any existing highway necessary for access to
7		property or improvement of any grade crossing and grade
8		crossing surface including the necessary highway approaches
9		thereto of any railroad across the highway or public road, or
10		for the installation, construction, reconstruction, or
11		maintenance of a pedestrian walkway over or under a railroad
12		right-of-way, as provided for in and in accordance with Section
13		18c-7401 of the Illinois Vehicle Code. The Commission may order
14		up to $2,000,000 per year in Grade Crossing Protection Fund
15		moneys for the improvement of grade crossing surfaces and up to
16		$300,000 per year for the maintenance and renewal of 4-quadrant
17		gate vehicle detection systems located at non-high speed rail
18		grade crossings. The Commission shall not order more than
19		$2,000,000 per year in Grade Crossing Protection Fund moneys
20		for pedestrian walkways. In entering orders for projects for
21		which payments from the Grade Crossing Protection Fund will be
22		made, the Commission shall account for expenditures authorized
23		by the orders on a cash rather than an accrual basis. For
24		purposes of this requirement an "accrual basis" assumes that
25		the total cost of the project is expended in the fiscal year in
26		which the order is entered, while a "cash basis" allocates the

SB3733 Engrossed - 581 - LRB096 19592 AMC 34984 b
1		cost of the project among fiscal years as expenditures are
2		actually made. To meet the requirements of this subsection, the
3		Illinois Commerce Commission shall develop annual and 5-year
4		project plans of rail crossing capital improvements that will
5		be paid for with moneys from the Grade Crossing Protection
6		Fund. The annual project plan shall identify projects for the
7		succeeding fiscal year and the 5-year project plan shall
8		identify projects for the 5 directly succeeding fiscal years.
9		The Commission shall submit the annual and 5-year project plans
10		for this Fund to the Governor, the President of the Senate, the
11		Senate Minority Leader, the Speaker of the House of
12		Representatives, and the Minority Leader of the House of
13		Representatives on the first Wednesday in April of each year;
14		(d) of the amount remaining after allocations provided for
15		in subsections (a), (b) and (c), a sufficient amount shall be
16		reserved to pay all of the following:
17		(1) the costs of the Department of Revenue in
18		administering this Act;
19		(2) the costs of the Department of Transportation in
20		performing its duties imposed by the Illinois Highway Code
21		for supervising the use of motor fuel tax funds apportioned
22		to municipalities, counties and road districts;
23		(3) refunds provided for in Section 13 of this Act and
24		under the terms of the International Fuel Tax Agreement
25		referenced in Section 14a;
26		(4) from October 1, 1985 until June 30, 1994, the

SB3733 Engrossed - 582 - LRB096 19592 AMC 34984 b
1		administration of the Vehicle Emissions Inspection Law,
2		which amount shall be certified monthly by the
3		Environmental Protection Agency to the State Comptroller
4		and shall promptly be transferred by the State Comptroller
5		and Treasurer from the Motor Fuel Tax Fund to the Vehicle
6		Inspection Fund, and for the period July 1, 1994 through
7		June 30, 2000, one-twelfth of $25,000,000 each month, for
8		the period July 1, 2000 through June 30, 2003, one-twelfth
9		of $30,000,000 each month, and $15,000,000 on July 1, 2003,
10		and $15,000,000 on January 1, 2004, and $15,000,000 on each
11		July 1 and October 1, or as soon thereafter as may be
12		practical, during the period July 1, 2004 through June 30,
13		2010, for the administration of the Vehicle Emissions
14		Inspection Law of 2005, to be transferred by the State
15		Comptroller and Treasurer from the Motor Fuel Tax Fund into
16		the Vehicle Inspection Fund;
17		(5) amounts ordered paid by the Court of Claims; and
18		(6) payment of motor fuel use taxes due to member
19		jurisdictions under the terms of the International Fuel Tax
20		Agreement. The Department shall certify these amounts to
21		the Comptroller by the 15th day of each month; the
22		Comptroller shall cause orders to be drawn for such
23		amounts, and the Treasurer shall administer those amounts
24		on or before the last day of each month;
25		(e) after allocations for the purposes set forth in
26		subsections (a), (b), (c) and (d), the remaining amount shall

SB3733 Engrossed - 583 - LRB096 19592 AMC 34984 b
1		be apportioned as follows:
2		(1) Until January 1, 2000, 58.4%, and beginning January
3		1, 2000, 45.6% shall be deposited as follows:
4		(A) 37% into the State Construction Account Fund,
5		and
6		(B) 63% into the Road Fund, $1,250,000 of which
7		shall be reserved each month for the Department of
8		Transportation to be used in accordance with the
9		provisions of Sections 6-901 through 6-906 of the
10		Illinois Highway Code;
11		(2) Until January 1, 2000, 41.6%, and beginning January
12		1, 2000, 54.4% shall be transferred to the Department of
13		Transportation to be distributed as follows:
14		(A) 49.10% to the municipalities of the State,
15		(B) 16.74% to the counties of the State having
16		1,000,000 or more inhabitants,
17		(C) 18.27% to the counties of the State having less
18		than 1,000,000 inhabitants,
19		(D) 15.89% to the road districts of the State.
20		As soon as may be after the first day of each month the
21		Department of Transportation shall allot to each municipality
22		its share of the amount apportioned to the several
23		municipalities which shall be in proportion to the population
24		of such municipalities as determined by the last preceding
25		municipal census if conducted by the Federal Government or
26		Federal census. If territory is annexed to any municipality

SB3733 Engrossed - 584 - LRB096 19592 AMC 34984 b
1		subsequent to the time of the last preceding census the
2		corporate authorities of such municipality may cause a census
3		to be taken of such annexed territory and the population so
4		ascertained for such territory shall be added to the population
5		of the municipality as determined by the last preceding census
6		for the purpose of determining the allotment for that
7		municipality. If the population of any municipality was not
8		determined by the last Federal census preceding any
9		apportionment, the apportionment to such municipality shall be
10		in accordance with any census taken by such municipality. Any
11		municipal census used in accordance with this Section shall be
12		certified to the Department of Transportation by the clerk of
13		such municipality, and the accuracy thereof shall be subject to
14		approval of the Department which may make such corrections as
15		it ascertains to be necessary.
16		As soon as may be after the first day of each month the
17		Department of Transportation shall allot to each county its
18		share of the amount apportioned to the several counties of the
19		State as herein provided. Each allotment to the several
20		counties having less than 1,000,000 inhabitants shall be in
21		proportion to the amount of motor vehicle license fees received
22		from the residents of such counties, respectively, during the
23		preceding calendar year. The Secretary of State shall, on or
24		before April 15 of each year, transmit to the Department of
25		Transportation a full and complete report showing the amount of
26		motor vehicle license fees received from the residents of each

SB3733 Engrossed - 585 - LRB096 19592 AMC 34984 b
1		county, respectively, during the preceding calendar year. The
2		Department of Transportation shall, each month, use for
3		allotment purposes the last such report received from the
4		Secretary of State.
5		As soon as may be after the first day of each month, the
6		Department of Transportation shall allot to the several
7		counties their share of the amount apportioned for the use of
8		road districts. The allotment shall be apportioned among the
9		several counties in the State in the proportion which the total
10		mileage of township or district roads in the respective
11		counties bears to the total mileage of all township and
12		district roads in the State. Funds allotted to the respective
13		counties for the use of road districts therein shall be
14		allocated to the several road districts in the county in the
15		proportion which the total mileage of such township or district
16		roads in the respective road districts bears to the total
17		mileage of all such township or district roads in the county.
18		After July 1 of any year, no allocation shall be made for any
19		road district unless it levied a tax for road and bridge
20		purposes in an amount which will require the extension of such
21		tax against the taxable property in any such road district at a
22		rate of not less than either .08% of the value thereof, based
23		upon the assessment for the year immediately prior to the year
24		in which such tax was levied and as equalized by the Department
25		of Revenue or, in DuPage County, an amount equal to or greater
26		than $12,000 per mile of road under the jurisdiction of the

SB3733 Engrossed - 586 - LRB096 19592 AMC 34984 b
1		road district, whichever is less. If any road district has
2		levied a special tax for road purposes pursuant to Sections
3		6-601, 6-602 and 6-603 of the Illinois Highway Code, and such
4		tax was levied in an amount which would require extension at a
5		rate of not less than .08% of the value of the taxable property
6		thereof, as equalized or assessed by the Department of Revenue,
7		or, in DuPage County, an amount equal to or greater than
8		$12,000 per mile of road under the jurisdiction of the road
9		district, whichever is less, such levy shall, however, be
10		deemed a proper compliance with this Section and shall qualify
11		such road district for an allotment under this Section. If a
12		township has transferred to the road and bridge fund money
13		which, when added to the amount of any tax levy of the road
14		district would be the equivalent of a tax levy requiring
15		extension at a rate of at least .08%, or, in DuPage County, an
16		amount equal to or greater than $12,000 per mile of road under
17		the jurisdiction of the road district, whichever is less, such
18		transfer, together with any such tax levy, shall be deemed a
19		proper compliance with this Section and shall qualify the road
20		district for an allotment under this Section.
21		In counties in which a property tax extension limitation is
22		imposed under the Property Tax Extension Limitation Law, road
23		districts may retain their entitlement to a motor fuel tax
24		allotment if, at the time the property tax extension limitation
25		was imposed, the road district was levying a road and bridge
26		tax at a rate sufficient to entitle it to a motor fuel tax

SB3733 Engrossed - 587 - LRB096 19592 AMC 34984 b
1		allotment and continues to levy the maximum allowable amount
2		after the imposition of the property tax extension limitation.
3		Any road district may in all circumstances retain its
4		entitlement to a motor fuel tax allotment if it levied a road
5		and bridge tax in an amount that will require the extension of
6		the tax against the taxable property in the road district at a
7		rate of not less than 0.08% of the assessed value of the
8		property, based upon the assessment for the year immediately
9		preceding the year in which the tax was levied and as equalized
10		by the Department of Revenue or, in DuPage County, an amount
11		equal to or greater than $12,000 per mile of road under the
12		jurisdiction of the road district, whichever is less.
13		As used in this Section the term "road district" means any
14		road district, including a county unit road district, provided
15		for by the Illinois Highway Code; and the term "township or
16		district road" means any road in the township and district road
17		system as defined in the Illinois Highway Code. For the
18		purposes of this Section, "road district" also includes park
19		districts, forest preserve districts and conservation
20		districts organized under Illinois law and "township or
21		district road" also includes such roads as are maintained by
22		park districts, forest preserve districts and conservation
23		districts. The Department of Transportation shall determine
24		the mileage of all township and district roads for the purposes
25		of making allotments and allocations of motor fuel tax funds
26		for use in road districts.

SB3733 Engrossed - 588 - LRB096 19592 AMC 34984 b
1		Payment of motor fuel tax moneys to municipalities and
2		counties shall be made as soon as possible after the allotment
3		is made. The treasurer of the municipality or county may invest
4		these funds until their use is required and the interest earned
5		by these investments shall be limited to the same uses as the
6		principal funds.
7		(Source: P.A. 95-744, eff. 7-18-08; 96-34, eff. 7-13-09; 96-45,
8		eff. 7-15-09; revised 11-3-09.)
9		Section 225. The Illinois Pension Code is amended by
10		changing Sections 4-121, 7-132, 14-104, 14-110, 14-131,
11		15-159, and 18-125 as follows:
12		(40 ILCS 5/4-121) (from Ch. 108 1/2, par. 4-121)
13		Sec. 4-121. Board created. There is created in each
14		municipality or fire protection district a board of trustees to
15		be known as the "Board of Trustees of the Firefighters' Pension
16		Fund". The membership of the board for each municipality shall
17		be, respectively, as follows: in cities, the treasurer, clerk,
18		marshal, marshall or chief officer of the fire department, and
19		the comptroller if there is one, or if not, the mayor; in each
20		township, village or incorporated town, the president of the
21		municipality's board of trustees, the village or town clerk,
22		village or town attorney, village or town treasurer, and the
23		chief officer of the fire department; and in each fire
24		protection district, the president and other 2 members of its

SB3733 Engrossed - 589 - LRB096 19592 AMC 34984 b
1		board of trustees and the marshal marshall or chief of its fire
2		department or service, as the case may be; and in all the
3		municipalities above designated 3 additional persons chosen
4		from their active firefighters and one other person who has
5		retired under the "Firemen's Pension Fund Act of 1919", or this
6		Article. Notwithstanding any provision of this Section to the
7		contrary, the term of office of each member of a board
8		established on or before the 3rd Monday in April, 2006 shall
9		terminate on the 3rd Monday in April, 2006, but all incumbent
10		members shall continue to exercise all of the powers and be
11		subject to all of the duties of a member of the board until all
12		the new members of the board take office.
13		Beginning on the 3rd Monday in April, 2006, the board for
14		each municipality or fire protection district shall consist of
15		5 members. Two members of the board shall be appointed by the
16		mayor or president of the board of trustees of the municipality
17		or fire protection district involved. Two members of the board
18		shall be active participants of the pension fund who are
19		elected from the active participants of the fund. One member of
20		the board shall be a person who is retired under the Firemen's
21		Pension Fund Act of 1919 or this Article who is elected from
22		persons retired under the Firemen's Pension Fund Act of 1919 or
23		this Article.
24		For the purposes of this Section, a firefighter receiving a
25		disability pension shall be considered a retired firefighter.
26		In the event that there are no retired firefighters under the

SB3733 Engrossed - 590 - LRB096 19592 AMC 34984 b
1		Fund or if none is willing to serve on the board, then an
2		additional active firefighter shall be elected to the board in
3		lieu of the retired firefighter that would otherwise be
4		elected.
5		If the regularly constituted fire department of a
6		municipality is dissolved and Section 4-106.1 is not
7		applicable, the board shall continue to exist and administer
8		the Fund so long as there continues to be any annuitant or
9		deferred pensioner in the Fund. In such cases, elections shall
10		continue to be held as specified in this Section, except that:
11		(1) deferred pensioners shall be deemed to be active members
12		for the purposes of such elections; (2) any otherwise
13		unfillable positions on the board, including ex officio
14		positions, shall be filled by election from the remaining
15		firefighters and deferred pensioners of the Fund, to the extent
16		possible; and (3) if the membership of the board falls below 3
17		persons, the Illinois Director of Insurance or his designee
18		shall be deemed a member of the board, ex officio.
19		The members chosen from the active and retired firefighters
20		shall be elected by ballot at elections to be held on the 3rd
21		Monday in April of the applicable years under the Australian
22		ballot system, at such place or places, in the municipality,
23		and under such regulations as shall be prescribed by the board.
24		No person shall cast more than one vote for each candidate
25		for whom he or she is eligible to vote. In the elections for
26		board members to be chosen from the active firefighters, all

SB3733 Engrossed - 591 - LRB096 19592 AMC 34984 b
1		active firefighters and no others may vote. In the elections
2		for board members to be chosen from retired firefighters, the
3		retired firefighters and no others may vote.
4		Each member of the board so elected shall hold office for a
5		term of 3 years and until his or her successor has been duly
6		elected and qualified.
7		The board shall canvass the ballots and declare which
8		persons have been elected and for what term or terms
9		respectively. In case of a tie vote between 2 or more
10		candidates, the board shall determine by lot which candidate or
11		candidates have been elected and for what term or terms
12		respectively. In the event of the failure, resignation, or
13		inability to act of any board member, a successor shall be
14		elected for the unexpired term at a special election called by
15		the board and conducted in the same manner as a regular
16		election.
17		The board shall elect annually from its members a president
18		and secretary.
19		Board members shall not receive or have any right to
20		receive any salary from a pension fund for services performed
21		as board members.
22		(Source: P.A. 94-317, eff. 7-25-05; revised 12-2-09.)
23		(40 ILCS 5/7-132) (from Ch. 108 1/2, par. 7-132)
24		Sec. 7-132. Municipalities, instrumentalities and
25		participating instrumentalities included and effective dates.

SB3733 Engrossed - 592 - LRB096 19592 AMC 34984 b
1		(A) Municipalities and their instrumentalities.
2		(a) The following described municipalities, but not
3		including any with more than 1,000,000 inhabitants, and the
4		instrumentalities thereof, shall be included within and be
5		subject to this Article beginning upon the effective dates
6		specified by the Board:
7		(1) Except as to the municipalities and
8		instrumentalities thereof specifically excluded under this
9		Article, every county shall be subject to this Article, and
10		all cities, villages and incorporated towns having a
11		population in excess of 5,000 inhabitants as determined by
12		the last preceding decennial or subsequent federal census,
13		shall be subject to this Article following publication of
14		the census by the Bureau of the Census. Within 90 days
15		after publication of the census, the Board shall notify any
16		municipality that has become subject to this Article as a
17		result of that census, and shall provide information to the
18		corporate authorities of the municipality explaining the
19		duties and consequences of participation. The notification
20		shall also include a proposed date upon which participation
21		by the municipality will commence.
22		However, for any city, village or incorporated town
23		that attains a population over 5,000 inhabitants after
24		having provided social security coverage for its employees
25		under the Social Security Enabling Act, participation

SB3733 Engrossed - 593 - LRB096 19592 AMC 34984 b
1		under this Article shall not be mandatory but may be
2		elected in accordance with subparagraph (3) or (4) of this
3		paragraph (a), whichever is applicable.
4		(2) School districts, other than those specifically
5		excluded under this Article, shall be subject to this
6		Article, without election, with respect to all employees
7		thereof.
8		(3) Towns and all other bodies politic and corporate
9		which are formed by vote of, or are subject to control by,
10		the electors in towns and are located in towns which are
11		not participating municipalities on the effective date of
12		this Act, may become subject to this Article by election
13		pursuant to Section 7-132.1.
14		(4) Any other municipality (together with its
15		instrumentalities), other than those specifically excluded
16		from participation and those described in paragraph (3)
17		above, may elect to be included either by referendum under
18		Section 7-134 or by the adoption of a resolution or
19		ordinance by its governing body. A copy of such resolution
20		or ordinance duly authenticated and certified by the clerk
21		of the municipality or other appropriate official of its
22		governing body shall constitute the required notice to the
23		board of such action.
24		(b) A municipality that is about to begin participation
25		shall submit to the Board an application to participate, in a
26		form acceptable to the Board, not later than 90 days prior to

SB3733 Engrossed - 594 - LRB096 19592 AMC 34984 b
1		the proposed effective date of participation. The Board shall
2		act upon the application within 90 days, and if it finds that
3		the application is in conformity with its requirements and the
4		requirements of this Article, participation by the applicant
5		shall commence on a date acceptable to the municipality and
6		specified by the Board, but in no event more than one year from
7		the date of application.
8		(c) A participating municipality which succeeds to the
9		functions of a participating municipality which is dissolved or
10		terminates its existence shall assume and be transferred the
11		net accumulation balance in the municipality reserve and the
12		municipality account receivable balance of the terminated
13		municipality.
14		(d) In the case of a Veterans Assistance Commission whose
15		employees were being treated by the Fund on January 1, 1990 as
16		employees of the county served by the Commission, the Fund may
17		continue to treat the employees of the Veterans Assistance
18		Commission as county employees for the purposes of this
19		Article, unless the Commission becomes a participating
20		instrumentality in accordance with subsection (B) of this
21		Section.
22		(B) Participating instrumentalities.
23		(a) The participating instrumentalities designated in
24		paragraph (b) of this subsection shall be included within and
25		be subject to this Article if:

SB3733 Engrossed - 595 - LRB096 19592 AMC 34984 b
1		(1) an application to participate, in a form acceptable
2		to the Board and adopted by a two-thirds vote of the
3		governing body, is presented to the Board not later than 90
4		days prior to the proposed effective date; and
5		(2) the Board finds that the application is in
6		conformity with its requirements, that the applicant has
7		reasonable expectation to continue as a political entity
8		for a period of at least 10 years and has the prospective
9		financial capacity to meet its current and future
10		obligations to the Fund, and that the actuarial soundness
11		of the Fund may be reasonably expected to be unimpaired by
12		approval of participation by the applicant.
13		The Board shall notify the applicant of its findings within
14		90 days after receiving the application, and if the Board
15		approves the application, participation by the applicant shall
16		commence on the effective date specified by the Board.
17		(b) The following participating instrumentalities, so long
18		as they meet the requirements of Section 7-108 and the area
19		served by them or within their jurisdiction is not located
20		entirely within a municipality having more than one million
21		inhabitants, may be included hereunder:
22		i. Township School District Trustees.
23		ii. Multiple County and Consolidated Health
24		Departments created under Division 5-25 of the Counties
25		Code or its predecessor law.
26		iii. Public Building Commissions created under the

SB3733 Engrossed - 596 - LRB096 19592 AMC 34984 b
1		Public Building Commission Act, and located in counties of
2		less than 1,000,000 inhabitants.
3		iv. A multitype, consolidated or cooperative library
4		system created under the Illinois Library System Act. Any
5		library system created under the Illinois Library System
6		Act that has one or more predecessors that participated in
7		the Fund may participate in the Fund upon application. The
8		Board shall establish procedures for implementing the
9		transfer of rights and obligations from the predecessor
10		system to the successor system.
11		v. Regional Planning Commissions created under
12		Division 5-14 of the Counties Code or its predecessor law.
13		vi. Local Public Housing Authorities created under the
14		Housing Authorities Act, located in counties of less than
15		1,000,000 inhabitants.
16		vii. Illinois Municipal League.
17		viii. Northeastern Illinois Metropolitan Area Planning
18		Commission.
19		ix. Southwestern Illinois Metropolitan Area Planning
20		Commission.
21		x. Illinois Association of Park Districts.
22		xi. Illinois Supervisors, County Commissioners and
23		Superintendents of Highways Association.
24		xii. Tri-City Regional Port District.
25		xiii. An association, or not-for-profit corporation,
26		membership in which is authorized under Section 85-15 of

SB3733 Engrossed - 597 - LRB096 19592 AMC 34984 b
1		the Township Code.
2		xiv. Drainage Districts operating under the Illinois
3		Drainage Code.
4		xv. Local mass transit districts created under the
5		Local Mass Transit District Act.
6		xvi. Soil and water conservation districts created
7		under the Soil and Water Conservation Districts Law.
8		xvii. Commissions created to provide water supply or
9		sewer services or both under Division 135 or Division 136
10		of Article 11 of the Illinois Municipal Code.
11		xviii. Public water districts created under the Public
12		Water District Act.
13		xix. Veterans Assistance Commissions established under
14		Section 9 of the Military Veterans Assistance Act that
15		serve counties with a population of less than 1,000,000.
16		xx. The governing body of an entity, other than a
17		vocational education cooperative, created under an
18		intergovernmental cooperative agreement established
19		between participating municipalities under the
20		Intergovernmental Cooperation Act, which by the terms of
21		the agreement is the employer of the persons performing
22		services under the agreement under the usual common law
23		rules determining the employer-employee relationship. The
24		governing body of such an intergovernmental cooperative
25		entity established prior to July 1, 1988 may make
26		participation retroactive to the effective date of the

SB3733 Engrossed - 598 - LRB096 19592 AMC 34984 b
1		agreement and, if so, the effective date of participation
2		shall be the date the required application is filed with
3		the fund. If any such entity is unable to pay the required
4		employer contributions to the fund, then the participating
5		municipalities shall make payment of the required
6		contributions and the payments shall be allocated as
7		provided in the agreement or, if not so provided, equally
8		among them.
9		xxi. The Illinois Municipal Electric Agency.
10		xxii. The Waukegan Port District.
11		xxiii. The Fox Waterway Agency created under the Fox
12		Waterway Agency Act.
13		xxiv. The Illinois Municipal Gas Agency.
14		xxv. The Kaskaskia Regional Port District.
15		xxvi. The Southwestern Illinois Development Authority.
16		xxvii. The Cairo Public Utility Company.
17		xxviii. Except with respect to employees who elect to
18		participate in the State Employees' Retirement System of
19		Illinois under Section 14-104.13 of this Code, the Chicago
20		Metropolitan Agency for Planning created under the
21		Regional Planning Act, provided that, with respect to the
22		benefits payable pursuant to Sections 7-146, 7-150, and
23		7-164 and the requirement that eligibility for such
24		benefits is conditional upon satisfying a minimum period of
25		service or a minimum contribution, any employee of the
26		Chicago Metropolitan Agency for Planning that was

SB3733 Engrossed - 599 - LRB096 19592 AMC 34984 b
1		immediately prior to such employment an employee of the
2		Chicago Area Transportation Study or the Northeastern
3		Illinois Planning Commission, such employee's service at
4		the Chicago Area Transportation Study or the Northeastern
5		Illinois Planning Commission and contributions to the
6		State Employees' Retirement System of Illinois established
7		under Article 14 and the Illinois Municipal Retirement Fund
8		shall count towards the satisfaction of such requirements.
9		xxix. United Counties Council (formerly the Urban
10		Counties Council), but only if the Council has a ruling
11		from the United States Internal Revenue Service that it is
12		a governmental entity.
13		xxx xix. The Will County Governmental League, but only
14		if the League has a ruling from the United States Internal
15		Revenue Service that it is a governmental entity.
16		(c) The governing boards of special education joint
17		agreements created under Section 10-22.31 of the School Code
18		without designation of an administrative district shall be
19		included within and be subject to this Article as participating
20		instrumentalities when the joint agreement becomes effective.
21		However, the governing board of any such special education
22		joint agreement in effect before September 5, 1975 shall not be
23		subject to this Article unless the joint agreement is modified
24		by the school districts to provide that the governing board is
25		subject to this Article, except as otherwise provided by this
26		Section.

SB3733 Engrossed - 600 - LRB096 19592 AMC 34984 b
1		The governing board of the Special Education District of
2		Lake County shall become subject to this Article as a
3		participating instrumentality on July 1, 1997. Notwithstanding
4		subdivision (a)1 of Section 7-139, on the effective date of
5		participation, employees of the governing board of the Special
6		Education District of Lake County shall receive creditable
7		service for their prior service with that employer, up to a
8		maximum of 5 years, without any employee contribution.
9		Employees may establish creditable service for the remainder of
10		their prior service with that employer, if any, by applying in
11		writing and paying an employee contribution in an amount
12		determined by the Fund, based on the employee contribution
13		rates in effect at the time of application for the creditable
14		service and the employee's salary rate on the effective date of
15		participation for that employer, plus interest at the effective
16		rate from the date of the prior service to the date of payment.
17		Application for this creditable service must be made before
18		July 1, 1998; the payment may be made at any time while the
19		employee is still in service. The employer may elect to make
20		the required contribution on behalf of the employee.
21		The governing board of a special education joint agreement
22		created under Section 10-22.31 of the School Code for which an
23		administrative district has been designated, if there are
24		employees of the cooperative educational entity who are not
25		employees of the administrative district, may elect to
26		participate in the Fund and be included within this Article as

SB3733 Engrossed - 601 - LRB096 19592 AMC 34984 b
1		a participating instrumentality, subject to such application
2		procedures and rules as the Board may prescribe.
3		The Boards of Control of cooperative or joint educational
4		programs or projects created and administered under Section
5		3-15.14 of the School Code, whether or not the Boards act as
6		their own administrative district, shall be included within and
7		be subject to this Article as participating instrumentalities
8		when the agreement establishing the cooperative or joint
9		educational program or project becomes effective.
10		The governing board of a special education joint agreement
11		entered into after June 30, 1984 and prior to September 17,
12		1985 which provides for representation on the governing board
13		by less than all the participating districts shall be included
14		within and subject to this Article as a participating
15		instrumentality. Such participation shall be effective as of
16		the date the joint agreement becomes effective.
17		The governing boards of educational service centers
18		established under Section 2-3.62 of the School Code shall be
19		included within and subject to this Article as participating
20		instrumentalities. The governing boards of vocational
21		education cooperative agreements created under the
22		Intergovernmental Cooperation Act and approved by the State
23		Board of Education shall be included within and be subject to
24		this Article as participating instrumentalities. If any such
25		governing boards or boards of control are unable to pay the
26		required employer contributions to the fund, then the school

SB3733 Engrossed - 602 - LRB096 19592 AMC 34984 b
1		districts served by such boards shall make payment of required
2		contributions as provided in Section 7-172. The payments shall
3		be allocated among the several school districts in proportion
4		to the number of students in average daily attendance for the
5		last full school year for each district in relation to the
6		total number of students in average attendance for such period
7		for all districts served. If such educational service centers,
8		vocational education cooperatives or cooperative or joint
9		educational programs or projects created and administered
10		under Section 3-15.14 of the School Code are dissolved, the
11		assets and obligations shall be distributed among the districts
12		in the same proportions unless otherwise provided.
13		(d) The governing boards of special recreation joint
14		agreements created under Section 8-10b of the Park District
15		Code, operating without designation of an administrative
16		district or an administrative municipality appointed to
17		administer the program operating under the authority of such
18		joint agreement shall be included within and be subject to this
19		Article as participating instrumentalities when the joint
20		agreement becomes effective. However, the governing board of
21		any such special recreation joint agreement in effect before
22		January 1, 1980 shall not be subject to this Article unless the
23		joint agreement is modified, by the districts and
24		municipalities which are parties to the agreement, to provide
25		that the governing board is subject to this Article.
26		If the Board returns any employer and employee

SB3733 Engrossed - 603 - LRB096 19592 AMC 34984 b
1		contributions to any employer which erroneously submitted such
2		contributions on behalf of a special recreation joint
3		agreement, the Board shall include interest computed from the
4		end of each year to the date of payment, not compounded, at the
5		rate of 7% per annum.
6		(e) Each multi-township assessment district, the board of
7		trustees of which has adopted this Article by ordinance prior
8		to April 1, 1982, shall be a participating instrumentality
9		included within and subject to this Article effective December
10		1, 1981. The contributions required under Section 7-172 shall
11		be included in the budget prepared under and allocated in
12		accordance with Section 2-30 of the Property Tax Code.
13		(f) The Illinois Medical District Commission created under
14		the Illinois Medical District Act may be included within and
15		subject to this Article as a participating instrumentality,
16		notwithstanding that the location of the District is entirely
17		within the City of Chicago. To become a participating
18		instrumentality, the Commission must apply to the Board in the
19		manner set forth in paragraph (a) of this subsection (B). If
20		the Board approves the application, under the criteria and
21		procedures set forth in paragraph (a) and any other applicable
22		rules, criteria, and procedures of the Board, participation by
23		the Commission shall commence on the effective date specified
24		by the Board.
25		(C) Prospective participants.

SB3733 Engrossed - 604 - LRB096 19592 AMC 34984 b
1		Beginning January 1, 1992, each prospective participating
2		municipality or participating instrumentality shall pay to the
3		Fund the cost, as determined by the Board, of a study prepared
4		by the Fund or its actuary, detailing the prospective costs of
5		participation in the Fund to be expected by the municipality or
6		instrumentality.
7		(Source: P.A. 95-677, eff. 10-11-07; 96-211, eff. 8-10-09;
8		96-551, eff. 8-17-09; revised 10-6-09.)
9		(40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
10		Sec. 14-104. Service for which contributions permitted.
11		Contributions provided for in this Section shall cover the
12		period of service granted. Except as otherwise provided in this
13		Section, the contributions shall be based upon the employee's
14		compensation and contribution rate in effect on the date he
15		last became a member of the System; provided that for all
16		employment prior to January 1, 1969 the contribution rate shall
17		be that in effect for a noncovered employee on the date he last
18		became a member of the System. Except as otherwise provided in
19		this Section, contributions permitted under this Section shall
20		include regular interest from the date an employee last became
21		a member of the System to the date of payment.
22		These contributions must be paid in full before retirement
23		either in a lump sum or in installment payments in accordance
24		with such rules as may be adopted by the board.
25		(a) Any member may make contributions as required in this

SB3733 Engrossed - 605 - LRB096 19592 AMC 34984 b
1		Section for any period of service, subsequent to the date of
2		establishment, but prior to the date of membership.
3		(b) Any employee who had been previously excluded from
4		membership because of age at entry and subsequently became
5		eligible may elect to make contributions as required in this
6		Section for the period of service during which he was
7		ineligible.
8		(c) An employee of the Department of Insurance who, after
9		January 1, 1944 but prior to becoming eligible for membership,
10		received salary from funds of insurance companies in the
11		process of rehabilitation, liquidation, conservation or
12		dissolution, may elect to make contributions as required in
13		this Section for such service.
14		(d) Any employee who rendered service in a State office to
15		which he was elected, or rendered service in the elective
16		office of Clerk of the Appellate Court prior to the date he
17		became a member, may make contributions for such service as
18		required in this Section. Any member who served by appointment
19		of the Governor under the Civil Administrative Code of Illinois
20		and did not participate in this System may make contributions
21		as required in this Section for such service.
22		(e) Any person employed by the United States government or
23		any instrumentality or agency thereof from January 1, 1942
24		through November 15, 1946 as the result of a transfer from
25		State service by executive order of the President of the United
26		States shall be entitled to prior service credit covering the

SB3733 Engrossed - 606 - LRB096 19592 AMC 34984 b
1		period from January 1, 1942 through December 31, 1943 as
2		provided for in this Article and to membership service credit
3		for the period from January 1, 1944 through November 15, 1946
4		by making the contributions required in this Section. A person
5		so employed on January 1, 1944 but whose employment began after
6		January 1, 1942 may qualify for prior service and membership
7		service credit under the same conditions.
8		(f) An employee of the Department of Labor of the State of
9		Illinois who performed services for and under the supervision
10		of that Department prior to January 1, 1944 but who was
11		compensated for those services directly by federal funds and
12		not by a warrant of the Auditor of Public Accounts paid by the
13		State Treasurer may establish credit for such employment by
14		making the contributions required in this Section. An employee
15		of the Department of Agriculture of the State of Illinois, who
16		performed services for and under the supervision of that
17		Department prior to June 1, 1963, but was compensated for those
18		services directly by federal funds and not paid by a warrant of
19		the Auditor of Public Accounts paid by the State Treasurer, and
20		who did not contribute to any other public employee retirement
21		system for such service, may establish credit for such
22		employment by making the contributions required in this
23		Section.
24		(g) Any employee who executed a waiver of membership within
25		60 days prior to January 1, 1944 may, at any time while in the
26		service of a department, file with the board a rescission of

SB3733 Engrossed - 607 - LRB096 19592 AMC 34984 b
1		such waiver. Upon making the contributions required by this
2		Section, the member shall be granted the creditable service
3		that would have been received if the waiver had not been
4		executed.
5		(h) Until May 1, 1990, an employee who was employed on a
6		full-time basis by a regional planning commission for at least
7		5 continuous years may establish creditable service for such
8		employment by making the contributions required under this
9		Section, provided that any credits earned by the employee in
10		the commission's retirement plan have been terminated.
11		(i) Any person who rendered full time contractual services
12		to the General Assembly as a member of a legislative staff may
13		establish service credit for up to 8 years of such services by
14		making the contributions required under this Section, provided
15		that application therefor is made not later than July 1, 1991.
16		(j) By paying the contributions otherwise required under
17		this Section, plus an amount determined by the Board to be
18		equal to the employer's normal cost of the benefit plus
19		interest, but with all of the interest calculated from the date
20		the employee last became a member of the System or November 19,
21		1991, whichever is later, to the date of payment, an employee
22		may establish service credit for a period of up to 4 years
23		spent in active military service for which he does not qualify
24		for credit under Section 14-105, provided that (1) he was not
25		dishonorably discharged from such military service, and (2) the
26		amount of service credit established by a member under this

SB3733 Engrossed - 608 - LRB096 19592 AMC 34984 b
1		subsection (j), when added to the amount of military service
2		credit granted to the member under subsection (b) of Section
3		14-105, shall not exceed 5 years. The change in the manner of
4		calculating interest under this subsection (j) made by this
5		amendatory Act of the 92nd General Assembly applies to credit
6		purchased by an employee on or after its effective date and
7		does not entitle any person to a refund of contributions or
8		interest already paid. In compliance with Section 14-152.1 of
9		this Act concerning new benefit increases, any new benefit
10		increase as a result of the changes to this subsection (j) made
11		by Public Act 95-483 is funded through the employee
12		contributions provided for in this subsection (j). Any new
13		benefit increase as a result of the changes made to this
14		subsection (j) by Public Act 95-483 is exempt from the
15		provisions of subsection (d) of Section 14-152.1.
16		(k) An employee who was employed on a full-time basis by
17		the Illinois State's Attorneys Association Statewide Appellate
18		Assistance Service LEAA-ILEC grant project prior to the time
19		that project became the State's Attorneys Appellate Service
20		Commission, now the Office of the State's Attorneys Appellate
21		Prosecutor, an agency of State government, may establish
22		creditable service for not more than 60 months service for such
23		employment by making contributions required under this
24		Section.
25		(l) By paying the contributions otherwise required under
26		this Section, plus an amount determined by the Board to be

SB3733 Engrossed - 609 - LRB096 19592 AMC 34984 b
1		equal to the employer's normal cost of the benefit plus
2		interest, a member may establish service credit for periods of
3		less than one year spent on authorized leave of absence from
4		service, provided that (1) the period of leave began on or
5		after January 1, 1982 and (2) any credit established by the
6		member for the period of leave in any other public employee
7		retirement system has been terminated. A member may establish
8		service credit under this subsection for more than one period
9		of authorized leave, and in that case the total period of
10		service credit established by the member under this subsection
11		may exceed one year. In determining the contributions required
12		for establishing service credit under this subsection, the
13		interest shall be calculated from the beginning of the leave of
14		absence to the date of payment.
15		(l-5) By paying the contributions otherwise required under
16		this Section, plus an amount determined by the Board to be
17		equal to the employer's normal cost of the benefit plus
18		interest, a member may establish service credit for periods of
19		up to 2 years spent on authorized leave of absence from
20		service, provided that during that leave the member represented
21		or was employed as an officer or employee of a statewide labor
22		organization that represents members of this System. In
23		determining the contributions required for establishing
24		service credit under this subsection, the interest shall be
25		calculated from the beginning of the leave of absence to the
26		date of payment.

SB3733 Engrossed - 610 - LRB096 19592 AMC 34984 b
1		(m) Any person who rendered contractual services to a
2		member of the General Assembly as a worker in the member's
3		district office may establish creditable service for up to 3
4		years of those contractual services by making the contributions
5		required under this Section. The System shall determine a
6		full-time salary equivalent for the purpose of calculating the
7		required contribution. To establish credit under this
8		subsection, the applicant must apply to the System by March 1,
9		1998.
10		(n) Any person who rendered contractual services to a
11		member of the General Assembly as a worker providing
12		constituent services to persons in the member's district may
13		establish creditable service for up to 8 years of those
14		contractual services by making the contributions required
15		under this Section. The System shall determine a full-time
16		salary equivalent for the purpose of calculating the required
17		contribution. To establish credit under this subsection, the
18		applicant must apply to the System by March 1, 1998.
19		(o) A member who participated in the Illinois Legislative
20		Staff Internship Program may establish creditable service for
21		up to one year of that participation by making the contribution
22		required under this Section. The System shall determine a
23		full-time salary equivalent for the purpose of calculating the
24		required contribution. Credit may not be established under this
25		subsection for any period for which service credit is
26		established under any other provision of this Code.

SB3733 Engrossed - 611 - LRB096 19592 AMC 34984 b
1		(p) By paying the contributions otherwise required under
2		this Section, plus an amount determined by the Board to be
3		equal to the employer's normal cost of the benefit plus
4		interest, a member may establish service credit for a period of
5		up to 8 years during which he or she was employed by the
6		Visually Handicapped Managers of Illinois in a vending program
7		operated under a contractual agreement with the Department of
8		Rehabilitation Services or its successor agency.
9		This subsection (p) applies without regard to whether the
10		person was in service on or after the effective date of this
11		amendatory Act of the 94th General Assembly. In the case of a
12		person who is receiving a retirement annuity on that effective
13		date, the increase, if any, shall begin to accrue on the first
14		annuity payment date following receipt by the System of the
15		contributions required under this subsection (p).
16		(q) By paying the required contributions under this
17		Section, plus an amount determined by the Board to be equal to
18		the employer's normal cost of the benefit plus interest, an
19		employee who was laid off but returned to State employment
20		under circumstances in which the employee is considered to have
21		been in continuous service for purposes of determining
22		seniority may establish creditable service for the period of
23		the layoff, provided that (1) the applicant applies for the
24		creditable service under this subsection (q) within 6 months
25		after the effective date of this amendatory Act of the 94th
26		General Assembly, (2) the applicant does not receive credit for

SB3733 Engrossed - 612 - LRB096 19592 AMC 34984 b
1		that period under any other provision of this Code, (3) at the
2		time of the layoff, the applicant is not in an initial
3		probationary status consistent with the rules of the Department
4		of Central Management Services, and (4) the total amount of
5		creditable service established by the applicant under this
6		subsection (q) does not exceed 3 years. For service established
7		under this subsection (q), the required employee contribution
8		shall be based on the rate of compensation earned by the
9		employee on the date of returning to employment after the
10		layoff and the contribution rate then in effect, and the
11		required interest shall be calculated from the date of
12		returning to employment after the layoff to the date of
13		payment.
14		(r) A member who participated in the University of Illinois
15		Government Public Service Internship Program (GPSI) may
16		establish creditable service for up to 2 years of that
17		participation by making the contribution required under this
18		Section, plus an amount determined by the Board to be equal to
19		the employer's normal cost of the benefit plus interest. The
20		System shall determine a full-time salary equivalent for the
21		purpose of calculating the required contribution. Credit may
22		not be established under this subsection for any period for
23		which service credit is established under any other provision
24		of this Code.
25		(s) A member who worked as a nurse under a contractual
26		agreement for the Department of Public Aid, or its successor

SB3733 Engrossed - 613 - LRB096 19592 AMC 34984 b
1		agency, the Department of Human Services, in the Client
2		Assessment Unit and was subsequently determined to be a State
3		employee by the United States Internal Revenue Service and the
4		Illinois Labor Relations Board may establish creditable
5		service for those contractual services by making the
6		contributions required under this Section. To establish credit
7		under this subsection, the applicant must apply to the System
8		by July 1, 2008.
9		The Department of Human Services shall pay an employer
10		contribution based upon an amount determined by the Board to be
11		equal to the employer's normal cost of the benefit, plus
12		interest.
13		In compliance with Section 14-152.1 added by Public Act
14		94-4, the cost of the benefits provided by Public Act 95-583
15		are offset by the required employee and employer contributions.
16		(t) Any person who rendered contractual services on a
17		full-time basis to the Illinois Institute of Natural Resources
18		and the Illinois Department of Energy and Natural Resources may
19		establish creditable service for up to 4 years of those
20		contractual services by making the contributions required
21		under this Section, plus an amount determined by the Board to
22		be equal to the employer's normal cost of the benefit plus
23		interest at the actuarially assumed rate from the first day of
24		the service for which credit is being established to the date
25		of payment. To establish credit under this subsection (t), the
26		applicant must apply to the System within 6 months after August

SB3733 Engrossed - 614 - LRB096 19592 AMC 34984 b
1		28, 2009 (the effective date of Public Act 96-775) this
2		amendatory Act of the 96th General Assembly.
3		(u) (t) A member may establish creditable service and
4		earnings credit for a period of voluntary or involuntary
5		furlough, not exceeding 5 days, beginning on or after July 1,
6		2008 and ending on or before June 30, 2009, that is utilized as
7		a means of addressing a State fiscal emergency. To receive this
8		credit, the member must apply in writing to the System before
9		July 1, 2012, and make contributions required under this
10		Section, plus an amount determined by the Board to be equal to
11		the employer's normal cost of the benefit, plus interest at the
12		actuarially assumed rate.
13		(v) (t) Any member who rendered full-time contractual
14		services to an Illinois Veterans Home operated by the
15		Department of Veterans' Affairs may establish service credit
16		for up to 8 years of such services by making the contributions
17		required under this Section, plus an amount determined by the
18		Board to be equal to the employer's normal cost of the benefit,
19		plus interest at the actuarially assumed rate. To establish
20		credit under this subsection, the applicant must apply to the
21		System no later than 6 months after July 27, 2009 (the
22		effective date of Public Act 96-97) this amendatory Act of the
23		96th General Assembly.
24		(Source: P.A. 95-483, eff. 8-28-07; 95-583, eff. 8-31-07;
25		95-652, eff. 10-11-07; 95-876, eff. 8-21-08; 96-97, eff.
26		7-27-09; 96-718, eff. 8-25-09; 96-775, eff. 8-28-09; revised

SB3733 Engrossed - 615 - LRB096 19592 AMC 34984 b
1		9-9-09.)
2		(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
3		Sec. 14-110. Alternative retirement annuity.
4		(a) Any member who has withdrawn from service with not less
5		than 20 years of eligible creditable service and has attained
6		age 55, and any member who has withdrawn from service with not
7		less than 25 years of eligible creditable service and has
8		attained age 50, regardless of whether the attainment of either
9		of the specified ages occurs while the member is still in
10		service, shall be entitled to receive at the option of the
11		member, in lieu of the regular or minimum retirement annuity, a
12		retirement annuity computed as follows:
13		(i) for periods of service as a noncovered employee: if
14		retirement occurs on or after January 1, 2001, 3% of final
15		average compensation for each year of creditable service;
16		if retirement occurs before January 1, 2001, 2 1/4% of
17		final average compensation for each of the first 10 years
18		of creditable service, 2 1/2% for each year above 10 years
19		to and including 20 years of creditable service, and 2 3/4%
20		for each year of creditable service above 20 years; and
21		(ii) for periods of eligible creditable service as a
22		covered employee: if retirement occurs on or after January
23		1, 2001, 2.5% of final average compensation for each year
24		of creditable service; if retirement occurs before January
25		1, 2001, 1.67% of final average compensation for each of

SB3733 Engrossed - 616 - LRB096 19592 AMC 34984 b
1		the first 10 years of such service, 1.90% for each of the
2		next 10 years of such service, 2.10% for each year of such
3		service in excess of 20 but not exceeding 30, and 2.30% for
4		each year in excess of 30.
5		Such annuity shall be subject to a maximum of 75% of final
6		average compensation if retirement occurs before January 1,
7		2001 or to a maximum of 80% of final average compensation if
8		retirement occurs on or after January 1, 2001.
9		These rates shall not be applicable to any service
10		performed by a member as a covered employee which is not
11		eligible creditable service. Service as a covered employee
12		which is not eligible creditable service shall be subject to
13		the rates and provisions of Section 14-108.
14		(b) For the purpose of this Section, "eligible creditable
15		service" means creditable service resulting from service in one
16		or more of the following positions:
17		(1) State policeman;
18		(2) fire fighter in the fire protection service of a
19		department;
20		(3) air pilot;
21		(4) special agent;
22		(5) investigator for the Secretary of State;
23		(6) conservation police officer;
24		(7) investigator for the Department of Revenue or the
25		Illinois Gaming Board;
26		(8) security employee of the Department of Human

SB3733 Engrossed - 617 - LRB096 19592 AMC 34984 b
1		Services;
2		(9) Central Management Services security police
3		officer;
4		(10) security employee of the Department of
5		Corrections or the Department of Juvenile Justice;
6		(11) dangerous drugs investigator;
7		(12) investigator for the Department of State Police;
8		(13) investigator for the Office of the Attorney
9		General;
10		(14) controlled substance inspector;
11		(15) investigator for the Office of the State's
12		Attorneys Appellate Prosecutor;
13		(16) Commerce Commission police officer;
14		(17) arson investigator;
15		(18) State highway maintenance worker.
16		A person employed in one of the positions specified in this
17		subsection is entitled to eligible creditable service for
18		service credit earned under this Article while undergoing the
19		basic police training course approved by the Illinois Law
20		Enforcement Training Standards Board, if completion of that
21		training is required of persons serving in that position. For
22		the purposes of this Code, service during the required basic
23		police training course shall be deemed performance of the
24		duties of the specified position, even though the person is not
25		a sworn peace officer at the time of the training.
26		(c) For the purposes of this Section:

SB3733 Engrossed - 618 - LRB096 19592 AMC 34984 b
1		(1) The term "state policeman" includes any title or
2		position in the Department of State Police that is held by
3		an individual employed under the State Police Act.
4		(2) The term "fire fighter in the fire protection
5		service of a department" includes all officers in such fire
6		protection service including fire chiefs and assistant
7		fire chiefs.
8		(3) The term "air pilot" includes any employee whose
9		official job description on file in the Department of
10		Central Management Services, or in the department by which
11		he is employed if that department is not covered by the
12		Personnel Code, states that his principal duty is the
13		operation of aircraft, and who possesses a pilot's license;
14		however, the change in this definition made by this
15		amendatory Act of 1983 shall not operate to exclude any
16		noncovered employee who was an "air pilot" for the purposes
17		of this Section on January 1, 1984.
18		(4) The term "special agent" means any person who by
19		reason of employment by the Division of Narcotic Control,
20		the Bureau of Investigation or, after July 1, 1977, the
21		Division of Criminal Investigation, the Division of
22		Internal Investigation, the Division of Operations, or any
23		other Division or organizational entity in the Department
24		of State Police is vested by law with duties to maintain
25		public order, investigate violations of the criminal law of
26		this State, enforce the laws of this State, make arrests

SB3733 Engrossed - 619 - LRB096 19592 AMC 34984 b
1		and recover property. The term "special agent" includes any
2		title or position in the Department of State Police that is
3		held by an individual employed under the State Police Act.
4		(5) The term "investigator for the Secretary of State"
5		means any person employed by the Office of the Secretary of
6		State and vested with such investigative duties as render
7		him ineligible for coverage under the Social Security Act
8		by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
9		218(l)(1) of that Act.
10		A person who became employed as an investigator for the
11		Secretary of State between January 1, 1967 and December 31,
12		1975, and who has served as such until attainment of age
13		60, either continuously or with a single break in service
14		of not more than 3 years duration, which break terminated
15		before January 1, 1976, shall be entitled to have his
16		retirement annuity calculated in accordance with
17		subsection (a), notwithstanding that he has less than 20
18		years of credit for such service.
19		(6) The term "Conservation Police Officer" means any
20		person employed by the Division of Law Enforcement of the
21		Department of Natural Resources and vested with such law
22		enforcement duties as render him ineligible for coverage
23		under the Social Security Act by reason of Sections
24		218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
25		term "Conservation Police Officer" includes the positions
26		of Chief Conservation Police Administrator and Assistant

SB3733 Engrossed - 620 - LRB096 19592 AMC 34984 b
1		Conservation Police Administrator.
2		(7) The term "investigator for the Department of
3		Revenue" means any person employed by the Department of
4		Revenue and vested with such investigative duties as render
5		him ineligible for coverage under the Social Security Act
6		by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
7		218(l)(1) of that Act.
8		The term "investigator for the Illinois Gaming Board"
9		means any person employed as such by the Illinois Gaming
10		Board and vested with such peace officer duties as render
11		the person ineligible for coverage under the Social
12		Security Act by reason of Sections 218(d)(5)(A),
13		218(d)(8)(D), and 218(l)(1) of that Act.
14		(8) The term "security employee of the Department of
15		Human Services" means any person employed by the Department
16		of Human Services who (i) is employed at the Chester Mental
17		Health Center and has daily contact with the residents
18		thereof, (ii) is employed within a security unit at a
19		facility operated by the Department and has daily contact
20		with the residents of the security unit, (iii) is employed
21		at a facility operated by the Department that includes a
22		security unit and is regularly scheduled to work at least
23		50% of his or her working hours within that security unit,
24		or (iv) is a mental health police officer. "Mental health
25		police officer" means any person employed by the Department
26		of Human Services in a position pertaining to the

SB3733 Engrossed - 621 - LRB096 19592 AMC 34984 b
1		Department's mental health and developmental disabilities
2		functions who is vested with such law enforcement duties as
3		render the person ineligible for coverage under the Social
4		Security Act by reason of Sections 218(d)(5)(A),
5		218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
6		means that portion of a facility that is devoted to the
7		care, containment, and treatment of persons committed to
8		the Department of Human Services as sexually violent
9		persons, persons unfit to stand trial, or persons not
10		guilty by reason of insanity. With respect to past
11		employment, references to the Department of Human Services
12		include its predecessor, the Department of Mental Health
13		and Developmental Disabilities.
14		The changes made to this subdivision (c)(8) by Public
15		Act 92-14 apply to persons who retire on or after January
16		1, 2001, notwithstanding Section 1-103.1.
17		(9) "Central Management Services security police
18		officer" means any person employed by the Department of
19		Central Management Services who is vested with such law
20		enforcement duties as render him ineligible for coverage
21		under the Social Security Act by reason of Sections
22		218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
23		(10) For a member who first became an employee under
24		this Article before July 1, 2005, the term "security
25		employee of the Department of Corrections or the Department
26		of Juvenile Justice" means any employee of the Department

SB3733 Engrossed - 622 - LRB096 19592 AMC 34984 b
1		of Corrections or the Department of Juvenile Justice or the
2		former Department of Personnel, and any member or employee
3		of the Prisoner Review Board, who has daily contact with
4		inmates or youth by working within a correctional facility
5		or Juvenile facility operated by the Department of Juvenile
6		Justice or who is a parole officer or an employee who has
7		direct contact with committed persons in the performance of
8		his or her job duties. For a member who first becomes an
9		employee under this Article on or after July 1, 2005, the
10		term means an employee of the Department of Corrections or
11		the Department of Juvenile Justice who is any of the
12		following: (i) officially headquartered at a correctional
13		facility or Juvenile facility operated by the Department of
14		Juvenile Justice, (ii) a parole officer, (iii) a member of
15		the apprehension unit, (iv) a member of the intelligence
16		unit, (v) a member of the sort team, or (vi) an
17		investigator.
18		(11) The term "dangerous drugs investigator" means any
19		person who is employed as such by the Department of Human
20		Services.
21		(12) The term "investigator for the Department of State
22		Police" means a person employed by the Department of State
23		Police who is vested under Section 4 of the Narcotic
24		Control Division Abolition Act with such law enforcement
25		powers as render him ineligible for coverage under the
26		Social Security Act by reason of Sections 218(d)(5)(A),

SB3733 Engrossed - 623 - LRB096 19592 AMC 34984 b
1		218(d)(8)(D) and 218(l)(1) of that Act.
2		(13) "Investigator for the Office of the Attorney
3		General" means any person who is employed as such by the
4		Office of the Attorney General and is vested with such
5		investigative duties as render him ineligible for coverage
6		under the Social Security Act by reason of Sections
7		218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
8		the period before January 1, 1989, the term includes all
9		persons who were employed as investigators by the Office of
10		the Attorney General, without regard to social security
11		status.
12		(14) "Controlled substance inspector" means any person
13		who is employed as such by the Department of Professional
14		Regulation and is vested with such law enforcement duties
15		as render him ineligible for coverage under the Social
16		Security Act by reason of Sections 218(d)(5)(A),
17		218(d)(8)(D) and 218(l)(1) of that Act. The term
18		"controlled substance inspector" includes the Program
19		Executive of Enforcement and the Assistant Program
20		Executive of Enforcement.
21		(15) The term "investigator for the Office of the
22		State's Attorneys Appellate Prosecutor" means a person
23		employed in that capacity on a full time basis under the
24		authority of Section 7.06 of the State's Attorneys
25		Appellate Prosecutor's Act.
26		(16) "Commerce Commission police officer" means any

SB3733 Engrossed - 624 - LRB096 19592 AMC 34984 b
1		person employed by the Illinois Commerce Commission who is
2		vested with such law enforcement duties as render him
3		ineligible for coverage under the Social Security Act by
4		reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
5		218(l)(1) of that Act.
6		(17) "Arson investigator" means any person who is
7		employed as such by the Office of the State Fire Marshal
8		and is vested with such law enforcement duties as render
9		the person ineligible for coverage under the Social
10		Security Act by reason of Sections 218(d)(5)(A),
11		218(d)(8)(D), and 218(l)(1) of that Act. A person who was
12		employed as an arson investigator on January 1, 1995 and is
13		no longer in service but not yet receiving a retirement
14		annuity may convert his or her creditable service for
15		employment as an arson investigator into eligible
16		creditable service by paying to the System the difference
17		between the employee contributions actually paid for that
18		service and the amounts that would have been contributed if
19		the applicant were contributing at the rate applicable to
20		persons with the same social security status earning
21		eligible creditable service on the date of application.
22		(18) The term "State highway maintenance worker" means
23		a person who is either of the following:
24		(i) A person employed on a full-time basis by the
25		Illinois Department of Transportation in the position
26		of highway maintainer, highway maintenance lead

SB3733 Engrossed - 625 - LRB096 19592 AMC 34984 b
1		worker, highway maintenance lead/lead worker, heavy
2		construction equipment operator, power shovel
3		operator, or bridge mechanic; and whose principal
4		responsibility is to perform, on the roadway, the
5		actual maintenance necessary to keep the highways that
6		form a part of the State highway system in serviceable
7		condition for vehicular traffic.
8		(ii) A person employed on a full-time basis by the
9		Illinois State Toll Highway Authority in the position
10		of equipment operator/laborer H-4, equipment
11		operator/laborer H-6, welder H-4, welder H-6,
12		mechanical/electrical H-4, mechanical/electrical H-6,
13		water/sewer H-4, water/sewer H-6, sign maker/hanger
14		H-4, sign maker/hanger H-6, roadway lighting H-4,
15		roadway lighting H-6, structural H-4, structural H-6,
16		painter H-4, or painter H-6; and whose principal
17		responsibility is to perform, on the roadway, the
18		actual maintenance necessary to keep the Authority's
19		tollways in serviceable condition for vehicular
20		traffic.
21		(d) A security employee of the Department of Corrections or
22		the Department of Juvenile Justice, and a security employee of
23		the Department of Human Services who is not a mental health
24		police officer, shall not be eligible for the alternative
25		retirement annuity provided by this Section unless he or she
26		meets the following minimum age and service requirements at the

SB3733 Engrossed - 626 - LRB096 19592 AMC 34984 b
1		time of retirement:
2		(i) 25 years of eligible creditable service and age 55;
3		or
4		(ii) beginning January 1, 1987, 25 years of eligible
5		creditable service and age 54, or 24 years of eligible
6		creditable service and age 55; or
7		(iii) beginning January 1, 1988, 25 years of eligible
8		creditable service and age 53, or 23 years of eligible
9		creditable service and age 55; or
10		(iv) beginning January 1, 1989, 25 years of eligible
11		creditable service and age 52, or 22 years of eligible
12		creditable service and age 55; or
13		(v) beginning January 1, 1990, 25 years of eligible
14		creditable service and age 51, or 21 years of eligible
15		creditable service and age 55; or
16		(vi) beginning January 1, 1991, 25 years of eligible
17		creditable service and age 50, or 20 years of eligible
18		creditable service and age 55.
19		Persons who have service credit under Article 16 of this
20		Code for service as a security employee of the Department of
21		Corrections or the Department of Juvenile Justice, or the
22		Department of Human Services in a position requiring
23		certification as a teacher may count such service toward
24		establishing their eligibility under the service requirements
25		of this Section; but such service may be used only for
26		establishing such eligibility, and not for the purpose of

SB3733 Engrossed - 627 - LRB096 19592 AMC 34984 b
1		increasing or calculating any benefit.
2		(e) If a member enters military service while working in a
3		position in which eligible creditable service may be earned,
4		and returns to State service in the same or another such
5		position, and fulfills in all other respects the conditions
6		prescribed in this Article for credit for military service,
7		such military service shall be credited as eligible creditable
8		service for the purposes of the retirement annuity prescribed
9		in this Section.
10		(f) For purposes of calculating retirement annuities under
11		this Section, periods of service rendered after December 31,
12		1968 and before October 1, 1975 as a covered employee in the
13		position of special agent, conservation police officer, mental
14		health police officer, or investigator for the Secretary of
15		State, shall be deemed to have been service as a noncovered
16		employee, provided that the employee pays to the System prior
17		to retirement an amount equal to (1) the difference between the
18		employee contributions that would have been required for such
19		service as a noncovered employee, and the amount of employee
20		contributions actually paid, plus (2) if payment is made after
21		July 31, 1987, regular interest on the amount specified in item
22		(1) from the date of service to the date of payment.
23		For purposes of calculating retirement annuities under
24		this Section, periods of service rendered after December 31,
25		1968 and before January 1, 1982 as a covered employee in the
26		position of investigator for the Department of Revenue shall be

SB3733 Engrossed - 628 - LRB096 19592 AMC 34984 b
1		deemed to have been service as a noncovered employee, provided
2		that the employee pays to the System prior to retirement an
3		amount equal to (1) the difference between the employee
4		contributions that would have been required for such service as
5		a noncovered employee, and the amount of employee contributions
6		actually paid, plus (2) if payment is made after January 1,
7		1990, regular interest on the amount specified in item (1) from
8		the date of service to the date of payment.
9		(g) A State policeman may elect, not later than January 1,
10		1990, to establish eligible creditable service for up to 10
11		years of his service as a policeman under Article 3, by filing
12		a written election with the Board, accompanied by payment of an
13		amount to be determined by the Board, equal to (i) the
14		difference between the amount of employee and employer
15		contributions transferred to the System under Section 3-110.5,
16		and the amounts that would have been contributed had such
17		contributions been made at the rates applicable to State
18		policemen, plus (ii) interest thereon at the effective rate for
19		each year, compounded annually, from the date of service to the
20		date of payment.
21		Subject to the limitation in subsection (i), a State
22		policeman may elect, not later than July 1, 1993, to establish
23		eligible creditable service for up to 10 years of his service
24		as a member of the County Police Department under Article 9, by
25		filing a written election with the Board, accompanied by
26		payment of an amount to be determined by the Board, equal to

SB3733 Engrossed - 629 - LRB096 19592 AMC 34984 b
1		(i) the difference between the amount of employee and employer
2		contributions transferred to the System under Section 9-121.10
3		and the amounts that would have been contributed had those
4		contributions been made at the rates applicable to State
5		policemen, plus (ii) interest thereon at the effective rate for
6		each year, compounded annually, from the date of service to the
7		date of payment.
8		(h) Subject to the limitation in subsection (i), a State
9		policeman or investigator for the Secretary of State may elect
10		to establish eligible creditable service for up to 12 years of
11		his service as a policeman under Article 5, by filing a written
12		election with the Board on or before January 31, 1992, and
13		paying to the System by January 31, 1994 an amount to be
14		determined by the Board, equal to (i) the difference between
15		the amount of employee and employer contributions transferred
16		to the System under Section 5-236, and the amounts that would
17		have been contributed had such contributions been made at the
18		rates applicable to State policemen, plus (ii) interest thereon
19		at the effective rate for each year, compounded annually, from
20		the date of service to the date of payment.
21		Subject to the limitation in subsection (i), a State
22		policeman, conservation police officer, or investigator for
23		the Secretary of State may elect to establish eligible
24		creditable service for up to 10 years of service as a sheriff's
25		law enforcement employee under Article 7, by filing a written
26		election with the Board on or before January 31, 1993, and

SB3733 Engrossed - 630 - LRB096 19592 AMC 34984 b
1		paying to the System by January 31, 1994 an amount to be
2		determined by the Board, equal to (i) the difference between
3		the amount of employee and employer contributions transferred
4		to the System under Section 7-139.7, and the amounts that would
5		have been contributed had such contributions been made at the
6		rates applicable to State policemen, plus (ii) interest thereon
7		at the effective rate for each year, compounded annually, from
8		the date of service to the date of payment.
9		Subject to the limitation in subsection (i), a State
10		policeman, conservation police officer, or investigator for
11		the Secretary of State may elect to establish eligible
12		creditable service for up to 5 years of service as a police
13		officer under Article 3, a policeman under Article 5, a
14		sheriff's law enforcement employee under Article 7, a member of
15		the county police department under Article 9, or a police
16		officer under Article 15 by filing a written election with the
17		Board and paying to the System an amount to be determined by
18		the Board, equal to (i) the difference between the amount of
19		employee and employer contributions transferred to the System
20		under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
21		and the amounts that would have been contributed had such
22		contributions been made at the rates applicable to State
23		policemen, plus (ii) interest thereon at the effective rate for
24		each year, compounded annually, from the date of service to the
25		date of payment.
26		Subject to the limitation in subsection (i), an

SB3733 Engrossed - 631 - LRB096 19592 AMC 34984 b
1		investigator for the Office of the Attorney General, or an
2		investigator for the Department of Revenue, may elect to
3		establish eligible creditable service for up to 5 years of
4		service as a police officer under Article 3, a policeman under
5		Article 5, a sheriff's law enforcement employee under Article
6		7, or a member of the county police department under Article 9
7		by filing a written election with the Board within 6 months
8		after August 25, 2009 (the effective date of Public Act 96-745)
9		this amendatory Act of the 96th General Assembly and paying to
10		the System an amount to be determined by the Board, equal to
11		(i) the difference between the amount of employee and employer
12		contributions transferred to the System under Section 3-110.6,
13		5-236, 7-139.8, or 9-121.10 and the amounts that would have
14		been contributed had such contributions been made at the rates
15		applicable to State policemen, plus (ii) interest thereon at
16		the actuarially assumed rate for each year, compounded
17		annually, from the date of service to the date of payment.
18		Subject to the limitation in subsection (i), a State
19		policeman, conservation police officer, investigator for the
20		Office of the Attorney General, an investigator for the
21		Department of Revenue, or investigator for the Secretary of
22		State may elect to establish eligible creditable service for up
23		to 5 years of service as a person employed by a participating
24		municipality to perform police duties, or law enforcement
25		officer employed on a full-time basis by a forest preserve
26		district under Article 7, a county corrections officer, or a

SB3733 Engrossed - 632 - LRB096 19592 AMC 34984 b
1		court services officer under Article 9, by filing a written
2		election with the Board within 6 months after August 25, 2009
3		(the effective date of Public Act 96-745) this amendatory Act
4		of the 96th General Assembly and paying to the System an amount
5		to be determined by the Board, equal to (i) the difference
6		between the amount of employee and employer contributions
7		transferred to the System under Sections 7-139.8 and 9-121.10
8		and the amounts that would have been contributed had such
9		contributions been made at the rates applicable to State
10		policemen, plus (ii) interest thereon at the actuarially
11		assumed rate for each year, compounded annually, from the date
12		of service to the date of payment.
13		(i) The total amount of eligible creditable service
14		established by any person under subsections (g), (h), (j), (k),
15		and (l) of this Section shall not exceed 12 years.
16		(j) Subject to the limitation in subsection (i), an
17		investigator for the Office of the State's Attorneys Appellate
18		Prosecutor or a controlled substance inspector may elect to
19		establish eligible creditable service for up to 10 years of his
20		service as a policeman under Article 3 or a sheriff's law
21		enforcement employee under Article 7, by filing a written
22		election with the Board, accompanied by payment of an amount to
23		be determined by the Board, equal to (1) the difference between
24		the amount of employee and employer contributions transferred
25		to the System under Section 3-110.6 or 7-139.8, and the amounts
26		that would have been contributed had such contributions been

SB3733 Engrossed - 633 - LRB096 19592 AMC 34984 b
1		made at the rates applicable to State policemen, plus (2)
2		interest thereon at the effective rate for each year,
3		compounded annually, from the date of service to the date of
4		payment.
5		(k) Subject to the limitation in subsection (i) of this
6		Section, an alternative formula employee may elect to establish
7		eligible creditable service for periods spent as a full-time
8		law enforcement officer or full-time corrections officer
9		employed by the federal government or by a state or local
10		government located outside of Illinois, for which credit is not
11		held in any other public employee pension fund or retirement
12		system. To obtain this credit, the applicant must file a
13		written application with the Board by March 31, 1998,
14		accompanied by evidence of eligibility acceptable to the Board
15		and payment of an amount to be determined by the Board, equal
16		to (1) employee contributions for the credit being established,
17		based upon the applicant's salary on the first day as an
18		alternative formula employee after the employment for which
19		credit is being established and the rates then applicable to
20		alternative formula employees, plus (2) an amount determined by
21		the Board to be the employer's normal cost of the benefits
22		accrued for the credit being established, plus (3) regular
23		interest on the amounts in items (1) and (2) from the first day
24		as an alternative formula employee after the employment for
25		which credit is being established to the date of payment.
26		(l) Subject to the limitation in subsection (i), a security

SB3733 Engrossed - 634 - LRB096 19592 AMC 34984 b
1		employee of the Department of Corrections may elect, not later
2		than July 1, 1998, to establish eligible creditable service for
3		up to 10 years of his or her service as a policeman under
4		Article 3, by filing a written election with the Board,
5		accompanied by payment of an amount to be determined by the
6		Board, equal to (i) the difference between the amount of
7		employee and employer contributions transferred to the System
8		under Section 3-110.5, and the amounts that would have been
9		contributed had such contributions been made at the rates
10		applicable to security employees of the Department of
11		Corrections, plus (ii) interest thereon at the effective rate
12		for each year, compounded annually, from the date of service to
13		the date of payment.
14		(m) The amendatory changes to this Section made by this
15		amendatory Act of the 94th General Assembly apply only to: (1)
16		security employees of the Department of Juvenile Justice
17		employed by the Department of Corrections before the effective
18		date of this amendatory Act of the 94th General Assembly and
19		transferred to the Department of Juvenile Justice by this
20		amendatory Act of the 94th General Assembly; and (2) persons
21		employed by the Department of Juvenile Justice on or after the
22		effective date of this amendatory Act of the 94th General
23		Assembly who are required by subsection (b) of Section 3-2.5-15
24		of the Unified Code of Corrections to have a bachelor's or
25		advanced degree from an accredited college or university with a
26		specialization in criminal justice, education, psychology,

SB3733 Engrossed - 635 - LRB096 19592 AMC 34984 b
1		social work, or a closely related social science or, in the
2		case of persons who provide vocational training, who are
3		required to have adequate knowledge in the skill for which they
4		are providing the vocational training.
5		(n) A person employed in a position under subsection (b) of
6		this Section who has purchased service credit under subsection
7		(j) of Section 14-104 or subsection (b) of Section 14-105 in
8		any other capacity under this Article may convert up to 5 years
9		of that service credit into service credit covered under this
10		Section by paying to the Fund an amount equal to (1) the
11		additional employee contribution required under Section
12		14-133, plus (2) the additional employer contribution required
13		under Section 14-131, plus (3) interest on items (1) and (2) at
14		the actuarially assumed rate from the date of the service to
15		the date of payment.
16		(Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09;
17		96-37, eff. 7-13-09; 96-745, eff. 8-25-09; revised 10-1-09.)
18		(40 ILCS 5/14-131)
19		Sec. 14-131. Contributions by State.
20		(a) The State shall make contributions to the System by
21		appropriations of amounts which, together with other employer
22		contributions from trust, federal, and other funds, employee
23		contributions, investment income, and other income, will be
24		sufficient to meet the cost of maintaining and administering
25		the System on a 90% funded basis in accordance with actuarial

SB3733 Engrossed - 636 - LRB096 19592 AMC 34984 b
1		recommendations.
2		For the purposes of this Section and Section 14-135.08,
3		references to State contributions refer only to employer
4		contributions and do not include employee contributions that
5		are picked up or otherwise paid by the State or a department on
6		behalf of the employee.
7		(b) The Board shall determine the total amount of State
8		contributions required for each fiscal year on the basis of the
9		actuarial tables and other assumptions adopted by the Board,
10		using the formula in subsection (e).
11		The Board shall also determine a State contribution rate
12		for each fiscal year, expressed as a percentage of payroll,
13		based on the total required State contribution for that fiscal
14		year (less the amount received by the System from
15		appropriations under Section 8.12 of the State Finance Act and
16		Section 1 of the State Pension Funds Continuing Appropriation
17		Act, if any, for the fiscal year ending on the June 30
18		immediately preceding the applicable November 15 certification
19		deadline), the estimated payroll (including all forms of
20		compensation) for personal services rendered by eligible
21		employees, and the recommendations of the actuary.
22		For the purposes of this Section and Section 14.1 of the
23		State Finance Act, the term "eligible employees" includes
24		employees who participate in the System, persons who may elect
25		to participate in the System but have not so elected, persons
26		who are serving a qualifying period that is required for

SB3733 Engrossed - 637 - LRB096 19592 AMC 34984 b
1		participation, and annuitants employed by a department as
2		described in subdivision (a)(1) or (a)(2) of Section 14-111.
3		(c) Contributions shall be made by the several departments
4		for each pay period by warrants drawn by the State Comptroller
5		against their respective funds or appropriations based upon
6		vouchers stating the amount to be so contributed. These amounts
7		shall be based on the full rate certified by the Board under
8		Section 14-135.08 for that fiscal year. From the effective date
9		of this amendatory Act of the 93rd General Assembly through the
10		payment of the final payroll from fiscal year 2004
11		appropriations, the several departments shall not make
12		contributions for the remainder of fiscal year 2004 but shall
13		instead make payments as required under subsection (a-1) of
14		Section 14.1 of the State Finance Act. The several departments
15		shall resume those contributions at the commencement of fiscal
16		year 2005.
17		(c-1) Notwithstanding subsection (c) of this Section, for
18		fiscal year 2010 only, contributions by the several departments
19		are not required to be made for General Revenue Funds payrolls
20		processed by the Comptroller. Payrolls paid by the several
21		departments from all other State funds must continue to be
22		processed pursuant to subsection (c) of this Section.
23		(c-2) For State fiscal year 2010 only, on or as soon as
24		possible after the 15th day of each month the Board shall
25		submit vouchers for payment of State contributions to the
26		System, in a total monthly amount of one-twelfth of the fiscal

SB3733 Engrossed - 638 - LRB096 19592 AMC 34984 b
1		year 2010 General Revenue Fund appropriation to the System.
2		(d) If an employee is paid from trust funds or federal
3		funds, the department or other employer shall pay employer
4		contributions from those funds to the System at the certified
5		rate, unless the terms of the trust or the federal-State
6		agreement preclude the use of the funds for that purpose, in
7		which case the required employer contributions shall be paid by
8		the State. From the effective date of this amendatory Act of
9		the 93rd General Assembly through the payment of the final
10		payroll from fiscal year 2004 appropriations, the department or
11		other employer shall not pay contributions for the remainder of
12		fiscal year 2004 but shall instead make payments as required
13		under subsection (a-1) of Section 14.1 of the State Finance
14		Act. The department or other employer shall resume payment of
15		contributions at the commencement of fiscal year 2005.
16		(e) For State fiscal years 2011 through 2045, the minimum
17		contribution to the System to be made by the State for each
18		fiscal year shall be an amount determined by the System to be
19		sufficient to bring the total assets of the System up to 90% of
20		the total actuarial liabilities of the System by the end of
21		State fiscal year 2045. In making these determinations, the
22		required State contribution shall be calculated each year as a
23		level percentage of payroll over the years remaining to and
24		including fiscal year 2045 and shall be determined under the
25		projected unit credit actuarial cost method.
26		For State fiscal years 1996 through 2005, the State

SB3733 Engrossed - 639 - LRB096 19592 AMC 34984 b
1		contribution to the System, as a percentage of the applicable
2		employee payroll, shall be increased in equal annual increments
3		so that by State fiscal year 2011, the State is contributing at
4		the rate required under this Section; except that (i) for State
5		fiscal year 1998, for all purposes of this Code and any other
6		law of this State, the certified percentage of the applicable
7		employee payroll shall be 5.052% for employees earning eligible
8		creditable service under Section 14-110 and 6.500% for all
9		other employees, notwithstanding any contrary certification
10		made under Section 14-135.08 before the effective date of this
11		amendatory Act of 1997, and (ii) in the following specified
12		State fiscal years, the State contribution to the System shall
13		not be less than the following indicated percentages of the
14		applicable employee payroll, even if the indicated percentage
15		will produce a State contribution in excess of the amount
16		otherwise required under this subsection and subsection (a):
17		9.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
18		2002; 10.6% in FY 2003; and 10.8% in FY 2004.
19		Notwithstanding any other provision of this Article, the
20		total required State contribution to the System for State
21		fiscal year 2006 is $203,783,900.
22		Notwithstanding any other provision of this Article, the
23		total required State contribution to the System for State
24		fiscal year 2007 is $344,164,400.
25		For each of State fiscal years 2008 through 2009, the State
26		contribution to the System, as a percentage of the applicable

SB3733 Engrossed - 640 - LRB096 19592 AMC 34984 b
1		employee payroll, shall be increased in equal annual increments
2		from the required State contribution for State fiscal year
3		2007, so that by State fiscal year 2011, the State is
4		contributing at the rate otherwise required under this Section.
5		Notwithstanding any other provision of this Article, the
6		total required State General Revenue Fund contribution for
7		State fiscal year 2010 is $723,703,100 and shall be made from
8		the proceeds of bonds sold in fiscal year 2010 pursuant to
9		Section 7.2 of the General Obligation Bond Act, less (i) the
10		pro rata share of bond sale expenses determined by the System's
11		share of total bond proceeds, (ii) any amounts received from
12		the General Revenue Fund in fiscal year 2010, and (iii) any
13		reduction in bond proceeds due to the issuance of discounted
14		bonds, if applicable.
15		Beginning in State fiscal year 2046, the minimum State
16		contribution for each fiscal year shall be the amount needed to
17		maintain the total assets of the System at 90% of the total
18		actuarial liabilities of the System.
19		Amounts received by the System pursuant to Section 25 of
20		the Budget Stabilization Act or Section 8.12 of the State
21		Finance Act in any fiscal year do not reduce and do not
22		constitute payment of any portion of the minimum State
23		contribution required under this Article in that fiscal year.
24		Such amounts shall not reduce, and shall not be included in the
25		calculation of, the required State contributions under this
26		Article in any future year until the System has reached a

SB3733 Engrossed - 641 - LRB096 19592 AMC 34984 b
1		funding ratio of at least 90%. A reference in this Article to
2		the "required State contribution" or any substantially similar
3		term does not include or apply to any amounts payable to the
4		System under Section 25 of the Budget Stabilization Act.
5		Notwithstanding any other provision of this Section, the
6		required State contribution for State fiscal year 2005 and for
7		fiscal year 2008 and each fiscal year thereafter, as calculated
8		under this Section and certified under Section 14-135.08, shall
9		not exceed an amount equal to (i) the amount of the required
10		State contribution that would have been calculated under this
11		Section for that fiscal year if the System had not received any
12		payments under subsection (d) of Section 7.2 of the General
13		Obligation Bond Act, minus (ii) the portion of the State's
14		total debt service payments for that fiscal year on the bonds
15		issued for the purposes of that Section 7.2, as determined and
16		certified by the Comptroller, that is the same as the System's
17		portion of the total moneys distributed under subsection (d) of
18		Section 7.2 of the General Obligation Bond Act. In determining
19		this maximum for State fiscal years 2008 through 2010, however,
20		the amount referred to in item (i) shall be increased, as a
21		percentage of the applicable employee payroll, in equal
22		increments calculated from the sum of the required State
23		contribution for State fiscal year 2007 plus the applicable
24		portion of the State's total debt service payments for fiscal
25		year 2007 on the bonds issued for the purposes of Section 7.2
26		of the General Obligation Bond Act, so that, by State fiscal

SB3733 Engrossed - 642 - LRB096 19592 AMC 34984 b
1		year 2011, the State is contributing at the rate otherwise
2		required under this Section.
3		(f) After the submission of all payments for eligible
4		employees from personal services line items in fiscal year 2004
5		have been made, the Comptroller shall provide to the System a
6		certification of the sum of all fiscal year 2004 expenditures
7		for personal services that would have been covered by payments
8		to the System under this Section if the provisions of this
9		amendatory Act of the 93rd General Assembly had not been
10		enacted. Upon receipt of the certification, the System shall
11		determine the amount due to the System based on the full rate
12		certified by the Board under Section 14-135.08 for fiscal year
13		2004 in order to meet the State's obligation under this
14		Section. The System shall compare this amount due to the amount
15		received by the System in fiscal year 2004 through payments
16		under this Section and under Section 6z-61 of the State Finance
17		Act. If the amount due is more than the amount received, the
18		difference shall be termed the "Fiscal Year 2004 Shortfall" for
19		purposes of this Section, and the Fiscal Year 2004 Shortfall
20		shall be satisfied under Section 1.2 of the State Pension Funds
21		Continuing Appropriation Act. If the amount due is less than
22		the amount received, the difference shall be termed the "Fiscal
23		Year 2004 Overpayment" for purposes of this Section, and the
24		Fiscal Year 2004 Overpayment shall be repaid by the System to
25		the Pension Contribution Fund as soon as practicable after the
26		certification.

SB3733 Engrossed - 643 - LRB096 19592 AMC 34984 b
1		(g) For purposes of determining the required State
2		contribution to the System, the value of the System's assets
3		shall be equal to the actuarial value of the System's assets,
4		which shall be calculated as follows:
5		As of June 30, 2008, the actuarial value of the System's
6		assets shall be equal to the market value of the assets as of
7		that date. In determining the actuarial value of the System's
8		assets for fiscal years after June 30, 2008, any actuarial
9		gains or losses from investment return incurred in a fiscal
10		year shall be recognized in equal annual amounts over the
11		5-year period following that fiscal year.
12		(h) For purposes of determining the required State
13		contribution to the System for a particular year, the actuarial
14		value of assets shall be assumed to earn a rate of return equal
15		to the System's actuarially assumed rate of return.
16		(i) (g) After the submission of all payments for eligible
17		employees from personal services line items paid from the
18		General Revenue Fund in fiscal year 2010 have been made, the
19		Comptroller shall provide to the System a certification of the
20		sum of all fiscal year 2010 expenditures for personal services
21		that would have been covered by payments to the System under
22		this Section if the provisions of this amendatory Act of the
23		96th General Assembly had not been enacted. Upon receipt of the
24		certification, the System shall determine the amount due to the
25		System based on the full rate certified by the Board under
26		Section 14-135.08 for fiscal year 2010 in order to meet the

SB3733 Engrossed - 644 - LRB096 19592 AMC 34984 b
1		State's obligation under this Section. The System shall compare
2		this amount due to the amount received by the System in fiscal
3		year 2010 through payments under this Section. If the amount
4		due is more than the amount received, the difference shall be
5		termed the "Fiscal Year 2010 Shortfall" for purposes of this
6		Section, and the Fiscal Year 2010 Shortfall shall be satisfied
7		under Section 1.2 of the State Pension Funds Continuing
8		Appropriation Act. If the amount due is less than the amount
9		received, the difference shall be termed the "Fiscal Year 2010
10		Overpayment" for purposes of this Section, and the Fiscal Year
11		2010 Overpayment shall be repaid by the System to the General
12		Revenue Fund as soon as practicable after the certification.
13		(Source: P.A. 95-950, eff. 8-29-08; 96-43, eff. 7-15-09; 96-45,
14		eff. 7-15-09; revised 11-3-09.)
15		(40 ILCS 5/15-159) (from Ch. 108 1/2, par. 15-159)
16		Sec. 15-159. Board created.
17		(a) A board of trustees constituted as provided in this
18		Section shall administer this System. The board shall be known
19		as the Board of Trustees of the State Universities Retirement
20		System.
21		(b) Until July 1, 1995, the Board of Trustees shall be
22		constituted as follows:
23		Two trustees shall be members of the Board of Trustees of
24		the University of Illinois, one shall be a member of the Board
25		of Trustees of Southern Illinois University, one shall be a

SB3733 Engrossed - 645 - LRB096 19592 AMC 34984 b
1		member of the Board of Trustees of Chicago State University,
2		one shall be a member of the Board of Trustees of Eastern
3		Illinois University, one shall be a member of the Board of
4		Trustees of Governors State University, one shall be a member
5		of the Board of Trustees of Illinois State University, one
6		shall be a member of the Board of Trustees of Northeastern
7		Illinois University, one shall be a member of the Board of
8		Trustees of Northern Illinois University, one shall be a member
9		of the Board of Trustees of Western Illinois University, and
10		one shall be a member of the Illinois Community College Board,
11		selected in each case by their respective boards, and 2 shall
12		be participants of the system appointed by the Governor for a 6
13		year term with the first appointment made pursuant to this
14		amendatory Act of 1984 to be effective September 1, 1985, and
15		one shall be a participant appointed by the Illinois Community
16		College Board for a 6 year term, and one shall be a participant
17		appointed by the Board of Trustees of the University of
18		Illinois for a 6 year term, and one shall be a participant or
19		annuitant of the system who is a senior citizen age 60 or older
20		appointed by the Governor for a 6 year term with the first
21		appointment to be effective September 1, 1985.
22		The terms of all trustees holding office under this
23		subsection (b) on June 30, 1995 shall terminate at the end of
24		that day and the Board shall thereafter be constituted as
25		provided in subsection (c).
26		(c) Beginning July 1, 1995, the Board of Trustees shall be

SB3733 Engrossed - 646 - LRB096 19592 AMC 34984 b
1		constituted as follows:
2		The Board shall consist of 9 trustees appointed by the
3		Governor. Two of the trustees, designated at the time of
4		appointment, shall be participants of the System. Two of the
5		trustees, designated at the time of appointment, shall be
6		annuitants of the System who are receiving retirement annuities
7		under this Article. The 5 remaining trustees may, but need not,
8		be participants or annuitants of the System.
9		The term of office of trustees appointed under this
10		subsection (c) shall be 6 years, beginning on July 1. However,
11		of the initial trustees appointed under this subsection (c), 3
12		shall be appointed for terms of 2 years, 3 shall be appointed
13		for terms of 4 years, and 3 shall be appointed for terms of 6
14		years, to be designated by the Governor at the time of
15		appointment.
16		The terms of all trustees holding office under this
17		subsection (c) on the effective date of this amendatory Act of
18		the 96th General Assembly shall terminate on that effective
19		date. The Governor shall make nominations for appointment under
20		this Section within 60 days after the effective date of this
21		amendatory Act of the 96th General Assembly. A trustee sitting
22		on the board on the effective date of this amendatory Act of
23		the 96th General Assembly may not hold over in office for more
24		than 90 days after the effective date of this amendatory Act of
25		the 96th General Assembly. Nothing in this Section shall
26		prevent the Governor from making a temporary appointment or

SB3733 Engrossed - 647 - LRB096 19592 AMC 34984 b
1		nominating a trustee holding office on the day before the
2		effective date of this amendatory Act of the 96th General
3		Assembly.
4		(d) Beginning on the 90th day after the effective date of
5		this amendatory Act of the 96th General Assembly, the Board of
6		Trustees shall be constituted as follows:
7		(1) The Chairperson of the Board of Higher Education,
8		who shall act as chairperson of this Board.
9		(2) Four trustees appointed by the Governor with the
10		advice and consent of the Senate who may not be members of
11		the system or hold an elective State office and who shall
12		serve for a term of 6 years, except that the terms of the
13		initial appointees under this subsection (d) shall be as
14		follows: 2 for a term of 3 years and 2 for a term of 6
15		years.
16		(3) Four active participants of the system to be
17		elected from the contributing membership of the system by
18		the contributing members, no more than 2 of which may be
19		from any of the University of Illinois campuses, who shall
20		serve for a term of 6 years, except that the terms of the
21		initial electees shall be as follows: 2 for a term of 3
22		years and 2 for a term of 6 years.
23		(4) Two annuitants of the system who have been
24		annuitants for at least one full year, to be elected from
25		and by the annuitants of the system, no more than one of
26		which may be from any of the University of Illinois

SB3733 Engrossed - 648 - LRB096 19592 AMC 34984 b
1		campuses, who shall serve for a term of 6 years, except
2		that the terms of the initial electees shall be as follows:
3		one for a term of 3 years and one for a term of 6 years.
4		For the purposes of this Section, the Governor may make a
5		nomination and the Senate may confirm the nominee in advance of
6		the commencement of the nominee's term of office.
7		(e) The 6 elected trustees shall be elected within 90 days
8		after the effective date of this amendatory Act of the 96th
9		General Assembly for a term beginning on the 90th day after the
10		effective date of this amendatory Act. Trustees shall be
11		elected thereafter as terms expire for a 6-year term beginning
12		July 15 next following their election, and such election shall
13		be held on May 1, or on May 2 when May 1 falls on a Sunday. The
14		board may establish rules for the election of trustees to
15		implement the provisions of this amendatory Act of the 96th
16		General Assembly and for future elections. Candidates for the
17		participating trustee shall be nominated by petitions in
18		writing, signed by not less than 400 participants with their
19		addresses shown opposite their names. Candidates for the
20		annuitant trustee shall be nominated by petitions in writing,
21		signed by not less than 100 annuitants with their addresses
22		shown opposite their names. If there is more than one qualified
23		nominee for each elected trustee, then the board shall conduct
24		a secret ballot election by mail for that trustee, in
25		accordance with rules as established by the board. If there is
26		only one qualified person nominated by petition for each

SB3733 Engrossed - 649 - LRB096 19592 AMC 34984 b
1		elected trustee, then the election as required by this Section
2		shall not be conducted for that trustee and the board shall
3		declare such nominee duly elected. A vacancy occurring in the
4		elective membership of the board shall be filled for the
5		unexpired term by the elected trustees serving on the board for
6		the remainder of the term.
7		(f) A vacancy on the board of trustees caused by
8		resignation, death, expiration of term of office, or other
9		reason shall be filled by a qualified person appointed by the
10		Governor for the remainder of the unexpired term.
11		(g) Trustees (other than the trustees incumbent on June 30,
12		1995 or as provided in subsection (c) of this Section) shall
13		continue in office until their respective successors are
14		appointed and have qualified, except that a trustee appointed
15		to one of the participant positions shall be disqualified
16		immediately upon the termination of his or her status as a
17		participant and a trustee appointed to one of the annuitant
18		positions shall be disqualified immediately upon the
19		termination of his or her status as an annuitant receiving a
20		retirement annuity.
21		(h) Each trustee must take an oath of office before a
22		notary public of this State and shall qualify as a trustee upon
23		the presentation to the board of a certified copy of the oath.
24		The oath must state that the person will diligently and
25		honestly administer the affairs of the retirement system, and
26		will not knowingly violate or wilfully permit to be violated

SB3733 Engrossed - 650 - LRB096 19592 AMC 34984 b
1		any provisions of this Article.
2		Each trustee shall serve without compensation but shall be
3		reimbursed for expenses necessarily incurred in attending
4		board meetings and carrying out his or her duties as a trustee
5		or officer of the system.
6		(i) This amendatory Act of 1995 is intended to supersede
7		the changes made to this Section by Public Act 89-4.
8		(Source: P.A. 96-6, eff. 4-3-09; revised 4-14-09.)
9		(40 ILCS 5/18-125) (from Ch. 108 1/2, par. 18-125)
10		Sec. 18-125. Retirement annuity amount.
11		(a) The annual retirement annuity for a participant who
12		terminated service as a judge prior to July 1, 1971 shall be
13		based on the law in effect at the time of termination of
14		service.
15		(b) Effective July 1, 1971, the retirement annuity for any
16		participant in service on or after such date shall be 3 1/2% of
17		final average salary, as defined in this Section, for each of
18		the first 10 years of service, and 5% of such final average
19		salary for each year of service on excess of 10.
20		For purposes of this Section, final average salary for a
21		participant who first serves as a judge before August 10, 2009
22		(the effective date of Public Act 96-207) this amendatory Act
23		of the 96th General Assembly shall be:
24		(1) the average salary for the last 4 years of credited
25		service as a judge for a participant who terminates service

SB3733 Engrossed - 651 - LRB096 19592 AMC 34984 b
1		before July 1, 1975.
2		(2) for a participant who terminates service after June
3		30, 1975 and before July 1, 1982, the salary on the last
4		day of employment as a judge.
5		(3) for any participant who terminates service after
6		June 30, 1982 and before January 1, 1990, the average
7		salary for the final year of service as a judge.
8		(4) for a participant who terminates service on or
9		after January 1, 1990 but before the effective date of this
10		amendatory Act of 1995, the salary on the last day of
11		employment as a judge.
12		(5) for a participant who terminates service on or
13		after the effective date of this amendatory Act of 1995,
14		the salary on the last day of employment as a judge, or the
15		highest salary received by the participant for employment
16		as a judge in a position held by the participant for at
17		least 4 consecutive years, whichever is greater.
18		However, in the case of a participant who elects to
19		discontinue contributions as provided in subdivision (a)(2) of
20		Section 18-133, the time of such election shall be considered
21		the last day of employment in the determination of final
22		average salary under this subsection.
23		For a participant who first serves as a judge on or after
24		August 10, 2009 (the effective date of Public Act 96-207) this
25		amendatory Act of the 96th General Assembly, final average
26		salary shall be the average monthly salary obtained by dividing

SB3733 Engrossed - 652 - LRB096 19592 AMC 34984 b
1		the total salary of the participant during the period of: (1)
2		the 48 consecutive months of service within the last 120 months
3		of service in which the total compensation was the highest, or
4		(2) the total period of service, if less than 48 months, by the
5		number of months of service in that period.
6		The maximum retirement annuity for any participant shall be
7		85% of final average salary.
8		(c) The retirement annuity for a participant who retires
9		prior to age 60 with less than 28 years of service in the
10		System shall be reduced 1/2 of 1% for each month that the
11		participant's age is under 60 years at the time the annuity
12		commences. However, for a participant who retires on or after
13		the effective date of this amendatory Act of the 91st General
14		Assembly, the percentage reduction in retirement annuity
15		imposed under this subsection shall be reduced by 5/12 of 1%
16		for every month of service in this System in excess of 20
17		years, and therefore a participant with at least 26 years of
18		service in this System may retire at age 55 without any
19		reduction in annuity.
20		The reduction in retirement annuity imposed by this
21		subsection shall not apply in the case of retirement on account
22		of disability.
23		(Source: P.A. 96-207, eff. 8-10-09; revised 10-30-09.)
24		Section 230. The State Pension Funds Continuing
25		Appropriation Act is amended by changing Section 1.2 as

SB3733 Engrossed - 653 - LRB096 19592 AMC 34984 b
1		follows:
2		(40 ILCS 15/1.2)
3		Sec. 1.2. Appropriations for the State Employees'
4		Retirement System.
5		(a) From each fund from which an amount is appropriated for
6		personal services to a department or other employer under
7		Article 14 of the Illinois Pension Code, there is hereby
8		appropriated to that department or other employer, on a
9		continuing annual basis for each State fiscal year, an
10		additional amount equal to the amount, if any, by which (1) an
11		amount equal to the percentage of the personal services line
12		item for that department or employer from that fund for that
13		fiscal year that the Board of Trustees of the State Employees'
14		Retirement System of Illinois has certified under Section
15		14-135.08 of the Illinois Pension Code to be necessary to meet
16		the State's obligation under Section 14-131 of the Illinois
17		Pension Code for that fiscal year, exceeds (2) the amounts
18		otherwise appropriated to that department or employer from that
19		fund for State contributions to the State Employees' Retirement
20		System for that fiscal year. From the effective date of this
21		amendatory Act of the 93rd General Assembly through the final
22		payment from a department or employer's personal services line
23		item for fiscal year 2004, payments to the State Employees'
24		Retirement System that otherwise would have been made under
25		this subsection (a) shall be governed by the provisions in

SB3733 Engrossed - 654 - LRB096 19592 AMC 34984 b
1		subsection (a-1).
2		(a-1) If a Fiscal Year 2004 Shortfall is certified under
3		subsection (f) of Section 14-131 of the Illinois Pension Code,
4		there is hereby appropriated to the State Employees' Retirement
5		System of Illinois on a continuing basis from the General
6		Revenue Fund an additional aggregate amount equal to the Fiscal
7		Year 2004 Shortfall.
8		(a-2) If a Fiscal Year 2010 Shortfall is certified under
9		subsection (g) of Section 14-131 of the Illinois Pension Code,
10		there is hereby appropriated to the State Employees' Retirement
11		System of Illinois on a continuing basis from the General
12		Revenue Fund an additional aggregate amount equal to the Fiscal
13		Year 2010 Shortfall.
14		(b) The continuing appropriations provided for by this
15		Section shall first be available in State fiscal year 1996.
16		(c) Beginning in Fiscal Year 2005, any continuing
17		appropriation under this Section arising out of an
18		appropriation for personal services from the Road Fund to the
19		Department of State Police or the Secretary of State shall be
20		payable from the General Revenue Fund rather than the Road
21		Fund.
22		(d) For State fiscal year 2010 only, a continuing
23		appropriation is provided to the State Employees' Retirement
24		System equal to the amount certified by the System on or before
25		December 31, 2008, less the gross proceeds of the bonds sold in
26		fiscal year 2010 under the authorization contained in

SB3733 Engrossed - 655 - LRB096 19592 AMC 34984 b
1		subsection (a) of Section 7.2 of the General Obligation Bond
2		Act.
3		(Source: P.A. 96-43, eff. 7-15-09; 96-45, eff. 7-15-09; revised
4		11-3-09.)
5		Section 235. The Emergency Telephone System Act is amended
6		by changing Section 15.4 as follows:
7		(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
8		Sec. 15.4. Emergency Telephone System Board; powers.
9		(a) The corporate authorities of any county or municipality
10		that imposes a surcharge under Section 15.3 shall establish an
11		Emergency Telephone System Board. The corporate authorities
12		shall provide for the manner of appointment and the number of
13		members of the Board, provided that the board shall consist of
14		not fewer than 5 members, one of whom must be a public member
15		who is a resident of the local exchange service territory
16		included in the 9-1-1 coverage area, one of whom (in counties
17		with a population less than 100,000) must be a member of the
18		county board, and at least 3 of whom shall be representative of
19		the 9-1-1 public safety agencies, including but not limited to
20		police departments, fire departments, emergency medical
21		services providers, and emergency services and disaster
22		agencies, and appointed on the basis of their ability or
23		experience. In counties with a population of more than 100,000
24		but less than 2,000,000, a member of the county board may serve

SB3733 Engrossed - 656 - LRB096 19592 AMC 34984 b
1		on the Emergency Telephone System Board. Elected officials,
2		including members of a county board, are also eligible to serve
3		on the board. Members of the board shall serve without
4		compensation but shall be reimbursed for their actual and
5		necessary expenses. Any 2 or more municipalities, counties, or
6		combination thereof, that impose a surcharge under Section 15.3
7		may, instead of establishing individual boards, establish by
8		intergovernmental agreement a Joint Emergency Telephone System
9		Board pursuant to this Section. The manner of appointment of
10		such a joint board shall be prescribed in the agreement.
11		(b) The powers and duties of the board shall be defined by
12		ordinance of the municipality or county, or by
13		intergovernmental agreement in the case of a joint board. The
14		powers and duties shall include, but need not be limited to the
15		following:
16		(1) Planning a 9-1-1 system.
17		(2) Coordinating and supervising the implementation,
18		upgrading, or maintenance of the system, including the
19		establishment of equipment specifications and coding
20		systems.
21		(3) Receiving moneys from the surcharge imposed under
22		Section 15.3, and from any other source, for deposit into
23		the Emergency Telephone System Fund.
24		(4) Authorizing all disbursements from the fund.
25		(5) Hiring any staff necessary for the implementation
26		or upgrade of the system.

SB3733 Engrossed - 657 - LRB096 19592 AMC 34984 b
1		(c) All moneys received by a board pursuant to a surcharge
2		imposed under Section 15.3 shall be deposited into a separate
3		interest-bearing Emergency Telephone System Fund account. The
4		treasurer of the municipality or county that has established
5		the board or, in the case of a joint board, any municipal or
6		county treasurer designated in the intergovernmental
7		agreement, shall be custodian of the fund. All interest
8		accruing on the fund shall remain in the fund. No expenditures
9		may be made from such fund except upon the direction of the
10		board by resolution passed by a majority of all members of the
11		board. Expenditures may be made only to pay for the costs
12		associated with the following:
13		(1) The design of the Emergency Telephone System.
14		(2) The coding of an initial Master Street Address
15		Guide data base, and update and maintenance thereof.
16		(3) The repayment of any moneys advanced for the
17		implementation of the system.
18		(4) The charges for Automatic Number Identification
19		and Automatic Location Identification equipment, a
20		computer aided dispatch system that records, maintains,
21		and integrates information, mobile data transmitters
22		equipped with automatic vehicle locators, and maintenance,
23		replacement and update thereof to increase operational
24		efficiency and improve the provision of emergency
25		services.
26		(5) The non-recurring charges related to installation

SB3733 Engrossed - 658 - LRB096 19592 AMC 34984 b
1		of the Emergency Telephone System and the ongoing network
2		charges.
3		(6) The acquisition and installation, or the
4		reimbursement of costs therefor to other governmental
5		bodies that have incurred those costs, of road or street
6		signs that are essential to the implementation of the
7		emergency telephone system and that are not duplicative of
8		signs that are the responsibility of the jurisdiction
9		charged with maintaining road and street signs.
10		(7) Other products and services necessary for the
11		implementation, upgrade, and maintenance of the system and
12		any other purpose related to the operation of the system,
13		including costs attributable directly to the construction,
14		leasing, or maintenance of any buildings or facilities or
15		costs of personnel attributable directly to the operation
16		of the system. Costs attributable directly to the operation
17		of an emergency telephone system do not include the costs
18		of public safety agency personnel who are and equipment
19		that is dispatched in response to an emergency call.
20		(8) In the case of a municipality that imposes a
21		surcharge under subsection (h) of Section 15.3, moneys may
22		also be used for any anti-terrorism or emergency
23		preparedness measures, including, but not limited to,
24		preparedness planning, providing local matching funds for
25		federal or State grants, personnel training, and
26		specialized equipment, including surveillance cameras as

SB3733 Engrossed - 659 - LRB096 19592 AMC 34984 b
1		needed to deal with natural and terrorist-inspired
2		emergency situations or events.
3		Moneys in the fund may also be transferred to a
4		participating fire protection district to reimburse volunteer
5		firefighters who man remote telephone switching facilities
6		when dedicated 9-1-1 lines are down.
7		(d) The board shall complete the data base before
8		implementation of the 9-1-1 system. The error ratio of the data
9		base shall not at any time exceed 1% of the total data base.
10		(Source: P.A. 95-698, eff. 1-1-08; 95-806, eff. 1-1-09;
11		95-1012, eff. 12-15-08; revised 1-18-10.)
12		Section 240. The Counties Code is amended by changing
13		Sections 5-1006.5, 5-1069.3, 5-1123, and 5-12020 as follows:
14		(55 ILCS 5/5-1006.5)
15		(Text of Section before amendment by P.A. 96-845)
16		Sec. 5-1006.5. Special County Retailers' Occupation Tax
17		For Public Safety, Public Facilities, or Transportation.
18		(a) The county board of any county may impose a tax upon
19		all persons engaged in the business of selling tangible
20		personal property, other than personal property titled or
21		registered with an agency of this State's government, at retail
22		in the county on the gross receipts from the sales made in the
23		course of business to provide revenue to be used exclusively
24		for public safety, public facility, or transportation purposes

SB3733 Engrossed - 660 - LRB096 19592 AMC 34984 b
1		in that county, if a proposition for the tax has been submitted
2		to the electors of that county and approved by a majority of
3		those voting on the question. If imposed, this tax shall be
4		imposed only in one-quarter percent increments. By resolution,
5		the county board may order the proposition to be submitted at
6		any election. If the tax is imposed for transportation purposes
7		for expenditures for public highways or as authorized under the
8		Illinois Highway Code, the county board must publish notice of
9		the existence of its long-range highway transportation plan as
10		required or described in Section 5-301 of the Illinois Highway
11		Code and must make the plan publicly available prior to
12		approval of the ordinance or resolution imposing the tax. If
13		the tax is imposed for transportation purposes for expenditures
14		for passenger rail transportation, the county board must
15		publish notice of the existence of its long-range passenger
16		rail transportation plan and must make the plan publicly
17		available prior to approval of the ordinance or resolution
18		imposing the tax.
19		If a tax is imposed for public facilities purposes, then
20		the name of the project may be included in the proposition at
21		the discretion of the county board as determined in the
22		enabling resolution. For example, the "XXX Nursing Home" or the
23		"YYY Museum".
24		The county clerk shall certify the question to the proper
25		election authority, who shall submit the proposition at an
26		election in accordance with the general election law.

SB3733 Engrossed - 661 - LRB096 19592 AMC 34984 b
1		(1) The proposition for public safety purposes shall be
2		in substantially the following form:
3		"To pay for public safety purposes, shall (name of
4		county) be authorized to impose an increase on its share of
5		local sales taxes by (insert rate)?"
6		As additional information on the ballot below the
7		question shall appear the following:
8		"This would mean that a consumer would pay an
9		additional (insert amount) in sales tax for every $100 of
10		tangible personal property bought at retail."
11		The county board may also opt to establish a sunset
12		provision at which time the additional sales tax would
13		cease being collected, if not terminated earlier by a vote
14		of the county board. If the county board votes to include a
15		sunset provision, the proposition for public safety
16		purposes shall be in substantially the following form:
17		"To pay for public safety purposes, shall (name of
18		county) be authorized to impose an increase on its share of
19		local sales taxes by (insert rate) for a period not to
20		exceed (insert number of years)?"
21		As additional information on the ballot below the
22		question shall appear the following:
23		"This would mean that a consumer would pay an
24		additional (insert amount) in sales tax for every $100 of
25		tangible personal property bought at retail. If imposed,
26		the additional tax would cease being collected at the end

SB3733 Engrossed - 662 - LRB096 19592 AMC 34984 b
1		of (insert number of years), if not terminated earlier by a
2		vote of the county board."
3		For the purposes of the paragraph, "public safety
4		purposes" means crime prevention, detention, fire
5		fighting, police, medical, ambulance, or other emergency
6		services.
7		Votes shall be recorded as "Yes" or "No".
8		(2) The proposition for transportation purposes shall
9		be in substantially the following form:
10		"To pay for improvements to roads and other
11		transportation purposes, shall (name of county) be
12		authorized to impose an increase on its share of local
13		sales taxes by (insert rate)?"
14		As additional information on the ballot below the
15		question shall appear the following:
16		"This would mean that a consumer would pay an
17		additional (insert amount) in sales tax for every $100 of
18		tangible personal property bought at retail."
19		The county board may also opt to establish a sunset
20		provision at which time the additional sales tax would
21		cease being collected, if not terminated earlier by a vote
22		of the county board. If the county board votes to include a
23		sunset provision, the proposition for transportation
24		purposes shall be in substantially the following form:
25		"To pay for road improvements and other transportation
26		purposes, shall (name of county) be authorized to impose an

SB3733 Engrossed - 663 - LRB096 19592 AMC 34984 b
1		increase on its share of local sales taxes by (insert rate)
2		for a period not to exceed (insert number of years)?"
3		As additional information on the ballot below the
4		question shall appear the following:
5		"This would mean that a consumer would pay an
6		additional (insert amount) in sales tax for every $100 of
7		tangible personal property bought at retail. If imposed,
8		the additional tax would cease being collected at the end
9		of (insert number of years), if not terminated earlier by a
10		vote of the county board."
11		For the purposes of this paragraph, transportation
12		purposes means construction, maintenance, operation, and
13		improvement of public highways, any other purpose for which
14		a county may expend funds under the Illinois Highway Code,
15		and passenger rail transportation.
16		The votes shall be recorded as "Yes" or "No".
17		(3) The proposition for public facilities purposes
18		shall be in substantially the following form:
19		"To pay for public facilities purposes, shall (name of
20		county) be authorized to impose an increase on its share of
21		local sales taxes by (insert rate)?"
22		As additional information on the ballot below the
23		question shall appear the following:
24		"This would mean that a consumer would pay an
25		additional (insert amount) in sales tax for every $100 of
26		tangible personal property bought at retail."

SB3733 Engrossed - 664 - LRB096 19592 AMC 34984 b
1		The county board may also opt to establish a sunset
2		provision at which time the additional sales tax would
3		cease being collected, if not terminated earlier by a vote
4		of the county board. If the county board votes to include a
5		sunset provision, the proposition for public facilities
6		purposes shall be in substantially the following form:
7		"To pay for public facilities purposes, shall (name of
8		county) be authorized to impose an increase on its share of
9		local sales taxes by (insert rate) for a period not to
10		exceed (insert number of years)?"
11		As additional information on the ballot below the
12		question shall appear the following:
13		"This would mean that a consumer would pay an
14		additional (insert amount) in sales tax for every $100 of
15		tangible personal property bought at retail. If imposed,
16		the additional tax would cease being collected at the end
17		of (insert number of years), if not terminated earlier by a
18		vote of the county board."
19		For purposes of this Section, "public facilities
20		purposes" means the acquisition, development,
21		construction, reconstruction, rehabilitation, improvement,
22		financing, architectural planning, and installation of
23		capital facilities consisting of buildings, structures,
24		and durable equipment and for the acquisition and
25		improvement of real property and interest in real property
26		required, or expected to be required, in connection with

SB3733 Engrossed - 665 - LRB096 19592 AMC 34984 b
1		the public facilities, for use by the county for the
2		furnishing of governmental services to its citizens,
3		including but not limited to museums and nursing homes.
4		The votes shall be recorded as "Yes" or "No".
5		If a majority of the electors voting on the proposition
6		vote in favor of it, the county may impose the tax. A county
7		may not submit more than one proposition authorized by this
8		Section to the electors at any one time.
9		This additional tax may not be imposed on the sales of food
10		for human consumption that is to be consumed off the premises
11		where it is sold (other than alcoholic beverages, soft drinks,
12		and food which has been prepared for immediate consumption) and
13		prescription and non-prescription medicines, drugs, medical
14		appliances and insulin, urine testing materials, syringes, and
15		needles used by diabetics. The tax imposed by a county under
16		this Section and all civil penalties that may be assessed as an
17		incident of the tax shall be collected and enforced by the
18		Illinois Department of Revenue and deposited into a special
19		fund created for that purpose. The certificate of registration
20		that is issued by the Department to a retailer under the
21		Retailers' Occupation Tax Act shall permit the retailer to
22		engage in a business that is taxable without registering
23		separately with the Department under an ordinance or resolution
24		under this Section. The Department has full power to administer
25		and enforce this Section, to collect all taxes and penalties
26		due under this Section, to dispose of taxes and penalties so

SB3733 Engrossed - 666 - LRB096 19592 AMC 34984 b
1		collected in the manner provided in this Section, and to
2		determine all rights to credit memoranda arising on account of
3		the erroneous payment of a tax or penalty under this Section.
4		In the administration of and compliance with this Section, the
5		Department and persons who are subject to this Section shall
6		(i) have the same rights, remedies, privileges, immunities,
7		powers, and duties, (ii) be subject to the same conditions,
8		restrictions, limitations, penalties, and definitions of
9		terms, and (iii) employ the same modes of procedure as are
10		prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
11		1n, 2 through 2-70 (in respect to all provisions contained in
12		those Sections other than the State rate of tax), 2a, 2b, 2c, 3
13		(except provisions relating to transaction returns and quarter
14		monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
15		5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of
16		the Retailers' Occupation Tax Act and Section 3-7 of the
17		Uniform Penalty and Interest Act as if those provisions were
18		set forth in this Section.
19		Persons subject to any tax imposed under the authority
20		granted in this Section may reimburse themselves for their
21		sellers' tax liability by separately stating the tax as an
22		additional charge, which charge may be stated in combination,
23		in a single amount, with State tax which sellers are required
24		to collect under the Use Tax Act, pursuant to such bracketed
25		schedules as the Department may prescribe.
26		Whenever the Department determines that a refund should be

SB3733 Engrossed - 667 - LRB096 19592 AMC 34984 b
1		made under this Section to a claimant instead of issuing a
2		credit memorandum, the Department shall notify the State
3		Comptroller, who shall cause the order to be drawn for the
4		amount specified and to the person named in the notification
5		from the Department. The refund shall be paid by the State
6		Treasurer out of the County Public Safety or Transportation
7		Retailers' Occupation Tax Fund.
8		(b) If a tax has been imposed under subsection (a), a
9		service occupation tax shall also be imposed at the same rate
10		upon all persons engaged, in the county, in the business of
11		making sales of service, who, as an incident to making those
12		sales of service, transfer tangible personal property within
13		the county as an incident to a sale of service. This tax may
14		not be imposed on sales of food for human consumption that is
15		to be consumed off the premises where it is sold (other than
16		alcoholic beverages, soft drinks, and food prepared for
17		immediate consumption) and prescription and non-prescription
18		medicines, drugs, medical appliances and insulin, urine
19		testing materials, syringes, and needles used by diabetics. The
20		tax imposed under this subsection and all civil penalties that
21		may be assessed as an incident thereof shall be collected and
22		enforced by the Department of Revenue. The Department has full
23		power to administer and enforce this subsection; to collect all
24		taxes and penalties due hereunder; to dispose of taxes and
25		penalties so collected in the manner hereinafter provided; and
26		to determine all rights to credit memoranda arising on account

SB3733 Engrossed - 668 - LRB096 19592 AMC 34984 b
1		of the erroneous payment of tax or penalty hereunder. In the
2		administration of, and compliance with this subsection, the
3		Department and persons who are subject to this paragraph shall
4		(i) have the same rights, remedies, privileges, immunities,
5		powers, and duties, (ii) be subject to the same conditions,
6		restrictions, limitations, penalties, exclusions, exemptions,
7		and definitions of terms, and (iii) employ the same modes of
8		procedure as are prescribed in Sections 2 (except that the
9		reference to State in the definition of supplier maintaining a
10		place of business in this State shall mean the county), 2a, 2b,
11		2c, 3 through 3-50 (in respect to all provisions therein other
12		than the State rate of tax), 4 (except that the reference to
13		the State shall be to the county), 5, 7, 8 (except that the
14		jurisdiction to which the tax shall be a debt to the extent
15		indicated in that Section 8 shall be the county), 9 (except as
16		to the disposition of taxes and penalties collected), 10, 11,
17		12 (except the reference therein to Section 2b of the
18		Retailers' Occupation Tax Act), 13 (except that any reference
19		to the State shall mean the county), Section 15, 16, 17, 18, 19
20		and 20 of the Service Occupation Tax Act and Section 3-7 of the
21		Uniform Penalty and Interest Act, as fully as if those
22		provisions were set forth herein.
23		Persons subject to any tax imposed under the authority
24		granted in this subsection may reimburse themselves for their
25		serviceman's tax liability by separately stating the tax as an
26		additional charge, which charge may be stated in combination,

SB3733 Engrossed - 669 - LRB096 19592 AMC 34984 b
1		in a single amount, with State tax that servicemen are
2		authorized to collect under the Service Use Tax Act, in
3		accordance with such bracket schedules as the Department may
4		prescribe.
5		Whenever the Department determines that a refund should be
6		made under this subsection to a claimant instead of issuing a
7		credit memorandum, the Department shall notify the State
8		Comptroller, who shall cause the warrant to be drawn for the
9		amount specified, and to the person named, in the notification
10		from the Department. The refund shall be paid by the State
11		Treasurer out of the County Public Safety or Transportation
12		Retailers' Occupation Fund.
13		Nothing in this subsection shall be construed to authorize
14		the county to impose a tax upon the privilege of engaging in
15		any business which under the Constitution of the United States
16		may not be made the subject of taxation by the State.
17		(c) The Department shall immediately pay over to the State
18		Treasurer, ex officio, as trustee, all taxes and penalties
19		collected under this Section to be deposited into the County
20		Public Safety or Transportation Retailers' Occupation Tax
21		Fund, which shall be an unappropriated trust fund held outside
22		of the State treasury. On or before the 25th day of each
23		calendar month, the Department shall prepare and certify to the
24		Comptroller the disbursement of stated sums of money to the
25		counties from which retailers have paid taxes or penalties to
26		the Department during the second preceding calendar month. The

SB3733 Engrossed - 670 - LRB096 19592 AMC 34984 b
1		amount to be paid to each county, and deposited by the county
2		into its special fund created for the purposes of this Section,
3		shall be the amount (not including credit memoranda) collected
4		under this Section during the second preceding calendar month
5		by the Department plus an amount the Department determines is
6		necessary to offset any amounts that were erroneously paid to a
7		different taxing body, and not including (i) an amount equal to
8		the amount of refunds made during the second preceding calendar
9		month by the Department on behalf of the county and (ii) any
10		amount that the Department determines is necessary to offset
11		any amounts that were payable to a different taxing body but
12		were erroneously paid to the county. Within 10 days after
13		receipt by the Comptroller of the disbursement certification to
14		the counties provided for in this Section to be given to the
15		Comptroller by the Department, the Comptroller shall cause the
16		orders to be drawn for the respective amounts in accordance
17		with directions contained in the certification.
18		In addition to the disbursement required by the preceding
19		paragraph, an allocation shall be made in March of each year to
20		each county that received more than $500,000 in disbursements
21		under the preceding paragraph in the preceding calendar year.
22		The allocation shall be in an amount equal to the average
23		monthly distribution made to each such county under the
24		preceding paragraph during the preceding calendar year
25		(excluding the 2 months of highest receipts). The distribution
26		made in March of each year subsequent to the year in which an

SB3733 Engrossed - 671 - LRB096 19592 AMC 34984 b
1		allocation was made pursuant to this paragraph and the
2		preceding paragraph shall be reduced by the amount allocated
3		and disbursed under this paragraph in the preceding calendar
4		year. The Department shall prepare and certify to the
5		Comptroller for disbursement the allocations made in
6		accordance with this paragraph.
7		(d) For the purpose of determining the local governmental
8		unit whose tax is applicable, a retail sale by a producer of
9		coal or another mineral mined in Illinois is a sale at retail
10		at the place where the coal or other mineral mined in Illinois
11		is extracted from the earth. This paragraph does not apply to
12		coal or another mineral when it is delivered or shipped by the
13		seller to the purchaser at a point outside Illinois so that the
14		sale is exempt under the United States Constitution as a sale
15		in interstate or foreign commerce.
16		(e) Nothing in this Section shall be construed to authorize
17		a county to impose a tax upon the privilege of engaging in any
18		business that under the Constitution of the United States may
19		not be made the subject of taxation by this State.
20		(e-5) If a county imposes a tax under this Section, the
21		county board may, by ordinance, discontinue or lower the rate
22		of the tax. If the county board lowers the tax rate or
23		discontinues the tax, a referendum must be held in accordance
24		with subsection (a) of this Section in order to increase the
25		rate of the tax or to reimpose the discontinued tax.
26		(f) Beginning April 1, 1998, the results of any election

SB3733 Engrossed - 672 - LRB096 19592 AMC 34984 b
1		authorizing a proposition to impose a tax under this Section or
2		effecting a change in the rate of tax, or any ordinance
3		lowering the rate or discontinuing the tax, shall be certified
4		by the county clerk and filed with the Illinois Department of
5		Revenue either (i) on or before the first day of April,
6		whereupon the Department shall proceed to administer and
7		enforce the tax as of the first day of July next following the
8		filing; or (ii) on or before the first day of October,
9		whereupon the Department shall proceed to administer and
10		enforce the tax as of the first day of January next following
11		the filing.
12		(g) When certifying the amount of a monthly disbursement to
13		a county under this Section, the Department shall increase or
14		decrease the amounts by an amount necessary to offset any
15		miscalculation of previous disbursements. The offset amount
16		shall be the amount erroneously disbursed within the previous 6
17		months from the time a miscalculation is discovered.
18		(h) This Section may be cited as the "Special County
19		Occupation Tax For Public Safety, Public Facilities, or
20		Transportation Law".
21		(i) For purposes of this Section, "public safety" includes,
22		but is not limited to, crime prevention, detention, fire
23		fighting, police, medical, ambulance, or other emergency
24		services. The county may share tax proceeds received under this
25		Section for public safety purposes, including proceeds
26		received before August 4, 2009 (the effective date of Public

SB3733 Engrossed - 673 - LRB096 19592 AMC 34984 b
1		Act 96-124) this amendatory Act of the 96th General Assembly,
2		with any fire protection district located in the county. For
3		the purposes of this Section, "transportation" includes, but is
4		not limited to, the construction, maintenance, operation, and
5		improvement of public highways, any other purpose for which a
6		county may expend funds under the Illinois Highway Code, and
7		passenger rail transportation. For the purposes of this
8		Section, "public facilities purposes" includes, but is not
9		limited to, the acquisition, development, construction,
10		reconstruction, rehabilitation, improvement, financing,
11		architectural planning, and installation of capital facilities
12		consisting of buildings, structures, and durable equipment and
13		for the acquisition and improvement of real property and
14		interest in real property required, or expected to be required,
15		in connection with the public facilities, for use by the county
16		for the furnishing of governmental services to its citizens,
17		including but not limited to museums and nursing homes.
18		(j) The Department may promulgate rules to implement Public
19		Act 95-1002 this amendatory Act of the 95th General Assembly
20		only to the extent necessary to apply the existing rules for
21		the Special County Retailers' Occupation Tax for Public Safety
22		to this new purpose for public facilities.
23		(Source: P.A. 95-474, eff. 1-1-08; 95-1002, eff. 11-20-08;
24		96-124, eff. 8-4-09; 96-622, eff. 8-24-09; revised 11-3-09.)
25		(Text of Section after amendment by P.A. 96-845)

SB3733 Engrossed - 674 - LRB096 19592 AMC 34984 b
1		Sec. 5-1006.5. Special County Retailers' Occupation Tax
2		For Public Safety, Public Facilities, or Transportation.
3		(a) The county board of any county may impose a tax upon
4		all persons engaged in the business of selling tangible
5		personal property, other than personal property titled or
6		registered with an agency of this State's government, at retail
7		in the county on the gross receipts from the sales made in the
8		course of business to provide revenue to be used exclusively
9		for public safety, public facility, or transportation purposes
10		in that county, if a proposition for the tax has been submitted
11		to the electors of that county and approved by a majority of
12		those voting on the question. If imposed, this tax shall be
13		imposed only in one-quarter percent increments. By resolution,
14		the county board may order the proposition to be submitted at
15		any election. If the tax is imposed for transportation purposes
16		for expenditures for public highways or as authorized under the
17		Illinois Highway Code, the county board must publish notice of
18		the existence of its long-range highway transportation plan as
19		required or described in Section 5-301 of the Illinois Highway
20		Code and must make the plan publicly available prior to
21		approval of the ordinance or resolution imposing the tax. If
22		the tax is imposed for transportation purposes for expenditures
23		for passenger rail transportation, the county board must
24		publish notice of the existence of its long-range passenger
25		rail transportation plan and must make the plan publicly
26		available prior to approval of the ordinance or resolution

SB3733 Engrossed - 675 - LRB096 19592 AMC 34984 b
1		imposing the tax.
2		If a tax is imposed for public facilities purposes, then
3		the name of the project may be included in the proposition at
4		the discretion of the county board as determined in the
5		enabling resolution. For example, the "XXX Nursing Home" or the
6		"YYY Museum".
7		The county clerk shall certify the question to the proper
8		election authority, who shall submit the proposition at an
9		election in accordance with the general election law.
10		(1) The proposition for public safety purposes shall be
11		in substantially the following form:
12		"To pay for public safety purposes, shall (name of
13		county) be authorized to impose an increase on its share of
14		local sales taxes by (insert rate)?"
15		As additional information on the ballot below the
16		question shall appear the following:
17		"This would mean that a consumer would pay an
18		additional (insert amount) in sales tax for every $100 of
19		tangible personal property bought at retail."
20		The county board may also opt to establish a sunset
21		provision at which time the additional sales tax would
22		cease being collected, if not terminated earlier by a vote
23		of the county board. If the county board votes to include a
24		sunset provision, the proposition for public safety
25		purposes shall be in substantially the following form:
26		"To pay for public safety purposes, shall (name of

SB3733 Engrossed - 676 - LRB096 19592 AMC 34984 b
1		county) be authorized to impose an increase on its share of
2		local sales taxes by (insert rate) for a period not to
3		exceed (insert number of years)?"
4		As additional information on the ballot below the
5		question shall appear the following:
6		"This would mean that a consumer would pay an
7		additional (insert amount) in sales tax for every $100 of
8		tangible personal property bought at retail. If imposed,
9		the additional tax would cease being collected at the end
10		of (insert number of years), if not terminated earlier by a
11		vote of the county board."
12		For the purposes of the paragraph, "public safety
13		purposes" means crime prevention, detention, fire
14		fighting, police, medical, ambulance, or other emergency
15		services.
16		Votes shall be recorded as "Yes" or "No".
17		(2) The proposition for transportation purposes shall
18		be in substantially the following form:
19		"To pay for improvements to roads and other
20		transportation purposes, shall (name of county) be
21		authorized to impose an increase on its share of local
22		sales taxes by (insert rate)?"
23		As additional information on the ballot below the
24		question shall appear the following:
25		"This would mean that a consumer would pay an
26		additional (insert amount) in sales tax for every $100 of

SB3733 Engrossed - 677 - LRB096 19592 AMC 34984 b
1		tangible personal property bought at retail."
2		The county board may also opt to establish a sunset
3		provision at which time the additional sales tax would
4		cease being collected, if not terminated earlier by a vote
5		of the county board. If the county board votes to include a
6		sunset provision, the proposition for transportation
7		purposes shall be in substantially the following form:
8		"To pay for road improvements and other transportation
9		purposes, shall (name of county) be authorized to impose an
10		increase on its share of local sales taxes by (insert rate)
11		for a period not to exceed (insert number of years)?"
12		As additional information on the ballot below the
13		question shall appear the following:
14		"This would mean that a consumer would pay an
15		additional (insert amount) in sales tax for every $100 of
16		tangible personal property bought at retail. If imposed,
17		the additional tax would cease being collected at the end
18		of (insert number of years), if not terminated earlier by a
19		vote of the county board."
20		For the purposes of this paragraph, transportation
21		purposes means construction, maintenance, operation, and
22		improvement of public highways, any other purpose for which
23		a county may expend funds under the Illinois Highway Code,
24		and passenger rail transportation.
25		The votes shall be recorded as "Yes" or "No".
26		(3) The proposition for public facilities purposes

SB3733 Engrossed - 678 - LRB096 19592 AMC 34984 b
1		shall be in substantially the following form:
2		"To pay for public facilities purposes, shall (name of
3		county) be authorized to impose an increase on its share of
4		local sales taxes by (insert rate)?"
5		As additional information on the ballot below the
6		question shall appear the following:
7		"This would mean that a consumer would pay an
8		additional (insert amount) in sales tax for every $100 of
9		tangible personal property bought at retail."
10		The county board may also opt to establish a sunset
11		provision at which time the additional sales tax would
12		cease being collected, if not terminated earlier by a vote
13		of the county board. If the county board votes to include a
14		sunset provision, the proposition for public facilities
15		purposes shall be in substantially the following form:
16		"To pay for public facilities purposes, shall (name of
17		county) be authorized to impose an increase on its share of
18		local sales taxes by (insert rate) for a period not to
19		exceed (insert number of years)?"
20		As additional information on the ballot below the
21		question shall appear the following:
22		"This would mean that a consumer would pay an
23		additional (insert amount) in sales tax for every $100 of
24		tangible personal property bought at retail. If imposed,
25		the additional tax would cease being collected at the end
26		of (insert number of years), if not terminated earlier by a

SB3733 Engrossed - 679 - LRB096 19592 AMC 34984 b
1		vote of the county board."
2		For purposes of this Section, "public facilities
3		purposes" means the acquisition, development,
4		construction, reconstruction, rehabilitation, improvement,
5		financing, architectural planning, and installation of
6		capital facilities consisting of buildings, structures,
7		and durable equipment and for the acquisition and
8		improvement of real property and interest in real property
9		required, or expected to be required, in connection with
10		the public facilities, for use by the county for the
11		furnishing of governmental services to its citizens,
12		including but not limited to museums and nursing homes.
13		The votes shall be recorded as "Yes" or "No".
14		If a majority of the electors voting on the proposition
15		vote in favor of it, the county may impose the tax. A county
16		may not submit more than one proposition authorized by this
17		Section to the electors at any one time.
18		This additional tax may not be imposed on the sales of food
19		for human consumption that is to be consumed off the premises
20		where it is sold (other than alcoholic beverages, soft drinks,
21		and food which has been prepared for immediate consumption) and
22		prescription and non-prescription medicines, drugs, medical
23		appliances and insulin, urine testing materials, syringes, and
24		needles used by diabetics. The tax imposed by a county under
25		this Section and all civil penalties that may be assessed as an
26		incident of the tax shall be collected and enforced by the

SB3733 Engrossed - 680 - LRB096 19592 AMC 34984 b
1		Illinois Department of Revenue and deposited into a special
2		fund created for that purpose. The certificate of registration
3		that is issued by the Department to a retailer under the
4		Retailers' Occupation Tax Act shall permit the retailer to
5		engage in a business that is taxable without registering
6		separately with the Department under an ordinance or resolution
7		under this Section. The Department has full power to administer
8		and enforce this Section, to collect all taxes and penalties
9		due under this Section, to dispose of taxes and penalties so
10		collected in the manner provided in this Section, and to
11		determine all rights to credit memoranda arising on account of
12		the erroneous payment of a tax or penalty under this Section.
13		In the administration of and compliance with this Section, the
14		Department and persons who are subject to this Section shall
15		(i) have the same rights, remedies, privileges, immunities,
16		powers, and duties, (ii) be subject to the same conditions,
17		restrictions, limitations, penalties, and definitions of
18		terms, and (iii) employ the same modes of procedure as are
19		prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
20		1n, 2 through 2-70 (in respect to all provisions contained in
21		those Sections other than the State rate of tax), 2a, 2b, 2c, 3
22		(except provisions relating to transaction returns and quarter
23		monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
24		5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of
25		the Retailers' Occupation Tax Act and Section 3-7 of the
26		Uniform Penalty and Interest Act as if those provisions were

SB3733 Engrossed - 681 - LRB096 19592 AMC 34984 b
1		set forth in this Section.
2		Persons subject to any tax imposed under the authority
3		granted in this Section may reimburse themselves for their
4		sellers' tax liability by separately stating the tax as an
5		additional charge, which charge may be stated in combination,
6		in a single amount, with State tax which sellers are required
7		to collect under the Use Tax Act, pursuant to such bracketed
8		schedules as the Department may prescribe.
9		Whenever the Department determines that a refund should be
10		made under this Section to a claimant instead of issuing a
11		credit memorandum, the Department shall notify the State
12		Comptroller, who shall cause the order to be drawn for the
13		amount specified and to the person named in the notification
14		from the Department. The refund shall be paid by the State
15		Treasurer out of the County Public Safety or Transportation
16		Retailers' Occupation Tax Fund.
17		(b) If a tax has been imposed under subsection (a), a
18		service occupation tax shall also be imposed at the same rate
19		upon all persons engaged, in the county, in the business of
20		making sales of service, who, as an incident to making those
21		sales of service, transfer tangible personal property within
22		the county as an incident to a sale of service. This tax may
23		not be imposed on sales of food for human consumption that is
24		to be consumed off the premises where it is sold (other than
25		alcoholic beverages, soft drinks, and food prepared for
26		immediate consumption) and prescription and non-prescription

SB3733 Engrossed - 682 - LRB096 19592 AMC 34984 b
1		medicines, drugs, medical appliances and insulin, urine
2		testing materials, syringes, and needles used by diabetics. The
3		tax imposed under this subsection and all civil penalties that
4		may be assessed as an incident thereof shall be collected and
5		enforced by the Department of Revenue. The Department has full
6		power to administer and enforce this subsection; to collect all
7		taxes and penalties due hereunder; to dispose of taxes and
8		penalties so collected in the manner hereinafter provided; and
9		to determine all rights to credit memoranda arising on account
10		of the erroneous payment of tax or penalty hereunder. In the
11		administration of, and compliance with this subsection, the
12		Department and persons who are subject to this paragraph shall
13		(i) have the same rights, remedies, privileges, immunities,
14		powers, and duties, (ii) be subject to the same conditions,
15		restrictions, limitations, penalties, exclusions, exemptions,
16		and definitions of terms, and (iii) employ the same modes of
17		procedure as are prescribed in Sections 2 (except that the
18		reference to State in the definition of supplier maintaining a
19		place of business in this State shall mean the county), 2a, 2b,
20		2c, 3 through 3-50 (in respect to all provisions therein other
21		than the State rate of tax), 4 (except that the reference to
22		the State shall be to the county), 5, 7, 8 (except that the
23		jurisdiction to which the tax shall be a debt to the extent
24		indicated in that Section 8 shall be the county), 9 (except as
25		to the disposition of taxes and penalties collected), 10, 11,
26		12 (except the reference therein to Section 2b of the

SB3733 Engrossed - 683 - LRB096 19592 AMC 34984 b
1		Retailers' Occupation Tax Act), 13 (except that any reference
2		to the State shall mean the county), Section 15, 16, 17, 18, 19
3		and 20 of the Service Occupation Tax Act and Section 3-7 of the
4		Uniform Penalty and Interest Act, as fully as if those
5		provisions were set forth herein.
6		Persons subject to any tax imposed under the authority
7		granted in this subsection may reimburse themselves for their
8		serviceman's tax liability by separately stating the tax as an
9		additional charge, which charge may be stated in combination,
10		in a single amount, with State tax that servicemen are
11		authorized to collect under the Service Use Tax Act, in
12		accordance with such bracket schedules as the Department may
13		prescribe.
14		Whenever the Department determines that a refund should be
15		made under this subsection to a claimant instead of issuing a
16		credit memorandum, the Department shall notify the State
17		Comptroller, who shall cause the warrant to be drawn for the
18		amount specified, and to the person named, in the notification
19		from the Department. The refund shall be paid by the State
20		Treasurer out of the County Public Safety or Transportation
21		Retailers' Occupation Fund.
22		Nothing in this subsection shall be construed to authorize
23		the county to impose a tax upon the privilege of engaging in
24		any business which under the Constitution of the United States
25		may not be made the subject of taxation by the State.
26		(c) The Department shall immediately pay over to the State

SB3733 Engrossed - 684 - LRB096 19592 AMC 34984 b
1		Treasurer, ex officio, as trustee, all taxes and penalties
2		collected under this Section to be deposited into the County
3		Public Safety or Transportation Retailers' Occupation Tax
4		Fund, which shall be an unappropriated trust fund held outside
5		of the State treasury. On or before the 25th day of each
6		calendar month, the Department shall prepare and certify to the
7		Comptroller the disbursement of stated sums of money to the
8		counties from which retailers have paid taxes or penalties to
9		the Department during the second preceding calendar month. The
10		amount to be paid to each county, and deposited by the county
11		into its special fund created for the purposes of this Section,
12		shall be the amount (not including credit memoranda) collected
13		under this Section during the second preceding calendar month
14		by the Department plus an amount the Department determines is
15		necessary to offset any amounts that were erroneously paid to a
16		different taxing body, and not including (i) an amount equal to
17		the amount of refunds made during the second preceding calendar
18		month by the Department on behalf of the county and (ii) any
19		amount that the Department determines is necessary to offset
20		any amounts that were payable to a different taxing body but
21		were erroneously paid to the county. Within 10 days after
22		receipt by the Comptroller of the disbursement certification to
23		the counties provided for in this Section to be given to the
24		Comptroller by the Department, the Comptroller shall cause the
25		orders to be drawn for the respective amounts in accordance
26		with directions contained in the certification.

SB3733 Engrossed - 685 - LRB096 19592 AMC 34984 b
1		In addition to the disbursement required by the preceding
2		paragraph, an allocation shall be made in March of each year to
3		each county that received more than $500,000 in disbursements
4		under the preceding paragraph in the preceding calendar year.
5		The allocation shall be in an amount equal to the average
6		monthly distribution made to each such county under the
7		preceding paragraph during the preceding calendar year
8		(excluding the 2 months of highest receipts). The distribution
9		made in March of each year subsequent to the year in which an
10		allocation was made pursuant to this paragraph and the
11		preceding paragraph shall be reduced by the amount allocated
12		and disbursed under this paragraph in the preceding calendar
13		year. The Department shall prepare and certify to the
14		Comptroller for disbursement the allocations made in
15		accordance with this paragraph.
16		A county may direct, by ordinance, that all or a portion of
17		the taxes and penalties collected under the Special County
18		Retailers' Occupation Tax For Public Safety or Transportation
19		be deposited into the Transportation Development Partnership
20		Trust Fund.
21		(d) For the purpose of determining the local governmental
22		unit whose tax is applicable, a retail sale by a producer of
23		coal or another mineral mined in Illinois is a sale at retail
24		at the place where the coal or other mineral mined in Illinois
25		is extracted from the earth. This paragraph does not apply to
26		coal or another mineral when it is delivered or shipped by the

SB3733 Engrossed - 686 - LRB096 19592 AMC 34984 b
1		seller to the purchaser at a point outside Illinois so that the
2		sale is exempt under the United States Constitution as a sale
3		in interstate or foreign commerce.
4		(e) Nothing in this Section shall be construed to authorize
5		a county to impose a tax upon the privilege of engaging in any
6		business that under the Constitution of the United States may
7		not be made the subject of taxation by this State.
8		(e-5) If a county imposes a tax under this Section, the
9		county board may, by ordinance, discontinue or lower the rate
10		of the tax. If the county board lowers the tax rate or
11		discontinues the tax, a referendum must be held in accordance
12		with subsection (a) of this Section in order to increase the
13		rate of the tax or to reimpose the discontinued tax.
14		(f) Beginning April 1, 1998, the results of any election
15		authorizing a proposition to impose a tax under this Section or
16		effecting a change in the rate of tax, or any ordinance
17		lowering the rate or discontinuing the tax, shall be certified
18		by the county clerk and filed with the Illinois Department of
19		Revenue either (i) on or before the first day of April,
20		whereupon the Department shall proceed to administer and
21		enforce the tax as of the first day of July next following the
22		filing; or (ii) on or before the first day of October,
23		whereupon the Department shall proceed to administer and
24		enforce the tax as of the first day of January next following
25		the filing.
26		(g) When certifying the amount of a monthly disbursement to

SB3733 Engrossed - 687 - LRB096 19592 AMC 34984 b
1		a county under this Section, the Department shall increase or
2		decrease the amounts by an amount necessary to offset any
3		miscalculation of previous disbursements. The offset amount
4		shall be the amount erroneously disbursed within the previous 6
5		months from the time a miscalculation is discovered.
6		(h) This Section may be cited as the "Special County
7		Occupation Tax For Public Safety, Public Facilities, or
8		Transportation Law".
9		(i) For purposes of this Section, "public safety" includes,
10		but is not limited to, crime prevention, detention, fire
11		fighting, police, medical, ambulance, or other emergency
12		services. The county may share tax proceeds received under this
13		Section for public safety purposes, including proceeds
14		received before August 4, 2009 (the effective date of Public
15		Act 96-124) this amendatory Act of the 96th General Assembly,
16		with any fire protection district located in the county. For
17		the purposes of this Section, "transportation" includes, but is
18		not limited to, the construction, maintenance, operation, and
19		improvement of public highways, any other purpose for which a
20		county may expend funds under the Illinois Highway Code, and
21		passenger rail transportation. For the purposes of this
22		Section, "public facilities purposes" includes, but is not
23		limited to, the acquisition, development, construction,
24		reconstruction, rehabilitation, improvement, financing,
25		architectural planning, and installation of capital facilities
26		consisting of buildings, structures, and durable equipment and

SB3733 Engrossed - 688 - LRB096 19592 AMC 34984 b
1		for the acquisition and improvement of real property and
2		interest in real property required, or expected to be required,
3		in connection with the public facilities, for use by the county
4		for the furnishing of governmental services to its citizens,
5		including but not limited to museums and nursing homes.
6		(j) The Department may promulgate rules to implement Public
7		Act 95-1002 this amendatory Act of the 95th General Assembly
8		only to the extent necessary to apply the existing rules for
9		the Special County Retailers' Occupation Tax for Public Safety
10		to this new purpose for public facilities.
11		(Source: P.A. 95-474, eff. 1-1-08; 95-1002, eff. 11-20-08;
12		96-124, eff. 8-4-09; 96-622, eff. 8-24-09; 96-845, eff. 7-1-12;
13		revised 12-30-09.)
14		(55 ILCS 5/5-1069.3)
15		Sec. 5-1069.3. Required health benefits. If a county,
16		including a home rule county, is a self-insurer for purposes of
17		providing health insurance coverage for its employees, the
18		coverage shall include coverage for the post-mastectomy care
19		benefits required to be covered by a policy of accident and
20		health insurance under Section 356t and the coverage required
21		under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
22		356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, and
23		356z.13, and 356z.14, and 356z.15 356z.14 of the Illinois
24		Insurance Code. The requirement that health benefits be covered
25		as provided in this Section is an exclusive power and function

SB3733 Engrossed - 689 - LRB096 19592 AMC 34984 b
1		of the State and is a denial and limitation under Article VII,
2		Section 6, subsection (h) of the Illinois Constitution. A home
3		rule county to which this Section applies must comply with
4		every provision of this Section.
5		Rulemaking authority to implement Public Act 95-1045 this
6		amendatory Act of the 95th General Assembly, if any, is
7		conditioned on the rules being adopted in accordance with all
8		provisions of the Illinois Administrative Procedure Act and all
9		rules and procedures of the Joint Committee on Administrative
10		Rules; any purported rule not so adopted, for whatever reason,
11		is unauthorized.
12		(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
13		95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff.
14		6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; 95-1045,
15		eff. 3-27-09; 95-1049, eff. 1-1-10; 96-139, eff. 1-1-10;
16		96-328, eff. 8-11-09; revised 10-22-09.)
17		(55 ILCS 5/5-1123)
18		Sec. 5-1123. Builder or developer cash bond or other
19		surety.
20		(a) A county may not require a cash bond, irrevocable
21		letter of credit, surety bond, or letter of commitment issued
22		by a bank, savings and loan association, surety, or insurance
23		company from a builder or developer to guarantee completion of
24		a project improvement when the builder or developer has filed
25		with the county clerk a current, irrevocable letter of credit,

SB3733 Engrossed - 690 - LRB096 19592 AMC 34984 b
1		surety bond, or letter of commitment, issued by a bank, savings
2		and loan association, surety, or insurance company, deemed good
3		and sufficient by the county accepting such security, in an
4		amount equal to or greater than 110% of the amount of the bid
5		on each project improvement. A builder or developer has the
6		option to utilize a cash bond, irrevocable letter of credit,
7		surety bond, or letter of commitment issued by a bank, savings
8		and loan association, surety, or insurance company, deemed good
9		and sufficient by the county, to satisfy any cash bond
10		requirement established by a county. The county must approve
11		and deem a surety or insurance company good and sufficient for
12		the purposes set forth in this Section if the surety or
13		insurance company is authorized by the Illinois Department of
14		Insurance to sell and issue sureties in the State of Illinois.
15		(b) If a county receives a cash bond, irrevocable letter of
16		credit, or surety bond from a builder or developer to guarantee
17		completion of a project improvement, the county shall (i)
18		register the bond under the address of the project and the
19		construction permit number and (ii) give the builder or
20		developer a receipt for the bond. The county shall establish
21		and maintain a separate account for all cash bonds received
22		from builders and developers to guarantee completion of a
23		project improvement.
24		(c) The county shall refund a cash bond to a builder or
25		developer, or release the irrevocable letter of credit or
26		surety bond, within 60 days after the builder or developer

SB3733 Engrossed - 691 - LRB096 19592 AMC 34984 b
1		notifies the county in writing of the completion of the project
2		improvement for which the bond was required. For these
3		purposes, "completion" means that the county has determined
4		that the project improvement for which the bond was required is
5		complete or a licensed engineer or licensed architect has
6		certified to the builder or developer and the county that the
7		project improvement has been completed to the applicable codes
8		and ordinances. The county shall pay interest to the builder or
9		developer, beginning 60 days after the builder or developer
10		notifies the county in writing of the completion of the project
11		improvement, on any bond not refunded to a builder or
12		developer, at the rate of 1% per month.
13		(d) A home rule county may not require or maintain cash
14		bonds, irrevocable letters of credit, surety bonds, or other
15		adequate securities from builders or developers in a manner
16		inconsistent with this Section. This Section supersedes
17		supercedes and controls over other provisions of this Code as
18		they apply to and guarantee completion of a project improvement
19		that is required by the county. This Section is a denial and
20		limitation under subsection (i) of Section 6 of Article VII of
21		the Illinois Constitution on the concurrent exercise by a home
22		rule county of powers and functions exercised by the State.
23		(Source: P.A. 92-479, eff. 1-1-02; revised 10-30-09.)
24		(55 ILCS 5/5-12020)
25		Sec. 5-12020. Wind farms. A county may establish standards

SB3733 Engrossed - 692 - LRB096 19592 AMC 34984 b
1		for wind farms and electric-generating wind devices. The
2		standards may include, without limitation, the height of the
3		devices and the number of devices that may be located within a
4		geographic area. A county may also regulate the siting of wind
5		farms and electric-generating wind devices in unincorporated
6		areas of the county outside of the zoning jurisdiction of a
7		municipality and the 1.5 mile radius surrounding the zoning
8		jurisdiction of a municipality. There shall be at least one
9		public hearing not more than 30 days prior to a siting decision
10		by the county board. Notice of the hearing shall be published
11		in a newspaper of general circulation in the county. Counties
12		may allow test wind towers to be sited without formal approval
13		by the county board. Any provision of a county zoning ordinance
14		pertaining to wind farms that is in effect before the effective
15		date of this amendatory Act of the 95th General Assembly may
16		continue in effect notwithstanding any requirements of this
17		Section.
18		A county may not require a wind tower or other renewable
19		energy system that is used exclusively by an end user to be
20		setback more than 1.1 times the height of the renewable energy
21		system from the end user's property line.
22		(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10;
23		96-566, eff. 8-18-09; revised 9-15-09.)
24		Section 245. The Illinois Municipal Code is amended by
25		setting forth and renumbering multiple versions of Sections

SB3733 Engrossed - 693 - LRB096 19592 AMC 34984 b
1		1-1-11 and 11-20-15 and by changing Sections 7-1-1, 7-1-13,
2		7-3-1, 10-4-2.3, 11-15.1-2.1, 11-39-3, 11-74.4-3, 11-74.4-3.5,
3		and 11-74.4-7 as follows:
4		(65 ILCS 5/1-1-11)
5		Sec. 1-1-11. Contractual assessments; renewable energy
6		sources. A municipality may enter into voluntary agreements
7		with the owners of property within the municipality to provide
8		for contractual assessments to finance the installation of
9		distributed generation renewable energy sources or energy
10		efficiency improvements that are permanently fixed to real
11		property.
12		(Source: P.A. 96-481, eff. 1-1-10.)
13		(65 ILCS 5/1-1-12)
14		Sec. 1-1-12 1-1-11. Americans with Disabilities Act
15		coordinator; posting and publication.
16		(a) Within 90 days after the effective date of this
17		amendatory Act of the 96th General Assembly, each municipality
18		that maintains a website must post on the municipality's
19		website the following information:
20		(1) the name, office address, and telephone number of
21		the Americans with Disabilities Act coordinator, if any,
22		employed by the municipality; and
23		(2) the grievance procedures, if any, adopted by the
24		municipality to resolve complaints alleging a violation of

SB3733 Engrossed - 694 - LRB096 19592 AMC 34984 b
1		Title II of the Americans with Disabilities Act.
2		(b) If a municipality does not maintain a website, then the
3		municipality must, within 90 days after the effective date of
4		this amendatory Act of the 96th General Assembly, and at least
5		once every other year thereafter, publish in either a newspaper
6		of general circulation within the municipality or a newsletter
7		published by the municipality and mailed to residents of the
8		municipality the information required in item (1) of subsection
9		(a) and either the information required in item (2) of
10		subsection (a) or instructions for obtaining such information
11		from the municipality.
12		(c) No home rule municipality may adopt posting or
13		publication requirements that are less restrictive than this
14		Section. This Section is a limitation under subsection (i) of
15		Section 6 of Article VII of the Illinois Constitution on the
16		concurrent exercise by home rule units of powers and functions
17		exercised by the State.
18		(Source: P.A. 96-650, eff. 1-1-10; revised 10-1-09.)
19		(65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
20		Sec. 7-1-1. Annexation of contiguous territory. Any
21		territory that is not within the corporate limits of any
22		municipality but is contiguous to a municipality may be annexed
23		to the municipality as provided in this Article. For the
24		purposes of this Article any territory to be annexed to a
25		municipality shall be considered to be contiguous to the

SB3733 Engrossed - 695 - LRB096 19592 AMC 34984 b
1		municipality notwithstanding that the territory is separated
2		from the municipality by a strip parcel, railroad or public
3		utility right-of-way, or former railroad right-of-way that has
4		been converted to a recreational trail, but upon annexation the
5		area included within that strip parcel, right-of-way, or former
6		right-of-way shall not be considered to be annexed to the
7		municipality. For purposes of this Section, "strip parcel"
8		means a separation no wider than 30 feet between the territory
9		to be annexed and the municipal boundary.
10		Except in counties with a population of more than 600,000
11		but less than 3,000,000, territory which is not contiguous to a
12		municipality but is separated therefrom only by a forest
13		preserve district, federal wildlife refuge, or open land or
14		open space that is part of an open space program, as defined in
15		Section 115-5 of the Township Code, may be annexed to the
16		municipality pursuant to Section 7-1-7 or 7-1-8, but only if
17		the annexing municipality can show that the forest preserve
18		district, federal wildlife refuge, open land, or open space
19		creates an artificial barrier preventing the annexation and
20		that the location of the forest preserve district, federal
21		wildlife refuge, open land, or open space property prevents the
22		orderly natural growth of the annexing municipality. It shall
23		be conclusively presumed that the forest preserve district,
24		federal wildlife refuge, open land, or open space does not
25		create an artificial barrier if the property sought to be
26		annexed is bounded on at least 3 sides by (i) one or more other

SB3733 Engrossed - 696 - LRB096 19592 AMC 34984 b
1		municipalities (other than the municipality seeking annexation
2		through the existing forest preserve district, federal
3		wildlife refuge, open land, or open space), (ii) forest
4		preserve district property, federal wildlife refuge, open
5		land, or open space, or (iii) a combination of other
6		municipalities and forest preserve district property, federal
7		wildlife refuge property, open land, or open space. It shall
8		also be conclusively presumed that the forest preserve
9		district, federal wildlife refuge, open land, or open space
10		does not create an artificial barrier if the municipality
11		seeking annexation is not the closest municipality within the
12		county to the property to be annexed. The territory included
13		within such forest preserve district, federal wildlife refuge,
14		open land, or open space shall not be annexed to the
15		municipality nor shall the territory of the forest preserve
16		district, federal wildlife refuge, open land, or open space be
17		subject to rights-of-way for access or services between the
18		parts of the municipality separated by the forest preserve
19		district, federal wildlife refuge, open land, or open space
20		without the consent of the governing body of the forest
21		preserve district or federal wildlife refuge. The changes made
22		to this Section by Public Act 91-824 this amendatory Act of
23		91st General Assembly are declaratory of existing law and shall
24		not be construed as a new enactment.
25		In counties that are contiguous to the Mississippi River
26		with populations of more than 200,000 but less than 255,000, a

SB3733 Engrossed - 697 - LRB096 19592 AMC 34984 b
1		municipality that is partially located in territory that is
2		wholly surrounded by the Mississippi River and a canal,
3		connected at both ends to the Mississippi River and located on
4		property owned by the United States of America, may annex
5		noncontiguous territory in the surrounded territory under
6		Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is separated
7		from the municipality by property owned by the United States of
8		America, but that federal property shall not be annexed without
9		the consent of the federal government.
10		For the purposes of this Article, any territory to be
11		annexed to a municipality that is located in a county with more
12		than 500,000 inhabitants shall be considered to be contiguous
13		to the municipality if only a river and a national heritage
14		corridor separate the territory from the municipality. Upon
15		annexation, no river or national heritage corridor shall be
16		considered annexed to the municipality.
17		When any land proposed to be annexed is part of any Fire
18		Protection District or of any Public Library District and the
19		annexing municipality provides fire protection or a public
20		library, as the case may be, the Trustees of each District
21		shall be notified in writing by certified or registered mail
22		before any court hearing or other action is taken for
23		annexation. The notice shall be served 10 days in advance. An
24		affidavit that service of notice has been had as provided by
25		this Section must be filed with the clerk of the court in which
26		the annexation proceedings are pending or will be instituted

SB3733 Engrossed - 698 - LRB096 19592 AMC 34984 b
1		or, when no court proceedings are involved, with the recorder
2		for the county where the land is situated. No annexation of
3		that land is effective unless service is had and the affidavit
4		filed as provided in this Section.
5		The new boundary shall extend to the far side of any
6		adjacent highway and shall include all of every highway within
7		the area annexed. These highways shall be considered to be
8		annexed even though not included in the legal description set
9		forth in the petition for annexation. When any land proposed to
10		be annexed includes any highway under the jurisdiction of any
11		township, the Township Commissioner of Highways, the Board of
12		Town Trustees, the Township Supervisor, and the Township Clerk
13		shall be notified in writing by certified or registered mail
14		before any court hearing or other action is taken for
15		annexation. In the event that a municipality fails to notify
16		the Township Commissioner of Highways, the Board of Town
17		Trustees, the Township Supervisor, and the Township Clerk of
18		the annexation of an area within the township, the municipality
19		shall reimburse that township for any loss or liability caused
20		by the failure to give notice. If any municipality has annexed
21		any area before October 1, 1975, and the legal description in
22		the petition for annexation did not include the entire adjacent
23		highway, any such annexation shall be valid and any highway
24		adjacent to the area annexed shall be considered to be annexed
25		notwithstanding the failure of the petition to annex to include
26		the description of the entire adjacent highway.

SB3733 Engrossed - 699 - LRB096 19592 AMC 34984 b
1		Any annexation, disconnection and annexation, or
2		disconnection under this Article of any territory must be
3		reported by certified or registered mail by the corporate
4		authority initiating the action to the election authorities
5		having jurisdiction in the territory and the post office
6		branches serving the territory within 30 days of the
7		annexation, disconnection and annexation, or disconnection.
8		Failure to give notice to the required election authorities
9		or post office branches will not invalidate the annexation or
10		disconnection. For purposes of this Section "election
11		authorities" means the county clerk where the clerk acts as the
12		clerk of elections or the clerk of the election commission
13		having jurisdiction.
14		No annexation, disconnection and annexation, or
15		disconnection under this Article of territory having electors
16		residing therein made (1) before any primary election to be
17		held within the municipality affected thereby and after the
18		time for filing petitions as a candidate for nomination to any
19		office to be chosen at the primary election or (2) within 60
20		days before any general election to be held within the
21		municipality shall be effective until the day after the date of
22		the primary or general election, as the case may be.
23		For the purpose of this Section, a toll highway or
24		connection between parcels via an overpass bridge over a toll
25		highway shall not be considered a deterrent to the definition
26		of contiguous territory.

SB3733 Engrossed - 700 - LRB096 19592 AMC 34984 b
1		When territory is proposed to be annexed by court order
2		under this Article, the corporate authorities or petitioners
3		initiating the action shall notify each person who pays real
4		estate taxes on property within that territory unless the
5		person is a petitioner. The notice shall be served by certified
6		or registered mail, return receipt requested, at least 20 days
7		before a court hearing or other court action. If the person who
8		pays real estate taxes on the property is not the owner of
9		record, then the payor shall notify the owner of record of the
10		proposed annexation.
11		(Source: P.A. 94-361, eff. 1-1-06; 94-1065, eff. 8-1-06;
12		95-174, eff. 1-1-08; revised 11-3-09.)
13		(65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13)
14		Sec. 7-1-13. Annexation.
15		(a) Whenever any unincorporated territory containing 60
16		acres or less, is wholly bounded by (a) one or more
17		municipalities, (b) one or more municipalities and a creek in a
18		county with a population of 400,000 or more, or one or more
19		municipalities and a river or lake in any county, (c) one or
20		more municipalities and the Illinois State boundary, (d) one or
21		more municipalities and property owned by the State of
22		Illinois, except highway right-of-way owned in fee by the
23		State, (e) one or more municipalities and a forest preserve
24		district or park district, (f) if the territory is a triangular
25		parcel of less than 10 acres, one or more municipalities and an

SB3733 Engrossed - 701 - LRB096 19592 AMC 34984 b
1		interstate highway owned in fee by the State and bounded by a
2		frontage road, or (g) one or more municipalities in a county
3		with a population of more than 800,000 inhabitants and less
4		than 2,000,000 inhabitants and either a railroad or operating
5		property, as defined in the Property Tax Code (35 ILCS
6		200/11-70), being immediately adjacent to, but exclusive of
7		that railroad property, that territory may be annexed by any
8		municipality by which it is bounded in whole or in part, by the
9		passage of an ordinance to that effect after notice is given as
10		provided in subsection (b) of this Section. Land or property
11		that is used for agricultural purposes or to produce
12		agricultural goods shall not be annexed pursuant to item (g).
13		Nothing in this Section shall subject any railroad property to
14		the zoning or jurisdiction of any municipality annexing the
15		property under this Section. , and for land annexed pursuant to
16		item (g), notice shall be given to the impacted land owners The
17		ordinance shall describe the territory annexed and a copy
18		thereof together with an accurate map of the annexed territory
19		shall be recorded in the office of the recorder of the county
20		wherein the annexed territory is situated and a document of
21		annexation shall be filed with the county clerk and County
22		Election Authority. Nothing in this Section shall be construed
23		as permitting a municipality to annex territory of a forest
24		preserve district in a county with a population of 3,000,000 or
25		more without obtaining the consent of the district pursuant to
26		Section 8.3 of the Cook County Forest Preserve District Act nor

SB3733 Engrossed - 702 - LRB096 19592 AMC 34984 b
1		shall anything in this Section be construed as permitting a
2		municipality to annex territory owned by a park district
3		without obtaining the consent of the district pursuant to
4		Section 8-1.1 of the Park District Code.
5		(b) The corporate authorities shall cause notice, stating
6		that annexation of the territory described in the notice is
7		contemplated under this Section, to be published once, in a
8		newspaper of general circulation within the territory to be
9		annexed, not less than 10 days before the passage of the
10		annexation ordinance, and for land annexed pursuant to item (g)
11		of subsection (a) of this Section, notice shall be given to the
12		impacted land owners. The corporate authorities shall also, not
13		less than 15 days before the passage of the annexation
14		ordinance, serve written notice, either in person or, at a
15		minimum, by certified mail, on the taxpayer of record of the
16		proposed annexed territory as appears from the authentic tax
17		records of the county. When the territory to be annexed lies
18		wholly or partially within a township other than the township
19		where the municipality is situated, the annexing municipality
20		shall give at least 10 days prior written notice of the time
21		and place of the passage of the annexation ordinance to the
22		township supervisor of the township where the territory to be
23		annexed lies.
24		(c) When notice is given as described in subsection (b) of
25		this Section, no other municipality may annex the proposed
26		territory for a period of 60 days from the date the notice is

SB3733 Engrossed - 703 - LRB096 19592 AMC 34984 b
1		mailed or delivered to the taxpayer of record unless that other
2		municipality has initiated annexation proceedings or a valid
3		petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12
4		of this Code has been received by the municipality prior to the
5		publication and mailing of the notices required in subsection
6		(b).
7		(Source: P.A. 94-396, eff. 8-1-05; 95-931, eff. 1-1-09;
8		95-1039, eff. 3-25-09; revised 4-9-09.)
9		(65 ILCS 5/7-3-1) (from Ch. 24, par. 7-3-1)
10		Sec. 7-3-1. Within one year of the organization of any
11		municipality under the provisions of Divisions 2 and 3 of
12		Article 2 of this Code, any territory which has been included
13		therein may be disconnected from such municipality if the
14		territory sought to be disconnected is (1) upon the the border,
15		but within the boundary of the municipality, (2) contains 20 or
16		more acres, (3) if disconnected will not result in the
17		isolation of any part of the municipality from the remainder of
18		the municipality, and (4) if disconnected will not be a
19		territory wholly bounded by one or more municipalities or
20		wholly bounded by one or more municipalities and a river or
21		lake, (5) if disconnected, the growth prospects and plan and
22		zoning ordinances, if any, of such municipality will not be
23		unreasonably disrupted, (6) if disconnected, no substantial
24		disruption will result to existing municipal service
25		facilities such as, but not limited to, sewer systems, street

SB3733 Engrossed - 704 - LRB096 19592 AMC 34984 b
1		lighting, water mains, garbage collection and fire protection,
2		(7) if disconnected the municipality will not be unduly harmed
3		through loss of tax revenue in the future. The procedure for
4		disconnection shall be as follows:
5		A written petition directed to the circuit court of the
6		county in which the territory proposed to be disconnected is
7		located and if such territory is located in more than one
8		county then to the circuit court of the county in which the
9		greater part of such territory may be located, which petition
10		shall be signed by a majority of the electors, if any, residing
11		within the territory and also signed by a majority of the
12		owners of record of land in such territory, and also
13		representing a majority of the area of land in such territory,
14		shall be filed with the clerk of the court within one year of
15		the organization of any municipality under the provisions of
16		Divisions 2 and 3 of Article 2 of this Code. The petition shall
17		set forth the description of the territory to be detached from
18		such municipality, shall allege the pertinent facts in support
19		of the disconnection of such territory and shall pray the court
20		to detach the territory from the municipality.
21		(Source: Laws 1965, p. 2176; revised 11-3-09.)
22		(65 ILCS 5/10-4-2.3)
23		Sec. 10-4-2.3. Required health benefits. If a
24		municipality, including a home rule municipality, is a
25		self-insurer for purposes of providing health insurance

SB3733 Engrossed - 705 - LRB096 19592 AMC 34984 b
1		coverage for its employees, the coverage shall include coverage
2		for the post-mastectomy care benefits required to be covered by
3		a policy of accident and health insurance under Section 356t
4		and the coverage required under Sections 356g, 356g.5,
5		356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
6		356z.11, 356z.12, and 356z.13, and 356z.14, and 356z.15 356z.14
7		of the Illinois Insurance Code. The requirement that health
8		benefits be covered as provided in this is an exclusive power
9		and function of the State and is a denial and limitation under
10		Article VII, Section 6, subsection (h) of the Illinois
11		Constitution. A home rule municipality to which this Section
12		applies must comply with every provision of this Section.
13		Rulemaking authority to implement Public Act 95-1045 this
14		amendatory Act of the 95th General Assembly, if any, is
15		conditioned on the rules being adopted in accordance with all
16		provisions of the Illinois Administrative Procedure Act and all
17		rules and procedures of the Joint Committee on Administrative
18		Rules; any purported rule not so adopted, for whatever reason,
19		is unauthorized.
20		(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
21		95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff.
22		6-1-09; 95-978, eff. 1-1-09; 95-1005, eff. 12-12-08; 95-1045,
23		eff. 3-27-09; 95-1049, eff. 1-1-10; 96-139, eff. 1-1-10;
24		96-328, eff. 8-11-09; revised 10-23-09.)
25		(65 ILCS 5/11-15.1-2.1) (from Ch. 24, par. 11-15.1-2.1)

SB3733 Engrossed - 706 - LRB096 19592 AMC 34984 b
1		Sec. 11-15.1-2.1. Annexation agreement; municipal
2		jurisdiction.
3		(a) Except as provided in subsections (b) and (c), property
4		that is the subject of an annexation agreement adopted under
5		this Division is subject to the ordinances, control, and
6		jurisdiction of the annexing municipality in all respects the
7		same as property that lies within the annexing municipality's
8		corporate limits.
9		(b) This Section shall not apply in (i) a county with a
10		population of more than 3,000,000, (ii) a county that borders a
11		county with a population of more than 3,000,000 or (iii) a
12		county with a population of more than 246,000 according to the
13		1990 federal census and bordered by the Mississippi River,
14		unless the parties to the annexation agreement have, at the
15		time the agreement is signed, ownership or control of all
16		property that would make the property that is the subject of
17		the agreement contiguous to the annexing municipality, in which
18		case the property that is the subject of the annexation
19		agreement is subject to the ordinances, control, and
20		jurisdiction of the municipality in all respects the same as
21		property owned by the municipality that lies within its
22		corporate limits.
23		(b-5) The limitations of item (iii) of subsection (b) do
24		not apply to property that is the subject of an annexation
25		agreement adopted under this Division within one year after the
26		effective date of this amendatory Act of the 95th General

SB3733 Engrossed - 707 - LRB096 19592 AMC 34984 b
1		Assembly with a coterminous home rule municipality, as of June
2		1, 2009, that borders the Mississippi River, in a county with a
3		population in excess of 258,000, according to the 2000 federal
4		census, if all such agreements entered into by the municipality
5		pertain to parcels that comprise a contiguous area of not more
6		than 120 acres in the aggregate.
7		(c) Except for property located in a county referenced in
8		subsection (b) of this Section, if property that is the subject
9		of an annexation agreement Champaign, is located more than 1.5
10		miles from the corporate boundaries of the annexing
11		municipality, that property is subject to the ordinances,
12		control, and jurisdiction of the annexing municipality unless
13		the county board retains jurisdiction by the affirmative vote
14		of two-thirds of its members.
15		(d) If the county board retains jurisdiction under
16		subsection (c) of this Section, the annexing municipality may
17		file a request for jurisdiction with the county board on a case
18		by case basis. If the county board agrees by the affirmative
19		vote of a majority of its members, then the property covered by
20		the annexation agreement shall be subject to the ordinances,
21		control, and jurisdiction of the annexing municipality.
22		(Source: P.A. 95-175, eff. 1-1-08; 95-922, eff. 8-26-08;
23		96-163, eff. 1-1-10; 96-188, eff. 8-10-09; revised 8-20-09.)
24		(65 ILCS 5/11-20-15)
25		Sec. 11-20-15. Lien for removal costs.

SB3733 Engrossed - 708 - LRB096 19592 AMC 34984 b
1		(a) If the municipality incurs a removal cost under Section
2		11-20-7, 11-20-8, 11-20-12, or 11-20-13 with respect to any
3		underlying parcel, then that cost is a lien upon that
4		underlying parcel. This lien is superior to all other liens and
5		encumbrances, except tax liens and as otherwise provided in
6		subsection (c) of this Section.
7		(b) To perfect a lien under this Section, the municipality
8		must, within one year after the removal cost is incurred, file
9		notice of lien in the office of the recorder in the county in
10		which the underlying parcel is located or, if the underlying
11		parcel is registered under the Torrens system, in the office of
12		the Registrar of Titles of that county. The notice must consist
13		of a sworn statement setting out:
14		(1) a description of the underlying parcel that
15		sufficiently identifies the parcel;
16		(2) the amount of the removal cost; and
17		(3) the date or dates when the removal cost was
18		incurred by the municipality.
19		If, for any one parcel, the municipality engaged in any
20		removal activity on more than one occasion during the course of
21		one year, then the municipality may combine any or all of the
22		costs of each of those activities into a single notice of lien.
23		(c) A lien under this Section is not valid as to: (i) any
24		purchaser whose rights in and to the underlying parcel arose
25		after the removal activity but before the filing of the notice
26		of lien; or (ii) any mortgagee, judgment creditor, or other

SB3733 Engrossed - 709 - LRB096 19592 AMC 34984 b
1		lienor whose rights in and to the underlying parcel arose
2		before the filing of the notice of lien.
3		(d) The removal cost is not a lien on the underlying parcel
4		unless a notice is personally served on, or sent by certified
5		mail to, the person to whom was sent the tax bill for the
6		general taxes on the property for the taxable year immediately
7		preceding the removal activities. The notice must be delivered
8		or sent after the removal activities have been performed, and
9		it must: (i) state the substance of this Section and the
10		substance of any ordinance of the municipality implementing
11		this Section; (ii) identify the underlying parcel, by common
12		description; and (iii) describe the removal activity.
13		(e) A lien under this Section may be enforced by
14		proceedings to foreclose as in case of mortgages or mechanics'
15		liens. An action to foreclose a lien under this Section must be
16		commenced within 2 years after the date of filing notice of
17		lien.
18		(f) Any person who performs a removal activity by the
19		authority of the municipality may, in his or her own name, file
20		a lien and foreclose on that lien in the same manner as a
21		municipality under this Section.
22		(g) A failure to file a foreclosure action does not, in any
23		way, affect the validity of the lien against the underlying
24		parcel.
25		(h) Upon payment of the lien cost by the owner of the
26		underlying parcel after notice of lien has been filed, the

SB3733 Engrossed - 710 - LRB096 19592 AMC 34984 b
1		municipality (or its agent under subsection (f)) shall release
2		the lien, and the release may be filed of record by the owner
3		at his or her sole expense as in the case of filing notice of
4		lien.
5		(i) For the purposes of this Section:
6		"Lien cost" means the removal cost and the filing costs for
7		any notice of lien under subsection (b).
8		"Removal activity" means any activity for which a removal
9		cost was incurred.
10		"Removal cost" means a removal cost as defined under
11		Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13.
12		"Underlying parcel" means a parcel of private property upon
13		which a removal activity was performed.
14		"Year" means a 365-day period.
15		(j) This Section applies only to liens filed after August
16		14, 2009 (the effective date of Public Act 96-462).
17		(k) This Section shall not apply to a lien filed pursuant
18		to Section 11-20-15.1.
19		(Source: P.A. 96-462, eff. 8-14-09; 96-856, eff. 3-1-10.)
20		(65 ILCS 5/11-20-16)
21		Sec. 11-20-16 11-20-15. Retail food establishments.
22		(a) A municipality in a county having a population of
23		2,000,000 or more inhabitants must regulate and inspect retail
24		food establishments in the municipality. A municipality must
25		regulate and inspect retail food establishments in accordance

SB3733 Engrossed - 711 - LRB096 19592 AMC 34984 b
1		with applicable federal and State laws pertaining to the
2		operation of retail food establishments including but not
3		limited to the Illinois Food Handling Regulation Enforcement
4		Act, the Illinois Food, Drug and Cosmetic Act, the Sanitary
5		Food Preparation Act, the regulations of the Illinois
6		Department of Public Health, and local ordinances and
7		regulations. This subsection shall not apply to a municipality
8		that is served by a certified local health department other
9		than a county certified local health department.
10		A home rule unit may not regulate retail food
11		establishments in a less restrictive manner than as provided in
12		this Section. This Section is a limitation of home rule powers
13		under subsection (i) of Section 6 of Article VII of the
14		Illinois Constitution on the concurrent exercise by home rule
15		units of the powers and functions exercised by the State.
16		(b) A municipality may enter into an intergovernmental
17		agreement with a county that provides for the county's
18		certified local health department to perform any or all
19		inspection functions for the municipality. The municipality
20		must pay the county's reasonable costs. An intergovernmental
21		agreement shall not preclude a municipality from continuing to
22		license retail food establishments within its jurisdiction.
23		(c) For the purpose of this Section, "retail food
24		establishment" includes a food service establishment, a
25		temporary food service establishment, and a retail food store
26		as defined in the Food Service Sanitation Code, 77 Ill. Adm.

SB3733 Engrossed - 712 - LRB096 19592 AMC 34984 b
1		Code Part 750, and the Retail Food Store Sanitation Code, 77
2		Ill. Adm. Code Part 760.
3		(Source: P.A. 96-749, eff. 1-1-10; revised 10-7-09.)
4		(65 ILCS 5/11-39-3)
5		Sec. 11-39-3. Builder or developer cash bond or other
6		surety.
7		(a) A municipality may not require a cash bond, irrevocable
8		letter of credit, surety bond, or letter of commitment issued
9		by a bank, savings and loan association, surety, or insurance
10		company from a builder or developer to guarantee completion of
11		a project improvement when the builder or developer has filed
12		with the municipal clerk a current, irrevocable letter of
13		credit, surety bond, or letter of commitment issued by a bank,
14		savings and loan association, surety, or insurance company,
15		deemed good and sufficient by the municipality accepting such
16		security, in an amount equal to or greater than 110% of the
17		amount of the bid on each project improvement. A builder or
18		developer has the option to utilize a cash bond, irrevocable
19		letter of credit, surety bond, or letter of commitment, issued
20		by a bank, savings and loan association, surety, or insurance
21		company, deemed good and sufficient by the municipality, to
22		satisfy any cash bond requirement established by a
23		municipality. Except for a municipality or county with a
24		population of 1,000,000 or more, the municipality must approve
25		and deem a surety or insurance company good and sufficient for

SB3733 Engrossed - 713 - LRB096 19592 AMC 34984 b
1		the purposes set forth in this Section if the surety or
2		insurance company is authorized by the Illinois Department of
3		Insurance to sell and issue sureties in the State of Illinois.
4		(b) If a municipality receives a cash bond, irrevocable
5		letter of credit, or surety bond from a builder or developer to
6		guarantee completion of a project improvement, the
7		municipality shall (i) register the bond under the address of
8		the project and the construction permit number and (ii) give
9		the builder or developer a receipt for the bond. The
10		municipality shall establish and maintain a separate account
11		for all cash bonds received from builders and developers to
12		guarantee completion of a project improvement.
13		(c) The municipality shall refund a cash bond to a builder
14		or developer, or release the irrevocable letter of credit or
15		surety bond within 60 days after the builder or developer
16		notifies the municipality in writing of the completion of the
17		project improvement for which the bond was required. For these
18		purposes, "completion" means that the municipality has
19		determined that the project improvement for which the bond was
20		required is complete or a licensed engineer or licensed
21		architect has certified to the builder or developer and the
22		municipality that the project improvement has been completed to
23		the applicable codes and ordinances. The municipality shall pay
24		interest to the builder or developer, beginning 60 days after
25		builder or developer notifies the municipality in writing of
26		the completion of the project improvement, on any bond not

SB3733 Engrossed - 714 - LRB096 19592 AMC 34984 b
1		refunded to a builder or developer, at the rate of 1% per
2		month.
3		(d) A home rule municipality may not require or maintain
4		cash bonds, irrevocable letters of credit, surety bonds, or
5		letters of commitment issued by a bank, savings and loan
6		association, surety, or insurance company from builders or
7		developers in a manner inconsistent with this Section. This
8		Section supersedes supercedes and controls over other
9		provisions of this Code as they apply to and guarantee
10		completion of a project improvement that is required by the
11		municipality, regardless of whether the project improvement is
12		a condition of annexation agreements. This Section is a denial
13		and limitation under subsection (i) of Section 6 of Article VII
14		of the Illinois Constitution on the concurrent exercise by a
15		home rule municipality of powers and functions exercised by the
16		State.
17		(Source: P.A. 92-479, eff. 1-1-02; revised 10-30-09.)
18		(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
19		Sec. 11-74.4-3. Definitions. The following terms, wherever
20		used or referred to in this Division 74.4 shall have the
21		following respective meanings, unless in any case a different
22		meaning clearly appears from the context.
23		(a) For any redevelopment project area that has been
24		designated pursuant to this Section by an ordinance adopted
25		prior to November 1, 1999 (the effective date of Public Act

SB3733 Engrossed - 715 - LRB096 19592 AMC 34984 b
1		91-478), "blighted area" shall have the meaning set forth in
2		this Section prior to that date.
3		On and after November 1, 1999, "blighted area" means any
4		improved or vacant area within the boundaries of a
5		redevelopment project area located within the territorial
6		limits of the municipality where:
7		(1) If improved, industrial, commercial, and
8		residential buildings or improvements are detrimental to
9		the public safety, health, or welfare because of a
10		combination of 5 or more of the following factors, each of
11		which is (i) present, with that presence documented, to a
12		meaningful extent so that a municipality may reasonably
13		find that the factor is clearly present within the intent
14		of the Act and (ii) reasonably distributed throughout the
15		improved part of the redevelopment project area:
16		(A) Dilapidation. An advanced state of disrepair
17		or neglect of necessary repairs to the primary
18		structural components of buildings or improvements in
19		such a combination that a documented building
20		condition analysis determines that major repair is
21		required or the defects are so serious and so extensive
22		that the buildings must be removed.
23		(B) Obsolescence. The condition or process of
24		falling into disuse. Structures have become ill-suited
25		for the original use.
26		(C) Deterioration. With respect to buildings,

SB3733 Engrossed - 716 - LRB096 19592 AMC 34984 b
1		defects including, but not limited to, major defects in
2		the secondary building components such as doors,
3		windows, porches, gutters and downspouts, and fascia.
4		With respect to surface improvements, that the
5		condition of roadways, alleys, curbs, gutters,
6		sidewalks, off-street parking, and surface storage
7		areas evidence deterioration, including, but not
8		limited to, surface cracking, crumbling, potholes,
9		depressions, loose paving material, and weeds
10		protruding through paved surfaces.
11		(D) Presence of structures below minimum code
12		standards. All structures that do not meet the
13		standards of zoning, subdivision, building, fire, and
14		other governmental codes applicable to property, but
15		not including housing and property maintenance codes.
16		(E) Illegal use of individual structures. The use
17		of structures in violation of applicable federal,
18		State, or local laws, exclusive of those applicable to
19		the presence of structures below minimum code
20		standards.
21		(F) Excessive vacancies. The presence of buildings
22		that are unoccupied or under-utilized and that
23		represent an adverse influence on the area because of
24		the frequency, extent, or duration of the vacancies.
25		(G) Lack of ventilation, light, or sanitary
26		facilities. The absence of adequate ventilation for

SB3733 Engrossed - 717 - LRB096 19592 AMC 34984 b
1		light or air circulation in spaces or rooms without
2		windows, or that require the removal of dust, odor,
3		gas, smoke, or other noxious airborne materials.
4		Inadequate natural light and ventilation means the
5		absence of skylights or windows for interior spaces or
6		rooms and improper window sizes and amounts by room
7		area to window area ratios. Inadequate sanitary
8		facilities refers to the absence or inadequacy of
9		garbage storage and enclosure, bathroom facilities,
10		hot water and kitchens, and structural inadequacies
11		preventing ingress and egress to and from all rooms and
12		units within a building.
13		(H) Inadequate utilities. Underground and overhead
14		utilities such as storm sewers and storm drainage,
15		sanitary sewers, water lines, and gas, telephone, and
16		electrical services that are shown to be inadequate.
17		Inadequate utilities are those that are: (i) of
18		insufficient capacity to serve the uses in the
19		redevelopment project area, (ii) deteriorated,
20		antiquated, obsolete, or in disrepair, or (iii)
21		lacking within the redevelopment project area.
22		(I) Excessive land coverage and overcrowding of
23		structures and community facilities. The
24		over-intensive use of property and the crowding of
25		buildings and accessory facilities onto a site.
26		Examples of problem conditions warranting the

SB3733 Engrossed - 718 - LRB096 19592 AMC 34984 b
1		designation of an area as one exhibiting excessive land
2		coverage are: (i) the presence of buildings either
3		improperly situated on parcels or located on parcels of
4		inadequate size and shape in relation to present-day
5		standards of development for health and safety and (ii)
6		the presence of multiple buildings on a single parcel.
7		For there to be a finding of excessive land coverage,
8		these parcels must exhibit one or more of the following
9		conditions: insufficient provision for light and air
10		within or around buildings, increased threat of spread
11		of fire due to the close proximity of buildings, lack
12		of adequate or proper access to a public right-of-way,
13		lack of reasonably required off-street parking, or
14		inadequate provision for loading and service.
15		(J) Deleterious land use or layout. The existence
16		of incompatible land-use relationships, buildings
17		occupied by inappropriate mixed-uses, or uses
18		considered to be noxious, offensive, or unsuitable for
19		the surrounding area.
20		(K) Environmental clean-up. The proposed
21		redevelopment project area has incurred Illinois
22		Environmental Protection Agency or United States
23		Environmental Protection Agency remediation costs for,
24		or a study conducted by an independent consultant
25		recognized as having expertise in environmental
26		remediation has determined a need for, the clean-up of

SB3733 Engrossed - 719 - LRB096 19592 AMC 34984 b
1		hazardous waste, hazardous substances, or underground
2		storage tanks required by State or federal law,
3		provided that the remediation costs constitute a
4		material impediment to the development or
5		redevelopment of the redevelopment project area.
6		(L) Lack of community planning. The proposed
7		redevelopment project area was developed prior to or
8		without the benefit or guidance of a community plan.
9		This means that the development occurred prior to the
10		adoption by the municipality of a comprehensive or
11		other community plan or that the plan was not followed
12		at the time of the area's development. This factor must
13		be documented by evidence of adverse or incompatible
14		land-use relationships, inadequate street layout,
15		improper subdivision, parcels of inadequate shape and
16		size to meet contemporary development standards, or
17		other evidence demonstrating an absence of effective
18		community planning.
19		(M) The total equalized assessed value of the
20		proposed redevelopment project area has declined for 3
21		of the last 5 calendar years prior to the year in which
22		the redevelopment project area is designated or is
23		increasing at an annual rate that is less than the
24		balance of the municipality for 3 of the last 5
25		calendar years for which information is available or is
26		increasing at an annual rate that is less than the

SB3733 Engrossed - 720 - LRB096 19592 AMC 34984 b
1		Consumer Price Index for All Urban Consumers published
2		by the United States Department of Labor or successor
3		agency for 3 of the last 5 calendar years prior to the
4		year in which the redevelopment project area is
5		designated.
6		(2) If vacant, the sound growth of the redevelopment
7		project area is impaired by a combination of 2 or more of
8		the following factors, each of which is (i) present, with
9		that presence documented, to a meaningful extent so that a
10		municipality may reasonably find that the factor is clearly
11		present within the intent of the Act and (ii) reasonably
12		distributed throughout the vacant part of the
13		redevelopment project area to which it pertains:
14		(A) Obsolete platting of vacant land that results
15		in parcels of limited or narrow size or configurations
16		of parcels of irregular size or shape that would be
17		difficult to develop on a planned basis and in a manner
18		compatible with contemporary standards and
19		requirements, or platting that failed to create
20		rights-of-ways for streets or alleys or that created
21		inadequate right-of-way widths for streets, alleys, or
22		other public rights-of-way or that omitted easements
23		for public utilities.
24		(B) Diversity of ownership of parcels of vacant
25		land sufficient in number to retard or impede the
26		ability to assemble the land for development.

SB3733 Engrossed - 721 - LRB096 19592 AMC 34984 b
1		(C) Tax and special assessment delinquencies exist
2		or the property has been the subject of tax sales under
3		the Property Tax Code within the last 5 years.
4		(D) Deterioration of structures or site
5		improvements in neighboring areas adjacent to the
6		vacant land.
7		(E) The area has incurred Illinois Environmental
8		Protection Agency or United States Environmental
9		Protection Agency remediation costs for, or a study
10		conducted by an independent consultant recognized as
11		having expertise in environmental remediation has
12		determined a need for, the clean-up of hazardous waste,
13		hazardous substances, or underground storage tanks
14		required by State or federal law, provided that the
15		remediation costs constitute a material impediment to
16		the development or redevelopment of the redevelopment
17		project area.
18		(F) The total equalized assessed value of the
19		proposed redevelopment project area has declined for 3
20		of the last 5 calendar years prior to the year in which
21		the redevelopment project area is designated or is
22		increasing at an annual rate that is less than the
23		balance of the municipality for 3 of the last 5
24		calendar years for which information is available or is
25		increasing at an annual rate that is less than the
26		Consumer Price Index for All Urban Consumers published

SB3733 Engrossed - 722 - LRB096 19592 AMC 34984 b
1		by the United States Department of Labor or successor
2		agency for 3 of the last 5 calendar years prior to the
3		year in which the redevelopment project area is
4		designated.
5		(3) If vacant, the sound growth of the redevelopment
6		project area is impaired by one of the following factors
7		that (i) is present, with that presence documented, to a
8		meaningful extent so that a municipality may reasonably
9		find that the factor is clearly present within the intent
10		of the Act and (ii) is reasonably distributed throughout
11		the vacant part of the redevelopment project area to which
12		it pertains:
13		(A) The area consists of one or more unused
14		quarries, mines, or strip mine ponds.
15		(B) The area consists of unused rail yards, rail
16		tracks, or railroad rights-of-way.
17		(C) The area, prior to its designation, is subject
18		to (i) chronic flooding that adversely impacts on real
19		property in the area as certified by a registered
20		professional engineer or appropriate regulatory agency
21		or (ii) surface water that discharges from all or a
22		part of the area and contributes to flooding within the
23		same watershed, but only if the redevelopment project
24		provides for facilities or improvements to contribute
25		to the alleviation of all or part of the flooding.
26		(D) The area consists of an unused or illegal

SB3733 Engrossed - 723 - LRB096 19592 AMC 34984 b
1		disposal site containing earth, stone, building
2		debris, or similar materials that were removed from
3		construction, demolition, excavation, or dredge sites.
4		(E) Prior to November 1, 1999, the area is not less
5		than 50 nor more than 100 acres and 75% of which is
6		vacant (notwithstanding that the area has been used for
7		commercial agricultural purposes within 5 years prior
8		to the designation of the redevelopment project area),
9		and the area meets at least one of the factors itemized
10		in paragraph (1) of this subsection, the area has been
11		designated as a town or village center by ordinance or
12		comprehensive plan adopted prior to January 1, 1982,
13		and the area has not been developed for that designated
14		purpose.
15		(F) The area qualified as a blighted improved area
16		immediately prior to becoming vacant, unless there has
17		been substantial private investment in the immediately
18		surrounding area.
19		(b) For any redevelopment project area that has been
20		designated pursuant to this Section by an ordinance adopted
21		prior to November 1, 1999 (the effective date of Public Act
22		91-478), "conservation area" shall have the meaning set forth
23		in this Section prior to that date.
24		On and after November 1, 1999, "conservation area" means
25		any improved area within the boundaries of a redevelopment
26		project area located within the territorial limits of the

SB3733 Engrossed - 724 - LRB096 19592 AMC 34984 b
1		municipality in which 50% or more of the structures in the area
2		have an age of 35 years or more. Such an area is not yet a
3		blighted area but because of a combination of 3 or more of the
4		following factors is detrimental to the public safety, health,
5		morals or welfare and such an area may become a blighted area:
6		(1) Dilapidation. An advanced state of disrepair or
7		neglect of necessary repairs to the primary structural
8		components of buildings or improvements in such a
9		combination that a documented building condition analysis
10		determines that major repair is required or the defects are
11		so serious and so extensive that the buildings must be
12		removed.
13		(2) Obsolescence. The condition or process of falling
14		into disuse. Structures have become ill-suited for the
15		original use.
16		(3) Deterioration. With respect to buildings, defects
17		including, but not limited to, major defects in the
18		secondary building components such as doors, windows,
19		porches, gutters and downspouts, and fascia. With respect
20		to surface improvements, that the condition of roadways,
21		alleys, curbs, gutters, sidewalks, off-street parking, and
22		surface storage areas evidence deterioration, including,
23		but not limited to, surface cracking, crumbling, potholes,
24		depressions, loose paving material, and weeds protruding
25		through paved surfaces.
26		(4) Presence of structures below minimum code

SB3733 Engrossed - 725 - LRB096 19592 AMC 34984 b
1		standards. All structures that do not meet the standards of
2		zoning, subdivision, building, fire, and other
3		governmental codes applicable to property, but not
4		including housing and property maintenance codes.
5		(5) Illegal use of individual structures. The use of
6		structures in violation of applicable federal, State, or
7		local laws, exclusive of those applicable to the presence
8		of structures below minimum code standards.
9		(6) Excessive vacancies. The presence of buildings
10		that are unoccupied or under-utilized and that represent an
11		adverse influence on the area because of the frequency,
12		extent, or duration of the vacancies.
13		(7) Lack of ventilation, light, or sanitary
14		facilities. The absence of adequate ventilation for light
15		or air circulation in spaces or rooms without windows, or
16		that require the removal of dust, odor, gas, smoke, or
17		other noxious airborne materials. Inadequate natural light
18		and ventilation means the absence or inadequacy of
19		skylights or windows for interior spaces or rooms and
20		improper window sizes and amounts by room area to window
21		area ratios. Inadequate sanitary facilities refers to the
22		absence or inadequacy of garbage storage and enclosure,
23		bathroom facilities, hot water and kitchens, and
24		structural inadequacies preventing ingress and egress to
25		and from all rooms and units within a building.
26		(8) Inadequate utilities. Underground and overhead

SB3733 Engrossed - 726 - LRB096 19592 AMC 34984 b
1		utilities such as storm sewers and storm drainage, sanitary
2		sewers, water lines, and gas, telephone, and electrical
3		services that are shown to be inadequate. Inadequate
4		utilities are those that are: (i) of insufficient capacity
5		to serve the uses in the redevelopment project area, (ii)
6		deteriorated, antiquated, obsolete, or in disrepair, or
7		(iii) lacking within the redevelopment project area.
8		(9) Excessive land coverage and overcrowding of
9		structures and community facilities. The over-intensive
10		use of property and the crowding of buildings and accessory
11		facilities onto a site. Examples of problem conditions
12		warranting the designation of an area as one exhibiting
13		excessive land coverage are: the presence of buildings
14		either improperly situated on parcels or located on parcels
15		of inadequate size and shape in relation to present-day
16		standards of development for health and safety and the
17		presence of multiple buildings on a single parcel. For
18		there to be a finding of excessive land coverage, these
19		parcels must exhibit one or more of the following
20		conditions: insufficient provision for light and air
21		within or around buildings, increased threat of spread of
22		fire due to the close proximity of buildings, lack of
23		adequate or proper access to a public right-of-way, lack of
24		reasonably required off-street parking, or inadequate
25		provision for loading and service.
26		(10) Deleterious land use or layout. The existence of

SB3733 Engrossed - 727 - LRB096 19592 AMC 34984 b
1		incompatible land-use relationships, buildings occupied by
2		inappropriate mixed-uses, or uses considered to be
3		noxious, offensive, or unsuitable for the surrounding
4		area.
5		(11) Lack of community planning. The proposed
6		redevelopment project area was developed prior to or
7		without the benefit or guidance of a community plan. This
8		means that the development occurred prior to the adoption
9		by the municipality of a comprehensive or other community
10		plan or that the plan was not followed at the time of the
11		area's development. This factor must be documented by
12		evidence of adverse or incompatible land-use
13		relationships, inadequate street layout, improper
14		subdivision, parcels of inadequate shape and size to meet
15		contemporary development standards, or other evidence
16		demonstrating an absence of effective community planning.
17		(12) The area has incurred Illinois Environmental
18		Protection Agency or United States Environmental
19		Protection Agency remediation costs for, or a study
20		conducted by an independent consultant recognized as
21		having expertise in environmental remediation has
22		determined a need for, the clean-up of hazardous waste,
23		hazardous substances, or underground storage tanks
24		required by State or federal law, provided that the
25		remediation costs constitute a material impediment to the
26		development or redevelopment of the redevelopment project

SB3733 Engrossed - 728 - LRB096 19592 AMC 34984 b
1		area.
2		(13) The total equalized assessed value of the proposed
3		redevelopment project area has declined for 3 of the last 5
4		calendar years for which information is available or is
5		increasing at an annual rate that is less than the balance
6		of the municipality for 3 of the last 5 calendar years for
7		which information is available or is increasing at an
8		annual rate that is less than the Consumer Price Index for
9		All Urban Consumers published by the United States
10		Department of Labor or successor agency for 3 of the last 5
11		calendar years for which information is available.
12		(c) "Industrial park" means an area in a blighted or
13		conservation area suitable for use by any manufacturing,
14		industrial, research or transportation enterprise, of
15		facilities to include but not be limited to factories, mills,
16		processing plants, assembly plants, packing plants,
17		fabricating plants, industrial distribution centers,
18		warehouses, repair overhaul or service facilities, freight
19		terminals, research facilities, test facilities or railroad
20		facilities.
21		(d) "Industrial park conservation area" means an area
22		within the boundaries of a redevelopment project area located
23		within the territorial limits of a municipality that is a labor
24		surplus municipality or within 1 1/2 miles of the territorial
25		limits of a municipality that is a labor surplus municipality
26		if the area is annexed to the municipality; which area is zoned

SB3733 Engrossed - 729 - LRB096 19592 AMC 34984 b
1		as industrial no later than at the time the municipality by
2		ordinance designates the redevelopment project area, and which
3		area includes both vacant land suitable for use as an
4		industrial park and a blighted area or conservation area
5		contiguous to such vacant land.
6		(e) "Labor surplus municipality" means a municipality in
7		which, at any time during the 6 months before the municipality
8		by ordinance designates an industrial park conservation area,
9		the unemployment rate was over 6% and was also 100% or more of
10		the national average unemployment rate for that same time as
11		published in the United States Department of Labor Bureau of
12		Labor Statistics publication entitled "The Employment
13		Situation" or its successor publication. For the purpose of
14		this subsection, if unemployment rate statistics for the
15		municipality are not available, the unemployment rate in the
16		municipality shall be deemed to be the same as the unemployment
17		rate in the principal county in which the municipality is
18		located.
19		(f) "Municipality" shall mean a city, village,
20		incorporated town, or a township that is located in the
21		unincorporated portion of a county with 3 million or more
22		inhabitants, if the county adopted an ordinance that approved
23		the township's redevelopment plan.
24		(g) "Initial Sales Tax Amounts" means the amount of taxes
25		paid under the Retailers' Occupation Tax Act, Use Tax Act,
26		Service Use Tax Act, the Service Occupation Tax Act, the

SB3733 Engrossed - 730 - LRB096 19592 AMC 34984 b
1		Municipal Retailers' Occupation Tax Act, and the Municipal
2		Service Occupation Tax Act by retailers and servicemen on
3		transactions at places located in a State Sales Tax Boundary
4		during the calendar year 1985.
5		(g-1) "Revised Initial Sales Tax Amounts" means the amount
6		of taxes paid under the Retailers' Occupation Tax Act, Use Tax
7		Act, Service Use Tax Act, the Service Occupation Tax Act, the
8		Municipal Retailers' Occupation Tax Act, and the Municipal
9		Service Occupation Tax Act by retailers and servicemen on
10		transactions at places located within the State Sales Tax
11		Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
12		(h) "Municipal Sales Tax Increment" means an amount equal
13		to the increase in the aggregate amount of taxes paid to a
14		municipality from the Local Government Tax Fund arising from
15		sales by retailers and servicemen within the redevelopment
16		project area or State Sales Tax Boundary, as the case may be,
17		for as long as the redevelopment project area or State Sales
18		Tax Boundary, as the case may be, exist over and above the
19		aggregate amount of taxes as certified by the Illinois
20		Department of Revenue and paid under the Municipal Retailers'
21		Occupation Tax Act and the Municipal Service Occupation Tax Act
22		by retailers and servicemen, on transactions at places of
23		business located in the redevelopment project area or State
24		Sales Tax Boundary, as the case may be, during the base year
25		which shall be the calendar year immediately prior to the year
26		in which the municipality adopted tax increment allocation

SB3733 Engrossed - 731 - LRB096 19592 AMC 34984 b
1		financing. For purposes of computing the aggregate amount of
2		such taxes for base years occurring prior to 1985, the
3		Department of Revenue shall determine the Initial Sales Tax
4		Amounts for such taxes and deduct therefrom an amount equal to
5		4% of the aggregate amount of taxes per year for each year the
6		base year is prior to 1985, but not to exceed a total deduction
7		of 12%. The amount so determined shall be known as the
8		"Adjusted Initial Sales Tax Amounts". For purposes of
9		determining the Municipal Sales Tax Increment, the Department
10		of Revenue shall for each period subtract from the amount paid
11		to the municipality from the Local Government Tax Fund arising
12		from sales by retailers and servicemen on transactions located
13		in the redevelopment project area or the State Sales Tax
14		Boundary, as the case may be, the certified Initial Sales Tax
15		Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
16		Initial Sales Tax Amounts for the Municipal Retailers'
17		Occupation Tax Act and the Municipal Service Occupation Tax
18		Act. For the State Fiscal Year 1989, this calculation shall be
19		made by utilizing the calendar year 1987 to determine the tax
20		amounts received. For the State Fiscal Year 1990, this
21		calculation shall be made by utilizing the period from January
22		1, 1988, until September 30, 1988, to determine the tax amounts
23		received from retailers and servicemen pursuant to the
24		Municipal Retailers' Occupation Tax and the Municipal Service
25		Occupation Tax Act, which shall have deducted therefrom
26		nine-twelfths of the certified Initial Sales Tax Amounts, the

SB3733 Engrossed - 732 - LRB096 19592 AMC 34984 b
1		Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
2		Tax Amounts as appropriate. For the State Fiscal Year 1991,
3		this calculation shall be made by utilizing the period from
4		October 1, 1988, to June 30, 1989, to determine the tax amounts
5		received from retailers and servicemen pursuant to the
6		Municipal Retailers' Occupation Tax and the Municipal Service
7		Occupation Tax Act which shall have deducted therefrom
8		nine-twelfths of the certified Initial Sales Tax Amounts,
9		Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
10		Tax Amounts as appropriate. For every State Fiscal Year
11		thereafter, the applicable period shall be the 12 months
12		beginning July 1 and ending June 30 to determine the tax
13		amounts received which shall have deducted therefrom the
14		certified Initial Sales Tax Amounts, the Adjusted Initial Sales
15		Tax Amounts or the Revised Initial Sales Tax Amounts, as the
16		case may be.
17		(i) "Net State Sales Tax Increment" means the sum of the
18		following: (a) 80% of the first $100,000 of State Sales Tax
19		Increment annually generated within a State Sales Tax Boundary;
20		(b) 60% of the amount in excess of $100,000 but not exceeding
21		$500,000 of State Sales Tax Increment annually generated within
22		a State Sales Tax Boundary; and (c) 40% of all amounts in
23		excess of $500,000 of State Sales Tax Increment annually
24		generated within a State Sales Tax Boundary. If, however, a
25		municipality established a tax increment financing district in
26		a county with a population in excess of 3,000,000 before

SB3733 Engrossed - 733 - LRB096 19592 AMC 34984 b
1		January 1, 1986, and the municipality entered into a contract
2		or issued bonds after January 1, 1986, but before December 31,
3		1986, to finance redevelopment project costs within a State
4		Sales Tax Boundary, then the Net State Sales Tax Increment
5		means, for the fiscal years beginning July 1, 1990, and July 1,
6		1991, 100% of the State Sales Tax Increment annually generated
7		within a State Sales Tax Boundary; and notwithstanding any
8		other provision of this Act, for those fiscal years the
9		Department of Revenue shall distribute to those municipalities
10		100% of their Net State Sales Tax Increment before any
11		distribution to any other municipality and regardless of
12		whether or not those other municipalities will receive 100% of
13		their Net State Sales Tax Increment. For Fiscal Year 1999, and
14		every year thereafter until the year 2007, for any municipality
15		that has not entered into a contract or has not issued bonds
16		prior to June 1, 1988 to finance redevelopment project costs
17		within a State Sales Tax Boundary, the Net State Sales Tax
18		Increment shall be calculated as follows: By multiplying the
19		Net State Sales Tax Increment by 90% in the State Fiscal Year
20		1999; 80% in the State Fiscal Year 2000; 70% in the State
21		Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
22		State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
23		in the State Fiscal Year 2005; 20% in the State Fiscal Year
24		2006; and 10% in the State Fiscal Year 2007. No payment shall
25		be made for State Fiscal Year 2008 and thereafter.
26		Municipalities that issued bonds in connection with a

SB3733 Engrossed - 734 - LRB096 19592 AMC 34984 b
1		redevelopment project in a redevelopment project area within
2		the State Sales Tax Boundary prior to July 29, 1991, or that
3		entered into contracts in connection with a redevelopment
4		project in a redevelopment project area before June 1, 1988,
5		shall continue to receive their proportional share of the
6		Illinois Tax Increment Fund distribution until the date on
7		which the redevelopment project is completed or terminated. If,
8		however, a municipality that issued bonds in connection with a
9		redevelopment project in a redevelopment project area within
10		the State Sales Tax Boundary prior to July 29, 1991 retires the
11		bonds prior to June 30, 2007 or a municipality that entered
12		into contracts in connection with a redevelopment project in a
13		redevelopment project area before June 1, 1988 completes the
14		contracts prior to June 30, 2007, then so long as the
15		redevelopment project is not completed or is not terminated,
16		the Net State Sales Tax Increment shall be calculated,
17		beginning on the date on which the bonds are retired or the
18		contracts are completed, as follows: By multiplying the Net
19		State Sales Tax Increment by 60% in the State Fiscal Year 2002;
20		50% in the State Fiscal Year 2003; 40% in the State Fiscal Year
21		2004; 30% in the State Fiscal Year 2005; 20% in the State
22		Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
23		payment shall be made for State Fiscal Year 2008 and
24		thereafter. Refunding of any bonds issued prior to July 29,
25		1991, shall not alter the Net State Sales Tax Increment.
26		(j) "State Utility Tax Increment Amount" means an amount

SB3733 Engrossed - 735 - LRB096 19592 AMC 34984 b
1		equal to the aggregate increase in State electric and gas tax
2		charges imposed on owners and tenants, other than residential
3		customers, of properties located within the redevelopment
4		project area under Section 9-222 of the Public Utilities Act,
5		over and above the aggregate of such charges as certified by
6		the Department of Revenue and paid by owners and tenants, other
7		than residential customers, of properties within the
8		redevelopment project area during the base year, which shall be
9		the calendar year immediately prior to the year of the adoption
10		of the ordinance authorizing tax increment allocation
11		financing.
12		(k) "Net State Utility Tax Increment" means the sum of the
13		following: (a) 80% of the first $100,000 of State Utility Tax
14		Increment annually generated by a redevelopment project area;
15		(b) 60% of the amount in excess of $100,000 but not exceeding
16		$500,000 of the State Utility Tax Increment annually generated
17		by a redevelopment project area; and (c) 40% of all amounts in
18		excess of $500,000 of State Utility Tax Increment annually
19		generated by a redevelopment project area. For the State Fiscal
20		Year 1999, and every year thereafter until the year 2007, for
21		any municipality that has not entered into a contract or has
22		not issued bonds prior to June 1, 1988 to finance redevelopment
23		project costs within a redevelopment project area, the Net
24		State Utility Tax Increment shall be calculated as follows: By
25		multiplying the Net State Utility Tax Increment by 90% in the
26		State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%

SB3733 Engrossed - 736 - LRB096 19592 AMC 34984 b
1		in the State Fiscal Year 2001; 60% in the State Fiscal Year
2		2002; 50% in the State Fiscal Year 2003; 40% in the State
3		Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
4		State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
5		No payment shall be made for the State Fiscal Year 2008 and
6		thereafter.
7		Municipalities that issue bonds in connection with the
8		redevelopment project during the period from June 1, 1988 until
9		3 years after the effective date of this Amendatory Act of 1988
10		shall receive the Net State Utility Tax Increment, subject to
11		appropriation, for 15 State Fiscal Years after the issuance of
12		such bonds. For the 16th through the 20th State Fiscal Years
13		after issuance of the bonds, the Net State Utility Tax
14		Increment shall be calculated as follows: By multiplying the
15		Net State Utility Tax Increment by 90% in year 16; 80% in year
16		17; 70% in year 18; 60% in year 19; and 50% in year 20.
17		Refunding of any bonds issued prior to June 1, 1988, shall not
18		alter the revised Net State Utility Tax Increment payments set
19		forth above.
20		(l) "Obligations" mean bonds, loans, debentures, notes,
21		special certificates or other evidence of indebtedness issued
22		by the municipality to carry out a redevelopment project or to
23		refund outstanding obligations.
24		(m) "Payment in lieu of taxes" means those estimated tax
25		revenues from real property in a redevelopment project area
26		derived from real property that has been acquired by a

SB3733 Engrossed - 737 - LRB096 19592 AMC 34984 b
1		municipality which according to the redevelopment project or
2		plan is to be used for a private use which taxing districts
3		would have received had a municipality not acquired the real
4		property and adopted tax increment allocation financing and
5		which would result from levies made after the time of the
6		adoption of tax increment allocation financing to the time the
7		current equalized value of real property in the redevelopment
8		project area exceeds the total initial equalized value of real
9		property in said area.
10		(n) "Redevelopment plan" means the comprehensive program
11		of the municipality for development or redevelopment intended
12		by the payment of redevelopment project costs to reduce or
13		eliminate those conditions the existence of which qualified the
14		redevelopment project area as a "blighted area" or
15		"conservation area" or combination thereof or "industrial park
16		conservation area," and thereby to enhance the tax bases of the
17		taxing districts which extend into the redevelopment project
18		area. On and after November 1, 1999 (the effective date of
19		Public Act 91-478), no redevelopment plan may be approved or
20		amended that includes the development of vacant land (i) with a
21		golf course and related clubhouse and other facilities or (ii)
22		designated by federal, State, county, or municipal government
23		as public land for outdoor recreational activities or for
24		nature preserves and used for that purpose within 5 years prior
25		to the adoption of the redevelopment plan. For the purpose of
26		this subsection, "recreational activities" is limited to mean

SB3733 Engrossed - 738 - LRB096 19592 AMC 34984 b
1		camping and hunting. Each redevelopment plan shall set forth in
2		writing the program to be undertaken to accomplish the
3		objectives and shall include but not be limited to:
4		(A) an itemized list of estimated redevelopment
5		project costs;
6		(B) evidence indicating that the redevelopment project
7		area on the whole has not been subject to growth and
8		development through investment by private enterprise;
9		(C) an assessment of any financial impact of the
10		redevelopment project area on or any increased demand for
11		services from any taxing district affected by the plan and
12		any program to address such financial impact or increased
13		demand;
14		(D) the sources of funds to pay costs;
15		(E) the nature and term of the obligations to be
16		issued;
17		(F) the most recent equalized assessed valuation of the
18		redevelopment project area;
19		(G) an estimate as to the equalized assessed valuation
20		after redevelopment and the general land uses to apply in
21		the redevelopment project area;
22		(H) a commitment to fair employment practices and an
23		affirmative action plan;
24		(I) if it concerns an industrial park conservation
25		area, the plan shall also include a general description of
26		any proposed developer, user and tenant of any property, a

SB3733 Engrossed - 739 - LRB096 19592 AMC 34984 b
1		description of the type, structure and general character of
2		the facilities to be developed, a description of the type,
3		class and number of new employees to be employed in the
4		operation of the facilities to be developed; and
5		(J) if property is to be annexed to the municipality,
6		the plan shall include the terms of the annexation
7		agreement.
8		The provisions of items (B) and (C) of this subsection (n)
9		shall not apply to a municipality that before March 14, 1994
10		(the effective date of Public Act 88-537) had fixed, either by
11		its corporate authorities or by a commission designated under
12		subsection (k) of Section 11-74.4-4, a time and place for a
13		public hearing as required by subsection (a) of Section
14		11-74.4-5. No redevelopment plan shall be adopted unless a
15		municipality complies with all of the following requirements:
16		(1) The municipality finds that the redevelopment
17		project area on the whole has not been subject to growth
18		and development through investment by private enterprise
19		and would not reasonably be anticipated to be developed
20		without the adoption of the redevelopment plan.
21		(2) The municipality finds that the redevelopment plan
22		and project conform to the comprehensive plan for the
23		development of the municipality as a whole, or, for
24		municipalities with a population of 100,000 or more,
25		regardless of when the redevelopment plan and project was
26		adopted, the redevelopment plan and project either: (i)

SB3733 Engrossed - 740 - LRB096 19592 AMC 34984 b
1		conforms to the strategic economic development or
2		redevelopment plan issued by the designated planning
3		authority of the municipality, or (ii) includes land uses
4		that have been approved by the planning commission of the
5		municipality.
6		(3) The redevelopment plan establishes the estimated
7		dates of completion of the redevelopment project and
8		retirement of obligations issued to finance redevelopment
9		project costs. Those dates may not be later than the dates
10		set forth under Section 11-74.4-3.5.
11		A municipality may by municipal ordinance amend an
12		existing redevelopment plan to conform to this paragraph
13		(3) as amended by Public Act 91-478, which municipal
14		ordinance may be adopted without further hearing or notice
15		and without complying with the procedures provided in this
16		Act pertaining to an amendment to or the initial approval
17		of a redevelopment plan and project and designation of a
18		redevelopment project area.
19		(3.5) The municipality finds, in the case of an
20		industrial park conservation area, also that the
21		municipality is a labor surplus municipality and that the
22		implementation of the redevelopment plan will reduce
23		unemployment, create new jobs and by the provision of new
24		facilities enhance the tax base of the taxing districts
25		that extend into the redevelopment project area.
26		(4) If any incremental revenues are being utilized

SB3733 Engrossed - 741 - LRB096 19592 AMC 34984 b
1		under Section 8(a)(1) or 8(a)(2) of this Act in
2		redevelopment project areas approved by ordinance after
3		January 1, 1986, the municipality finds: (a) that the
4		redevelopment project area would not reasonably be
5		developed without the use of such incremental revenues, and
6		(b) that such incremental revenues will be exclusively
7		utilized for the development of the redevelopment project
8		area.
9		(5) If the redevelopment plan will not result in
10		displacement of residents from 10 or more inhabited
11		residential units, and the municipality certifies in the
12		plan that such displacement will not result from the plan,
13		a housing impact study need not be performed. If, however,
14		the redevelopment plan would result in the displacement of
15		residents from 10 or more inhabited residential units, or
16		if the redevelopment project area contains 75 or more
17		inhabited residential units and no certification is made,
18		then the municipality shall prepare, as part of the
19		separate feasibility report required by subsection (a) of
20		Section 11-74.4-5, a housing impact study.
21		Part I of the housing impact study shall include (i)
22		data as to whether the residential units are single family
23		or multi-family units, (ii) the number and type of rooms
24		within the units, if that information is available, (iii)
25		whether the units are inhabited or uninhabited, as
26		determined not less than 45 days before the date that the

SB3733 Engrossed - 742 - LRB096 19592 AMC 34984 b
1		ordinance or resolution required by subsection (a) of
2		Section 11-74.4-5 is passed, and (iv) data as to the racial
3		and ethnic composition of the residents in the inhabited
4		residential units. The data requirement as to the racial
5		and ethnic composition of the residents in the inhabited
6		residential units shall be deemed to be fully satisfied by
7		data from the most recent federal census.
8		Part II of the housing impact study shall identify the
9		inhabited residential units in the proposed redevelopment
10		project area that are to be or may be removed. If inhabited
11		residential units are to be removed, then the housing
12		impact study shall identify (i) the number and location of
13		those units that will or may be removed, (ii) the
14		municipality's plans for relocation assistance for those
15		residents in the proposed redevelopment project area whose
16		residences are to be removed, (iii) the availability of
17		replacement housing for those residents whose residences
18		are to be removed, and shall identify the type, location,
19		and cost of the housing, and (iv) the type and extent of
20		relocation assistance to be provided.
21		(6) On and after November 1, 1999, the housing impact
22		study required by paragraph (5) shall be incorporated in
23		the redevelopment plan for the redevelopment project area.
24		(7) On and after November 1, 1999, no redevelopment
25		plan shall be adopted, nor an existing plan amended, nor
26		shall residential housing that is occupied by households of

SB3733 Engrossed - 743 - LRB096 19592 AMC 34984 b
1		low-income and very low-income persons in currently
2		existing redevelopment project areas be removed after
3		November 1, 1999 unless the redevelopment plan provides,
4		with respect to inhabited housing units that are to be
5		removed for households of low-income and very low-income
6		persons, affordable housing and relocation assistance not
7		less than that which would be provided under the federal
8		Uniform Relocation Assistance and Real Property
9		Acquisition Policies Act of 1970 and the regulations under
10		that Act, including the eligibility criteria. Affordable
11		housing may be either existing or newly constructed
12		housing. For purposes of this paragraph (7), "low-income
13		households", "very low-income households", and "affordable
14		housing" have the meanings set forth in the Illinois
15		Affordable Housing Act. The municipality shall make a good
16		faith effort to ensure that this affordable housing is
17		located in or near the redevelopment project area within
18		the municipality.
19		(8) On and after November 1, 1999, if, after the
20		adoption of the redevelopment plan for the redevelopment
21		project area, any municipality desires to amend its
22		redevelopment plan to remove more inhabited residential
23		units than specified in its original redevelopment plan,
24		that change shall be made in accordance with the procedures
25		in subsection (c) of Section 11-74.4-5.
26		(9) For redevelopment project areas designated prior

SB3733 Engrossed - 744 - LRB096 19592 AMC 34984 b
1		to November 1, 1999, the redevelopment plan may be amended
2		without further joint review board meeting or hearing,
3		provided that the municipality shall give notice of any
4		such changes by mail to each affected taxing district and
5		registrant on the interested party registry, to authorize
6		the municipality to expend tax increment revenues for
7		redevelopment project costs defined by paragraphs (5) and
8		(7.5), subparagraphs (E) and (F) of paragraph (11), and
9		paragraph (11.5) of subsection (q) of Section 11-74.4-3, so
10		long as the changes do not increase the total estimated
11		redevelopment project costs set out in the redevelopment
12		plan by more than 5% after adjustment for inflation from
13		the date the plan was adopted.
14		(o) "Redevelopment project" means any public and private
15		development project in furtherance of the objectives of a
16		redevelopment plan. On and after November 1, 1999 (the
17		effective date of Public Act 91-478), no redevelopment plan may
18		be approved or amended that includes the development of vacant
19		land (i) with a golf course and related clubhouse and other
20		facilities or (ii) designated by federal, State, county, or
21		municipal government as public land for outdoor recreational
22		activities or for nature preserves and used for that purpose
23		within 5 years prior to the adoption of the redevelopment plan.
24		For the purpose of this subsection, "recreational activities"
25		is limited to mean camping and hunting.
26		(p) "Redevelopment project area" means an area designated

SB3733 Engrossed - 745 - LRB096 19592 AMC 34984 b
1		by the municipality, which is not less in the aggregate than 1
2		1/2 acres and in respect to which the municipality has made a
3		finding that there exist conditions which cause the area to be
4		classified as an industrial park conservation area or a
5		blighted area or a conservation area, or a combination of both
6		blighted areas and conservation areas.
7		(p-1) Notwithstanding any provision of this Act to the
8		contrary, on and after August 25, 2009 (the effective date of
9		Public Act 96-680) this amendatory Act of the 96th General
10		Assembly, a redevelopment project area may include areas within
11		a one-half mile radius of an existing or proposed Regional
12		Transportation Authority Suburban Transit Access Route (STAR
13		Line) station without a finding that the area is classified as
14		an industrial park conservation area, a blighted area, a
15		conservation area, or a combination thereof, but only if the
16		municipality receives unanimous consent from the joint review
17		board created to review the proposed redevelopment project
18		area.
19		(q) "Redevelopment project costs", except for
20		redevelopment project areas created pursuant to subsection
21		(p-1), means mean and includes include the sum total of all
22		reasonable or necessary costs incurred or estimated to be
23		incurred, and any such costs incidental to a redevelopment plan
24		and a redevelopment project. Such costs include, without
25		limitation, the following:
26		(1) Costs of studies, surveys, development of plans,

SB3733 Engrossed - 746 - LRB096 19592 AMC 34984 b
1		and specifications, implementation and administration of
2		the redevelopment plan including but not limited to staff
3		and professional service costs for architectural,
4		engineering, legal, financial, planning or other services,
5		provided however that no charges for professional services
6		may be based on a percentage of the tax increment
7		collected; except that on and after November 1, 1999 (the
8		effective date of Public Act 91-478), no contracts for
9		professional services, excluding architectural and
10		engineering services, may be entered into if the terms of
11		the contract extend beyond a period of 3 years. In
12		addition, "redevelopment project costs" shall not include
13		lobbying expenses. After consultation with the
14		municipality, each tax increment consultant or advisor to a
15		municipality that plans to designate or has designated a
16		redevelopment project area shall inform the municipality
17		in writing of any contracts that the consultant or advisor
18		has entered into with entities or individuals that have
19		received, or are receiving, payments financed by tax
20		increment revenues produced by the redevelopment project
21		area with respect to which the consultant or advisor has
22		performed, or will be performing, service for the
23		municipality. This requirement shall be satisfied by the
24		consultant or advisor before the commencement of services
25		for the municipality and thereafter whenever any other
26		contracts with those individuals or entities are executed

SB3733 Engrossed - 747 - LRB096 19592 AMC 34984 b
1		by the consultant or advisor;
2		(1.5) After July 1, 1999, annual administrative costs
3		shall not include general overhead or administrative costs
4		of the municipality that would still have been incurred by
5		the municipality if the municipality had not designated a
6		redevelopment project area or approved a redevelopment
7		plan;
8		(1.6) The cost of marketing sites within the
9		redevelopment project area to prospective businesses,
10		developers, and investors;
11		(2) Property assembly costs, including but not limited
12		to acquisition of land and other property, real or
13		personal, or rights or interests therein, demolition of
14		buildings, site preparation, site improvements that serve
15		as an engineered barrier addressing ground level or below
16		ground environmental contamination, including, but not
17		limited to parking lots and other concrete or asphalt
18		barriers, and the clearing and grading of land;
19		(3) Costs of rehabilitation, reconstruction or repair
20		or remodeling of existing public or private buildings,
21		fixtures, and leasehold improvements; and the cost of
22		replacing an existing public building if pursuant to the
23		implementation of a redevelopment project the existing
24		public building is to be demolished to use the site for
25		private investment or devoted to a different use requiring
26		private investment; including any direct or indirect costs

SB3733 Engrossed - 748 - LRB096 19592 AMC 34984 b
1		relating to Green Globes or LEED certified construction
2		elements or construction elements with an equivalent
3		certification;
4		(4) Costs of the construction of public works or
5		improvements, including any direct or indirect costs
6		relating to Green Globes or LEED certified construction
7		elements or construction elements with an equivalent
8		certification, except that on and after November 1, 1999,
9		redevelopment project costs shall not include the cost of
10		constructing a new municipal public building principally
11		used to provide offices, storage space, or conference
12		facilities or vehicle storage, maintenance, or repair for
13		administrative, public safety, or public works personnel
14		and that is not intended to replace an existing public
15		building as provided under paragraph (3) of subsection (q)
16		of Section 11-74.4-3 unless either (i) the construction of
17		the new municipal building implements a redevelopment
18		project that was included in a redevelopment plan that was
19		adopted by the municipality prior to November 1, 1999 or
20		(ii) the municipality makes a reasonable determination in
21		the redevelopment plan, supported by information that
22		provides the basis for that determination, that the new
23		municipal building is required to meet an increase in the
24		need for public safety purposes anticipated to result from
25		the implementation of the redevelopment plan;
26		(5) Costs of job training and retraining projects,

SB3733 Engrossed - 749 - LRB096 19592 AMC 34984 b
1		including the cost of "welfare to work" programs
2		implemented by businesses located within the redevelopment
3		project area;
4		(6) Financing costs, including but not limited to all
5		necessary and incidental expenses related to the issuance
6		of obligations and which may include payment of interest on
7		any obligations issued hereunder including interest
8		accruing during the estimated period of construction of any
9		redevelopment project for which such obligations are
10		issued and for not exceeding 36 months thereafter and
11		including reasonable reserves related thereto;
12		(7) To the extent the municipality by written agreement
13		accepts and approves the same, all or a portion of a taxing
14		district's capital costs resulting from the redevelopment
15		project necessarily incurred or to be incurred within a
16		taxing district in furtherance of the objectives of the
17		redevelopment plan and project.
18		(7.5) For redevelopment project areas designated (or
19		redevelopment project areas amended to add or increase the
20		number of tax-increment-financing assisted housing units)
21		on or after November 1, 1999, an elementary, secondary, or
22		unit school district's increased costs attributable to
23		assisted housing units located within the redevelopment
24		project area for which the developer or redeveloper
25		receives financial assistance through an agreement with
26		the municipality or because the municipality incurs the

SB3733 Engrossed - 750 - LRB096 19592 AMC 34984 b
1		cost of necessary infrastructure improvements within the
2		boundaries of the assisted housing sites necessary for the
3		completion of that housing as authorized by this Act, and
4		which costs shall be paid by the municipality from the
5		Special Tax Allocation Fund when the tax increment revenue
6		is received as a result of the assisted housing units and
7		shall be calculated annually as follows:
8		(A) for foundation districts, excluding any school
9		district in a municipality with a population in excess
10		of 1,000,000, by multiplying the district's increase
11		in attendance resulting from the net increase in new
12		students enrolled in that school district who reside in
13		housing units within the redevelopment project area
14		that have received financial assistance through an
15		agreement with the municipality or because the
16		municipality incurs the cost of necessary
17		infrastructure improvements within the boundaries of
18		the housing sites necessary for the completion of that
19		housing as authorized by this Act since the designation
20		of the redevelopment project area by the most recently
21		available per capita tuition cost as defined in Section
22		10-20.12a of the School Code less any increase in
23		general State aid as defined in Section 18-8.05 of the
24		School Code attributable to these added new students
25		subject to the following annual limitations:
26		(i) for unit school districts with a district

SB3733 Engrossed - 751 - LRB096 19592 AMC 34984 b
1		average 1995-96 Per Capita Tuition Charge of less
2		than $5,900, no more than 25% of the total amount
3		of property tax increment revenue produced by
4		those housing units that have received tax
5		increment finance assistance under this Act;
6		(ii) for elementary school districts with a
7		district average 1995-96 Per Capita Tuition Charge
8		of less than $5,900, no more than 17% of the total
9		amount of property tax increment revenue produced
10		by those housing units that have received tax
11		increment finance assistance under this Act; and
12		(iii) for secondary school districts with a
13		district average 1995-96 Per Capita Tuition Charge
14		of less than $5,900, no more than 8% of the total
15		amount of property tax increment revenue produced
16		by those housing units that have received tax
17		increment finance assistance under this Act.
18		(B) For alternate method districts, flat grant
19		districts, and foundation districts with a district
20		average 1995-96 Per Capita Tuition Charge equal to or
21		more than $5,900, excluding any school district with a
22		population in excess of 1,000,000, by multiplying the
23		district's increase in attendance resulting from the
24		net increase in new students enrolled in that school
25		district who reside in housing units within the
26		redevelopment project area that have received

SB3733 Engrossed - 752 - LRB096 19592 AMC 34984 b
1		financial assistance through an agreement with the
2		municipality or because the municipality incurs the
3		cost of necessary infrastructure improvements within
4		the boundaries of the housing sites necessary for the
5		completion of that housing as authorized by this Act
6		since the designation of the redevelopment project
7		area by the most recently available per capita tuition
8		cost as defined in Section 10-20.12a of the School Code
9		less any increase in general state aid as defined in
10		Section 18-8.05 of the School Code attributable to
11		these added new students subject to the following
12		annual limitations:
13		(i) for unit school districts, no more than 40%
14		of the total amount of property tax increment
15		revenue produced by those housing units that have
16		received tax increment finance assistance under
17		this Act;
18		(ii) for elementary school districts, no more
19		than 27% of the total amount of property tax
20		increment revenue produced by those housing units
21		that have received tax increment finance
22		assistance under this Act; and
23		(iii) for secondary school districts, no more
24		than 13% of the total amount of property tax
25		increment revenue produced by those housing units
26		that have received tax increment finance

SB3733 Engrossed - 753 - LRB096 19592 AMC 34984 b
1		assistance under this Act.
2		(C) For any school district in a municipality with
3		a population in excess of 1,000,000, the following
4		restrictions shall apply to the reimbursement of
5		increased costs under this paragraph (7.5):
6		(i) no increased costs shall be reimbursed
7		unless the school district certifies that each of
8		the schools affected by the assisted housing
9		project is at or over its student capacity;
10		(ii) the amount reimbursable shall be reduced
11		by the value of any land donated to the school
12		district by the municipality or developer, and by
13		the value of any physical improvements made to the
14		schools by the municipality or developer; and
15		(iii) the amount reimbursed may not affect
16		amounts otherwise obligated by the terms of any
17		bonds, notes, or other funding instruments, or the
18		terms of any redevelopment agreement.
19		Any school district seeking payment under this
20		paragraph (7.5) shall, after July 1 and before
21		September 30 of each year, provide the municipality
22		with reasonable evidence to support its claim for
23		reimbursement before the municipality shall be
24		required to approve or make the payment to the school
25		district. If the school district fails to provide the
26		information during this period in any year, it shall

SB3733 Engrossed - 754 - LRB096 19592 AMC 34984 b
1		forfeit any claim to reimbursement for that year.
2		School districts may adopt a resolution waiving the
3		right to all or a portion of the reimbursement
4		otherwise required by this paragraph (7.5). By
5		acceptance of this reimbursement the school district
6		waives the right to directly or indirectly set aside,
7		modify, or contest in any manner the establishment of
8		the redevelopment project area or projects;
9		(7.7) For redevelopment project areas designated (or
10		redevelopment project areas amended to add or increase the
11		number of tax-increment-financing assisted housing units)
12		on or after January 1, 2005 (the effective date of Public
13		Act 93-961), a public library district's increased costs
14		attributable to assisted housing units located within the
15		redevelopment project area for which the developer or
16		redeveloper receives financial assistance through an
17		agreement with the municipality or because the
18		municipality incurs the cost of necessary infrastructure
19		improvements within the boundaries of the assisted housing
20		sites necessary for the completion of that housing as
21		authorized by this Act shall be paid to the library
22		district by the municipality from the Special Tax
23		Allocation Fund when the tax increment revenue is received
24		as a result of the assisted housing units. This paragraph
25		(7.7) applies only if (i) the library district is located
26		in a county that is subject to the Property Tax Extension

SB3733 Engrossed - 755 - LRB096 19592 AMC 34984 b
1		Limitation Law or (ii) the library district is not located
2		in a county that is subject to the Property Tax Extension
3		Limitation Law but the district is prohibited by any other
4		law from increasing its tax levy rate without a prior voter
5		referendum.
6		The amount paid to a library district under this
7		paragraph (7.7) shall be calculated by multiplying (i) the
8		net increase in the number of persons eligible to obtain a
9		library card in that district who reside in housing units
10		within the redevelopment project area that have received
11		financial assistance through an agreement with the
12		municipality or because the municipality incurs the cost of
13		necessary infrastructure improvements within the
14		boundaries of the housing sites necessary for the
15		completion of that housing as authorized by this Act since
16		the designation of the redevelopment project area by (ii)
17		the per-patron cost of providing library services so long
18		as it does not exceed $120. The per-patron cost shall be
19		the Total Operating Expenditures Per Capita as stated in
20		the most recent Illinois Public Library Statistics
21		produced by the Library Research Center at the University
22		of Illinois. The municipality may deduct from the amount
23		that it must pay to a library district under this paragraph
24		any amount that it has voluntarily paid to the library
25		district from the tax increment revenue. The amount paid to
26		a library district under this paragraph (7.7) shall be no

SB3733 Engrossed - 756 - LRB096 19592 AMC 34984 b
1		more than 2% of the amount produced by the assisted housing
2		units and deposited into the Special Tax Allocation Fund.
3		A library district is not eligible for any payment
4		under this paragraph (7.7) unless the library district has
5		experienced an increase in the number of patrons from the
6		municipality that created the tax-increment-financing
7		district since the designation of the redevelopment
8		project area.
9		Any library district seeking payment under this
10		paragraph (7.7) shall, after July 1 and before September 30
11		of each year, provide the municipality with convincing
12		evidence to support its claim for reimbursement before the
13		municipality shall be required to approve or make the
14		payment to the library district. If the library district
15		fails to provide the information during this period in any
16		year, it shall forfeit any claim to reimbursement for that
17		year. Library districts may adopt a resolution waiving the
18		right to all or a portion of the reimbursement otherwise
19		required by this paragraph (7.7). By acceptance of such
20		reimbursement, the library district shall forfeit any
21		right to directly or indirectly set aside, modify, or
22		contest in any manner whatsoever the establishment of the
23		redevelopment project area or projects;
24		(8) Relocation costs to the extent that a municipality
25		determines that relocation costs shall be paid or is
26		required to make payment of relocation costs by federal or

SB3733 Engrossed - 757 - LRB096 19592 AMC 34984 b
1		State law or in order to satisfy subparagraph (7) of
2		subsection (n);
3		(9) Payment in lieu of taxes;
4		(10) Costs of job training, retraining, advanced
5		vocational education or career education, including but
6		not limited to courses in occupational, semi-technical or
7		technical fields leading directly to employment, incurred
8		by one or more taxing districts, provided that such costs
9		(i) are related to the establishment and maintenance of
10		additional job training, advanced vocational education or
11		career education programs for persons employed or to be
12		employed by employers located in a redevelopment project
13		area; and (ii) when incurred by a taxing district or taxing
14		districts other than the municipality, are set forth in a
15		written agreement by or among the municipality and the
16		taxing district or taxing districts, which agreement
17		describes the program to be undertaken, including but not
18		limited to the number of employees to be trained, a
19		description of the training and services to be provided,
20		the number and type of positions available or to be
21		available, itemized costs of the program and sources of
22		funds to pay for the same, and the term of the agreement.
23		Such costs include, specifically, the payment by community
24		college districts of costs pursuant to Sections 3-37, 3-38,
25		3-40 and 3-40.1 of the Public Community College Act and by
26		school districts of costs pursuant to Sections 10-22.20a

SB3733 Engrossed - 758 - LRB096 19592 AMC 34984 b
1		and 10-23.3a of The School Code;
2		(11) Interest cost incurred by a redeveloper related to
3		the construction, renovation or rehabilitation of a
4		redevelopment project provided that:
5		(A) such costs are to be paid directly from the
6		special tax allocation fund established pursuant to
7		this Act;
8		(B) such payments in any one year may not exceed
9		30% of the annual interest costs incurred by the
10		redeveloper with regard to the redevelopment project
11		during that year;
12		(C) if there are not sufficient funds available in
13		the special tax allocation fund to make the payment
14		pursuant to this paragraph (11) then the amounts so due
15		shall accrue and be payable when sufficient funds are
16		available in the special tax allocation fund;
17		(D) the total of such interest payments paid
18		pursuant to this Act may not exceed 30% of the total
19		(i) cost paid or incurred by the redeveloper for the
20		redevelopment project plus (ii) redevelopment project
21		costs excluding any property assembly costs and any
22		relocation costs incurred by a municipality pursuant
23		to this Act; and
24		(E) the cost limits set forth in subparagraphs (B)
25		and (D) of paragraph (11) shall be modified for the
26		financing of rehabilitated or new housing units for

SB3733 Engrossed - 759 - LRB096 19592 AMC 34984 b
1		low-income households and very low-income households,
2		as defined in Section 3 of the Illinois Affordable
3		Housing Act. The percentage of 75% shall be substituted
4		for 30% in subparagraphs (B) and (D) of paragraph (11).
5		(F) Instead of the eligible costs provided by
6		subparagraphs (B) and (D) of paragraph (11), as
7		modified by this subparagraph, and notwithstanding any
8		other provisions of this Act to the contrary, the
9		municipality may pay from tax increment revenues up to
10		50% of the cost of construction of new housing units to
11		be occupied by low-income households and very
12		low-income households as defined in Section 3 of the
13		Illinois Affordable Housing Act. The cost of
14		construction of those units may be derived from the
15		proceeds of bonds issued by the municipality under this
16		Act or other constitutional or statutory authority or
17		from other sources of municipal revenue that may be
18		reimbursed from tax increment revenues or the proceeds
19		of bonds issued to finance the construction of that
20		housing.
21		The eligible costs provided under this
22		subparagraph (F) of paragraph (11) shall be an eligible
23		cost for the construction, renovation, and
24		rehabilitation of all low and very low-income housing
25		units, as defined in Section 3 of the Illinois
26		Affordable Housing Act, within the redevelopment

SB3733 Engrossed - 760 - LRB096 19592 AMC 34984 b
1		project area. If the low and very low-income units are
2		part of a residential redevelopment project that
3		includes units not affordable to low and very
4		low-income households, only the low and very
5		low-income units shall be eligible for benefits under
6		subparagraph (F) of paragraph (11). The standards for
7		maintaining the occupancy by low-income households and
8		very low-income households, as defined in Section 3 of
9		the Illinois Affordable Housing Act, of those units
10		constructed with eligible costs made available under
11		the provisions of this subparagraph (F) of paragraph
12		(11) shall be established by guidelines adopted by the
13		municipality. The responsibility for annually
14		documenting the initial occupancy of the units by
15		low-income households and very low-income households,
16		as defined in Section 3 of the Illinois Affordable
17		Housing Act, shall be that of the then current owner of
18		the property. For ownership units, the guidelines will
19		provide, at a minimum, for a reasonable recapture of
20		funds, or other appropriate methods designed to
21		preserve the original affordability of the ownership
22		units. For rental units, the guidelines will provide,
23		at a minimum, for the affordability of rent to low and
24		very low-income households. As units become available,
25		they shall be rented to income-eligible tenants. The
26		municipality may modify these guidelines from time to

SB3733 Engrossed - 761 - LRB096 19592 AMC 34984 b
1		time; the guidelines, however, shall be in effect for
2		as long as tax increment revenue is being used to pay
3		for costs associated with the units or for the
4		retirement of bonds issued to finance the units or for
5		the life of the redevelopment project area, whichever
6		is later.
7		(11.5) If the redevelopment project area is located
8		within a municipality with a population of more than
9		100,000, the cost of day care services for children of
10		employees from low-income families working for businesses
11		located within the redevelopment project area and all or a
12		portion of the cost of operation of day care centers
13		established by redevelopment project area businesses to
14		serve employees from low-income families working in
15		businesses located in the redevelopment project area. For
16		the purposes of this paragraph, "low-income families"
17		means families whose annual income does not exceed 80% of
18		the municipal, county, or regional median income, adjusted
19		for family size, as the annual income and municipal,
20		county, or regional median income are determined from time
21		to time by the United States Department of Housing and
22		Urban Development.
23		(12) Unless explicitly stated herein the cost of
24		construction of new privately-owned buildings shall not be
25		an eligible redevelopment project cost.
26		(13) After November 1, 1999 (the effective date of

SB3733 Engrossed - 762 - LRB096 19592 AMC 34984 b
1		Public Act 91-478), none of the redevelopment project costs
2		enumerated in this subsection shall be eligible
3		redevelopment project costs if those costs would provide
4		direct financial support to a retail entity initiating
5		operations in the redevelopment project area while
6		terminating operations at another Illinois location within
7		10 miles of the redevelopment project area but outside the
8		boundaries of the redevelopment project area municipality.
9		For purposes of this paragraph, termination means a closing
10		of a retail operation that is directly related to the
11		opening of the same operation or like retail entity owned
12		or operated by more than 50% of the original ownership in a
13		redevelopment project area, but it does not mean closing an
14		operation for reasons beyond the control of the retail
15		entity, as documented by the retail entity, subject to a
16		reasonable finding by the municipality that the current
17		location contained inadequate space, had become
18		economically obsolete, or was no longer a viable location
19		for the retailer or serviceman.
20		(14) No cost shall be a redevelopment project cost in a
21		redevelopment project area if used to demolish, remove, or
22		substantially modify a historic resource, after August 26,
23		2008 (the effective date of Public Act 95-934), unless no
24		prudent and feasible alternative exists. "Historic
25		resource" for the purpose of this item (14) means (i) a
26		place or structure that is included or eligible for

SB3733 Engrossed - 763 - LRB096 19592 AMC 34984 b
1		inclusion on the National Register of Historic Places or
2		(ii) a contributing structure in a district on the National
3		Register of Historic Places. This item (14) does not apply
4		to a place or structure for which demolition, removal, or
5		modification is subject to review by the preservation
6		agency of a Certified Local Government designated as such
7		by the National Park Service of the United States
8		Department of the Interior.
9		If a special service area has been established pursuant to
10		the Special Service Area Tax Act or Special Service Area Tax
11		Law, then any tax increment revenues derived from the tax
12		imposed pursuant to the Special Service Area Tax Act or Special
13		Service Area Tax Law may be used within the redevelopment
14		project area for the purposes permitted by that Act or Law as
15		well as the purposes permitted by this Act.
16		(q-1) For redevelopment project areas created pursuant to
17		subsection (p-1), "redevelopment project costs" are limited to
18		those costs in paragraph (q) that are related to the existing
19		or proposed Regional Transportation Authority Suburban Transit
20		Access Route (STAR Line) station.
21		(r) "State Sales Tax Boundary" means the redevelopment
22		project area or the amended redevelopment project area
23		boundaries which are determined pursuant to subsection (9) of
24		Section 11-74.4-8a of this Act. The Department of Revenue shall
25		certify pursuant to subsection (9) of Section 11-74.4-8a the
26		appropriate boundaries eligible for the determination of State

SB3733 Engrossed - 764 - LRB096 19592 AMC 34984 b
1		Sales Tax Increment.
2		(s) "State Sales Tax Increment" means an amount equal to
3		the increase in the aggregate amount of taxes paid by retailers
4		and servicemen, other than retailers and servicemen subject to
5		the Public Utilities Act, on transactions at places of business
6		located within a State Sales Tax Boundary pursuant to the
7		Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
8		Tax Act, and the Service Occupation Tax Act, except such
9		portion of such increase that is paid into the State and Local
10		Sales Tax Reform Fund, the Local Government Distributive Fund,
11		the Local Government Tax Fund and the County and Mass Transit
12		District Fund, for as long as State participation exists, over
13		and above the Initial Sales Tax Amounts, Adjusted Initial Sales
14		Tax Amounts or the Revised Initial Sales Tax Amounts for such
15		taxes as certified by the Department of Revenue and paid under
16		those Acts by retailers and servicemen on transactions at
17		places of business located within the State Sales Tax Boundary
18		during the base year which shall be the calendar year
19		immediately prior to the year in which the municipality adopted
20		tax increment allocation financing, less 3.0% of such amounts
21		generated under the Retailers' Occupation Tax Act, Use Tax Act
22		and Service Use Tax Act and the Service Occupation Tax Act,
23		which sum shall be appropriated to the Department of Revenue to
24		cover its costs of administering and enforcing this Section.
25		For purposes of computing the aggregate amount of such taxes
26		for base years occurring prior to 1985, the Department of

SB3733 Engrossed - 765 - LRB096 19592 AMC 34984 b
1		Revenue shall compute the Initial Sales Tax Amount for such
2		taxes and deduct therefrom an amount equal to 4% of the
3		aggregate amount of taxes per year for each year the base year
4		is prior to 1985, but not to exceed a total deduction of 12%.
5		The amount so determined shall be known as the "Adjusted
6		Initial Sales Tax Amount". For purposes of determining the
7		State Sales Tax Increment the Department of Revenue shall for
8		each period subtract from the tax amounts received from
9		retailers and servicemen on transactions located in the State
10		Sales Tax Boundary, the certified Initial Sales Tax Amounts,
11		Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
12		Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
13		the Service Use Tax Act and the Service Occupation Tax Act. For
14		the State Fiscal Year 1989 this calculation shall be made by
15		utilizing the calendar year 1987 to determine the tax amounts
16		received. For the State Fiscal Year 1990, this calculation
17		shall be made by utilizing the period from January 1, 1988,
18		until September 30, 1988, to determine the tax amounts received
19		from retailers and servicemen, which shall have deducted
20		therefrom nine-twelfths of the certified Initial Sales Tax
21		Amounts, Adjusted Initial Sales Tax Amounts or the Revised
22		Initial Sales Tax Amounts as appropriate. For the State Fiscal
23		Year 1991, this calculation shall be made by utilizing the
24		period from October 1, 1988, until June 30, 1989, to determine
25		the tax amounts received from retailers and servicemen, which
26		shall have deducted therefrom nine-twelfths of the certified

SB3733 Engrossed - 766 - LRB096 19592 AMC 34984 b
1		Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
2		Amounts or the Revised Initial Sales Tax Amounts as
3		appropriate. For every State Fiscal Year thereafter, the
4		applicable period shall be the 12 months beginning July 1 and
5		ending on June 30, to determine the tax amounts received which
6		shall have deducted therefrom the certified Initial Sales Tax
7		Amounts, Adjusted Initial Sales Tax Amounts or the Revised
8		Initial Sales Tax Amounts. Municipalities intending to receive
9		a distribution of State Sales Tax Increment must report a list
10		of retailers to the Department of Revenue by October 31, 1988
11		and by July 31, of each year thereafter.
12		(t) "Taxing districts" means counties, townships, cities
13		and incorporated towns and villages, school, road, park,
14		sanitary, mosquito abatement, forest preserve, public health,
15		fire protection, river conservancy, tuberculosis sanitarium
16		and any other municipal corporations or districts with the
17		power to levy taxes.
18		(u) "Taxing districts' capital costs" means those costs of
19		taxing districts for capital improvements that are found by the
20		municipal corporate authorities to be necessary and directly
21		result from the redevelopment project.
22		(v) As used in subsection (a) of Section 11-74.4-3 of this
23		Act, "vacant land" means any parcel or combination of parcels
24		of real property without industrial, commercial, and
25		residential buildings which has not been used for commercial
26		agricultural purposes within 5 years prior to the designation

SB3733 Engrossed - 767 - LRB096 19592 AMC 34984 b
1		of the redevelopment project area, unless the parcel is
2		included in an industrial park conservation area or the parcel
3		has been subdivided; provided that if the parcel was part of a
4		larger tract that has been divided into 3 or more smaller
5		tracts that were accepted for recording during the period from
6		1950 to 1990, then the parcel shall be deemed to have been
7		subdivided, and all proceedings and actions of the municipality
8		taken in that connection with respect to any previously
9		approved or designated redevelopment project area or amended
10		redevelopment project area are hereby validated and hereby
11		declared to be legally sufficient for all purposes of this Act.
12		For purposes of this Section and only for land subject to the
13		subdivision requirements of the Plat Act, land is subdivided
14		when the original plat of the proposed Redevelopment Project
15		Area or relevant portion thereof has been properly certified,
16		acknowledged, approved, and recorded or filed in accordance
17		with the Plat Act and a preliminary plat, if any, for any
18		subsequent phases of the proposed Redevelopment Project Area or
19		relevant portion thereof has been properly approved and filed
20		in accordance with the applicable ordinance of the
21		municipality.
22		(w) "Annual Total Increment" means the sum of each
23		municipality's annual Net Sales Tax Increment and each
24		municipality's annual Net Utility Tax Increment. The ratio of
25		the Annual Total Increment of each municipality to the Annual
26		Total Increment for all municipalities, as most recently

SB3733 Engrossed - 768 - LRB096 19592 AMC 34984 b
1		calculated by the Department, shall determine the proportional
2		shares of the Illinois Tax Increment Fund to be distributed to
3		each municipality.
4		(x) "LEED certified" means any certification level of
5		construction elements by a qualified Leadership in Energy and
6		Environmental Design Accredited Professional as determined by
7		the U.S. Green Building Council.
8		(y) "Green Globes certified" means any certification level
9		of construction elements by a qualified Green Globes
10		Professional as determined by the Green Building Initiative.
11		(Source: P.A. 95-15, eff. 7-16-07; 95-164, eff. 1-1-08; 95-331,
12		eff. 8-21-07; 95-346, eff. 8-21-07; 95-459, eff. 8-27-07;
13		95-653, eff. 1-1-08; 95-662, eff. 10-11-07; 95-683, eff.
14		10-19-07; 95-709, eff. 1-29-08; 95-876, eff. 8-21-08; 95-932,
15		eff. 8-26-08; 95-934, eff. 8-26-08; 95-964, eff. 9-23-08;
16		95-977, eff. 9-22-08; 95-1028, eff. 8-25-09 (see Section 5 of
17		P.A. 96-717 for the effective date of changes made by P.A.
18		95-1028); 96-328, eff. 8-11-09; 96-630, eff. 1-1-10; 96-680,
19		eff. 8-25-09; revised 10-6-09.)
20		(65 ILCS 5/11-74.4-3.5)
21		Sec. 11-74.4-3.5. Completion dates for redevelopment
22		projects.
23		(a) Unless otherwise stated in this Section, the estimated
24		dates of completion of the redevelopment project and retirement
25		of obligations issued to finance redevelopment project costs

SB3733 Engrossed - 769 - LRB096 19592 AMC 34984 b
1		(including refunding bonds under Section 11-74.4-7) may not be
2		later than December 31 of the year in which the payment to the
3		municipal treasurer, as provided in subsection (b) of Section
4		11-74.4-8 of this Act, is to be made with respect to ad valorem
5		taxes levied in the 23rd calendar year after the year in which
6		the ordinance approving the redevelopment project area was
7		adopted if the ordinance was adopted on or after January 15,
8		1981.
9		(b) The estimated dates of completion of the redevelopment
10		project and retirement of obligations issued to finance
11		redevelopment project costs (including refunding bonds under
12		Section 11-74.4-7) may not be later than December 31 of the
13		year in which the payment to the municipal treasurer as
14		provided in subsection (b) of Section 11-74.4-8 of this Act is
15		to be made with respect to ad valorem taxes levied in the 32nd
16		calendar year after the year in which the ordinance approving
17		the redevelopment project area was adopted, if the ordinance
18		was adopted on September 9, 1999 by the Village of Downs.
19		The estimated dates of completion of the redevelopment
20		project and retirement of obligations issued to finance
21		redevelopment project costs (including refunding bonds under
22		Section 11-74.4-7) may not be later than December 31 of the
23		year in which the payment to the municipal treasurer as
24		provided in subsection (b) of Section 11-74.4-8 of this Act is
25		to be made with respect to ad valorem taxes levied in the 33rd
26		calendar year after the year in which the ordinance approving

SB3733 Engrossed - 770 - LRB096 19592 AMC 34984 b
1		the redevelopment project area was adopted, if the ordinance
2		was adopted on May 20, 1985 by the Village of Wheeling.
3		(c) The estimated dates of completion of the redevelopment
4		project and retirement of obligations issued to finance
5		redevelopment project costs (including refunding bonds under
6		Section 11-74.4-7) may not be later than December 31 of the
7		year in which the payment to the municipal treasurer as
8		provided in subsection (b) of Section 11-74.4-8 of this Act is
9		to be made with respect to ad valorem taxes levied in the 35th
10		calendar year after the year in which the ordinance approving
11		the redevelopment project area was adopted:
12		(1) if the ordinance was adopted before January 15,
13		1981;
14		(2) if the ordinance was adopted in December 1983,
15		April 1984, July 1985, or December 1989;
16		(3) if the ordinance was adopted in December 1987 and
17		the redevelopment project is located within one mile of
18		Midway Airport;
19		(4) if the ordinance was adopted before January 1, 1987
20		by a municipality in Mason County;
21		(5) if the municipality is subject to the Local
22		Government Financial Planning and Supervision Act or the
23		Financially Distressed City Law;
24		(6) if the ordinance was adopted in December 1984 by
25		the Village of Rosemont;
26		(7) if the ordinance was adopted on December 31, 1986

SB3733 Engrossed - 771 - LRB096 19592 AMC 34984 b
1		by a municipality located in Clinton County for which at
2		least $250,000 of tax increment bonds were authorized on
3		June 17, 1997, or if the ordinance was adopted on December
4		31, 1986 by a municipality with a population in 1990 of
5		less than 3,600 that is located in a county with a
6		population in 1990 of less than 34,000 and for which at
7		least $250,000 of tax increment bonds were authorized on
8		June 17, 1997;
9		(8) if the ordinance was adopted on October 5, 1982 by
10		the City of Kankakee, or if the ordinance was adopted on
11		December 29, 1986 by East St. Louis;
12		(9) if the ordinance was adopted on November 12, 1991
13		by the Village of Sauget;
14		(10) if the ordinance was adopted on February 11, 1985
15		by the City of Rock Island;
16		(11) if the ordinance was adopted before December 18,
17		1986 by the City of Moline;
18		(12) if the ordinance was adopted in September 1988 by
19		Sauk Village;
20		(13) if the ordinance was adopted in October 1993 by
21		Sauk Village;
22		(14) if the ordinance was adopted on December 29, 1986
23		by the City of Galva;
24		(15) if the ordinance was adopted in March 1991 by the
25		City of Centreville;
26		(16) if the ordinance was adopted on January 23, 1991

SB3733 Engrossed - 772 - LRB096 19592 AMC 34984 b
1		by the City of East St. Louis;
2		(17) if the ordinance was adopted on December 22, 1986
3		by the City of Aledo;
4		(18) if the ordinance was adopted on February 5, 1990
5		by the City of Clinton;
6		(19) if the ordinance was adopted on September 6, 1994
7		by the City of Freeport;
8		(20) if the ordinance was adopted on December 22, 1986
9		by the City of Tuscola;
10		(21) if the ordinance was adopted on December 23, 1986
11		by the City of Sparta;
12		(22) if the ordinance was adopted on December 23, 1986
13		by the City of Beardstown;
14		(23) if the ordinance was adopted on April 27, 1981,
15		October 21, 1985, or December 30, 1986 by the City of
16		Belleville;
17		(24) if the ordinance was adopted on December 29, 1986
18		by the City of Collinsville;
19		(25) if the ordinance was adopted on September 14, 1994
20		by the City of Alton;
21		(26) if the ordinance was adopted on November 11, 1996
22		by the City of Lexington;
23		(27) if the ordinance was adopted on November 5, 1984
24		by the City of LeRoy;
25		(28) if the ordinance was adopted on April 3, 1991 or
26		June 3, 1992 by the City of Markham;

SB3733 Engrossed - 773 - LRB096 19592 AMC 34984 b
1		(29) if the ordinance was adopted on November 11, 1986
2		by the City of Pekin;
3		(30) if the ordinance was adopted on December 15, 1981
4		by the City of Champaign;
5		(31) if the ordinance was adopted on December 15, 1986
6		by the City of Urbana;
7		(32) if the ordinance was adopted on December 15, 1986
8		by the Village of Heyworth;
9		(33) if the ordinance was adopted on February 24, 1992
10		by the Village of Heyworth;
11		(34) if the ordinance was adopted on March 16, 1995 by
12		the Village of Heyworth;
13		(35) if the ordinance was adopted on December 23, 1986
14		by the Town of Cicero;
15		(36) if the ordinance was adopted on December 30, 1986
16		by the City of Effingham;
17		(37) if the ordinance was adopted on May 9, 1991 by the
18		Village of Tilton;
19		(38) if the ordinance was adopted on October 20, 1986
20		by the City of Elmhurst;
21		(39) if the ordinance was adopted on January 19, 1988
22		by the City of Waukegan;
23		(40) if the ordinance was adopted on September 21, 1998
24		by the City of Waukegan;
25		(41) if the ordinance was adopted on December 31, 1986
26		by the City of Sullivan;

SB3733 Engrossed - 774 - LRB096 19592 AMC 34984 b
1		(42) if the ordinance was adopted on December 23, 1991
2		by the City of Sullivan;
3		(43) if the ordinance was adopted on December 31, 1986
4		by the City of Oglesby;
5		(44) if the ordinance was adopted on July 28, 1987 by
6		the City of Marion;
7		(45) if the ordinance was adopted on April 23, 1990 by
8		the City of Marion;
9		(46) if the ordinance was adopted on August 20, 1985 by
10		the Village of Mount Prospect;
11		(47) if the ordinance was adopted on February 2, 1998
12		by the Village of Woodhull;
13		(48) if the ordinance was adopted on April 20, 1993 by
14		the Village of Princeville;
15		(49) if the ordinance was adopted on July 1, 1986 by
16		the City of Granite City;
17		(50) if the ordinance was adopted on February 2, 1989
18		by the Village of Lombard;
19		(51) if the ordinance was adopted on December 29, 1986
20		by the Village of Gardner;
21		(52) if the ordinance was adopted on July 14, 1999 by
22		the Village of Paw Paw;
23		(53) if the ordinance was adopted on November 17, 1986
24		by the Village of Franklin Park;
25		(54) if the ordinance was adopted on November 20, 1989
26		by the Village of South Holland;

SB3733 Engrossed - 775 - LRB096 19592 AMC 34984 b
1		(55) if the ordinance was adopted on July 14, 1992 by
2		the Village of Riverdale;
3		(56) if the ordinance was adopted on December 29, 1986
4		by the City of Galesburg;
5		(57) if the ordinance was adopted on April 1, 1985 by
6		the City of Galesburg;
7		(58) if the ordinance was adopted on May 21, 1990 by
8		the City of West Chicago;
9		(59) if the ordinance was adopted on December 16, 1986
10		by the City of Oak Forest;
11		(60) if the ordinance was adopted in 1999 by the City
12		of Villa Grove;
13		(61) if the ordinance was adopted on January 13, 1987
14		by the Village of Mt. Zion;
15		(62) if the ordinance was adopted on December 30, 1986
16		by the Village of Manteno;
17		(63) if the ordinance was adopted on April 3, 1989 by
18		the City of Chicago Heights;
19		(64) if the ordinance was adopted on January 6, 1999 by
20		the Village of Rosemont;
21		(65) if the ordinance was adopted on December 19, 2000
22		by the Village of Stone Park;
23		(66) if the ordinance was adopted on December 22, 1986
24		by the City of DeKalb;
25		(67) if the ordinance was adopted on December 2, 1986
26		by the City of Aurora;

SB3733 Engrossed - 776 - LRB096 19592 AMC 34984 b
1		(68) if the ordinance was adopted on December 31, 1986
2		by the Village of Milan;
3		(69) if the ordinance was adopted on September 8, 1994
4		by the City of West Frankfort;
5		(70) if the ordinance was adopted on December 23, 1986
6		by the Village of Libertyville;
7		(71) if the ordinance was adopted on December 22, 1986
8		by the Village of Hoffman Estates;
9		(72) if the ordinance was adopted on September 17, 1986
10		by the Village of Sherman;
11		(73) if the ordinance was adopted on December 16, 1986
12		by the City of Macomb;
13		(74) if the ordinance was adopted on June 11, 2002 by
14		the City of East Peoria to create the West Washington
15		Street TIF;
16		(75) if the ordinance was adopted on June 11, 2002 by
17		the City of East Peoria to create the Camp Street TIF;
18		(76) if the ordinance was adopted on August 7, 2000 by
19		the City of Des Plaines;
20		(77) if the ordinance was adopted on December 22, 1986
21		by the City of Washington to create the Washington Square
22		TIF #2;
23		(78) if the ordinance was adopted on December 29, 1986
24		by the City of Morris;
25		(79) if the ordinance was adopted on July 6, 1998 by
26		the Village of Steeleville;

SB3733 Engrossed - 777 - LRB096 19592 AMC 34984 b
1		(80) if the ordinance was adopted on December 29, 1986
2		by the City of Pontiac to create TIF I (the Main St TIF);
3		(81) if the ordinance was adopted on December 29, 1986
4		by the City of Pontiac to create TIF II (the Interstate
5		TIF);
6		(82) if the ordinance was adopted on November 6, 2002
7		by the City of Chicago to create the Madden/Wells TIF
8		District;
9		(83) if the ordinance was adopted on November 4, 1998
10		by the City of Chicago to create the Roosevelt/Racine TIF
11		District;
12		(84) if the ordinance was adopted on June 10, 1998 by
13		the City of Chicago to create the Stony Island
14		Commercial/Burnside Industrial Corridors TIF District;
15		(85) if the ordinance was adopted on November 29, 1989
16		by the City of Chicago to create the Englewood Mall TIF
17		District; or
18		(86) if the ordinance was adopted on December 27, 1986
19		by the City of Mendota;
20		(87) if the ordinance was adopted on December 31, 1986
21		by the Village of Cahokia; or
22		(88) if the ordinance was adopted on September 20, 1999
23		by the City of Belleville; or .
24		(89) (86) if the ordinance was adopted on December 30,
25		1986 by the Village of Bellevue to create the Bellevue TIF
26		District 1.

SB3733 Engrossed - 778 - LRB096 19592 AMC 34984 b
1		(d) For redevelopment project areas for which bonds were
2		issued before July 29, 1991, or for which contracts were
3		entered into before June 1, 1988, in connection with a
4		redevelopment project in the area within the State Sales Tax
5		Boundary, the estimated dates of completion of the
6		redevelopment project and retirement of obligations to finance
7		redevelopment project costs (including refunding bonds under
8		Section 11-74.4-7) may be extended by municipal ordinance to
9		December 31, 2013. The termination procedures of subsection (b)
10		of Section 11-74.4-8 are not required for these redevelopment
11		project areas in 2009 but are required in 2013. The extension
12		allowed by Public Act 87-1272 shall not apply to real property
13		tax increment allocation financing under Section 11-74.4-8.
14		(e) Those dates, for purposes of real property tax
15		increment allocation financing pursuant to Section 11-74.4-8
16		only, shall be not more than 35 years for redevelopment project
17		areas that were adopted on or after December 16, 1986 and for
18		which at least $8 million worth of municipal bonds were
19		authorized on or after December 19, 1989 but before January 1,
20		1990; provided that the municipality elects to extend the life
21		of the redevelopment project area to 35 years by the adoption
22		of an ordinance after at least 14 but not more than 30 days'
23		written notice to the taxing bodies, that would otherwise
24		constitute the joint review board for the redevelopment project
25		area, before the adoption of the ordinance.
26		(f) Those dates, for purposes of real property tax

SB3733 Engrossed - 779 - LRB096 19592 AMC 34984 b
1		increment allocation financing pursuant to Section 11-74.4-8
2		only, shall be not more than 35 years for redevelopment project
3		areas that were established on or after December 1, 1981 but
4		before January 1, 1982 and for which at least $1,500,000 worth
5		of tax increment revenue bonds were authorized on or after
6		September 30, 1990 but before July 1, 1991; provided that the
7		municipality elects to extend the life of the redevelopment
8		project area to 35 years by the adoption of an ordinance after
9		at least 14 but not more than 30 days' written notice to the
10		taxing bodies, that would otherwise constitute the joint review
11		board for the redevelopment project area, before the adoption
12		of the ordinance.
13		(g) In consolidating the material relating to completion
14		dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
15		it is not the intent of the General Assembly to make any
16		substantive change in the law, except for the extension of the
17		completion dates for the City of Aurora, the Village of Milan,
18		the City of West Frankfort, the Village of Libertyville, and
19		the Village of Hoffman Estates set forth under items (67),
20		(68), (69), (70), and (71) of subsection (c) of this Section.
21		(Source: P.A. 95-932, eff. 8-26-08; 95-964, eff. 9-23-08;
22		incorporates P.A. 95-777, eff. 9-22-08, and 95-1028, eff.
23		8-25-09 (see Section 5 of P.A. 96-717 for the effective date of
24		changes made by P.A. 95-1028); 96-127, eff. 8-4-09; 96-182,
25		eff. 8-10-09; 96-208, eff. 8-10-09; 96-209, eff. 1-1-10;
26		96-213, eff. 8-10-09; 96-264, eff. 8-11-09; 96-328, eff.

SB3733 Engrossed - 780 - LRB096 19592 AMC 34984 b
1		8-11-09; 96-439, eff. 8-14-09; 96-454, eff. 8-14-09; 96-722,
2		eff. 8-25-09; 96-773, eff. 8-28-09; 96-830, eff. 12-4-09;
3		96-837, eff. 12-16-09; revised 12-21-09.)
4		(65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
5		Sec. 11-74.4-7. Obligations secured by the special tax
6		allocation fund set forth in Section 11-74.4-8 for the
7		redevelopment project area may be issued to provide for
8		redevelopment project costs. Such obligations, when so issued,
9		shall be retired in the manner provided in the ordinance
10		authorizing the issuance of such obligations by the receipts of
11		taxes levied as specified in Section 11-74.4-9 against the
12		taxable property included in the area, by revenues as specified
13		by Section 11-74.4-8a and other revenue designated by the
14		municipality. A municipality may in the ordinance pledge all or
15		any part of the funds in and to be deposited in the special tax
16		allocation fund created pursuant to Section 11-74.4-8 to the
17		payment of the redevelopment project costs and obligations. Any
18		pledge of funds in the special tax allocation fund shall
19		provide for distribution to the taxing districts and to the
20		Illinois Department of Revenue of moneys not required, pledged,
21		earmarked, or otherwise designated for payment and securing of
22		the obligations and anticipated redevelopment project costs
23		and such excess funds shall be calculated annually and deemed
24		to be "surplus" funds. In the event a municipality only applies
25		or pledges a portion of the funds in the special tax allocation

SB3733 Engrossed - 781 - LRB096 19592 AMC 34984 b
1		fund for the payment or securing of anticipated redevelopment
2		project costs or of obligations, any such funds remaining in
3		the special tax allocation fund after complying with the
4		requirements of the application or pledge, shall also be
5		calculated annually and deemed "surplus" funds. All surplus
6		funds in the special tax allocation fund shall be distributed
7		annually within 180 days after the close of the municipality's
8		fiscal year by being paid by the municipal treasurer to the
9		County Collector, to the Department of Revenue and to the
10		municipality in direct proportion to the tax incremental
11		revenue received as a result of an increase in the equalized
12		assessed value of property in the redevelopment project area,
13		tax incremental revenue received from the State and tax
14		incremental revenue received from the municipality, but not to
15		exceed as to each such source the total incremental revenue
16		received from that source. The County Collector shall
17		thereafter make distribution to the respective taxing
18		districts in the same manner and proportion as the most recent
19		distribution by the county collector to the affected districts
20		of real property taxes from real property in the redevelopment
21		project area.
22		Without limiting the foregoing in this Section, the
23		municipality may in addition to obligations secured by the
24		special tax allocation fund pledge for a period not greater
25		than the term of the obligations towards payment of such
26		obligations any part or any combination of the following: (a)

SB3733 Engrossed - 782 - LRB096 19592 AMC 34984 b
1		net revenues of all or part of any redevelopment project; (b)
2		taxes levied and collected on any or all property in the
3		municipality; (c) the full faith and credit of the
4		municipality; (d) a mortgage on part or all of the
5		redevelopment project; or (e) any other taxes or anticipated
6		receipts that the municipality may lawfully pledge.
7		Such obligations may be issued in one or more series
8		bearing interest at such rate or rates as the corporate
9		authorities of the municipality shall determine by ordinance.
10		Such obligations shall bear such date or dates, mature at such
11		time or times not exceeding 20 years from their respective
12		dates, be in such denomination, carry such registration
13		privileges, be executed in such manner, be payable in such
14		medium of payment at such place or places, contain such
15		covenants, terms and conditions, and be subject to redemption
16		as such ordinance shall provide. Obligations issued pursuant to
17		this Act may be sold at public or private sale at such price as
18		shall be determined by the corporate authorities of the
19		municipalities. No referendum approval of the electors shall be
20		required as a condition to the issuance of obligations pursuant
21		to this Division except as provided in this Section.
22		In the event the municipality authorizes issuance of
23		obligations pursuant to the authority of this Division secured
24		by the full faith and credit of the municipality, which
25		obligations are other than obligations which may be issued
26		under home rule powers provided by Article VII, Section 6 of

SB3733 Engrossed - 783 - LRB096 19592 AMC 34984 b
1		the Illinois Constitution, or pledges taxes pursuant to (b) or
2		(c) of the second paragraph of this section, the ordinance
3		authorizing the issuance of such obligations or pledging such
4		taxes shall be published within 10 days after such ordinance
5		has been passed in one or more newspapers, with general
6		circulation within such municipality. The publication of the
7		ordinance shall be accompanied by a notice of (1) the specific
8		number of voters required to sign a petition requesting the
9		question of the issuance of such obligations or pledging taxes
10		to be submitted to the electors; (2) the time in which such
11		petition must be filed; and (3) the date of the prospective
12		referendum. The municipal clerk shall provide a petition form
13		to any individual requesting one.
14		If no petition is filed with the municipal clerk, as
15		hereinafter provided in this Section, within 30 days after the
16		publication of the ordinance, the ordinance shall be in effect.
17		But, if within that 30 day period a petition is filed with the
18		municipal clerk, signed by electors in the municipality
19		numbering 10% or more of the number of registered voters in the
20		municipality, asking that the question of issuing obligations
21		using full faith and credit of the municipality as security for
22		the cost of paying for redevelopment project costs, or of
23		pledging taxes for the payment of such obligations, or both, be
24		submitted to the electors of the municipality, the corporate
25		authorities of the municipality shall call a special election
26		in the manner provided by law to vote upon that question, or,

SB3733 Engrossed - 784 - LRB096 19592 AMC 34984 b
1		if a general, State or municipal election is to be held within
2		a period of not less than 30 or more than 90 days from the date
3		such petition is filed, shall submit the question at the next
4		general, State or municipal election. If it appears upon the
5		canvass of the election by the corporate authorities that a
6		majority of electors voting upon the question voted in favor
7		thereof, the ordinance shall be in effect, but if a majority of
8		the electors voting upon the question are not in favor thereof,
9		the ordinance shall not take effect.
10		The ordinance authorizing the obligations may provide that
11		the obligations shall contain a recital that they are issued
12		pursuant to this Division, which recital shall be conclusive
13		evidence of their validity and of the regularity of their
14		issuance.
15		In the event the municipality authorizes issuance of
16		obligations pursuant to this Section secured by the full faith
17		and credit of the municipality, the ordinance authorizing the
18		obligations may provide for the levy and collection of a direct
19		annual tax upon all taxable property within the municipality
20		sufficient to pay the principal thereof and interest thereon as
21		it matures, which levy may be in addition to and exclusive of
22		the maximum of all other taxes authorized to be levied by the
23		municipality, which levy, however, shall be abated to the
24		extent that monies from other sources are available for payment
25		of the obligations and the municipality certifies the amount of
26		said monies available to the county clerk.

SB3733 Engrossed - 785 - LRB096 19592 AMC 34984 b
1		A certified copy of such ordinance shall be filed with the
2		county clerk of each county in which any portion of the
3		municipality is situated, and shall constitute the authority
4		for the extension and collection of the taxes to be deposited
5		in the special tax allocation fund.
6		A municipality may also issue its obligations to refund in
7		whole or in part, obligations theretofore issued by such
8		municipality under the authority of this Act, whether at or
9		prior to maturity, provided however, that the last maturity of
10		the refunding obligations may not be later than the dates set
11		forth under Section 11-74.4-3.5. , or (NNN) if the ordinance
12		was adopted on December 22, 1986 by the Village of Hoffman
13		Estates
14		In the event a municipality issues obligations under home
15		rule powers or other legislative authority the proceeds of
16		which are pledged to pay for redevelopment project costs, the
17		municipality may, if it has followed the procedures in
18		conformance with this division, retire said obligations from
19		funds in the special tax allocation fund in amounts and in such
20		manner as if such obligations had been issued pursuant to the
21		provisions of this division.
22		All obligations heretofore or hereafter issued pursuant to
23		this Act shall not be regarded as indebtedness of the
24		municipality issuing such obligations or any other taxing
25		district for the purpose of any limitation imposed by law.
26		(Source: P.A. 95-15, eff. 7-16-07; 95-164, eff. 1-1-08; 95-331,

SB3733 Engrossed - 786 - LRB096 19592 AMC 34984 b
1		eff. 8-21-07; 95-346, eff. 8-21-07; 95-459, eff. 8-27-07;
2		95-653, eff. 1-1-08; 95-662, eff. 10-11-07; 95-683, eff.
3		10-19-07; 95-709, eff. 1-29-08; 95-876, eff. 8-21-08; 95-932,
4		eff. 8-26-08; 95-964, eff. 9-23-08; 95-977, eff. 9-22-08;
5		95-1028, eff. 8-25-09 (see Section 5 of P.A. 96-717 for the
6		effective date of changes made by P.A. 95-1028); 96-328, eff.
7		8-11-09; revised 9-25-09.)
8		Section 250. The Fire Protection District Act is amended by
9		changing Section 6 as follows:
10		(70 ILCS 705/6) (from Ch. 127 1/2, par. 26)
11		Sec. 6. Board of trustees; powers.
12		(a) The trustees shall constitute a board of trustees for
13		the district for which they are appointed, which board of
14		trustees is declared to be the corporate authority of the fire
15		protection district, and shall exercise all of the powers and
16		control all the affairs and property of such district.
17		The board of trustees at their initial meeting and at their
18		first meeting following the commencement of the term of any
19		trustee shall elect one of their number as president and one of
20		their number as secretary and shall elect a treasurer for the
21		district, who may be one of the trustees or may be any other
22		citizen of the district and who shall hold office during the
23		pleasure of the board and who shall give such bond as may be
24		required by the board.

SB3733 Engrossed - 787 - LRB096 19592 AMC 34984 b
1		(b) Except as otherwise provided in Sections 16.01 through
2		16.18, the board may appoint and enter into a multi-year
3		contract not exceeding 3 years with a fire chief and may
4		appoint any firemen that may be necessary for the district, who
5		shall hold office during the pleasure of the board and who
6		shall give any bond that the board may require. The board may
7		prescribe the duties and fix the compensation of all the
8		officers and employees of the fire protection district.
9		(c) A member of the board of trustees of a fire protection
10		district may be compensated as follows: in a district having
11		fewer than 4 full time paid firemen, a sum not to exceed $1,000
12		per annum; in a district having more than 3 but less than 10
13		full time paid firemen, a sum not to exceed $1,500 per annum;
14		in a district having either 10 or more full time paid firemen,
15		a sum not to exceed $2,000 per annum. In addition, fire
16		districts that operate an ambulance service pursuant to
17		authorization by referendum, as provided in Section 22, may pay
18		trustees an additional annual compensation not to exceed 50% of
19		the amount otherwise authorized herein. The additional
20		compensation shall be an administrative expense of the
21		ambulance service and shall be paid from revenues raised by the
22		ambulance tax levy. In addition, any trustee of a fire
23		protection district who completes a training program on fire
24		protection district administration approved by the Office of
25		the State Fire Marshal may receive additional compensation
26		above the compensation otherwise provided in this Section. The

SB3733 Engrossed - 788 - LRB096 19592 AMC 34984 b
1		additional compensation shall be equal to 50% of such other
2		compensation. In order to continue to receive the additional
3		compensation, the trustee must attend annual training approved
4		by the Office of the State Fire Marshal Marshall on a
5		continuing basis thereafter.
6		(d) The trustees also have the express power to execute a
7		note or notes and to execute a mortgage or trust deed to secure
8		the payment of such note or notes; such trust deed or mortgage
9		shall cover real estate, or some part thereof, or personal
10		property owned by the district and the lien of the mortgage
11		shall apply to the real estate or personal property so
12		mortgaged by the district, and the proceeds of the note or
13		notes may be used in the acquisition of personal property or of
14		real estate or in the erection of improvements on such real
15		estate.
16		The trustees have express power to purchase either real
17		estate or personal property to be used for the purposes of the
18		fire protection district through contracts which provide for
19		the consideration for such purchase to be paid through
20		installments to be made at stated intervals during a certain
21		period of time, but, in no case, shall such contracts provide
22		for the consideration to be paid during a period of time in
23		excess of 25 years.
24		(e) The trustees have express power to provide for the
25		benefit of its employees, volunteer firemen and paid firemen,
26		group life, health, accident, hospital and medical insurance,

SB3733 Engrossed - 789 - LRB096 19592 AMC 34984 b
1		or any combination thereof; and to pay for all or any portion
2		of the premiums on such insurance. Such insurance may include
3		provisions for employees who rely on treatment by spiritual
4		means alone through prayer for healing in accord with the
5		tenets and practice of a well recognized religious
6		denomination.
7		(f) To encourage continued service with the district, the
8		board of trustees has the express power to award monetary
9		incentives, not to exceed $240 per year, to volunteer
10		firefighters of the district based on the length of service. To
11		be eligible for the incentives, the volunteer firefighters must
12		have at least 5 years of service with the district. The amount
13		of the incentives may not be greater than 2% of the annual levy
14		amount when all incentive awards are combined.
15		(g) The board of trustees has express power to change the
16		corporate name of the fire protection district by ordinance,
17		provided that notification of any change is given to the
18		circuit clerk and the Office of the State Fire Marshal.
19		(h) The board of trustees may impose reasonable civil
20		penalties on individuals who repeatedly cause false fire
21		alarms.
22		(i) The board of trustees has full power to pass all
23		necessary ordinances, and rules and regulations for the proper
24		management and conduct of the business of the board of trustees
25		of the fire protection district for carrying into effect the
26		objects for which the district was formed.

SB3733 Engrossed - 790 - LRB096 19592 AMC 34984 b
1		(Source: P.A. 95-331, eff. 8-21-07; 95-799, eff. 1-1-09;
2		revised 11-3-09.)
3		Section 255. The Chicago Park District Act is amended by
4		changing Section 26.10-4 as follows:
5		(70 ILCS 1505/26.10-4)
6		Sec. 26.10-4. Definitions. The following terms, whenever
7		used or referred to in this Act, have the following meaning
8		unless the context requires a different meaning:
9		"Delivery system" means the design and construction
10		approach used to develop and construct a project.
11		"Design-bid-build" means the traditional delivery system
12		used on public projects that incorporates the Local Government
13		Professional Services Selection Act (50 ILCS 510/) and the
14		principles of competitive selection.
15		"Design-build" means a delivery system that provides
16		responsibility within a single contract for the furnishing of
17		architecture, engineering, land surveying and related services
18		as required, and the labor, materials, equipment, and other
19		construction services for the project.
20		"Design-build contract" means a contract for a public
21		project under this Act between the Chicago Park District and a
22		design-build entity to furnish architecture, engineering, land
23		surveying, landscape architecture, and related services as
24		required, and to furnish the labor, materials, equipment, and

SB3733 Engrossed - 791 - LRB096 19592 AMC 34984 b
1		other construction services for the project. The design-build
2		contract may be conditioned upon subsequent refinements in
3		scope and price and may allow the Chicago Park District to make
4		modifications in the project scope without invalidating the
5		design-build contract.
6		"Design-build entity" means any individual, sole
7		proprietorship, firm, partnership, joint venture, corporation,
8		professional corporation, or other entity that proposes to
9		design and construct any public project under this Act. A
10		design-build entity and associated design-build professionals
11		shall conduct themselves in accordance with the laws of this
12		State and the related provisions of the Illinois Administrative
13		Code, as referenced by the licensed design professionals Acts
14		of this State.
15		"Design professional" means any individual, sole
16		proprietorship, firm, partnership, joint venture, corporation,
17		professional corporation, or other entity that offers services
18		under the Illinois Architecture Practice Act of 1989 (225 ILCS
19		305/), the Professional Engineering Practice Act of 1989 (225
20		ILCS 325/), the Structural Engineering Practice Licensing Act
21		of 1989 (225 ILCS 340/), or the Illinois Professional Land
22		Surveyor Act of 1989 (225 ILCS 330/).
23		"Landscape architect design professional" means any
24		person, sole proprietorship, or entity such as a partnership,
25		professional service corporation, or corporation that offers
26		services under the Illinois Landscape Architecture Act of 1989.

SB3733 Engrossed - 792 - LRB096 19592 AMC 34984 b
1		"Evaluation criteria" means the requirements for the
2		separate phases of the selection process for design-build
3		proposals as defined in this Act and may include the
4		specialized experience, technical qualifications and
5		competence, capacity to perform, past performance, experience
6		with similar projects, assignment of personnel to the project,
7		and other appropriate factors. Price may not be used as a
8		factor in the evaluation of Phase I proposals.
9		"Proposal" means the offer to enter into a design-build
10		contract as submitted by a design-build entity in accordance
11		with this Act.
12		"Request for proposal" means the document used by the
13		Chicago Park District to solicit proposals for a design-build
14		contract.
15		"Scope and performance criteria" means the requirements
16		for the public project, including but not limited to, the
17		intended usage, capacity, size, scope, quality and performance
18		standards, life-cycle costs, and other programmatic criteria
19		that are expressed in performance-oriented and quantifiable
20		specifications and drawings that can be reasonably inferred and
21		are suited to allow a design-build entity to develop a
22		proposal.
23		"Guaranteed maximum price" means a form of contract in
24		which compensation may vary according to the scope of work
25		involved but in any case may not exceed an agreed total amount.
26		(Source: P.A. 96-777, eff. 8-28-09; revised 11-3-09.)

SB3733 Engrossed - 793 - LRB096 19592 AMC 34984 b
1		Section 260. The School Code is amended by changing
2		Sections 2-3.64, 2-3.117a, 10-20.21, 10-22.3f, 10-22.31,
3		10-22.39, 18-8.05, 19-1, 24-6, 27A-5, and 27A-8, by setting
4		forth and renumbering multiple versions of Sections 2-3.148,
5		22-50, and 34-18.37, and by setting forth, renumbering, and
6		changing multiple versions of Section 10-20.46 as follows:
7		(105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
8		Sec. 2-3.64. State goals and assessment.
9		(a) Beginning in the 1998-1999 school year, the State Board
10		of Education shall establish standards and periodically, in
11		collaboration with local school districts, conduct studies of
12		student performance in the learning areas of fine arts and
13		physical development/health.
14		Beginning with the 1998-1999 school year until the
15		2004-2005 school year, the State Board of Education shall
16		annually test: (i) all pupils enrolled in the 3rd, 5th, and 8th
17		grades in English language arts (reading, writing, and English
18		grammar) and mathematics; and (ii) all pupils enrolled in the
19		4th and 7th grades in the biological and physical sciences and
20		the social sciences (history, geography, civics, economics,
21		and government). Unless the testing required to be implemented
22		no later than the 2005-2006 school year under this subsection
23		(a) is implemented for the 2004-2005 school year, for the
24		2004-2005 school year, the State Board of Education shall test:

SB3733 Engrossed - 794 - LRB096 19592 AMC 34984 b
1		(i) all pupils enrolled in the 3rd, 5th, and 8th grades in
2		English language arts (reading and English grammar) and
3		mathematics and (ii) all pupils enrolled in the 4th and 7th
4		grades in the biological and physical sciences. The maximum
5		time allowed for all actual testing required under this
6		paragraph shall not exceed 25 hours, as allocated among the
7		required tests by the State Board of Education, across all
8		grades tested.
9		Beginning no later than the 2005-2006 school year, the
10		State Board of Education shall annually test: (i) all pupils
11		enrolled in the 3rd, 4th, 5th, 6th, 7th, and 8th grades in
12		reading and mathematics and (ii) all pupils enrolled in the 4th
13		and 7th grades in the biological and physical sciences. In
14		addition, the State Board of Education shall test (1) all
15		pupils enrolled in the 5th and 8th grades in writing during the
16		2006-2007 school year; (2) all pupils enrolled in the 5th, 6th,
17		and 8th grades in writing during the 2007-2008 school year; and
18		(3) all pupils enrolled in the 3rd, 5th, 6th, and 8th grades in
19		writing during the 2008-2009 school year and each school year
20		thereafter. After the addition of grades and change in subjects
21		as delineated in this paragraph and including whatever other
22		tests that may be approved from time to time no later than the
23		2005-2006 school year, the maximum time allowed for all State
24		testing in grades 3 through 8 shall not exceed 38 hours across
25		those grades.
26		Beginning with the 2004-2005 school year, the State Board

SB3733 Engrossed - 795 - LRB096 19592 AMC 34984 b
1		of Education shall not test pupils under this subsection (a) in
2		physical development and health, fine arts, and the social
3		sciences (history, geography, civics, economics, and
4		government). The State Board of Education shall not test pupils
5		under this subsection (a) in writing during the 2005-2006
6		school year.
7		The State Board of Education shall establish the academic
8		standards that are to be applicable to pupils who are subject
9		to State tests under this Section beginning with the 1998-1999
10		school year. However, the State Board of Education shall not
11		establish any such standards in final form without first
12		providing opportunities for public participation and local
13		input in the development of the final academic standards. Those
14		opportunities shall include a well-publicized period of public
15		comment, public hearings throughout the State, and
16		opportunities to file written comments. Beginning with the
17		1998-99 school year and thereafter, the State tests will
18		identify pupils in the 3rd grade or 5th grade who do not meet
19		the State standards.
20		If, by performance on the State tests or local assessments
21		or by teacher judgment, a student's performance is determined
22		to be 2 or more grades below current placement, the student
23		shall be provided a remediation program developed by the
24		district in consultation with a parent or guardian. Such
25		remediation programs may include, but shall not be limited to,
26		increased or concentrated instructional time, a remedial

SB3733 Engrossed - 796 - LRB096 19592 AMC 34984 b
1		summer school program of not less than 90 hours, improved
2		instructional approaches, tutorial sessions, retention in
3		grade, and modifications to instructional materials. Each
4		pupil for whom a remediation program is developed under this
5		subsection shall be required to enroll in and attend whatever
6		program the district determines is appropriate for the pupil.
7		Districts may combine students in remediation programs where
8		appropriate and may cooperate with other districts in the
9		design and delivery of those programs. The parent or guardian
10		of a student required to attend a remediation program under
11		this Section shall be given written notice of that requirement
12		by the school district a reasonable time prior to commencement
13		of the remediation program that the student is to attend. The
14		State shall be responsible for providing school districts with
15		the new and additional funding, under Section 2-3.51.5 or by
16		other or additional means, that is required to enable the
17		districts to operate remediation programs for the pupils who
18		are required to enroll in and attend those programs under this
19		Section. Every individualized educational program as described
20		in Article 14 shall identify if the State test or components
21		thereof are appropriate for that student. The State Board of
22		Education shall develop rules and regulations governing the
23		administration of alternative tests prescribed within each
24		student's individualized educational program which are
25		appropriate to the disability of each student.
26		All pupils who are in a State approved transitional

SB3733 Engrossed - 797 - LRB096 19592 AMC 34984 b
1		bilingual education program or transitional program of
2		instruction shall participate in the State tests. The time
3		allotted to take the State tests, however, may be extended as
4		determined by the State Board of Education by rule. Any student
5		who has been enrolled in a State approved bilingual education
6		program less than 3 cumulative academic years may take an
7		accommodated Limited English Proficient student academic
8		content assessment, as determined by the State Board of
9		Education, if the student's lack of English as determined by an
10		English language proficiency test would keep the student from
11		understanding the regular State test. If the school district
12		determines, on a case-by-case individual basis, that a Limited
13		English Proficient student academic content assessment would
14		likely yield more accurate and reliable information on what the
15		student knows and can do, the school district may make a
16		determination to assess the student using a Limited English
17		Proficient student academic content assessment for a period
18		that does not exceed 2 additional consecutive years, provided
19		that the student has not yet reached a level of English
20		language proficiency sufficient to yield valid and reliable
21		information on what the student knows and can do on the regular
22		State test.
23		Reasonable accommodations as prescribed by the State Board
24		of Education shall be provided for individual students in the
25		testing procedure. All test procedures prescribed by the State
26		Board of Education shall require: (i) that each test used for

SB3733 Engrossed - 798 - LRB096 19592 AMC 34984 b
1		State and local student testing under this Section identify by
2		name the pupil taking the test; (ii) that the name of the pupil
3		taking the test be placed on the test at the time the test is
4		taken; (iii) that the results or scores of each test taken
5		under this Section by a pupil of the school district be
6		reported to that district and identify by name the pupil who
7		received the reported results or scores; and (iv) that the
8		results or scores of each test taken under this Section be made
9		available to the parents of the pupil. In addition, in each
10		school year the scores attained by a student on the Prairie
11		State Achievement Examination administered under subsection
12		(c) of this Section and any Prairie State Achievement Awards
13		received by the student shall become part of the student's
14		permanent record and shall be entered on the student's
15		transcript pursuant to regulations that the State Board of
16		Education shall promulgate for that purpose in accordance with
17		Section 3 and subsection (e) of Section 2 of the Illinois
18		School Student Records Act. Beginning with the 1998-1999 school
19		year and in every school year thereafter, scores received by
20		students on the State assessment tests administered in grades 3
21		through 8 shall be placed into students' temporary records.
22		The State Board of Education shall establish a period of
23		time, to be referred to as the State test window, in each
24		school year for which State testing shall occur to meet the
25		objectives of this Section. However, if the schools of a
26		district are closed and classes are not scheduled during any

SB3733 Engrossed - 799 - LRB096 19592 AMC 34984 b
1		week that is established by the State Board of Education as the
2		State test window, the school district may (at the discretion
3		of the State Board of Education) move its State test window one
4		week earlier or one week later than the established State test
5		window, so long as the school district gives the State Board of
6		Education written notice of its intention to deviate from the
7		established schedule by December 1 of the school year in which
8		falls the State test window established by the State Board of
9		Education for the testing.
10		(a-5) All tests administered pursuant to this Section shall
11		be academically based. For the purposes of this Section
12		"academically based tests" shall mean tests consisting of
13		questions and answers that are measurable and quantifiable to
14		measure the knowledge, skill, and ability of students in the
15		subject matters covered by tests. The scoring of academically
16		based tests shall be reliable, valid, unbiased and shall meet
17		the guidelines for test development and use prescribed by the
18		American Psychological Association, the National Council of
19		Measurement and Evaluation, and the American Educational
20		Research Association. Academically based tests shall not
21		include assessments or evaluations of attitudes, values, or
22		beliefs, or testing of personality, self-esteem, or
23		self-concept. Nothing in this amendatory Act is intended, nor
24		shall it be construed, to nullify, supersede, or contradict the
25		legislative intent on academic testing expressed during the
26		passage of HB 1005/P.A. 90-296. Nothing in this Section is

SB3733 Engrossed - 800 - LRB096 19592 AMC 34984 b
1		intended, nor shall it be construed, to nullify, supersede, or
2		contradict the legislative intent on academic testing
3		expressed in the preamble of this amendatory Act of the 93rd
4		General Assembly.
5		The State Board of Education shall monitor the use of short
6		answer questions in the math and reading assessments or in
7		other assessments in order to demonstrate that the use of short
8		answer questions results in a statistically significant
9		improvement in student achievement as measured on the State
10		assessments for math and reading or on other State assessments
11		and is justifiable in terms of cost and student performance.
12		(b) It shall be the policy of the State to encourage school
13		districts to continuously test pupil proficiency in the
14		fundamental learning areas in order to: (i) provide timely
15		information on individual students' performance relative to
16		State standards that is adequate to guide instructional
17		strategies; (ii) improve future instruction; and (iii)
18		complement the information provided by the State testing system
19		described in this Section. To assist school districts in
20		testing pupil proficiency in reading in the primary grades, the
21		State Board shall make optional reading inventories for
22		diagnostic purposes available to each school district that
23		requests such assistance. Districts that administer the
24		reading inventories may develop remediation programs for
25		students who perform in the bottom half of the student
26		population. Those remediation programs may be funded by moneys

SB3733 Engrossed - 801 - LRB096 19592 AMC 34984 b
1		provided under the School Safety and Educational Improvement
2		Block Grant Program established under Section 2-3.51.5.
3		(c) Beginning with the 2000-2001 school year, each school
4		district that operates a high school program for students in
5		grades 9 through 12 shall annually administer the Prairie State
6		Achievement Examination established under this subsection to
7		its students as set forth below. The Prairie State Achievement
8		Examination shall be developed by the State Board of Education
9		to measure student performance in the academic areas of
10		reading, writing, mathematics, science, and social sciences.
11		Beginning with the 2004-2005 school year, however, the State
12		Board of Education shall not test a student in the social
13		sciences (history, geography, civics, economics, and
14		government) as part of the Prairie State Achievement
15		Examination unless the student is retaking the Prairie State
16		Achievement Examination in the fall of 2004. In addition, the
17		State Board of Education shall not test a student in writing as
18		part of the Prairie State Achievement Examination during the
19		2005-2006 school year. The State Board of Education shall
20		establish the academic standards that are to apply in measuring
21		student performance on the Prairie State Achievement
22		Examination including the minimum examination score in each
23		area that will qualify a student to receive a Prairie State
24		Achievement Award from the State in recognition of the
25		student's excellent performance. Each school district that is
26		subject to the requirements of this subsection (c) shall afford

SB3733 Engrossed - 802 - LRB096 19592 AMC 34984 b
1		all students one opportunity to take the Prairie State
2		Achievement Examination beginning as late as practical during
3		the spring semester of grade 11, but in no event before March
4		1. The State Board of Education shall annually notify districts
5		of the weeks during which this test administration shall be
6		required to occur. Every individualized educational program as
7		described in Article 14 shall identify if the Prairie State
8		Achievement Examination or components thereof are appropriate
9		for that student. Each student, exclusive of a student whose
10		individualized educational program developed under Article 14
11		identifies the Prairie State Achievement Examination as
12		inappropriate for the student, shall be required to take the
13		examination in grade 11. For each academic area the State Board
14		of Education shall establish the score that qualifies for the
15		Prairie State Achievement Award on that portion of the
16		examination. Districts shall inform their students of the
17		timelines and procedures applicable to their participation in
18		every yearly administration of the Prairie State Achievement
19		Examination. Students receiving special education services
20		whose individualized educational programs identify the Prairie
21		State Achievement Examination as inappropriate for them
22		nevertheless shall have the option of taking the examination,
23		which shall be administered to those students in accordance
24		with standards adopted by the State Board of Education to
25		accommodate the respective disabilities of those students. A
26		student who successfully completes all other applicable high

SB3733 Engrossed - 803 - LRB096 19592 AMC 34984 b
1		school graduation requirements but fails to receive a score on
2		the Prairie State Achievement Examination that qualifies the
3		student for receipt of a Prairie State Achievement Award shall
4		nevertheless qualify for the receipt of a regular high school
5		diploma. In no case, however, shall a student receive a regular
6		high school diploma without taking the Prairie State
7		Achievement Examination, unless the student is exempted from
8		taking the Prairie State Achievement Examination under this
9		subsection (c) because (i) the student's individualized
10		educational program developed under Article 14 of this Code
11		identifies the Prairie State Achievement Examination as
12		inappropriate for the student, (ii) the student is exempt due
13		to the student's lack of English language proficiency under
14		subsection (a) of this Section, (iii) the student is enrolled
15		in a program of Adult and Continuing Education as defined in
16		the Adult Education Act, (iv) the school district is not
17		required to test the individual student for purposes of
18		accountability under federal No Child Left Behind Act of 2001
19		requirements, or (v) the student is otherwise identified by the
20		State Board of Education through rules as being exempt from the
21		assessment.
22		(d) Beginning with the 2002-2003 school year, all schools
23		in this State that are part of the sample drawn by the National
24		Center for Education Statistics, in collaboration with their
25		school districts and the State Board of Education, shall
26		administer the biennial State academic assessments of 4th and

SB3733 Engrossed - 804 - LRB096 19592 AMC 34984 b
1		8th grade reading and mathematics under the National Assessment
2		of Educational Progress carried out under Section 411(b)(2)
3		m11(b)(2) of the National Education Statistics Act of 1994 (20
4		U.S.C. 9010) if the Secretary of Education pays the costs of
5		administering the assessments.
6		(e) Beginning no later than the 2005-2006 school year,
7		subject to available federal funds to this State for the
8		purpose of student assessment, the State Board of Education
9		shall provide additional tests and assessment resources that
10		may be used by school districts for local diagnostic purposes.
11		These tests and resources shall include without limitation
12		additional high school writing, physical development and
13		health, and fine arts assessments. The State Board of Education
14		shall annually distribute a listing of these additional tests
15		and resources, using funds available from appropriations made
16		for student assessment purposes.
17		(f) For the assessment and accountability purposes of this
18		Section, "all pupils" includes those pupils enrolled in a
19		public or State-operated elementary school, secondary school,
20		or cooperative or joint agreement with a governing body or
21		board of control, a charter school operating in compliance with
22		the Charter Schools Law, a school operated by a regional office
23		of education under Section 13A-3 of this Code, or a public
24		school administered by a local public agency or the Department
25		of Human Services.
26		(Source: P.A. 96-430, eff. 8-13-09; revised 11-3-09.)

SB3733 Engrossed - 805 - LRB096 19592 AMC 34984 b
1		(105 ILCS 5/2-3.117a)
2		Sec. 2-3.117a. School Technology Revolving Loan Program.
3		(a) The State Board of Education is authorized to
4		administer a School Technology Revolving Loan Program from
5		funds appropriated from the School Technology Revolving Loan
6		Fund for the purpose of making the financing of school
7		technology hardware improvements affordable and making the
8		integration of technology in the classroom possible. School
9		technology loans shall be made available to public school
10		districts, charter schools, area vocational centers,
11		laboratory schools, and State-recognized, non-public schools
12		to purchase technology hardware for eligible grade levels on a
13		2-year rotating basis: grades 9 through 12 in fiscal year 2004
14		and each second year thereafter and grades K through 8 in
15		fiscal year 2005 and each second year thereafter. However,
16		priority shall be given to public school districts, charter
17		schools, area vocational centers, and laboratory schools that
18		apply prior to October 1 of each year.
19		The State Board of Education shall determine the interest
20		rate the loans shall bear which shall not be greater than 50%
21		of the rate for the most recent date shown in the 20 G.O. Bonds
22		Index of average municipal bond yields as published in the most
23		recent edition of The Bond Buyer, published in New York, New
24		York. The repayment period for School Technology Revolving
25		Loans shall not exceed 3 years. Participants shall use at least

SB3733 Engrossed - 806 - LRB096 19592 AMC 34984 b
1		90% of the loan proceeds for technology hardware investments
2		for students and staff (including computer hardware,
3		technology networks, related wiring, and other items as defined
4		in rules adopted by the State Board of Education) and up to 10%
5		of the loan proceeds for computer furniture. No participant
6		whose equalized assessed valuation per pupil in average daily
7		attendance is at the 99th percentile and above for all
8		districts of the same type shall be eligible to receive a
9		School Technology Revolving Loan under the provisions of this
10		Section for that year.
11		The State Board of Education shall have the authority to
12		adopt all rules necessary for the implementation and
13		administration of the School Technology Revolving Loan
14		Program, including, but not limited to, rules defining
15		application procedures, prescribing a maximum amount per pupil
16		that may be requested annually, requiring appropriate local
17		commitments for technology investments, prescribing a
18		mechanism for disbursing loan funds in the event requests
19		exceed available funds, specifying collateral, prescribing
20		actions necessary to protect the State's interest in the event
21		of default, foreclosure, or noncompliance with the terms and
22		conditions of the loans, and prescribing a mechanism for
23		reclaiming any items or equipment purchased with the loan funds
24		in the case of the closure of a non-public school.
25		(b) There is created in the State treasury the School
26		Technology Revolving Loan Fund. The State Board shall have the

SB3733 Engrossed - 807 - LRB096 19592 AMC 34984 b
1		authority to make expenditures from the Fund pursuant to
2		appropriations made for the purposes of this Section, including
3		refunds. There shall be deposited into the Fund such amounts,
4		including but not limited to:
5		(1) Transfers from the School Infrastructure Fund;
6		(2) All receipts, including principal and interest
7		payments, from any loan made from the Fund;
8		(3) All proceeds of assets of whatever nature received
9		by the State Board as a result of default or delinquency
10		with respect to loans made from the Fund;
11		(4) Any appropriations, grants, or gifts made to the
12		Fund; and
13		(5) Any income received from interest on investments of
14		money in the Fund.
15		(Source: P.A. 96-734, eff. 8-25-09; 96-783, eff. 8-28-09;
16		revised 10-6-09.)
17		(105 ILCS 5/2-3.148)
18		Sec. 2-3.148. Disability history and awareness campaign.
19		The State Board of Education shall promote an annual campaign
20		about disability history and awareness in this State. The
21		campaign shall be designed to increase public awareness and
22		respect for people with disabilities who comprise a substantial
23		percentage of this State's population, teach future
24		generations that people with disabilities have a rich history
25		and have made valuable contributions throughout this State and

SB3733 Engrossed - 808 - LRB096 19592 AMC 34984 b
1		the United States, and teach future generations that disability
2		is a natural part of life and that people with disabilities
3		have a right to be treated with civil, legal, and human rights
4		and as full human beings above all else.
5		(Source: P.A. 96-191, eff. 1-1-10.)
6		(105 ILCS 5/2-3.149)
7		Sec. 2-3.149 2-3.148. Food allergy guidelines.
8		(a) Not later than July 1, 2010, the State Board of
9		Education, in conjunction with the Department of Public Health,
10		shall develop and make available to each school board
11		guidelines for the management of students with
12		life-threatening food allergies. The State Board of Education
13		and the Department of Public Health shall establish an ad hoc
14		committee to develop the guidelines. The committee shall
15		include experts in the field of food allergens, representatives
16		on behalf of students with food allergies, representatives from
17		the several public school management organizations, which
18		shall include school administrators, principals, and school
19		board members, and representatives from 2 statewide
20		professional teachers' organizations. The guidelines shall
21		include, but need not be limited to, the following:
22		(1) education and training for school personnel who
23		interact with students with life-threatening food
24		allergies, such as school and school district
25		administrators, teachers, school advisors and counselors,

SB3733 Engrossed - 809 - LRB096 19592 AMC 34984 b
1		school health personnel, and school nurses, on the
2		management of students with life-threatening food
3		allergies, including training related to the
4		administration of medication with an auto-injector;
5		(2) procedures for responding to life-threatening
6		allergic reactions to food;
7		(3) a process for the implementation of individualized
8		health care and food allergy action plans for every student
9		with a life-threatening food allergy; and
10		(4) protocols to prevent exposure to food allergens.
11		(b) Not later than January 1, 2011, each school board shall
12		implement a policy based on the guidelines developed pursuant
13		to subsection (a) of this Section for the management of
14		students with life-threatening food allergies enrolled in the
15		schools under its jurisdiction. Nothing in this subsection (b)
16		is intended to invalidate school district policies that were
17		implemented before the development of guidelines pursuant to
18		subsection (a) of this Section as long as such policies are
19		consistent with the guidelines developed pursuant to
20		subsection (a) of this Section.
21		(Source: P.A. 96-349, eff. 8-13-09; revised 10-22-09.)
22		(105 ILCS 5/2-3.150)
23		(Section scheduled to be repealed on January 16, 2013)
24		Sec. 2-3.150 2-3.148. Textbook digital technology; pilot
25		program.

SB3733 Engrossed - 810 - LRB096 19592 AMC 34984 b
1		(a) The General Assembly makes the following findings:
2		(1) The use of digital technologies in the kindergarten
3		through grade 12 school environment is rapidly increasing
4		in this State.
5		(2) There is a need for the State Board of Education to
6		explore the expanded use of digital technologies in
7		classrooms and the impact of technological innovation on
8		both educational achievement and textbook weight.
9		(b) The State Board of Education shall implement a pilot
10		program, subject to appropriation, to test digital
11		technologies in 3 geographically diverse school districts on or
12		before July 1, 2011. The pilot program shall examine the
13		following issues:
14		(1) the development of alternative textbook formats,
15		including various digital formats; and
16		(2) any possible adaptation of existing standard print
17		textbooks that would be beneficial to the health and
18		educational achievement of pupils in this State.
19		(c) The State Board of Education shall report the results
20		of its findings on the pilot program and make recommendations
21		to the Governor and the General Assembly on or before January
22		15, 2013 with regard to the success of digital technologies
23		used in the pilot program. The State Board of Education may
24		submit other reports as it deems appropriate.
25		(d) The pilot program is abolished on January 16, 2013.
26		This Section is repealed on January 16, 2013.

SB3733 Engrossed - 811 - LRB096 19592 AMC 34984 b
1		(Source: P.A. 96-647, eff. 8-24-09; revised 10-22-09.)
2		(105 ILCS 5/2-3.151)
3		Sec. 2-3.151 2-3.148. Green career and technical education
4		programs.
5		(a) As used in this Section, "green industries" means
6		industries that contribute directly to preserving or enhancing
7		environmental quality by reducing waste and pollution or
8		producing sustainable products using sustainable processes and
9		materials and that provide opportunities for advancement along
10		a career track of increasing skills and wages. Green industries
11		include any of the following:
12		(1) Energy system retrofits to increase energy
13		efficiency and conservation.
14		(2) The production and distribution of biofuels and
15		vehicle retrofits for biofuels.
16		(3) Building design and construction that meet the
17		equivalent of the best available technology in energy and
18		environmental design standards.
19		(4) Organic and community food production.
20		(5) The manufacture of products from non-toxic,
21		environmentally certified or recycled materials.
22		(6) The manufacture and production of sustainable
23		technologies, including, but not limited to, solar panels,
24		wind turbines, and fuel cells.
25		(7) Solar technology installation and maintenance.

SB3733 Engrossed - 812 - LRB096 19592 AMC 34984 b
1		(8) Recycling, green composting, and large-scale reuse
2		of construction and demolition materials and debris.
3		(9) Water system retrofits to increase water
4		efficiency and conservation.
5		(10) Horticulture.
6		(b) It is the purpose and intent of this Section to
7		establish a State grant program that develops secondary
8		programs that introduce students to developing green
9		industries.
10		(c) Subject to appropriation, the State Board of Education
11		shall establish a State grant program that develops, through a
12		competitive process, 2-year pilot programs to assist in the
13		creation and promotion of green career and technical education
14		programs in public secondary schools in this State. Preference
15		must be given to proposals that include the integration of
16		academic and career and technical education content, arranged
17		in sequences of courses that lead to post-secondary completion.
18		(d) The State Board of Education may adopt any rules
19		necessary for the implementation of this Section.
20		(e) The State Board of Education may use up to 5% of the
21		funds appropriated for the purposes of this Section for
22		administrative costs, including the hiring of positions for the
23		implementation and administration of the grant program,
24		provided that if no appropriation is made to the State Board
25		for a given fiscal year for the purposes of the grant program,
26		then the State Board is not required to make any expenditures

SB3733 Engrossed - 813 - LRB096 19592 AMC 34984 b
1		in support of the program during that fiscal year.
2		(Source: P.A. 96-659, eff. 8-25-09; revised 10-22-09.)
3		(105 ILCS 5/2-3.152)
4		Sec. 2-3.152 2-3.148. Community schools.
5		(a) This Section applies beginning with the 2009-2010
6		school year.
7		(b) The General Assembly finds all of the following:
8		(1) All children are capable of success.
9		(2) Schools are the centers of vibrant communities.
10		(3) Strong families build strong educational
11		communities.
12		(4) Children succeed when adults work together to
13		foster positive educational outcomes.
14		(5) Schools work best when families take active roles
15		in the education of children.
16		(6) Schools today are limited in their ability to
17		dedicate time and resources to provide a wide range of
18		educational opportunities to students because of the focus
19		on standardized test outcomes.
20		(7) By providing learning opportunities outside of
21		normal school hours, including programs on life skills and
22		health, students are more successful academically, more
23		engaged in their communities, safer, and better prepared to
24		make a successful transition from school to adulthood.
25		(8) A community school is a traditional school that

SB3733 Engrossed - 814 - LRB096 19592 AMC 34984 b
1		actively partners with its community to leverage existing
2		resources and identify new resources to support the
3		transformation of the school to provide enrichment and
4		additional life skill opportunities for students, parents,
5		and community members at-large. Each community school is
6		unique because its programming is designed by and for the
7		school staff, in partnership with parents, community
8		stakeholders, and students.
9		(9) Community schools currently exist in this State in
10		urban, rural, and suburban communities.
11		(10) Research shows that community schools have a
12		powerful positive impact on students, as demonstrated by
13		increased academic success, a positive change in attitudes
14		toward school and learning, and decreased behavioral
15		problems.
16		(11) After-school and evening programs offered by
17		community schools provide academic enrichment consistent
18		with the Illinois Learning Standards and general school
19		curriculum; an opportunity for physical fitness activities
20		for students, fine arts programs, structured learning
21		"play" time, and other recreational opportunities; a safe
22		haven for students; and work supports for working families.
23		(12) Community schools are cost-effective because they
24		leverage existing resources provided by local, State,
25		federal, and private sources and bring programs to the
26		schools, where the students are already congregated.

SB3733 Engrossed - 815 - LRB096 19592 AMC 34984 b
1		Community schools have been shown to leverage between $5 to
2		$8 in existing programming for every $1 spent on a
3		community school.
4		(c) Subject to an appropriation or the availability of
5		funding for such purposes, the State Board of Education shall
6		make grants available to fund community schools and to enhance
7		programs at community schools. A request-for-proposal process
8		must be used in awarding grants under this subsection (c).
9		Proposals may be submitted on behalf of a school, a school
10		district, or a consortium of 2 or more schools or school
11		districts. Proposals must be evaluated and scored on the basis
12		of criteria consistent with this Section and other factors
13		developed and adopted by the State Board of Education.
14		Technical assistance in grant writing must be made available to
15		schools, school districts, or consortia of school districts
16		through the State Board of Education directly or through a
17		resource and referral directory established and maintained by
18		the State Board of Education.
19		(d) In order to qualify for a community school grant under
20		this Section, a school must, at a minimum, have the following
21		components:
22		(1) Before and after-school programming each school
23		day to meet the identified needs of students.
24		(2) Weekend programming.
25		(3) At least 4 weeks of summer programming.
26		(4) A local advisory group comprised of school

SB3733 Engrossed - 816 - LRB096 19592 AMC 34984 b
1		leadership, parents, and community stakeholders that
2		establishes school-specific programming goals, assesses
3		program needs, and oversees the process of implementing
4		expanded programming.
5		(5) A program director or resource coordinator who is
6		responsible for establishing a local advisory group,
7		assessing the needs of students and community members,
8		identifying programs to meet those needs, developing the
9		before and after-school, weekend, and summer programming
10		and overseeing the implementation of programming to ensure
11		high quality, efficiency, and robust participation.
12		(6) Programming that includes academic excellence
13		aligned with the Illinois Learning Standards, life skills,
14		healthy minds and bodies, parental support, and community
15		engagement and that promotes staying in school and
16		non-violent behavior and non-violent conflict resolution.
17		(7) Maintenance of attendance records in all
18		programming components.
19		(8) Maintenance of measurable data showing annual
20		participation and the impact of programming on the
21		participating children and adults.
22		(9) Documentation of true collaboration between the
23		school and community stakeholders, including local
24		governmental units, civic organizations, families,
25		businesses, and social service providers.
26		(10) A non-discrimination policy ensuring that the

SB3733 Engrossed - 817 - LRB096 19592 AMC 34984 b
1		community school does not condition participation upon
2		race, ethnic origin, religion, sex, or disability.
3		(Source: P.A. 96-746, eff. 8-25-09; revised 10-22-09.)
4		(105 ILCS 5/10-20.21)
5		Sec. 10-20.21. Contracts.
6		(a) To award all contracts for purchase of supplies,
7		materials or work or contracts with private carriers for
8		transportation of pupils involving an expenditure in excess of
9		$25,000 or a lower amount as required by board policy to the
10		lowest responsible bidder, considering conformity with
11		specifications, terms of delivery, quality and serviceability,
12		after due advertisement, except the following: (i) contracts
13		for the services of individuals possessing a high degree of
14		professional skill where the ability or fitness of the
15		individual plays an important part; (ii) contracts for the
16		printing of finance committee reports and departmental
17		reports; (iii) contracts for the printing or engraving of
18		bonds, tax warrants and other evidences of indebtedness; (iv)
19		contracts for the purchase of perishable foods and perishable
20		beverages; (v) contracts for materials and work which have been
21		awarded to the lowest responsible bidder after due
22		advertisement, but due to unforeseen revisions, not the fault
23		of the contractor for materials and work, must be revised
24		causing expenditures not in excess of 10% of the contract
25		price; (vi) contracts for the maintenance or servicing of, or

SB3733 Engrossed - 818 - LRB096 19592 AMC 34984 b
1		provision of repair parts for, equipment which are made with
2		the manufacturer or authorized service agent of that equipment
3		where the provision of parts, maintenance, or servicing can
4		best be performed by the manufacturer or authorized service
5		agent; (vii) purchases and contracts for the use, purchase,
6		delivery, movement, or installation of data processing
7		equipment, software, or services and telecommunications and
8		interconnect equipment, software, and services; (viii)
9		contracts for duplicating machines and supplies; (ix)
10		contracts for the purchase of natural gas when the cost is less
11		than that offered by a public utility; (x) purchases of
12		equipment previously owned by some entity other than the
13		district itself; (xi) contracts for repair, maintenance,
14		remodeling, renovation, or construction, or a single project
15		involving an expenditure not to exceed $50,000 and not
16		involving a change or increase in the size, type, or extent of
17		an existing facility; (xii) contracts for goods or services
18		procured from another governmental agency; (xiii) contracts
19		for goods or services which are economically procurable from
20		only one source, such as for the purchase of magazines, books,
21		periodicals, pamphlets and reports, and for utility services
22		such as water, light, heat, telephone or telegraph; (xiv) where
23		funds are expended in an emergency and such emergency
24		expenditure is approved by 3/4 of the members of the board;
25		(xv) State master contracts authorized under Article 28A of
26		this Code; and (xvi) contracts providing for the transportation

SB3733 Engrossed - 819 - LRB096 19592 AMC 34984 b
1		of pupils with special needs or disabilities, which contracts
2		must be advertised in the same manner as competitive bids and
3		awarded by first considering the bidder or bidders most able to
4		provide safety and comfort for the pupils with special needs or
5		disabilities, stability of service, and any other factors set
6		forth in the request for proposal regarding quality of service,
7		and then price.
8		All competitive bids for contracts involving an
9		expenditure in excess of $25,000 or a lower amount as required
10		by board policy must be sealed by the bidder and must be opened
11		by a member or employee of the school board at a public bid
12		opening at which the contents of the bids must be announced.
13		Each bidder must receive at least 3 days' notice of the time
14		and place of the bid opening. For purposes of this Section due
15		advertisement includes, but is not limited to, at least one
16		public notice at least 10 days before the bid date in a
17		newspaper published in the district, or if no newspaper is
18		published in the district, in a newspaper of general
19		circulation in the area of the district. State master contracts
20		and certified education purchasing contracts, as defined in
21		Article 28A of this Code, are not subject to the requirements
22		of this paragraph.
23		Under this Section, the acceptance of bids sealed by a
24		bidder and the opening of these bids at a public bid opening
25		may be permitted by an electronic process for communicating,
26		accepting, and opening competitive bids. However, bids for

SB3733 Engrossed - 820 - LRB096 19592 AMC 34984 b
1		construction purposes are prohibited from being communicated,
2		accepted, or opened electronically. An electronic bidding
3		process must provide for, but is not limited to, the following
4		safeguards:
5		(1) On the date and time certain of a bid opening, the
6		primary person conducting the competitive, sealed,
7		electronic bid process shall log onto a specified database
8		using a unique username and password previously assigned to
9		the bidder to allow access to the bidder's specific bid
10		project number.
11		(2) The specified electronic database must be on a
12		network that (i) is in a secure environment behind a
13		firewall; (ii) has specific encryption tools; (iii)
14		maintains specific intrusion detection systems; (iv) has
15		redundant systems architecture with data storage back-up,
16		whether by compact disc or tape; and (v) maintains a
17		disaster recovery plan.
18		It is the legislative intent of Public Act 96-841 this
19		amendatory Act of the 96th General Assembly to maintain the
20		integrity of the sealed bidding process provided for in this
21		Section, to further limit any possibility of bid-rigging, to
22		reduce administrative costs to school districts, and to effect
23		efficiencies in communications with bidders.
24		(b) To require, as a condition of any contract for goods
25		and services, that persons bidding for and awarded a contract
26		and all affiliates of the person collect and remit Illinois Use

SB3733 Engrossed - 821 - LRB096 19592 AMC 34984 b
1		Tax on all sales of tangible personal property into the State
2		of Illinois in accordance with the provisions of the Illinois
3		Use Tax Act regardless of whether the person or affiliate is a
4		"retailer maintaining a place of business within this State" as
5		defined in Section 2 of the Use Tax Act. For purposes of this
6		Section, the term "affiliate" means any entity that (1)
7		directly, indirectly, or constructively controls another
8		entity, (2) is directly, indirectly, or constructively
9		controlled by another entity, or (3) is subject to the control
10		of a common entity. For purposes of this subsection (b), an
11		entity controls another entity if it owns, directly or
12		individually, more than 10% of the voting securities of that
13		entity. As used in this subsection (b), the term "voting
14		security" means a security that (1) confers upon the holder the
15		right to vote for the election of members of the board of
16		directors or similar governing body of the business or (2) is
17		convertible into, or entitles the holder to receive upon its
18		exercise, a security that confers such a right to vote. A
19		general partnership interest is a voting security.
20		To require that bids and contracts include a certification
21		by the bidder or contractor that the bidder or contractor is
22		not barred from bidding for or entering into a contract under
23		this Section and that the bidder or contractor acknowledges
24		that the school board may declare the contract void if the
25		certification completed pursuant to this subsection (b) is
26		false.

SB3733 Engrossed - 822 - LRB096 19592 AMC 34984 b
1		(b-5) To require all contracts and agreements that pertain
2		to goods and services and that are intended to generate
3		additional revenue and other remunerations for the school
4		district in excess of $1,000, including without limitation
5		vending machine contracts, sports and other attire, class
6		rings, and photographic services, to be approved by the school
7		board. The school board shall file as an attachment to its
8		annual budget a report, in a form as determined by the State
9		Board of Education, indicating for the prior year the name of
10		the vendor, the product or service provided, and the actual net
11		revenue and non-monetary remuneration from each of the
12		contracts or agreements. In addition, the report shall indicate
13		for what purpose the revenue was used and how and to whom the
14		non-monetary remuneration was distributed.
15		(c) If the State education purchasing entity creates a
16		master contract as defined in Article 28A of this Code, then
17		the State education purchasing entity shall notify school
18		districts of the existence of the master contract.
19		(d) In purchasing supplies, materials, equipment, or
20		services that are not subject to subsection (c) of this
21		Section, before a school district solicits bids or awards a
22		contract, the district may review and consider as a bid under
23		subsection (a) of this Section certified education purchasing
24		contracts that are already available through the State
25		education purchasing entity.
26		(Source: P.A. 95-990, eff. 10-3-08; 96-392, eff. 1-1-10;

SB3733 Engrossed - 823 - LRB096 19592 AMC 34984 b
1		96-841, eff. 12-23-09; revised 12-29-09.)
2		(105 ILCS 5/10-20.46)
3		Sec. 10-20.46. Veterans' Day; moment of silence. If a
4		school holds any type of event at the school on November 11,
5		Veterans' Day, the school board shall require a moment of
6		silence at that event to recognize Veterans' Day.
7		(Source: P.A. 96-84, eff. 7-27-09.)
8		(105 ILCS 5/10-20.47)
9		Sec. 10-20.47 10-20.46. Administrator and teacher salary
10		and benefits; report. Each school board shall report to the
11		State Board of Education, on or before July 1 of each year, the
12		base salary and benefits of the district superintendent and all
13		administrators and teachers employed by the school district.
14		For the purposes of this Section, "benefits" includes without
15		limitation vacation days, sick days, bonuses, annuities, and
16		retirement enhancements.
17		(Source: P.A. 96-266, eff. 1-1-10; revised 10-21-09.)
18		(105 ILCS 5/10-20.48)
19		Sec. 10-20.48 10-20.46. Radon testing.
20		(a) It is recommended that every occupied school building
21		of a school district be tested every 5 years for radon pursuant
22		to rules established by the Illinois Emergency Management
23		Agency (IEMA).

SB3733 Engrossed - 824 - LRB096 19592 AMC 34984 b
1		(b) It is recommended that new schools of a school district
2		be built using radon resistant new construction techniques, as
3		shown in the United States Environmental Protection Agency
4		document, Radon Prevention in the Design and Construction of
5		Schools and Other Large Buildings.
6		(c) Each school district may maintain, make available for
7		review, and notify parents and faculty of test results under
8		this Section. The district shall report radon test results to
9		the State Board of Education, which shall prepare a report
10		every 2 years of the results from all schools that have
11		performed tests, to be submitted to the General Assembly and
12		the Governor.
13		(d) If IEMA exempts an individual from being required to be
14		a licensed radon professional, the individual does not need to
15		be a licensed radon professional in order to perform screening
16		tests under this Section. A school district may elect to have
17		one or more employees from the district attend an
18		IEMA-approved, Internet-based training course on school
19		testing in order to receive an exemption to conduct testing in
20		that school district. These school district employees must
21		perform the measurements in accordance with procedures
22		approved by IEMA. If an exemption from IEMA is not received,
23		the school district must use a licensed radon professional to
24		conduct measurements.
25		(e) If the results of a radon screening test under this
26		Section are found to be 4.0 pCi/L or above, the school district

SB3733 Engrossed - 825 - LRB096 19592 AMC 34984 b
1		may hire a licensed radon professional to perform measurements
2		before any mitigation decisions are made. If radon levels of
3		4.0 pCi/L or above are found, it is recommended that affected
4		areas be mitigated by a licensed radon mitigation professional
5		with respect to both design and installation. IEMA may provide
6		the school district with a list of licensed radon mitigation
7		professionals.
8		(f) A screening test under this Section may be done with a
9		test kit found in a hardware store, department store, or home
10		improvement store or with a kit ordered through the mail or
11		over the Internet. However, the kit must be provided by a
12		laboratory licensed in accordance with the Radon Industry
13		Licensing Act.
14		(Source: P.A. 96-417, eff. 1-1-10; revised 10-21-09.)
15		(105 ILCS 5/10-20.49)
16		Sec. 10-20.49 10-20.46. Compliance with Chemical Safety
17		Acts. Each school district must adopt a procedure to comply
18		with the requirements of the Lawn Care Products Application and
19		Notice Act and the Structural Pest Control Act. The school
20		district must designate a staff person who is responsible for
21		compliance with the requirements of these Acts.
22		(Source: P.A. 96-424, eff. 8-13-09; revised 10-21-09.)
23		(105 ILCS 5/10-20.50)
24		Sec. 10-20.50 10-20.46. Salary compensation report. On or

SB3733 Engrossed - 826 - LRB096 19592 AMC 34984 b
1		before October 1 of each year, each school district in this
2		State, including special charter districts, shall post on its
3		Internet website, if any, an itemized salary compensation
4		report for every employee in the district holding an
5		administrative certificate and working in that capacity,
6		including the district superintendent. The salary compensation
7		report shall include without limitation base salary, bonuses,
8		pension contributions, retirement increases, the cost of
9		health insurance, the cost of life insurance, paid sick and
10		vacation day payouts, annuities, and any other form of
11		compensation or income paid on behalf of the employee.
12		This report shall be presented at a regular school board
13		meeting, subject to applicable notice requirements. In
14		addition, each school district shall submit the completed
15		report to the office of the district's regional superintendent
16		of schools, which shall make copies available to any individual
17		requesting them.
18		Per Section 10-20.40 of this Code, as added by Public Act
19		95-707, a school district must post the contract that a school
20		board enters into with an exclusive bargaining representative.
21		The school board must provide the terms of that contract
22		online.
23		(105 ILCS 5/10-20.51)
24		Sec. 10-20.51 10-20.46. Press boxes; accessibility. A
25		school board does not have to comply with the Illinois

SB3733 Engrossed - 827 - LRB096 19592 AMC 34984 b
1		Accessibility Code (71 Ill. Adm. Code 400) with respect to
2		accessibility to press boxes that are on school property if the
3		press boxes were constructed before August 25, 2009 (the
4		effective date of Public Act 96-674) this amendatory Act of the
5		96th General Assembly.
6		(Source: P.A. 96-674, eff. 8-25-09; revised 10-21-09.)
7		(105 ILCS 5/10-22.3f)
8		Sec. 10-22.3f. Required health benefits. Insurance
9		protection and benefits for employees shall provide the
10		post-mastectomy care benefits required to be covered by a
11		policy of accident and health insurance under Section 356t and
12		the coverage required under Sections 356g, 356g.5, 356g.5-1,
13		356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,
14		356z.13, and 356z.14, and 356z.15 356z.14 of the Illinois
15		Insurance Code.
16		Rulemaking authority to implement Public Act 95-1045 this
17		amendatory Act of the 95th General Assembly, if any, is
18		conditioned on the rules being adopted in accordance with all
19		provisions of the Illinois Administrative Procedure Act and all
20		rules and procedures of the Joint Committee on Administrative
21		Rules; any purported rule not so adopted, for whatever reason,
22		is unauthorized.
23		(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
24		95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09;
25		95-1005, 12-12-08; 95-1045, eff. 3-27-09; 95-1049, eff.

SB3733 Engrossed - 828 - LRB096 19592 AMC 34984 b
1		1-1-10; 96-139, eff. 1-1-10; 96-328, eff. 8-11-09; revised
2		10-23-09.)
3		(105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
4		Sec. 10-22.31. Special education.
5		(a) To enter into joint agreements with other school boards
6		to provide the needed special educational facilities and to
7		employ a director and other professional workers as defined in
8		Section 14-1.10 and to establish facilities as defined in
9		Section 14-1.08 for the types of children described in Sections
10		14-1.02 and 14-1.03a. The director (who may be employed under a
11		contract as provided in subsection (c) of this Section) and
12		other professional workers may be employed by one district,
13		which shall be reimbursed on a mutually agreed basis by other
14		districts that are parties to the joint agreement. Such
15		agreements may provide that one district may supply
16		professional workers for a joint program conducted in another
17		district. Such agreement shall provide that any full-time
18		professional worker who is employed by a joint agreement
19		program and spends over 50% of his or her time in one school
20		district shall not be required to work a different teaching
21		schedule than the other professional worker in that district.
22		Such agreement shall include, but not be limited to, provisions
23		for administration, staff, programs, financing, housing,
24		transportation, an advisory body, and the method or methods to
25		be employed for disposing of property upon the withdrawal of a

SB3733 Engrossed - 829 - LRB096 19592 AMC 34984 b
1		school district or dissolution of the joint agreement and shall
2		specify procedures for the withdrawal of districts from the
3		joint agreement as long as these procedures are consistent with
4		subsection (g) of this Section. this Section and Such agreement
5		may be amended at any time as provided in the joint agreement
6		or, if the joint agreement does not so provide, then such
7		agreement may be amended at any time upon the adoption of
8		concurring resolutions by the school boards of all member
9		districts, provided that no later than 6 months after August
10		28, 2009 (the effective date of Public Act 96-783) this
11		amendatory Act of the 96th General Assembly, all existing
12		agreements shall be amended to be consistent with Public Act
13		96-783 this amendatory Act of the 96th General Assembly. Such
14		an amendment may include the removal of a school district from
15		or the addition of a school district to the joint agreement
16		without a petition as otherwise required in this Section if all
17		member districts adopt concurring resolutions to that effect. A
18		fully executed copy of any such agreement or amendment entered
19		into on or after January 1, 1989 shall be filed with the State
20		Board of Education. Petitions for withdrawal shall be made to
21		the regional board or boards of school trustees exercising
22		oversight or governance over any of the districts in the joint
23		agreement. Upon receipt of a petition for withdrawal, the
24		regional board of school trustees shall publish notice of and
25		conduct a hearing or, in instances in which more than one
26		regional board of school trustees exercises oversight or

SB3733 Engrossed - 830 - LRB096 19592 AMC 34984 b
1		governance over any of the districts in the joint agreement, a
2		joint hearing, in accordance with rules adopted by the State
3		Board of Education. In instances in which a single regional
4		board of school trustees holds the hearing, approval of the
5		petition must be by a two-thirds majority vote of the school
6		trustees. In instances in which a joint hearing of 2 or more
7		regional boards of school trustees is required, approval of the
8		petition must be by a two-thirds majority of all those school
9		trustees present and voting. Notwithstanding the provisions of
10		Article 6 of this Code, in instances in which the competent
11		regional board or boards of school trustees has been abolished,
12		petitions for withdrawal shall be made to the school boards of
13		those districts that fall under the oversight or governance of
14		the abolished regional board of school trustees in accordance
15		with rules adopted by the State Board of Education. If any
16		petition is approved pursuant to this subsection (a), the
17		withdrawal takes effect as provided in Section 7-9 of this Act.
18		The changes to this Section made by Public Act 96-769 this
19		amendatory Act of the 96th General Assembly apply to all
20		changes to special education joint agreement membership
21		initiated after July 1, 2009.
22		(b) To either (1) designate an administrative district to
23		act as fiscal and legal agent for the districts that are
24		parties to the joint agreement, or (2) designate a governing
25		board composed of one member of the school board of each
26		cooperating district and designated by such boards to act in

SB3733 Engrossed - 831 - LRB096 19592 AMC 34984 b
1		accordance with the joint agreement. No such governing board
2		may levy taxes and no such governing board may incur any
3		indebtedness except within an annual budget for the joint
4		agreement approved by the governing board and by the boards of
5		at least a majority of the cooperating school districts or a
6		number of districts greater than a majority if required by the
7		joint agreement. The governing board may appoint an executive
8		board of at least 7 members to administer the joint agreement
9		in accordance with its terms. However, if 7 or more school
10		districts are parties to a joint agreement that does not have
11		an administrative district: (i) at least a majority of the
12		members appointed by the governing board to the executive board
13		shall be members of the school boards of the cooperating
14		districts; or (ii) if the governing board wishes to appoint
15		members who are not school board members, they shall be
16		superintendents from the cooperating districts.
17		(c) To employ a full-time director of special education of
18		the joint agreement program under a one-year or multi-year
19		contract. No such contract can be offered or accepted for less
20		than one year. Such contract may be discontinued at any time by
21		mutual agreement of the contracting parties, or may be extended
22		for an additional one-year or multi-year period at the end of
23		any year.
24		The contract year is July 1 through the following June
25		30th, unless the contract specifically provides otherwise.
26		Notice of intent not to renew a contract when given by a

SB3733 Engrossed - 832 - LRB096 19592 AMC 34984 b
1		controlling board or administrative district must be in writing
2		stating the specific reason therefor. Notice of intent not to
3		renew the contract must be given by the controlling board or
4		the administrative district at least 90 days before the
5		contract expires. Failure to do so will automatically extend
6		the contract for one additional year.
7		By accepting the terms of the contract, the director of a
8		special education joint agreement waives all rights granted
9		under Sections 24-11 through 24-16 for the duration of his or
10		her employment as a director of a special education joint
11		agreement.
12		(d) To designate a district that is a party to the joint
13		agreement as the issuer of bonds or notes for the purposes and
14		in the manner provided in this Section. It is not necessary for
15		such district to also be the administrative district for the
16		joint agreement, nor is it necessary for the same district to
17		be designated as the issuer of all series of bonds or notes
18		issued hereunder. Any district so designated may, from time to
19		time, borrow money and, in evidence of its obligation to repay
20		the borrowing, issue its negotiable bonds or notes for the
21		purpose of acquiring, constructing, altering, repairing,
22		enlarging and equipping any building or portion thereof,
23		together with any land or interest therein, necessary to
24		provide special educational facilities and services as defined
25		in Section 14-1.08. Title in and to any such facilities shall
26		be held in accordance with the joint agreement.

SB3733 Engrossed - 833 - LRB096 19592 AMC 34984 b
1		Any such bonds or notes shall be authorized by a resolution
2		of the board of education of the issuing district. The
3		resolution may contain such covenants as may be deemed
4		necessary or advisable by the district to assure the payment of
5		the bonds or notes. The resolution shall be effective
6		immediately upon its adoption.
7		Prior to the issuance of such bonds or notes, each school
8		district that is a party to the joint agreement shall agree,
9		whether by amendment to the joint agreement or by resolution of
10		the board of education, to be jointly and severally liable for
11		the payment of the bonds and notes. The bonds or notes shall be
12		payable solely and only from the payments made pursuant to such
13		agreement.
14		Neither the bonds or notes nor the obligation to pay the
15		bonds or notes under any joint agreement shall constitute an
16		indebtedness of any district, including the issuing district,
17		within the meaning of any constitutional or statutory
18		limitation.
19		As long as any bonds or notes are outstanding and unpaid,
20		the agreement by a district to pay the bonds and notes shall be
21		irrevocable notwithstanding the district's withdrawal from
22		membership in the joint special education program.
23		(e) If a district whose employees are on strike was, prior
24		to the strike, sending students with disabilities to special
25		educational facilities and services in another district or
26		cooperative, the district affected by the strike shall continue

SB3733 Engrossed - 834 - LRB096 19592 AMC 34984 b
1		to send such students during the strike and shall be eligible
2		to receive appropriate State reimbursement.
3		(f) With respect to those joint agreements that have a
4		governing board composed of one member of the school board of
5		each cooperating district and designated by those boards to act
6		in accordance with the joint agreement, the governing board
7		shall have, in addition to its other powers under this Section,
8		the authority to issue bonds or notes for the purposes and in
9		the manner provided in this subsection. The governing board of
10		the joint agreement may from time to time borrow money and, in
11		evidence of its obligation to repay the borrowing, issue its
12		negotiable bonds or notes for the purpose of acquiring,
13		constructing, altering, repairing, enlarging and equipping any
14		building or portion thereof, together with any land or interest
15		therein, necessary to provide special educational facilities
16		and services as defined in Section 14-1.08 and including also
17		facilities for activities of administration and educational
18		support personnel employees. Title in and to any such
19		facilities shall be held in accordance with the joint
20		agreement.
21		Any such bonds or notes shall be authorized by a resolution
22		of the governing board. The resolution may contain such
23		covenants as may be deemed necessary or advisable by the
24		governing board to assure the payment of the bonds or notes and
25		interest accruing thereon. The resolution shall be effective
26		immediately upon its adoption.

SB3733 Engrossed - 835 - LRB096 19592 AMC 34984 b
1		Each school district that is a party to the joint agreement
2		shall be automatically liable, by virtue of its membership in
3		the joint agreement, for its proportionate share of the
4		principal amount of the bonds and notes plus interest accruing
5		thereon, as provided in the resolution. Subject to the joint
6		and several liability hereinafter provided for, the resolution
7		may provide for different payment schedules for different
8		districts except that the aggregate amount of scheduled
9		payments for each district shall be equal to its proportionate
10		share of the debt service in the bonds or notes based upon the
11		fraction that its equalized assessed valuation bears to the
12		total equalized assessed valuation of all the district members
13		of the joint agreement as adjusted in the manner hereinafter
14		provided. In computing that fraction the most recent available
15		equalized assessed valuation at the time of the issuance of the
16		bonds and notes shall be used, and the equalized assessed
17		valuation of any district maintaining grades K to 12 shall be
18		doubled in both the numerator and denominator of the fraction
19		used for all of the districts that are members of the joint
20		agreement. In case of default in payment by any member, each
21		school district that is a party to the joint agreement shall
22		automatically be jointly and severally liable for the amount of
23		any deficiency. The bonds or notes and interest thereon shall
24		be payable solely and only from the funds made available
25		pursuant to the procedures set forth in this subsection. No
26		project authorized under this subsection may require an annual

SB3733 Engrossed - 836 - LRB096 19592 AMC 34984 b
1		contribution for bond payments from any member district in
2		excess of 0.15% of the value of taxable property as equalized
3		or assessed by the Department of Revenue in the case of
4		districts maintaining grades K-8 or 9-12 and 0.30% of the value
5		of taxable property as equalized or assessed by the Department
6		of Revenue in the case of districts maintaining grades K-12.
7		This limitation on taxing authority is expressly applicable to
8		taxing authority provided under Section 17-9 and other
9		applicable Sections of this Act. Nothing contained in this
10		subsection shall be construed as an exception to the property
11		tax limitations contained in Section 17-2, 17-2.2a, 17-5, or
12		any other applicable Section of this Act.
13		Neither the bonds or notes nor the obligation to pay the
14		bonds or notes under any joint agreement shall constitute an
15		indebtedness of any district within the meaning of any
16		constitutional or statutory limitation.
17		As long as any bonds or notes are outstanding and unpaid,
18		the obligation of a district to pay its proportionate share of
19		the principal of and interest on the bonds and notes as
20		required in this Section shall be a general obligation of the
21		district payable from any and all sources of revenue designated
22		for that purpose by the board of education of the district and
23		shall be irrevocable notwithstanding the district's withdrawal
24		from membership in the joint special education program.
25		(g) A member district wishing to withdraw from a joint
26		agreement may obtain from its school board a written resolution

SB3733 Engrossed - 837 - LRB096 19592 AMC 34984 b
1		approving the withdrawal. The withdrawing district must then
2		present a written petition for withdrawal from the joint
3		agreement to the other member districts within such timelines
4		designated by the joint agreement. Upon approval by school
5		board written resolution of all of the remaining member
6		districts, the petitioning member district shall be withdrawn
7		from the joint agreement effective the following July 1 and
8		shall notify the State Board of Education of the approved
9		withdrawal in writing.
10		(h) The changes to this Section made by Public Act 96-783
11		this amendatory Act of the 96th General Assembly apply to
12		withdrawals from or dissolutions of special education joint
13		agreements initiated after August 28, 2009 (the effective date
14		of Public Act 96-783) this amendatory Act of the 96th General
15		Assembly.
16		(Source: P.A. 96-769, eff. 8-28-09; 96-783, eff. 8-28-09;
17		revised 9-25-09.)
18		(105 ILCS 5/10-22.39)
19		Sec. 10-22.39. In-service training programs.
20		(a) To conduct in-service training programs for teachers.
21		(b) In addition to other topics at in-service training
22		programs, school guidance counselors, teachers and other
23		school personnel who work with pupils in grades 7 through 12
24		shall be trained to identify the warning signs of suicidal
25		behavior in adolescents and teens and shall be taught

SB3733 Engrossed - 838 - LRB096 19592 AMC 34984 b
1		appropriate intervention and referral techniques.
2		(c) School guidance counselors, nurses, teachers and other
3		school personnel who work with pupils may be trained to have a
4		basic knowledge of matters relating to acquired
5		immunodeficiency syndrome (AIDS), including the nature of the
6		disease, its causes and effects, the means of detecting it and
7		preventing its transmission, and the availability of
8		appropriate sources of counseling and referral, and any other
9		information that may be appropriate considering the age and
10		grade level of such pupils. The School Board shall supervise
11		such training. The State Board of Education and the Department
12		of Public Health shall jointly develop standards for such
13		training.
14		(d) In this subsection (d):
15		"Domestic violence" means abuse by a family or household
16		member, as "abuse" and "family or household members" are
17		defined in Section 103 of the Illinois Domestic Violence Act of
18		1986.
19		"Sexual violence" means sexual assault, abuse, or stalking
20		of an adult or minor child proscribed in the Criminal Code of
21		1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14,
22		12-14.1, 12-15, and 12-16, including sexual violence committed
23		by perpetrators who are strangers to the victim and sexual
24		violence committed by perpetrators who are known or related by
25		blood or marriage to the victim.
26		At least once every 2 years, an in-service training program

SB3733 Engrossed - 839 - LRB096 19592 AMC 34984 b
1		for school personnel who work with pupils, including, but not
2		limited to, school and school district administrators,
3		teachers, school guidance counselors, school social workers,
4		school counselors, school psychologists, and school nurses,
5		must be conducted by persons with expertise in domestic and
6		sexual violence and the needs of expectant and parenting youth
7		and shall include training concerning (i) communicating with
8		and listening to youth victims of domestic or sexual violence
9		and expectant and parenting youth, (ii) connecting youth
10		victims of domestic or sexual violence and expectant and
11		parenting youth to appropriate in-school services and other
12		agencies, programs, and services as needed, and (iii)
13		implementing the school district's policies, procedures, and
14		protocols with regard to such youth, including
15		confidentiality. At a minimum, school personnel must be trained
16		to understand, provide information and referrals, and address
17		issues pertaining to youth who are parents, expectant parents,
18		or victims of domestic or sexual violence.
19		(e) At least every 2 years, an in-service training program
20		for school personnel who work with pupils must be conducted by
21		persons with expertise in anaphylactic reactions and
22		management.
23		(f) (e) At least once every 2 years, a school board shall
24		conduct in-service training on educator ethics,
25		teacher-student conduct, and school employee-student conduct
26		for all personnel.

SB3733 Engrossed - 840 - LRB096 19592 AMC 34984 b
1		(Source: P.A. 95-558, eff. 8-30-07; 96-349, eff. 8-13-09;
2		96-431, eff. 8-13-09; revised 9-4-09.)
3		(105 ILCS 5/18-8.05)
4		Sec. 18-8.05. Basis for apportionment of general State
5		financial aid and supplemental general State aid to the common
6		schools for the 1998-1999 and subsequent school years.
7		(A) General Provisions.
8		(1) The provisions of this Section apply to the 1998-1999
9		and subsequent school years. The system of general State
10		financial aid provided for in this Section is designed to
11		assure that, through a combination of State financial aid and
12		required local resources, the financial support provided each
13		pupil in Average Daily Attendance equals or exceeds a
14		prescribed per pupil Foundation Level. This formula approach
15		imputes a level of per pupil Available Local Resources and
16		provides for the basis to calculate a per pupil level of
17		general State financial aid that, when added to Available Local
18		Resources, equals or exceeds the Foundation Level. The amount
19		of per pupil general State financial aid for school districts,
20		in general, varies in inverse relation to Available Local
21		Resources. Per pupil amounts are based upon each school
22		district's Average Daily Attendance as that term is defined in
23		this Section.
24		(2) In addition to general State financial aid, school

SB3733 Engrossed - 841 - LRB096 19592 AMC 34984 b
1		districts with specified levels or concentrations of pupils
2		from low income households are eligible to receive supplemental
3		general State financial aid grants as provided pursuant to
4		subsection (H). The supplemental State aid grants provided for
5		school districts under subsection (H) shall be appropriated for
6		distribution to school districts as part of the same line item
7		in which the general State financial aid of school districts is
8		appropriated under this Section.
9		(3) To receive financial assistance under this Section,
10		school districts are required to file claims with the State
11		Board of Education, subject to the following requirements:
12		(a) Any school district which fails for any given
13		school year to maintain school as required by law, or to
14		maintain a recognized school is not eligible to file for
15		such school year any claim upon the Common School Fund. In
16		case of nonrecognition of one or more attendance centers in
17		a school district otherwise operating recognized schools,
18		the claim of the district shall be reduced in the
19		proportion which the Average Daily Attendance in the
20		attendance center or centers bear to the Average Daily
21		Attendance in the school district. A "recognized school"
22		means any public school which meets the standards as
23		established for recognition by the State Board of
24		Education. A school district or attendance center not
25		having recognition status at the end of a school term is
26		entitled to receive State aid payments due upon a legal

SB3733 Engrossed - 842 - LRB096 19592 AMC 34984 b
1		claim which was filed while it was recognized.
2		(b) School district claims filed under this Section are
3		subject to Sections 18-9 and 18-12, except as otherwise
4		provided in this Section.
5		(c) If a school district operates a full year school
6		under Section 10-19.1, the general State aid to the school
7		district shall be determined by the State Board of
8		Education in accordance with this Section as near as may be
9		applicable.
10		(d) (Blank).
11		(4) Except as provided in subsections (H) and (L), the
12		board of any district receiving any of the grants provided for
13		in this Section may apply those funds to any fund so received
14		for which that board is authorized to make expenditures by law.
15		School districts are not required to exert a minimum
16		Operating Tax Rate in order to qualify for assistance under
17		this Section.
18		(5) As used in this Section the following terms, when
19		capitalized, shall have the meaning ascribed herein:
20		(a) "Average Daily Attendance": A count of pupil
21		attendance in school, averaged as provided for in
22		subsection (C) and utilized in deriving per pupil financial
23		support levels.
24		(b) "Available Local Resources": A computation of
25		local financial support, calculated on the basis of Average
26		Daily Attendance and derived as provided pursuant to

SB3733 Engrossed - 843 - LRB096 19592 AMC 34984 b
1		subsection (D).
2		(c) "Corporate Personal Property Replacement Taxes":
3		Funds paid to local school districts pursuant to "An Act in
4		relation to the abolition of ad valorem personal property
5		tax and the replacement of revenues lost thereby, and
6		amending and repealing certain Acts and parts of Acts in
7		connection therewith", certified August 14, 1979, as
8		amended (Public Act 81-1st S.S.-1).
9		(d) "Foundation Level": A prescribed level of per pupil
10		financial support as provided for in subsection (B).
11		(e) "Operating Tax Rate": All school district property
12		taxes extended for all purposes, except Bond and Interest,
13		Summer School, Rent, Capital Improvement, and Vocational
14		Education Building purposes.
15		(B) Foundation Level.
16		(1) The Foundation Level is a figure established by the
17		State representing the minimum level of per pupil financial
18		support that should be available to provide for the basic
19		education of each pupil in Average Daily Attendance. As set
20		forth in this Section, each school district is assumed to exert
21		a sufficient local taxing effort such that, in combination with
22		the aggregate of general State financial aid provided the
23		district, an aggregate of State and local resources are
24		available to meet the basic education needs of pupils in the
25		district.

SB3733 Engrossed - 844 - LRB096 19592 AMC 34984 b
1		(2) For the 1998-1999 school year, the Foundation Level of
2		support is $4,225. For the 1999-2000 school year, the
3		Foundation Level of support is $4,325. For the 2000-2001 school
4		year, the Foundation Level of support is $4,425. For the
5		2001-2002 school year and 2002-2003 school year, the Foundation
6		Level of support is $4,560. For the 2003-2004 school year, the
7		Foundation Level of support is $4,810. For the 2004-2005 school
8		year, the Foundation Level of support is $4,964. For the
9		2005-2006 school year, the Foundation Level of support is
10		$5,164. For the 2006-2007 school year, the Foundation Level of
11		support is $5,334. For the 2007-2008 school year, the
12		Foundation Level of support is $5,734. For the 2008-2009 school
13		year, the Foundation Level of support is $5,959.
14		(3) For the 2009-2010 school year and each school year
15		thereafter, the Foundation Level of support is $6,119 or such
16		greater amount as may be established by law by the General
17		Assembly.
18		(C) Average Daily Attendance.
19		(1) For purposes of calculating general State aid pursuant
20		to subsection (E), an Average Daily Attendance figure shall be
21		utilized. The Average Daily Attendance figure for formula
22		calculation purposes shall be the monthly average of the actual
23		number of pupils in attendance of each school district, as
24		further averaged for the best 3 months of pupil attendance for
25		each school district. In compiling the figures for the number

SB3733 Engrossed - 845 - LRB096 19592 AMC 34984 b
1		of pupils in attendance, school districts and the State Board
2		of Education shall, for purposes of general State aid funding,
3		conform attendance figures to the requirements of subsection
4		(F).
5		(2) The Average Daily Attendance figures utilized in
6		subsection (E) shall be the requisite attendance data for the
7		school year immediately preceding the school year for which
8		general State aid is being calculated or the average of the
9		attendance data for the 3 preceding school years, whichever is
10		greater. The Average Daily Attendance figures utilized in
11		subsection (H) shall be the requisite attendance data for the
12		school year immediately preceding the school year for which
13		general State aid is being calculated.
14		(D) Available Local Resources.
15		(1) For purposes of calculating general State aid pursuant
16		to subsection (E), a representation of Available Local
17		Resources per pupil, as that term is defined and determined in
18		this subsection, shall be utilized. Available Local Resources
19		per pupil shall include a calculated dollar amount representing
20		local school district revenues from local property taxes and
21		from Corporate Personal Property Replacement Taxes, expressed
22		on the basis of pupils in Average Daily Attendance. Calculation
23		of Available Local Resources shall exclude any tax amnesty
24		funds received as a result of Public Act 93-26.
25		(2) In determining a school district's revenue from local

SB3733 Engrossed - 846 - LRB096 19592 AMC 34984 b
1		property taxes, the State Board of Education shall utilize the
2		equalized assessed valuation of all taxable property of each
3		school district as of September 30 of the previous year. The
4		equalized assessed valuation utilized shall be obtained and
5		determined as provided in subsection (G).
6		(3) For school districts maintaining grades kindergarten
7		through 12, local property tax revenues per pupil shall be
8		calculated as the product of the applicable equalized assessed
9		valuation for the district multiplied by 3.00%, and divided by
10		the district's Average Daily Attendance figure. For school
11		districts maintaining grades kindergarten through 8, local
12		property tax revenues per pupil shall be calculated as the
13		product of the applicable equalized assessed valuation for the
14		district multiplied by 2.30%, and divided by the district's
15		Average Daily Attendance figure. For school districts
16		maintaining grades 9 through 12, local property tax revenues
17		per pupil shall be the applicable equalized assessed valuation
18		of the district multiplied by 1.05%, and divided by the
19		district's Average Daily Attendance figure.
20		For partial elementary unit districts created pursuant to
21		Article 11E of this Code, local property tax revenues per pupil
22		shall be calculated as the product of the equalized assessed
23		valuation for property within the partial elementary unit
24		district for elementary purposes, as defined in Article 11E of
25		this Code, multiplied by 2.06% and divided by the district's
26		Average Daily Attendance figure, plus the product of the

SB3733 Engrossed - 847 - LRB096 19592 AMC 34984 b
1		equalized assessed valuation for property within the partial
2		elementary unit district for high school purposes, as defined
3		in Article 11E of this Code, multiplied by 0.94% and divided by
4		the district's Average Daily Attendance figure.
5		(4) The Corporate Personal Property Replacement Taxes paid
6		to each school district during the calendar year one year
7		before the calendar year in which a school year begins, divided
8		by the Average Daily Attendance figure for that district, shall
9		be added to the local property tax revenues per pupil as
10		derived by the application of the immediately preceding
11		paragraph (3). The sum of these per pupil figures for each
12		school district shall constitute Available Local Resources as
13		that term is utilized in subsection (E) in the calculation of
14		general State aid.
15		(E) Computation of General State Aid.
16		(1) For each school year, the amount of general State aid
17		allotted to a school district shall be computed by the State
18		Board of Education as provided in this subsection.
19		(2) For any school district for which Available Local
20		Resources per pupil is less than the product of 0.93 times the
21		Foundation Level, general State aid for that district shall be
22		calculated as an amount equal to the Foundation Level minus
23		Available Local Resources, multiplied by the Average Daily
24		Attendance of the school district.
25		(3) For any school district for which Available Local

SB3733 Engrossed - 848 - LRB096 19592 AMC 34984 b
1		Resources per pupil is equal to or greater than the product of
2		0.93 times the Foundation Level and less than the product of
3		1.75 times the Foundation Level, the general State aid per
4		pupil shall be a decimal proportion of the Foundation Level
5		derived using a linear algorithm. Under this linear algorithm,
6		the calculated general State aid per pupil shall decline in
7		direct linear fashion from 0.07 times the Foundation Level for
8		a school district with Available Local Resources equal to the
9		product of 0.93 times the Foundation Level, to 0.05 times the
10		Foundation Level for a school district with Available Local
11		Resources equal to the product of 1.75 times the Foundation
12		Level. The allocation of general State aid for school districts
13		subject to this paragraph 3 shall be the calculated general
14		State aid per pupil figure multiplied by the Average Daily
15		Attendance of the school district.
16		(4) For any school district for which Available Local
17		Resources per pupil equals or exceeds the product of 1.75 times
18		the Foundation Level, the general State aid for the school
19		district shall be calculated as the product of $218 multiplied
20		by the Average Daily Attendance of the school district.
21		(5) The amount of general State aid allocated to a school
22		district for the 1999-2000 school year meeting the requirements
23		set forth in paragraph (4) of subsection (G) shall be increased
24		by an amount equal to the general State aid that would have
25		been received by the district for the 1998-1999 school year by
26		utilizing the Extension Limitation Equalized Assessed

SB3733 Engrossed - 849 - LRB096 19592 AMC 34984 b
1		Valuation as calculated in paragraph (4) of subsection (G) less
2		the general State aid allotted for the 1998-1999 school year.
3		This amount shall be deemed a one time increase, and shall not
4		affect any future general State aid allocations.
5		(F) Compilation of Average Daily Attendance.
6		(1) Each school district shall, by July 1 of each year,
7		submit to the State Board of Education, on forms prescribed by
8		the State Board of Education, attendance figures for the school
9		year that began in the preceding calendar year. The attendance
10		information so transmitted shall identify the average daily
11		attendance figures for each month of the school year. Beginning
12		with the general State aid claim form for the 2002-2003 school
13		year, districts shall calculate Average Daily Attendance as
14		provided in subdivisions (a), (b), and (c) of this paragraph
15		(1).
16		(a) In districts that do not hold year-round classes,
17		days of attendance in August shall be added to the month of
18		September and any days of attendance in June shall be added
19		to the month of May.
20		(b) In districts in which all buildings hold year-round
21		classes, days of attendance in July and August shall be
22		added to the month of September and any days of attendance
23		in June shall be added to the month of May.
24		(c) In districts in which some buildings, but not all,
25		hold year-round classes, for the non-year-round buildings,

SB3733 Engrossed - 850 - LRB096 19592 AMC 34984 b
1		days of attendance in August shall be added to the month of
2		September and any days of attendance in June shall be added
3		to the month of May. The average daily attendance for the
4		year-round buildings shall be computed as provided in
5		subdivision (b) of this paragraph (1). To calculate the
6		Average Daily Attendance for the district, the average
7		daily attendance for the year-round buildings shall be
8		multiplied by the days in session for the non-year-round
9		buildings for each month and added to the monthly
10		attendance of the non-year-round buildings.
11		Except as otherwise provided in this Section, days of
12		attendance by pupils shall be counted only for sessions of not
13		less than 5 clock hours of school work per day under direct
14		supervision of: (i) teachers, or (ii) non-teaching personnel or
15		volunteer personnel when engaging in non-teaching duties and
16		supervising in those instances specified in subsection (a) of
17		Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
18		of legal school age and in kindergarten and grades 1 through
19		12.
20		Days of attendance by tuition pupils shall be accredited
21		only to the districts that pay the tuition to a recognized
22		school.
23		(2) Days of attendance by pupils of less than 5 clock hours
24		of school shall be subject to the following provisions in the
25		compilation of Average Daily Attendance.
26		(a) Pupils regularly enrolled in a public school for

SB3733 Engrossed - 851 - LRB096 19592 AMC 34984 b
1		only a part of the school day may be counted on the basis
2		of 1/6 day for every class hour of instruction of 40
3		minutes or more attended pursuant to such enrollment,
4		unless a pupil is enrolled in a block-schedule format of 80
5		minutes or more of instruction, in which case the pupil may
6		be counted on the basis of the proportion of minutes of
7		school work completed each day to the minimum number of
8		minutes that school work is required to be held that day.
9		(b) Days of attendance may be less than 5 clock hours
10		on the opening and closing of the school term, and upon the
11		first day of pupil attendance, if preceded by a day or days
12		utilized as an institute or teachers' workshop.
13		(c) A session of 4 or more clock hours may be counted
14		as a day of attendance upon certification by the regional
15		superintendent, and approved by the State Superintendent
16		of Education to the extent that the district has been
17		forced to use daily multiple sessions.
18		(d) A session of 3 or more clock hours may be counted
19		as a day of attendance (1) when the remainder of the school
20		day or at least 2 hours in the evening of that day is
21		utilized for an in-service training program for teachers,
22		up to a maximum of 5 days per school year, provided a
23		district conducts an in-service training program for
24		teachers in accordance with Section 10-22.39 of this Code;
25		or, in lieu of 4 such days, 2 full days may be used, in
26		which event each such day may be counted as a day required

SB3733 Engrossed - 852 - LRB096 19592 AMC 34984 b
1		for a legal school calendar pursuant to Section 10-19 of
2		this Code; (1.5) when, of the 5 days allowed under item
3		(1), a maximum of 4 days are used for parent-teacher
4		conferences, or, in lieu of 4 such days, 2 full days are
5		used, in which case each such day may be counted as a
6		calendar day required under Section 10-19 of this Code,
7		provided that the full-day, parent-teacher conference
8		consists of (i) a minimum of 5 clock hours of
9		parent-teacher conferences, (ii) both a minimum of 2 clock
10		hours of parent-teacher conferences held in the evening
11		following a full day of student attendance, as specified in
12		subsection (F)(1)(c), and a minimum of 3 clock hours of
13		parent-teacher conferences held on the day immediately
14		following evening parent-teacher conferences, or (iii)
15		multiple parent-teacher conferences held in the evenings
16		following full days of student attendance, as specified in
17		subsection (F)(1)(c), in which the time used for the
18		parent-teacher conferences is equivalent to a minimum of 5
19		clock hours; and (2) when days in addition to those
20		provided in items (1) and (1.5) are scheduled by a school
21		pursuant to its school improvement plan adopted under
22		Article 34 or its revised or amended school improvement
23		plan adopted under Article 2, provided that (i) such
24		sessions of 3 or more clock hours are scheduled to occur at
25		regular intervals, (ii) the remainder of the school days in
26		which such sessions occur are utilized for in-service

SB3733 Engrossed - 853 - LRB096 19592 AMC 34984 b
1		training programs or other staff development activities
2		for teachers, and (iii) a sufficient number of minutes of
3		school work under the direct supervision of teachers are
4		added to the school days between such regularly scheduled
5		sessions to accumulate not less than the number of minutes
6		by which such sessions of 3 or more clock hours fall short
7		of 5 clock hours. Any full days used for the purposes of
8		this paragraph shall not be considered for computing
9		average daily attendance. Days scheduled for in-service
10		training programs, staff development activities, or
11		parent-teacher conferences may be scheduled separately for
12		different grade levels and different attendance centers of
13		the district.
14		(e) A session of not less than one clock hour of
15		teaching hospitalized or homebound pupils on-site or by
16		telephone to the classroom may be counted as 1/2 day of
17		attendance, however these pupils must receive 4 or more
18		clock hours of instruction to be counted for a full day of
19		attendance.
20		(f) A session of at least 4 clock hours may be counted
21		as a day of attendance for first grade pupils, and pupils
22		in full day kindergartens, and a session of 2 or more hours
23		may be counted as 1/2 day of attendance by pupils in
24		kindergartens which provide only 1/2 day of attendance.
25		(g) For children with disabilities who are below the
26		age of 6 years and who cannot attend 2 or more clock hours

SB3733 Engrossed - 854 - LRB096 19592 AMC 34984 b
1		because of their disability or immaturity, a session of not
2		less than one clock hour may be counted as 1/2 day of
3		attendance; however for such children whose educational
4		needs so require a session of 4 or more clock hours may be
5		counted as a full day of attendance.
6		(h) A recognized kindergarten which provides for only
7		1/2 day of attendance by each pupil shall not have more
8		than 1/2 day of attendance counted in any one day. However,
9		kindergartens may count 2 1/2 days of attendance in any 5
10		consecutive school days. When a pupil attends such a
11		kindergarten for 2 half days on any one school day, the
12		pupil shall have the following day as a day absent from
13		school, unless the school district obtains permission in
14		writing from the State Superintendent of Education.
15		Attendance at kindergartens which provide for a full day of
16		attendance by each pupil shall be counted the same as
17		attendance by first grade pupils. Only the first year of
18		attendance in one kindergarten shall be counted, except in
19		case of children who entered the kindergarten in their
20		fifth year whose educational development requires a second
21		year of kindergarten as determined under the rules and
22		regulations of the State Board of Education.
23		(i) On the days when the Prairie State Achievement
24		Examination is administered under subsection (c) of
25		Section 2-3.64 of this Code, the day of attendance for a
26		pupil whose school day must be shortened to accommodate

SB3733 Engrossed - 855 - LRB096 19592 AMC 34984 b
1		required testing procedures may be less than 5 clock hours
2		and shall be counted towards the 176 days of actual pupil
3		attendance required under Section 10-19 of this Code,
4		provided that a sufficient number of minutes of school work
5		in excess of 5 clock hours are first completed on other
6		school days to compensate for the loss of school work on
7		the examination days.
8		(G) Equalized Assessed Valuation Data.
9		(1) For purposes of the calculation of Available Local
10		Resources required pursuant to subsection (D), the State Board
11		of Education shall secure from the Department of Revenue the
12		value as equalized or assessed by the Department of Revenue of
13		all taxable property of every school district, together with
14		(i) the applicable tax rate used in extending taxes for the
15		funds of the district as of September 30 of the previous year
16		and (ii) the limiting rate for all school districts subject to
17		property tax extension limitations as imposed under the
18		Property Tax Extension Limitation Law.
19		The Department of Revenue shall add to the equalized
20		assessed value of all taxable property of each school district
21		situated entirely or partially within a county that is or was
22		subject to the provisions of Section 15-176 or 15-177 of the
23		Property Tax Code (a) an amount equal to the total amount by
24		which the homestead exemption allowed under Section 15-176 or
25		15-177 of the Property Tax Code for real property situated in

SB3733 Engrossed - 856 - LRB096 19592 AMC 34984 b
1		that school district exceeds the total amount that would have
2		been allowed in that school district if the maximum reduction
3		under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
4		all other counties in tax year 2003 or (ii) $5,000 in all
5		counties in tax year 2004 and thereafter and (b) an amount
6		equal to the aggregate amount for the taxable year of all
7		additional exemptions under Section 15-175 of the Property Tax
8		Code for owners with a household income of $30,000 or less. The
9		county clerk of any county that is or was subject to the
10		provisions of Section 15-176 or 15-177 of the Property Tax Code
11		shall annually calculate and certify to the Department of
12		Revenue for each school district all homestead exemption
13		amounts under Section 15-176 or 15-177 of the Property Tax Code
14		and all amounts of additional exemptions under Section 15-175
15		of the Property Tax Code for owners with a household income of
16		$30,000 or less. It is the intent of this paragraph that if the
17		general homestead exemption for a parcel of property is
18		determined under Section 15-176 or 15-177 of the Property Tax
19		Code rather than Section 15-175, then the calculation of
20		Available Local Resources shall not be affected by the
21		difference, if any, between the amount of the general homestead
22		exemption allowed for that parcel of property under Section
23		15-176 or 15-177 of the Property Tax Code and the amount that
24		would have been allowed had the general homestead exemption for
25		that parcel of property been determined under Section 15-175 of
26		the Property Tax Code. It is further the intent of this

SB3733 Engrossed - 857 - LRB096 19592 AMC 34984 b
1		paragraph that if additional exemptions are allowed under
2		Section 15-175 of the Property Tax Code for owners with a
3		household income of less than $30,000, then the calculation of
4		Available Local Resources shall not be affected by the
5		difference, if any, because of those additional exemptions.
6		This equalized assessed valuation, as adjusted further by
7		the requirements of this subsection, shall be utilized in the
8		calculation of Available Local Resources.
9		(2) The equalized assessed valuation in paragraph (1) shall
10		be adjusted, as applicable, in the following manner:
11		(a) For the purposes of calculating State aid under
12		this Section, with respect to any part of a school district
13		within a redevelopment project area in respect to which a
14		municipality has adopted tax increment allocation
15		financing pursuant to the Tax Increment Allocation
16		Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
17		of the Illinois Municipal Code or the Industrial Jobs
18		Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
19		Illinois Municipal Code, no part of the current equalized
20		assessed valuation of real property located in any such
21		project area which is attributable to an increase above the
22		total initial equalized assessed valuation of such
23		property shall be used as part of the equalized assessed
24		valuation of the district, until such time as all
25		redevelopment project costs have been paid, as provided in
26		Section 11-74.4-8 of the Tax Increment Allocation

SB3733 Engrossed - 858 - LRB096 19592 AMC 34984 b
1		Redevelopment Act or in Section 11-74.6-35 of the
2		Industrial Jobs Recovery Law. For the purpose of the
3		equalized assessed valuation of the district, the total
4		initial equalized assessed valuation or the current
5		equalized assessed valuation, whichever is lower, shall be
6		used until such time as all redevelopment project costs
7		have been paid.
8		(b) The real property equalized assessed valuation for
9		a school district shall be adjusted by subtracting from the
10		real property value as equalized or assessed by the
11		Department of Revenue for the district an amount computed
12		by dividing the amount of any abatement of taxes under
13		Section 18-170 of the Property Tax Code by 3.00% for a
14		district maintaining grades kindergarten through 12, by
15		2.30% for a district maintaining grades kindergarten
16		through 8, or by 1.05% for a district maintaining grades 9
17		through 12 and adjusted by an amount computed by dividing
18		the amount of any abatement of taxes under subsection (a)
19		of Section 18-165 of the Property Tax Code by the same
20		percentage rates for district type as specified in this
21		subparagraph (b).
22		(3) For the 1999-2000 school year and each school year
23		thereafter, if a school district meets all of the criteria of
24		this subsection (G)(3), the school district's Available Local
25		Resources shall be calculated under subsection (D) using the
26		district's Extension Limitation Equalized Assessed Valuation

SB3733 Engrossed - 859 - LRB096 19592 AMC 34984 b
1		as calculated under this subsection (G)(3).
2		For purposes of this subsection (G)(3) the following terms
3		shall have the following meanings:
4		"Budget Year": The school year for which general State
5		aid is calculated and awarded under subsection (E).
6		"Base Tax Year": The property tax levy year used to
7		calculate the Budget Year allocation of general State aid.
8		"Preceding Tax Year": The property tax levy year
9		immediately preceding the Base Tax Year.
10		"Base Tax Year's Tax Extension": The product of the
11		equalized assessed valuation utilized by the County Clerk
12		in the Base Tax Year multiplied by the limiting rate as
13		calculated by the County Clerk and defined in the Property
14		Tax Extension Limitation Law.
15		"Preceding Tax Year's Tax Extension": The product of
16		the equalized assessed valuation utilized by the County
17		Clerk in the Preceding Tax Year multiplied by the Operating
18		Tax Rate as defined in subsection (A).
19		"Extension Limitation Ratio": A numerical ratio,
20		certified by the County Clerk, in which the numerator is
21		the Base Tax Year's Tax Extension and the denominator is
22		the Preceding Tax Year's Tax Extension.
23		"Operating Tax Rate": The operating tax rate as defined
24		in subsection (A).
25		If a school district is subject to property tax extension
26		limitations as imposed under the Property Tax Extension

SB3733 Engrossed - 860 - LRB096 19592 AMC 34984 b
1		Limitation Law, the State Board of Education shall calculate
2		the Extension Limitation Equalized Assessed Valuation of that
3		district. For the 1999-2000 school year, the Extension
4		Limitation Equalized Assessed Valuation of a school district as
5		calculated by the State Board of Education shall be equal to
6		the product of the district's 1996 Equalized Assessed Valuation
7		and the district's Extension Limitation Ratio. Except as
8		otherwise provided in this paragraph for a school district that
9		has approved or does approve an increase in its limiting rate,
10		for the 2000-2001 school year and each school year thereafter,
11		the Extension Limitation Equalized Assessed Valuation of a
12		school district as calculated by the State Board of Education
13		shall be equal to the product of the Equalized Assessed
14		Valuation last used in the calculation of general State aid and
15		the district's Extension Limitation Ratio. If the Extension
16		Limitation Equalized Assessed Valuation of a school district as
17		calculated under this subsection (G)(3) is less than the
18		district's equalized assessed valuation as calculated pursuant
19		to subsections (G)(1) and (G)(2), then for purposes of
20		calculating the district's general State aid for the Budget
21		Year pursuant to subsection (E), that Extension Limitation
22		Equalized Assessed Valuation shall be utilized to calculate the
23		district's Available Local Resources under subsection (D). For
24		the 2009-2010 school year and each school year thereafter, if a
25		school district has approved or does approve an increase in its
26		limiting rate, pursuant to Section 18-190 of the Property Tax

SB3733 Engrossed - 861 - LRB096 19592 AMC 34984 b
1		Code, affecting the Base Tax Year, the Extension Limitation
2		Equalized Assessed Valuation of the school district, as
3		calculated by the State Board of Education, shall be equal to
4		the product of the Equalized Assessed Valuation last used in
5		the calculation of general State aid times an amount equal to
6		one plus the percentage increase, if any, in the Consumer Price
7		Index for all Urban Consumers for all items published by the
8		United States Department of Labor for the 12-month calendar
9		year preceding the Base Tax Year, plus the Equalized Assessed
10		Valuation of new property, annexed property, and recovered tax
11		increment value and minus the Equalized Assessed Valuation of
12		disconnected property. New property and recovered tax
13		increment value shall have the meanings set forth in the
14		Property Tax Extension Limitation Law.
15		Partial elementary unit districts created in accordance
16		with Article 11E of this Code shall not be eligible for the
17		adjustment in this subsection (G)(3) until the fifth year
18		following the effective date of the reorganization.
19		(4) For the purposes of calculating general State aid for
20		the 1999-2000 school year only, if a school district
21		experienced a triennial reassessment on the equalized assessed
22		valuation used in calculating its general State financial aid
23		apportionment for the 1998-1999 school year, the State Board of
24		Education shall calculate the Extension Limitation Equalized
25		Assessed Valuation that would have been used to calculate the
26		district's 1998-1999 general State aid. This amount shall equal

SB3733 Engrossed - 862 - LRB096 19592 AMC 34984 b
1		the product of the equalized assessed valuation used to
2		calculate general State aid for the 1997-1998 school year and
3		the district's Extension Limitation Ratio. If the Extension
4		Limitation Equalized Assessed Valuation of the school district
5		as calculated under this paragraph (4) is less than the
6		district's equalized assessed valuation utilized in
7		calculating the district's 1998-1999 general State aid
8		allocation, then for purposes of calculating the district's
9		general State aid pursuant to paragraph (5) of subsection (E),
10		that Extension Limitation Equalized Assessed Valuation shall
11		be utilized to calculate the district's Available Local
12		Resources.
13		(5) For school districts having a majority of their
14		equalized assessed valuation in any county except Cook, DuPage,
15		Kane, Lake, McHenry, or Will, if the amount of general State
16		aid allocated to the school district for the 1999-2000 school
17		year under the provisions of subsection (E), (H), and (J) of
18		this Section is less than the amount of general State aid
19		allocated to the district for the 1998-1999 school year under
20		these subsections, then the general State aid of the district
21		for the 1999-2000 school year only shall be increased by the
22		difference between these amounts. The total payments made under
23		this paragraph (5) shall not exceed $14,000,000. Claims shall
24		be prorated if they exceed $14,000,000.
25		(H) Supplemental General State Aid.

SB3733 Engrossed - 863 - LRB096 19592 AMC 34984 b
1		(1) In addition to the general State aid a school district
2		is allotted pursuant to subsection (E), qualifying school
3		districts shall receive a grant, paid in conjunction with a
4		district's payments of general State aid, for supplemental
5		general State aid based upon the concentration level of
6		children from low-income households within the school
7		district. Supplemental State aid grants provided for school
8		districts under this subsection shall be appropriated for
9		distribution to school districts as part of the same line item
10		in which the general State financial aid of school districts is
11		appropriated under this Section. If the appropriation in any
12		fiscal year for general State aid and supplemental general
13		State aid is insufficient to pay the amounts required under the
14		general State aid and supplemental general State aid
15		calculations, then the State Board of Education shall ensure
16		that each school district receives the full amount due for
17		general State aid and the remainder of the appropriation shall
18		be used for supplemental general State aid, which the State
19		Board of Education shall calculate and pay to eligible
20		districts on a prorated basis.
21		(1.5) This paragraph (1.5) applies only to those school
22		years preceding the 2003-2004 school year. For purposes of this
23		subsection (H), the term "Low-Income Concentration Level"
24		shall be the low-income eligible pupil count from the most
25		recently available federal census divided by the Average Daily
26		Attendance of the school district. If, however, (i) the

SB3733 Engrossed - 864 - LRB096 19592 AMC 34984 b
1		percentage decrease from the 2 most recent federal censuses in
2		the low-income eligible pupil count of a high school district
3		with fewer than 400 students exceeds by 75% or more the
4		percentage change in the total low-income eligible pupil count
5		of contiguous elementary school districts, whose boundaries
6		are coterminous with the high school district, or (ii) a high
7		school district within 2 counties and serving 5 elementary
8		school districts, whose boundaries are coterminous with the
9		high school district, has a percentage decrease from the 2 most
10		recent federal censuses in the low-income eligible pupil count
11		and there is a percentage increase in the total low-income
12		eligible pupil count of a majority of the elementary school
13		districts in excess of 50% from the 2 most recent federal
14		censuses, then the high school district's low-income eligible
15		pupil count from the earlier federal census shall be the number
16		used as the low-income eligible pupil count for the high school
17		district, for purposes of this subsection (H). The changes made
18		to this paragraph (1) by Public Act 92-28 shall apply to
19		supplemental general State aid grants for school years
20		preceding the 2003-2004 school year that are paid in fiscal
21		year 1999 or thereafter and to any State aid payments made in
22		fiscal year 1994 through fiscal year 1998 pursuant to
23		subsection 1(n) of Section 18-8 of this Code (which was
24		repealed on July 1, 1998), and any high school district that is
25		affected by Public Act 92-28 is entitled to a recomputation of
26		its supplemental general State aid grant or State aid paid in

SB3733 Engrossed - 865 - LRB096 19592 AMC 34984 b
1		any of those fiscal years. This recomputation shall not be
2		affected by any other funding.
3		(1.10) This paragraph (1.10) applies to the 2003-2004
4		school year and each school year thereafter. For purposes of
5		this subsection (H), the term "Low-Income Concentration Level"
6		shall, for each fiscal year, be the low-income eligible pupil
7		count as of July 1 of the immediately preceding fiscal year (as
8		determined by the Department of Human Services based on the
9		number of pupils who are eligible for at least one of the
10		following low income programs: Medicaid, the Children's Health
11		Insurance Program, TANF, or Food Stamps, excluding pupils who
12		are eligible for services provided by the Department of
13		Children and Family Services, averaged over the 2 immediately
14		preceding fiscal years for fiscal year 2004 and over the 3
15		immediately preceding fiscal years for each fiscal year
16		thereafter) divided by the Average Daily Attendance of the
17		school district.
18		(2) Supplemental general State aid pursuant to this
19		subsection (H) shall be provided as follows for the 1998-1999,
20		1999-2000, and 2000-2001 school years only:
21		(a) For any school district with a Low Income
22		Concentration Level of at least 20% and less than 35%, the
23		grant for any school year shall be $800 multiplied by the
24		low income eligible pupil count.
25		(b) For any school district with a Low Income
26		Concentration Level of at least 35% and less than 50%, the

SB3733 Engrossed - 866 - LRB096 19592 AMC 34984 b
1		grant for the 1998-1999 school year shall be $1,100
2		multiplied by the low income eligible pupil count.
3		(c) For any school district with a Low Income
4		Concentration Level of at least 50% and less than 60%, the
5		grant for the 1998-99 school year shall be $1,500
6		multiplied by the low income eligible pupil count.
7		(d) For any school district with a Low Income
8		Concentration Level of 60% or more, the grant for the
9		1998-99 school year shall be $1,900 multiplied by the low
10		income eligible pupil count.
11		(e) For the 1999-2000 school year, the per pupil amount
12		specified in subparagraphs (b), (c), and (d) immediately
13		above shall be increased to $1,243, $1,600, and $2,000,
14		respectively.
15		(f) For the 2000-2001 school year, the per pupil
16		amounts specified in subparagraphs (b), (c), and (d)
17		immediately above shall be $1,273, $1,640, and $2,050,
18		respectively.
19		(2.5) Supplemental general State aid pursuant to this
20		subsection (H) shall be provided as follows for the 2002-2003
21		school year:
22		(a) For any school district with a Low Income
23		Concentration Level of less than 10%, the grant for each
24		school year shall be $355 multiplied by the low income
25		eligible pupil count.
26		(b) For any school district with a Low Income

SB3733 Engrossed - 867 - LRB096 19592 AMC 34984 b
1		Concentration Level of at least 10% and less than 20%, the
2		grant for each school year shall be $675 multiplied by the
3		low income eligible pupil count.
4		(c) For any school district with a Low Income
5		Concentration Level of at least 20% and less than 35%, the
6		grant for each school year shall be $1,330 multiplied by
7		the low income eligible pupil count.
8		(d) For any school district with a Low Income
9		Concentration Level of at least 35% and less than 50%, the
10		grant for each school year shall be $1,362 multiplied by
11		the low income eligible pupil count.
12		(e) For any school district with a Low Income
13		Concentration Level of at least 50% and less than 60%, the
14		grant for each school year shall be $1,680 multiplied by
15		the low income eligible pupil count.
16		(f) For any school district with a Low Income
17		Concentration Level of 60% or more, the grant for each
18		school year shall be $2,080 multiplied by the low income
19		eligible pupil count.
20		(2.10) Except as otherwise provided, supplemental general
21		State aid pursuant to this subsection (H) shall be provided as
22		follows for the 2003-2004 school year and each school year
23		thereafter:
24		(a) For any school district with a Low Income
25		Concentration Level of 15% or less, the grant for each
26		school year shall be $355 multiplied by the low income

SB3733 Engrossed - 868 - LRB096 19592 AMC 34984 b
1		eligible pupil count.
2		(b) For any school district with a Low Income
3		Concentration Level greater than 15%, the grant for each
4		school year shall be $294.25 added to the product of $2,700
5		and the square of the Low Income Concentration Level, all
6		multiplied by the low income eligible pupil count.
7		For the 2003-2004 school year and each school year
8		thereafter through the 2008-2009 school year only, the grant
9		shall be no less than the grant for the 2002-2003 school year.
10		For the 2009-2010 school year only, the grant shall be no less
11		than the grant for the 2002-2003 school year multiplied by
12		0.66. For the 2010-2011 school year only, the grant shall be no
13		less than the grant for the 2002-2003 school year multiplied by
14		0.33. Notwithstanding the provisions of this paragraph to the
15		contrary, if for any school year supplemental general State aid
16		grants are prorated as provided in paragraph (1) of this
17		subsection (H), then the grants under this paragraph shall be
18		prorated.
19		For the 2003-2004 school year only, the grant shall be no
20		greater than the grant received during the 2002-2003 school
21		year added to the product of 0.25 multiplied by the difference
22		between the grant amount calculated under subsection (a) or (b)
23		of this paragraph (2.10), whichever is applicable, and the
24		grant received during the 2002-2003 school year. For the
25		2004-2005 school year only, the grant shall be no greater than
26		the grant received during the 2002-2003 school year added to

SB3733 Engrossed - 869 - LRB096 19592 AMC 34984 b
1		the product of 0.50 multiplied by the difference between the
2		grant amount calculated under subsection (a) or (b) of this
3		paragraph (2.10), whichever is applicable, and the grant
4		received during the 2002-2003 school year. For the 2005-2006
5		school year only, the grant shall be no greater than the grant
6		received during the 2002-2003 school year added to the product
7		of 0.75 multiplied by the difference between the grant amount
8		calculated under subsection (a) or (b) of this paragraph
9		(2.10), whichever is applicable, and the grant received during
10		the 2002-2003 school year.
11		(3) School districts with an Average Daily Attendance of
12		more than 1,000 and less than 50,000 that qualify for
13		supplemental general State aid pursuant to this subsection
14		shall submit a plan to the State Board of Education prior to
15		October 30 of each year for the use of the funds resulting from
16		this grant of supplemental general State aid for the
17		improvement of instruction in which priority is given to
18		meeting the education needs of disadvantaged children. Such
19		plan shall be submitted in accordance with rules and
20		regulations promulgated by the State Board of Education.
21		(4) School districts with an Average Daily Attendance of
22		50,000 or more that qualify for supplemental general State aid
23		pursuant to this subsection shall be required to distribute
24		from funds available pursuant to this Section, no less than
25		$261,000,000 in accordance with the following requirements:
26		(a) The required amounts shall be distributed to the

SB3733 Engrossed - 870 - LRB096 19592 AMC 34984 b
1		attendance centers within the district in proportion to the
2		number of pupils enrolled at each attendance center who are
3		eligible to receive free or reduced-price lunches or
4		breakfasts under the federal Child Nutrition Act of 1966
5		and under the National School Lunch Act during the
6		immediately preceding school year.
7		(b) The distribution of these portions of supplemental
8		and general State aid among attendance centers according to
9		these requirements shall not be compensated for or
10		contravened by adjustments of the total of other funds
11		appropriated to any attendance centers, and the Board of
12		Education shall utilize funding from one or several sources
13		in order to fully implement this provision annually prior
14		to the opening of school.
15		(c) Each attendance center shall be provided by the
16		school district a distribution of noncategorical funds and
17		other categorical funds to which an attendance center is
18		entitled under law in order that the general State aid and
19		supplemental general State aid provided by application of
20		this subsection supplements rather than supplants the
21		noncategorical funds and other categorical funds provided
22		by the school district to the attendance centers.
23		(d) Any funds made available under this subsection that
24		by reason of the provisions of this subsection are not
25		required to be allocated and provided to attendance centers
26		may be used and appropriated by the board of the district

SB3733 Engrossed - 871 - LRB096 19592 AMC 34984 b
1		for any lawful school purpose.
2		(e) Funds received by an attendance center pursuant to
3		this subsection shall be used by the attendance center at
4		the discretion of the principal and local school council
5		for programs to improve educational opportunities at
6		qualifying schools through the following programs and
7		services: early childhood education, reduced class size or
8		improved adult to student classroom ratio, enrichment
9		programs, remedial assistance, attendance improvement, and
10		other educationally beneficial expenditures which
11		supplement the regular and basic programs as determined by
12		the State Board of Education. Funds provided shall not be
13		expended for any political or lobbying purposes as defined
14		by board rule.
15		(f) Each district subject to the provisions of this
16		subdivision (H)(4) shall submit an acceptable plan to meet
17		the educational needs of disadvantaged children, in
18		compliance with the requirements of this paragraph, to the
19		State Board of Education prior to July 15 of each year.
20		This plan shall be consistent with the decisions of local
21		school councils concerning the school expenditure plans
22		developed in accordance with part 4 of Section 34-2.3. The
23		State Board shall approve or reject the plan within 60 days
24		after its submission. If the plan is rejected, the district
25		shall give written notice of intent to modify the plan
26		within 15 days of the notification of rejection and then

SB3733 Engrossed - 872 - LRB096 19592 AMC 34984 b
1		submit a modified plan within 30 days after the date of the
2		written notice of intent to modify. Districts may amend
3		approved plans pursuant to rules promulgated by the State
4		Board of Education.
5		Upon notification by the State Board of Education that
6		the district has not submitted a plan prior to July 15 or a
7		modified plan within the time period specified herein, the
8		State aid funds affected by that plan or modified plan
9		shall be withheld by the State Board of Education until a
10		plan or modified plan is submitted.
11		If the district fails to distribute State aid to
12		attendance centers in accordance with an approved plan, the
13		plan for the following year shall allocate funds, in
14		addition to the funds otherwise required by this
15		subsection, to those attendance centers which were
16		underfunded during the previous year in amounts equal to
17		such underfunding.
18		For purposes of determining compliance with this
19		subsection in relation to the requirements of attendance
20		center funding, each district subject to the provisions of
21		this subsection shall submit as a separate document by
22		December 1 of each year a report of expenditure data for
23		the prior year in addition to any modification of its
24		current plan. If it is determined that there has been a
25		failure to comply with the expenditure provisions of this
26		subsection regarding contravention or supplanting, the

SB3733 Engrossed - 873 - LRB096 19592 AMC 34984 b
1		State Superintendent of Education shall, within 60 days of
2		receipt of the report, notify the district and any affected
3		local school council. The district shall within 45 days of
4		receipt of that notification inform the State
5		Superintendent of Education of the remedial or corrective
6		action to be taken, whether by amendment of the current
7		plan, if feasible, or by adjustment in the plan for the
8		following year. Failure to provide the expenditure report
9		or the notification of remedial or corrective action in a
10		timely manner shall result in a withholding of the affected
11		funds.
12		The State Board of Education shall promulgate rules and
13		regulations to implement the provisions of this
14		subsection. No funds shall be released under this
15		subdivision (H)(4) to any district that has not submitted a
16		plan that has been approved by the State Board of
17		Education.
18		(I) (Blank).
19		(J) Supplementary Grants in Aid.
20		(1) Notwithstanding any other provisions of this Section,
21		the amount of the aggregate general State aid in combination
22		with supplemental general State aid under this Section for
23		which each school district is eligible shall be no less than
24		the amount of the aggregate general State aid entitlement that

SB3733 Engrossed - 874 - LRB096 19592 AMC 34984 b
1		was received by the district under Section 18-8 (exclusive of
2		amounts received under subsections 5(p) and 5(p-5) of that
3		Section) for the 1997-98 school year, pursuant to the
4		provisions of that Section as it was then in effect. If a
5		school district qualifies to receive a supplementary payment
6		made under this subsection (J), the amount of the aggregate
7		general State aid in combination with supplemental general
8		State aid under this Section which that district is eligible to
9		receive for each school year shall be no less than the amount
10		of the aggregate general State aid entitlement that was
11		received by the district under Section 18-8 (exclusive of
12		amounts received under subsections 5(p) and 5(p-5) of that
13		Section) for the 1997-1998 school year, pursuant to the
14		provisions of that Section as it was then in effect.
15		(2) If, as provided in paragraph (1) of this subsection
16		(J), a school district is to receive aggregate general State
17		aid in combination with supplemental general State aid under
18		this Section for the 1998-99 school year and any subsequent
19		school year that in any such school year is less than the
20		amount of the aggregate general State aid entitlement that the
21		district received for the 1997-98 school year, the school
22		district shall also receive, from a separate appropriation made
23		for purposes of this subsection (J), a supplementary payment
24		that is equal to the amount of the difference in the aggregate
25		State aid figures as described in paragraph (1).
26		(3) (Blank).

SB3733 Engrossed - 875 - LRB096 19592 AMC 34984 b
1		(K) Grants to Laboratory and Alternative Schools.
2		In calculating the amount to be paid to the governing board
3		of a public university that operates a laboratory school under
4		this Section or to any alternative school that is operated by a
5		regional superintendent of schools, the State Board of
6		Education shall require by rule such reporting requirements as
7		it deems necessary.
8		As used in this Section, "laboratory school" means a public
9		school which is created and operated by a public university and
10		approved by the State Board of Education. The governing board
11		of a public university which receives funds from the State
12		Board under this subsection (K) may not increase the number of
13		students enrolled in its laboratory school from a single
14		district, if that district is already sending 50 or more
15		students, except under a mutual agreement between the school
16		board of a student's district of residence and the university
17		which operates the laboratory school. A laboratory school may
18		not have more than 1,000 students, excluding students with
19		disabilities in a special education program.
20		As used in this Section, "alternative school" means a
21		public school which is created and operated by a Regional
22		Superintendent of Schools and approved by the State Board of
23		Education. Such alternative schools may offer courses of
24		instruction for which credit is given in regular school
25		programs, courses to prepare students for the high school

SB3733 Engrossed - 876 - LRB096 19592 AMC 34984 b
1		equivalency testing program or vocational and occupational
2		training. A regional superintendent of schools may contract
3		with a school district or a public community college district
4		to operate an alternative school. An alternative school serving
5		more than one educational service region may be established by
6		the regional superintendents of schools of the affected
7		educational service regions. An alternative school serving
8		more than one educational service region may be operated under
9		such terms as the regional superintendents of schools of those
10		educational service regions may agree.
11		Each laboratory and alternative school shall file, on forms
12		provided by the State Superintendent of Education, an annual
13		State aid claim which states the Average Daily Attendance of
14		the school's students by month. The best 3 months' Average
15		Daily Attendance shall be computed for each school. The general
16		State aid entitlement shall be computed by multiplying the
17		applicable Average Daily Attendance by the Foundation Level as
18		determined under this Section.
19		(L) Payments, Additional Grants in Aid and Other Requirements.
20		(1) For a school district operating under the financial
21		supervision of an Authority created under Article 34A, the
22		general State aid otherwise payable to that district under this
23		Section, but not the supplemental general State aid, shall be
24		reduced by an amount equal to the budget for the operations of
25		the Authority as certified by the Authority to the State Board

SB3733 Engrossed - 877 - LRB096 19592 AMC 34984 b
1		of Education, and an amount equal to such reduction shall be
2		paid to the Authority created for such district for its
3		operating expenses in the manner provided in Section 18-11. The
4		remainder of general State school aid for any such district
5		shall be paid in accordance with Article 34A when that Article
6		provides for a disposition other than that provided by this
7		Article.
8		(2) (Blank).
9		(3) Summer school. Summer school payments shall be made as
10		provided in Section 18-4.3.
11		(M) Education Funding Advisory Board.
12		The Education Funding Advisory Board, hereinafter in this
13		subsection (M) referred to as the "Board", is hereby created.
14		The Board shall consist of 5 members who are appointed by the
15		Governor, by and with the advice and consent of the Senate. The
16		members appointed shall include representatives of education,
17		business, and the general public. One of the members so
18		appointed shall be designated by the Governor at the time the
19		appointment is made as the chairperson of the Board. The
20		initial members of the Board may be appointed any time after
21		the effective date of this amendatory Act of 1997. The regular
22		term of each member of the Board shall be for 4 years from the
23		third Monday of January of the year in which the term of the
24		member's appointment is to commence, except that of the 5
25		initial members appointed to serve on the Board, the member who

SB3733 Engrossed - 878 - LRB096 19592 AMC 34984 b
1		is appointed as the chairperson shall serve for a term that
2		commences on the date of his or her appointment and expires on
3		the third Monday of January, 2002, and the remaining 4 members,
4		by lots drawn at the first meeting of the Board that is held
5		after all 5 members are appointed, shall determine 2 of their
6		number to serve for terms that commence on the date of their
7		respective appointments and expire on the third Monday of
8		January, 2001, and 2 of their number to serve for terms that
9		commence on the date of their respective appointments and
10		expire on the third Monday of January, 2000. All members
11		appointed to serve on the Board shall serve until their
12		respective successors are appointed and confirmed. Vacancies
13		shall be filled in the same manner as original appointments. If
14		a vacancy in membership occurs at a time when the Senate is not
15		in session, the Governor shall make a temporary appointment
16		until the next meeting of the Senate, when he or she shall
17		appoint, by and with the advice and consent of the Senate, a
18		person to fill that membership for the unexpired term. If the
19		Senate is not in session when the initial appointments are
20		made, those appointments shall be made as in the case of
21		vacancies.
22		The Education Funding Advisory Board shall be deemed
23		established, and the initial members appointed by the Governor
24		to serve as members of the Board shall take office, on the date
25		that the Governor makes his or her appointment of the fifth
26		initial member of the Board, whether those initial members are

SB3733 Engrossed - 879 - LRB096 19592 AMC 34984 b
1		then serving pursuant to appointment and confirmation or
2		pursuant to temporary appointments that are made by the
3		Governor as in the case of vacancies.
4		The State Board of Education shall provide such staff
5		assistance to the Education Funding Advisory Board as is
6		reasonably required for the proper performance by the Board of
7		its responsibilities.
8		For school years after the 2000-2001 school year, the
9		Education Funding Advisory Board, in consultation with the
10		State Board of Education, shall make recommendations as
11		provided in this subsection (M) to the General Assembly for the
12		foundation level under subdivision (B)(3) of this Section and
13		for the supplemental general State aid grant level under
14		subsection (H) of this Section for districts with high
15		concentrations of children from poverty. The recommended
16		foundation level shall be determined based on a methodology
17		which incorporates the basic education expenditures of
18		low-spending schools exhibiting high academic performance. The
19		Education Funding Advisory Board shall make such
20		recommendations to the General Assembly on January 1 of odd
21		numbered years, beginning January 1, 2001.
22		(N) (Blank).
23		(O) References.
24		(1) References in other laws to the various subdivisions of

SB3733 Engrossed - 880 - LRB096 19592 AMC 34984 b
1		Section 18-8 as that Section existed before its repeal and
2		replacement by this Section 18-8.05 shall be deemed to refer to
3		the corresponding provisions of this Section 18-8.05, to the
4		extent that those references remain applicable.
5		(2) References in other laws to State Chapter 1 funds shall
6		be deemed to refer to the supplemental general State aid
7		provided under subsection (H) of this Section.
8		(P) Public Act 93-838 and Public Act 93-808 make inconsistent
9		changes to this Section. Under Section 6 of the Statute on
10		Statutes there is an irreconcilable conflict between Public Act
11		93-808 and Public Act 93-838. Public Act 93-838, being the last
12		acted upon, is controlling. The text of Public Act 93-838 is
13		the law regardless of the text of Public Act 93-808.
14		(Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
15		95-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
16		8-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
17		8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; revised
18		10-23-09.)
19		(105 ILCS 5/19-1)
20		Sec. 19-1. Debt limitations of school districts.
21		(a) School districts shall not be subject to the provisions
22		limiting their indebtedness prescribed in "An Act to limit the
23		indebtedness of counties having a population of less than
24		500,000 and townships, school districts and other municipal

SB3733 Engrossed - 881 - LRB096 19592 AMC 34984 b
1		corporations having a population of less than 300,000",
2		approved February 15, 1928, as amended.
3		No school districts maintaining grades K through 8 or 9
4		through 12 shall become indebted in any manner or for any
5		purpose to an amount, including existing indebtedness, in the
6		aggregate exceeding 6.9% on the value of the taxable property
7		therein to be ascertained by the last assessment for State and
8		county taxes or, until January 1, 1983, if greater, the sum
9		that is produced by multiplying the school district's 1978
10		equalized assessed valuation by the debt limitation percentage
11		in effect on January 1, 1979, previous to the incurring of such
12		indebtedness.
13		No school districts maintaining grades K through 12 shall
14		become indebted in any manner or for any purpose to an amount,
15		including existing indebtedness, in the aggregate exceeding
16		13.8% on the value of the taxable property therein to be
17		ascertained by the last assessment for State and county taxes
18		or, until January 1, 1983, if greater, the sum that is produced
19		by multiplying the school district's 1978 equalized assessed
20		valuation by the debt limitation percentage in effect on
21		January 1, 1979, previous to the incurring of such
22		indebtedness.
23		No partial elementary unit district, as defined in Article
24		11E of this Code, shall become indebted in any manner or for
25		any purpose in an amount, including existing indebtedness, in
26		the aggregate exceeding 6.9% of the value of the taxable

SB3733 Engrossed - 882 - LRB096 19592 AMC 34984 b
1		property of the entire district, to be ascertained by the last
2		assessment for State and county taxes, plus an amount,
3		including existing indebtedness, in the aggregate exceeding
4		6.9% of the value of the taxable property of that portion of
5		the district included in the elementary and high school
6		classification, to be ascertained by the last assessment for
7		State and county taxes. Moreover, no partial elementary unit
8		district, as defined in Article 11E of this Code, shall become
9		indebted on account of bonds issued by the district for high
10		school purposes in the aggregate exceeding 6.9% of the value of
11		the taxable property of the entire district, to be ascertained
12		by the last assessment for State and county taxes, nor shall
13		the district become indebted on account of bonds issued by the
14		district for elementary purposes in the aggregate exceeding
15		6.9% of the value of the taxable property for that portion of
16		the district included in the elementary and high school
17		classification, to be ascertained by the last assessment for
18		State and county taxes.
19		Notwithstanding the provisions of any other law to the
20		contrary, in any case in which the voters of a school district
21		have approved a proposition for the issuance of bonds of such
22		school district at an election held prior to January 1, 1979,
23		and all of the bonds approved at such election have not been
24		issued, the debt limitation applicable to such school district
25		during the calendar year 1979 shall be computed by multiplying
26		the value of taxable property therein, including personal

SB3733 Engrossed - 883 - LRB096 19592 AMC 34984 b
1		property, as ascertained by the last assessment for State and
2		county taxes, previous to the incurring of such indebtedness,
3		by the percentage limitation applicable to such school district
4		under the provisions of this subsection (a).
5		(b) Notwithstanding the debt limitation prescribed in
6		subsection (a) of this Section, additional indebtedness may be
7		incurred in an amount not to exceed the estimated cost of
8		acquiring or improving school sites or constructing and
9		equipping additional building facilities under the following
10		conditions:
11		(1) Whenever the enrollment of students for the next
12		school year is estimated by the board of education to
13		increase over the actual present enrollment by not less
14		than 35% or by not less than 200 students or the actual
15		present enrollment of students has increased over the
16		previous school year by not less than 35% or by not less
17		than 200 students and the board of education determines
18		that additional school sites or building facilities are
19		required as a result of such increase in enrollment; and
20		(2) When the Regional Superintendent of Schools having
21		jurisdiction over the school district and the State
22		Superintendent of Education concur in such enrollment
23		projection or increase and approve the need for such
24		additional school sites or building facilities and the
25		estimated cost thereof; and
26		(3) When the voters in the school district approve a

SB3733 Engrossed - 884 - LRB096 19592 AMC 34984 b
1		proposition for the issuance of bonds for the purpose of
2		acquiring or improving such needed school sites or
3		constructing and equipping such needed additional building
4		facilities at an election called and held for that purpose.
5		Notice of such an election shall state that the amount of
6		indebtedness proposed to be incurred would exceed the debt
7		limitation otherwise applicable to the school district.
8		The ballot for such proposition shall state what percentage
9		of the equalized assessed valuation will be outstanding in
10		bonds if the proposed issuance of bonds is approved by the
11		voters; or
12		(4) Notwithstanding the provisions of paragraphs (1)
13		through (3) of this subsection (b), if the school board
14		determines that additional facilities are needed to
15		provide a quality educational program and not less than 2/3
16		of those voting in an election called by the school board
17		on the question approve the issuance of bonds for the
18		construction of such facilities, the school district may
19		issue bonds for this purpose; or
20		(5) Notwithstanding the provisions of paragraphs (1)
21		through (3) of this subsection (b), if (i) the school
22		district has previously availed itself of the provisions of
23		paragraph (4) of this subsection (b) to enable it to issue
24		bonds, (ii) the voters of the school district have not
25		defeated a proposition for the issuance of bonds since the
26		referendum described in paragraph (4) of this subsection

SB3733 Engrossed - 885 - LRB096 19592 AMC 34984 b
1		(b) was held, (iii) the school board determines that
2		additional facilities are needed to provide a quality
3		educational program, and (iv) a majority of those voting in
4		an election called by the school board on the question
5		approve the issuance of bonds for the construction of such
6		facilities, the school district may issue bonds for this
7		purpose.
8		In no event shall the indebtedness incurred pursuant to
9		this subsection (b) and the existing indebtedness of the school
10		district exceed 15% of the value of the taxable property
11		therein to be ascertained by the last assessment for State and
12		county taxes, previous to the incurring of such indebtedness
13		or, until January 1, 1983, if greater, the sum that is produced
14		by multiplying the school district's 1978 equalized assessed
15		valuation by the debt limitation percentage in effect on
16		January 1, 1979.
17		The indebtedness provided for by this subsection (b) shall
18		be in addition to and in excess of any other debt limitation.
19		(c) Notwithstanding the debt limitation prescribed in
20		subsection (a) of this Section, in any case in which a public
21		question for the issuance of bonds of a proposed school
22		district maintaining grades kindergarten through 12 received
23		at least 60% of the valid ballots cast on the question at an
24		election held on or prior to November 8, 1994, and in which the
25		bonds approved at such election have not been issued, the
26		school district pursuant to the requirements of Section 11A-10

SB3733 Engrossed - 886 - LRB096 19592 AMC 34984 b
1		(now repealed) may issue the total amount of bonds approved at
2		such election for the purpose stated in the question.
3		(d) Notwithstanding the debt limitation prescribed in
4		subsection (a) of this Section, a school district that meets
5		all the criteria set forth in paragraphs (1) and (2) of this
6		subsection (d) may incur an additional indebtedness in an
7		amount not to exceed $4,500,000, even though the amount of the
8		additional indebtedness authorized by this subsection (d),
9		when incurred and added to the aggregate amount of indebtedness
10		of the district existing immediately prior to the district
11		incurring the additional indebtedness authorized by this
12		subsection (d), causes the aggregate indebtedness of the
13		district to exceed the debt limitation otherwise applicable to
14		that district under subsection (a):
15		(1) The additional indebtedness authorized by this
16		subsection (d) is incurred by the school district through
17		the issuance of bonds under and in accordance with Section
18		17-2.11a for the purpose of replacing a school building
19		which, because of mine subsidence damage, has been closed
20		as provided in paragraph (2) of this subsection (d) or
21		through the issuance of bonds under and in accordance with
22		Section 19-3 for the purpose of increasing the size of, or
23		providing for additional functions in, such replacement
24		school buildings, or both such purposes.
25		(2) The bonds issued by the school district as provided
26		in paragraph (1) above are issued for the purposes of

SB3733 Engrossed - 887 - LRB096 19592 AMC 34984 b
1		construction by the school district of a new school
2		building pursuant to Section 17-2.11, to replace an
3		existing school building that, because of mine subsidence
4		damage, is closed as of the end of the 1992-93 school year
5		pursuant to action of the regional superintendent of
6		schools of the educational service region in which the
7		district is located under Section 3-14.22 or are issued for
8		the purpose of increasing the size of, or providing for
9		additional functions in, the new school building being
10		constructed to replace a school building closed as the
11		result of mine subsidence damage, or both such purposes.
12		(e) (Blank).
13		(f) Notwithstanding the provisions of subsection (a) of
14		this Section or of any other law, bonds in not to exceed the
15		aggregate amount of $5,500,000 and issued by a school district
16		meeting the following criteria shall not be considered
17		indebtedness for purposes of any statutory limitation and may
18		be issued in an amount or amounts, including existing
19		indebtedness, in excess of any heretofore or hereafter imposed
20		statutory limitation as to indebtedness:
21		(1) At the time of the sale of such bonds, the board of
22		education of the district shall have determined by
23		resolution that the enrollment of students in the district
24		is projected to increase by not less than 7% during each of
25		the next succeeding 2 school years.
26		(2) The board of education shall also determine by

SB3733 Engrossed - 888 - LRB096 19592 AMC 34984 b
1		resolution that the improvements to be financed with the
2		proceeds of the bonds are needed because of the projected
3		enrollment increases.
4		(3) The board of education shall also determine by
5		resolution that the projected increases in enrollment are
6		the result of improvements made or expected to be made to
7		passenger rail facilities located in the school district.
8		Notwithstanding the provisions of subsection (a) of this
9		Section or of any other law, a school district that has availed
10		itself of the provisions of this subsection (f) prior to July
11		22, 2004 (the effective date of Public Act 93-799) may also
12		issue bonds approved by referendum up to an amount, including
13		existing indebtedness, not exceeding 25% of the equalized
14		assessed value of the taxable property in the district if all
15		of the conditions set forth in items (1), (2), and (3) of this
16		subsection (f) are met.
17		(g) Notwithstanding the provisions of subsection (a) of
18		this Section or any other law, bonds in not to exceed an
19		aggregate amount of 25% of the equalized assessed value of the
20		taxable property of a school district and issued by a school
21		district meeting the criteria in paragraphs (i) through (iv) of
22		this subsection shall not be considered indebtedness for
23		purposes of any statutory limitation and may be issued pursuant
24		to resolution of the school board in an amount or amounts,
25		including existing indebtedness, in excess of any statutory
26		limitation of indebtedness heretofore or hereafter imposed:

SB3733 Engrossed - 889 - LRB096 19592 AMC 34984 b
1		(i) The bonds are issued for the purpose of
2		constructing a new high school building to replace two
3		adjacent existing buildings which together house a single
4		high school, each of which is more than 65 years old, and
5		which together are located on more than 10 acres and less
6		than 11 acres of property.
7		(ii) At the time the resolution authorizing the
8		issuance of the bonds is adopted, the cost of constructing
9		a new school building to replace the existing school
10		building is less than 60% of the cost of repairing the
11		existing school building.
12		(iii) The sale of the bonds occurs before July 1, 1997.
13		(iv) The school district issuing the bonds is a unit
14		school district located in a county of less than 70,000 and
15		more than 50,000 inhabitants, which has an average daily
16		attendance of less than 1,500 and an equalized assessed
17		valuation of less than $29,000,000.
18		(h) Notwithstanding any other provisions of this Section or
19		the provisions of any other law, until January 1, 1998, a
20		community unit school district maintaining grades K through 12
21		may issue bonds up to an amount, including existing
22		indebtedness, not exceeding 27.6% of the equalized assessed
23		value of the taxable property in the district, if all of the
24		following conditions are met:
25		(i) The school district has an equalized assessed
26		valuation for calendar year 1995 of less than $24,000,000;

SB3733 Engrossed - 890 - LRB096 19592 AMC 34984 b
1		(ii) The bonds are issued for the capital improvement,
2		renovation, rehabilitation, or replacement of existing
3		school buildings of the district, all of which buildings
4		were originally constructed not less than 40 years ago;
5		(iii) The voters of the district approve a proposition
6		for the issuance of the bonds at a referendum held after
7		March 19, 1996; and
8		(iv) The bonds are issued pursuant to Sections 19-2
9		through 19-7 of this Code.
10		(i) Notwithstanding any other provisions of this Section or
11		the provisions of any other law, until January 1, 1998, a
12		community unit school district maintaining grades K through 12
13		may issue bonds up to an amount, including existing
14		indebtedness, not exceeding 27% of the equalized assessed value
15		of the taxable property in the district, if all of the
16		following conditions are met:
17		(i) The school district has an equalized assessed
18		valuation for calendar year 1995 of less than $44,600,000;
19		(ii) The bonds are issued for the capital improvement,
20		renovation, rehabilitation, or replacement of existing
21		school buildings of the district, all of which existing
22		buildings were originally constructed not less than 80
23		years ago;
24		(iii) The voters of the district approve a proposition
25		for the issuance of the bonds at a referendum held after
26		December 31, 1996; and

SB3733 Engrossed - 891 - LRB096 19592 AMC 34984 b
1		(iv) The bonds are issued pursuant to Sections 19-2
2		through 19-7 of this Code.
3		(j) Notwithstanding any other provisions of this Section or
4		the provisions of any other law, until January 1, 1999, a
5		community unit school district maintaining grades K through 12
6		may issue bonds up to an amount, including existing
7		indebtedness, not exceeding 27% of the equalized assessed value
8		of the taxable property in the district if all of the following
9		conditions are met:
10		(i) The school district has an equalized assessed
11		valuation for calendar year 1995 of less than $140,000,000
12		and a best 3 months average daily attendance for the
13		1995-96 school year of at least 2,800;
14		(ii) The bonds are issued to purchase a site and build
15		and equip a new high school, and the school district's
16		existing high school was originally constructed not less
17		than 35 years prior to the sale of the bonds;
18		(iii) At the time of the sale of the bonds, the board
19		of education determines by resolution that a new high
20		school is needed because of projected enrollment
21		increases;
22		(iv) At least 60% of those voting in an election held
23		after December 31, 1996 approve a proposition for the
24		issuance of the bonds; and
25		(v) The bonds are issued pursuant to Sections 19-2
26		through 19-7 of this Code.

SB3733 Engrossed - 892 - LRB096 19592 AMC 34984 b
1		(k) Notwithstanding the debt limitation prescribed in
2		subsection (a) of this Section, a school district that meets
3		all the criteria set forth in paragraphs (1) through (4) of
4		this subsection (k) may issue bonds to incur an additional
5		indebtedness in an amount not to exceed $4,000,000 even though
6		the amount of the additional indebtedness authorized by this
7		subsection (k), when incurred and added to the aggregate amount
8		of indebtedness of the school district existing immediately
9		prior to the school district incurring such additional
10		indebtedness, causes the aggregate indebtedness of the school
11		district to exceed or increases the amount by which the
12		aggregate indebtedness of the district already exceeds the debt
13		limitation otherwise applicable to that school district under
14		subsection (a):
15		(1) the school district is located in 2 counties, and a
16		referendum to authorize the additional indebtedness was
17		approved by a majority of the voters of the school district
18		voting on the proposition to authorize that indebtedness;
19		(2) the additional indebtedness is for the purpose of
20		financing a multi-purpose room addition to the existing
21		high school;
22		(3) the additional indebtedness, together with the
23		existing indebtedness of the school district, shall not
24		exceed 17.4% of the value of the taxable property in the
25		school district, to be ascertained by the last assessment
26		for State and county taxes; and

SB3733 Engrossed - 893 - LRB096 19592 AMC 34984 b
1		(4) the bonds evidencing the additional indebtedness
2		are issued, if at all, within 120 days of the effective
3		date of this amendatory Act of 1998.
4		(l) Notwithstanding any other provisions of this Section or
5		the provisions of any other law, until January 1, 2000, a
6		school district maintaining grades kindergarten through 8 may
7		issue bonds up to an amount, including existing indebtedness,
8		not exceeding 15% of the equalized assessed value of the
9		taxable property in the district if all of the following
10		conditions are met:
11		(i) the district has an equalized assessed valuation
12		for calendar year 1996 of less than $10,000,000;
13		(ii) the bonds are issued for capital improvement,
14		renovation, rehabilitation, or replacement of one or more
15		school buildings of the district, which buildings were
16		originally constructed not less than 70 years ago;
17		(iii) the voters of the district approve a proposition
18		for the issuance of the bonds at a referendum held on or
19		after March 17, 1998; and
20		(iv) the bonds are issued pursuant to Sections 19-2
21		through 19-7 of this Code.
22		(m) Notwithstanding any other provisions of this Section or
23		the provisions of any other law, until January 1, 1999, an
24		elementary school district maintaining grades K through 8 may
25		issue bonds up to an amount, excluding existing indebtedness,
26		not exceeding 18% of the equalized assessed value of the

SB3733 Engrossed - 894 - LRB096 19592 AMC 34984 b
1		taxable property in the district, if all of the following
2		conditions are met:
3		(i) The school district has an equalized assessed
4		valuation for calendar year 1995 or less than $7,700,000;
5		(ii) The school district operates 2 elementary
6		attendance centers that until 1976 were operated as the
7		attendance centers of 2 separate and distinct school
8		districts;
9		(iii) The bonds are issued for the construction of a
10		new elementary school building to replace an existing
11		multi-level elementary school building of the school
12		district that is not handicapped accessible at all levels
13		and parts of which were constructed more than 75 years ago;
14		(iv) The voters of the school district approve a
15		proposition for the issuance of the bonds at a referendum
16		held after July 1, 1998; and
17		(v) The bonds are issued pursuant to Sections 19-2
18		through 19-7 of this Code.
19		(n) Notwithstanding the debt limitation prescribed in
20		subsection (a) of this Section or any other provisions of this
21		Section or of any other law, a school district that meets all
22		of the criteria set forth in paragraphs (i) through (vi) of
23		this subsection (n) may incur additional indebtedness by the
24		issuance of bonds in an amount not exceeding the amount
25		certified by the Capital Development Board to the school
26		district as provided in paragraph (iii) of this subsection (n),

SB3733 Engrossed - 895 - LRB096 19592 AMC 34984 b
1		even though the amount of the additional indebtedness so
2		authorized, when incurred and added to the aggregate amount of
3		indebtedness of the district existing immediately prior to the
4		district incurring the additional indebtedness authorized by
5		this subsection (n), causes the aggregate indebtedness of the
6		district to exceed the debt limitation otherwise applicable by
7		law to that district:
8		(i) The school district applies to the State Board of
9		Education for a school construction project grant and
10		submits a district facilities plan in support of its
11		application pursuant to Section 5-20 of the School
12		Construction Law.
13		(ii) The school district's application and facilities
14		plan are approved by, and the district receives a grant
15		entitlement for a school construction project issued by,
16		the State Board of Education under the School Construction
17		Law.
18		(iii) The school district has exhausted its bonding
19		capacity or the unused bonding capacity of the district is
20		less than the amount certified by the Capital Development
21		Board to the district under Section 5-15 of the School
22		Construction Law as the dollar amount of the school
23		construction project's cost that the district will be
24		required to finance with non-grant funds in order to
25		receive a school construction project grant under the
26		School Construction Law.

SB3733 Engrossed - 896 - LRB096 19592 AMC 34984 b
1		(iv) The bonds are issued for a "school construction
2		project", as that term is defined in Section 5-5 of the
3		School Construction Law, in an amount that does not exceed
4		the dollar amount certified, as provided in paragraph (iii)
5		of this subsection (n), by the Capital Development Board to
6		the school district under Section 5-15 of the School
7		Construction Law.
8		(v) The voters of the district approve a proposition
9		for the issuance of the bonds at a referendum held after
10		the criteria specified in paragraphs (i) and (iii) of this
11		subsection (n) are met.
12		(vi) The bonds are issued pursuant to Sections 19-2
13		through 19-7 of the School Code.
14		(o) Notwithstanding any other provisions of this Section or
15		the provisions of any other law, until November 1, 2007, a
16		community unit school district maintaining grades K through 12
17		may issue bonds up to an amount, including existing
18		indebtedness, not exceeding 20% of the equalized assessed value
19		of the taxable property in the district if all of the following
20		conditions are met:
21		(i) the school district has an equalized assessed
22		valuation for calendar year 2001 of at least $737,000,000
23		and an enrollment for the 2002-2003 school year of at least
24		8,500;
25		(ii) the bonds are issued to purchase school sites,
26		build and equip a new high school, build and equip a new

SB3733 Engrossed - 897 - LRB096 19592 AMC 34984 b
1		junior high school, build and equip 5 new elementary
2		schools, and make technology and other improvements and
3		additions to existing schools;
4		(iii) at the time of the sale of the bonds, the board
5		of education determines by resolution that the sites and
6		new or improved facilities are needed because of projected
7		enrollment increases;
8		(iv) at least 57% of those voting in a general election
9		held prior to January 1, 2003 approved a proposition for
10		the issuance of the bonds; and
11		(v) the bonds are issued pursuant to Sections 19-2
12		through 19-7 of this Code.
13		(p) Notwithstanding any other provisions of this Section or
14		the provisions of any other law, a community unit school
15		district maintaining grades K through 12 may issue bonds up to
16		an amount, including indebtedness, not exceeding 27% of the
17		equalized assessed value of the taxable property in the
18		district if all of the following conditions are met:
19		(i) The school district has an equalized assessed
20		valuation for calendar year 2001 of at least $295,741,187
21		and a best 3 months' average daily attendance for the
22		2002-2003 school year of at least 2,394.
23		(ii) The bonds are issued to build and equip 3
24		elementary school buildings; build and equip one middle
25		school building; and alter, repair, improve, and equip all
26		existing school buildings in the district.

SB3733 Engrossed - 898 - LRB096 19592 AMC 34984 b
1		(iii) At the time of the sale of the bonds, the board
2		of education determines by resolution that the project is
3		needed because of expanding growth in the school district
4		and a projected enrollment increase.
5		(iv) The bonds are issued pursuant to Sections 19-2
6		through 19-7 of this Code.
7		(p-5) Notwithstanding any other provisions of this Section
8		or the provisions of any other law, bonds issued by a community
9		unit school district maintaining grades K through 12 shall not
10		be considered indebtedness for purposes of any statutory
11		limitation and may be issued in an amount or amounts, including
12		existing indebtedness, in excess of any heretofore or hereafter
13		imposed statutory limitation as to indebtedness, if all of the
14		following conditions are met:
15		(i) For each of the 4 most recent years, residential
16		property comprises more than 80% of the equalized assessed
17		valuation of the district.
18		(ii) At least 2 school buildings that were constructed
19		40 or more years prior to the issuance of the bonds will be
20		demolished and will be replaced by new buildings or
21		additions to one or more existing buildings.
22		(iii) Voters of the district approve a proposition for
23		the issuance of the bonds at a regularly scheduled
24		election.
25		(iv) At the time of the sale of the bonds, the school
26		board determines by resolution that the new buildings or

SB3733 Engrossed - 899 - LRB096 19592 AMC 34984 b
1		building additions are needed because of an increase in
2		enrollment projected by the school board.
3		(v) The principal amount of the bonds, including
4		existing indebtedness, does not exceed 25% of the equalized
5		assessed value of the taxable property in the district.
6		(vi) The bonds are issued prior to January 1, 2007,
7		pursuant to Sections 19-2 through 19-7 of this Code.
8		(p-10) Notwithstanding any other provisions of this
9		Section or the provisions of any other law, bonds issued by a
10		community consolidated school district maintaining grades K
11		through 8 shall not be considered indebtedness for purposes of
12		any statutory limitation and may be issued in an amount or
13		amounts, including existing indebtedness, in excess of any
14		heretofore or hereafter imposed statutory limitation as to
15		indebtedness, if all of the following conditions are met:
16		(i) For each of the 4 most recent years, residential
17		and farm property comprises more than 80% of the equalized
18		assessed valuation of the district.
19		(ii) The bond proceeds are to be used to acquire and
20		improve school sites and build and equip a school building.
21		(iii) Voters of the district approve a proposition for
22		the issuance of the bonds at a regularly scheduled
23		election.
24		(iv) At the time of the sale of the bonds, the school
25		board determines by resolution that the school sites and
26		building additions are needed because of an increase in

SB3733 Engrossed - 900 - LRB096 19592 AMC 34984 b
1		enrollment projected by the school board.
2		(v) The principal amount of the bonds, including
3		existing indebtedness, does not exceed 20% of the equalized
4		assessed value of the taxable property in the district.
5		(vi) The bonds are issued prior to January 1, 2007,
6		pursuant to Sections 19-2 through 19-7 of this Code.
7		(p-15) In addition to all other authority to issue bonds,
8		the Oswego Community Unit School District Number 308 may issue
9		bonds with an aggregate principal amount not to exceed
10		$450,000,000, but only if all of the following conditions are
11		met:
12		(i) The voters of the district have approved a
13		proposition for the bond issue at the general election held
14		on November 7, 2006.
15		(ii) At the time of the sale of the bonds, the school
16		board determines, by resolution, that: (A) the building and
17		equipping of the new high school building, new junior high
18		school buildings, new elementary school buildings, early
19		childhood building, maintenance building, transportation
20		facility, and additions to existing school buildings, the
21		altering, repairing, equipping, and provision of
22		technology improvements to existing school buildings, and
23		the acquisition and improvement of school sites, as the
24		case may be, are required as a result of a projected
25		increase in the enrollment of students in the district; and
26		(B) the sale of bonds for these purposes is authorized by

SB3733 Engrossed - 901 - LRB096 19592 AMC 34984 b
1		legislation that exempts the debt incurred on the bonds
2		from the district's statutory debt limitation.
3		(iii) The bonds are issued, in one or more bond issues,
4		on or before November 7, 2011, but the aggregate principal
5		amount issued in all such bond issues combined must not
6		exceed $450,000,000.
7		(iv) The bonds are issued in accordance with this
8		Article 19.
9		(v) The proceeds of the bonds are used only to
10		accomplish those projects approved by the voters at the
11		general election held on November 7, 2006.
12		The debt incurred on any bonds issued under this subsection
13		(p-15) shall not be considered indebtedness for purposes of any
14		statutory debt limitation.
15		(p-20) In addition to all other authority to issue bonds,
16		the Lincoln-Way Community High School District Number 210 may
17		issue bonds with an aggregate principal amount not to exceed
18		$225,000,000, but only if all of the following conditions are
19		met:
20		(i) The voters of the district have approved a
21		proposition for the bond issue at the general primary
22		election held on March 21, 2006.
23		(ii) At the time of the sale of the bonds, the school
24		board determines, by resolution, that: (A) the building and
25		equipping of the new high school buildings, the altering,
26		repairing, and equipping of existing school buildings, and

SB3733 Engrossed - 902 - LRB096 19592 AMC 34984 b
1		the improvement of school sites, as the case may be, are
2		required as a result of a projected increase in the
3		enrollment of students in the district; and (B) the sale of
4		bonds for these purposes is authorized by legislation that
5		exempts the debt incurred on the bonds from the district's
6		statutory debt limitation.
7		(iii) The bonds are issued, in one or more bond issues,
8		on or before March 21, 2011, but the aggregate principal
9		amount issued in all such bond issues combined must not
10		exceed $225,000,000.
11		(iv) The bonds are issued in accordance with this
12		Article 19.
13		(v) The proceeds of the bonds are used only to
14		accomplish those projects approved by the voters at the
15		primary election held on March 21, 2006.
16		The debt incurred on any bonds issued under this subsection
17		(p-20) shall not be considered indebtedness for purposes of any
18		statutory debt limitation.
19		(p-25) In addition to all other authority to issue bonds,
20		Rochester Community Unit School District 3A may issue bonds
21		with an aggregate principal amount not to exceed $18,500,000,
22		but only if all of the following conditions are met:
23		(i) The voters of the district approve a proposition
24		for the bond issuance at the general primary election held
25		in 2008.
26		(ii) At the time of the sale of the bonds, the school

SB3733 Engrossed - 903 - LRB096 19592 AMC 34984 b
1		board determines, by resolution, that: (A) the building and
2		equipping of a new high school building; the addition of
3		classrooms and support facilities at the high school,
4		middle school, and elementary school; the altering,
5		repairing, and equipping of existing school buildings; and
6		the improvement of school sites, as the case may be, are
7		required as a result of a projected increase in the
8		enrollment of students in the district; and (B) the sale of
9		bonds for these purposes is authorized by a law that
10		exempts the debt incurred on the bonds from the district's
11		statutory debt limitation.
12		(iii) The bonds are issued, in one or more bond issues,
13		on or before December 31, 2012, but the aggregate principal
14		amount issued in all such bond issues combined must not
15		exceed $18,500,000.
16		(iv) The bonds are issued in accordance with this
17		Article 19.
18		(v) The proceeds of the bonds are used to accomplish
19		only those projects approved by the voters at the primary
20		election held in 2008.
21		The debt incurred on any bonds issued under this subsection
22		(p-25) shall not be considered indebtedness for purposes of any
23		statutory debt limitation.
24		(p-30) In addition to all other authority to issue bonds,
25		Prairie Grove Consolidated School District 46 may issue bonds
26		with an aggregate principal amount not to exceed $30,000,000,

SB3733 Engrossed - 904 - LRB096 19592 AMC 34984 b
1		but only if all of the following conditions are met:
2		(i) The voters of the district approve a proposition
3		for the bond issuance at an election held in 2008.
4		(ii) At the time of the sale of the bonds, the school
5		board determines, by resolution, that (A) the building and
6		equipping of a new school building and additions to
7		existing school buildings are required as a result of a
8		projected increase in the enrollment of students in the
9		district and (B) the altering, repairing, and equipping of
10		existing school buildings are required because of the age
11		of the existing school buildings.
12		(iii) The bonds are issued, in one or more bond
13		issuances, on or before December 31, 2012; however, the
14		aggregate principal amount issued in all such bond
15		issuances combined must not exceed $30,000,000.
16		(iv) The bonds are issued in accordance with this
17		Article.
18		(v) The proceeds of the bonds are used to accomplish
19		only those projects approved by the voters at an election
20		held in 2008.
21		The debt incurred on any bonds issued under this subsection
22		(p-30) shall not be considered indebtedness for purposes of any
23		statutory debt limitation.
24		(p-35) In addition to all other authority to issue bonds,
25		Prairie Hill Community Consolidated School District 133 may
26		issue bonds with an aggregate principal amount not to exceed

SB3733 Engrossed - 905 - LRB096 19592 AMC 34984 b
1		$13,900,000, but only if all of the following conditions are
2		met:
3		(i) The voters of the district approved a proposition
4		for the bond issuance at an election held on April 17,
5		2007.
6		(ii) At the time of the sale of the bonds, the school
7		board determines, by resolution, that (A) the improvement
8		of the site of and the building and equipping of a school
9		building are required as a result of a projected increase
10		in the enrollment of students in the district and (B) the
11		repairing and equipping of the Prairie Hill Elementary
12		School building is required because of the age of that
13		school building.
14		(iii) The bonds are issued, in one or more bond
15		issuances, on or before December 31, 2011, but the
16		aggregate principal amount issued in all such bond
17		issuances combined must not exceed $13,900,000.
18		(iv) The bonds are issued in accordance with this
19		Article.
20		(v) The proceeds of the bonds are used to accomplish
21		only those projects approved by the voters at an election
22		held on April 17, 2007.
23		The debt incurred on any bonds issued under this subsection
24		(p-35) shall not be considered indebtedness for purposes of any
25		statutory debt limitation.
26		(p-40) In addition to all other authority to issue bonds,

SB3733 Engrossed - 906 - LRB096 19592 AMC 34984 b
1		Mascoutah Community Unit District 19 may issue bonds with an
2		aggregate principal amount not to exceed $55,000,000, but only
3		if all of the following conditions are met:
4		(1) The voters of the district approve a proposition
5		for the bond issuance at a regular election held on or
6		after November 4, 2008.
7		(2) At the time of the sale of the bonds, the school
8		board determines, by resolution, that (i) the building and
9		equipping of a new high school building is required as a
10		result of a projected increase in the enrollment of
11		students in the district and the age and condition of the
12		existing high school building, (ii) the existing high
13		school building will be demolished, and (iii) the sale of
14		bonds is authorized by statute that exempts the debt
15		incurred on the bonds from the district's statutory debt
16		limitation.
17		(3) The bonds are issued, in one or more bond
18		issuances, on or before December 31, 2011, but the
19		aggregate principal amount issued in all such bond
20		issuances combined must not exceed $55,000,000.
21		(4) The bonds are issued in accordance with this
22		Article.
23		(5) The proceeds of the bonds are used to accomplish
24		only those projects approved by the voters at a regular
25		election held on or after November 4, 2008.
26		The debt incurred on any bonds issued under this subsection

SB3733 Engrossed - 907 - LRB096 19592 AMC 34984 b
1		(p-40) shall not be considered indebtedness for purposes of any
2		statutory debt limitation.
3		(p-45) Notwithstanding the provisions of subsection (a) of
4		this Section or of any other law, bonds issued pursuant to
5		Section 19-3.5 of this Code shall not be considered
6		indebtedness for purposes of any statutory limitation if the
7		bonds are issued in an amount or amounts, including existing
8		indebtedness of the school district, not in excess of 18.5% of
9		the value of the taxable property in the district to be
10		ascertained by the last assessment for State and county taxes.
11		(p-50) Notwithstanding the provisions of subsection (a) of
12		this Section or of any other law, bonds issued pursuant to
13		Section 19-3.10 of this Code shall not be considered
14		indebtedness for purposes of any statutory limitation if the
15		bonds are issued in an amount or amounts, including existing
16		indebtedness of the school district, not in excess of 43% of
17		the value of the taxable property in the district to be
18		ascertained by the last assessment for State and county taxes.
19		(p-55) (p-45) In addition to all other authority to issue
20		bonds, Belle Valley School District 119 may issue bonds with an
21		aggregate principal amount not to exceed $47,500,000, but only
22		if all of the following conditions are met:
23		(1) The voters of the district approve a proposition
24		for the bond issuance at an election held on or after April
25		7, 2009.
26		(2) Prior to the issuance of the bonds, the school

SB3733 Engrossed - 908 - LRB096 19592 AMC 34984 b
1		board determines, by resolution, that (i) the building and
2		equipping of a new school building is required as a result
3		of mine subsidence in an existing school building and
4		because of the age and condition of another existing school
5		building and (ii) the issuance of bonds is authorized by
6		statute that exempts the debt incurred on the bonds from
7		the district's statutory debt limitation.
8		(3) The bonds are issued, in one or more bond
9		issuances, on or before March 31, 2014, but the aggregate
10		principal amount issued in all such bond issuances combined
11		must not exceed $47,500,000.
12		(4) The bonds are issued in accordance with this
13		Article.
14		(5) The proceeds of the bonds are used to accomplish
15		only those projects approved by the voters at an election
16		held on or after April 7, 2009.
17		The debt incurred on any bonds issued under this subsection
18		(p-55) (p-45) shall not be considered indebtedness for purposes
19		of any statutory debt limitation. Bonds issued under this
20		subsection (p-55) (p-45) must mature within not to exceed 30
21		years from their date, notwithstanding any other law to the
22		contrary.
23		(q) A school district must notify the State Board of
24		Education prior to issuing any form of long-term or short-term
25		debt that will result in outstanding debt that exceeds 75% of
26		the debt limit specified in this Section or any other provision

SB3733 Engrossed - 909 - LRB096 19592 AMC 34984 b
1		of law.
2		(Source: P.A. 95-331, eff. 8-21-07; 95-594, eff. 9-10-07;
3		95-792, eff. 1-1-09; 96-63, eff. 7-23-09; 96-273, eff. 8-11-09;
4		96-517, eff. 8-14-09; revised 9-15-09.)
5		(105 ILCS 5/22-50)
6		Sec. 22-50. Twice-exceptional children; recommendations.
7		The State Advisory Council on the Education of Children with
8		Disabilities and the Advisory Council on the Education of
9		Gifted and Talented Children shall research and discuss best
10		practices for addressing the needs of "twice-exceptional"
11		children, those who are gifted and talented and have a
12		disability. The Councils shall then jointly make
13		recommendations to the State Board of Education with respect to
14		the State Board of Education providing guidance and technical
15		assistance to school districts in furthering improved
16		educational outcomes for gifted and twice-exceptional
17		children. Recommendations shall include strategies to (i)
18		educate teachers and other providers about the unique needs of
19		this population, (ii) train teachers in target,
20		research-based, identification and pedagogical methods, and
21		(iii) establish guidelines for unique programming for
22		twice-exceptional students.
23		(Source: P.A. 96-382, eff. 8-13-09.)
24		(105 ILCS 5/22-55)

SB3733 Engrossed - 910 - LRB096 19592 AMC 34984 b
1		Sec. 22-55 22-50. Illinois Accessibility Task Force.
2		(a) The Illinois Accessibility Task Force is created to
3		recommend any necessary revisions to the Illinois
4		Accessibility Code (71 Ill. Adm. Code 400) to comply with the
5		federal Americans with Disabilities Act of 1990 with respect to
6		public school property.
7		(b) The task force shall consist of the following members:
8		(1) One member appointed by the President of the
9		Senate.
10		(2) One member appointed by the Minority Leader of the
11		Senate.
12		(3) One member appointed by the Speaker of the House of
13		Representatives.
14		(4) One member appointed by the Minority Leader of the
15		House of Representatives.
16		(5) The Executive Director of the Capital Development
17		Board or his or her designee.
18		(6) The Attorney General or his or her designee.
19		(7) A representative of a statewide association
20		representing school boards appointed by the Executive
21		Director of the Capital Development Board.
22		(8) A representative of a statewide association
23		representing regional superintendents of schools appointed
24		by the Executive Director of the Capital Development Board.
25		(9) A representative of a statewide coalition of
26		citizens with disabilities appointed by the Executive

SB3733 Engrossed - 911 - LRB096 19592 AMC 34984 b
1		Director of the Capital Development Board.
2		(c) The Capital Development Board shall provide
3		administrative and other support to the task force.
4		(d) The task force shall report its recommendations to the
5		Capital Development Board and the General Assembly, and upon
6		reporting its recommendations the task force is dissolved.
7		(Source: P.A. 96-674, eff. 8-25-09; revised 9-25-09.)
8		(105 ILCS 5/24-6)
9		Sec. 24-6. Sick leave. The school boards of all school
10		districts, including special charter districts, but not
11		including school districts in municipalities of 500,000 or
12		more, shall grant their full-time teachers, and also shall
13		grant such of their other employees as are eligible to
14		participate in the Illinois Municipal Retirement Fund under the
15		"600-Hour Standard" established, or under such other
16		eligibility participation standard as may from time to time be
17		established, by rules and regulations now or hereafter
18		promulgated by the Board of that Fund under Section 7-198 of
19		the Illinois Pension Code, as now or hereafter amended, sick
20		leave provisions not less in amount than 10 days at full pay in
21		each school year. If any such teacher or employee does not use
22		the full amount of annual leave thus allowed, the unused amount
23		shall be allowed to accumulate to a minimum available leave of
24		180 days at full pay, including the leave of the current year.
25		Sick leave shall be interpreted to mean personal illness,

SB3733 Engrossed - 912 - LRB096 19592 AMC 34984 b
1		quarantine at home, serious illness or death in the immediate
2		family or household, or birth, adoption, or placement for
3		adoption. The school board may require a certificate from a
4		physician licensed in Illinois to practice medicine and surgery
5		in all its branches, a chiropractic physician licensed under
6		the Medical Practice Act of 1987, an advanced practice nurse
7		who has a written collaborative agreement with a collaborating
8		physician that authorizes the advanced practice nurse to
9		perform health examinations, a physician assistant who has been
10		delegated the authority to perform health examinations by his
11		or her supervising physician, or, if the treatment is by prayer
12		or spiritual means, a spiritual adviser or practitioner of the
13		teacher's or employee's faith as a basis for pay during leave
14		after an absence of 3 days for personal illness or 30 days for
15		birth or as the school board may deem necessary in other cases.
16		If the school board does require a certificate as a basis for
17		pay during leave of less than 3 days for personal illness, the
18		school board shall pay, from school funds, the expenses
19		incurred by the teachers or other employees in obtaining the
20		certificate. For paid leave for adoption or placement for
21		adoption, the school board may require that the teacher or
22		other employee provide evidence that the formal adoption
23		process is underway, and such leave is limited to 30 days
24		unless a longer leave has been negotiated with the exclusive
25		bargaining representative.
26		If, by reason of any change in the boundaries of school

SB3733 Engrossed - 913 - LRB096 19592 AMC 34984 b
1		districts, or by reason of the creation of a new school
2		district, the employment of a teacher is transferred to a new
3		or different board, the accumulated sick leave of such teacher
4		is not thereby lost, but is transferred to such new or
5		different district.
6		For purposes of this Section, "immediate family" shall
7		include parents, spouse, brothers, sisters, children,
8		grandparents, grandchildren, parents-in-law, brothers-in-law,
9		sisters-in-law, and legal guardians.
10		(Source: P.A. 95-151, eff. 8-14-07; 96-51, eff. 7-23-09;
11		96-367, eff. 8-13-09; revised 11-3-09.)
12		(105 ILCS 5/27A-5)
13		Sec. 27A-5. Charter school; legal entity; requirements.
14		(a) A charter school shall be a public, nonsectarian,
15		nonreligious, non-home based, and non-profit school. A charter
16		school shall be organized and operated as a nonprofit
17		corporation or other discrete, legal, nonprofit entity
18		authorized under the laws of the State of Illinois.
19		(b) A charter school may be established under this Article
20		by creating a new school or by converting an existing public
21		school or attendance center to charter school status. Beginning
22		on the effective date of this amendatory Act of the 93rd
23		General Assembly, in all new applications submitted to the
24		State Board or a local school board to establish a charter
25		school in a city having a population exceeding 500,000,

SB3733 Engrossed - 914 - LRB096 19592 AMC 34984 b
1		operation of the charter school shall be limited to one campus.
2		The changes made to this Section by this amendatory Act of the
3		93rd General Assembly do not apply to charter schools existing
4		or approved on or before the effective date of this amendatory
5		Act.
6		(c) A charter school shall be administered and governed by
7		its board of directors or other governing body in the manner
8		provided in its charter. The governing body of a charter school
9		shall be subject to the Freedom of Information Act and the Open
10		Meetings Act.
11		(d) A charter school shall comply with all applicable
12		health and safety requirements applicable to public schools
13		under the laws of the State of Illinois.
14		(e) Except as otherwise provided in the School Code, a
15		charter school shall not charge tuition; provided that a
16		charter school may charge reasonable fees for textbooks,
17		instructional materials, and student activities.
18		(f) A charter school shall be responsible for the
19		management and operation of its fiscal affairs including, but
20		not limited to, the preparation of its budget. An audit of each
21		charter school's finances shall be conducted annually by an
22		outside, independent contractor retained by the charter
23		school. Annually, by December 1, every charter school must
24		submit to the State Board a copy of its audit and a copy of the
25		Form 990 the charter school filed that year with the federal
26		Internal Revenue Service.

SB3733 Engrossed - 915 - LRB096 19592 AMC 34984 b
1		(g) A charter school shall comply with all provisions of
2		this Article, the Illinois Educational Labor Relations Act, and
3		its charter. A charter school is exempt from all other State
4		laws and regulations in the School Code governing public
5		schools and local school board policies, except the following:
6		(1) Sections 10-21.9 and 34-18.5 of the School Code
7		regarding criminal history records checks and checks of the
8		Statewide Sex Offender Database and Statewide Child
9		Murderer and Violent Offender Against Youth Database of
10		applicants for employment;
11		(2) Sections 24-24 and 34-84A of the School Code
12		regarding discipline of students;
13		(3) The Local Governmental and Governmental Employees
14		Tort Immunity Act;
15		(4) Section 108.75 of the General Not For Profit
16		Corporation Act of 1986 regarding indemnification of
17		officers, directors, employees, and agents;
18		(5) The Abused and Neglected Child Reporting Act;
19		(6) The Illinois School Student Records Act;
20		(7) Section 10-17a of the School Code regarding school
21		report cards; and
22		(8) The P-20 Longitudinal Education Data System Act.
23		The change made by Public Act 96-104 this amendatory Act of
24		the 96th General Assembly to this subsection (g) is declaratory
25		of existing law.
26		(h) A charter school may negotiate and contract with a

SB3733 Engrossed - 916 - LRB096 19592 AMC 34984 b
1		school district, the governing body of a State college or
2		university or public community college, or any other public or
3		for-profit or nonprofit private entity for: (i) the use of a
4		school building and grounds or any other real property or
5		facilities that the charter school desires to use or convert
6		for use as a charter school site, (ii) the operation and
7		maintenance thereof, and (iii) the provision of any service,
8		activity, or undertaking that the charter school is required to
9		perform in order to carry out the terms of its charter.
10		However, a charter school that is established on or after the
11		effective date of this amendatory Act of the 93rd General
12		Assembly and that operates in a city having a population
13		exceeding 500,000 may not contract with a for-profit entity to
14		manage or operate the school during the period that commences
15		on the effective date of this amendatory Act of the 93rd
16		General Assembly and concludes at the end of the 2004-2005
17		school year. Except as provided in subsection (i) of this
18		Section, a school district may charge a charter school
19		reasonable rent for the use of the district's buildings,
20		grounds, and facilities. Any services for which a charter
21		school contracts with a school district shall be provided by
22		the district at cost. Any services for which a charter school
23		contracts with a local school board or with the governing body
24		of a State college or university or public community college
25		shall be provided by the public entity at cost.
26		(i) In no event shall a charter school that is established

SB3733 Engrossed - 917 - LRB096 19592 AMC 34984 b
1		by converting an existing school or attendance center to
2		charter school status be required to pay rent for space that is
3		deemed available, as negotiated and provided in the charter
4		agreement, in school district facilities. However, all other
5		costs for the operation and maintenance of school district
6		facilities that are used by the charter school shall be subject
7		to negotiation between the charter school and the local school
8		board and shall be set forth in the charter.
9		(j) A charter school may limit student enrollment by age or
10		grade level.
11		(Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09;
12		96-107, eff. 7-30-09; 96-734, eff. 8-25-09; revised 9-15-09.)
13		(105 ILCS 5/27A-8)
14		Sec. 27A-8. Evaluation of charter proposals.
15		(a) This Section does not apply to a charter school
16		established by referendum under Section 27A-6.5. In evaluating
17		any charter school proposal submitted to it, the local school
18		board shall give preference to proposals that:
19		(1) demonstrate a high level of local pupil, parental,
20		community, business, and school personnel support;
21		(2) set rigorous levels of expected pupil achievement
22		and demonstrate feasible plans for attaining those levels
23		of achievement; and
24		(3) are designed to enroll and serve a substantial
25		proportion of at-risk children; provided that nothing in

SB3733 Engrossed - 918 - LRB096 19592 AMC 34984 b
1		the Charter Schools Law shall be construed as intended to
2		limit the establishment of charter schools to those that
3		serve a substantial portion of at-risk children or to in
4		any manner restrict, limit, or discourage the
5		establishment of charter schools that enroll and serve
6		other pupil populations under a nonexclusive,
7		nondiscriminatory admissions policy.
8		(b) In the case of a proposal to establish a charter school
9		by converting an existing public school or attendance center to
10		charter school status, evidence that the proposed formation of
11		the charter school has received majority support from certified
12		teachers and from parents and guardians in the school or
13		attendance center affected by the proposed charter, and, if
14		applicable, from a local school council, shall be demonstrated
15		by a petition in support of the charter school signed by
16		certified teachers and a petition in support of the charter
17		school signed by parents and guardians and, if applicable, by a
18		vote of the local school council held at a public meeting. In
19		the case of all other proposals to establish a charter school,
20		evidence of sufficient support to fill the number of pupil
21		seats set forth in the proposal may be demonstrated by a
22		petition in support of the charter school signed by parents and
23		guardians of students eligible to attend the charter school. In
24		all cases, the individuals, organizations, or entities who
25		initiate the proposal to establish a charter school may elect,
26		in lieu of including any petition referred to in this

SB3733 Engrossed - 919 - LRB096 19592 AMC 34984 b
1		subsection as a part of the proposal submitted to the local
2		school board, to demonstrate that the charter school has
3		received the support referred to in this subsection by other
4		evidence and information presented at the public meeting that
5		the local school board is required to convene under this
6		Section.
7		(c) Within 45 days of receipt of a charter school proposal,
8		the local school board shall convene a public meeting to obtain
9		information to assist the board in its decision to grant or
10		deny the charter school proposal.
11		(d) Notice of the public meeting required by this Section
12		shall be published in a community newspaper published in the
13		school district in which the proposed charter is located and,
14		if there is no such newspaper, then in a newspaper published in
15		the county and having circulation in the school district. The
16		notices shall be published not more than 10 days nor less than
17		5 days before the meeting and shall state that information
18		regarding a charter school proposal will be heard at the
19		meeting. Copies of the notice shall also be posted at
20		appropriate locations in the school or attendance center
21		proposed to be established as a charter school, the public
22		schools in the school district, and the local school board
23		office.
24		(e) Within 30 days of the public meeting, the local school
25		board shall vote, in a public meeting, to either grant or deny
26		the charter school proposal.

SB3733 Engrossed - 920 - LRB096 19592 AMC 34984 b
1		(f) Within 7 days of the public meeting required under
2		subsection (e), the local school board shall file a report with
3		the State Board granting or denying the proposal. Within 30
4		days of receipt of the local school board's report, the State
5		Board shall determine whether the approved charter proposal is
6		consistent with the provisions of this Article and, if the
7		approved proposal complies, certify the proposal pursuant to
8		Section 27A-6; provided that for any charter proposal submitted
9		to the State Board within one year after July 30, 2009 (the
10		effective date of Public Act 96-105) this amendatory Act of the
11		96th General Assembly, the State Board shall have 60 days from
12		receipt to determine such consistency and certify the proposal.
13		(Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09;
14		revised 9-15-09.)
15		(105 ILCS 5/34-18.37)
16		Sec. 34-18.37. Veterans' Day; moment of silence. If a
17		school holds any type of event at the school on November 11,
18		Veterans' Day, the board shall require a moment of silence at
19		that event to recognize Veterans' Day.
20		(Source: P.A. 96-84, eff. 7-27-09.)
21		(105 ILCS 5/34-18.38)
22		Sec. 34-18.38 34-18.37. Administrator and teacher salary
23		and benefits; report. The board shall report to the State Board
24		of Education, on or before July 1 of each year, the base salary

SB3733 Engrossed - 921 - LRB096 19592 AMC 34984 b
1		and benefits of the general superintendent of schools or chief
2		executive officer and all administrators and teachers employed
3		by the school district. For the purposes of this Section,
4		"benefits" includes without limitation vacation days, sick
5		days, bonuses, annuities, and retirement enhancements.
6		(Source: P.A. 96-266, eff. 1-1-10; revised 9-25-09.)
7		(105 ILCS 5/34-18.39)
8		Sec. 34-18.39 34-18.37. Radon testing.
9		(a) It is recommended that every occupied school building
10		of the school district be tested every 5 years for radon
11		pursuant to rules established by the Illinois Emergency
12		Management Agency (IEMA).
13		(b) It is recommended that new schools of the school
14		district be built using radon resistant new construction
15		techniques, as shown in the United States Environmental
16		Protection Agency document, Radon Prevention in the Design and
17		Construction of Schools and Other Large Buildings.
18		(c) The school district may maintain, make available for
19		review, and notify parents and faculty of test results under
20		this Section. The district shall report radon test results to
21		the State Board of Education, which shall prepare a report
22		every 2 years of the results from all schools that have
23		performed tests, to be submitted to the General Assembly and
24		the Governor.
25		(d) If IEMA exempts an individual from being required to be

SB3733 Engrossed - 922 - LRB096 19592 AMC 34984 b
1		a licensed radon professional, the individual does not need to
2		be a licensed radon professional in order to perform screening
3		tests under this Section. The school district may elect to have
4		one or more employees from the district attend an
5		IEMA-approved, Internet-based training course on school
6		testing in order to receive an exemption to conduct testing in
7		the school district. These school district employees must
8		perform the measurements in accordance with procedures
9		approved by IEMA. If an exemption from IEMA is not received,
10		the school district must use a licensed radon professional to
11		conduct measurements.
12		(e) If the results of a radon screening test under this
13		Section are found to be 4.0 pCi/L or above, the school district
14		may hire a licensed radon professional to perform measurements
15		before any mitigation decisions are made. If radon levels of
16		4.0 pCi/L or above are found, it is recommended that affected
17		areas be mitigated by a licensed radon mitigation professional
18		with respect to both design and installation. IEMA may provide
19		the school district with a list of licensed radon mitigation
20		professionals.
21		(f) A screening test under this Section may be done with a
22		test kit found in a hardware store, department store, or home
23		improvement store or with a kit ordered through the mail or
24		over the Internet. However, the kit must be provided by a
25		laboratory licensed in accordance with the Radon Industry
26		Licensing Act.

SB3733 Engrossed - 923 - LRB096 19592 AMC 34984 b
1		(Source: P.A. 96-417, eff. 1-1-10; revised 9-25-09.)
2		(105 ILCS 5/34-18.40)
3		Sec. 34-18.40 34-18.37. Compliance with Chemical Safety
4		Acts. The Board of Education must adopt a procedure to comply
5		with the requirements of the Lawn Care Products Application and
6		Notice Act and the Structural Pest Control Act. The
7		superintendent must designate a staff person who is responsible
8		for compliance with the requirements of these Acts.
9		(Source: P.A. 96-424, eff. 8-13-09; revised 9-25-09.)
10		(105 ILCS 5/34-18.41)
11		Sec. 34-18.41 34-18.37. Salary compensation report. On or
12		before October 1 of each year, the school district shall post
13		on its Internet website an itemized salary compensation report
14		for every employee in the district holding an administrative
15		certificate and working in that capacity, including the general
16		superintendent of schools. The salary compensation report
17		shall include without limitation base salary, bonuses, pension
18		contributions, retirement increases, the cost of health
19		insurance, the cost of life insurance, paid sick and vacation
20		day payouts, annuities, and any other form of compensation or
21		income paid on behalf of the employee.
22		This report shall be presented at a regular board meeting,
23		subject to applicable notice requirements. In addition, the
24		board shall make copies of the completed report available to

SB3733 Engrossed - 924 - LRB096 19592 AMC 34984 b
1		any individual requesting them.
2		Per Section 10-20.40 of this Code, as added by Public Act
3		95-707, the school district must post the contract that the
4		board enters into with an exclusive bargaining representative.
5		The board must provide the terms of that contract online.
6		(Source: P.A. 96-434, eff. 8-13-09; revised 9-25-09.)
7		(105 ILCS 5/34-18.42)
8		Sec. 34-18.42 34-18.37. Press boxes; accessibility. The
9		board does not have to comply with the Illinois Accessibility
10		Code (71 Ill. Adm. Code 400) with respect to accessibility to
11		press boxes that are on school property if the press boxes were
12		constructed before the effective date of this amendatory Act of
13		the 96th General Assembly.
14		(Source: P.A. 96-674, eff. 8-25-09; revised 9-25-09.)
15		Section 265. The Illinois School Student Records Act is
16		amended by changing Section 6 as follows:
17		(105 ILCS 10/6) (from Ch. 122, par. 50-6)
18		Sec. 6. (a) No school student records or information
19		contained therein may be released, transferred, disclosed or
20		otherwise disseminated, except as follows:
21		(1) To a parent or student or person specifically
22		designated as a representative by a parent, as provided in
23		paragraph (a) of Section 5;

SB3733 Engrossed - 925 - LRB096 19592 AMC 34984 b
1		(2) To an employee or official of the school or school
2		district or State Board with current demonstrable
3		educational or administrative interest in the student, in
4		furtherance of such interest;
5		(3) To the official records custodian of another school
6		within Illinois or an official with similar
7		responsibilities of a school outside Illinois, in which the
8		student has enrolled, or intends to enroll, upon the
9		request of such official or student;
10		(4) To any person for the purpose of research,
11		statistical reporting, or planning, provided that such
12		research, statistical reporting, or planning is
13		permissible under and undertaken in accordance with the
14		federal Family Educational Rights and Privacy Act (20
15		U.S.C. 1232g);
16		(5) Pursuant to a court order, provided that the parent
17		shall be given prompt written notice upon receipt of such
18		order of the terms of the order, the nature and substance
19		of the information proposed to be released in compliance
20		with such order and an opportunity to inspect and copy the
21		school student records and to challenge their contents
22		pursuant to Section 7;
23		(6) To any person as specifically required by State or
24		federal law;
25		(6.5) To juvenile authorities when necessary for the
26		discharge of their official duties who request information

SB3733 Engrossed - 926 - LRB096 19592 AMC 34984 b
1		prior to adjudication of the student and who certify in
2		writing that the information will not be disclosed to any
3		other party except as provided under law or order of court.
4		For purposes of this Section "juvenile authorities" means:
5		(i) a judge of the circuit court and members of the staff
6		of the court designated by the judge; (ii) parties to the
7		proceedings under the Juvenile Court Act of 1987 and their
8		attorneys; (iii) probation officers and court appointed
9		advocates for the juvenile authorized by the judge hearing
10		the case; (iv) any individual, public or private agency
11		having custody of the child pursuant to court order; (v)
12		any individual, public or private agency providing
13		education, medical or mental health service to the child
14		when the requested information is needed to determine the
15		appropriate service or treatment for the minor; (vi) any
16		potential placement provider when such release is
17		authorized by the court for the limited purpose of
18		determining the appropriateness of the potential
19		placement; (vii) law enforcement officers and prosecutors;
20		(viii) adult and juvenile prisoner review boards; (ix)
21		authorized military personnel; (x) individuals authorized
22		by court;
23		(7) Subject to regulations of the State Board, in
24		connection with an emergency, to appropriate persons if the
25		knowledge of such information is necessary to protect the
26		health or safety of the student or other persons;

SB3733 Engrossed - 927 - LRB096 19592 AMC 34984 b
1		(8) To any person, with the prior specific dated
2		written consent of the parent designating the person to
3		whom the records may be released, provided that at the time
4		any such consent is requested or obtained, the parent shall
5		be advised in writing that he has the right to inspect and
6		copy such records in accordance with Section 5, to
7		challenge their contents in accordance with Section 7 and
8		to limit any such consent to designated records or
9		designated portions of the information contained therein;
10		(9) To a governmental agency, or social service agency
11		contracted by a governmental agency, in furtherance of an
12		investigation of a student's school attendance pursuant to
13		the compulsory student attendance laws of this State,
14		provided that the records are released to the employee or
15		agent designated by the agency;
16		(10) To those SHOCAP committee members who fall within
17		the meaning of "state and local officials and authorities",
18		as those terms are used within the meaning of the federal
19		Family Educational Rights and Privacy Act, for the purposes
20		of identifying serious habitual juvenile offenders and
21		matching those offenders with community resources pursuant
22		to Section 5-145 of the Juvenile Court Act of 1987, but
23		only to the extent that the release, transfer, disclosure,
24		or dissemination is consistent with the Family Educational
25		Rights and Privacy Act; or
26		(11) To the Department of Healthcare and Family

SB3733 Engrossed - 928 - LRB096 19592 AMC 34984 b
1		Services in furtherance of the requirements of Section
2		2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
3		Section 10 of the School Breakfast and Lunch Program Act;
4		or .
5		(12) To the State Board or another State government
6		agency or between or among State government agencies in
7		order to evaluate or audit federal and State programs or
8		perform research and planning, but only to the extent that
9		the release, transfer, disclosure, or dissemination is
10		consistent with the federal Family Educational Rights and
11		Privacy Act (20 U.S.C. 1232g).
12		(b) No information may be released pursuant to
13		subparagraphs (3) or (6) of paragraph (a) of this Section 6
14		unless the parent receives prior written notice of the nature
15		and substance of the information proposed to be released, and
16		an opportunity to inspect and copy such records in accordance
17		with Section 5 and to challenge their contents in accordance
18		with Section 7. Provided, however, that such notice shall be
19		sufficient if published in a local newspaper of general
20		circulation or other publication directed generally to the
21		parents involved where the proposed release of information is
22		pursuant to subparagraph 6 of paragraph (a) in this Section 6
23		and relates to more than 25 students.
24		(c) A record of any release of information pursuant to this
25		Section must be made and kept as a part of the school student
26		record and subject to the access granted by Section 5. Such

SB3733 Engrossed - 929 - LRB096 19592 AMC 34984 b
1		record of release shall be maintained for the life of the
2		school student records and shall be available only to the
3		parent and the official records custodian. Each record of
4		release shall also include:
5		(1) The nature and substance of the information
6		released;
7		(2) The name and signature of the official records
8		custodian releasing such information;
9		(3) The name of the person requesting such information,
10		the capacity in which such a request has been made, and the
11		purpose of such request;
12		(4) The date of the release; and
13		(5) A copy of any consent to such release.
14		(d) Except for the student and his parents, no person to
15		whom information is released pursuant to this Section and no
16		person specifically designated as a representative by a parent
17		may permit any other person to have access to such information
18		without a prior consent of the parent obtained in accordance
19		with the requirements of subparagraph (8) of paragraph (a) of
20		this Section.
21		(e) Nothing contained in this Act shall prohibit the
22		publication of student directories which list student names,
23		addresses and other identifying information and similar
24		publications which comply with regulations issued by the State
25		Board.
26		(Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09;

SB3733 Engrossed - 930 - LRB096 19592 AMC 34984 b
1		96-107, eff. 7-30-09; revised 11-3-09.)
2		Section 270. The Interscholastic Athletic Organization Act
3		is amended by setting forth and renumbering multiple versions
4		of Section 1.5 as follows:
5		(105 ILCS 25/1.5)
6		Sec. 1.5. Cancer screening. An association or other entity
7		that has as one of its purposes promoting, sponsoring,
8		regulating, or in any manner providing for interscholastic
9		athletics or any form of athletic competition among schools and
10		students within this State shall include a question asking
11		whether a student has a family history of cancer on any
12		pre-participation examination form given to students
13		participating or seeking to participate in interscholastic
14		athletics. The association or entity may require that a
15		testicular examination be conducted as a part of any physical
16		required for a male student's participation in interscholastic
17		athletics.
18		(Source: P.A. 96-128, eff. 1-1-10.)
19		(105 ILCS 25/2)
20		(Section scheduled to be repealed on July 1, 2011)
21		Sec. 2 1.5. Prevention of use of performance-enhancing
22		substances in interscholastic athletics; random testing of
23		interscholastic athletes.

SB3733 Engrossed - 931 - LRB096 19592 AMC 34984 b
1		(a) In this Section, "association" means the Illinois High
2		School Association.
3		(b) The association shall prohibit a student from
4		participating in an athletic competition sponsored or
5		sanctioned by the association unless the following conditions
6		are met:
7		(1) the student agrees not to use any
8		performance-enhancing substances on the association's most
9		current banned drug classes list, and, if the student is
10		enrolled in high school, the student submits to random
11		testing for the presence of these substances in the
12		student's body, in accordance with the program established
13		under subsection (d) of this Section; and
14		(2) the association obtains from the student's parent a
15		statement signed by the parent and acknowledging the
16		following:
17		(A) that the parent's child, if enrolled in high
18		school, may be subject to random performance-enhancing
19		substance testing;
20		(B) that State law prohibits possessing,
21		dispensing, delivering, or administering a
22		performance-enhancing substance in a manner not
23		allowed by State law;
24		(C) that State law provides that bodybuilding,
25		muscle enhancement, or the increase of muscle bulk or
26		strength through the use of a performance-enhancing

SB3733 Engrossed - 932 - LRB096 19592 AMC 34984 b
1		substance by a person who is in good health is not a
2		valid medical purpose;
3		(D) that only a licensed practitioner with
4		prescriptive authority may prescribe a
5		performance-enhancing substance for a person; and
6		(E) that a violation of State law concerning
7		performance-enhancing substances is a criminal offense
8		punishable by confinement in jail or imprisonment.
9		(c) The association shall require that each athletic coach
10		for an extracurricular athletic activity sponsored or
11		sanctioned by the association at or above the 9th grade level
12		complete an educational program on the prevention of abuse of
13		performance-enhancing substances developed by the association.
14		The association shall also require the person to complete an
15		exam developed by the association showing a minimum proficiency
16		of understanding in methods to prevent the abuse of
17		performance-enhancing substances by students.
18		(d) The Department of Public Health shall provide oversight
19		of the annual administration of a performance-enhancing
20		substance testing program by the association under which high
21		school students participating in an athletic competition
22		sponsored or sanctioned by the association are tested at
23		multiple times throughout the athletic season for the presence
24		of performance-enhancing substances on the association's most
25		current banned drug classes list in the students' bodies. The
26		association may alter its current performance-enhancing

SB3733 Engrossed - 933 - LRB096 19592 AMC 34984 b
1		substance testing program to comply with this subsection (d).
2		The testing program must do the following:
3		(1) require the random testing of at least 1,000 high
4		school students in this State who participate in athletic
5		competitions sponsored or sanctioned by the association;
6		(2) provide for the selection of specific students
7		described in subdivision (1) of this subsection (d) for
8		testing through a process that randomly selects students
9		from a single pool consisting of all students who
10		participate in any activity for which the association
11		sponsors or sanctions athletic competitions;
12		(3) be administered at approximately 25% of the high
13		schools in this State that participate in athletic
14		competitions sponsored or sanctioned by the association;
15		(4) provide for a process for confirming any initial
16		positive test result through a subsequent test conducted as
17		soon as practicable after the initial test, using a sample
18		that was obtained at the same time as the sample used for
19		the initial test;
20		(5) require the testing to be performed only by a
21		performance-enhancing substance testing laboratory with
22		current certification from the Substance Abuse and Mental
23		Health Services Administration of the United States
24		Department of Health and Human Services, the World
25		Anti-Doping Agency, or another appropriate national or
26		international-certifying organization; the testing

SB3733 Engrossed - 934 - LRB096 19592 AMC 34984 b
1		laboratory must be chosen following State procurement
2		procedures;
3		(6) require that a trained observer, of the appropriate
4		sex, witness the student provide the test sample;
5		(7) require that the student be chaperoned by a
6		school-designated official from the time he or she is
7		notified of the test until he or she has completed
8		delivering the test sample;
9		(8) provide for a period of ineligibility from
10		participation in an athletic competition sponsored or
11		sanctioned by the association for any student with a
12		confirmed positive test result or any student who refuses
13		to submit to random testing;
14		(9) provide for a school or team penalty on a
15		case-by-case basis, to be determined by the contribution of
16		a student with a confirmed positive test result to the team
17		or the school's lack of enforcement of the rules of the
18		testing program or both;
19		(10) provide for a penalty for any coach who knowingly
20		violates the rules of the testing program; and
21		(11) require that coaches be responsible for providing
22		a copy of the association's most current banned drug
23		classes list to every high school student participating in
24		an athletic competition sponsored or sanctioned by the
25		association.
26		The Department of Public Health may adopt rules for the

SB3733 Engrossed - 935 - LRB096 19592 AMC 34984 b
1		administration of this Section.
2		(e) Results of a performance-enhancing substance test
3		conducted under subsection (d) of this Section are confidential
4		and, unless required by court order, may be disclosed only to
5		the student and the student's parent and the activity
6		directors, principal, and assistant principals of the school
7		attended by the student.
8		(f) The Performance-enhancing Substance Testing Fund is
9		created as a special fund in the State treasury. All money in
10		the Fund shall be used, subject to appropriation, by the
11		Department of Public Health to distribute as grants to pay the
12		costs of the performance-enhancing substance testing program
13		established under subsection (d) of this Section. The General
14		Assembly may appropriate additional funding for the testing
15		program, to be distributed as grants through the Department of
16		Public Health.
17		(g) Subdivision (1) of subsection (b) of this Section does
18		not apply to the use by a student of a performance-enhancing
19		substance that is dispensed, prescribed, delivered, or
20		administered by a medical practitioner for a valid medical
21		purpose and in the course of professional practice, and the
22		student is not subject to a period of ineligibility under
23		subdivision (8) of subsection (d) of this Section on the basis
24		of that use as long as the student's coach has provided the
25		student with a copy of the association's most current banned
26		drug classes list, the student has consulted with his or her

SB3733 Engrossed - 936 - LRB096 19592 AMC 34984 b
1		medical practitioner to confirm the valid use of the substance,
2		and the student has notified his or her coach or a school
3		administrator of a prescription for the use of the substance
4		for valid medical purposes. Students that are prescribed such a
5		substance, after receiving a copy of the association's most
6		current banned drug classes list, are required to provide
7		notice of that prescription at the time the prescription is
8		issued. Any information concerning a student's use of a
9		performance-enhancing substance obtained by a coach or school
10		administrator under this subsection (g) is confidential and may
11		be disclosed only to those persons necessary to the
12		determination of eligibility under this subsection (g).
13		(h) Neither the association nor any of its directors or
14		employees shall be liable and no cause of action may be brought
15		against the association or any of its directors or employees
16		for damages in connection with the performance of the
17		association's responsibilities under this Section, unless an
18		act or omission involved willful or wanton conduct.
19		(i) This Section is repealed on July 1, 2011.
20		(Source: P.A. 96-132, eff. 8-7-09; revised 10-16-09.)
21		Section 275. The Asbestos Abatement Act is amended by
22		changing Section 6 as follows:
23		(105 ILCS 105/6) (from Ch. 122, par. 1406)
24		Sec. 6. Powers and duties of the Department.

SB3733 Engrossed - 937 - LRB096 19592 AMC 34984 b
1		(a) The Department is empowered to promulgate any rules
2		necessary to ensure proper implementation and administration
3		of this Act and of the federal Asbestos Hazard Emergency
4		Response Act of 1986, and the regulations promulgated
5		thereunder.
6		(b) Rules promulgated by the Department shall include, but
7		not be limited to:
8		(1) all rules necessary to achieve compliance with the
9		federal Asbestos Hazard Emergency Response Act of 1986 and
10		the regulations promulgated thereunder;
11		(2) rules providing for the training and licensing of
12		persons and firms to perform asbestos inspection and air
13		sampling; to perform abatement work; and to serve as
14		asbestos abatement contractors, management, planners,
15		project designers, project supervisors, project managers
16		and asbestos workers for public and private secondary and
17		elementary schools; and any necessary rules relating to the
18		correct and safe performance of those tasks; and
19		(3) rules for the development and submission of
20		asbestos management plans by local educational agencies,
21		and for review and approval of such plans by the
22		Department.
23		(c) In carrying out its responsibilities under this Act,
24		the Department shall:
25		(1) publish a list of persons and firms licensed
26		pursuant to this Act, except that the Department shall not

SB3733 Engrossed - 938 - LRB096 19592 AMC 34984 b
1		be required to publish a list of licensed asbestos workers;
2		and
3		(2) require each local educational agency to maintain
4		records of asbestos-related activities, which shall be
5		made available to the Department upon request; and .
6		(3) adopt (d) Adopt rules for the collection of fees
7		for training course approval; and for licensing of
8		inspectors, management planners, project designers,
9		contractors, supervisors, air sampling professionals,
10		project managers and workers.
11		(Source: P.A. 96-537, eff. 8-14-09; revised 11-3-09.)
12		Section 280. The Critical Health Problems and
13		Comprehensive Health Education Act is amended by changing
14		Section 3 as follows:
15		(105 ILCS 110/3)
16		Sec. 3. Comprehensive Health Education Program. The
17		program established under this Act shall include, but not be
18		limited to, the following major educational areas as a basis
19		for curricula in all elementary and secondary schools in this
20		State: human ecology and health, human growth and development,
21		the emotional, psychological, physiological, hygienic and
22		social responsibilities of family life, including sexual
23		abstinence until marriage, prevention and control of disease,
24		including instruction in grades 6 through 12 on the prevention,

SB3733 Engrossed - 939 - LRB096 19592 AMC 34984 b
1		transmission and spread of AIDS, sexual assault awareness in
2		secondary schools, public and environmental health, consumer
3		health, safety education and disaster survival, mental health
4		and illness, personal health habits, alcohol, drug use, and
5		abuse including the medical and legal ramifications of alcohol,
6		drug, and tobacco use, abuse during pregnancy, sexual
7		abstinence until marriage, tobacco, nutrition, and dental
8		health. The program shall also provide course material and
9		instruction to advise pupils of the Abandoned Newborn Infant
10		Protection Act. The program shall include information about
11		cancer, including without limitation types of cancer, signs and
12		symptoms, risk factors, the importance of early prevention and
13		detection, and information on where to go for help.
14		Notwithstanding the above educational areas, the following
15		areas may also be included as a basis for curricula in all
16		elementary and secondary schools in this State: basic first aid
17		(including, but not limited to, cardiopulmonary resuscitation
18		and the Heimlich maneuver), heart disease, diabetes, stroke,
19		the prevention of child abuse, neglect, and suicide, and teen
20		dating violence in grades 8 through 12.
21		The school board of each public elementary and secondary
22		school in the State shall encourage all teachers and other
23		school personnel to acquire, develop, and maintain the
24		knowledge and skills necessary to properly administer
25		life-saving techniques, including without limitation the
26		Heimlich maneuver and rescue breathing. The training shall be

SB3733 Engrossed - 940 - LRB096 19592 AMC 34984 b
1		in accordance with standards of the American Red Cross, the
2		American Heart Association, or another nationally recognized
3		certifying organization. A school board may use the services of
4		non-governmental entities whose personnel have expertise in
5		life-saving techniques to instruct teachers and other school
6		personnel in these techniques. Each school board is encouraged
7		to have in its employ, or on its volunteer staff, at least one
8		person who is certified, by the American Red Cross or by
9		another qualified certifying agency, as qualified to
10		administer first aid and cardiopulmonary resuscitation. In
11		addition, each school board is authorized to allocate
12		appropriate portions of its institute or inservice days to
13		conduct training programs for teachers and other school
14		personnel who have expressed an interest in becoming qualified
15		to administer emergency first aid or cardiopulmonary
16		resuscitation. School boards are urged to encourage their
17		teachers and other school personnel who coach school athletic
18		programs and other extracurricular school activities to
19		acquire, develop, and maintain the knowledge and skills
20		necessary to properly administer first aid and cardiopulmonary
21		resuscitation in accordance with standards and requirements
22		established by the American Red Cross or another qualified
23		certifying agency. Subject to appropriation, the State Board of
24		Education shall establish and administer a matching grant
25		program to pay for half of the cost that a school district
26		incurs in training those teachers and other school personnel

SB3733 Engrossed - 941 - LRB096 19592 AMC 34984 b
1		who express an interest in becoming qualified to administer
2		cardiopulmonary resuscitation (which training must be in
3		accordance with standards of the American Red Cross, the
4		American Heart Association, or another nationally recognized
5		certifying organization) or in learning how to use an automated
6		external defibrillator. A school district that applies for a
7		grant must demonstrate that it has funds to pay half of the
8		cost of the training for which matching grant money is sought.
9		The State Board of Education shall award the grants on a
10		first-come, first-serve basis.
11		No pupil shall be required to take or participate in any
12		class or course on AIDS or family life instruction if his
13		parent or guardian submits written objection thereto, and
14		refusal to take or participate in the course or program shall
15		not be reason for suspension or expulsion of the pupil.
16		Curricula developed under programs established in
17		accordance with this Act in the major educational area of
18		alcohol and drug use and abuse shall include classroom
19		instruction in grades 5 through 12. The instruction, which
20		shall include matters relating to both the physical and legal
21		effects and ramifications of drug and substance abuse, shall be
22		integrated into existing curricula; and the State Board of
23		Education shall develop and make available to all elementary
24		and secondary schools in this State instructional materials and
25		guidelines which will assist the schools in incorporating the
26		instruction into their existing curricula. In addition, school

SB3733 Engrossed - 942 - LRB096 19592 AMC 34984 b
1		districts may offer, as part of existing curricula during the
2		school day or as part of an after school program, support
3		services and instruction for pupils or pupils whose parent,
4		parents, or guardians are chemically dependent.
5		(Source: P.A. 95-43, eff. 1-1-08; 95-764, eff. 1-1-09; 96-128,
6		eff. 1-1-10; 96-328, eff. 8-11-09; 96-383, eff. 1-1-10; revised
7		9-25-09.)
8		Section 285. The School Construction Law is amended by
9		changing Sections 5-25 and 5-30 as follows:
10		(105 ILCS 230/5-25)
11		Sec. 5-25. Eligibility and project standards.
12		(a) The State Board of Education shall establish
13		eligibility standards for school construction project grants
14		and debt service grants. These standards shall include minimum
15		enrollment requirements for eligibility for school
16		construction project grants of 200 students for elementary
17		districts, 200 students for high school districts, and 400
18		students for unit districts. The State Board of Education shall
19		approve a district's eligibility for a school construction
20		project grant or a debt service grant pursuant to the
21		established standards.
22		For purposes only of determining a Type 40 area vocational
23		center's eligibility for an entity included in a school
24		construction project grant or a school maintenance project

SB3733 Engrossed - 943 - LRB096 19592 AMC 34984 b
1		grant, an area vocational center shall be deemed eligible if
2		one or more of its member school districts satisfy the grant
3		index criteria set forth in this Law. A Type 40 area vocational
4		center that makes application for school construction funds
5		after August 25, 2009 (the effective date of Public Act 96-731)
6		this amendatory Act of the 96th General Assembly shall be
7		placed on the respective application cycle list. Type 40 area
8		vocational centers must be placed last on the priority listing
9		of eligible entities for the applicable fiscal year.
10		(b) The Capital Development Board shall establish project
11		standards for all school construction project grants provided
12		pursuant to this Article. These standards shall include space
13		and capacity standards as well as the determination of
14		recognized project costs that shall be eligible for State
15		financial assistance and enrichment costs that shall not be
16		eligible for State financial assistance.
17		(c) The State Board of Education and the Capital
18		Development Board shall not establish standards that
19		disapprove or otherwise establish limitations that restrict
20		the eligibility of (i) a school district with a population
21		exceeding 500,000 for a school construction project grant based
22		on the fact that any or all of the school construction project
23		grant will be used to pay debt service or to make lease
24		payments, as authorized by subsection (b) of Section 5-35 of
25		this Law, or (ii) a school district located in whole or in part
26		in a county that imposes a tax for school facility purposes

SB3733 Engrossed - 944 - LRB096 19592 AMC 34984 b
1		pursuant to Section 5-1006.7 of the Counties Code.
2		(Source: P.A. 96-37, eff. 7-13-09; 96-731, eff. 8-25-09;
3		revised 9-15-09.)
4		(105 ILCS 230/5-30)
5		Sec. 5-30. Priority of school construction projects. The
6		State Board of Education shall develop standards for the
7		determination of priority needs concerning school construction
8		projects based upon approved district facilities plans. Such
9		standards shall call for prioritization based on the degree of
10		need and project type in the following order:
11		(1) Replacement or reconstruction of school buildings
12		destroyed or damaged by flood, tornado, fire, earthquake,
13		mine subsidence, or other disasters, either man-made or
14		produced by nature;
15		(2) Projects designed to alleviate a shortage of
16		classrooms due to population growth or to replace aging
17		school buildings;
18		(3) Projects resulting from interdistrict
19		reorganization of school districts contingent on local
20		referenda;
21		(4) Replacement or reconstruction of school facilities
22		determined to be severe and continuing health or life
23		safety hazards;
24		(5) Alterations necessary to provide accessibility for
25		qualified individuals with disabilities; and

SB3733 Engrossed - 945 - LRB096 19592 AMC 34984 b
1		(6) Other unique solutions to facility needs.
2		Except for those changes absolutely necessary to comply with
3		the changes made to subsection (c) of Section 5-25 of this Law
4		by Public Act 96-37 this amendatory Act of the 96th General
5		Assembly, the State Board of Education may not make any
6		material changes to the standards in effect on May 18, 2004,
7		unless the State Board of Education is specifically authorized
8		by law.
9		(Source: P.A. 96-37, eff. 7-13-09; 96-102, eff. 7-29-09;
10		revised 8-20-09.)
11		Section 290. The Grow Your Own Teacher Education Act is
12		amended by changing Section 5 as follows:
13		(110 ILCS 48/5)
14		Sec. 5. Purpose. The Grow Your Own Teacher preparation
15		programs established under this Act shall comprise a major new
16		statewide initiative, known as the Grow Your Own Teacher
17		Education Initiative, to prepare highly skilled, committed
18		teachers who will teach in hard-to-staff schools, including
19		within the Department of Juvenile Justice School District, and
20		hard-to-staff teaching positions and who will remain in these
21		schools for substantial periods of time.
22		The Grow Your Own Teacher Education Initiative shall
23		effectively recruit and prepare parent and community leaders
24		and paraeducators to become effective teachers statewide in

SB3733 Engrossed - 946 - LRB096 19592 AMC 34984 b
1		hard-to-staff schools serving a substantial percentage of
2		low-income students and hard-to-staff teaching positions in
3		schools serving a substantial percentage of low-income
4		students. Further, the Initiative shall increase the diversity
5		of teachers, including diversity based on race and ethnicity.
6		The Grow Your Own Teacher Education Initiative shall ensure
7		educational rigor by effectively preparing candidates in
8		accredited bachelor's degree programs in teaching, through
9		which graduates shall meet the requirements to secure an
10		Illinois initial teaching certificate.
11		The goal of the Grow Your Own Teacher Education Initiative
12		is to add 1,000 teachers to low-income, hard-to-staff Illinois
13		schools by 2016.
14		(Source: P.A. 95-476, eff. 1-1-08; 96-144, eff. 8-7-09; 96-414,
15		eff. 1-1-10; revised 9-4-09.)
16		Section 295. The University of Illinois Act is amended by
17		changing Section 8 and by setting forth and renumbering
18		multiple versions of Section 45 as follows:
19		(110 ILCS 305/8) (from Ch. 144, par. 29)
20		(Text of Section before amendment by P.A. 96-843)
21		Sec. 8. Admissions.
22		(a) (Blank).
23		(b) In addition, commencing in the fall of 1993, no new
24		student shall then or thereafter be admitted to instruction in

SB3733 Engrossed - 947 - LRB096 19592 AMC 34984 b
1		any of the departments or colleges of the University unless
2		such student also has satisfactorily completed:
3		(1) at least 15 units of high school coursework from
4		the following 5 categories:
5		(A) 4 years of English (emphasizing written and
6		oral communications and literature), of which up to 2
7		years may be collegiate level instruction;
8		(B) 3 years of social studies (emphasizing history
9		and government);
10		(C) 3 years of mathematics (introductory through
11		advanced algebra, geometry, trigonometry, or
12		fundamentals of computer programming);
13		(D) 3 years of science (laboratory sciences); and
14		(E) 2 years of electives in foreign language,
15		music, vocational education or art;
16		(2) except that institutions may admit individual
17		applicants if the institution determines through
18		assessment or through evaluation based on learning
19		outcomes of the coursework taken, including vocational
20		education courses and courses taken in a charter school
21		established under Article 27A of the School Code, that the
22		applicant demonstrates knowledge and skills substantially
23		equivalent to the knowledge and skills expected to be
24		acquired in the high school courses required for admission.
25		The Board of Trustees of the University of Illinois shall
26		not discriminate in the University's admissions process

SB3733 Engrossed - 948 - LRB096 19592 AMC 34984 b
1		against an applicant for admission because of the
2		applicant's enrollment in a charter school established
3		under Article 27A of the School Code. Institutions may also
4		admit 1) applicants who did not have an opportunity to
5		complete the minimum college preparatory curriculum in
6		high school, and 2) educationally disadvantaged applicants
7		who are admitted to the formal organized special assistance
8		programs that are tailored to the needs of such students,
9		providing that in either case, the institution
10		incorporates in the applicant's baccalaureate curriculum
11		courses or other academic activities that compensate for
12		course deficiencies; and
13		(3) except that up to 3 of the 15 units of coursework
14		required by paragraph (1) of this subsection may be
15		distributed by deducting no more than one unit each from
16		the categories of social studies, mathematics, sciences
17		and electives and completing those 3 units in any of the 5
18		categories of coursework described in paragraph (1).
19		(c) When allocating funds, local boards of education shall
20		recognize their obligation to their students to offer the
21		coursework required by subsection (b).
22		(d) A student who has graduated from high school and has
23		scored within the University's accepted range on the ACT or SAT
24		shall not be required to take the high school level General
25		Educational Development (GED) Test as a prerequisite to
26		admission.

SB3733 Engrossed - 949 - LRB096 19592 AMC 34984 b
1		(Source: P.A. 96-203, eff. 8-10-09.)
2		(Text of Section after amendment by P.A. 96-843)
3		Sec. 8. Admissions.
4		(a) (Blank).
5		(b) In addition, commencing in the fall of 1993, no new
6		student shall then or thereafter be admitted to instruction in
7		any of the departments or colleges of the University unless
8		such student also has satisfactorily completed:
9		(1) at least 15 units of high school coursework from
10		the following 5 categories:
11		(A) 4 years of English (emphasizing written and
12		oral communications and literature), of which up to 2
13		years may be collegiate level instruction;
14		(B) 3 years of social studies (emphasizing history
15		and government);
16		(C) 3 years of mathematics (introductory through
17		advanced algebra, geometry, trigonometry, or
18		fundamentals of computer programming);
19		(D) 3 years of science (laboratory sciences); and
20		(E) 2 years of electives in foreign language
21		( ,which may be deemed to include American Sign
22		Language), music, vocational education or art;
23		(2) except that institutions may admit individual
24		applicants if the institution determines through
25		assessment or through evaluation based on learning

SB3733 Engrossed - 950 - LRB096 19592 AMC 34984 b
1		outcomes of the coursework taken, including vocational
2		education courses and courses taken in a charter school
3		established under Article 27A of the School Code, that the
4		applicant demonstrates knowledge and skills substantially
5		equivalent to the knowledge and skills expected to be
6		acquired in the high school courses required for admission.
7		The Board of Trustees of the University of Illinois shall
8		not discriminate in the University's admissions process
9		against an applicant for admission because of the
10		applicant's enrollment in a charter school established
11		under Article 27A of the School Code. Institutions may also
12		admit 1) applicants who did not have an opportunity to
13		complete the minimum college preparatory curriculum in
14		high school, and 2) educationally disadvantaged applicants
15		who are admitted to the formal organized special assistance
16		programs that are tailored to the needs of such students,
17		providing that in either case, the institution
18		incorporates in the applicant's baccalaureate curriculum
19		courses or other academic activities that compensate for
20		course deficiencies; and
21		(3) except that up to 3 of the 15 units of coursework
22		required by paragraph (1) of this subsection may be
23		distributed by deducting no more than one unit each from
24		the categories of social studies, mathematics, sciences
25		and electives and completing those 3 units in any of the 5
26		categories of coursework described in paragraph (1).

SB3733 Engrossed - 951 - LRB096 19592 AMC 34984 b
1		(c) When allocating funds, local boards of education shall
2		recognize their obligation to their students to offer the
3		coursework required by subsection (b).
4		(d) A student who has graduated from high school and has
5		scored within the University's accepted range on the ACT or SAT
6		shall not be required to take the high school level General
7		Educational Development (GED) Test as a prerequisite to
8		admission.
9		(Source: P.A. 96-203, eff. 8-10-09; 96-843, eff. 6-1-10;
10		revised 1-9-10.)
11		(110 ILCS 305/45)
12		Sec. 45. Buildings available for emergency purposes. The
13		Board of Trustees shall make mutually agreed buildings of the
14		university available for emergency purposes, upon the request
15		of the Illinois Emergency Management Agency, the
16		State-accredited emergency management agency with
17		jurisdiction, or the American Red Cross, and cooperate in all
18		matters with the Illinois Emergency Management Agency, local
19		emergency management agencies, State-certified, local public
20		health departments, the American Red Cross, and federal
21		agencies concerned with emergency preparedness and response.
22		(Source: P.A. 96-57, eff. 7-23-09.)
23		(110 ILCS 305/50)
24		Sec. 50 45. Veterans' Day; moment of silence. If the

SB3733 Engrossed - 952 - LRB096 19592 AMC 34984 b
1		University holds any type of event at the University on
2		November 11, Veterans' Day, the Board of Trustees shall require
3		a moment of silence at that event to recognize Veterans' Day.
4		(Source: P.A. 96-84, eff. 7-27-09; revised 9-15-09.)
5		(110 ILCS 305/55)
6		Sec. 55 45. Faculty and staff contact with public
7		officials. All faculty and staff members of the University are
8		free to communicate their views on any matter of private or
9		public concern to any member of the legislative, executive, or
10		judicial branch of government, State or federal, without notice
11		to or prior approval of the University, so long as they do not
12		represent that they are speaking for or on behalf of the
13		University.
14		(Source: P.A. 96-147, eff. 8-7-09; revised 9-15-09.)
15		(110 ILCS 305/60)
16		Sec. 60 45. Faculty and staff political displays. The
17		University may not prohibit any faculty or staff member from
18		(i) displaying political buttons, stickers, or patches while on
19		University property, provided that such display by any member
20		of the faculty in an instructional setting is for a purpose
21		relevant to the subject of instruction; (ii) attending a
22		partisan political rally, provided that the employee is not on
23		duty; or (iii) displaying a partisan bumper sticker on his or
24		her motor vehicle.

SB3733 Engrossed - 953 - LRB096 19592 AMC 34984 b
1		(Source: P.A. 96-148, eff. 8-7-09; revised 9-15-09.)
2		(110 ILCS 305/65)
3		Sec. 65 45. Disability history and awareness. The
4		University may conduct and promote activities that provide
5		education on, awareness of, and an understanding of disability
6		history, people with disabilities, and the disability rights
7		movement.
8		(Source: P.A. 96-191, eff. 1-1-10; revised 9-15-09.)
9		(110 ILCS 305/70)
10		Sec. 70 45. Administrator and faculty salary and benefits;
11		report. The Board of Trustees shall report to the Board of
12		Higher Education, on or before July 1 of each year, the base
13		salary and benefits of the president of the university and all
14		administrators, faculty members, and instructors employed by
15		the university. For the purposes of this Section, "benefits"
16		includes without limitation vacation days, sick days, bonuses,
17		annuities, and retirement enhancements.
18		(Source: P.A. 96-266, eff. 1-1-10; revised 9-15-09.)
19		Section 300. The University of Illinois Hospital Act is
20		amended by setting forth and renumbering multiple versions of
21		Section 8 as follows:

SB3733 Engrossed - 954 - LRB096 19592 AMC 34984 b
1		(110 ILCS 330/8)
2		Sec. 8. Immunization against influenza virus and
3		pneumococcal disease. The University of Illinois Hospital
4		shall adopt an influenza and pneumococcal immunization policy
5		that includes, but need not be limited to, the following:
6		(1) Procedures for identifying patients age 65 or older
7		and, at the discretion of the facility, other patients at
8		risk.
9		(2) Procedures for offering immunization against
10		influenza virus when available between September 1 and
11		April 1, and against pneumococcal disease upon admission or
12		discharge, to patients age 65 or older, unless
13		contraindicated.
14		(3) Procedures for ensuring that patients offered
15		immunization, or their guardians, receive information
16		regarding the risks and benefits of vaccination.
17		The hospital shall provide a copy of its influenza and
18		pneumococcal immunization policy to the Illinois Department of
19		Public Health upon request.
20		(Source: P.A. 96-343, eff. 8-11-09.)
21		(110 ILCS 330/9)
22		Sec. 9 8. Safe patient handling policy. The University of
23		Illinois Hospital shall cause each of the facilities under its
24		jurisdiction that provide in-patient care to comply with
25		Section 6.25 of the Hospital Licensing Act.

SB3733 Engrossed - 955 - LRB096 19592 AMC 34984 b
1		(Source: P.A. 96-389, eff. 1-1-10; revised 10-22-09.)
2		Section 305. The Southern Illinois University Management
3		Act is amended by changing Section 8e and by setting forth and
4		renumbering multiple versions of Section 30 as follows:
5		(110 ILCS 520/8e) (from Ch. 144, par. 658e)
6		(Text of Section before amendment by P.A. 96-843)
7		Sec. 8e. Admissions.
8		(a) Commencing in the fall of 1993, no new student shall
9		then or thereafter be admitted to instruction in any of the
10		departments or colleges of the University unless such student
11		also has satisfactorily completed:
12		(1) at least 15 units of high school coursework from
13		the following 5 categories:
14		(A) 4 years of English (emphasizing written and
15		oral communications and literature), of which up to 2
16		years may be collegiate level instruction;
17		(B) 3 years of social studies (emphasizing history
18		and government);
19		(C) 3 years of mathematics (introductory through
20		advanced algebra, geometry, trigonometry, or
21		fundamentals of computer programming);
22		(D) 3 years of science (laboratory sciences); and
23		(E) 2 years of electives in foreign language,
24		music, vocational education or art;

SB3733 Engrossed - 956 - LRB096 19592 AMC 34984 b
1		(2) except that institutions may admit individual
2		applicants if the institution determines through
3		assessment or through evaluation based on learning
4		outcomes of the coursework taken, including vocational
5		education courses and courses taken in a charter school
6		established under Article 27A of the School Code, that the
7		applicant demonstrates knowledge and skills substantially
8		equivalent to the knowledge and skills expected to be
9		acquired in the high school courses required for admission.
10		The Board of Trustees of Southern Illinois University shall
11		not discriminate in the University's admissions process
12		against an applicant for admission because of the
13		applicant's enrollment in a charter school established
14		under Article 27A of the School Code. Institutions may also
15		admit 1) applicants who did not have an opportunity to
16		complete the minimum college preparatory curriculum in
17		high school, and 2) educationally disadvantaged applicants
18		who are admitted to the formal organized special assistance
19		programs that are tailored to the needs of such students,
20		providing that in either case, the institution
21		incorporates in the applicant's baccalaureate curriculum
22		courses or other academic activities that compensate for
23		course deficiencies; and
24		(3) except that up to 3 of 15 units of coursework
25		required by paragraph (1) of this subsection may be
26		distributed by deducting no more than one unit each from

SB3733 Engrossed - 957 - LRB096 19592 AMC 34984 b
1		the categories of social studies, mathematics, sciences
2		and electives and completing those 3 units in any of the 5
3		categories of coursework described in paragraph (1).
4		(b) When allocating funds, local boards of education shall
5		recognize their obligation to their students to offer the
6		coursework required by subsection (a).
7		(c) A student who has graduated from high school and has
8		scored within the University's accepted range on the ACT or SAT
9		shall not be required to take the high school level General
10		Educational Development (GED) Test as a prerequisite to
11		admission.
12		(Source: P.A. 91-374, eff. 7-30-99.)
13		(Text of Section after amendment by P.A. 96-843)
14		Sec. 8e. Admissions.
15		(a) Commencing in the fall of 1993, no new student shall
16		then or thereafter be admitted to instruction in any of the
17		departments or colleges of the University unless such student
18		also has satisfactorily completed:
19		(1) at least 15 units of high school coursework from
20		the following 5 categories:
21		(A) 4 years of English (emphasizing written and
22		oral communications and literature), of which up to 2
23		years may be collegiate level instruction;
24		(B) 3 years of social studies (emphasizing history
25		and government);

SB3733 Engrossed - 958 - LRB096 19592 AMC 34984 b
1		(C) 3 years of mathematics (introductory through
2		advanced algebra, geometry, trigonometry, or
3		fundamentals of computer programming);
4		(D) 3 years of science (laboratory sciences); and
5		(E) 2 years of electives in foreign language
6		( ,which may be deemed to include American Sign
7		Language), music, vocational education or art;
8		(2) except that institutions may admit individual
9		applicants if the institution determines through
10		assessment or through evaluation based on learning
11		outcomes of the coursework taken, including vocational
12		education courses and courses taken in a charter school
13		established under Article 27A of the School Code, that the
14		applicant demonstrates knowledge and skills substantially
15		equivalent to the knowledge and skills expected to be
16		acquired in the high school courses required for admission.
17		The Board of Trustees of Southern Illinois University shall
18		not discriminate in the University's admissions process
19		against an applicant for admission because of the
20		applicant's enrollment in a charter school established
21		under Article 27A of the School Code. Institutions may also
22		admit 1) applicants who did not have an opportunity to
23		complete the minimum college preparatory curriculum in
24		high school, and 2) educationally disadvantaged applicants
25		who are admitted to the formal organized special assistance
26		programs that are tailored to the needs of such students,

SB3733 Engrossed - 959 - LRB096 19592 AMC 34984 b
1		providing that in either case, the institution
2		incorporates in the applicant's baccalaureate curriculum
3		courses or other academic activities that compensate for
4		course deficiencies; and
5		(3) except that up to 3 of 15 units of coursework
6		required by paragraph (1) of this subsection may be
7		distributed by deducting no more than one unit each from
8		the categories of social studies, mathematics, sciences
9		and electives and completing those 3 units in any of the 5
10		categories of coursework described in paragraph (1).
11		(b) When allocating funds, local boards of education shall
12		recognize their obligation to their students to offer the
13		coursework required by subsection (a).
14		(c) A student who has graduated from high school and has
15		scored within the University's accepted range on the ACT or SAT
16		shall not be required to take the high school level General
17		Educational Development (GED) Test as a prerequisite to
18		admission.
19		(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
20		(110 ILCS 520/30)
21		Sec. 30. Buildings available for emergency purposes. The
22		Board shall make mutually agreed buildings of the university
23		available for emergency purposes, upon the request of the
24		Illinois Emergency Management Agency, the State-accredited
25		emergency management agency with jurisdiction, or the American

SB3733 Engrossed - 960 - LRB096 19592 AMC 34984 b
1		Red Cross, and cooperate in all matters with the Illinois
2		Emergency Management Agency, local emergency management
3		agencies, State-certified, local public health departments,
4		the American Red Cross, and federal agencies concerned with
5		emergency preparedness and response.
6		(Source: P.A. 96-57, eff. 7-23-09.)
7		(110 ILCS 520/35)
8		Sec. 35 30. Veterans' Day; moment of silence. If the
9		University holds any type of event at the University on
10		November 11, Veterans' Day, the Board shall require a moment of
11		silence at that event to recognize Veterans' Day.
12		(Source: P.A. 96-84, eff. 7-27-09; revised 9-15-09.)
13		(110 ILCS 520/40)
14		Sec. 40 30. Faculty and staff contact with public
15		officials. All faculty and staff members of the University are
16		free to communicate their views on any matter of private or
17		public concern to any member of the legislative, executive, or
18		judicial branch of government, State or federal, without notice
19		to or prior approval of the University, so long as they do not
20		represent that they are speaking for or on behalf of the
21		University.
22		(Source: P.A. 96-147, eff. 8-7-09; revised 9-15-09.)
23		(110 ILCS 520/45)

SB3733 Engrossed - 961 - LRB096 19592 AMC 34984 b
1		Sec. 45 30. Faculty and staff political displays. The
2		University may not prohibit any faculty or staff member from
3		(i) displaying political buttons, stickers, or patches while on
4		University property, provided that such display by any member
5		of the faculty in an instructional setting is for a purpose
6		relevant to the subject of instruction; (ii) attending a
7		partisan political rally, provided that the employee is not on
8		duty; or (iii) displaying a partisan bumper sticker on his or
9		her motor vehicle.
10		(Source: P.A. 96-148, eff. 8-7-09; revised 9-15-09.)
11		(110 ILCS 520/50)
12		Sec. 50 30. Disability history and awareness. The
13		University may conduct and promote activities that provide
14		education on, awareness of, and an understanding of disability
15		history, people with disabilities, and the disability rights
16		movement.
17		(Source: P.A. 96-191, eff. 1-1-10; revised 9-15-09.)
18		(110 ILCS 520/55)
19		Sec. 55 30. Administrator and faculty salary and benefits;
20		report. The Board of Trustees shall report to the Board of
21		Higher Education, on or before July 1 of each year, the base
22		salary and benefits of the president of the university and all
23		administrators, faculty members, and instructors employed by
24		the university. For the purposes of this Section, "benefits"

SB3733 Engrossed - 962 - LRB096 19592 AMC 34984 b
1		includes without limitation vacation days, sick days, bonuses,
2		annuities, and retirement enhancements.
3		(Source: P.A. 96-266, eff. 1-1-10; revised 9-15-09.)
4		Section 310. The Chicago State University Law is amended by
5		changing Section 5-85 and by setting forth and renumbering
6		multiple versions of Section 5-140 as follows:
7		(110 ILCS 660/5-85)
8		(Text of Section before amendment by P.A. 96-843)
9		Sec. 5-85. Admission requirements.
10		(a) No new student shall be admitted to instruction in any
11		of the departments or colleges of the Chicago State University
12		unless such student also has satisfactorily completed:
13		(1) at least 15 units of high school coursework from
14		the following 5 categories:
15		(A) 4 years of English (emphasizing written and
16		oral communications and literature), of which up to 2
17		years may be collegiate level instruction;
18		(B) 3 years of social studies (emphasizing history
19		and government);
20		(C) 3 years of mathematics (introductory through
21		advanced algebra, geometry, trigonometry, or
22		fundamentals of computer programming);
23		(D) 3 years of science (laboratory sciences); and
24		(E) 2 years of electives in foreign language,

SB3733 Engrossed - 963 - LRB096 19592 AMC 34984 b
1		music, vocational education or art;
2		(2) except that Chicago State University may admit
3		individual applicants if it determines through assessment
4		or through evaluation based on learning outcomes of the
5		coursework taken, including vocational education courses
6		and courses taken in a charter school established under
7		Article 27A of the School Code, that the applicant
8		demonstrates knowledge and skills substantially equivalent
9		to the knowledge and skills expected to be acquired in the
10		high school courses required for admission. The Board of
11		Trustees of Chicago State University shall not
12		discriminate in the University's admissions process
13		against an applicant for admission because of the
14		applicant's enrollment in a charter school established
15		under Article 27A of the School Code. Chicago State
16		University may also admit (i) applicants who did not have
17		an opportunity to complete the minimum college preparatory
18		curriculum in high school, and (ii) educationally
19		disadvantaged applicants who are admitted to the formal
20		organized special assistance programs that are tailored to
21		the needs of such students, providing that in either case,
22		the institution incorporates in the applicant's
23		baccalaureate curriculum courses or other academic
24		activities that compensate for course deficiencies; and
25		(3) except that up to 3 of 15 units of coursework
26		required by paragraph (1) of this subsection may be

SB3733 Engrossed - 964 - LRB096 19592 AMC 34984 b
1		distributed by deducting no more than one unit each from
2		the categories of social studies, mathematics, sciences
3		and electives and completing those 3 units in any of the 5
4		categories of coursework described in paragraph (1).
5		(b) When allocating funds, local boards of education shall
6		recognize their obligation to their students to offer the
7		coursework required by subsection (a).
8		(c) A student who has graduated from high school and has
9		scored within the University's accepted range on the ACT or SAT
10		shall not be required to take the high school level General
11		Educational Development (GED) Test as a prerequisite to
12		admission.
13		(Source: P.A. 91-374, eff. 7-30-99.)
14		(Text of Section after amendment by P.A. 96-843)
15		Sec. 5-85. Admission requirements.
16		(a) No new student shall be admitted to instruction in any
17		of the departments or colleges of the Chicago State University
18		unless such student also has satisfactorily completed:
19		(1) at least 15 units of high school coursework from
20		the following 5 categories:
21		(A) 4 years of English (emphasizing written and
22		oral communications and literature), of which up to 2
23		years may be collegiate level instruction;
24		(B) 3 years of social studies (emphasizing history
25		and government);

SB3733 Engrossed - 965 - LRB096 19592 AMC 34984 b
1		(C) 3 years of mathematics (introductory through
2		advanced algebra, geometry, trigonometry, or
3		fundamentals of computer programming);
4		(D) 3 years of science (laboratory sciences); and
5		(E) 2 years of electives in foreign language
6		( ,which may be deemed to include American Sign
7		Language), music, vocational education or art;
8		(2) except that Chicago State University may admit
9		individual applicants if it determines through assessment
10		or through evaluation based on learning outcomes of the
11		coursework taken, including vocational education courses
12		and courses taken in a charter school established under
13		Article 27A of the School Code, that the applicant
14		demonstrates knowledge and skills substantially equivalent
15		to the knowledge and skills expected to be acquired in the
16		high school courses required for admission. The Board of
17		Trustees of Chicago State University shall not
18		discriminate in the University's admissions process
19		against an applicant for admission because of the
20		applicant's enrollment in a charter school established
21		under Article 27A of the School Code. Chicago State
22		University may also admit (i) applicants who did not have
23		an opportunity to complete the minimum college preparatory
24		curriculum in high school, and (ii) educationally
25		disadvantaged applicants who are admitted to the formal
26		organized special assistance programs that are tailored to

SB3733 Engrossed - 966 - LRB096 19592 AMC 34984 b
1		the needs of such students, providing that in either case,
2		the institution incorporates in the applicant's
3		baccalaureate curriculum courses or other academic
4		activities that compensate for course deficiencies; and
5		(3) except that up to 3 of 15 units of coursework
6		required by paragraph (1) of this subsection may be
7		distributed by deducting no more than one unit each from
8		the categories of social studies, mathematics, sciences
9		and electives and completing those 3 units in any of the 5
10		categories of coursework described in paragraph (1).
11		(b) When allocating funds, local boards of education shall
12		recognize their obligation to their students to offer the
13		coursework required by subsection (a).
14		(c) A student who has graduated from high school and has
15		scored within the University's accepted range on the ACT or SAT
16		shall not be required to take the high school level General
17		Educational Development (GED) Test as a prerequisite to
18		admission.
19		(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
20		(110 ILCS 660/5-140)
21		Sec. 5-140. Buildings available for emergency purposes.
22		The Board shall make mutually agreed buildings of the
23		university available for emergency purposes, upon the request
24		of the Illinois Emergency Management Agency, the
25		State-accredited emergency management agency with

SB3733 Engrossed - 967 - LRB096 19592 AMC 34984 b
1		jurisdiction, or the American Red Cross, and cooperate in all
2		matters with the Illinois Emergency Management Agency, local
3		emergency management agencies, State-certified, local public
4		health departments, the American Red Cross, and federal
5		agencies concerned with emergency preparedness and response.
6		(Source: P.A. 96-57, eff. 7-23-09.)
7		(110 ILCS 660/5-145)
8		Sec. 5-145 5-140. Veterans' Day; moment of silence. If the
9		University holds any type of event at the University on
10		November 11, Veterans' Day, the Board shall require a moment of
11		silence at that event to recognize Veterans' Day.
12		(Source: P.A. 96-84, eff. 7-27-09; revised 10-22-09.)
13		(110 ILCS 660/5-150)
14		Sec. 5-150 5-140. Faculty and staff contact with public
15		officials. All faculty and staff members of the University are
16		free to communicate their views on any matter of private or
17		public concern to any member of the legislative, executive, or
18		judicial branch of government, State or federal, without notice
19		to or prior approval of the University, so long as they do not
20		represent that they are speaking for or on behalf of the
21		University.
22		(Source: P.A. 96-147, eff. 8-7-09; revised 10-22-09.)
23		(110 ILCS 660/5-155)

SB3733 Engrossed - 968 - LRB096 19592 AMC 34984 b
1		Sec. 5-155 5-140. Faculty and staff political displays. The
2		University may not prohibit any faculty or staff member from
3		(i) displaying political buttons, stickers, or patches while on
4		University property, provided that such display by any member
5		of the faculty in an instructional setting is for a purpose
6		relevant to the subject of instruction; (ii) attending a
7		partisan political rally, provided that the employee is not on
8		duty; or (iii) displaying a partisan bumper sticker on his or
9		her motor vehicle.
10		(Source: P.A. 96-148, eff. 8-7-09; revised 10-22-09.)
11		(110 ILCS 660/5-160)
12		Sec. 5-160 5-140. Disability history and awareness. The
13		University may conduct and promote activities that provide
14		education on, awareness of, and an understanding of disability
15		history, people with disabilities, and the disability rights
16		movement.
17		(Source: P.A. 96-191, eff. 1-1-10; revised 10-22-09.)
18		(110 ILCS 660/5-165)
19		Sec. 5-165 5-140. Administrator and faculty salary and
20		benefits; report. The Board of Trustees shall report to the
21		Board of Higher Education, on or before July 1 of each year,
22		the base salary and benefits of the president of the university
23		and all administrators, faculty members, and instructors
24		employed by the university. For the purposes of this Section,

SB3733 Engrossed - 969 - LRB096 19592 AMC 34984 b
1		"benefits" includes without limitation vacation days, sick
2		days, bonuses, annuities, and retirement enhancements.
3		(Source: P.A. 96-266, eff. 1-1-10; revised 10-22-09.)
4		Section 315. The Eastern Illinois University Law is amended
5		by changing Section 10-85 and by setting forth and renumbering
6		multiple versions of Section 10-140 as follows:
7		(110 ILCS 665/10-85)
8		(Text of Section before amendment by P.A. 96-843)
9		Sec. 10-85. Admission requirements.
10		(a) No new student shall be admitted to instruction in any
11		of the departments or colleges of the Eastern Illinois
12		University unless such student also has satisfactorily
13		completed:
14		(1) at least 15 units of high school coursework from
15		the following 5 categories:
16		(A) 4 years of English (emphasizing written and
17		oral communications and literature), of which up to 2
18		years may be collegiate level instruction;
19		(B) 3 years of social studies (emphasizing history
20		and government);
21		(C) 3 years of mathematics (introductory through
22		advanced algebra, geometry, trigonometry, or
23		fundamentals of computer programming);
24		(D) 3 years of science (laboratory sciences); and

SB3733 Engrossed - 970 - LRB096 19592 AMC 34984 b
1		(E) 2 years of electives in foreign language,
2		music, vocational education or art;
3		(2) except that Eastern Illinois University may admit
4		individual applicants if it determines through assessment
5		or through evaluation based on learning outcomes of the
6		coursework taken, including vocational education courses
7		and courses taken in a charter school established under
8		Article 27A of the School Code, that the applicant
9		demonstrates knowledge and skills substantially equivalent
10		to the knowledge and skills expected to be acquired in the
11		high school courses required for admission. The Board of
12		Trustees of Eastern Illinois University shall not
13		discriminate in the University's admissions process
14		against an applicant for admission because of the
15		applicant's enrollment in a charter school established
16		under Article 27A of the School Code. Eastern Illinois
17		University may also admit (i) applicants who did not have
18		an opportunity to complete the minimum college preparatory
19		curriculum in high school, and (ii) educationally
20		disadvantaged applicants who are admitted to the formal
21		organized special assistance programs that are tailored to
22		the needs of such students, providing that in either case,
23		the institution incorporates in the applicant's
24		baccalaureate curriculum courses or other academic
25		activities that compensate for course deficiencies; and
26		(3) except that up to 3 of 15 units of coursework

SB3733 Engrossed - 971 - LRB096 19592 AMC 34984 b
1		required by paragraph (1) of this subsection may be
2		distributed by deducting no more than one unit each from
3		the categories of social studies, mathematics, sciences
4		and electives and completing those 3 units in any of the 5
5		categories of coursework described in paragraph (1).
6		(b) When allocating funds, local boards of education shall
7		recognize their obligation to their students to offer the
8		coursework required by subsection (a).
9		(c) A student who has graduated from high school and has
10		scored within the University's accepted range on the ACT or SAT
11		shall not be required to take the high school level General
12		Educational Development (GED) Test as a prerequisite to
13		admission.
14		(Source: P.A. 91-374, eff. 7-30-99.)
15		(Text of Section after amendment by P.A. 96-843)
16		Sec. 10-85. Admission requirements.
17		(a) No new student shall be admitted to instruction in any
18		of the departments or colleges of the Eastern Illinois
19		University unless such student also has satisfactorily
20		completed:
21		(1) at least 15 units of high school coursework from
22		the following 5 categories:
23		(A) 4 years of English (emphasizing written and
24		oral communications and literature), of which up to 2
25		years may be collegiate level instruction;

SB3733 Engrossed - 972 - LRB096 19592 AMC 34984 b
1		(B) 3 years of social studies (emphasizing history
2		and government);
3		(C) 3 years of mathematics (introductory through
4		advanced algebra, geometry, trigonometry, or
5		fundamentals of computer programming);
6		(D) 3 years of science (laboratory sciences); and
7		(E) 2 years of electives in foreign language
8		( ,which may be deemed to include American Sign
9		Language), music, vocational education or art;
10		(2) except that Eastern Illinois University may admit
11		individual applicants if it determines through assessment
12		or through evaluation based on learning outcomes of the
13		coursework taken, including vocational education courses
14		and courses taken in a charter school established under
15		Article 27A of the School Code, that the applicant
16		demonstrates knowledge and skills substantially equivalent
17		to the knowledge and skills expected to be acquired in the
18		high school courses required for admission. The Board of
19		Trustees of Eastern Illinois University shall not
20		discriminate in the University's admissions process
21		against an applicant for admission because of the
22		applicant's enrollment in a charter school established
23		under Article 27A of the School Code. Eastern Illinois
24		University may also admit (i) applicants who did not have
25		an opportunity to complete the minimum college preparatory
26		curriculum in high school, and (ii) educationally

SB3733 Engrossed - 973 - LRB096 19592 AMC 34984 b
1		disadvantaged applicants who are admitted to the formal
2		organized special assistance programs that are tailored to
3		the needs of such students, providing that in either case,
4		the institution incorporates in the applicant's
5		baccalaureate curriculum courses or other academic
6		activities that compensate for course deficiencies; and
7		(3) except that up to 3 of 15 units of coursework
8		required by paragraph (1) of this subsection may be
9		distributed by deducting no more than one unit each from
10		the categories of social studies, mathematics, sciences
11		and electives and completing those 3 units in any of the 5
12		categories of coursework described in paragraph (1).
13		(b) When allocating funds, local boards of education shall
14		recognize their obligation to their students to offer the
15		coursework required by subsection (a).
16		(c) A student who has graduated from high school and has
17		scored within the University's accepted range on the ACT or SAT
18		shall not be required to take the high school level General
19		Educational Development (GED) Test as a prerequisite to
20		admission.
21		(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
22		(110 ILCS 665/10-140)
23		Sec. 10-140. Buildings available for emergency purposes.
24		The Board shall make mutually agreed buildings of the
25		university available for emergency purposes, upon the request

SB3733 Engrossed - 974 - LRB096 19592 AMC 34984 b
1		of the Illinois Emergency Management Agency, the
2		State-accredited emergency management agency with
3		jurisdiction, or the American Red Cross, and cooperate in all
4		matters with the Illinois Emergency Management Agency, local
5		emergency management agencies, State-certified, local public
6		health departments, the American Red Cross, and federal
7		agencies concerned with emergency preparedness and response.
8		(Source: P.A. 96-57, eff. 7-23-09.)
9		(110 ILCS 665/10-145)
10		Sec. 10-145 10-140. Veterans' Day; moment of silence. If
11		the University holds any type of event at the University on
12		November 11, Veterans' Day, the Board shall require a moment of
13		silence at that event to recognize Veterans' Day.
14		(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
15		(110 ILCS 665/10-150)
16		Sec. 10-150 10-140. Faculty and staff contact with public
17		officials. All faculty and staff members of the University are
18		free to communicate their views on any matter of private or
19		public concern to any member of the legislative, executive, or
20		judicial branch of government, State or federal, without notice
21		to or prior approval of the University, so long as they do not
22		represent that they are speaking for or on behalf of the
23		University.
24		(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)

SB3733 Engrossed - 975 - LRB096 19592 AMC 34984 b
1		(110 ILCS 665/10-155)
2		Sec. 10-155 10-140. Faculty and staff political displays.
3		The University may not prohibit any faculty or staff member
4		from (i) displaying political buttons, stickers, or patches
5		while on University property, provided that such display by any
6		member of the faculty in an instructional setting is for a
7		purpose relevant to the subject of instruction; (ii) attending
8		a partisan political rally, provided that the employee is not
9		on duty; or (iii) displaying a partisan bumper sticker on his
10		or her motor vehicle.
11		(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
12		(110 ILCS 665/10-160)
13		Sec. 10-160 10-140. Disability history and awareness. The
14		University may conduct and promote activities that provide
15		education on, awareness of, and an understanding of disability
16		history, people with disabilities, and the disability rights
17		movement.
18		(Source: P.A. 96-191, eff. 1-1-10; revised 10-23-09.)
19		(110 ILCS 665/10-165)
20		Sec. 10-165 10-140. Administrator and faculty salary and
21		benefits; report. The Board of Trustees shall report to the
22		Board of Higher Education, on or before July 1 of each year,
23		the base salary and benefits of the president of the university

SB3733 Engrossed - 976 - LRB096 19592 AMC 34984 b
1		and all administrators, faculty members, and instructors
2		employed by the university. For the purposes of this Section,
3		"benefits" includes without limitation vacation days, sick
4		days, bonuses, annuities, and retirement enhancements.
5		(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
6		Section 320. The Governors State University Law is amended
7		by changing Section 15-85 and by setting forth and renumbering
8		multiple versions of Section 15-140 as follows:
9		(110 ILCS 670/15-85)
10		(Text of Section before amendment by P.A. 96-843)
11		Sec. 15-85. Admission requirements.
12		(a) No new student shall be admitted to instruction in any
13		of the departments or colleges of the Governors State
14		University unless such student also has satisfactorily
15		completed:
16		(1) at least 15 units of high school coursework from
17		the following 5 categories:
18		(A) 4 years of English (emphasizing written and
19		oral communications and literature), of which up to 2
20		years may be collegiate level instruction;
21		(B) 3 years of social studies (emphasizing history
22		and government);
23		(C) 3 years of mathematics (introductory through
24		advanced algebra, geometry, trigonometry, or

SB3733 Engrossed - 977 - LRB096 19592 AMC 34984 b
1		fundamentals of computer programming);
2		(D) 3 years of science (laboratory sciences); and
3		(E) 2 years of electives in foreign language,
4		music, vocational education or art;
5		(2) except that Governors State University may admit
6		individual applicants if it determines through assessment
7		or through evaluation based on learning outcomes of the
8		coursework taken, including vocational education courses
9		and courses taken in a charter school established under
10		Article 27A of the School Code, that the applicant
11		demonstrates knowledge and skills substantially equivalent
12		to the knowledge and skills expected to be acquired in the
13		high school courses required for admission. The Board of
14		Trustees of Governors State University shall not
15		discriminate in the University's admissions process
16		against an applicant for admission because of the
17		applicant's enrollment in a charter school established
18		under Article 27A of the School Code. Governors State
19		University may also admit (i) applicants who did not have
20		an opportunity to complete the minimum college preparatory
21		curriculum in high school, and (ii) educationally
22		disadvantaged applicants who are admitted to the formal
23		organized special assistance programs that are tailored to
24		the needs of such students, providing that in either case,
25		the institution incorporates in the applicant's
26		baccalaureate curriculum courses or other academic

SB3733 Engrossed - 978 - LRB096 19592 AMC 34984 b
1		activities that compensate for course deficiencies; and
2		(3) except that up to 3 of 15 units of coursework
3		required by paragraph (1) of this subsection may be
4		distributed by deducting no more than one unit each from
5		the categories of social studies, mathematics, sciences
6		and electives and completing those 3 units in any of the 5
7		categories of coursework described in paragraph (1).
8		(b) When allocating funds, local boards of education shall
9		recognize their obligation to their students to offer the
10		coursework required by subsection (a).
11		(c) A student who has graduated from high school and has
12		scored within the University's accepted range on the ACT or SAT
13		shall not be required to take the high school level General
14		Educational Development (GED) Test as a prerequisite to
15		admission.
16		(Source: P.A. 91-374, eff. 7-30-99.)
17		(Text of Section after amendment by P.A. 96-843)
18		Sec. 15-85. Admission requirements.
19		(a) No new student shall be admitted to instruction in any
20		of the departments or colleges of the Governors State
21		University unless such student also has satisfactorily
22		completed:
23		(1) at least 15 units of high school coursework from
24		the following 5 categories:
25		(A) 4 years of English (emphasizing written and

SB3733 Engrossed - 979 - LRB096 19592 AMC 34984 b
1		oral communications and literature), of which up to 2
2		years may be collegiate level instruction;
3		(B) 3 years of social studies (emphasizing history
4		and government);
5		(C) 3 years of mathematics (introductory through
6		advanced algebra, geometry, trigonometry, or
7		fundamentals of computer programming);
8		(D) 3 years of science (laboratory sciences); and
9		(E) 2 years of electives in foreign language
10		( ,which may be deemed to include American Sign
11		Language), music, vocational education or art;
12		(2) except that Governors State University may admit
13		individual applicants if it determines through assessment
14		or through evaluation based on learning outcomes of the
15		coursework taken, including vocational education courses
16		and courses taken in a charter school established under
17		Article 27A of the School Code, that the applicant
18		demonstrates knowledge and skills substantially equivalent
19		to the knowledge and skills expected to be acquired in the
20		high school courses required for admission. The Board of
21		Trustees of Governors State University shall not
22		discriminate in the University's admissions process
23		against an applicant for admission because of the
24		applicant's enrollment in a charter school established
25		under Article 27A of the School Code. Governors State
26		University may also admit (i) applicants who did not have

SB3733 Engrossed - 980 - LRB096 19592 AMC 34984 b
1		an opportunity to complete the minimum college preparatory
2		curriculum in high school, and (ii) educationally
3		disadvantaged applicants who are admitted to the formal
4		organized special assistance programs that are tailored to
5		the needs of such students, providing that in either case,
6		the institution incorporates in the applicant's
7		baccalaureate curriculum courses or other academic
8		activities that compensate for course deficiencies; and
9		(3) except that up to 3 of 15 units of coursework
10		required by paragraph (1) of this subsection may be
11		distributed by deducting no more than one unit each from
12		the categories of social studies, mathematics, sciences
13		and electives and completing those 3 units in any of the 5
14		categories of coursework described in paragraph (1).
15		(b) When allocating funds, local boards of education shall
16		recognize their obligation to their students to offer the
17		coursework required by subsection (a).
18		(c) A student who has graduated from high school and has
19		scored within the University's accepted range on the ACT or SAT
20		shall not be required to take the high school level General
21		Educational Development (GED) Test as a prerequisite to
22		admission.
23		(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
24		(110 ILCS 670/15-140)
25		Sec. 15-140. Buildings available for emergency purposes.

SB3733 Engrossed - 981 - LRB096 19592 AMC 34984 b
1		The Board shall make mutually agreed buildings of the
2		university available for emergency purposes, upon the request
3		of the Illinois Emergency Management Agency, the
4		State-accredited emergency management agency with
5		jurisdiction, or the American Red Cross, and cooperate in all
6		matters with the Illinois Emergency Management Agency, local
7		emergency management agencies, State-certified, local public
8		health departments, the American Red Cross, and federal
9		agencies concerned with emergency preparedness and response.
10		(Source: P.A. 96-57, eff. 7-23-09.)
11		(110 ILCS 670/15-145)
12		Sec. 15-145 15-140. Veterans' Day; moment of silence. If
13		the University holds any type of event at the University on
14		November 11, Veterans' Day, the Board shall require a moment of
15		silence at that event to recognize Veterans' Day.
16		(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
17		(110 ILCS 670/15-150)
18		Sec. 15-150 15-140. Faculty and staff contact with public
19		officials. All faculty and staff members of the University are
20		free to communicate their views on any matter of private or
21		public concern to any member of the legislative, executive, or
22		judicial branch of government, State or federal, without notice
23		to or prior approval of the University, so long as they do not
24		represent that they are speaking for or on behalf of the

SB3733 Engrossed - 982 - LRB096 19592 AMC 34984 b
1		University.
2		(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)
3		(110 ILCS 670/15-155)
4		Sec. 15-155 15-140. Faculty and staff political displays.
5		The University may not prohibit any faculty or staff member
6		from (i) displaying political buttons, stickers, or patches
7		while on University property, provided that such display by any
8		member of the faculty in an instructional setting is for a
9		purpose relevant to the subject of instruction; (ii) attending
10		a partisan political rally, provided that the employee is not
11		on duty; or (iii) displaying a partisan bumper sticker on his
12		or her motor vehicle.
13		(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
14		(110 ILCS 670/15-160)
15		Sec. 15-160 15-140. Disability history and awareness. The
16		University may conduct and promote activities that provide
17		education on, awareness of, and an understanding of disability
18		history, people with disabilities, and the disability rights
19		movement.
20		(Source: P.A. 96-191, eff. 1-1-10; revised 10-23-09.)
21		(110 ILCS 670/15-165)
22		Sec. 15-165 15-140. Administrator and faculty salary and
23		benefits; report. The Board of Trustees shall report to the

SB3733 Engrossed - 983 - LRB096 19592 AMC 34984 b
1		Board of Higher Education, on or before July 1 of each year,
2		the base salary and benefits of the president of the university
3		and all administrators, faculty members, and instructors
4		employed by the university. For the purposes of this Section,
5		"benefits" includes without limitation vacation days, sick
6		days, bonuses, annuities, and retirement enhancements.
7		(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
8		Section 325. The Illinois State University Law is amended
9		by changing Section 20-85 and by setting forth and renumbering
10		multiple versions of Section 20-145 as follows:
11		(110 ILCS 675/20-85)
12		(Text of Section before amendment by P.A. 96-843)
13		Sec. 20-85. Admission requirements.
14		(a) No new student shall be admitted to instruction in any
15		of the departments or colleges of the Illinois State University
16		unless such student also has satisfactorily completed:
17		(1) at least 15 units of high school coursework from
18		the following 5 categories:
19		(A) 4 years of English (emphasizing written and
20		oral communications and literature), of which up to 2
21		years may be collegiate level instruction;
22		(B) 3 years of social studies (emphasizing history
23		and government);
24		(C) 3 years of mathematics (introductory through

SB3733 Engrossed - 984 - LRB096 19592 AMC 34984 b
1		advanced algebra, geometry, trigonometry, or
2		fundamentals of computer programming);
3		(D) 3 years of science (laboratory sciences); and
4		(E) 2 years of electives in foreign language,
5		music, vocational education or art;
6		(2) except that Illinois State University may admit
7		individual applicants if it determines through assessment
8		or through evaluation based on learning outcomes of the
9		coursework taken, including vocational education courses
10		and courses taken in a charter school established under
11		Article 27A of the School Code, that the applicant
12		demonstrates knowledge and skills substantially equivalent
13		to the knowledge and skills expected to be acquired in the
14		high school courses required for admission. The Board of
15		Trustees of Illinois State University shall not
16		discriminate in the University's admissions process
17		against an applicant for admission because of the
18		applicant's enrollment in a charter school established
19		under Article 27A of the School Code. Illinois State
20		University may also admit (i) applicants who did not have
21		an opportunity to complete the minimum college preparatory
22		curriculum in high school, and (ii) educationally
23		disadvantaged applicants who are admitted to the formal
24		organized special assistance programs that are tailored to
25		the needs of such students, providing that in either case,
26		the institution incorporates in the applicant's

SB3733 Engrossed - 985 - LRB096 19592 AMC 34984 b
1		baccalaureate curriculum courses or other academic
2		activities that compensate for course deficiencies; and
3		(3) except that up to 3 of 15 units of coursework
4		required by paragraph (1) of this subsection may be
5		distributed by deducting no more than one unit each from
6		the categories of social studies, mathematics, sciences
7		and electives and completing those 3 units in any of the 5
8		categories of coursework described in paragraph (1).
9		(b) When allocating funds, local boards of education shall
10		recognize their obligation to their students to offer the
11		coursework required by subsection (a).
12		(c) A student who has graduated from high school and has
13		scored within the University's accepted range on the ACT or SAT
14		shall not be required to take the high school level General
15		Educational Development (GED) Test as a prerequisite to
16		admission.
17		(Source: P.A. 91-374, eff. 7-30-99.)
18		(Text of Section after amendment by P.A. 96-843)
19		Sec. 20-85. Admission requirements.
20		(a) No new student shall be admitted to instruction in any
21		of the departments or colleges of the Illinois State University
22		unless such student also has satisfactorily completed:
23		(1) at least 15 units of high school coursework from
24		the following 5 categories:
25		(A) 4 years of English (emphasizing written and

SB3733 Engrossed - 986 - LRB096 19592 AMC 34984 b
1		oral communications and literature), of which up to 2
2		years may be collegiate level instruction;
3		(B) 3 years of social studies (emphasizing history
4		and government);
5		(C) 3 years of mathematics (introductory through
6		advanced algebra, geometry, trigonometry, or
7		fundamentals of computer programming);
8		(D) 3 years of science (laboratory sciences); and
9		(E) 2 years of electives in foreign language
10		( ,which may be deemed to include American Sign
11		Language), music, vocational education or art;
12		(2) except that Illinois State University may admit
13		individual applicants if it determines through assessment
14		or through evaluation based on learning outcomes of the
15		coursework taken, including vocational education courses
16		and courses taken in a charter school established under
17		Article 27A of the School Code, that the applicant
18		demonstrates knowledge and skills substantially equivalent
19		to the knowledge and skills expected to be acquired in the
20		high school courses required for admission. The Board of
21		Trustees of Illinois State University shall not
22		discriminate in the University's admissions process
23		against an applicant for admission because of the
24		applicant's enrollment in a charter school established
25		under Article 27A of the School Code. Illinois State
26		University may also admit (i) applicants who did not have

SB3733 Engrossed - 987 - LRB096 19592 AMC 34984 b
1		an opportunity to complete the minimum college preparatory
2		curriculum in high school, and (ii) educationally
3		disadvantaged applicants who are admitted to the formal
4		organized special assistance programs that are tailored to
5		the needs of such students, providing that in either case,
6		the institution incorporates in the applicant's
7		baccalaureate curriculum courses or other academic
8		activities that compensate for course deficiencies; and
9		(3) except that up to 3 of 15 units of coursework
10		required by paragraph (1) of this subsection may be
11		distributed by deducting no more than one unit each from
12		the categories of social studies, mathematics, sciences
13		and electives and completing those 3 units in any of the 5
14		categories of coursework described in paragraph (1).
15		(b) When allocating funds, local boards of education shall
16		recognize their obligation to their students to offer the
17		coursework required by subsection (a).
18		(c) A student who has graduated from high school and has
19		scored within the University's accepted range on the ACT or SAT
20		shall not be required to take the high school level General
21		Educational Development (GED) Test as a prerequisite to
22		admission.
23		(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
24		(110 ILCS 675/20-145)
25		Sec. 20-145. Buildings available for emergency purposes.

SB3733 Engrossed - 988 - LRB096 19592 AMC 34984 b
1		The Board shall make mutually agreed buildings of the
2		university available for emergency purposes, upon the request
3		of the Illinois Emergency Management Agency, the
4		State-accredited emergency management agency with
5		jurisdiction, or the American Red Cross, and cooperate in all
6		matters with the Illinois Emergency Management Agency, local
7		emergency management agencies, State-certified, local public
8		health departments, the American Red Cross, and federal
9		agencies concerned with emergency preparedness and response.
10		(Source: P.A. 96-57, eff. 7-23-09.)
11		(110 ILCS 675/20-150)
12		Sec. 20-150 20-145. Veterans' Day; moment of silence. If
13		the University holds any type of event at the University on
14		November 11, Veterans' Day, the Board shall require a moment of
15		silence at that event to recognize Veterans' Day.
16		(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
17		(110 ILCS 675/20-155)
18		Sec. 20-155 20-145. Faculty and staff contact with public
19		officials. All faculty and staff members of the University are
20		free to communicate their views on any matter of private or
21		public concern to any member of the legislative, executive, or
22		judicial branch of government, State or federal, without notice
23		to or prior approval of the University, so long as they do not
24		represent that they are speaking for or on behalf of the

SB3733 Engrossed - 989 - LRB096 19592 AMC 34984 b
1		University.
2		(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)
3		(110 ILCS 675/20-160)
4		Sec. 20-160 20-145. Faculty and staff political displays.
5		The University may not prohibit any faculty or staff member
6		from (i) displaying political buttons, stickers, or patches
7		while on University property, provided that such display by any
8		member of the faculty in an instructional setting is for a
9		purpose relevant to the subject of instruction; (ii) attending
10		a partisan political rally, provided that the employee is not
11		on duty; or (iii) displaying a partisan bumper sticker on his
12		or her motor vehicle.
13		(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
14		(110 ILCS 675/20-165)
15		Sec. 20-165 20-145. Disability history and awareness. The
16		University may conduct and promote activities that provide
17		education on, awareness of, and an understanding of disability
18		history, people with disabilities, and the disability rights
19		movement.
20		(Source: P.A. 96-191, eff. 1-1-10; revised 10-23-09.)
21		(110 ILCS 675/20-170)
22		Sec. 20-170 20-145. Administrator and faculty salary and
23		benefits; report. The Board of Trustees shall report to the

SB3733 Engrossed - 990 - LRB096 19592 AMC 34984 b
1		Board of Higher Education, on or before July 1 of each year,
2		the base salary and benefits of the president of the university
3		and all administrators, faculty members, and instructors
4		employed by the university. For the purposes of this Section,
5		"benefits" includes without limitation vacation days, sick
6		days, bonuses, annuities, and retirement enhancements.
7		(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
8		Section 330. The Northeastern Illinois University Law is
9		amended by changing Section 25-85 and by setting forth and
10		renumbering multiple versions of Section 25-140 as follows:
11		(110 ILCS 680/25-85)
12		(Text of Section before amendment by P.A. 96-843)
13		Sec. 25-85. Admission requirements.
14		(a) No new student shall be admitted to instruction in any
15		of the departments or colleges of the Northeastern Illinois
16		University unless such student also has satisfactorily
17		completed:
18		(1) at least 15 units of high school coursework from
19		the following 5 categories:
20		(A) 4 years of English (emphasizing written and
21		oral communications and literature), of which up to 2
22		years may be collegiate level instruction;
23		(B) 3 years of social studies (emphasizing history
24		and government);

SB3733 Engrossed - 991 - LRB096 19592 AMC 34984 b
1		(C) 3 years of mathematics (introductory through
2		advanced algebra, geometry, trigonometry, or
3		fundamentals of computer programming);
4		(D) 3 years of science (laboratory sciences); and
5		(E) 2 years of electives in foreign language,
6		music, vocational education or art;
7		(2) except that Northeastern Illinois University may
8		admit individual applicants if it determines through
9		assessment or through evaluation based on learning
10		outcomes of the coursework taken, including vocational
11		education courses and courses taken in a charter school
12		established under Article 27A of the School Code, that the
13		applicant demonstrates knowledge and skills substantially
14		equivalent to the knowledge and skills expected to be
15		acquired in the high school courses required for admission.
16		The Board of Trustees of Northeastern Illinois University
17		shall not discriminate in the University's admissions
18		process against an applicant for admission because of the
19		applicant's enrollment in a charter school established
20		under Article 27A of the School Code. Northeastern Illinois
21		University may also admit (i) applicants who did not have
22		an opportunity to complete the minimum college preparatory
23		curriculum in high school, and (ii) educationally
24		disadvantaged applicants who are admitted to the formal
25		organized special assistance programs that are tailored to
26		the needs of such students, providing that in either case,

SB3733 Engrossed - 992 - LRB096 19592 AMC 34984 b
1		the institution incorporates in the applicant's
2		baccalaureate curriculum courses or other academic
3		activities that compensate for course deficiencies; and
4		(3) except that up to 3 of 15 units of coursework
5		required by paragraph (1) of this subsection may be
6		distributed by deducting no more than one unit each from
7		the categories of social studies, mathematics, sciences
8		and electives and completing those 3 units in any of the 5
9		categories of coursework described in paragraph (1).
10		(b) When allocating funds, local boards of education shall
11		recognize their obligation to their students to offer the
12		coursework required by subsection (a).
13		(c) A student who has graduated from high school and has
14		scored within the University's accepted range on the ACT or SAT
15		shall not be required to take the high school level General
16		Educational Development (GED) Test as a prerequisite to
17		admission.
18		(Source: P.A. 91-374, eff. 7-30-99.)
19		(Text of Section after amendment by P.A. 96-843)
20		Sec. 25-85. Admission requirements.
21		(a) No new student shall be admitted to instruction in any
22		of the departments or colleges of the Northeastern Illinois
23		University unless such student also has satisfactorily
24		completed:
25		(1) at least 15 units of high school coursework from

SB3733 Engrossed - 993 - LRB096 19592 AMC 34984 b
1		the following 5 categories:
2		(A) 4 years of English (emphasizing written and
3		oral communications and literature), of which up to 2
4		years may be collegiate level instruction;
5		(B) 3 years of social studies (emphasizing history
6		and government);
7		(C) 3 years of mathematics (introductory through
8		advanced algebra, geometry, trigonometry, or
9		fundamentals of computer programming);
10		(D) 3 years of science (laboratory sciences); and
11		(E) 2 years of electives in foreign language
12		( ,which may be deemed to include American Sign
13		Language), music, vocational education or art;
14		(2) except that Northeastern Illinois University may
15		admit individual applicants if it determines through
16		assessment or through evaluation based on learning
17		outcomes of the coursework taken, including vocational
18		education courses and courses taken in a charter school
19		established under Article 27A of the School Code, that the
20		applicant demonstrates knowledge and skills substantially
21		equivalent to the knowledge and skills expected to be
22		acquired in the high school courses required for admission.
23		The Board of Trustees of Northeastern Illinois University
24		shall not discriminate in the University's admissions
25		process against an applicant for admission because of the
26		applicant's enrollment in a charter school established

SB3733 Engrossed - 994 - LRB096 19592 AMC 34984 b
1		under Article 27A of the School Code. Northeastern Illinois
2		University may also admit (i) applicants who did not have
3		an opportunity to complete the minimum college preparatory
4		curriculum in high school, and (ii) educationally
5		disadvantaged applicants who are admitted to the formal
6		organized special assistance programs that are tailored to
7		the needs of such students, providing that in either case,
8		the institution incorporates in the applicant's
9		baccalaureate curriculum courses or other academic
10		activities that compensate for course deficiencies; and
11		(3) except that up to 3 of 15 units of coursework
12		required by paragraph (1) of this subsection may be
13		distributed by deducting no more than one unit each from
14		the categories of social studies, mathematics, sciences
15		and electives and completing those 3 units in any of the 5
16		categories of coursework described in paragraph (1).
17		(b) When allocating funds, local boards of education shall
18		recognize their obligation to their students to offer the
19		coursework required by subsection (a).
20		(c) A student who has graduated from high school and has
21		scored within the University's accepted range on the ACT or SAT
22		shall not be required to take the high school level General
23		Educational Development (GED) Test as a prerequisite to
24		admission.
25		(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)

SB3733 Engrossed - 995 - LRB096 19592 AMC 34984 b
1		(110 ILCS 680/25-140)
2		Sec. 25-140. Buildings available for emergency purposes.
3		The Board shall make mutually agreed buildings of the
4		university available for emergency purposes, upon the request
5		of the Illinois Emergency Management Agency, the
6		State-accredited emergency management agency with
7		jurisdiction, or the American Red Cross, and cooperate in all
8		matters with the Illinois Emergency Management Agency, local
9		emergency management agencies, State-certified, local public
10		health departments, the American Red Cross, and federal
11		agencies concerned with emergency preparedness and response.
12		(Source: P.A. 96-57, eff. 7-23-09.)
13		(110 ILCS 680/25-145)
14		Sec. 25-145 25-140. Veterans' Day; moment of silence. If
15		the University holds any type of event at the University on
16		November 11, Veterans' Day, the Board shall require a moment of
17		silence at that event to recognize Veterans' Day.
18		(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
19		(110 ILCS 680/25-150)
20		Sec. 25-150 25-140. Faculty and staff contact with public
21		officials. All faculty and staff members of the University are
22		free to communicate their views on any matter of private or
23		public concern to any member of the legislative, executive, or
24		judicial branch of government, State or federal, without notice

SB3733 Engrossed - 996 - LRB096 19592 AMC 34984 b
1		to or prior approval of the University, so long as they do not
2		represent that they are speaking for or on behalf of the
3		University.
4		(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)
5		(110 ILCS 680/25-155)
6		Sec. 25-155 25-140. Faculty and staff political displays.
7		The University may not prohibit any faculty or staff member
8		from (i) displaying political buttons, stickers, or patches
9		while on University property, provided that such display by any
10		member of the faculty in an instructional setting is for a
11		purpose relevant to the subject of instruction; (ii) attending
12		a partisan political rally, provided that the employee is not
13		on duty; or (iii) displaying a partisan bumper sticker on his
14		or her motor vehicle.
15		(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
16		(110 ILCS 680/25-160)
17		Sec. 25-160 25-140. Disability history and awareness. The
18		University may conduct and promote activities that provide
19		education on, awareness of, and an understanding of disability
20		history, people with disabilities, and the disability rights
21		movement.
22		(Source: P.A. 96-191, eff. 1-1-10; revised 10-23-09.)
23		(110 ILCS 680/25-165)

SB3733 Engrossed - 997 - LRB096 19592 AMC 34984 b
1		Sec. 25-165 25-140. Administrator and faculty salary and
2		benefits; report. The Board of Trustees shall report to the
3		Board of Higher Education, on or before July 1 of each year,
4		the base salary and benefits of the president of the university
5		and all administrators, faculty members, and instructors
6		employed by the university. For the purposes of this Section,
7		"benefits" includes without limitation vacation days, sick
8		days, bonuses, annuities, and retirement enhancements.
9		(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
10		Section 335. The Northern Illinois University Law is
11		amended by changing Section 30-85 and by setting forth and
12		renumbering multiple versions of Section 30-150 as follows:
13		(110 ILCS 685/30-85)
14		(Text of Section before amendment by P.A. 96-843)
15		Sec. 30-85. Admission requirements.
16		(a) No new student shall be admitted to instruction in any
17		of the departments or colleges of the Northern Illinois
18		University unless such student also has satisfactorily
19		completed:
20		(1) at least 15 units of high school coursework from
21		the following 5 categories:
22		(A) 4 years of English (emphasizing written and
23		oral communications and literature), of which up to 2
24		years may be collegiate level instruction;

SB3733 Engrossed - 998 - LRB096 19592 AMC 34984 b
1		(B) 3 years of social studies (emphasizing history
2		and government);
3		(C) 3 years of mathematics (introductory through
4		advanced algebra, geometry, trigonometry, or
5		fundamentals of computer programming);
6		(D) 3 years of science (laboratory sciences); and
7		(E) 2 years of electives in foreign language,
8		music, vocational education or art;
9		(2) except that Northern Illinois University may admit
10		individual applicants if it determines through assessment
11		or through evaluation based on learning outcomes of the
12		coursework taken, including vocational education courses
13		and courses taken in a charter school established under
14		Article 27A of the School Code, that the applicant
15		demonstrates knowledge and skills substantially equivalent
16		to the knowledge and skills expected to be acquired in the
17		high school courses required for admission. The Board of
18		Trustees of Northern Illinois University shall not
19		discriminate in the University's admissions process
20		against an applicant for admission because of the
21		applicant's enrollment in a charter school established
22		under Article 27A of the School Code. Northern Illinois
23		University may also admit (i) applicants who did not have
24		an opportunity to complete the minimum college preparatory
25		curriculum in high school, and (ii) educationally
26		disadvantaged applicants who are admitted to the formal

SB3733 Engrossed - 999 - LRB096 19592 AMC 34984 b
1		organized special assistance programs that are tailored to
2		the needs of such students, providing that in either case,
3		the institution incorporates in the applicant's
4		baccalaureate curriculum courses or other academic
5		activities that compensate for course deficiencies; and
6		(3) except that up to 3 of 15 units of coursework
7		required by paragraph (1) of this subsection may be
8		distributed by deducting no more than one unit each from
9		the categories of social studies, mathematics, sciences
10		and electives and completing those 3 units in any of the 5
11		categories of coursework described in paragraph (1).
12		(b) When allocating funds, local boards of education shall
13		recognize their obligation to their students to offer the
14		coursework required by subsection (a).
15		(c) A student who has graduated from high school and has
16		scored within the University's accepted range on the ACT or SAT
17		shall not be required to take the high school level General
18		Educational Development (GED) Test as a prerequisite to
19		admission.
20		(Source: P.A. 91-374, eff. 7-30-99.)
21		(Text of Section after amendment by P.A. 96-843)
22		Sec. 30-85. Admission requirements.
23		(a) No new student shall be admitted to instruction in any
24		of the departments or colleges of the Northern Illinois
25		University unless such student also has satisfactorily

SB3733 Engrossed - 1000 - LRB096 19592 AMC 34984 b
1		completed:
2		(1) at least 15 units of high school coursework from
3		the following 5 categories:
4		(A) 4 years of English (emphasizing written and
5		oral communications and literature), of which up to 2
6		years may be collegiate level instruction;
7		(B) 3 years of social studies (emphasizing history
8		and government);
9		(C) 3 years of mathematics (introductory through
10		advanced algebra, geometry, trigonometry, or
11		fundamentals of computer programming);
12		(D) 3 years of science (laboratory sciences); and
13		(E) 2 years of electives in foreign language
14		( ,which may be deemed to include American Sign
15		Language), music, vocational education or art;
16		(2) except that Northern Illinois University may admit
17		individual applicants if it determines through assessment
18		or through evaluation based on learning outcomes of the
19		coursework taken, including vocational education courses
20		and courses taken in a charter school established under
21		Article 27A of the School Code, that the applicant
22		demonstrates knowledge and skills substantially equivalent
23		to the knowledge and skills expected to be acquired in the
24		high school courses required for admission. The Board of
25		Trustees of Northern Illinois University shall not
26		discriminate in the University's admissions process

SB3733 Engrossed - 1001 - LRB096 19592 AMC 34984 b
1		against an applicant for admission because of the
2		applicant's enrollment in a charter school established
3		under Article 27A of the School Code. Northern Illinois
4		University may also admit (i) applicants who did not have
5		an opportunity to complete the minimum college preparatory
6		curriculum in high school, and (ii) educationally
7		disadvantaged applicants who are admitted to the formal
8		organized special assistance programs that are tailored to
9		the needs of such students, providing that in either case,
10		the institution incorporates in the applicant's
11		baccalaureate curriculum courses or other academic
12		activities that compensate for course deficiencies; and
13		(3) except that up to 3 of 15 units of coursework
14		required by paragraph (1) of this subsection may be
15		distributed by deducting no more than one unit each from
16		the categories of social studies, mathematics, sciences
17		and electives and completing those 3 units in any of the 5
18		categories of coursework described in paragraph (1).
19		(b) When allocating funds, local boards of education shall
20		recognize their obligation to their students to offer the
21		coursework required by subsection (a).
22		(c) A student who has graduated from high school and has
23		scored within the University's accepted range on the ACT or SAT
24		shall not be required to take the high school level General
25		Educational Development (GED) Test as a prerequisite to
26		admission.

SB3733 Engrossed - 1002 - LRB096 19592 AMC 34984 b
1		(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
2		(110 ILCS 685/30-150)
3		Sec. 30-150. Buildings available for emergency purposes.
4		The Board shall make mutually agreed buildings of the
5		university available for emergency purposes, upon the request
6		of the Illinois Emergency Management Agency, the
7		State-accredited emergency management agency with
8		jurisdiction, or the American Red Cross, and cooperate in all
9		matters with the Illinois Emergency Management Agency, local
10		emergency management agencies, State-certified, local public
11		health departments, the American Red Cross, and federal
12		agencies concerned with emergency preparedness and response.
13		(Source: P.A. 96-57, eff. 7-23-09.)
14		(110 ILCS 685/30-155)
15		Sec. 30-155 30-150. Veterans' Day; moment of silence. If
16		the University holds any type of event at the University on
17		November 11, Veterans' Day, the Board shall require a moment of
18		silence at that event to recognize Veterans' Day.
19		(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
20		(110 ILCS 685/30-160)
21		Sec. 30-160 30-150. Faculty and staff contact with public
22		officials. All faculty and staff members of the University are
23		free to communicate their views on any matter of private or

SB3733 Engrossed - 1003 - LRB096 19592 AMC 34984 b
1		public concern to any member of the legislative, executive, or
2		judicial branch of government, State or federal, without notice
3		to or prior approval of the University, so long as they do not
4		represent that they are speaking for or on behalf of the
5		University.
6		(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)
7		(110 ILCS 685/30-165)
8		Sec. 30-165 30-150. Faculty and staff political displays.
9		The University may not prohibit any faculty or staff member
10		from (i) displaying political buttons, stickers, or patches
11		while on University property, provided that such display by any
12		member of the faculty in an instructional setting is for a
13		purpose relevant to the subject of instruction; (ii) attending
14		a partisan political rally, provided that the employee is not
15		on duty; or (iii) displaying a partisan bumper sticker on his
16		or her motor vehicle.
17		(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
18		(110 ILCS 685/30-170)
19		Sec. 30-170 30-150. Disability history and awareness. The
20		University may conduct and promote activities that provide
21		education on, awareness of, and an understanding of disability
22		history, people with disabilities, and the disability rights
23		movement.
24		(Source: P.A. 96-191, eff. 1-1-10; revised 10-23-09.)

SB3733 Engrossed - 1004 - LRB096 19592 AMC 34984 b
1		(110 ILCS 685/30-175)
2		Sec. 30-175 30-150. Administrator and faculty salary and
3		benefits; report. The Board of Trustees shall report to the
4		Board of Higher Education, on or before July 1 of each year,
5		the base salary and benefits of the president of the university
6		and all administrators, faculty members, and instructors
7		employed by the university. For the purposes of this Section,
8		"benefits" includes without limitation vacation days, sick
9		days, bonuses, annuities, and retirement enhancements.
10		(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
11		Section 340. The Western Illinois University Law is amended
12		by changing Section 35-85 and by setting forth and renumbering
13		multiple versions of Section 35-145 as follows:
14		(110 ILCS 690/35-85)
15		(Text of Section before amendment by P.A. 96-843)
16		Sec. 35-85. Admission requirements.
17		(a) No new student shall be admitted to instruction in any
18		of the departments or colleges of the Western Illinois
19		University unless such student also has satisfactorily
20		completed:
21		(1) at least 15 units of high school coursework from
22		the following 5 categories:
23		(A) 4 years of English (emphasizing written and

SB3733 Engrossed - 1005 - LRB096 19592 AMC 34984 b
1		oral communications and literature), of which up to 2
2		years may be collegiate level instruction;
3		(B) 3 years of social studies (emphasizing history
4		and government);
5		(C) 3 years of mathematics (introductory through
6		advanced algebra, geometry, trigonometry, or
7		fundamentals of computer programming);
8		(D) 3 years of science (laboratory sciences); and
9		(E) 2 years of electives in foreign language,
10		music, vocational education or art;
11		(2) except that Western Illinois University may admit
12		individual applicants if it determines through assessment
13		or through evaluation based on learning outcomes of the
14		coursework taken, including vocational education courses
15		and courses taken in a charter school established under
16		Article 27A of the School Code, that the applicant
17		demonstrates knowledge and skills substantially equivalent
18		to the knowledge and skills expected to be acquired in the
19		high school courses required for admission. The Board of
20		Trustees of Western Illinois University shall not
21		discriminate in the University's admissions process
22		against an applicant for admission because of the
23		applicant's enrollment in a charter school established
24		under Article 27A of the School Code. Western Illinois
25		University may also admit (i) applicants who did not have
26		an opportunity to complete the minimum college preparatory

SB3733 Engrossed - 1006 - LRB096 19592 AMC 34984 b
1		curriculum in high school, and (ii) educationally
2		disadvantaged applicants who are admitted to the formal
3		organized special assistance programs that are tailored to
4		the needs of such students, providing that in either case,
5		the institution incorporates in the applicant's
6		baccalaureate curriculum courses or other academic
7		activities that compensate for course deficiencies; and
8		(3) except that up to 3 of 15 units of coursework
9		required by paragraph (1) of this subsection may be
10		distributed by deducting no more than one unit each from
11		the categories of social studies, mathematics, sciences
12		and electives and completing those 3 units in any of the 5
13		categories of coursework described in paragraph (1).
14		(b) When allocating funds, local boards of education shall
15		recognize their obligation to their students to offer the
16		coursework required by subsection (a).
17		(c) A student who has graduated from high school and has
18		scored within the University's accepted range on the ACT or SAT
19		shall not be required to take the high school level General
20		Educational Development (GED) Test as a prerequisite to
21		admission.
22		(Source: P.A. 91-374, eff. 7-30-99.)
23		(Text of Section after amendment by P.A. 96-843)
24		Sec. 35-85. Admission requirements.
25		(a) No new student shall be admitted to instruction in any

SB3733 Engrossed - 1007 - LRB096 19592 AMC 34984 b
1		of the departments or colleges of the Western Illinois
2		University unless such student also has satisfactorily
3		completed:
4		(1) at least 15 units of high school coursework from
5		the following 5 categories:
6		(A) 4 years of English (emphasizing written and
7		oral communications and literature), of which up to 2
8		years may be collegiate level instruction;
9		(B) 3 years of social studies (emphasizing history
10		and government);
11		(C) 3 years of mathematics (introductory through
12		advanced algebra, geometry, trigonometry, or
13		fundamentals of computer programming);
14		(D) 3 years of science (laboratory sciences); and
15		(E) 2 years of electives in foreign language
16		( ,which may be deemed to include American Sign
17		Language), music, vocational education or art;
18		(2) except that Western Illinois University may admit
19		individual applicants if it determines through assessment
20		or through evaluation based on learning outcomes of the
21		coursework taken, including vocational education courses
22		and courses taken in a charter school established under
23		Article 27A of the School Code, that the applicant
24		demonstrates knowledge and skills substantially equivalent
25		to the knowledge and skills expected to be acquired in the
26		high school courses required for admission. The Board of

SB3733 Engrossed - 1008 - LRB096 19592 AMC 34984 b
1		Trustees of Western Illinois University shall not
2		discriminate in the University's admissions process
3		against an applicant for admission because of the
4		applicant's enrollment in a charter school established
5		under Article 27A of the School Code. Western Illinois
6		University may also admit (i) applicants who did not have
7		an opportunity to complete the minimum college preparatory
8		curriculum in high school, and (ii) educationally
9		disadvantaged applicants who are admitted to the formal
10		organized special assistance programs that are tailored to
11		the needs of such students, providing that in either case,
12		the institution incorporates in the applicant's
13		baccalaureate curriculum courses or other academic
14		activities that compensate for course deficiencies; and
15		(3) except that up to 3 of 15 units of coursework
16		required by paragraph (1) of this subsection may be
17		distributed by deducting no more than one unit each from
18		the categories of social studies, mathematics, sciences
19		and electives and completing those 3 units in any of the 5
20		categories of coursework described in paragraph (1).
21		(b) When allocating funds, local boards of education shall
22		recognize their obligation to their students to offer the
23		coursework required by subsection (a).
24		(c) A student who has graduated from high school and has
25		scored within the University's accepted range on the ACT or SAT
26		shall not be required to take the high school level General

SB3733 Engrossed - 1009 - LRB096 19592 AMC 34984 b
1		Educational Development (GED) Test as a prerequisite to
2		admission.
3		(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
4		(110 ILCS 690/35-145)
5		Sec. 35-145. Buildings available for emergency purposes.
6		The Board shall make mutually agreed buildings of the
7		university available for emergency purposes, upon the request
8		of the Illinois Emergency Management Agency, the
9		State-accredited emergency management agency with
10		jurisdiction, or the American Red Cross, and cooperate in all
11		matters with the Illinois Emergency Management Agency, local
12		emergency management agencies, State-certified, local public
13		health departments, the American Red Cross, and federal
14		agencies concerned with emergency preparedness and response.
15		(Source: P.A. 96-57, eff. 7-23-09.)
16		(110 ILCS 690/35-150)
17		Sec. 35-150 35-145. Veterans' Day; moment of silence. If
18		the University holds any type of event at the University on
19		November 11, Veterans' Day, the Board shall require a moment of
20		silence at that event to recognize Veterans' Day.
21		(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
22		(110 ILCS 690/35-155)
23		Sec. 35-155 35-145. Faculty and staff contact with public

SB3733 Engrossed - 1010 - LRB096 19592 AMC 34984 b
1		officials. All faculty and staff members of the University are
2		free to communicate their views on any matter of private or
3		public concern to any member of the legislative, executive, or
4		judicial branch of government, State or federal, without notice
5		to or prior approval of the University, so long as they do not
6		represent that they are speaking for or on behalf of the
7		University.
8		(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)
9		(110 ILCS 690/35-160)
10		Sec. 35-160 35-145. Faculty and staff political displays.
11		The University may not prohibit any faculty or staff member
12		from (i) displaying political buttons, stickers, or patches
13		while on University property, provided that such display by any
14		member of the faculty in an instructional setting is for a
15		purpose relevant to the subject of instruction; (ii) attending
16		a partisan political rally, provided that the employee is not
17		on duty; or (iii) displaying a partisan bumper sticker on his
18		or her motor vehicle.
19		(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
20		(110 ILCS 690/35-165)
21		Sec. 35-165 35-145. Disability history and awareness. The
22		University may conduct and promote activities that provide
23		education on, awareness of, and an understanding of disability
24		history, people with disabilities, and the disability rights

SB3733 Engrossed - 1011 - LRB096 19592 AMC 34984 b
1		movement.
2		(Source: P.A. 96-191, eff. 1-1-10; revised 10-23-09.)
3		(110 ILCS 690/35-170)
4		Sec. 35-170 35-145. Administrator and faculty salary and
5		benefits; report. The Board of Trustees shall report to the
6		Board of Higher Education, on or before July 1 of each year,
7		the base salary and benefits of the president of the university
8		and all administrators, faculty members, and instructors
9		employed by the university. For the purposes of this Section,
10		"benefits" includes without limitation vacation days, sick
11		days, bonuses, annuities, and retirement enhancements.
12		(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
13		Section 345. The Public Community College Act is amended by
14		setting forth and renumbering multiple versions of Section
15		3-29.4 as follows:
16		(110 ILCS 805/3-29.4)
17		Sec. 3-29.4. Buildings available for emergency purposes.
18		The board shall make mutually agreed buildings of the college
19		available for emergency purposes, upon the request of the
20		Illinois Emergency Management Agency, the State-accredited
21		emergency management agency with jurisdiction, or the American
22		Red Cross, and cooperate in all matters with the Illinois
23		Emergency Management Agency, local emergency management

SB3733 Engrossed - 1012 - LRB096 19592 AMC 34984 b
1		agencies, State-certified, local public health departments,
2		the American Red Cross, and federal agencies concerned with
3		emergency preparedness and response.
4		(Source: P.A. 96-57, eff. 7-23-09.)
5		(110 ILCS 805/3-29.5)
6		Sec. 3-29.5 3-29.4. Veterans' Day; moment of silence. If a
7		community college holds any type of event at the community
8		college on November 11, Veterans' Day, the board shall require
9		a moment of silence at that event to recognize Veterans' Day.
10		(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
11		(110 ILCS 805/3-29.6)
12		Sec. 3-29.6 3-29.4. Faculty and staff contact with public
13		officials. All faculty and staff members of a community college
14		are free to communicate their views on any matter of private or
15		public concern to any member of the legislative, executive, or
16		judicial branch of government, State or federal, without notice
17		to or prior approval of the community college, so long as they
18		do not represent that they are speaking for or on behalf of the
19		community college.
20		(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)
21		(110 ILCS 805/3-29.7)
22		Sec. 3-29.7 3-29.4. Faculty and staff political displays. A
23		community college may not prohibit any faculty or staff member

SB3733 Engrossed - 1013 - LRB096 19592 AMC 34984 b
1		from (i) displaying political buttons, stickers, or patches
2		while on community college property, provided that such display
3		by any member of the faculty in an instructional setting is for
4		a purpose relevant to the subject of instruction; (ii)
5		attending a partisan political rally, provided that the
6		employee is not on duty; or (iii) displaying a partisan bumper
7		sticker on his or her motor vehicle.
8		(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
9		(110 ILCS 805/3-29.8)
10		Sec. 3-29.8 3-29.4. Administrator and faculty salary and
11		benefits; report. Each board of trustees shall report to the
12		Board of Higher Education, on or before July 1 of each year,
13		the base salary and benefits of the president or chief
14		executive officer of the community college and all
15		administrators, faculty members, and instructors employed by
16		the community college district. For the purposes of this
17		Section, "benefits" includes without limitation vacation days,
18		sick days, bonuses, annuities, and retirement enhancements.
19		(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
20		Section 350. The Illinois Banking Act is amended by
21		changing Section 2 as follows:
22		(205 ILCS 5/2) (from Ch. 17, par. 302)
23		Sec. 2. General definitions. In this Act, unless the

SB3733 Engrossed - 1014 - LRB096 19592 AMC 34984 b
1		context otherwise requires, the following words and phrases
2		shall have the following meanings:
3		"Accommodation party" shall have the meaning ascribed to
4		that term in Section 3-419 of the Uniform Commercial Code.
5		"Action" in the sense of a judicial proceeding includes
6		recoupments, counterclaims, set-off, and any other proceeding
7		in which rights are determined.
8		"Affiliate facility" of a bank means a main banking
9		premises or branch of another commonly owned bank. The main
10		banking premises or any branch of a bank may be an "affiliate
11		facility" with respect to one or more other commonly owned
12		banks.
13		"Appropriate federal banking agency" means the Federal
14		Deposit Insurance Corporation, the Federal Reserve Bank of
15		Chicago, or the Federal Reserve Bank of St. Louis, as
16		determined by federal law.
17		"Bank" means any person doing a banking business whether
18		subject to the laws of this or any other jurisdiction.
19		A "banking house", "branch", "branch bank" or "branch
20		office" shall mean any place of business of a bank at which
21		deposits are received, checks paid, or loans made, but shall
22		not include any place at which only records thereof are made,
23		posted, or kept. A place of business at which deposits are
24		received, checks paid, or loans made shall not be deemed to be
25		a branch, branch bank, or branch office if the place of
26		business is adjacent to and connected with the main banking

SB3733 Engrossed - 1015 - LRB096 19592 AMC 34984 b
1		premises, or if it is separated from the main banking premises
2		by not more than an alley; provided always that (i) if the
3		place of business is separated by an alley from the main
4		banking premises there is a connection between the two by
5		public or private way or by subterranean or overhead passage,
6		and (ii) if the place of business is in a building not wholly
7		occupied by the bank, the place of business shall not be within
8		any office or room in which any other business or service of
9		any kind or nature other than the business of the bank is
10		conducted or carried on. A place of business at which deposits
11		are received, checks paid, or loans made shall not be deemed to
12		be a branch, branch bank, or branch office (i) of any bank if
13		the place is a terminal established and maintained in
14		accordance with paragraph (17) of Section 5 of this Act, or
15		(ii) of a commonly owned bank by virtue of transactions
16		conducted at that place on behalf of the other commonly owned
17		bank under paragraph (23) of Section 5 of this Act if the place
18		is an affiliate facility with respect to the other bank.
19		"Branch of an out-of-state bank" means a branch established
20		or maintained in Illinois by an out-of-state bank as a result
21		of a merger between an Illinois bank and the out-of-state bank
22		that occurs on or after May 31, 1997, or any branch established
23		by the out-of-state bank following the merger.
24		"Bylaws" means the bylaws of a bank that are adopted by the
25		bank's board of directors or shareholders for the regulation
26		and management of the bank's affairs. If the bank operates as a

SB3733 Engrossed - 1016 - LRB096 19592 AMC 34984 b
1		limited liability company, however, "bylaws" means the
2		operating agreement of the bank.
3		"Call report fee" means the fee to be paid to the
4		Commissioner by each State bank pursuant to paragraph (a) of
5		subsection (3) of Section 48 of this Act.
6		"Capital" includes the aggregate of outstanding capital
7		stock and preferred stock.
8		"Cash flow reserve account" means the account within the
9		books and records of the Commissioner of Banks and Real Estate
10		used to record funds designated to maintain a reasonable Bank
11		and Trust Company Fund operating balance to meet agency
12		obligations on a timely basis.
13		"Charter" includes the original charter and all amendments
14		thereto and articles of merger or consolidation.
15		"Commissioner" means the Commissioner of Banks and Real
16		Estate, except that beginning on April 6, 2009 (the effective
17		date of Public Act 95-1047) this amendatory Act of the 95th
18		General Assembly, all references in this Act to the
19		Commissioner of Banks and Real Estate are deemed, in
20		appropriate contexts, to be references to the Secretary of
21		Financial and Professional Regulation.
22		"Commonly owned banks" means 2 or more banks that each
23		qualify as a bank subsidiary of the same bank holding company
24		pursuant to Section 18 of the Federal Deposit Insurance Act;
25		"commonly owned bank" refers to one of a group of commonly
26		owned banks but only with respect to one or more of the other

SB3733 Engrossed - 1017 - LRB096 19592 AMC 34984 b
1		banks in the same group.
2		"Community" means a city, village, or incorporated town and
3		also includes the area served by the banking offices of a bank,
4		but need not be limited or expanded to conform to the
5		geographic boundaries of units of local government.
6		"Company" means a corporation, limited liability company,
7		partnership, business trust, association, or similar
8		organization and, unless specifically excluded, includes a
9		"State bank" and a "bank".
10		"Consolidating bank" means a party to a consolidation.
11		"Consolidation" takes place when 2 or more banks, or a
12		trust company and a bank, are extinguished and by the same
13		process a new bank is created, taking over the assets and
14		assuming the liabilities of the banks or trust company passing
15		out of existence.
16		"Continuing bank" means a merging bank, the charter of
17		which becomes the charter of the resulting bank.
18		"Converting bank" means a State bank converting to become a
19		national bank, or a national bank converting to become a State
20		bank.
21		"Converting trust company" means a trust company
22		converting to become a State bank.
23		"Court" means a court of competent jurisdiction.
24		"Director" means a member of the board of directors of a
25		bank. In the case of a manager-managed limited liability
26		company, however, "director" means a manager of the bank and,

SB3733 Engrossed - 1018 - LRB096 19592 AMC 34984 b
1		in the case of a member-managed limited liability company,
2		"director" means a member of the bank. The term "director" does
3		not include an advisory director, honorary director, director
4		emeritus, or similar person, unless the person is otherwise
5		performing functions similar to those of a member of the board
6		of directors.
7		"Eligible depository institution" means an insured savings
8		association that is in default, an insured savings association
9		that is in danger of default, a State or national bank that is
10		in default or a State or national bank that is in danger of
11		default, as those terms are defined in this Section, or a new
12		bank as that term defined in Section 11(m) of the Federal
13		Deposit Insurance Act or a bridge bank as that term is defined
14		in Section 11(n) of the Federal Deposit Insurance Act or a new
15		federal savings association authorized under Section
16		11(d)(2)(f) of the Federal Deposit Insurance Act.
17		"Fiduciary" means trustee, agent, executor, administrator,
18		committee, guardian for a minor or for a person under legal
19		disability, receiver, trustee in bankruptcy, assignee for
20		creditors, or any holder of similar position of trust.
21		"Financial institution" means a bank, savings bank,
22		savings and loan association, credit union, or any licensee
23		under the Consumer Installment Loan Act or the Sales Finance
24		Agency Act and, for purposes of Section 48.3, any proprietary
25		network, funds transfer corporation, or other entity providing
26		electronic funds transfer services, or any corporate

SB3733 Engrossed - 1019 - LRB096 19592 AMC 34984 b
1		fiduciary, its subsidiaries, affiliates, parent company, or
2		contractual service provider that is examined by the
3		Commissioner. For purposes of Section 5c and subsection (b) of
4		Section 13 of this Act, "financial institution" includes any
5		proprietary network, funds transfer corporation, or other
6		entity providing electronic funds transfer services, and any
7		corporate fiduciary.
8		"Foundation" means the Illinois Bank Examiners' Education
9		Foundation.
10		"General obligation" means a bond, note, debenture,
11		security, or other instrument evidencing an obligation of the
12		government entity that is the issuer that is supported by the
13		full available resources of the issuer, the principal and
14		interest of which is payable in whole or in part by taxation.
15		"Guarantee" means an undertaking or promise to answer for
16		payment of another's debt or performance of another's duty,
17		liability, or obligation whether "payment guaranteed" or
18		"collection guaranteed".
19		"In danger of default" means a State or national bank, a
20		federally chartered insured savings association or an Illinois
21		state chartered insured savings association with respect to
22		which the Commissioner or the appropriate federal banking
23		agency has advised the Federal Deposit Insurance Corporation
24		that:
25		(1) in the opinion of the Commissioner or the
26		appropriate federal banking agency,

SB3733 Engrossed - 1020 - LRB096 19592 AMC 34984 b
1		(A) the State or national bank or insured savings
2		association is not likely to be able to meet the
3		demands of the State or national bank's or savings
4		association's obligations in the normal course of
5		business; and
6		(B) there is no reasonable prospect that the State
7		or national bank or insured savings association will be
8		able to meet those demands or pay those obligations
9		without federal assistance; or
10		(2) in the opinion of the Commissioner or the
11		appropriate federal banking agency,
12		(A) the State or national bank or insured savings
13		association has incurred or is likely to incur losses
14		that will deplete all or substantially all of its
15		capital; and
16		(B) there is no reasonable prospect that the
17		capital of the State or national bank or insured
18		savings association will be replenished without
19		federal assistance.
20		"In default" means, with respect to a State or national
21		bank or an insured savings association, any adjudication or
22		other official determination by any court of competent
23		jurisdiction, the Commissioner, the appropriate federal
24		banking agency, or other public authority pursuant to which a
25		conservator, receiver, or other legal custodian is appointed
26		for a State or national bank or an insured savings association.

SB3733 Engrossed - 1021 - LRB096 19592 AMC 34984 b
1		"Insured savings association" means any federal savings
2		association chartered under Section 5 of the federal Home
3		Owners' Loan Act and any State savings association chartered
4		under the Illinois Savings and Loan Act of 1985 or a
5		predecessor Illinois statute, the deposits of which are insured
6		by the Federal Deposit Insurance Corporation. The term also
7		includes a savings bank organized or operating under the
8		Savings Bank Act.
9		"Insured savings association in recovery" means an insured
10		savings association that is not an eligible depository
11		institution and that does not meet the minimum capital
12		requirements applicable with respect to the insured savings
13		association.
14		"Issuer" means for purposes of Section 33 every person who
15		shall have issued or proposed to issue any security; except
16		that (1) with respect to certificates of deposit, voting trust
17		certificates, collateral-trust certificates, and certificates
18		of interest or shares in an unincorporated investment trust not
19		having a board of directors (or persons performing similar
20		functions), "issuer" means the person or persons performing the
21		acts and assuming the duties of depositor or manager pursuant
22		to the provisions of the trust, agreement, or instrument under
23		which the securities are issued; (2) with respect to trusts
24		other than those specified in clause (1) above, where the
25		trustee is a corporation authorized to accept and execute
26		trusts, "issuer" means the entrusters, depositors, or creators

SB3733 Engrossed - 1022 - LRB096 19592 AMC 34984 b
1		of the trust and any manager or committee charged with the
2		general direction of the affairs of the trust pursuant to the
3		provisions of the agreement or instrument creating the trust;
4		and (3) with respect to equipment trust certificates or like
5		securities, "issuer" means the person to whom the equipment or
6		property is or is to be leased or conditionally sold.
7		"Letter of credit" and "customer" shall have the meanings
8		ascribed to those terms in Section 5-102 of the Uniform
9		Commercial Code.
10		"Main banking premises" means the location that is
11		designated in a bank's charter as its main office.
12		"Maker or obligor" means for purposes of Section 33 the
13		issuer of a security, the promisor in a debenture or other debt
14		security, or the mortgagor or grantor of a trust deed or
15		similar conveyance of a security interest in real or personal
16		property.
17		"Merged bank" means a merging bank that is not the
18		continuing, resulting, or surviving bank in a consolidation or
19		merger.
20		"Merger" includes consolidation.
21		"Merging bank" means a party to a bank merger.
22		"Merging trust company" means a trust company party to a
23		merger with a State bank.
24		"Mid-tier bank holding company" means a corporation that
25		(a) owns 100% of the issued and outstanding shares of each
26		class of stock of a State bank, (b) has no other subsidiaries,

SB3733 Engrossed - 1023 - LRB096 19592 AMC 34984 b
1		and (c) 100% of the issued and outstanding shares of the
2		corporation are owned by a parent bank holding company.
3		"Municipality" means any municipality, political
4		subdivision, school district, taxing district, or agency.
5		"National bank" means a national banking association
6		located in this State and after May 31, 1997, means a national
7		banking association without regard to its location.
8		"Out-of-state bank" means a bank chartered under the laws
9		of a state other than Illinois, a territory of the United
10		States, or the District of Columbia.
11		"Parent bank holding company" means a corporation that is a
12		bank holding company as that term is defined in the Illinois
13		Bank Holding Company Act of 1957 and owns 100% of the issued
14		and outstanding shares of a mid-tier bank holding company.
15		"Person" means an individual, corporation, limited
16		liability company, partnership, joint venture, trust, estate,
17		or unincorporated association.
18		"Public agency" means the State of Illinois, the various
19		counties, townships, cities, towns, villages, school
20		districts, educational service regions, special road
21		districts, public water supply districts, fire protection
22		districts, drainage districts, levee districts, sewer
23		districts, housing authorities, the Illinois Bank Examiners'
24		Education Foundation, the Chicago Park District, and all other
25		political corporations or subdivisions of the State of
26		Illinois, whether now or hereafter created, whether herein

SB3733 Engrossed - 1024 - LRB096 19592 AMC 34984 b
1		specifically mentioned or not, and shall also include any other
2		state or any political corporation or subdivision of another
3		state.
4		"Public funds" or "public money" means current operating
5		funds, special funds, interest and sinking funds, and funds of
6		any kind or character belonging to, in the custody of, or
7		subject to the control or regulation of the United States or a
8		public agency. "Public funds" or "public money" shall include
9		funds held by any of the officers, agents, or employees of the
10		United States or of a public agency in the course of their
11		official duties and, with respect to public money of the United
12		States, shall include Postal Savings funds.
13		"Published" means, unless the context requires otherwise,
14		the publishing of the notice or instrument referred to in some
15		newspaper of general circulation in the community in which the
16		bank is located at least once each week for 3 successive weeks.
17		Publishing shall be accomplished by, and at the expense of, the
18		bank required to publish. Where publishing is required, the
19		bank shall submit to the Commissioner that evidence of the
20		publication as the Commissioner shall deem appropriate.
21		"Qualified financial contract" means any security
22		contract, commodity contract, forward contract, including spot
23		and forward foreign exchange contracts, repurchase agreement,
24		swap agreement, and any similar agreement, any option to enter
25		into any such agreement, including any combination of the
26		foregoing, and any master agreement for such agreements. A

SB3733 Engrossed - 1025 - LRB096 19592 AMC 34984 b
1		master agreement, together with all supplements thereto, shall
2		be treated as one qualified financial contract. The contract,
3		option, agreement, or combination of contracts, options, or
4		agreements shall be reflected upon the books, accounts, or
5		records of the bank, or a party to the contract shall provide
6		documentary evidence of such agreement.
7		"Recorded" means the filing or recording of the notice or
8		instrument referred to in the office of the Recorder of the
9		county wherein the bank is located.
10		"Resulting bank" means the bank resulting from a merger or
11		conversion.
12		"Secretary" means the Secretary of Financial and
13		Professional Regulation, or a person authorized by the
14		Secretary or by this Act to act in the Secretary's stead.
15		"Securities" means stocks, bonds, debentures, notes, or
16		other similar obligations.
17		"Stand-by letter of credit" means a letter of credit under
18		which drafts are payable upon the condition the customer has
19		defaulted in performance of a duty, liability, or obligation.
20		"State bank" means any banking corporation that has a
21		banking charter issued by the Commissioner under this Act.
22		"State Banking Board" means the State Banking Board of
23		Illinois.
24		"Subsidiary" with respect to a specified company means a
25		company that is controlled by the specified company. For
26		purposes of paragraphs (8) and (12) of Section 5 of this Act,

SB3733 Engrossed - 1026 - LRB096 19592 AMC 34984 b
1		"control" means the exercise of operational or managerial
2		control of a corporation by the bank, either alone or together
3		with other affiliates of the bank.
4		"Surplus" means the aggregate of (i) amounts paid in excess
5		of the par value of capital stock and preferred stock; (ii)
6		amounts contributed other than for capital stock and preferred
7		stock and allocated to the surplus account; and (iii) amounts
8		transferred from undivided profits.
9		"Tier 1 Capital" and "Tier 2 Capital" have the meanings
10		assigned to those terms in regulations promulgated for the
11		appropriate federal banking agency of a state bank, as those
12		regulations are now or hereafter amended.
13		"Trust company" means a limited liability company or
14		corporation incorporated in this State for the purpose of
15		accepting and executing trusts.
16		"Undivided profits" means undistributed earnings less
17		discretionary transfers to surplus.
18		"Unimpaired capital and unimpaired surplus", for the
19		purposes of paragraph (21) of Section 5 and Sections 32, 33,
20		34, 35.1, 35.2, and 47 of this Act means the sum of the state
21		bank's Tier 1 Capital and Tier 2 Capital plus such other
22		shareholder equity as may be included by regulation of the
23		Commissioner. Unimpaired capital and unimpaired surplus shall
24		be calculated on the basis of the date of the last quarterly
25		call report filed with the Commissioner preceding the date of
26		the transaction for which the calculation is made, provided

SB3733 Engrossed - 1027 - LRB096 19592 AMC 34984 b
1		that: (i) when a material event occurs after the date of the
2		last quarterly call report filed with the Commissioner that
3		reduces or increases the bank's unimpaired capital and
4		unimpaired surplus by 10% or more, then the unimpaired capital
5		and unimpaired surplus shall be calculated from the date of the
6		material event for a transaction conducted after the date of
7		the material event; and (ii) if the Commissioner determines for
8		safety and soundness reasons that a state bank should calculate
9		unimpaired capital and unimpaired surplus more frequently than
10		provided by this paragraph, the Commissioner may by written
11		notice direct the bank to calculate unimpaired capital and
12		unimpaired surplus at a more frequent interval. In the case of
13		a state bank newly chartered under Section 13 or a state bank
14		resulting from a merger, consolidation, or conversion under
15		Sections 21 through 26 for which no preceding quarterly call
16		report has been filed with the Commissioner, unimpaired capital
17		and unimpaired surplus shall be calculated for the first
18		calendar quarter on the basis of the effective date of the
19		charter, merger, consolidation, or conversion.
20		(Source: P.A. 95-924, eff. 8-26-08; 95-1047, eff. 4-6-09;
21		revised 4-14-09.)
22		Section 355. The Residential Mortgage License Act of 1987
23		is amended by changing Sections 1-4, 2-2, 2-6, and 4-1 as
24		follows:

SB3733 Engrossed - 1028 - LRB096 19592 AMC 34984 b
1		(205 ILCS 635/1-4)
2		Sec. 1-4. Definitions.
3		(a) "Residential real property" or "residential real
4		estate" shall mean any real property located in Illinois, upon
5		which is constructed or intended to be constructed a dwelling.
6		(b) "Making a residential mortgage loan" or "funding a
7		residential mortgage loan" shall mean for compensation or gain,
8		either directly or indirectly, advancing funds or making a
9		commitment to advance funds to a loan applicant for a
10		residential mortgage loan.
11		(c) "Soliciting, processing, placing, or negotiating a
12		residential mortgage loan" shall mean for compensation or gain,
13		either directly or indirectly, accepting or offering to accept
14		an application for a residential mortgage loan, assisting or
15		offering to assist in the processing of an application for a
16		residential mortgage loan on behalf of a borrower, or
17		negotiating or offering to negotiate the terms or conditions of
18		a residential mortgage loan with a lender on behalf of a
19		borrower including, but not limited to, the submission of
20		credit packages for the approval of lenders, the preparation of
21		residential mortgage loan closing documents, including a
22		closing in the name of a broker.
23		(d) "Exempt person or entity" shall mean the following:
24		(1) (i) Any banking organization or foreign banking
25		corporation licensed by the Illinois Commissioner of Banks
26		and Real Estate or the United States Comptroller of the

SB3733 Engrossed - 1029 - LRB096 19592 AMC 34984 b
1		Currency to transact business in this State; (ii) any
2		national bank, federally chartered savings and loan
3		association, federal savings bank, federal credit union;
4		(iii) any pension trust, bank trust, or bank trust company;
5		(iv) any bank, savings and loan association, savings bank,
6		or credit union organized under the laws of this or any
7		other state; (v) any Illinois Consumer Installment Loan Act
8		licensee; (vi) any insurance company authorized to
9		transact business in this State; (vii) any entity engaged
10		solely in commercial mortgage lending; (viii) any service
11		corporation of a savings and loan association or savings
12		bank organized under the laws of this State or the service
13		corporation of a federally chartered savings and loan
14		association or savings bank having its principal place of
15		business in this State, other than a service corporation
16		licensed or entitled to reciprocity under the Real Estate
17		License Act of 2000; or (ix) any first tier subsidiary of a
18		bank, the charter of which is issued under the Illinois
19		Banking Act by the Illinois Commissioner of Banks and Real
20		Estate, or the first tier subsidiary of a bank chartered by
21		the United States Comptroller of the Currency and that has
22		its principal place of business in this State, provided
23		that the first tier subsidiary is regularly examined by the
24		Illinois Commissioner of Banks and Real Estate or the
25		Comptroller of the Currency, or a consumer compliance
26		examination is regularly conducted by the Federal Reserve

SB3733 Engrossed - 1030 - LRB096 19592 AMC 34984 b
1		Board.
2		(1.5) Any employee of a person or entity mentioned in
3		item (1) of this subsection, when acting for such person or
4		entity, or any registered mortgage loan originator when
5		acting for an entity described in subsection (tt) of this
6		Section.
7		(2) Any person or entity that does not originate
8		mortgage loans in the ordinary course of business making or
9		acquiring residential mortgage loans with his or her or its
10		own funds for his or her or its own investment without
11		intent to make, acquire, or resell more than 2 residential
12		mortgage loans in any one calendar year.
13		(3) Any person employed by a licensee to assist in the
14		performance of the activities regulated by this Act who is
15		compensated in any manner by only one licensee.
16		(4) (Blank).
17		(5) Any individual, corporation, partnership, or other
18		entity that originates, services, or brokers residential
19		mortgage loans, as these activities are defined in this
20		Act, and who or which receives no compensation for those
21		activities, subject to the Commissioner's regulations with
22		regard to the nature and amount of compensation.
23		(6) (Blank).
24		(e) "Licensee" or "residential mortgage licensee" shall
25		mean a person, partnership, association, corporation, or any
26		other entity who or which is licensed pursuant to this Act to

SB3733 Engrossed - 1031 - LRB096 19592 AMC 34984 b
1		engage in the activities regulated by this Act.
2		(f) "Mortgage loan" "residential mortgage loan" or "home
3		mortgage loan" shall mean any loan primarily for personal,
4		family, or household use that is secured by a mortgage, deed of
5		trust, or other equivalent consensual security interest on a
6		dwelling as defined in Section 103(v) of the federal Truth in
7		Lending Act, or residential real estate upon which is
8		constructed or intended to be constructed a dwelling.
9		(g) "Lender" shall mean any person, partnership,
10		association, corporation, or any other entity who either lends
11		or invests money in residential mortgage loans.
12		(h) "Ultimate equitable owner" shall mean a person who,
13		directly or indirectly, owns or controls an ownership interest
14		in a corporation, foreign corporation, alien business
15		organization, trust, or any other form of business organization
16		regardless of whether the person owns or controls the ownership
17		interest through one or more persons or one or more proxies,
18		powers of attorney, nominees, corporations, associations,
19		partnerships, trusts, joint stock companies, or other entities
20		or devices, or any combination thereof.
21		(i) "Residential mortgage financing transaction" shall
22		mean the negotiation, acquisition, sale, or arrangement for or
23		the offer to negotiate, acquire, sell, or arrange for, a
24		residential mortgage loan or residential mortgage loan
25		commitment.
26		(j) "Personal residence address" shall mean a street

SB3733 Engrossed - 1032 - LRB096 19592 AMC 34984 b
1		address and shall not include a post office box number.
2		(k) "Residential mortgage loan commitment" shall mean a
3		contract for residential mortgage loan financing.
4		(l) "Party to a residential mortgage financing
5		transaction" shall mean a borrower, lender, or loan broker in a
6		residential mortgage financing transaction.
7		(m) "Payments" shall mean payment of all or any of the
8		following: principal, interest and escrow reserves for taxes,
9		insurance and other related reserves, and reimbursement for
10		lender advances.
11		(n) "Commissioner" shall mean the Commissioner of Banks and
12		Real Estate, except that, beginning on April 6, 2009 (the
13		effective date of Public Act 95-1047) this amendatory Act of
14		the 95th General Assembly, all references in this Act to the
15		Commissioner of Banks and Real Estate are deemed, in
16		appropriate contexts, to be references to the Secretary of
17		Financial and Professional Regulation, or his or her designee,
18		including the Director of the Division of Banking of the
19		Department of Financial and Professional Regulation.
20		(n-1) "Director" shall mean the Director of the Division of
21		Banking of the Department of Financial and Professional
22		Regulation, except that, beginning on July 31, 2009 (the
23		effective date of Public Act 96-112) this amendatory Act of the
24		96th General Assembly, all references in this Act to the
25		Director are deemed, in appropriate contexts, to be the
26		Secretary of Financial and Professional Regulation, or his or

SB3733 Engrossed - 1033 - LRB096 19592 AMC 34984 b
1		her designee, including the Director of the Division of Banking
2		of the Department of Financial and Professional Regulation.
3		(o) "Loan brokering", "brokering", or "brokerage service"
4		shall mean the act of helping to obtain from another entity,
5		for a borrower, a loan secured by residential real estate
6		situated in Illinois or assisting a borrower in obtaining a
7		loan secured by residential real estate situated in Illinois in
8		return for consideration to be paid by either the borrower or
9		the lender including, but not limited to, contracting for the
10		delivery of residential mortgage loans to a third party lender
11		and soliciting, processing, placing, or negotiating
12		residential mortgage loans.
13		(p) "Loan broker" or "broker" shall mean a person,
14		partnership, association, corporation, or limited liability
15		company, other than those persons, partnerships, associations,
16		corporations, or limited liability companies exempted from
17		licensing pursuant to Section 1-4, subsection (d), of this Act,
18		who performs the activities described in subsections (c) and
19		(o) of this Section.
20		(q) "Servicing" shall mean the collection or remittance for
21		or the right or obligation to collect or remit for any lender,
22		noteowner, noteholder, or for a licensee's own account, of
23		payments, interests, principal, and trust items such as hazard
24		insurance and taxes on a residential mortgage loan in
25		accordance with the terms of the residential mortgage loan; and
26		includes loan payment follow-up, delinquency loan follow-up,

SB3733 Engrossed - 1034 - LRB096 19592 AMC 34984 b
1		loan analysis and any notifications to the borrower that are
2		necessary to enable the borrower to keep the loan current and
3		in good standing.
4		(r) "Full service office" shall mean an office, provided by
5		the licensee and not subleased from the licensee's employees,
6		and staff in Illinois reasonably adequate to handle efficiently
7		communications, questions, and other matters relating to any
8		application for, or an existing home mortgage secured by
9		residential real estate situated in Illinois with respect to
10		which the licensee is brokering, funding originating,
11		purchasing, or servicing. The management and operation of each
12		full service office must include observance of good business
13		practices such as adequate, organized, and accurate books and
14		records; ample phone lines, hours of business, staff training
15		and supervision, and provision for a mechanism to resolve
16		consumer inquiries, complaints, and problems. The Commissioner
17		shall issue regulations with regard to these requirements and
18		shall include an evaluation of compliance with this Section in
19		his or her periodic examination of each licensee.
20		(s) "Purchasing" shall mean the purchase of conventional or
21		government-insured mortgage loans secured by residential real
22		estate situated in Illinois from either the lender or from the
23		secondary market.
24		(t) "Borrower" shall mean the person or persons who seek
25		the services of a loan broker, originator, or lender.
26		(u) "Originating" shall mean the issuing of commitments for

SB3733 Engrossed - 1035 - LRB096 19592 AMC 34984 b
1		and funding of residential mortgage loans.
2		(v) "Loan brokerage agreement" shall mean a written
3		agreement in which a broker or loan broker agrees to do either
4		of the following:
5		(1) obtain a residential mortgage loan for the borrower
6		or assist the borrower in obtaining a residential mortgage
7		loan; or
8		(2) consider making a residential mortgage loan to the
9		borrower.
10		(w) "Advertisement" shall mean the attempt by publication,
11		dissemination, or circulation to induce, directly or
12		indirectly, any person to enter into a residential mortgage
13		loan agreement or residential mortgage loan brokerage
14		agreement relative to a mortgage secured by residential real
15		estate situated in Illinois.
16		(x) "Residential Mortgage Board" shall mean the
17		Residential Mortgage Board created in Section 1-5 of this Act.
18		(y) "Government-insured mortgage loan" shall mean any
19		mortgage loan made on the security of residential real estate
20		insured by the Department of Housing and Urban Development or
21		Farmers Home Loan Administration, or guaranteed by the Veterans
22		Administration.
23		(z) "Annual audit" shall mean a certified audit of the
24		licensee's books and records and systems of internal control
25		performed by a certified public accountant in accordance with
26		generally accepted accounting principles and generally

SB3733 Engrossed - 1036 - LRB096 19592 AMC 34984 b
1		accepted auditing standards.
2		(aa) "Financial institution" shall mean a savings and loan
3		association, savings bank, credit union, or a bank organized
4		under the laws of Illinois or a savings and loan association,
5		savings bank, credit union or a bank organized under the laws
6		of the United States and headquartered in Illinois.
7		(bb) "Escrow agent" shall mean a third party, individual or
8		entity charged with the fiduciary obligation for holding escrow
9		funds on a residential mortgage loan pending final payout of
10		those funds in accordance with the terms of the residential
11		mortgage loan.
12		(cc) "Net worth" shall have the meaning ascribed thereto in
13		Section 3-5 of this Act.
14		(dd) "Affiliate" shall mean:
15		(1) any entity that directly controls or is controlled
16		by the licensee and any other company that is directly
17		affecting activities regulated by this Act that is
18		controlled by the company that controls the licensee;
19		(2) any entity:
20		(A) that is controlled, directly or indirectly, by
21		a trust or otherwise, by or for the benefit of
22		shareholders who beneficially or otherwise control,
23		directly or indirectly, by trust or otherwise, the
24		licensee or any company that controls the licensee; or
25		(B) a majority of the directors or trustees of
26		which constitute a majority of the persons holding any

SB3733 Engrossed - 1037 - LRB096 19592 AMC 34984 b
1		such office with the licensee or any company that
2		controls the licensee;
3		(3) any company, including a real estate investment
4		trust, that is sponsored and advised on a contractual basis
5		by the licensee or any subsidiary or affiliate of the
6		licensee.
7		The Commissioner may define by rule and regulation any
8		terms used in this Act for the efficient and clear
9		administration of this Act.
10		(ee) "First tier subsidiary" shall be defined by regulation
11		incorporating the comparable definitions used by the Office of
12		the Comptroller of the Currency and the Illinois Commissioner
13		of Banks and Real Estate.
14		(ff) "Gross delinquency rate" means the quotient
15		determined by dividing (1) the sum of (i) the number of
16		government-insured residential mortgage loans funded or
17		purchased by a licensee in the preceding calendar year that are
18		delinquent and (ii) the number of conventional residential
19		mortgage loans funded or purchased by the licensee in the
20		preceding calendar year that are delinquent by (2) the sum of
21		(i) the number of government-insured residential mortgage
22		loans funded or purchased by the licensee in the preceding
23		calendar year and (ii) the number of conventional residential
24		mortgage loans funded or purchased by the licensee in the
25		preceding calendar year.
26		(gg) "Delinquency rate factor" means the factor set by rule

SB3733 Engrossed - 1038 - LRB096 19592 AMC 34984 b
1		of the Commissioner that is multiplied by the average gross
2		delinquency rate of licensees, determined annually for the
3		immediately preceding calendar year, for the purpose of
4		determining which licensees shall be examined by the
5		Commissioner pursuant to subsection (b) of Section 4-8 of this
6		Act.
7		(hh) "Loan originator" means any natural person who, for
8		compensation or in the expectation of compensation, either
9		directly or indirectly makes, offers to make, solicits, places,
10		or negotiates a residential mortgage loan. This definition
11		applies only to Section 7-1 of this Act.
12		(ii) "Confidential supervisory information" means any
13		report of examination, visitation, or investigation prepared
14		by the Commissioner under this Act, any report of examination
15		visitation, or investigation prepared by the state regulatory
16		authority of another state that examines a licensee, any
17		document or record prepared or obtained in connection with or
18		relating to any examination, visitation, or investigation, and
19		any record prepared or obtained by the Commissioner to the
20		extent that the record summarizes or contains information
21		derived from any report, document, or record described in this
22		subsection. "Confidential supervisory information" does not
23		include any information or record routinely prepared by a
24		licensee and maintained in the ordinary course of business or
25		any information or record that is required to be made publicly
26		available pursuant to State or federal law or rule.

SB3733 Engrossed - 1039 - LRB096 19592 AMC 34984 b
1		(jj) "Mortgage loan originator" means an individual who for
2		compensation or gain or in the expectation of compensation or
3		gain:
4		(i) takes a residential mortgage loan application; or
5		(ii) offers or negotiates terms of a residential
6		mortgage loan.
7		"Mortgage loan originator" does not include an individual
8		engaged solely as a loan processor or underwriter except as
9		otherwise provided in subsection (d) of Section 7-1A of this
10		Act.
11		"Mortgage loan originator" does not include a person or
12		entity that only performs real estate brokerage activities and
13		is licensed in accordance with the Real Estate License Act of
14		2000, unless the person or entity is compensated by a lender, a
15		mortgage broker, or other mortgage loan originator, or by any
16		agent of that lender, mortgage broker, or other mortgage loan
17		originator.
18		"Mortgage loan originator" does not include a person or
19		entity solely involved in extensions of credit relating to
20		timeshare plans, as that term is defined in Section 101(53D) of
21		Title 11, United States Code.
22		(kk) "Depository institution" has the same meaning as in
23		Section 3 of the Federal Deposit Insurance Act, and includes
24		any credit union.
25		(ll) "Dwelling" means a residential structure or mobile
26		home which contains one to 4 family housing units, or

SB3733 Engrossed - 1040 - LRB096 19592 AMC 34984 b
1		individual units of condominiums or cooperatives.
2		(mm) "Immediate family member" means a spouse, child,
3		sibling, parent, grandparent, or grandchild, and includes
4		step-parents, step-children, step-siblings, or adoptive
5		relationships.
6		(nn) "Individual" means a natural person.
7		(oo) "Loan processor or underwriter" means an individual
8		who performs clerical or support duties as an employee at the
9		direction of and subject to the supervision and instruction of
10		a person licensed, or exempt from licensing, under this Act.
11		"Clerical or support duties" includes subsequent to the receipt
12		of an application:
13		(i) the receipt, collection, distribution, and
14		analysis of information common for the processing or
15		underwriting of a residential mortgage loan; and
16		(ii) communicating with a consumer to obtain the
17		information necessary for the processing or underwriting
18		of a loan, to the extent that the communication does not
19		include offering or negotiating loan rates or terms, or
20		counseling consumers about residential mortgage loan rates
21		or terms. An individual engaging solely in loan processor
22		or underwriter activities shall not represent to the
23		public, through advertising or other means of
24		communicating or providing information, including the use
25		of business cards, stationery, brochures, signs, rate
26		lists, or other promotional items, that the individual can

SB3733 Engrossed - 1041 - LRB096 19592 AMC 34984 b
1		or will perform any of the activities of a mortgage loan
2		originator.
3		(pp) "Nationwide Mortgage Licensing System and Registry"
4		means a mortgage licensing system developed and maintained by
5		the Conference of State Bank Supervisors and the American
6		Association of Residential Mortgage Regulators for the
7		licensing and registration of licensed mortgage loan
8		originators.
9		(qq) "Nontraditional mortgage product" means any mortgage
10		product other than a 30-year fixed rate mortgage.
11		(rr) "Person" means a natural person, corporation,
12		company, limited liability company, partnership, or
13		association.
14		(ss) "Real estate brokerage activity" means any activity
15		that involves offering or providing real estate brokerage
16		services to the public, including:
17		(1) acting as a real estate agent or real estate broker
18		for a buyer, seller, lessor, or lessee of real property;
19		(2) bringing together parties interested in the sale,
20		purchase, lease, rental, or exchange of real property;
21		(3) negotiating, on behalf of any party, any portion of
22		a contract relating to the sale, purchase, lease, rental,
23		or exchange of real property, other than in connection with
24		providing financing with respect to any such transaction;
25		(4) engaging in any activity for which a person engaged
26		in the activity is required to be registered or licensed as

SB3733 Engrossed - 1042 - LRB096 19592 AMC 34984 b
1		a real estate agent or real estate broker under any
2		applicable law; or
3		(5) offering to engage in any activity, or act in any
4		capacity, described in this subsection (ss).
5		(tt) "Registered mortgage loan originator" means any
6		individual that:
7		(1) meets the definition of mortgage loan originator
8		and is an employee of:
9		(A) a depository institution;
10		(B) a subsidiary that is:
11		(i) owned and controlled by a depository
12		institution; and
13		(ii) regulated by a federal banking agency; or
14		(C) an institution regulated by the Farm Credit
15		Administration; and
16		(2) is registered with, and maintains a unique
17		identifier through, the Nationwide Mortgage Licensing
18		System and Registry.
19		(uu) "Unique identifier" means a number or other identifier
20		assigned by protocols established by the Nationwide Mortgage
21		Licensing System and Registry.
22		(vv) "Residential mortgage license" means a license issued
23		pursuant to Section 1-3, 2-2, or 2-6 of this Act.
24		(ww) "Mortgage loan originator license" means a license
25		issued pursuant to Section 7-1A, 7-3, or 7-6 of this Act.
26		(xx) (jj) "Secretary" means the Secretary of the Department

SB3733 Engrossed - 1043 - LRB096 19592 AMC 34984 b
1		of Financial and Professional Regulation, or a person
2		authorized by the Secretary or by this Act to act in the
3		Secretary's stead.
4		(Source: P.A. 95-1047, eff. 4-6-09; 96-112, eff. 7-31-09;
5		revised 8-20-09.)
6		(205 ILCS 635/2-2)
7		Sec. 2-2. Application process; investigation; fee.
8		(a) The Secretary shall issue a license upon completion of
9		all of the following:
10		(1) The filing of an application for license with the
11		Director or the Nationwide Mortgage Licensing System and
12		Registry as approved by the Director.
13		(2) The filing with the Secretary of a listing of
14		judgments entered against, and bankruptcy petitions by,
15		the license applicant for the preceding 10 years.
16		(3) The payment, in certified funds, of investigation
17		and application fees, the total of which shall be in an
18		amount equal to $2,043 annually. To comply with the common
19		renewal date and requirements of the Nationwide Mortgage
20		Licensing System and Registry, the term of initial licenses
21		may be extended or shortened with applicable fees prorated
22		or combined accordingly.
23		(4) Except for a broker applying to renew a license,
24		the filing of an audited balance sheet including all
25		footnotes prepared by a certified public accountant in

SB3733 Engrossed - 1044 - LRB096 19592 AMC 34984 b
1		accordance with generally accepted accounting principles
2		and generally accepted auditing principles which evidences
3		that the applicant meets the net worth requirements of
4		Section 3-5.
5		(5) The filing of proof satisfactory to the
6		Commissioner that the applicant, the members thereof if the
7		applicant is a partnership or association, the members or
8		managers thereof that retain any authority or
9		responsibility under the operating agreement if the
10		applicant is a limited liability company, or the officers
11		thereof if the applicant is a corporation have 3 years
12		experience preceding application in real estate finance.
13		Instead of this requirement, the applicant and the
14		applicant's officers or members, as applicable, may
15		satisfactorily complete a program of education in real
16		estate finance and fair lending, as approved by the
17		Commissioner, prior to receiving the initial license. The
18		Commissioner shall promulgate rules regarding proof of
19		experience requirements and educational requirements and
20		the satisfactory completion of those requirements. The
21		Commissioner may establish by rule a list of duly licensed
22		professionals and others who may be exempt from this
23		requirement.
24		(6) An investigation of the averments required by
25		Section 2-4, which investigation must allow the
26		Commissioner to issue positive findings stating that the

SB3733 Engrossed - 1045 - LRB096 19592 AMC 34984 b
1		financial responsibility, experience, character, and
2		general fitness of the license applicant and of the members
3		thereof if the license applicant is a partnership or
4		association, of the officers and directors thereof if the
5		license applicant is a corporation, and of the managers and
6		members that retain any authority or responsibility under
7		the operating agreement if the license applicant is a
8		limited liability company are such as to command the
9		confidence of the community and to warrant belief that the
10		business will be operated honestly, fairly and efficiently
11		within the purpose of this Act. If the Commissioner shall
12		not so find, he or she shall not issue such license, and he
13		or she shall notify the license applicant of the denial.
14		The Commissioner may impose conditions on a license if the
15		Commissioner determines that the conditions are necessary or
16		appropriate. These conditions shall be imposed in writing and
17		shall continue in effect for the period prescribed by the
18		Commissioner.
19		(b) All licenses shall be issued to the license applicant.
20		Upon receipt of such license, a residential mortgage
21		licensee shall be authorized to engage in the business
22		regulated by this Act. Such license shall remain in full force
23		and effect until it expires without renewal, is surrendered by
24		the licensee or revoked or suspended as hereinafter provided.
25		(Source: P.A. 95-1047, eff. 4-6-09; 96-112, eff. 7-31-09;
26		revised 8-20-09.)

SB3733 Engrossed - 1046 - LRB096 19592 AMC 34984 b
1		(205 ILCS 635/2-6)
2		Sec. 2-6. License issuance and renewal; fee.
3		(a) Beginning July 1, 2003, licenses shall be renewed every
4		year on the anniversary of the date of issuance of the original
5		license, or the common renewal date of the Nationwide Mortgage
6		Licensing System and Registry as adopted by the Director. To
7		comply with the common renewal date of the Nationwide Mortgage
8		Licensing System and Registry, the term of existing licenses
9		may be extended or shortened with applicable fees prorated
10		accordingly. Properly completed renewal application forms and
11		filing fees must be received by the Secretary 60 days prior to
12		the renewal date.
13		(b) It shall be the responsibility of each licensee to
14		accomplish renewal of its license; failure of the licensee to
15		receive renewal forms absent a request sent by certified mail
16		for such forms will not waive said responsibility. Failure by a
17		licensee to submit a properly completed renewal application
18		form and fees in a timely fashion, absent a written extension
19		from the Secretary, will result in the assessment of additional
20		fees, as follows:
21		(1) A fee of $567.50 will be assessed to the licensee
22		30 days after the proper renewal date and $1,135 each month
23		thereafter, until the license is either renewed or expires
24		pursuant to Section 2-6, subsections (c) and (d), of this
25		Act.

SB3733 Engrossed - 1047 - LRB096 19592 AMC 34984 b
1		(2) Such fee will be assessed without prior notice to
2		the licensee, but will be assessed only in cases wherein
3		the Secretary has in his or her possession documentation of
4		the licensee's continuing activity for which the unrenewed
5		license was issued.
6		(c) A license which is not renewed by the date required in
7		this Section shall automatically become inactive. No activity
8		regulated by this Act shall be conducted by the licensee when a
9		license becomes inactive. The Commissioner may require the
10		licensee to provide a plan for the disposition of any
11		residential mortgage loans not closed or funded when the
12		license becomes inactive. The Commissioner may allow a licensee
13		with an inactive license to conduct activities regulated by
14		this Act for the sole purpose of assisting borrowers in the
15		closing or funding of loans for which the loan application was
16		taken from a borrower while the license was active. An inactive
17		license may be reactivated by the Commissioner upon payment of
18		the renewal fee, and payment of a reactivation fee equal to the
19		renewal fee.
20		(d) A license which is not renewed within one year of
21		becoming inactive shall expire.
22		(e) A licensee ceasing an activity or activities regulated
23		by this Act and desiring to no longer be licensed shall so
24		inform the Commissioner in writing and, at the same time,
25		convey the license and all other symbols or indicia of
26		licensure. The licensee shall include a plan for the withdrawal

SB3733 Engrossed - 1048 - LRB096 19592 AMC 34984 b
1		from regulated business, including a timetable for the
2		disposition of the business, and comply with the surrender
3		guidelines or requirements of the Director. Upon receipt of
4		such written notice, the Commissioner shall post the
5		cancellation or issue a certified statement canceling the
6		license.
7		(Source: P.A. 95-1047, eff. 4-6-09; 96-112, eff. 7-31-09;
8		revised 8-20-09.)
9		(205 ILCS 635/4-1) (from Ch. 17, par. 2324-1)
10		Sec. 4-1. Commissioner of Banks and Real Estate; functions,
11		powers, and duties. The functions, powers, and duties of the
12		Commissioner of Banks and Real Estate shall include the
13		following:
14		(a) to issue or refuse to issue any license as provided
15		by this Act;
16		(b) to revoke or suspend for cause any license issued
17		under this Act;
18		(c) to keep records of all licenses issued under this
19		Act;
20		(d) to receive, consider, investigate, and act upon
21		complaints made by any person in connection with any
22		residential mortgage licensee in this State;
23		(e) to consider and act upon any recommendations from
24		the Residential Mortgage Board;
25		(f) to prescribe the forms of and receive:

SB3733 Engrossed - 1049 - LRB096 19592 AMC 34984 b
1		(1) applications for licenses; and
2		(2) all reports and all books and records required
3		to be made by any licensee under this Act, including
4		annual audited financial statements and annual reports
5		of mortgage activity;
6		(g) to adopt rules and regulations necessary and proper
7		for the administration of this Act;
8		(h) to subpoena documents and witnesses and compel
9		their attendance and production, to administer oaths, and
10		to require the production of any books, papers, or other
11		materials relevant to any inquiry authorized by this Act;
12		(h-1) to issue orders against any person, if the
13		Commissioner has reasonable cause to believe that an
14		unsafe, unsound, or unlawful practice has occurred, is
15		occurring, or is about to occur, if any person has
16		violated, is violating, or is about to violate any law,
17		rule, or written agreement with the Commissioner, or for
18		the purpose of administering the provisions of this Act and
19		any rule adopted in accordance with the Act;
20		(h-2) to address any inquiries to any licensee, or the
21		officers thereof, in relation to its activities and
22		conditions, or any other matter connected with its affairs,
23		and it shall be the duty of any licensee or person so
24		addressed, to promptly reply in writing to such inquiries.
25		The Commissioner may also require reports from any licensee
26		at any time the Commissioner may deem desirable;

SB3733 Engrossed - 1050 - LRB096 19592 AMC 34984 b
1		(i) to require information with regard to any license
2		applicant as he or she may deem desirable, with due regard
3		to the paramount interests of the public as to the
4		experience, background, honesty, truthfulness, integrity,
5		and competency of the license applicant as to financial
6		transactions involving primary or subordinate mortgage
7		financing, and where the license applicant is an entity
8		other than an individual, as to the honesty, truthfulness,
9		integrity, and competency of any officer or director of the
10		corporation, association, or other entity, or the members
11		of a partnership;
12		(j) to examine the books and records of every licensee
13		under this Act at intervals as specified in Section 4-2;
14		(k) to enforce provisions of this Act;
15		(l) to levy fees, fines, and charges for services
16		performed in administering this Act; the aggregate of all
17		fees collected by the Commissioner on and after the
18		effective date of this Act shall be paid promptly after
19		receipt of the same, accompanied by a detailed statement
20		thereof, into the Savings and Residential Finance
21		Regulatory Fund; the amounts deposited into that Fund shall
22		be used for the ordinary and contingent expenses of the
23		Office of Banks and Real Estate. Nothing in this Act shall
24		prevent continuing the practice of paying expenses
25		involving salaries, retirement, social security, and
26		State-paid insurance of State officers by appropriation

SB3733 Engrossed - 1051 - LRB096 19592 AMC 34984 b
1		from the General Revenue Fund.
2		(m) to appoint examiners, supervisors, experts, and
3		special assistants as needed to effectively and
4		efficiently administer this Act;
5		(n) to conduct hearings for the purpose of:
6		(1) appeals of orders of the Commissioner;
7		(2) suspensions or revocations of licenses, or
8		fining of licensees;
9		(3) investigating:
10		(i) complaints against licensees; or
11		(ii) annual gross delinquency rates; and
12		(4) carrying out the purposes of this Act;
13		(o) to exercise exclusive visitorial power over a
14		licensee unless otherwise authorized by this Act or as
15		vested in the courts, or upon prior consultation with the
16		Commissioner, a foreign residential mortgage regulator
17		with an appropriate supervisory interest in the parent or
18		affiliate of a licensee;
19		(p) to enter into cooperative agreements with state
20		regulatory authorities of other states to provide for
21		examination of corporate offices or branches of those
22		states and to accept reports of such examinations;
23		(q) to assign an examiner or examiners to monitor the
24		affairs of a licensee with whatever frequency the
25		Commissioner determines appropriate and to charge the
26		licensee for reasonable and necessary expenses of the

SB3733 Engrossed - 1052 - LRB096 19592 AMC 34984 b
1		Commissioner, if in the opinion of the Commissioner an
2		emergency exists or appears likely to occur; and
3		(r) to impose civil penalties of up to $50 per day
4		against a licensee for failing to respond to a regulatory
5		request or reporting requirement; and .
6		(s) to enter into agreements in connection with the
7		Nationwide Mortgage Licensing System and Registry.
8		(Source: P.A. 96-112, eff. 7-31-09; revised 11-3-09.)
9		Section 360. The Alternative Health Care Delivery Act is
10		amended by changing Section 30 as follows:
11		(210 ILCS 3/30)
12		Sec. 30. Demonstration program requirements. The
13		requirements set forth in this Section shall apply to
14		demonstration programs.
15		(a) There shall be no more than:
16		(i) 3 subacute care hospital alternative health care
17		models in the City of Chicago (one of which shall be
18		located on a designated site and shall have been licensed
19		as a hospital under the Illinois Hospital Licensing Act
20		within the 10 years immediately before the application for
21		a license);
22		(ii) 2 subacute care hospital alternative health care
23		models in the demonstration program for each of the
24		following areas:

SB3733 Engrossed - 1053 - LRB096 19592 AMC 34984 b
1		(1) Cook County outside the City of Chicago.
2		(2) DuPage, Kane, Lake, McHenry, and Will
3		Counties.
4		(3) Municipalities with a population greater than
5		50,000 not located in the areas described in item (i)
6		of subsection (a) and paragraphs (1) and (2) of item
7		(ii) of subsection (a); and
8		(iii) 4 subacute care hospital alternative health care
9		models in the demonstration program for rural areas.
10		In selecting among applicants for these licenses in rural
11		areas, the Health Facilities and Services Review Board and the
12		Department shall give preference to hospitals that may be
13		unable for economic reasons to provide continued service to the
14		community in which they are located unless the hospital were to
15		receive an alternative health care model license.
16		(a-5) There shall be no more than the total number of
17		postsurgical recovery care centers with a certificate of need
18		for beds as of January 1, 2008.
19		(a-10) There shall be no more than a total of 9 children's
20		respite care center alternative health care models in the
21		demonstration program, which shall be located as follows:
22		(1) Two in the City of Chicago.
23		(2) One in Cook County outside the City of Chicago.
24		(3) A total of 2 in the area comprised of DuPage, Kane,
25		Lake, McHenry, and Will counties.
26		(4) A total of 2 in municipalities with a population of

SB3733 Engrossed - 1054 - LRB096 19592 AMC 34984 b
1		50,000 or more and not located in the areas described in
2		paragraphs (1), (2), or (3).
3		(5) A total of 2 in rural areas, as defined by the
4		Health Facilities and Services Review Board.
5		No more than one children's respite care model owned and
6		operated by a licensed skilled pediatric facility shall be
7		located in each of the areas designated in this subsection
8		(a-10).
9		(a-15) There shall be 2 authorized community-based
10		residential rehabilitation center alternative health care
11		models in the demonstration program.
12		(a-20) There shall be an authorized Alzheimer's disease
13		management center alternative health care model in the
14		demonstration program. The Alzheimer's disease management
15		center shall be located in Will County, owned by a
16		not-for-profit entity, and endorsed by a resolution approved by
17		the county board before the effective date of this amendatory
18		Act of the 91st General Assembly.
19		(a-25) There shall be no more than 10 birth center
20		alternative health care models in the demonstration program,
21		located as follows:
22		(1) Four in the area comprising Cook, DuPage, Kane,
23		Lake, McHenry, and Will counties, one of which shall be
24		owned or operated by a hospital and one of which shall be
25		owned or operated by a federally qualified health center.
26		(2) Three in municipalities with a population of 50,000

SB3733 Engrossed - 1055 - LRB096 19592 AMC 34984 b
1		or more not located in the area described in paragraph (1)
2		of this subsection, one of which shall be owned or operated
3		by a hospital and one of which shall be owned or operated
4		by a federally qualified health center.
5		(3) Three in rural areas, one of which shall be owned
6		or operated by a hospital and one of which shall be owned
7		or operated by a federally qualified health center.
8		The first 3 birth centers authorized to operate by the
9		Department shall be located in or predominantly serve the
10		residents of a health professional shortage area as determined
11		by the United States Department of Health and Human Services.
12		There shall be no more than 2 birth centers authorized to
13		operate in any single health planning area for obstetric
14		services as determined under the Illinois Health Facilities
15		Planning Act. If a birth center is located outside of a health
16		professional shortage area, (i) the birth center shall be
17		located in a health planning area with a demonstrated need for
18		obstetrical service beds, as determined by the Health
19		Facilities and Services Review Board or (ii) there must be a
20		reduction in the existing number of obstetrical service beds in
21		the planning area so that the establishment of the birth center
22		does not result in an increase in the total number of
23		obstetrical service beds in the health planning area.
24		(b) Alternative health care models, other than a model
25		authorized under subsection (a-10) or subsections (a-10) and
26		(a-20), shall obtain a certificate of need from the Health

SB3733 Engrossed - 1056 - LRB096 19592 AMC 34984 b
1		Facilities and Services Review Board under the Illinois Health
2		Facilities Planning Act before receiving a license by the
3		Department. If, after obtaining its initial certificate of
4		need, an alternative health care delivery model that is a
5		community based residential rehabilitation center seeks to
6		increase the bed capacity of that center, it must obtain a
7		certificate of need from the Health Facilities and Services
8		Review Board before increasing the bed capacity. Alternative
9		health care models in medically underserved areas shall receive
10		priority in obtaining a certificate of need.
11		(c) An alternative health care model license shall be
12		issued for a period of one year and shall be annually renewed
13		if the facility or program is in substantial compliance with
14		the Department's rules adopted under this Act. A licensed
15		alternative health care model that continues to be in
16		substantial compliance after the conclusion of the
17		demonstration program shall be eligible for annual renewals
18		unless and until a different licensure program for that type of
19		health care model is established by legislation, except that a
20		postsurgical recovery care center meeting the following
21		requirements may apply within 3 years after August 25, 2009
22		(the effective date of Public Act 96-669) this amendatory Act
23		of the 96th General Assembly for a Certificate of Need permit
24		to operate as a hospital:
25		(1) The postsurgical recovery care center shall apply
26		to the Illinois Health Facilities Planning Board for a

SB3733 Engrossed - 1057 - LRB096 19592 AMC 34984 b
1		Certificate of Need permit to discontinue the postsurgical
2		recovery care center and to establish a hospital.
3		(2) If the postsurgical recovery care center obtains a
4		Certificate of Need permit to operate as a hospital, it
5		shall apply for licensure as a hospital under the Hospital
6		Licensing Act and shall meet all statutory and regulatory
7		requirements of a hospital.
8		(3) After obtaining licensure as a hospital, any
9		license as an ambulatory surgical treatment center and any
10		license as a post-surgical recovery care center shall be
11		null and void.
12		(4) The former postsurgical recovery care center that
13		receives a hospital license must seek and use its best
14		efforts to maintain certification under Titles XVIII and
15		XIX of the federal Social Security Act.
16		The Department may issue a provisional license to any
17		alternative health care model that does not substantially
18		comply with the provisions of this Act and the rules adopted
19		under this Act if (i) the Department finds that the alternative
20		health care model has undertaken changes and corrections which
21		upon completion will render the alternative health care model
22		in substantial compliance with this Act and rules and (ii) the
23		health and safety of the patients of the alternative health
24		care model will be protected during the period for which the
25		provisional license is issued. The Department shall advise the
26		licensee of the conditions under which the provisional license

SB3733 Engrossed - 1058 - LRB096 19592 AMC 34984 b
1		is issued, including the manner in which the alternative health
2		care model fails to comply with the provisions of this Act and
3		rules, and the time within which the changes and corrections
4		necessary for the alternative health care model to
5		substantially comply with this Act and rules shall be
6		completed.
7		(d) Alternative health care models shall seek
8		certification under Titles XVIII and XIX of the federal Social
9		Security Act. In addition, alternative health care models shall
10		provide charitable care consistent with that provided by
11		comparable health care providers in the geographic area.
12		(d-5) The Department of Healthcare and Family Services
13		(formerly Illinois Department of Public Aid), in cooperation
14		with the Illinois Department of Public Health, shall develop
15		and implement a reimbursement methodology for all facilities
16		participating in the demonstration program. The Department of
17		Healthcare and Family Services shall keep a record of services
18		provided under the demonstration program to recipients of
19		medical assistance under the Illinois Public Aid Code and shall
20		submit an annual report of that information to the Illinois
21		Department of Public Health.
22		(e) Alternative health care models shall, to the extent
23		possible, link and integrate their services with nearby health
24		care facilities.
25		(f) Each alternative health care model shall implement a
26		quality assurance program with measurable benefits and at

SB3733 Engrossed - 1059 - LRB096 19592 AMC 34984 b
1		reasonable cost.
2		(Source: P.A. 95-331, eff. 8-21-07; 95-445, eff. 1-1-08; 96-31,
3		eff. 6-30-09; 96-129, eff. 8-4-09; 96-669, eff. 8-25-09;
4		96-812, eff. 1-1-10; revised 11-4-09.)
5		Section 365. The Assisted Living and Shared Housing Act is
6		amended by changing Section 145 as follows:
7		(210 ILCS 9/145)
8		(Text of Section before amendment by P.A. 96-339)
9		Sec. 145. Conversion of facilities. Entities licensed as
10		facilities under the Nursing Home Care Act may elect to convert
11		to a license under this Act. Any facility that chooses to
12		convert, in whole or in part, shall follow the requirements in
13		the Nursing Home Care Act and rules promulgated under that Act
14		regarding voluntary closure and notice to residents. Any
15		conversion of existing beds licensed under the Nursing Home
16		Care Act to licensure under this Act is exempt from review by
17		the Health Facilities and Services Review Board.
18		(Source: P.A. 96-31, eff. 6-30-09.)
19		(Text of Section after amendment by P.A. 96-339)
20		Sec. 145. Conversion of facilities. Entities licensed as
21		facilities under the Nursing Home Care Act or the MR/DD
22		Community Care Act may elect to convert to a license under this
23		Act. Any facility that chooses to convert, in whole or in part,

SB3733 Engrossed - 1060 - LRB096 19592 AMC 34984 b
1		shall follow the requirements in the Nursing Home Care Act or
2		the MR/DD Community Care Act, as applicable, and rules
3		promulgated under those Acts regarding voluntary closure and
4		notice to residents. Any conversion of existing beds licensed
5		under the Nursing Home Care Act or the MR/DD Community Care Act
6		to licensure under this Act is exempt from review by the Health
7		Facilities and Services Review Board.
8		(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; revised
9		9-25-09.)
10		Section 370. The MR/DD Community Care Act is amended by
11		changing Sections 1-113, 2-101.1, 2-201, 3-206.03, 3-215,
12		3-305, 3-401, and 3-517 as follows:
13		(210 ILCS 47/1-113)
14		(This Section may contain text from a Public Act with a
15		delayed effective date)
16		Sec. 1-113. Facility. "MR/DD facility" or "facility" means
17		an intermediate care facility for the developmentally disabled
18		or a long-term care for under age 22 facility, whether operated
19		for profit or not, which provides, through its ownership or
20		management, personal care or nursing for 3 or more persons not
21		related to the applicant or owner by blood or marriage. It
22		includes intermediate care facilities for the mentally
23		retarded as the term is defined in Title XVIII and Title XIX of
24		the federal Social Security Act.

SB3733 Engrossed - 1061 - LRB096 19592 AMC 34984 b
1		"Facility" does not include the following:
2		(1) A home, institution, or other place operated by the
3		federal government or agency thereof, or by the State of
4		Illinois, other than homes, institutions, or other places
5		operated by or under the authority of the Illinois
6		Department of Veterans' Affairs;
7		(2) A hospital, sanitarium, or other institution whose
8		principal activity or business is the diagnosis, care, and
9		treatment of human illness through the maintenance and
10		operation as organized facilities therefore, which is
11		required to be licensed under the Hospital Licensing Act;
12		(3) Any "facility for child care" as defined in the
13		Child Care Act of 1969;
14		(4) Any "community living facility" as defined in the
15		Community Living Facilities Licensing Act;
16		(5) Any "community residential alternative" as defined
17		in the Community Residential Alternatives Licensing Act;
18		(6) Any nursing home or sanatorium operated solely by
19		and for persons who rely exclusively upon treatment by
20		spiritual means through prayer, in accordance with the
21		creed or tenets of any well recognized church or religious
22		denomination. However, such nursing home or sanatorium
23		shall comply with all local laws and rules relating to
24		sanitation and safety;
25		(7) Any facility licensed by the Department of Human
26		Services as a community-integrated community integrated

SB3733 Engrossed - 1062 - LRB096 19592 AMC 34984 b
1		living arrangement as defined in the Community-Integrated
2		Community Integrated Living Arrangements Licensure and
3		Certification Act;
4		(8) Any "supportive residence" licensed under the
5		Supportive Residences Licensing Act;
6		(9) Any "supportive living facility" in good standing
7		with the program established under Section 5-5.01a of the
8		Illinois Public Aid Code, except only for purposes of the
9		employment of persons in accordance with Section 3-206.01;
10		(10) Any assisted living or shared housing
11		establishment licensed under the Assisted Living and
12		Shared Housing Act, except only for purposes of the
13		employment of persons in accordance with Section 3-206.01;
14		(11) An Alzheimer's disease management center
15		alternative health care model licensed under the
16		Alternative Health Care Delivery Act; or
17		(12) A home, institution, or other place operated by or
18		under the authority of the Illinois Department of Veterans'
19		Affairs.
20		(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
21		(210 ILCS 47/2-101.1)
22		(This Section may contain text from a Public Act with a
23		delayed effective date)
24		Sec. 2-101.1. Spousal impoverishment. All new residents
25		and their spouses shall be informed on admittance of their

SB3733 Engrossed - 1063 - LRB096 19592 AMC 34984 b
1		spousal impoverishment rights as defined at Section 5-4 of the
2		Illinois Public Aid Code, as now or hereafter amended and at
3		Section 303 of Title III of the Medicare Catastrophic Coverage
4		Act of 1988 (P.L. 100-360 100 360).
5		(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
6		(210 ILCS 47/2-201)
7		(This Section may contain text from a Public Act with a
8		delayed effective date)
9		Sec. 2-201. Residents' funds. To protect the residents'
10		funds, the facility:
11		(1) Shall at the time of admission provide, in order of
12		priority, each resident, or the resident's guardian, if any, or
13		the resident's representative, if any, or the resident's
14		immediate family member, if any, with a written statement
15		explaining to the resident and to the resident's spouse (a)
16		their spousal impoverishment rights, as defined at Section 5-4
17		of the Illinois Public Aid Code, and at Section 303 of Title
18		III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
19		100-360 100 360), and (b) the resident's rights regarding
20		personal funds and listing the services for which the resident
21		will be charged. The facility shall obtain a signed
22		acknowledgment from each resident or the resident's guardian,
23		if any, or the resident's representative, if any, or the
24		resident's immediate family member, if any, that such person
25		has received the statement.

SB3733 Engrossed - 1064 - LRB096 19592 AMC 34984 b
1		(2) May accept funds from a resident for safekeeping and
2		managing, if it receives written authorization from, in order
3		of priority, the resident or the resident's guardian, if any,
4		or the resident's representative, if any, or the resident's
5		immediate family member, if any; such authorization shall be
6		attested to by a witness who has no pecuniary interest in the
7		facility or its operations, and who is not connected in any way
8		to facility personnel or the administrator in any manner
9		whatsoever.
10		(3) Shall maintain and allow, in order of priority, each
11		resident or the resident's guardian, if any, or the resident's
12		representative, if any, or the resident's immediate family
13		member, if any, access to a written record of all financial
14		arrangements and transactions involving the individual
15		resident's funds.
16		(4) Shall provide, in order of priority, each resident, or
17		the resident's guardian, if any, or the resident's
18		representative, if any, or the resident's immediate family
19		member, if any, with a written itemized statement at least
20		quarterly, of all financial transactions involving the
21		resident's funds.
22		(5) Shall purchase a surety bond, or otherwise provide
23		assurance satisfactory to the Departments of Public Health and
24		Financial and Professional Regulation that all residents'
25		personal funds deposited with the facility are secure against
26		loss, theft, and insolvency.

SB3733 Engrossed - 1065 - LRB096 19592 AMC 34984 b
1		(6) Shall keep any funds received from a resident for
2		safekeeping in an account separate from the facility's funds,
3		and shall at no time withdraw any part or all of such funds for
4		any purpose other than to return the funds to the resident upon
5		the request of the resident or any other person entitled to
6		make such request, to pay the resident his or her allowance, or
7		to make any other payment authorized by the resident or any
8		other person entitled to make such authorization.
9		(7) Shall deposit any funds received from a resident in
10		excess of $100 in an interest bearing account insured by
11		agencies of, or corporations chartered by, the State or federal
12		government. The account shall be in a form which clearly
13		indicates that the facility has only a fiduciary interest in
14		the funds and any interest from the account shall accrue to the
15		resident. The facility may keep up to $100 of a resident's
16		money in a non-interest-bearing account or petty cash fund, to
17		be readily available for the resident's current expenditures.
18		(8) Shall return to the resident, or the person who
19		executed the written authorization required in subsection (2)
20		of this Section, upon written request, all or any part of the
21		resident's funds given the facility for safekeeping, including
22		the interest accrued from deposits.
23		(9) Shall (a) place any monthly allowance to which a
24		resident is entitled in that resident's personal account, or
25		give it to the resident, unless the facility has written
26		authorization from the resident or the resident's guardian or

SB3733 Engrossed - 1066 - LRB096 19592 AMC 34984 b
1		if the resident is a minor, his parent, to handle it
2		differently, (b) take all steps necessary to ensure that a
3		personal needs allowance that is placed in a resident's
4		personal account is used exclusively by the resident or for the
5		benefit of the resident, and (c) where such funds are withdrawn
6		from the resident's personal account by any person other than
7		the resident, require such person to whom funds constituting
8		any part of a resident's personal needs allowance are released,
9		to execute an affidavit that such funds shall be used
10		exclusively for the benefit of the resident.
11		(10) Unless otherwise provided by State law, upon the death
12		of a resident, shall provide the executor or administrator of
13		the resident's estate with a complete accounting of all the
14		resident's personal property, including any funds of the
15		resident being held by the facility.
16		(11) If an adult resident is incapable of managing his or
17		her funds and does not have a resident's representative,
18		guardian, or an immediate family member, shall notify the
19		Office of the State Guardian of the Guardianship and Advocacy
20		Commission.
21		(12) If the facility is sold, shall provide the buyer with
22		a written verification by a public accountant of all residents'
23		monies and properties being transferred, and obtain a signed
24		receipt from the new owner.
25		(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)

SB3733 Engrossed - 1067 - LRB096 19592 AMC 34984 b
1		(210 ILCS 47/3-206.03)
2		(This Section may contain text from a Public Act with a
3		delayed effective date)
4		Sec. 3-206.03. Resident attendants.
5		(a) As used in this Section, "resident attendant" means an
6		individual who assists residents in a facility with the
7		following activities:
8		(1) eating and drinking; and
9		(2) personal hygiene limited to washing a resident's
10		hands and face, brushing and combing a resident's hair,
11		oral hygiene, shaving residents with an electric razor, and
12		applying makeup.
13		The term "resident attendant" does not include an
14		individual who:
15		(1) is a licensed health professional or a registered
16		dietitian;
17		(2) volunteers without monetary compensation;
18		(3) is a nurse assistant; or
19		(4) performs any nursing or nursing related services
20		for residents of a facility.
21		(b) A facility may employ resident attendants to assist the
22		nurse aides with the activities authorized under subsection
23		(a). The resident attendants shall not count in the minimum
24		staffing requirements under rules implementing this Act.
25		(c) A facility may not use on a full time or other paid
26		basis any individual as a resident attendant in the facility

SB3733 Engrossed - 1068 - LRB096 19592 AMC 34984 b
1		unless the individual:
2		(1) has completed a training and competency evaluation
3		program encompassing the tasks the individual provides;
4		and
5		(2) is competent to provide feeding, hydration, and
6		personal hygiene services.
7		(d) The training and competency evaluation program may be
8		facility based. It may include one or more of the following
9		units:
10		(1) A feeding unit that is a maximum of 5 hours in
11		length.
12		(2) A hydration unit that is a maximum of 3 hours in
13		length.
14		(3) A personal hygiene unit that is a maximum of 5
15		hours in length. These programs must be reviewed and
16		approved by the Department every 2 years.
17		(e) (Blank).
18		(f) A person seeking employment as a resident attendant is
19		subject to the Health Care Worker Background Check Act.
20		(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
21		(210 ILCS 47/3-215)
22		(This Section may contain text from a Public Act with a
23		delayed effective date)
24		Sec. 3-215. Annual report on facility by Department. The
25		Department shall make at least one report on each facility in

SB3733 Engrossed - 1069 - LRB096 19592 AMC 34984 b
1		the State annually, unless the facility has been issued a
2		2-year license under subsection (b) of Section 3-110 for which
3		the report shall be made every 2 years 2-years. All conditions
4		and practices not in compliance with applicable standards
5		within the report period shall be specifically stated. If a
6		violation is corrected or is subject to an approved plan of
7		correction, the same shall be specified in the report. The
8		Department shall send a copy to any person on receiving a
9		written request. The Department may charge a reasonable fee to
10		cover copying costs.
11		(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
12		(210 ILCS 47/3-305)
13		(This Section may contain text from a Public Act with a
14		delayed effective date)
15		Sec. 3-305. Penalties or fines. The license of a facility
16		which is in violation of this Act or any rule adopted
17		thereunder may be subject to the penalties or fines levied by
18		the Department as specified in this Section.
19		(1) Unless a greater penalty or fine is allowed under
20		subsection (3), a licensee who commits a Type "A" violation
21		as defined in Section 1-129 is automatically issued a
22		conditional license for a period of 6 months to coincide
23		with an acceptable plan of correction and assessed a fine
24		computed at a rate of $5.00 per resident in the facility
25		plus 20 cents per resident for each day of the violation,

SB3733 Engrossed - 1070 - LRB096 19592 AMC 34984 b
1		commencing on the date a notice of the violation is served
2		under Section 3-301 and ending on the date the violation is
3		corrected, or a fine of not less than $5,000, or when
4		death, serious mental or physical harm, permanent
5		disability, or disfigurement results, a fine of not less
6		than $10,000, whichever is greater.
7		(2) A licensee who commits a Type "B" violation or who
8		is issued an administrative warning for a violation of
9		Sections 3-401 through 3-413 or the rules promulgated
10		thereunder is subject to a penalty computed at a rate of $3
11		per resident in the facility, plus 15 cents per resident
12		for each day of the violation, commencing on the date a
13		notice of the violation is served under Section 3-301 and
14		ending on the date the violation is corrected, or a fine
15		not less than $500, whichever is greater. Such fine shall
16		be assessed on the date of notice of the violation and
17		shall be suspended for violations that continue after such
18		date upon completion of a plan of correction in accordance
19		with Section 3-308 in relation to the assessment of fines
20		and correction. Failure to correct such violation within
21		the time period approved under a plan of correction shall
22		result in a fine and conditional license as provided under
23		subsection (5).
24		(3) A licensee who commits a Type "A" violation as
25		defined in Section 1-129 which continues beyond the time
26		specified in paragraph (a) of Section 3-303 3 303 which is

SB3733 Engrossed - 1071 - LRB096 19592 AMC 34984 b
1		cited as a repeat violation shall have its license revoked
2		and shall be assessed a fine of 3 times the fine computed
3		per resident per day under subsection (1).
4		(4) A licensee who fails to satisfactorily comply with
5		an accepted plan of correction for a Type "B" violation or
6		an administrative warning issued pursuant to Sections
7		3-401 through 3-413 or the rules promulgated thereunder
8		shall be automatically issued a conditional license for a
9		period of not less than 6 months. A second or subsequent
10		acceptable plan of correction shall be filed. A fine shall
11		be assessed in accordance with subsection (2) when cited
12		for the repeat violation. This fine shall be computed for
13		all days of the violation, including the duration of the
14		first plan of correction compliance time.
15		(5) For the purpose of computing a penalty under
16		subsections (2) through (4), the number of residents per
17		day shall be based on the average number of residents in
18		the facility during the 30 days preceding the discovery of
19		the violation.
20		(6) When the Department finds that a provision of
21		Article II has been violated with regard to a particular
22		resident, the Department shall issue an order requiring the
23		facility to reimburse the resident for injuries incurred,
24		or $100, whichever is greater. In the case of a violation
25		involving any action other than theft of money belonging to
26		a resident, reimbursement shall be ordered only if a

SB3733 Engrossed - 1072 - LRB096 19592 AMC 34984 b
1		provision of Article II has been violated with regard to
2		that or any other resident of the facility within the 2
3		years immediately preceding the violation in question.
4		(7) For purposes of assessing fines under this Section,
5		a repeat violation shall be a violation which has been
6		cited during one inspection of the facility for which an
7		accepted plan of correction was not complied with. A repeat
8		violation shall not be a new citation of the same rule,
9		unless the licensee is not substantially addressing the
10		issue routinely throughout the facility.
11		(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
12		(210 ILCS 47/3-401)
13		(This Section may contain text from a Public Act with a
14		delayed effective date)
15		Sec. 3-401. Involuntary transfer or discharge of resident.
16		A facility may involuntarily transfer or discharge a resident
17		only for one or more of the following reasons:
18		(a) for medical reasons;
19		(b) for the resident's physical safety;
20		(c) for the physical safety of other residents, the
21		facility staff or facility visitors; or
22		(d) for either late payment or nonpayment for the
23		resident's stay, except as prohibited by Titles XVIII and XIX
24		of the federal Social Security Act. For purposes of this
25		Section, "late payment" means non-receipt non receipt of

SB3733 Engrossed - 1073 - LRB096 19592 AMC 34984 b
1		payment after submission of a bill. If payment is not received
2		within 45 days after submission of a bill, a facility may send
3		a notice to the resident and responsible party requesting
4		payment within 30 days. If payment is not received within such
5		30 days, the facility may thereupon institute transfer or
6		discharge proceedings by sending a notice of transfer or
7		discharge to the resident and responsible party by registered
8		or certified mail. The notice shall state, in addition to the
9		requirements of Section 3-403 of this Act, that the responsible
10		party has the right to pay the amount of the bill in full up to
11		the date the transfer or discharge is to be made and then the
12		resident shall have the right to remain in the facility. Such
13		payment shall terminate the transfer or discharge proceedings.
14		This subsection does not apply to those residents whose care is
15		provided for under the Illinois Public Aid Code. The Department
16		shall adopt rules setting forth the criteria and procedures to
17		be applied in cases of involuntary transfer or discharge
18		permitted under this Section.
19		(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
20		(210 ILCS 47/3-517)
21		(This Section may contain text from a Public Act with a
22		delayed effective date)
23		Sec. 3-517. Civil and criminal liability during
24		receivership. Nothing in this Act shall be deemed to relieve
25		any owner, administrator or employee of a facility placed in

SB3733 Engrossed - 1074 - LRB096 19592 AMC 34984 b
1		receivership of any civil or criminal liability incurred, or
2		any duty imposed by law, by reason of acts or omissions of the
3		owner, administrator, or employee prior to the appointment of a
4		receiver; nor shall anything contained in this Act be construed
5		to suspend during the receivership any obligation of the owner,
6		administrator, or employee for payment of taxes or other
7		operating and maintenance expenses of the facility nor of the
8		owner, administrator, employee or any other person for the
9		payment of mortgages or liens. The owner shall retain the right
10		to sell or mortgage any facility under receivership, subject to
11		approval of the court which ordered the receivership.
12		(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
13		Section 375. The Emergency Medical Services (EMS) Systems
14		Act is amended by changing Section 32.5 as follows:
15		(210 ILCS 50/32.5)
16		Sec. 32.5. Freestanding Emergency Center.
17		(a) The Department shall issue an annual Freestanding
18		Emergency Center (FEC) license to any facility that has
19		received a permit from the Illinois Health Facilities and
20		Services Review Planning Board to establish a Freestanding
21		Emergency Center if the application for the permit has been
22		deemed complete by the Department of Public Health by March 1,
23		2009, and:
24		(1) is located: (A) in a municipality with a population

SB3733 Engrossed - 1075 - LRB096 19592 AMC 34984 b
1		of 75,000 or fewer inhabitants; (B) within 20 miles of the
2		hospital that owns or controls the FEC; and (C) within 20
3		miles of the Resource Hospital affiliated with the FEC as
4		part of the EMS System;
5		(2) is wholly owned or controlled by an Associate or
6		Resource Hospital, but is not a part of the hospital's
7		physical plant;
8		(3) meets the standards for licensed FECs, adopted by
9		rule of the Department, including, but not limited to:
10		(A) facility design, specification, operation, and
11		maintenance standards;
12		(B) equipment standards; and
13		(C) the number and qualifications of emergency
14		medical personnel and other staff, which must include
15		at least one board certified emergency physician
16		present at the FEC 24 hours per day.
17		(4) limits its participation in the EMS System strictly
18		to receiving a limited number of BLS runs by emergency
19		medical vehicles according to protocols developed by the
20		Resource Hospital within the FEC's designated EMS System
21		and approved by the Project Medical Director and the
22		Department;
23		(5) provides comprehensive emergency treatment
24		services, as defined in the rules adopted by the Department
25		pursuant to the Hospital Licensing Act, 24 hours per day,
26		on an outpatient basis;

SB3733 Engrossed - 1076 - LRB096 19592 AMC 34984 b
1		(6) provides an ambulance and maintains on site
2		ambulance services staffed with paramedics 24 hours per
3		day;
4		(7) (blank);
5		(8) complies with all State and federal patient rights
6		provisions, including, but not limited to, the Emergency
7		Medical Treatment Act and the federal Emergency Medical
8		Treatment and Active Labor Act;
9		(9) maintains a communications system that is fully
10		integrated with its Resource Hospital within the FEC's
11		designated EMS System;
12		(10) reports to the Department any patient transfers
13		from the FEC to a hospital within 48 hours of the transfer
14		plus any other data determined to be relevant by the
15		Department;
16		(11) submits to the Department, on a quarterly basis,
17		the FEC's morbidity and mortality rates for patients
18		treated at the FEC and other data determined to be relevant
19		by the Department;
20		(12) does not describe itself or hold itself out to the
21		general public as a full service hospital or hospital
22		emergency department in its advertising or marketing
23		activities;
24		(13) complies with any other rules adopted by the
25		Department under this Act that relate to FECs;
26		(14) passes the Department's site inspection for

SB3733 Engrossed - 1077 - LRB096 19592 AMC 34984 b
1		compliance with the FEC requirements of this Act;
2		(15) submits a copy of the permit issued by the Health
3		Facilities and Services Review Board indicating that the
4		facility has complied with the Illinois Health Facilities
5		Planning Act with respect to the health services to be
6		provided at the facility;
7		(16) submits an application for designation as an FEC
8		in a manner and form prescribed by the Department by rule;
9		and
10		(17) pays the annual license fee as determined by the
11		Department by rule.
12		(b) The Department shall:
13		(1) annually inspect facilities of initial FEC
14		applicants and licensed FECs, and issue annual licenses to
15		or annually relicense FECs that satisfy the Department's
16		licensure requirements as set forth in subsection (a);
17		(2) suspend, revoke, refuse to issue, or refuse to
18		renew the license of any FEC, after notice and an
19		opportunity for a hearing, when the Department finds that
20		the FEC has failed to comply with the standards and
21		requirements of the Act or rules adopted by the Department
22		under the Act;
23		(3) issue an Emergency Suspension Order for any FEC
24		when the Director or his or her designee has determined
25		that the continued operation of the FEC poses an immediate
26		and serious danger to the public health, safety, and

SB3733 Engrossed - 1078 - LRB096 19592 AMC 34984 b
1		welfare. An opportunity for a hearing shall be promptly
2		initiated after an Emergency Suspension Order has been
3		issued; and
4		(4) adopt rules as needed to implement this Section.
5		(Source: P.A. 95-584, eff. 8-31-07; 96-23, eff. 6-30-09; 96-31,
6		eff. 6-30-09; revised 8-20-09.)
7		Section 380. The Home Health, Home Services, and Home
8		Nursing Agency Licensing Act is amended by changing Section
9		2.08 as follows:
10		(210 ILCS 55/2.08)
11		(Text of Section before amendment by P.A. 96-339)
12		Sec. 2.08. "Home services agency" means an agency that
13		provides services directly, or acts as a placement agency, for
14		the purpose of placing individuals as workers providing home
15		services for consumers in their personal residences. "Home
16		services agency" does not include agencies licensed under the
17		Nurse Agency Licensing Act, the Hospital Licensing Act, the
18		Nursing Home Care Act, or the Assisted Living and Shared
19		Housing Act and does not include an agency that limits its
20		business exclusively to providing housecleaning services.
21		Programs providing services exclusively through the Community
22		Care Program of the Illinois Department on Aging, the
23		Department of Human Services Office of Rehabilitation
24		Services, or the United States Department of Veterans Affairs

SB3733 Engrossed - 1079 - LRB096 19592 AMC 34984 b
1		are not considered to be a home services agency under this Act.
2		(Source: P.A. 96-577, eff. 8-18-09.)
3		(Text of Section after amendment by P.A. 96-339)
4		Sec. 2.08. "Home services agency" means an agency that
5		provides services directly, or acts as a placement agency, for
6		the purpose of placing individuals as workers providing home
7		services for consumers in their personal residences. "Home
8		services agency" does not include agencies licensed under the
9		Nurse Agency Licensing Act, the Hospital Licensing Act, the
10		Nursing Home Care Act, the MR/DD Community Care Act, or the
11		Assisted Living and Shared Housing Act and does not include an
12		agency that limits its business exclusively to providing
13		housecleaning services. Programs providing services
14		exclusively through the Community Care Program of the Illinois
15		Department on Aging, the Department of Human Services Office of
16		Rehabilitation Services, or the United States Department of
17		Veterans Affairs are not considered to be a home services
18		agency under this Act.
19		(Source: P.A. 96-339, eff. 7-1-10; 96-577, eff. 8-18-09;
20		revised 9-25-09.)
21		Section 385. The Hospital Licensing Act is amended by
22		changing Section 3 and by setting forth and renumbering
23		multiple versions of Section 6.25 as follows:

SB3733 Engrossed - 1080 - LRB096 19592 AMC 34984 b
1		(210 ILCS 85/3)
2		(Text of Section before amendment by P.A. 96-339)
3		Sec. 3. As used in this Act:
4		(A) "Hospital" means any institution, place, building, or
5		agency, public or private, whether organized for profit or not,
6		devoted primarily to the maintenance and operation of
7		facilities for the diagnosis and treatment or care of 2 or more
8		unrelated persons admitted for overnight stay or longer in
9		order to obtain medical, including obstetric, psychiatric and
10		nursing, care of illness, disease, injury, infirmity, or
11		deformity.
12		The term "hospital", without regard to length of stay,
13		shall also include:
14		(a) any facility which is devoted primarily to
15		providing psychiatric and related services and programs
16		for the diagnosis and treatment or care of 2 or more
17		unrelated persons suffering from emotional or nervous
18		diseases;
19		(b) all places where pregnant females are received,
20		cared for, or treated during delivery irrespective of the
21		number of patients received.
22		The term "hospital" includes general and specialized
23		hospitals, tuberculosis sanitaria, mental or psychiatric
24		hospitals and sanitaria, and includes maternity homes,
25		lying-in homes, and homes for unwed mothers in which care is
26		given during delivery.

SB3733 Engrossed - 1081 - LRB096 19592 AMC 34984 b
1		The term "hospital" does not include:
2		(1) any person or institution required to be licensed
3		pursuant to the Nursing Home Care Act, as amended;
4		(2) hospitalization or care facilities maintained by
5		the State or any department or agency thereof, where such
6		department or agency has authority under law to establish
7		and enforce standards for the hospitalization or care
8		facilities under its management and control;
9		(3) hospitalization or care facilities maintained by
10		the federal government or agencies thereof;
11		(4) hospitalization or care facilities maintained by
12		any university or college established under the laws of
13		this State and supported principally by public funds raised
14		by taxation;
15		(5) any person or facility required to be licensed
16		pursuant to the Alcoholism and Other Drug Abuse and
17		Dependency Act;
18		(6) any facility operated solely by and for persons who
19		rely exclusively upon treatment by spiritual means through
20		prayer, in accordance with the creed or tenets of any
21		well-recognized church or religious denomination;
22		(7) an Alzheimer's disease management center
23		alternative health care model licensed under the
24		Alternative Health Care Delivery Act; or
25		(8) any veterinary hospital or clinic operated by a
26		veterinarian or veterinarians licensed under the

SB3733 Engrossed - 1082 - LRB096 19592 AMC 34984 b
1		Veterinary Medicine and Surgery Practice Act of 2004 or
2		maintained by a State-supported or publicly funded
3		university or college.
4		(B) "Person" means the State, and any political subdivision
5		or municipal corporation, individual, firm, partnership,
6		corporation, company, association, or joint stock association,
7		or the legal successor thereof.
8		(C) "Department" means the Department of Public Health of
9		the State of Illinois.
10		(D) "Director" means the Director of Public Health of the
11		State of Illinois.
12		(E) "Perinatal" means the period of time between the
13		conception of an infant and the end of the first month after
14		birth.
15		(F) "Federally designated organ procurement agency" means
16		the organ procurement agency designated by the Secretary of the
17		U.S. Department of Health and Human Services for the service
18		area in which a hospital is located; except that in the case of
19		a hospital located in a county adjacent to Wisconsin which
20		currently contracts with an organ procurement agency located in
21		Wisconsin that is not the organ procurement agency designated
22		by the U.S. Secretary of Health and Human Services for the
23		service area in which the hospital is located, if the hospital
24		applies for a waiver pursuant to 42 USC 1320b-8(a), it may
25		designate an organ procurement agency located in Wisconsin to
26		be thereafter deemed its federally designated organ

SB3733 Engrossed - 1083 - LRB096 19592 AMC 34984 b
1		procurement agency for the purposes of this Act.
2		(G) "Tissue bank" means any facility or program operating
3		in Illinois that is certified by the American Association of
4		Tissue Banks or the Eye Bank Association of America and is
5		involved in procuring, furnishing, donating, or distributing
6		corneas, bones, or other human tissue for the purpose of
7		injecting, transfusing, or transplanting any of them into the
8		human body. "Tissue bank" does not include a licensed blood
9		bank. For the purposes of this Act, "tissue" does not include
10		organs.
11		(Source: P.A. 96-219, eff. 8-10-09.)
12		(Text of Section after amendment by P.A. 96-339)
13		Sec. 3. As used in this Act:
14		(A) "Hospital" means any institution, place, building, or
15		agency, public or private, whether organized for profit or not,
16		devoted primarily to the maintenance and operation of
17		facilities for the diagnosis and treatment or care of 2 or more
18		unrelated persons admitted for overnight stay or longer in
19		order to obtain medical, including obstetric, psychiatric and
20		nursing, care of illness, disease, injury, infirmity, or
21		deformity.
22		The term "hospital", without regard to length of stay,
23		shall also include:
24		(a) any facility which is devoted primarily to
25		providing psychiatric and related services and programs

SB3733 Engrossed - 1084 - LRB096 19592 AMC 34984 b
1		for the diagnosis and treatment or care of 2 or more
2		unrelated persons suffering from emotional or nervous
3		diseases;
4		(b) all places where pregnant females are received,
5		cared for, or treated during delivery irrespective of the
6		number of patients received.
7		The term "hospital" includes general and specialized
8		hospitals, tuberculosis sanitaria, mental or psychiatric
9		hospitals and sanitaria, and includes maternity homes,
10		lying-in homes, and homes for unwed mothers in which care is
11		given during delivery.
12		The term "hospital" does not include:
13		(1) any person or institution required to be licensed
14		pursuant to the Nursing Home Care Act or the MR/DD
15		Community Care Act;
16		(2) hospitalization or care facilities maintained by
17		the State or any department or agency thereof, where such
18		department or agency has authority under law to establish
19		and enforce standards for the hospitalization or care
20		facilities under its management and control;
21		(3) hospitalization or care facilities maintained by
22		the federal government or agencies thereof;
23		(4) hospitalization or care facilities maintained by
24		any university or college established under the laws of
25		this State and supported principally by public funds raised
26		by taxation;

SB3733 Engrossed - 1085 - LRB096 19592 AMC 34984 b
1		(5) any person or facility required to be licensed
2		pursuant to the Alcoholism and Other Drug Abuse and
3		Dependency Act;
4		(6) any facility operated solely by and for persons who
5		rely exclusively upon treatment by spiritual means through
6		prayer, in accordance with the creed or tenets of any
7		well-recognized church or religious denomination;
8		(7) an Alzheimer's disease management center
9		alternative health care model licensed under the
10		Alternative Health Care Delivery Act; or
11		(8) any veterinary hospital or clinic operated by a
12		veterinarian or veterinarians licensed under the
13		Veterinary Medicine and Surgery Practice Act of 2004 or
14		maintained by a State-supported or publicly funded
15		university or college.
16		(B) "Person" means the State, and any political subdivision
17		or municipal corporation, individual, firm, partnership,
18		corporation, company, association, or joint stock association,
19		or the legal successor thereof.
20		(C) "Department" means the Department of Public Health of
21		the State of Illinois.
22		(D) "Director" means the Director of Public Health of the
23		State of Illinois.
24		(E) "Perinatal" means the period of time between the
25		conception of an infant and the end of the first month after
26		birth.

SB3733 Engrossed - 1086 - LRB096 19592 AMC 34984 b
1		(F) "Federally designated organ procurement agency" means
2		the organ procurement agency designated by the Secretary of the
3		U.S. Department of Health and Human Services for the service
4		area in which a hospital is located; except that in the case of
5		a hospital located in a county adjacent to Wisconsin which
6		currently contracts with an organ procurement agency located in
7		Wisconsin that is not the organ procurement agency designated
8		by the U.S. Secretary of Health and Human Services for the
9		service area in which the hospital is located, if the hospital
10		applies for a waiver pursuant to 42 USC 1320b-8(a), it may
11		designate an organ procurement agency located in Wisconsin to
12		be thereafter deemed its federally designated organ
13		procurement agency for the purposes of this Act.
14		(G) "Tissue bank" means any facility or program operating
15		in Illinois that is certified by the American Association of
16		Tissue Banks or the Eye Bank Association of America and is
17		involved in procuring, furnishing, donating, or distributing
18		corneas, bones, or other human tissue for the purpose of
19		injecting, transfusing, or transplanting any of them into the
20		human body. "Tissue bank" does not include a licensed blood
21		bank. For the purposes of this Act, "tissue" does not include
22		organs.
23		(Source: P.A. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10;
24		revised 9-25-09.)
25		(210 ILCS 85/6.25)

SB3733 Engrossed - 1087 - LRB096 19592 AMC 34984 b
1		Sec. 6.25. Safe patient handling policy.
2		(a) In this Section:
3		"Health care worker" means an individual providing direct
4		patient care services who may be required to lift, transfer,
5		reposition, or move a patient.
6		"Nurse" means an advanced practice nurse, a registered
7		nurse, or a licensed practical nurse licensed under the Nurse
8		Practice Act.
9		(b) A hospital must adopt and ensure implementation of a
10		policy to identify, assess, and develop strategies to control
11		risk of injury to patients and nurses and other health care
12		workers associated with the lifting, transferring,
13		repositioning, or movement of a patient. The policy shall
14		establish a process that, at a minimum, includes all of the
15		following:
16		(1) Analysis of the risk of injury to patients and
17		nurses and other health care workers posted by the patient
18		handling needs of the patient populations served by the
19		hospital and the physical environment in which the patient
20		handling and movement occurs.
21		(2) Education of nurses in the identification,
22		assessment, and control of risks of injury to patients and
23		nurses and other health care workers during patient
24		handling.
25		(3) Evaluation of alternative ways to reduce risks
26		associated with patient handling, including evaluation of

SB3733 Engrossed - 1088 - LRB096 19592 AMC 34984 b
1		equipment and the environment.
2		(4) Restriction, to the extent feasible with existing
3		equipment and aids, of manual patient handling or movement
4		of all or most of a patient's weight except for emergency,
5		life-threatening, or otherwise exceptional circumstances.
6		(5) Collaboration with and an annual report to the
7		nurse staffing committee.
8		(6) Procedures for a nurse to refuse to perform or be
9		involved in patient handling or movement that the nurse in
10		good faith believes will expose a patient or nurse or other
11		health care worker to an unacceptable risk of injury.
12		(7) Submission of an annual report to the hospital's
13		governing body or quality assurance committee on
14		activities related to the identification, assessment, and
15		development of strategies to control risk of injury to
16		patients and nurses and other health care workers
17		associated with the lifting, transferring, repositioning,
18		or movement of a patient.
19		(8) In developing architectural plans for construction
20		or remodeling of a hospital or unit of a hospital in which
21		patient handling and movement occurs, consideration of the
22		feasibility of incorporating patient handling equipment or
23		the physical space and construction design needed to
24		incorporate that equipment.
25		(Source: P.A. 96-389, eff. 1-1-10.)

SB3733 Engrossed - 1089 - LRB096 19592 AMC 34984 b
1		(210 ILCS 85/6.26)
2		Sec. 6.26 6.25. Immunization against influenza virus and
3		pneumococcal disease.
4		(a) Every hospital shall adopt an influenza and
5		pneumococcal immunization policy that includes, but need not be
6		limited to, the following:
7		(1) Procedures for identifying patients age 65 or older
8		and, at the discretion of the facility, other patients at
9		risk.
10		(2) Procedures for offering immunization against
11		influenza virus when available between September 1 and
12		April 1, and against pneumococcal disease upon admission or
13		discharge, to patients age 65 or older, unless
14		contraindicated.
15		(3) Procedures for ensuring that patients offered
16		immunization, or their guardians, receive information
17		regarding the risks and benefits of vaccination.
18		The hospital shall provide a copy of its influenza and
19		pneumococcal immunization policy to the Department upon
20		request.
21		(b) A home rule unit may not regulate immunization against
22		influenza virus and pneumococcal disease in a manner
23		inconsistent with the regulation of such immunizations under
24		this Section. This subsection is a limitation under subsection
25		(i) of Section 6 of Article VII of the Illinois Constitution on
26		the concurrent exercise by home rule units of powers and

SB3733 Engrossed - 1090 - LRB096 19592 AMC 34984 b
1		functions exercised by the State.
2		(Source: P.A. 96-343, eff. 8-11-09; revised 10-23-09.)
3		Section 390. The Mobile Home Park Act is amended by
4		changing Section 9.9 as follows:
5		(210 ILCS 115/9.9) (from Ch. 111 1/2, par. 719.9)
6		Sec. 9.9. Mobile homes in mobile home parks shall each be
7		equipped with fire extinguishers in working order, one in each
8		end of the mobile home.
9		Inspection of any such equipment and enforcement of any
10		Rules and Regulations adopted pursuant to this paragraph shall
11		be the duty of the State Fire Marshal Marshall and local law
12		enforcement agencies in the county or municipality where the
13		mobile home park is located.
14		(Source: P.A. 77-1472; revised 11-3-09.)
15		Section 395. The Illinois Insurance Code is amended by
16		changing Sections 190.1, 370c, and 451 and by setting forth and
17		renumbering multiple versions of Sections 356z.14 and 356z.15
18		as follows:
19		(215 ILCS 5/190.1) (from Ch. 73, par. 802.1)
20		Sec. 190.1. Appeal of order directing liquidation - special
21		claims procedure.
22		(1) Within 5 days of the effective date of this amendatory

SB3733 Engrossed - 1091 - LRB096 19592 AMC 34984 b
1		Act of 1982, or, if later, within 5 days after the filing of a
2		notice of appeal of an order of liquidation, which order has
3		not been stayed, the Director shall present for the circuit
4		court's approval a plan for the continued performance of the
5		defendant company's policy claims obligations, including the
6		duty to defend insureds under liability insurance policies,
7		during the pendency of an appeal. Such plan shall provide for
8		the continued performance and payment of policy claims
9		obligations in the normal course of events, notwithstanding the
10		grounds alleged in support of the order of liquidation
11		including the ground of insolvency. In the event the defendant
12		company's financial condition will not, in the judgment of the
13		Director, support the full performance of all policy claims
14		obligations during the appeal pendency period, the plan may
15		prefer the claims of certain policyholders and claimants over
16		creditors and interested parties as well as other policyholders
17		and claimants, as the Director finds to be fair and equitable
18		considering the relative circumstances of such policyholders
19		and claimants. The circuit court shall examine the plan
20		submitted by the Director and if it finds the plan to be in the
21		best interests of the parties, the circuit court shall approve
22		the plan. No action shall lie against the Director or any of
23		his deputies, agents, clerks, assistants or attorneys by any
24		party based on preference in an appeal pendency plan approved
25		by the circuit court.
26		(2) The appeal pendency plan shall not supersede supercede

SB3733 Engrossed - 1092 - LRB096 19592 AMC 34984 b
1		or affect the obligations of any insurance guaranty fund which
2		under its own state law is required to pay covered claims
3		obligations during the appeal pendency period.
4		(Source: P.A. 82-920; revised 10-30-09.)
5		(215 ILCS 5/356z.14)
6		Sec. 356z.14. Autism spectrum disorders.
7		(a) A group or individual policy of accident and health
8		insurance or managed care plan amended, delivered, issued, or
9		renewed after the effective date of this amendatory Act of the
10		95th General Assembly must provide individuals under 21 years
11		of age coverage for the diagnosis of autism spectrum disorders
12		and for the treatment of autism spectrum disorders to the
13		extent that the diagnosis and treatment of autism spectrum
14		disorders are not already covered by the policy of accident and
15		health insurance or managed care plan.
16		(b) Coverage provided under this Section shall be subject
17		to a maximum benefit of $36,000 per year, but shall not be
18		subject to any limits on the number of visits to a service
19		provider. After December 30, 2009, the Director of the Division
20		of Insurance shall, on an annual basis, adjust the maximum
21		benefit for inflation using the Medical Care Component of the
22		United States Department of Labor Consumer Price Index for All
23		Urban Consumers. Payments made by an insurer on behalf of a
24		covered individual for any care, treatment, intervention,
25		service, or item, the provision of which was for the treatment

SB3733 Engrossed - 1093 - LRB096 19592 AMC 34984 b
1		of a health condition not diagnosed as an autism spectrum
2		disorder, shall not be applied toward any maximum benefit
3		established under this subsection.
4		(c) Coverage under this Section shall be subject to
5		copayment, deductible, and coinsurance provisions of a policy
6		of accident and health insurance or managed care plan to the
7		extent that other medical services covered by the policy of
8		accident and health insurance or managed care plan are subject
9		to these provisions.
10		(d) This Section shall not be construed as limiting
11		benefits that are otherwise available to an individual under a
12		policy of accident and health insurance or managed care plan
13		and benefits provided under this Section may not be subject to
14		dollar limits, deductibles, copayments, or coinsurance
15		provisions that are less favorable to the insured than the
16		dollar limits, deductibles, or coinsurance provisions that
17		apply to physical illness generally.
18		(e) An insurer may not deny or refuse to provide otherwise
19		covered services, or refuse to renew, refuse to reissue, or
20		otherwise terminate or restrict coverage under an individual
21		contract to provide services to an individual because the
22		individual or their dependent is diagnosed with an autism
23		spectrum disorder or due to the individual utilizing benefits
24		in this Section.
25		(f) Upon request of the reimbursing insurer, a provider of
26		treatment for autism spectrum disorders shall furnish medical

SB3733 Engrossed - 1094 - LRB096 19592 AMC 34984 b
1		records, clinical notes, or other necessary data that
2		substantiate that initial or continued medical treatment is
3		medically necessary and is resulting in improved clinical
4		status. When treatment is anticipated to require continued
5		services to achieve demonstrable progress, the insurer may
6		request a treatment plan consisting of diagnosis, proposed
7		treatment by type, frequency, anticipated duration of
8		treatment, the anticipated outcomes stated as goals, and the
9		frequency by which the treatment plan will be updated.
10		(g) When making a determination of medical necessity for a
11		treatment modality for autism spectrum disorders, an insurer
12		must make the determination in a manner that is consistent with
13		the manner used to make that determination with respect to
14		other diseases or illnesses covered under the policy, including
15		an appeals process. During the appeals process, any challenge
16		to medical necessity must be viewed as reasonable only if the
17		review includes a physician with expertise in the most current
18		and effective treatment modalities for autism spectrum
19		disorders.
20		(h) Coverage for medically necessary early intervention
21		services must be delivered by certified early intervention
22		specialists, as defined in 89 Ill. Admin. Code 500 and any
23		subsequent amendments thereto.
24		(i) As used in this Section:
25		"Autism spectrum disorders" means pervasive developmental
26		disorders as defined in the most recent edition of the

SB3733 Engrossed - 1095 - LRB096 19592 AMC 34984 b
1		Diagnostic and Statistical Manual of Mental Disorders,
2		including autism, Asperger's disorder, and pervasive
3		developmental disorder not otherwise specified.
4		"Diagnosis of autism spectrum disorders" means one or more
5		tests, evaluations, or assessments to diagnose whether an
6		individual has autism spectrum disorder that is prescribed,
7		performed, or ordered by (A) a physician licensed to practice
8		medicine in all its branches or (B) a licensed clinical
9		psychologist with expertise in diagnosing autism spectrum
10		disorders.
11		"Medically necessary" means any care, treatment,
12		intervention, service or item which will or is reasonably
13		expected to do any of the following: (i) prevent the onset of
14		an illness, condition, injury, disease or disability; (ii)
15		reduce or ameliorate the physical, mental or developmental
16		effects of an illness, condition, injury, disease or
17		disability; or (iii) assist to achieve or maintain maximum
18		functional activity in performing daily activities.
19		"Treatment for autism spectrum disorders" shall include
20		the following care prescribed, provided, or ordered for an
21		individual diagnosed with an autism spectrum disorder by (A) a
22		physician licensed to practice medicine in all its branches or
23		(B) a certified, registered, or licensed health care
24		professional with expertise in treating effects of autism
25		spectrum disorders when the care is determined to be medically
26		necessary and ordered by a physician licensed to practice

SB3733 Engrossed - 1096 - LRB096 19592 AMC 34984 b
1		medicine in all its branches:
2		(1) Psychiatric care, meaning direct, consultative, or
3		diagnostic services provided by a licensed psychiatrist.
4		(2) Psychological care, meaning direct or consultative
5		services provided by a licensed psychologist.
6		(3) Habilitative or rehabilitative care, meaning
7		professional, counseling, and guidance services and
8		treatment programs, including applied behavior analysis,
9		that are intended to develop, maintain, and restore the
10		functioning of an individual. As used in this subsection
11		(i), "applied behavior analysis" means the design,
12		implementation, and evaluation of environmental
13		modifications using behavioral stimuli and consequences to
14		produce socially significant improvement in human
15		behavior, including the use of direct observation,
16		measurement, and functional analysis of the relations
17		between environment and behavior.
18		(4) Therapeutic care, including behavioral, speech,
19		occupational, and physical therapies that provide
20		treatment in the following areas: (i) self care and
21		feeding, (ii) pragmatic, receptive, and expressive
22		language, (iii) cognitive functioning, (iv) applied
23		behavior analysis, intervention, and modification, (v)
24		motor planning, and (vi) sensory processing.
25		(j) Rulemaking authority to implement this amendatory Act
26		of the 95th General Assembly, if any, is conditioned on the

SB3733 Engrossed - 1097 - LRB096 19592 AMC 34984 b
1		rules being adopted in accordance with all provisions of the
2		Illinois Administrative Procedure Act and all rules and
3		procedures of the Joint Committee on Administrative Rules; any
4		purported rule not so adopted, for whatever reason, is
5		unauthorized.
6		(Source: P.A. 95-1005, eff. 12-12-08.)
7		(215 ILCS 5/356z.15)
8		(Text of Section before amendment by P.A. 96-833)
9		Sec. 356z.15 356z.14. Habilitative services for children.
10		(a) As used in this Section, "habilitative services" means
11		occupational therapy, physical therapy, speech therapy, and
12		other services prescribed by the insured's treating physician
13		pursuant to a treatment plan to enhance the ability of a child
14		to function with a congenital, genetic, or early acquired
15		disorder. A congenital or genetic disorder includes, but is not
16		limited to, hereditary disorders. An early acquired disorder
17		refers to a disorder resulting from illness, trauma, injury, or
18		some other event or condition suffered by a child prior to that
19		child developing functional life skills such as, but not
20		limited to, walking, talking, or self-help skills. Congenital,
21		genetic, and early acquired disorders may include, but are not
22		limited to, autism or an autism spectrum disorder, cerebral
23		palsy, and other disorders resulting from early childhood
24		illness, trauma, or injury.
25		(b) A group or individual policy of accident and health

SB3733 Engrossed - 1098 - LRB096 19592 AMC 34984 b
1		insurance or managed care plan amended, delivered, issued, or
2		renewed after the effective date of this amendatory Act of the
3		95th General Assembly must provide coverage for habilitative
4		services for children under 19 years of age with a congenital,
5		genetic, or early acquired disorder so long as all of the
6		following conditions are met:
7		(1) A physician licensed to practice medicine in all
8		its branches has diagnosed the child's congenital,
9		genetic, or early acquired disorder.
10		(2) The treatment is administered by a licensed
11		speech-language pathologist, licensed audiologist,
12		licensed occupational therapist, licensed physical
13		therapist, licensed physician, licensed nurse, licensed
14		optometrist, licensed nutritionist, licensed social
15		worker, or licensed psychologist upon the referral of a
16		physician licensed to practice medicine in all its
17		branches.
18		(3) The initial or continued treatment must be
19		medically necessary and therapeutic and not experimental
20		or investigational.
21		(c) The coverage required by this Section shall be subject
22		to other general exclusions and limitations of the policy,
23		including coordination of benefits, participating provider
24		requirements, restrictions on services provided by family or
25		household members, utilization review of health care services,
26		including review of medical necessity, case management,

SB3733 Engrossed - 1099 - LRB096 19592 AMC 34984 b
1		experimental, and investigational treatments, and other
2		managed care provisions.
3		(d) Coverage under this Section does not apply to those
4		services that are solely educational in nature or otherwise
5		paid under State or federal law for purely educational
6		services. Nothing in this subsection (d) relieves an insurer or
7		similar third party from an otherwise valid obligation to
8		provide or to pay for services provided to a child with a
9		disability.
10		(e) Coverage under this Section for children under age 19
11		shall not apply to treatment of mental or emotional disorders
12		or illnesses as covered under Section 370 of this Code as well
13		as any other benefit based upon a specific diagnosis that may
14		be otherwise required by law.
15		(f) The provisions of this Section do not apply to
16		short-term travel, accident-only, limited, or specific disease
17		policies.
18		(g) Any denial of care for habilitative services shall be
19		subject to appeal and external independent review procedures as
20		provided by Section 45 of the Managed Care Reform and Patient
21		Rights Act.
22		(h) Upon request of the reimbursing insurer, the provider
23		under whose supervision the habilitative services are being
24		provided shall furnish medical records, clinical notes, or
25		other necessary data to allow the insurer to substantiate that
26		initial or continued medical treatment is medically necessary

SB3733 Engrossed - 1100 - LRB096 19592 AMC 34984 b
1		and that the patient's condition is clinically improving. When
2		the treating provider anticipates that continued treatment is
3		or will be required to permit the patient to achieve
4		demonstrable progress, the insurer may request that the
5		provider furnish a treatment plan consisting of diagnosis,
6		proposed treatment by type, frequency, anticipated duration of
7		treatment, the anticipated goals of treatment, and how
8		frequently the treatment plan will be updated.
9		(i) Rulemaking authority to implement this amendatory Act
10		of the 95th General Assembly, if any, is conditioned on the
11		rules being adopted in accordance with all provisions of the
12		Illinois Administrative Procedure Act and all rules and
13		procedures of the Joint Committee on Administrative Rules; any
14		purported rule not so adopted, for whatever reason, is
15		unauthorized.
16		(Source: P.A. 95-1049, eff. 1-1-10; revised 10-23-09.)
17		(Text of Section after amendment by P.A. 96-833)
18		Sec. 356z.15. Habilitative services for children.
19		(a) As used in this Section, "habilitative services" means
20		occupational therapy, physical therapy, speech therapy, and
21		other services prescribed by the insured's treating physician
22		pursuant to a treatment plan to enhance the ability of a child
23		to function with a congenital, genetic, or early acquired
24		disorder. A congenital or genetic disorder includes, but is not
25		limited to, hereditary disorders. An early acquired disorder

SB3733 Engrossed - 1101 - LRB096 19592 AMC 34984 b
1		refers to a disorder resulting from illness, trauma, injury, or
2		some other event or condition suffered by a child prior to that
3		child developing functional life skills such as, but not
4		limited to, walking, talking, or self-help skills. Congenital,
5		genetic, and early acquired disorders may include, but are not
6		limited to, autism or an autism spectrum disorder, cerebral
7		palsy, and other disorders resulting from early childhood
8		illness, trauma, or injury.
9		(b) A group or individual policy of accident and health
10		insurance or managed care plan amended, delivered, issued, or
11		renewed after the effective date of this amendatory Act of the
12		95th General Assembly must provide coverage for habilitative
13		services for children under 19 years of age with a congenital,
14		genetic, or early acquired disorder so long as all of the
15		following conditions are met:
16		(1) A physician licensed to practice medicine in all
17		its branches has diagnosed the child's congenital,
18		genetic, or early acquired disorder.
19		(2) The treatment is administered by a licensed
20		speech-language pathologist, licensed audiologist,
21		licensed occupational therapist, licensed physical
22		therapist, licensed physician, licensed nurse, licensed
23		optometrist, licensed nutritionist, licensed social
24		worker, or licensed psychologist upon the referral of a
25		physician licensed to practice medicine in all its
26		branches.

SB3733 Engrossed - 1102 - LRB096 19592 AMC 34984 b
1		(3) The initial or continued treatment must be
2		medically necessary and therapeutic and not experimental
3		or investigational.
4		(c) The coverage required by this Section shall be subject
5		to other general exclusions and limitations of the policy,
6		including coordination of benefits, participating provider
7		requirements, restrictions on services provided by family or
8		household members, utilization review of health care services,
9		including review of medical necessity, case management,
10		experimental, and investigational treatments, and other
11		managed care provisions.
12		(d) Coverage under this Section does not apply to those
13		services that are solely educational in nature or otherwise
14		paid under State or federal law for purely educational
15		services. Nothing in this subsection (d) relieves an insurer or
16		similar third party from an otherwise valid obligation to
17		provide or to pay for services provided to a child with a
18		disability.
19		(e) Coverage under this Section for children under age 19
20		shall not apply to treatment of mental or emotional disorders
21		or illnesses as covered under Section 370 of this Code as well
22		as any other benefit based upon a specific diagnosis that may
23		be otherwise required by law.
24		(f) The provisions of this Section do not apply to
25		short-term travel, accident-only, limited, or specific disease
26		policies.

SB3733 Engrossed - 1103 - LRB096 19592 AMC 34984 b
1		(g) Any denial of care for habilitative services shall be
2		subject to appeal and external independent review procedures as
3		provided by Section 45 of the Managed Care Reform and Patient
4		Rights Act.
5		(h) Upon request of the reimbursing insurer, the provider
6		under whose supervision the habilitative services are being
7		provided shall furnish medical records, clinical notes, or
8		other necessary data to allow the insurer to substantiate that
9		initial or continued medical treatment is medically necessary
10		and that the patient's condition is clinically improving. When
11		the treating provider anticipates that continued treatment is
12		or will be required to permit the patient to achieve
13		demonstrable progress, the insurer may request that the
14		provider furnish a treatment plan consisting of diagnosis,
15		proposed treatment by type, frequency, anticipated duration of
16		treatment, the anticipated goals of treatment, and how
17		frequently the treatment plan will be updated.
18		(i) Rulemaking authority to implement this amendatory Act
19		of the 95th General Assembly, if any, is conditioned on the
20		rules being adopted in accordance with all provisions of the
21		Illinois Administrative Procedure Act and all rules and
22		procedures of the Joint Committee on Administrative Rules; any
23		purported rule not so adopted, for whatever reason, is
24		unauthorized.
25		(Source: P.A. 95-1049, eff. 1-1-10; 96-833, eff. 6-1-10.)

SB3733 Engrossed - 1104 - LRB096 19592 AMC 34984 b
1		(215 ILCS 5/356z.16)
2		Sec. 356z.16 356z.15. Applicability of mandated benefits
3		to supplemental policies. Unless specified otherwise, the
4		following Sections of the Illinois Insurance Code do not apply
5		to short-term travel, disability income, long-term care,
6		accident only, or limited or specified disease policies: 356b,
7		356c, 356d, 356g, 356k, 356m, 356n, 356p, 356q, 356r, 356t,
8		356u, 356w, 356x, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6,
9		356z.8, 367.2-5, and 367e.
10		(Source: P.A. 96-180, eff. 1-1-10; revised 10-21-09.)
11		(215 ILCS 5/370c) (from Ch. 73, par. 982c)
12		Sec. 370c. Mental and emotional disorders.
13		(a) (1) On and after the effective date of this Section,
14		every insurer which delivers, issues for delivery or renews or
15		modifies group A&H policies providing coverage for hospital or
16		medical treatment or services for illness on an
17		expense-incurred basis shall offer to the applicant or group
18		policyholder subject to the insurers standards of
19		insurability, coverage for reasonable and necessary treatment
20		and services for mental, emotional or nervous disorders or
21		conditions, other than serious mental illnesses as defined in
22		item (2) of subsection (b), up to the limits provided in the
23		policy for other disorders or conditions, except (i) the
24		insured may be required to pay up to 50% of expenses incurred
25		as a result of the treatment or services, and (ii) the annual

SB3733 Engrossed - 1105 - LRB096 19592 AMC 34984 b
1		benefit limit may be limited to the lesser of $10,000 or 25% of
2		the lifetime policy limit.
3		(2) Each insured that is covered for mental, emotional or
4		nervous disorders or conditions shall be free to select the
5		physician licensed to practice medicine in all its branches,
6		licensed clinical psychologist, licensed clinical social
7		worker, licensed clinical professional counselor, or licensed
8		marriage and family therapist of his choice to treat such
9		disorders, and the insurer shall pay the covered charges of
10		such physician licensed to practice medicine in all its
11		branches, licensed clinical psychologist, licensed clinical
12		social worker, licensed clinical professional counselor, or
13		licensed marriage and family therapist up to the limits of
14		coverage, provided (i) the disorder or condition treated is
15		covered by the policy, and (ii) the physician, licensed
16		psychologist, licensed clinical social worker, licensed
17		clinical professional counselor, or licensed marriage and
18		family therapist is authorized to provide said services under
19		the statutes of this State and in accordance with accepted
20		principles of his profession.
21		(3) Insofar as this Section applies solely to licensed
22		clinical social workers, licensed clinical professional
23		counselors, and licensed marriage and family therapists, those
24		persons who may provide services to individuals shall do so
25		after the licensed clinical social worker, licensed clinical
26		professional counselor, or licensed marriage and family

SB3733 Engrossed - 1106 - LRB096 19592 AMC 34984 b
1		therapist has informed the patient of the desirability of the
2		patient conferring with the patient's primary care physician
3		and the licensed clinical social worker, licensed clinical
4		professional counselor, or licensed marriage and family
5		therapist has provided written notification to the patient's
6		primary care physician, if any, that services are being
7		provided to the patient. That notification may, however, be
8		waived by the patient on a written form. Those forms shall be
9		retained by the licensed clinical social worker, licensed
10		clinical professional counselor, or licensed marriage and
11		family therapist for a period of not less than 5 years.
12		(b) (1) An insurer that provides coverage for hospital or
13		medical expenses under a group policy of accident and health
14		insurance or health care plan amended, delivered, issued, or
15		renewed after the effective date of this amendatory Act of the
16		92nd General Assembly shall provide coverage under the policy
17		for treatment of serious mental illness under the same terms
18		and conditions as coverage for hospital or medical expenses
19		related to other illnesses and diseases. The coverage required
20		under this Section must provide for same durational limits,
21		amount limits, deductibles, and co-insurance requirements for
22		serious mental illness as are provided for other illnesses and
23		diseases. This subsection does not apply to coverage provided
24		to employees by employers who have 50 or fewer employees.
25		(2) "Serious mental illness" means the following
26		psychiatric illnesses as defined in the most current edition of

SB3733 Engrossed - 1107 - LRB096 19592 AMC 34984 b
1		the Diagnostic and Statistical Manual (DSM) published by the
2		American Psychiatric Association:
3		(A) schizophrenia;
4		(B) paranoid and other psychotic disorders;
5		(C) bipolar disorders (hypomanic, manic, depressive,
6		and mixed);
7		(D) major depressive disorders (single episode or
8		recurrent);
9		(E) schizoaffective disorders (bipolar or depressive);
10		(F) pervasive developmental disorders;
11		(G) obsessive-compulsive disorders;
12		(H) depression in childhood and adolescence;
13		(I) panic disorder;
14		(J) post-traumatic stress disorders (acute, chronic,
15		or with delayed onset); and
16		(K) anorexia nervosa and bulimia nervosa.
17		(3) Upon request of the reimbursing insurer, a provider of
18		treatment of serious mental illness shall furnish medical
19		records or other necessary data that substantiate that initial
20		or continued treatment is at all times medically necessary. An
21		insurer shall provide a mechanism for the timely review by a
22		provider holding the same license and practicing in the same
23		specialty as the patient's provider, who is unaffiliated with
24		the insurer, jointly selected by the patient (or the patient's
25		next of kin or legal representative if the patient is unable to
26		act for himself or herself), the patient's provider, and the

SB3733 Engrossed - 1108 - LRB096 19592 AMC 34984 b
1		insurer in the event of a dispute between the insurer and
2		patient's provider regarding the medical necessity of a
3		treatment proposed by a patient's provider. If the reviewing
4		provider determines the treatment to be medically necessary,
5		the insurer shall provide reimbursement for the treatment.
6		Future contractual or employment actions by the insurer
7		regarding the patient's provider may not be based on the
8		provider's participation in this procedure. Nothing prevents
9		the insured from agreeing in writing to continue treatment at
10		his or her expense. When making a determination of the medical
11		necessity for a treatment modality for serous mental illness,
12		an insurer must make the determination in a manner that is
13		consistent with the manner used to make that determination with
14		respect to other diseases or illnesses covered under the
15		policy, including an appeals process.
16		(4) A group health benefit plan:
17		(A) shall provide coverage based upon medical
18		necessity for the following treatment of mental illness in
19		each calendar year:
20		(i) 45 days of inpatient treatment; and
21		(ii) beginning on June 26, 2006 (the effective date
22		of Public Act 94-921), 60 visits for outpatient
23		treatment including group and individual outpatient
24		treatment; and
25		(iii) for plans or policies delivered, issued for
26		delivery, renewed, or modified after January 1, 2007

SB3733 Engrossed - 1109 - LRB096 19592 AMC 34984 b
1		(the effective date of Public Act 94-906), 20
2		additional outpatient visits for speech therapy for
3		treatment of pervasive developmental disorders that
4		will be in addition to speech therapy provided pursuant
5		to item (ii) of this subparagraph (A);
6		(B) may not include a lifetime limit on the number of
7		days of inpatient treatment or the number of outpatient
8		visits covered under the plan; and
9		(C) shall include the same amount limits, deductibles,
10		copayments, and coinsurance factors for serious mental
11		illness as for physical illness.
12		(5) An issuer of a group health benefit plan may not count
13		toward the number of outpatient visits required to be covered
14		under this Section an outpatient visit for the purpose of
15		medication management and shall cover the outpatient visits
16		under the same terms and conditions as it covers outpatient
17		visits for the treatment of physical illness.
18		(6) An issuer of a group health benefit plan may provide or
19		offer coverage required under this Section through a managed
20		care plan.
21		(7) This Section shall not be interpreted to require a
22		group health benefit plan to provide coverage for treatment of:
23		(A) an addiction to a controlled substance or cannabis
24		that is used in violation of law; or
25		(B) mental illness resulting from the use of a
26		controlled substance or cannabis in violation of law.

SB3733 Engrossed - 1110 - LRB096 19592 AMC 34984 b
1		(8) (Blank).
2		(c) This Section shall not be interpreted to require
3		coverage for speech therapy or other habilitative services for
4		those individuals covered under Section 356z.15 356z.14 of this
5		Code.
6		(Source: P.A. 95-331, eff. 8-21-07; 95-972, eff. 9-22-08;
7		95-973, eff. 1-1-09; 95-1049, eff. 1-1-10; 96-328, eff.
8		8-11-09; revised 9-25-09.)
9		(215 ILCS 5/451) (from Ch. 73, par. 1063)
10		Sec. 451. Companies not subject to Code. This Code shall
11		not apply to companies now or hereafter organized or
12		transacting business under the Title Insurance Act, or Act
13		amendatory thereof, supplementary thereto, or in replacement
14		thereof; nor to corporations now or hereafter organized and
15		transacting business under "An Act to provide for the
16		incorporation and regulation of nonprofit hospital service
17		corporations" approved July 6, 1935, or Act amendatory thereof
18		or supplementary thereto; nor shall any part of this Code other
19		than Articles X, XI, XIII, and XXIV apply to companies now or
20		hereafter organized or transacting business under an Act
21		entitled, "An Act relating to local mutual district, county and
22		township insurance companies," approved March 13, 1936, or Act
23		amendatory thereof or supplementary thereto. No domestic
24		company shall be organized under this Code, nor shall any
25		foreign or alien company receive a certificate of authority

SB3733 Engrossed - 1111 - LRB096 19592 AMC 34984 b
1		under this Code, to transact the business of title insurance.
2		The changes made to this Section by Public Act 96-334 are this
3		amendatory Act of the 96th General Assembly is a statement and
4		clarification of existing law.
5		(Source: P.A. 96-334, eff. 1-1-10; revised 11-3-09.)
6		Section 400. The Producer Controlled Insurer Act is amended
7		by changing Section 10 as follows:
8		(215 ILCS 107/10)
9		Sec. 10. Applicability. This Act applies to licensed
10		insurers domiciled in this State or domiciled in a state that
11		is not an accredited state having in effect a substantially
12		similar law. All provisions of Article VIII 1/2 of the Illinois
13		Insurance Code, to the extent not superseded superceded by this
14		Act, shall apply to all parties within holding company systems
15		subject to this Act.
16		(Source: P.A. 87-1090; revised 10-30-09.)
17		Section 405. The Health Maintenance Organization Act is
18		amended by changing Section 5-3 as follows:
19		(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
20		(Text of Section before amendment by P.A. 96-833)
21		Sec. 5-3. Insurance Code provisions.
22		(a) Health Maintenance Organizations shall be subject to

SB3733 Engrossed - 1112 - LRB096 19592 AMC 34984 b
1		the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
2		141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
3		154.6, 154.7, 154.8, 155.04, 355.2, 356g.5-1, 356m, 356v, 356w,
4		356x, 356y, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9,
5		356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15 356z.14,
6		356z.17 356z.15, 364.01, 367.2, 367.2-5, 367i, 368a, 368b,
7		368c, 368d, 368e, 370c, 401, 401.1, 402, 403, 403A, 408, 408.2,
8		409, 412, 444, and 444.1, paragraph (c) of subsection (2) of
9		Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
10		XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
11		(b) For purposes of the Illinois Insurance Code, except for
12		Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
13		Maintenance Organizations in the following categories are
14		deemed to be "domestic companies":
15		(1) a corporation authorized under the Dental Service
16		Plan Act or the Voluntary Health Services Plans Act;
17		(2) a corporation organized under the laws of this
18		State; or
19		(3) a corporation organized under the laws of another
20		state, 30% or more of the enrollees of which are residents
21		of this State, except a corporation subject to
22		substantially the same requirements in its state of
23		organization as is a "domestic company" under Article VIII
24		1/2 of the Illinois Insurance Code.
25		(c) In considering the merger, consolidation, or other
26		acquisition of control of a Health Maintenance Organization

SB3733 Engrossed - 1113 - LRB096 19592 AMC 34984 b
1		pursuant to Article VIII 1/2 of the Illinois Insurance Code,
2		(1) the Director shall give primary consideration to
3		the continuation of benefits to enrollees and the financial
4		conditions of the acquired Health Maintenance Organization
5		after the merger, consolidation, or other acquisition of
6		control takes effect;
7		(2)(i) the criteria specified in subsection (1)(b) of
8		Section 131.8 of the Illinois Insurance Code shall not
9		apply and (ii) the Director, in making his determination
10		with respect to the merger, consolidation, or other
11		acquisition of control, need not take into account the
12		effect on competition of the merger, consolidation, or
13		other acquisition of control;
14		(3) the Director shall have the power to require the
15		following information:
16		(A) certification by an independent actuary of the
17		adequacy of the reserves of the Health Maintenance
18		Organization sought to be acquired;
19		(B) pro forma financial statements reflecting the
20		combined balance sheets of the acquiring company and
21		the Health Maintenance Organization sought to be
22		acquired as of the end of the preceding year and as of
23		a date 90 days prior to the acquisition, as well as pro
24		forma financial statements reflecting projected
25		combined operation for a period of 2 years;
26		(C) a pro forma business plan detailing an

SB3733 Engrossed - 1114 - LRB096 19592 AMC 34984 b
1		acquiring party's plans with respect to the operation
2		of the Health Maintenance Organization sought to be
3		acquired for a period of not less than 3 years; and
4		(D) such other information as the Director shall
5		require.
6		(d) The provisions of Article VIII 1/2 of the Illinois
7		Insurance Code and this Section 5-3 shall apply to the sale by
8		any health maintenance organization of greater than 10% of its
9		enrollee population (including without limitation the health
10		maintenance organization's right, title, and interest in and to
11		its health care certificates).
12		(e) In considering any management contract or service
13		agreement subject to Section 141.1 of the Illinois Insurance
14		Code, the Director (i) shall, in addition to the criteria
15		specified in Section 141.2 of the Illinois Insurance Code, take
16		into account the effect of the management contract or service
17		agreement on the continuation of benefits to enrollees and the
18		financial condition of the health maintenance organization to
19		be managed or serviced, and (ii) need not take into account the
20		effect of the management contract or service agreement on
21		competition.
22		(f) Except for small employer groups as defined in the
23		Small Employer Rating, Renewability and Portability Health
24		Insurance Act and except for medicare supplement policies as
25		defined in Section 363 of the Illinois Insurance Code, a Health
26		Maintenance Organization may by contract agree with a group or

SB3733 Engrossed - 1115 - LRB096 19592 AMC 34984 b
1		other enrollment unit to effect refunds or charge additional
2		premiums under the following terms and conditions:
3		(i) the amount of, and other terms and conditions with
4		respect to, the refund or additional premium are set forth
5		in the group or enrollment unit contract agreed in advance
6		of the period for which a refund is to be paid or
7		additional premium is to be charged (which period shall not
8		be less than one year); and
9		(ii) the amount of the refund or additional premium
10		shall not exceed 20% of the Health Maintenance
11		Organization's profitable or unprofitable experience with
12		respect to the group or other enrollment unit for the
13		period (and, for purposes of a refund or additional
14		premium, the profitable or unprofitable experience shall
15		be calculated taking into account a pro rata share of the
16		Health Maintenance Organization's administrative and
17		marketing expenses, but shall not include any refund to be
18		made or additional premium to be paid pursuant to this
19		subsection (f)). The Health Maintenance Organization and
20		the group or enrollment unit may agree that the profitable
21		or unprofitable experience may be calculated taking into
22		account the refund period and the immediately preceding 2
23		plan years.
24		The Health Maintenance Organization shall include a
25		statement in the evidence of coverage issued to each enrollee
26		describing the possibility of a refund or additional premium,

SB3733 Engrossed - 1116 - LRB096 19592 AMC 34984 b
1		and upon request of any group or enrollment unit, provide to
2		the group or enrollment unit a description of the method used
3		to calculate (1) the Health Maintenance Organization's
4		profitable experience with respect to the group or enrollment
5		unit and the resulting refund to the group or enrollment unit
6		or (2) the Health Maintenance Organization's unprofitable
7		experience with respect to the group or enrollment unit and the
8		resulting additional premium to be paid by the group or
9		enrollment unit.
10		In no event shall the Illinois Health Maintenance
11		Organization Guaranty Association be liable to pay any
12		contractual obligation of an insolvent organization to pay any
13		refund authorized under this Section.
14		(g) Rulemaking authority to implement Public Act 95-1045
15		this amendatory Act of the 95th General Assembly, if any, is
16		conditioned on the rules being adopted in accordance with all
17		provisions of the Illinois Administrative Procedure Act and all
18		rules and procedures of the Joint Committee on Administrative
19		Rules; any purported rule not so adopted, for whatever reason,
20		is unauthorized.
21		(Source: P.A. 95-422, eff. 8-24-07; 95-520, eff. 8-28-07;
22		95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09;
23		95-1005, eff. 12-12-08; 95-1045, eff. 3-27-09; 95-1049, eff.
24		1-1-10; 96-328, eff. 8-11-09; 96-639, eff. 1-1-10; revised
25		10-23-09.)

SB3733 Engrossed - 1117 - LRB096 19592 AMC 34984 b
1		(Text of Section after amendment by P.A. 96-833)
2		Sec. 5-3. Insurance Code provisions.
3		(a) Health Maintenance Organizations shall be subject to
4		the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
5		141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
6		154.6, 154.7, 154.8, 155.04, 355.2, 356g.5-1, 356m, 356v, 356w,
7		356x, 356y, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9,
8		356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,
9		356z.18, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d,
10		368e, 370c, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412,
11		444, and 444.1, paragraph (c) of subsection (2) of Section 367,
12		and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV,
13		and XXVI of the Illinois Insurance Code.
14		(b) For purposes of the Illinois Insurance Code, except for
15		Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
16		Maintenance Organizations in the following categories are
17		deemed to be "domestic companies":
18		(1) a corporation authorized under the Dental Service
19		Plan Act or the Voluntary Health Services Plans Act;
20		(2) a corporation organized under the laws of this
21		State; or
22		(3) a corporation organized under the laws of another
23		state, 30% or more of the enrollees of which are residents
24		of this State, except a corporation subject to
25		substantially the same requirements in its state of
26		organization as is a "domestic company" under Article VIII

SB3733 Engrossed - 1118 - LRB096 19592 AMC 34984 b
1		1/2 of the Illinois Insurance Code.
2		(c) In considering the merger, consolidation, or other
3		acquisition of control of a Health Maintenance Organization
4		pursuant to Article VIII 1/2 of the Illinois Insurance Code,
5		(1) the Director shall give primary consideration to
6		the continuation of benefits to enrollees and the financial
7		conditions of the acquired Health Maintenance Organization
8		after the merger, consolidation, or other acquisition of
9		control takes effect;
10		(2)(i) the criteria specified in subsection (1)(b) of
11		Section 131.8 of the Illinois Insurance Code shall not
12		apply and (ii) the Director, in making his determination
13		with respect to the merger, consolidation, or other
14		acquisition of control, need not take into account the
15		effect on competition of the merger, consolidation, or
16		other acquisition of control;
17		(3) the Director shall have the power to require the
18		following information:
19		(A) certification by an independent actuary of the
20		adequacy of the reserves of the Health Maintenance
21		Organization sought to be acquired;
22		(B) pro forma financial statements reflecting the
23		combined balance sheets of the acquiring company and
24		the Health Maintenance Organization sought to be
25		acquired as of the end of the preceding year and as of
26		a date 90 days prior to the acquisition, as well as pro

SB3733 Engrossed - 1119 - LRB096 19592 AMC 34984 b
1		forma financial statements reflecting projected
2		combined operation for a period of 2 years;
3		(C) a pro forma business plan detailing an
4		acquiring party's plans with respect to the operation
5		of the Health Maintenance Organization sought to be
6		acquired for a period of not less than 3 years; and
7		(D) such other information as the Director shall
8		require.
9		(d) The provisions of Article VIII 1/2 of the Illinois
10		Insurance Code and this Section 5-3 shall apply to the sale by
11		any health maintenance organization of greater than 10% of its
12		enrollee population (including without limitation the health
13		maintenance organization's right, title, and interest in and to
14		its health care certificates).
15		(e) In considering any management contract or service
16		agreement subject to Section 141.1 of the Illinois Insurance
17		Code, the Director (i) shall, in addition to the criteria
18		specified in Section 141.2 of the Illinois Insurance Code, take
19		into account the effect of the management contract or service
20		agreement on the continuation of benefits to enrollees and the
21		financial condition of the health maintenance organization to
22		be managed or serviced, and (ii) need not take into account the
23		effect of the management contract or service agreement on
24		competition.
25		(f) Except for small employer groups as defined in the
26		Small Employer Rating, Renewability and Portability Health

SB3733 Engrossed - 1120 - LRB096 19592 AMC 34984 b
1		Insurance Act and except for medicare supplement policies as
2		defined in Section 363 of the Illinois Insurance Code, a Health
3		Maintenance Organization may by contract agree with a group or
4		other enrollment unit to effect refunds or charge additional
5		premiums under the following terms and conditions:
6		(i) the amount of, and other terms and conditions with
7		respect to, the refund or additional premium are set forth
8		in the group or enrollment unit contract agreed in advance
9		of the period for which a refund is to be paid or
10		additional premium is to be charged (which period shall not
11		be less than one year); and
12		(ii) the amount of the refund or additional premium
13		shall not exceed 20% of the Health Maintenance
14		Organization's profitable or unprofitable experience with
15		respect to the group or other enrollment unit for the
16		period (and, for purposes of a refund or additional
17		premium, the profitable or unprofitable experience shall
18		be calculated taking into account a pro rata share of the
19		Health Maintenance Organization's administrative and
20		marketing expenses, but shall not include any refund to be
21		made or additional premium to be paid pursuant to this
22		subsection (f)). The Health Maintenance Organization and
23		the group or enrollment unit may agree that the profitable
24		or unprofitable experience may be calculated taking into
25		account the refund period and the immediately preceding 2
26		plan years.

SB3733 Engrossed - 1121 - LRB096 19592 AMC 34984 b
1		The Health Maintenance Organization shall include a
2		statement in the evidence of coverage issued to each enrollee
3		describing the possibility of a refund or additional premium,
4		and upon request of any group or enrollment unit, provide to
5		the group or enrollment unit a description of the method used
6		to calculate (1) the Health Maintenance Organization's
7		profitable experience with respect to the group or enrollment
8		unit and the resulting refund to the group or enrollment unit
9		or (2) the Health Maintenance Organization's unprofitable
10		experience with respect to the group or enrollment unit and the
11		resulting additional premium to be paid by the group or
12		enrollment unit.
13		In no event shall the Illinois Health Maintenance
14		Organization Guaranty Association be liable to pay any
15		contractual obligation of an insolvent organization to pay any
16		refund authorized under this Section.
17		(g) Rulemaking authority to implement Public Act 95-1045,
18		if any, is conditioned on the rules being adopted in accordance
19		with all provisions of the Illinois Administrative Procedure
20		Act and all rules and procedures of the Joint Committee on
21		Administrative Rules; any purported rule not so adopted, for
22		whatever reason, is unauthorized.
23		(Source: P.A. 95-422, eff. 8-24-07; 95-520, eff. 8-28-07;
24		95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09;
25		95-1005, eff. 12-12-08; 95-1045, eff. 3-27-09; 95-1049, eff.
26		1-1-10; 96-328, eff. 8-11-09; 96-639, eff. 1-1-10; 96-833, eff.

SB3733 Engrossed - 1122 - LRB096 19592 AMC 34984 b
1		6-1-10.)
2		Section 410. The Voluntary Health Services Plans Act is
3		amended by changing Section 10 as follows:
4		(215 ILCS 165/10) (from Ch. 32, par. 604)
5		(Text of Section before amendment by P.A. 96-833)
6		Sec. 10. Application of Insurance Code provisions. Health
7		services plan corporations and all persons interested therein
8		or dealing therewith shall be subject to the provisions of
9		Articles IIA and XII 1/2 and Sections 3.1, 133, 140, 143, 143c,
10		149, 155.37, 354, 355.2, 356g, 356g.5, 356g.5-1, 356r, 356t,
11		356u, 356v, 356w, 356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5,
12		356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
13		356z.14, 356z.15 356z.14, 364.01, 367.2, 368a, 401, 401.1, 402,
14		403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
15		Section 367 of the Illinois Insurance Code.
16		Rulemaking authority to implement Public Act 95-1045 this
17		amendatory Act of the 95th General Assembly, if any, is
18		conditioned on the rules being adopted in accordance with all
19		provisions of the Illinois Administrative Procedure Act and all
20		rules and procedures of the Joint Committee on Administrative
21		Rules; any purported rule not so adopted, for whatever reason,
22		is unauthorized.
23		(Source: P.A. 95-189, eff. 8-16-07; 95-331, eff. 8-21-07;
24		95-422, eff. 8-24-07; 95-520, eff. 8-28-07; 95-876, eff.

SB3733 Engrossed - 1123 - LRB096 19592 AMC 34984 b
1		8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; 95-1005,
2		eff. 12-12-08; 95-1045, eff. 3-27-09; 95-1049, eff. 1-1-10;
3		96-328, eff. 8-11-09; revised 9-25-09.)
4		(Text of Section after amendment by P.A. 96-833)
5		Sec. 10. Application of Insurance Code provisions. Health
6		services plan corporations and all persons interested therein
7		or dealing therewith shall be subject to the provisions of
8		Articles IIA and XII 1/2 and Sections 3.1, 133, 140, 143, 143c,
9		149, 155.37, 354, 355.2, 356g, 356g.5, 356g.5-1, 356r, 356t,
10		356u, 356v, 356w, 356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5,
11		356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
12		356z.14, 356z.15, 356z.18, 364.01, 367.2, 368a, 401, 401.1,
13		402, 403, 403A, 408, 408.2, and 412, and paragraphs (7) and
14		(15) of Section 367 of the Illinois Insurance Code.
15		Rulemaking authority to implement Public Act 95-1045, if
16		any, is conditioned on the rules being adopted in accordance
17		with all provisions of the Illinois Administrative Procedure
18		Act and all rules and procedures of the Joint Committee on
19		Administrative Rules; any purported rule not so adopted, for
20		whatever reason, is unauthorized.
21		(Source: P.A. 95-189, eff. 8-16-07; 95-331, eff. 8-21-07;
22		95-422, eff. 8-24-07; 95-520, eff. 8-28-07; 95-876, eff.
23		8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; 95-1005,
24		eff. 12-12-08; 95-1045, eff. 3-27-09; 95-1049, eff. 1-1-10;
25		96-328, eff. 8-11-09; 96-833, eff. 6-1-10.)

SB3733 Engrossed - 1124 - LRB096 19592 AMC 34984 b
1		Section 415. The Public Utilities Act is amended by
2		changing Sections 8-103, 19-105, and 19-112 and by setting
3		forth, renumbering, and changing multiple versions of Section
4		16-111.8 as follows:
5		(220 ILCS 5/8-103)
6		Sec. 8-103. Energy efficiency and demand-response
7		measures.
8		(a) It is the policy of the State that electric utilities
9		are required to use cost-effective energy efficiency and
10		demand-response measures to reduce delivery load. Requiring
11		investment in cost-effective energy efficiency and
12		demand-response measures will reduce direct and indirect costs
13		to consumers by decreasing environmental impacts and by
14		avoiding or delaying the need for new generation, transmission,
15		and distribution infrastructure. It serves the public interest
16		to allow electric utilities to recover costs for reasonably and
17		prudently incurred expenses for energy efficiency and
18		demand-response measures. As used in this Section,
19		"cost-effective" means that the measures satisfy the total
20		resource cost test. The low-income measures described in
21		subsection (f)(4) of this Section shall not be required to meet
22		the total resource cost test. For purposes of this Section, the
23		terms "energy-efficiency", "demand-response", "electric
24		utility", and "total resource cost test" shall have the

SB3733 Engrossed - 1125 - LRB096 19592 AMC 34984 b
1		meanings set forth in the Illinois Power Agency Act. For
2		purposes of this Section, the amount per kilowatthour means the
3		total amount paid for electric service expressed on a per
4		kilowatthour basis. For purposes of this Section, the total
5		amount paid for electric service includes without limitation
6		estimated amounts paid for supply, transmission, distribution,
7		surcharges, and add-on-taxes.
8		(b) Electric utilities shall implement cost-effective
9		energy efficiency measures to meet the following incremental
10		annual energy savings goals:
11		(1) 0.2% of energy delivered in the year commencing
12		June 1, 2008;
13		(2) 0.4% of energy delivered in the year commencing
14		June 1, 2009;
15		(3) 0.6% of energy delivered in the year commencing
16		June 1, 2010;
17		(4) 0.8% of energy delivered in the year commencing
18		June 1, 2011;
19		(5) 1% of energy delivered in the year commencing June
20		1, 2012;
21		(6) 1.4% of energy delivered in the year commencing
22		June 1, 2013;
23		(7) 1.8% of energy delivered in the year commencing
24		June 1, 2014; and
25		(8) 2% of energy delivered in the year commencing June
26		1, 2015 and each year thereafter.

SB3733 Engrossed - 1126 - LRB096 19592 AMC 34984 b
1		(c) Electric utilities shall implement cost-effective
2		demand-response measures to reduce peak demand by 0.1% over the
3		prior year for eligible retail customers, as defined in Section
4		16-111.5 of this Act, and for customers that elect hourly
5		service from the utility pursuant to Section 16-107 of this
6		Act, provided those customers have not been declared
7		competitive. This requirement commences June 1, 2008 and
8		continues for 10 years.
9		(d) Notwithstanding the requirements of subsections (b)
10		and (c) of this Section, an electric utility shall reduce the
11		amount of energy efficiency and demand-response measures
12		implemented in any single year by an amount necessary to limit
13		the estimated average increase in the amounts paid by retail
14		customers in connection with electric service due to the cost
15		of those measures to:
16		(1) in 2008, no more than 0.5% of the amount paid per
17		kilowatthour by those customers during the year ending May
18		31, 2007;
19		(2) in 2009, the greater of an additional 0.5% of the
20		amount paid per kilowatthour by those customers during the
21		year ending May 31, 2008 or 1% of the amount paid per
22		kilowatthour by those customers during the year ending May
23		31, 2007;
24		(3) in 2010, the greater of an additional 0.5% of the
25		amount paid per kilowatthour by those customers during the
26		year ending May 31, 2009 or 1.5% of the amount paid per

SB3733 Engrossed - 1127 - LRB096 19592 AMC 34984 b
1		kilowatthour by those customers during the year ending May
2		31, 2007;
3		(4) in 2011, the greater of an additional 0.5% of the
4		amount paid per kilowatthour by those customers during the
5		year ending May 31, 2010 or 2% of the amount paid per
6		kilowatthour by those customers during the year ending May
7		31, 2007; and
8		(5) thereafter, the amount of energy efficiency and
9		demand-response measures implemented for any single year
10		shall be reduced by an amount necessary to limit the
11		estimated average net increase due to the cost of these
12		measures included in the amounts paid by eligible retail
13		customers in connection with electric service to no more
14		than the greater of 2.015% of the amount paid per
15		kilowatthour by those customers during the year ending May
16		31, 2007 or the incremental amount per kilowatthour paid
17		for these measures in 2011.
18		No later than June 30, 2011, the Commission shall review
19		the limitation on the amount of energy efficiency and
20		demand-response measures implemented pursuant to this Section
21		and report to the General Assembly its findings as to whether
22		that limitation unduly constrains the procurement of energy
23		efficiency and demand-response measures.
24		(e) Electric utilities shall be responsible for overseeing
25		the design, development, and filing of energy efficiency and
26		demand-response plans with the Commission. Electric utilities

SB3733 Engrossed - 1128 - LRB096 19592 AMC 34984 b
1		shall implement 100% of the demand-response measures in the
2		plans. Electric utilities shall implement 75% of the energy
3		efficiency measures approved by the Commission, and may, as
4		part of that implementation, outsource various aspects of
5		program development and implementation. The remaining 25% of
6		those energy efficiency measures approved by the Commission
7		shall be implemented by the Department of Commerce and Economic
8		Opportunity, and must be designed in conjunction with the
9		utility and the filing process. The Department may outsource
10		development and implementation of energy efficiency measures.
11		A minimum of 10% of the entire portfolio of cost-effective
12		energy efficiency measures shall be procured from units of
13		local government, municipal corporations, school districts,
14		and community college districts. The Department shall
15		coordinate the implementation of these measures.
16		The apportionment of the dollars to cover the costs to
17		implement the Department's share of the portfolio of energy
18		efficiency measures shall be made to the Department once the
19		Department has executed grants or contracts for energy
20		efficiency measures and provided supporting documentation for
21		those grants and the contracts to the utility.
22		The details of the measures implemented by the Department
23		shall be submitted by the Department to the Commission in
24		connection with the utility's filing regarding the energy
25		efficiency and demand-response measures that the utility
26		implements.

SB3733 Engrossed - 1129 - LRB096 19592 AMC 34984 b
1		A utility providing approved energy efficiency and
2		demand-response measures in the State shall be permitted to
3		recover costs of those measures through an automatic adjustment
4		clause tariff filed with and approved by the Commission. The
5		tariff shall be established outside the context of a general
6		rate case. Each year the Commission shall initiate a review to
7		reconcile any amounts collected with the actual costs and to
8		determine the required adjustment to the annual tariff factor
9		to match annual expenditures.
10		Each utility shall include, in its recovery of costs, the
11		costs estimated for both the utility's and the Department's
12		implementation of energy efficiency and demand-response
13		measures. Costs collected by the utility for measures
14		implemented by the Department shall be submitted to the
15		Department pursuant to Section 605-323 of the Civil
16		Administrative Code of Illinois and shall be used by the
17		Department solely for the purpose of implementing these
18		measures. A utility shall not be required to advance any moneys
19		to the Department but only to forward such funds as it has
20		collected. The Department shall report to the Commission on an
21		annual basis regarding the costs actually incurred by the
22		Department in the implementation of the measures. Any changes
23		to the costs of energy efficiency measures as a result of plan
24		modifications shall be appropriately reflected in amounts
25		recovered by the utility and turned over to the Department.
26		The portfolio of measures, administered by both the

SB3733 Engrossed - 1130 - LRB096 19592 AMC 34984 b
1		utilities and the Department, shall, in combination, be
2		designed to achieve the annual savings targets described in
3		subsections (b) and (c) of this Section, as modified by
4		subsection (d) of this Section.
5		The utility and the Department shall agree upon a
6		reasonable portfolio of measures and determine the measurable
7		corresponding percentage of the savings goals associated with
8		measures implemented by the utility or Department.
9		No utility shall be assessed a penalty under subsection (f)
10		of this Section for failure to make a timely filing if that
11		failure is the result of a lack of agreement with the
12		Department with respect to the allocation of responsibilities
13		or related costs or target assignments. In that case, the
14		Department and the utility shall file their respective plans
15		with the Commission and the Commission shall determine an
16		appropriate division of measures and programs that meets the
17		requirements of this Section.
18		If the Department is unable to meet incremental annual
19		performance goals for the portion of the portfolio implemented
20		by the Department, then the utility and the Department shall
21		jointly submit a modified filing to the Commission explaining
22		the performance shortfall and recommending an appropriate
23		course going forward, including any program modifications that
24		may be appropriate in light of the evaluations conducted under
25		item (7) of subsection (f) of this Section. In this case, the
26		utility obligation to collect the Department's costs and turn

SB3733 Engrossed - 1131 - LRB096 19592 AMC 34984 b
1		over those funds to the Department under this subsection (e)
2		shall continue only if the Commission approves the
3		modifications to the plan proposed by the Department.
4		(f) No later than November 15, 2007, each electric utility
5		shall file an energy efficiency and demand-response plan with
6		the Commission to meet the energy efficiency and
7		demand-response standards for 2008 through 2010. Every 3 years
8		thereafter, each electric utility shall file, no later than
9		October 1, an energy efficiency and demand-response plan with
10		the Commission. If a utility does not file such a plan by
11		October 1 of an applicable year, it shall face a penalty of
12		$100,000 per day until the plan is filed. Each utility's plan
13		shall set forth the utility's proposals to meet the utility's
14		portion of the energy efficiency standards identified in
15		subsection (b) and the demand-response standards identified in
16		subsection (c) of this Section as modified by subsections (d)
17		and (e), taking into account the unique circumstances of the
18		utility's service territory. The Commission shall seek public
19		comment on the utility's plan and shall issue an order
20		approving or disapproving each plan within 3 months after its
21		submission. If the Commission disapproves a plan, the
22		Commission shall, within 30 days, describe in detail the
23		reasons for the disapproval and describe a path by which the
24		utility may file a revised draft of the plan to address the
25		Commission's concerns satisfactorily. If the utility does not
26		refile with the Commission within 60 days, the utility shall be

SB3733 Engrossed - 1132 - LRB096 19592 AMC 34984 b
1		subject to penalties at a rate of $100,000 per day until the
2		plan is filed. This process shall continue, and penalties shall
3		accrue, until the utility has successfully filed a portfolio of
4		energy efficiency and demand-response measures. Penalties
5		shall be deposited into the Energy Efficiency Trust Fund. In
6		submitting proposed energy efficiency and demand-response
7		plans and funding levels to meet the savings goals adopted by
8		this Act the utility shall:
9		(1) Demonstrate that its proposed energy efficiency
10		and demand-response measures will achieve the requirements
11		that are identified in subsections (b) and (c) of this
12		Section, as modified by subsections (d) and (e).
13		(2) Present specific proposals to implement new
14		building and appliance standards that have been placed into
15		effect.
16		(3) Present estimates of the total amount paid for
17		electric service expressed on a per kilowatthour basis
18		associated with the proposed portfolio of measures
19		designed to meet the requirements that are identified in
20		subsections (b) and (c) of this Section, as modified by
21		subsections (d) and (e).
22		(4) Coordinate with the Department to present a
23		portfolio of energy efficiency measures proportionate to
24		the share of total annual utility revenues in Illinois from
25		households at or below 150% of the poverty level. The
26		energy efficiency programs shall be targeted to households

SB3733 Engrossed - 1133 - LRB096 19592 AMC 34984 b
1		with incomes at or below 80% of area median income.
2		(5) Demonstrate that its overall portfolio of energy
3		efficiency and demand-response measures, not including
4		programs covered by item (4) of this subsection (f), are
5		cost-effective using the total resource cost test and
6		represent a diverse cross-section of opportunities for
7		customers of all rate classes to participate in the
8		programs.
9		(6) Include a proposed cost-recovery tariff mechanism
10		to fund the proposed energy efficiency and demand-response
11		measures and to ensure the recovery of the prudently and
12		reasonably incurred costs of Commission-approved programs.
13		(7) Provide for an annual independent evaluation of the
14		performance of the cost-effectiveness of the utility's
15		portfolio of measures and the Department's portfolio of
16		measures, as well as a full review of the 3-year results of
17		the broader net program impacts and, to the extent
18		practical, for adjustment of the measures on a
19		going-forward basis as a result of the evaluations. The
20		resources dedicated to evaluation shall not exceed 3% of
21		portfolio resources in any given year.
22		(g) No more than 3% of energy efficiency and
23		demand-response program revenue may be allocated for
24		demonstration of breakthrough equipment and devices.
25		(h) This Section does not apply to an electric utility that
26		on December 31, 2005 provided electric service to fewer than

SB3733 Engrossed - 1134 - LRB096 19592 AMC 34984 b
1		100,000 customers in Illinois.
2		(i) If, after 2 years, an electric utility fails to meet
3		the efficiency standard specified in subsection (b) of this
4		Section, as modified by subsections (d) and (e), it shall make
5		a contribution to the Low-Income Home Energy Assistance
6		Program. The combined total liability for failure to meet the
7		goal shall be $1,000,000, which shall be assessed as follows: a
8		large electric utility shall pay $665,000, and a medium
9		electric utility shall pay $335,000. If, after 3 years, an
10		electric utility fails to meet the efficiency standard
11		specified in subsection (b) of this Section, as modified by
12		subsections (d) and (e), it shall make a contribution to the
13		Low-Income Home Energy Assistance Program. The combined total
14		liability for failure to meet the goal shall be $1,000,000,
15		which shall be assessed as follows: a large electric utility
16		shall pay $665,000, and a medium electric utility shall pay
17		$335,000. In addition, the responsibility for implementing the
18		energy efficiency measures of the utility making the payment
19		shall be transferred to the Illinois Power Agency if, after 3
20		years, or in any subsequent 3-year period, the utility fails to
21		meet the efficiency standard specified in subsection (b) of
22		this Section, as modified by subsections (d) and (e). The
23		Agency shall implement a competitive procurement program to
24		procure resources necessary to meet the standards specified in
25		this Section as modified by subsections (d) and (e), with costs
26		for those resources to be recovered in the same manner as

SB3733 Engrossed - 1135 - LRB096 19592 AMC 34984 b
1		products purchased through the procurement plan as provided in
2		Section 16-111.5. The Director shall implement this
3		requirement in connection with the procurement plan as provided
4		in Section 16-111.5.
5		For purposes of this Section, (i) a "large electric
6		utility" is an electric utility that, on December 31, 2005,
7		served more than 2,000,000 electric customers in Illinois; (ii)
8		a "medium electric utility" is an electric utility that, on
9		December 31, 2005, served 2,000,000 or fewer but more than
10		100,000 electric customers in Illinois; and (iii) Illinois
11		electric utilities that are affiliated by virtue of a common
12		parent company are considered a single electric utility.
13		(j) If, after 3 years, or any subsequent 3-year period, the
14		Department fails to implement the Department's share of energy
15		efficiency measures required by the standards in subsection
16		(b), then the Illinois Power Agency may assume responsibility
17		for and control of the Department's share of the required
18		energy efficiency measures. The Agency shall implement a
19		competitive procurement program to procure resources necessary
20		to meet the standards specified in this Section, with the costs
21		of these resources to be recovered in the same manner as
22		provided for the Department in this Section.
23		(k) No electric utility shall be deemed to have failed to
24		meet the energy efficiency standards to the extent any such
25		failure is due to a failure of the Department or the Agency.
26		(Source: P.A. 95-481, eff. 8-28-07; 95-876, eff. 8-21-08;

SB3733 Engrossed - 1136 - LRB096 19592 AMC 34984 b
1		96-33, eff. 7-10-09; 96-159, eff. 8-10-09; revised 9-15-09.)
2		(220 ILCS 5/16-111.8)
3		Sec. 16-111.8. Automatic adjustment clause tariff;
4		uncollectibles.
5		(a) An electric utility shall be permitted, at its
6		election, to recover through an automatic adjustment clause
7		tariff the incremental difference between its actual
8		uncollectible amount as set forth in Account 904 in the
9		utility's most recent annual FERC Form 1 and the uncollectible
10		amount included in the utility's rates for the period reported
11		in such annual FERC Form 1. The Commission may, in a proceeding
12		to review a general rate case filed subsequent to the effective
13		date of the tariff established under this Section,
14		prospectively switch from using the actual uncollectible
15		amount set forth in Account 904 to using net write-offs in such
16		tariff, but only if net write-offs are also used to determine
17		the utility's uncollectible amount in rates. In the event the
18		Commission requires such a change, it shall be made effective
19		at the beginning of the first full calendar year after the new
20		rates approved in such proceeding are first placed in effect
21		and an adjustment shall be made, if necessary, to ensure the
22		change does not result in double-recovery or unrecovered
23		uncollectible amounts for any year. For purposes of this
24		Section, "uncollectible amount" means the expense set forth in
25		Account 904 of the utility's FERC Form 1 or cost of net

SB3733 Engrossed - 1137 - LRB096 19592 AMC 34984 b
1		write-offs as appropriate. In the event the utility's rates
2		change during the period of time reported in its most recent
3		annual FERC Form 1, the uncollectible amount included in the
4		utility's rates during such period of time for purposes of this
5		Section will be a weighted average, based on revenues earned
6		during such period by the utility under each set of rates, of
7		the uncollectible amount included in the utility's rates at the
8		beginning of such period and at the end of such period. This
9		difference may either be a charge or a credit to customers
10		depending on whether the uncollectible amount is more or less
11		than the uncollectible amount then included in the utility's
12		rates.
13		(b) The tariff may be established outside the context of a
14		general rate case filing and shall specify the terms of any
15		applicable audit. The Commission shall review and by order
16		approve, or approve as modified, the proposed tariff within 180
17		days after the date on which it is filed. Charges and credits
18		under the tariff shall be allocated to the appropriate customer
19		class or classes. In addition, customers who purchase their
20		electric supply from an alternative retail electric supplier
21		shall not be charged by the utility for uncollectible amounts
22		associated with electric supply provided by the utility to the
23		utility's customers, provided that nothing in this Section is
24		intended to affect or alter the rights and obligations imposed
25		pursuant to Section 16-118 of this Act and any Commission order
26		issued thereunder. Upon approval of the tariff, the utility

SB3733 Engrossed - 1138 - LRB096 19592 AMC 34984 b
1		shall, based on the 2008 FERC Form 1, apply the appropriate
2		credit or charge based on the full year 2008 amounts for the
3		remainder of the 2010 calendar year. Starting with the 2009
4		FERC Form 1 reporting period and each subsequent period, the
5		utility shall apply the appropriate credit or charge over a
6		12-month period beginning with the June billing period and
7		ending with the May billing period, with the first such billing
8		period beginning June 2010.
9		(c) The approved tariff shall provide that the utility
10		shall file a petition with the Commission annually, no later
11		than August 31st, seeking initiation of an annual review to
12		reconcile all amounts collected with the actual uncollectible
13		amount in the prior period. As part of its review, the
14		Commission shall verify that the utility collects no more and
15		no less than its actual uncollectible amount in each applicable
16		FERC Form 1 reporting period. The Commission shall review the
17		prudence and reasonableness of the utility's actions to pursue
18		minimization and collection of uncollectibles which shall
19		include, at a minimum, the 6 enumerated criteria set forth in
20		this Section. The Commission shall determine any required
21		adjustments and may include suggestions for prospective
22		changes in current practices. Nothing in this Section or the
23		implementing tariffs shall affect or alter the electric
24		utility's existing obligation to pursue collection of
25		uncollectibles or the electric utility's right to disconnect
26		service. A utility that has in effect a tariff authorized by

SB3733 Engrossed - 1139 - LRB096 19592 AMC 34984 b
1		this Section shall pursue minimization of and collection of
2		uncollectibles through the following activities, including,
3		but not limited to:
4		(1) identifying customers with late payments;
5		(2) contacting the customers in an effort to obtain
6		payment;
7		(3) providing delinquent customers with information
8		about possible options, including payment plans and
9		assistance programs;
10		(4) serving disconnection notices;
11		(5) implementing disconnections based on the level of
12		uncollectibles; and
13		(6) pursuing collection activities based on the level
14		of uncollectibles.
15		(d) Nothing in this Section shall be construed to require a
16		utility to immediately disconnect service for nonpayment.
17		(Source: P.A. 96-33, eff. 7-10-09.)
18		(220 ILCS 5/16-111.9)
19		Sec. 16-111.9 16-111.8. Rate relief; electricity
20		suppliers. On and after August 14, 2009 (the effective date of
21		Public Act 96-533) this amendatory Act of the 96th General
22		Assembly, any electric utility providing rate relief pursuant
23		to Section 16-111.5A of this Act shall not deem any residential
24		or non-residential customer to be ineligible to receive that
25		relief solely based upon that customer's purchase of

SB3733 Engrossed - 1140 - LRB096 19592 AMC 34984 b
1		electricity from a supplier other than that electric utility at
2		the time the rate relief is to be credited to that customer.
3		Nothing in this Section shall entitle customers of an electric
4		utility that had been previously deemed ineligible prior to
5		August 14, 2009 (the effective date of Public Act 96-533) this
6		amendatory Act of the 96th General Assembly to become eligible
7		for rate relief credits.
8		(Source: P.A. 96-533, eff. 8-14-09; revised 9-15-09.)
9		(220 ILCS 5/19-105)
10		Sec. 19-105. Definitions. For the purposes of this Article,
11		the following terms shall be defined as set forth in this
12		Section.
13		"Alternative gas supplier" means every person,
14		cooperative, corporation, municipal corporation, company,
15		association, joint stock company or association, firm,
16		partnership, individual, or other entity, their lessees,
17		trustees, or receivers appointed by any court whatsoever, that
18		offers gas for sale, lease, or in exchange for other value
19		received to one or more customers, or that engages in the
20		furnishing of gas to one or more customers, and shall include
21		affiliated interests of a gas utility, resellers, aggregators
22		and marketers, but shall not include (i) gas utilities (or any
23		agent of the gas utility to the extent the gas utility provides
24		tariffed services to customers through an agent); (ii) public
25		utilities that are owned and operated by any political

SB3733 Engrossed - 1141 - LRB096 19592 AMC 34984 b
1		subdivision, public institution of higher education or
2		municipal corporation of this State, or public utilities that
3		are owned by a political subdivision, public institution of
4		higher education, or municipal corporation and operated by any
5		of its lessees or operating agents; (iii) natural gas
6		cooperatives that are not-for-profit corporations operated for
7		the purpose of administering, on a cooperative basis, the
8		furnishing of natural gas for the benefit of their members who
9		are consumers of natural gas; and (iv) the ownership or
10		operation of a facility that sells compressed natural gas at
11		retail to the public for use only as a motor vehicle fuel and
12		the selling of compressed natural gas at retail to the public
13		for use only as a motor vehicle fuel.
14		"Gas utility" means a public utility, as defined in Section
15		3-105 of this Act, that has a franchise, license, permit, or
16		right to furnish or sell gas or transportation services to
17		customers within a service area.
18		"Residential customer" means a customer who receives gas
19		utility service for household purposes distributed to a
20		dwelling of 2 or fewer units which is billed under a
21		residential rate or gas utility service for household purposes
22		distributed to a dwelling unit or units which is billed under a
23		residential rate and is registered by a separate meter for each
24		dwelling unit.
25		"Sales agent" means any employee, agent, independent
26		contractor, consultant, or other person that is engaged by the

SB3733 Engrossed - 1142 - LRB096 19592 AMC 34984 b
1		alternative gas supplier to solicit customers to purchase,
2		enroll in, or contract for alternative gas service on behalf of
3		an alternative gas supplier.
4		"Service area" means (i) the geographic area within which a
5		gas utility was lawfully entitled to provide gas to customers
6		as of the effective date of this amendatory Act of the 92nd
7		General Assembly and includes (ii) the location of any customer
8		to which the gas utility was lawfully providing gas utility
9		services on such effective date.
10		"Single billing" means the combined billing of the services
11		provided by both a natural gas utility and an alternative gas
12		supplier to any customer who has enrolled in a customer choice
13		program.
14		"Small commercial customer" means a nonresidential retail
15		customer of a natural gas utility who consumed 5,000 or fewer
16		therms of natural gas during the previous year; provided that
17		any alternative gas supplier may remove the customer from
18		designation as a "small commercial customer" if the customer
19		consumes more than 5,000 therms of natural gas in any calendar
20		year after becoming a customer of the alternative gas supplier.
21		In determining whether a customer has consumed 5,000 or fewer
22		therms of natural gas during the previous year, usage by the
23		same commercial customer shall be aggregated to include usage
24		at the same premises even if measured by more than one meter,
25		and to include usage at multiple premises. Nothing in this
26		Section creates an affirmative obligation on a gas utility to

SB3733 Engrossed - 1143 - LRB096 19592 AMC 34984 b
1		monitor or inform customers or alternative gas suppliers as to
2		a customer's status as a small commercial customer as that term
3		is defined herein. Nothing in this Section relieves a gas
4		utility from any obligation to provide information upon request
5		to a customer, alternative gas supplier, the Commission, or
6		others necessary to determine whether a customer meets the
7		classification of small commercial customers as that term is
8		defined herein.
9		"Tariffed service" means a service provided to customers by
10		a gas utility as defined by its rates on file with the
11		Commission pursuant to the provisions of Article IX of this
12		Act.
13		"Transportation services" means those services provided by
14		the gas utility that are necessary in order for the storage,
15		transmission and distribution systems to function so that
16		customers located in the gas utility's service area can receive
17		gas from suppliers other than the gas utility and shall
18		include, without limitation, standard metering and billing
19		services.
20		(Source: P.A. 95-1051, eff. 4-10-09; 96-435, eff. 1-1-10;
21		revised 9-4-09.)
22		(220 ILCS 5/19-112)
23		Sec. 19-112. Managerial resources.
24		(a) An alternative gas supplier must maintain sufficient
25		managerial resources and abilities to provide the service for

SB3733 Engrossed - 1144 - LRB096 19592 AMC 34984 b
1		which it has a certificate of service authority. In determining
2		the level of managerial resources and abilities that the
3		alternative gas supplier must demonstrate, the Commission
4		shall consider, in addition to the requirements in Section
5		19-110(e)(1), the following:
6		(1) complaints to the Commission by consumers
7		regarding the alternative gas supplier, including those
8		that reflect on the alternative gas supplier's ability to
9		properly manage solicitation and authorization; and
10		(2) the alternative gas supplier's involvement in the
11		Commission's consumer complaint process, including the
12		resources the alternative gas supplier dedicates to the
13		process and the alternative gas supplier's ability to
14		manage the issues raised by complaints, and the resolutions
15		of the complaints.
16		(b) The provisions of this Section shall apply only to
17		alternative gas suppliers serving or seeking to serve
18		residential or small commercial customers and only to the
19		extent such alternative gas suppliers provide services to
20		residential or small commercial customers, unless otherwise
21		noted.
22		(Source: P.A. 95-1051, eff. 4-10-09; revised 4-17-09.)
23		Section 420. The Illinois Dental Practice Act is amended by
24		changing Section 9 as follows:

SB3733 Engrossed - 1145 - LRB096 19592 AMC 34984 b
1		(225 ILCS 25/9) (from Ch. 111, par. 2309)
2		(Section scheduled to be repealed on January 1, 2016)
3		Sec. 9. Qualifications of Applicants for Dental Licenses.
4		The Department shall require that each applicant for a license
5		to practice dentistry shall:
6		(a) (Blank).
7		(b) Be at least 21 years of age and of good moral
8		character.
9		(c) (1) Present satisfactory evidence of completion of
10		dental education by graduation from a dental college or
11		school in the United States or Canada approved by the
12		Department. The Department shall not approve any dental
13		college or school which does not require at least (A) 60
14		semester hours of collegiate credit or the equivalent in
15		acceptable subjects from a college or university before
16		admission, and (B) completion of at least 4 academic years
17		of instruction or the equivalent in an approved dental
18		college or school before graduation; or
19		(2) Present satisfactory evidence of completion of
20		dental education by graduation from a dental college or
21		school outside the United States or Canada and provide
22		satisfactory evidence that:
23		(A) (blank);
24		(B) the applicant has completed a minimum of 2
25		academic years of general dental clinical training at a
26		dental college or school in the United States or Canada

SB3733 Engrossed - 1146 - LRB096 19592 AMC 34984 b
1		approved by the Department, however, an accredited
2		advanced dental education program approved by the
3		Department of no less than 2 years may be substituted
4		for the 2 academic years of general dental clinical
5		training and an applicant who was enrolled for not less
6		than one year in an approved clinical program prior to
7		January 1, 1993 at an Illinois dental college or school
8		shall be required to complete only that program; and
9		(C) the applicant has received certification from
10		the dean of an approved dental college or school in the
11		United States or Canada or the program director of an
12		approved advanced dental education program stating
13		that the applicant has achieved the same level of
14		scientific knowledge and clinical competence as
15		required of all graduates of the college, school, or
16		advanced dental education program.
17		Nothing in this Act shall be construed to prevent
18		either the Department or any dental college or school from
19		establishing higher standards than specified in this Act.
20		(d) (Blank). In determining professional capacity
21		under this Section, any individual who has not been
22		actively engaged in the practice of dentistry, has not been
23		a dental student, or has not been engaged in a formal
24		program of dental education during the 5 years immediately
25		preceding the filing of an application may be required to
26		complete such additional testing, training, or remedial

SB3733 Engrossed - 1147 - LRB096 19592 AMC 34984 b
1		education as the Board may deem necessary in order to
2		establish the applicant's present capacity to practice
3		dentistry with reasonable judgment, skill, and safety.
4		(e) Present satisfactory evidence that the applicant
5		has passed both parts of the National Board Dental
6		Examination administered by the Joint Commission on
7		National Dental Examinations and has successfully
8		completed an examination conducted by one of the following
9		regional testing services: the Central Regional Dental
10		Testing Service, Inc. (CRDTS), the Southern Regional
11		Testing Agency, Inc. (SRTA), the Western Regional
12		Examining Board (WREB), or the North East Regional Board
13		(NERB). For purposes of this Section, successful
14		completion shall mean that the applicant has achieved a
15		minimum passing score as determined by the applicable
16		regional testing service. (f) The Secretary of the
17		Department may suspend a regional testing service under
18		this subsection (e) of this Section if, after proper notice
19		and hearing, it is established that (i) the integrity of
20		the examination has been breached so as to make future test
21		results unreliable or (ii) the test is fundamentally
22		deficient in testing clinical competency.
23		In determining professional capacity under this Section,
24		any individual who has not been actively engaged in the
25		practice of dentistry, has not been a dental student, or has
26		not been engaged in a formal program of dental education during

SB3733 Engrossed - 1148 - LRB096 19592 AMC 34984 b
1		the 5 years immediately preceding the filing of an application
2		may be required to complete such additional testing, training,
3		or remedial education as the Board may deem necessary in order
4		to establish the applicant's present capacity to practice
5		dentistry with reasonable judgment, skill, and safety.
6		(Source: P.A. 96-14, eff. 6-19-09; revised 11-3-09.)
7		Section 425. The Medical Practice Act of 1987 is amended by
8		changing Section 22 as follows:
9		(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
10		(Section scheduled to be repealed on December 31, 2010)
11		Sec. 22. Disciplinary action.
12		(A) The Department may revoke, suspend, place on
13		probationary status, refuse to renew, or take any other
14		disciplinary action as the Department may deem proper with
15		regard to the license or visiting professor permit of any
16		person issued under this Act to practice medicine, or to treat
17		human ailments without the use of drugs and without operative
18		surgery upon any of the following grounds:
19		(1) Performance of an elective abortion in any place,
20		locale, facility, or institution other than:
21		(a) a facility licensed pursuant to the Ambulatory
22		Surgical Treatment Center Act;
23		(b) an institution licensed under the Hospital
24		Licensing Act; or

SB3733 Engrossed - 1149 - LRB096 19592 AMC 34984 b
1		(c) an ambulatory surgical treatment center or
2		hospitalization or care facility maintained by the
3		State or any agency thereof, where such department or
4		agency has authority under law to establish and enforce
5		standards for the ambulatory surgical treatment
6		centers, hospitalization, or care facilities under its
7		management and control; or
8		(d) ambulatory surgical treatment centers,
9		hospitalization or care facilities maintained by the
10		Federal Government; or
11		(e) ambulatory surgical treatment centers,
12		hospitalization or care facilities maintained by any
13		university or college established under the laws of
14		this State and supported principally by public funds
15		raised by taxation.
16		(2) Performance of an abortion procedure in a wilful
17		and wanton manner on a woman who was not pregnant at the
18		time the abortion procedure was performed.
19		(3) The conviction of a felony in this or any other
20		jurisdiction, except as otherwise provided in subsection B
21		of this Section, whether or not related to practice under
22		this Act, or the entry of a guilty or nolo contendere plea
23		to a felony charge.
24		(4) Gross negligence in practice under this Act.
25		(5) Engaging in dishonorable, unethical or
26		unprofessional conduct of a character likely to deceive,

SB3733 Engrossed - 1150 - LRB096 19592 AMC 34984 b
1		defraud or harm the public.
2		(6) Obtaining any fee by fraud, deceit, or
3		misrepresentation.
4		(7) Habitual or excessive use or abuse of drugs defined
5		in law as controlled substances, of alcohol, or of any
6		other substances which results in the inability to practice
7		with reasonable judgment, skill or safety.
8		(8) Practicing under a false or, except as provided by
9		law, an assumed name.
10		(9) Fraud or misrepresentation in applying for, or
11		procuring, a license under this Act or in connection with
12		applying for renewal of a license under this Act.
13		(10) Making a false or misleading statement regarding
14		their skill or the efficacy or value of the medicine,
15		treatment, or remedy prescribed by them at their direction
16		in the treatment of any disease or other condition of the
17		body or mind.
18		(11) Allowing another person or organization to use
19		their license, procured under this Act, to practice.
20		(12) Disciplinary action of another state or
21		jurisdiction against a license or other authorization to
22		practice as a medical doctor, doctor of osteopathy, doctor
23		of osteopathic medicine or doctor of chiropractic, a
24		certified copy of the record of the action taken by the
25		other state or jurisdiction being prima facie evidence
26		thereof.

SB3733 Engrossed - 1151 - LRB096 19592 AMC 34984 b
1		(13) Violation of any provision of this Act or of the
2		Medical Practice Act prior to the repeal of that Act, or
3		violation of the rules, or a final administrative action of
4		the Secretary, after consideration of the recommendation
5		of the Disciplinary Board.
6		(14) Violation of the prohibition against fee
7		splitting in Section 22.2 of this Act.
8		(15) A finding by the Medical Disciplinary Board that
9		the registrant after having his or her license placed on
10		probationary status or subjected to conditions or
11		restrictions violated the terms of the probation or failed
12		to comply with such terms or conditions.
13		(16) Abandonment of a patient.
14		(17) Prescribing, selling, administering,
15		distributing, giving or self-administering any drug
16		classified as a controlled substance (designated product)
17		or narcotic for other than medically accepted therapeutic
18		purposes.
19		(18) Promotion of the sale of drugs, devices,
20		appliances or goods provided for a patient in such manner
21		as to exploit the patient for financial gain of the
22		physician.
23		(19) Offering, undertaking or agreeing to cure or treat
24		disease by a secret method, procedure, treatment or
25		medicine, or the treating, operating or prescribing for any
26		human condition by a method, means or procedure which the

SB3733 Engrossed - 1152 - LRB096 19592 AMC 34984 b
1		licensee refuses to divulge upon demand of the Department.
2		(20) Immoral conduct in the commission of any act
3		including, but not limited to, commission of an act of
4		sexual misconduct related to the licensee's practice.
5		(21) Wilfully making or filing false records or reports
6		in his or her practice as a physician, including, but not
7		limited to, false records to support claims against the
8		medical assistance program of the Department of Healthcare
9		and Family Services (formerly Department of Public Aid)
10		under the Illinois Public Aid Code.
11		(22) Wilful omission to file or record, or wilfully
12		impeding the filing or recording, or inducing another
13		person to omit to file or record, medical reports as
14		required by law, or wilfully failing to report an instance
15		of suspected abuse or neglect as required by law.
16		(23) Being named as a perpetrator in an indicated
17		report by the Department of Children and Family Services
18		under the Abused and Neglected Child Reporting Act, and
19		upon proof by clear and convincing evidence that the
20		licensee has caused a child to be an abused child or
21		neglected child as defined in the Abused and Neglected
22		Child Reporting Act.
23		(24) Solicitation of professional patronage by any
24		corporation, agents or persons, or profiting from those
25		representing themselves to be agents of the licensee.
26		(25) Gross and wilful and continued overcharging for

SB3733 Engrossed - 1153 - LRB096 19592 AMC 34984 b
1		professional services, including filing false statements
2		for collection of fees for which services are not rendered,
3		including, but not limited to, filing such false statements
4		for collection of monies for services not rendered from the
5		medical assistance program of the Department of Healthcare
6		and Family Services (formerly Department of Public Aid)
7		under the Illinois Public Aid Code.
8		(26) A pattern of practice or other behavior which
9		demonstrates incapacity or incompetence to practice under
10		this Act.
11		(27) Mental illness or disability which results in the
12		inability to practice under this Act with reasonable
13		judgment, skill or safety.
14		(28) Physical illness, including, but not limited to,
15		deterioration through the aging process, or loss of motor
16		skill which results in a physician's inability to practice
17		under this Act with reasonable judgment, skill or safety.
18		(29) Cheating on or attempt to subvert the licensing
19		examinations administered under this Act.
20		(30) Wilfully or negligently violating the
21		confidentiality between physician and patient except as
22		required by law.
23		(31) The use of any false, fraudulent, or deceptive
24		statement in any document connected with practice under
25		this Act.
26		(32) Aiding and abetting an individual not licensed

SB3733 Engrossed - 1154 - LRB096 19592 AMC 34984 b
1		under this Act in the practice of a profession licensed
2		under this Act.
3		(33) Violating state or federal laws or regulations
4		relating to controlled substances, legend drugs, or
5		ephedra, as defined in the Ephedra Prohibition Act.
6		(34) Failure to report to the Department any adverse
7		final action taken against them by another licensing
8		jurisdiction (any other state or any territory of the
9		United States or any foreign state or country), by any peer
10		review body, by any health care institution, by any
11		professional society or association related to practice
12		under this Act, by any governmental agency, by any law
13		enforcement agency, or by any court for acts or conduct
14		similar to acts or conduct which would constitute grounds
15		for action as defined in this Section.
16		(35) Failure to report to the Department surrender of a
17		license or authorization to practice as a medical doctor, a
18		doctor of osteopathy, a doctor of osteopathic medicine, or
19		doctor of chiropractic in another state or jurisdiction, or
20		surrender of membership on any medical staff or in any
21		medical or professional association or society, while
22		under disciplinary investigation by any of those
23		authorities or bodies, for acts or conduct similar to acts
24		or conduct which would constitute grounds for action as
25		defined in this Section.
26		(36) Failure to report to the Department any adverse

SB3733 Engrossed - 1155 - LRB096 19592 AMC 34984 b
1		judgment, settlement, or award arising from a liability
2		claim related to acts or conduct similar to acts or conduct
3		which would constitute grounds for action as defined in
4		this Section.
5		(37) Failure to provide copies of medical records as
6		required by law.
7		(38) Failure to furnish the Department, its
8		investigators or representatives, relevant information,
9		legally requested by the Department after consultation
10		with the Chief Medical Coordinator or the Deputy Medical
11		Coordinator.
12		(39) Violating the Health Care Worker Self-Referral
13		Act.
14		(40) Willful failure to provide notice when notice is
15		required under the Parental Notice of Abortion Act of 1995.
16		(41) Failure to establish and maintain records of
17		patient care and treatment as required by this law.
18		(42) Entering into an excessive number of written
19		collaborative agreements with licensed advanced practice
20		nurses resulting in an inability to adequately
21		collaborate.
22		(43) Repeated failure to adequately collaborate with a
23		licensed advanced practice nurse.
24		Except for actions involving the ground numbered (26), all
25		proceedings to suspend, revoke, place on probationary status,
26		or take any other disciplinary action as the Department may

SB3733 Engrossed - 1156 - LRB096 19592 AMC 34984 b
1		deem proper, with regard to a license on any of the foregoing
2		grounds, must be commenced within 5 years next after receipt by
3		the Department of a complaint alleging the commission of or
4		notice of the conviction order for any of the acts described
5		herein. Except for the grounds numbered (8), (9), (26), and
6		(29), no action shall be commenced more than 10 years after the
7		date of the incident or act alleged to have violated this
8		Section. For actions involving the ground numbered (26), a
9		pattern of practice or other behavior includes all incidents
10		alleged to be part of the pattern of practice or other behavior
11		that occurred or a report pursuant to Section 23 of this Act
12		received within the 10-year period preceding the filing of the
13		complaint. In the event of the settlement of any claim or cause
14		of action in favor of the claimant or the reduction to final
15		judgment of any civil action in favor of the plaintiff, such
16		claim, cause of action or civil action being grounded on the
17		allegation that a person licensed under this Act was negligent
18		in providing care, the Department shall have an additional
19		period of 2 years from the date of notification to the
20		Department under Section 23 of this Act of such settlement or
21		final judgment in which to investigate and commence formal
22		disciplinary proceedings under Section 36 of this Act, except
23		as otherwise provided by law. The time during which the holder
24		of the license was outside the State of Illinois shall not be
25		included within any period of time limiting the commencement of
26		disciplinary action by the Department.

SB3733 Engrossed - 1157 - LRB096 19592 AMC 34984 b
1		The entry of an order or judgment by any circuit court
2		establishing that any person holding a license under this Act
3		is a person in need of mental treatment operates as a
4		suspension of that license. That person may resume their
5		practice only upon the entry of a Departmental order based upon
6		a finding by the Medical Disciplinary Board that they have been
7		determined to be recovered from mental illness by the court and
8		upon the Disciplinary Board's recommendation that they be
9		permitted to resume their practice.
10		The Department may refuse to issue or take disciplinary
11		action concerning the license of any person who fails to file a
12		return, or to pay the tax, penalty or interest shown in a filed
13		return, or to pay any final assessment of tax, penalty or
14		interest, as required by any tax Act administered by the
15		Illinois Department of Revenue, until such time as the
16		requirements of any such tax Act are satisfied as determined by
17		the Illinois Department of Revenue.
18		The Department, upon the recommendation of the
19		Disciplinary Board, shall adopt rules which set forth standards
20		to be used in determining:
21		(a) when a person will be deemed sufficiently
22		rehabilitated to warrant the public trust;
23		(b) what constitutes dishonorable, unethical or
24		unprofessional conduct of a character likely to deceive,
25		defraud, or harm the public;
26		(c) what constitutes immoral conduct in the commission

SB3733 Engrossed - 1158 - LRB096 19592 AMC 34984 b
1		of any act, including, but not limited to, commission of an
2		act of sexual misconduct related to the licensee's
3		practice; and
4		(d) what constitutes gross negligence in the practice
5		of medicine.
6		However, no such rule shall be admissible into evidence in
7		any civil action except for review of a licensing or other
8		disciplinary action under this Act.
9		In enforcing this Section, the Medical Disciplinary Board,
10		upon a showing of a possible violation, may compel any
11		individual licensed to practice under this Act, or who has
12		applied for licensure or a permit pursuant to this Act, to
13		submit to a mental or physical examination, or both, as
14		required by and at the expense of the Department. The examining
15		physician or physicians shall be those specifically designated
16		by the Disciplinary Board. The Medical Disciplinary Board or
17		the Department may order the examining physician to present
18		testimony concerning this mental or physical examination of the
19		licensee or applicant. No information shall be excluded by
20		reason of any common law or statutory privilege relating to
21		communication between the licensee or applicant and the
22		examining physician. The individual to be examined may have, at
23		his or her own expense, another physician of his or her choice
24		present during all aspects of the examination. Failure of any
25		individual to submit to mental or physical examination, when
26		directed, shall be grounds for suspension of his or her license

SB3733 Engrossed - 1159 - LRB096 19592 AMC 34984 b
1		until such time as the individual submits to the examination if
2		the Disciplinary Board finds, after notice and hearing, that
3		the refusal to submit to the examination was without reasonable
4		cause. If the Disciplinary Board finds a physician unable to
5		practice because of the reasons set forth in this Section, the
6		Disciplinary Board shall require such physician to submit to
7		care, counseling, or treatment by physicians approved or
8		designated by the Disciplinary Board, as a condition for
9		continued, reinstated, or renewed licensure to practice. Any
10		physician, whose license was granted pursuant to Sections 9,
11		17, or 19 of this Act, or, continued, reinstated, renewed,
12		disciplined or supervised, subject to such terms, conditions or
13		restrictions who shall fail to comply with such terms,
14		conditions or restrictions, or to complete a required program
15		of care, counseling, or treatment, as determined by the Chief
16		Medical Coordinator or Deputy Medical Coordinators, shall be
17		referred to the Secretary for a determination as to whether the
18		licensee shall have their license suspended immediately,
19		pending a hearing by the Disciplinary Board. In instances in
20		which the Secretary immediately suspends a license under this
21		Section, a hearing upon such person's license must be convened
22		by the Disciplinary Board within 15 days after such suspension
23		and completed without appreciable delay. The Disciplinary
24		Board shall have the authority to review the subject
25		physician's record of treatment and counseling regarding the
26		impairment, to the extent permitted by applicable federal

SB3733 Engrossed - 1160 - LRB096 19592 AMC 34984 b
1		statutes and regulations safeguarding the confidentiality of
2		medical records.
3		An individual licensed under this Act, affected under this
4		Section, shall be afforded an opportunity to demonstrate to the
5		Disciplinary Board that they can resume practice in compliance
6		with acceptable and prevailing standards under the provisions
7		of their license.
8		The Department may promulgate rules for the imposition of
9		fines in disciplinary cases, not to exceed $10,000 for each
10		violation of this Act. Fines may be imposed in conjunction with
11		other forms of disciplinary action, but shall not be the
12		exclusive disposition of any disciplinary action arising out of
13		conduct resulting in death or injury to a patient. Any funds
14		collected from such fines shall be deposited in the Medical
15		Disciplinary Fund.
16		(B) The Department shall revoke the license or visiting
17		permit of any person issued under this Act to practice medicine
18		or to treat human ailments without the use of drugs and without
19		operative surgery, who has been convicted a second time of
20		committing any felony under the Illinois Controlled Substances
21		Act or the Methamphetamine Control and Community Protection
22		Act, or who has been convicted a second time of committing a
23		Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
24		Public Aid Code. A person whose license or visiting permit is
25		revoked under this subsection B of Section 22 of this Act shall
26		be prohibited from practicing medicine or treating human

SB3733 Engrossed - 1161 - LRB096 19592 AMC 34984 b
1		ailments without the use of drugs and without operative
2		surgery.
3		(C) The Medical Disciplinary Board shall recommend to the
4		Department civil penalties and any other appropriate
5		discipline in disciplinary cases when the Board finds that a
6		physician willfully performed an abortion with actual
7		knowledge that the person upon whom the abortion has been
8		performed is a minor or an incompetent person without notice as
9		required under the Parental Notice of Abortion Act of 1995.
10		Upon the Board's recommendation, the Department shall impose,
11		for the first violation, a civil penalty of $1,000 and for a
12		second or subsequent violation, a civil penalty of $5,000.
13		(Source: P.A. 95-331, eff. 8-21-07; 96-608, eff. 8-24-09;
14		revised 11-3-09.)
15		Section 430. The Nurse Practice Act is amended by changing
16		Section 50-15 as follows:
17		(225 ILCS 65/50-15) (was 225 ILCS 65/5-15)
18		(Section scheduled to be repealed on January 1, 2018)
19		Sec. 50-15. Policy; application of Act.
20		(a) For the protection of life and the promotion of health,
21		and the prevention of illness and communicable diseases, any
22		person practicing or offering to practice advanced,
23		professional, or practical nursing in Illinois shall submit
24		evidence that he or she is qualified to practice, and shall be

SB3733 Engrossed - 1162 - LRB096 19592 AMC 34984 b
1		licensed as provided under this Act. No person shall practice
2		or offer to practice advanced, professional, or practical
3		nursing in Illinois or use any title, sign, card or device to
4		indicate that such a person is practicing professional or
5		practical nursing unless such person has been licensed under
6		the provisions of this Act.
7		(b) This Act does not prohibit the following:
8		(1) The practice of nursing in Federal employment in
9		the discharge of the employee's duties by a person who is
10		employed by the United States government or any bureau,
11		division or agency thereof and is a legally qualified and
12		licensed nurse of another state or territory and not in
13		conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
14		this Act.
15		(2) Nursing that is included in the program of study by
16		students enrolled in programs of nursing or in current
17		nurse practice update courses approved by the Department.
18		(3) The furnishing of nursing assistance in an
19		emergency.
20		(4) The practice of nursing by a nurse who holds an
21		active license in another state when providing services to
22		patients in Illinois during a bonafide emergency or in
23		immediate preparation for or during interstate transit.
24		(5) The incidental care of the sick by members of the
25		family, domestic servants or housekeepers, or care of the
26		sick where treatment is by prayer or spiritual means.

SB3733 Engrossed - 1163 - LRB096 19592 AMC 34984 b
1		(6) Persons from being employed as unlicensed
2		assistive personnel in private homes, long term care
3		facilities, nurseries, hospitals or other institutions.
4		(7) The practice of practical nursing by one who is a
5		licensed practical nurse under the laws of another U.S.
6		jurisdiction and has applied in writing to the Department,
7		in form and substance satisfactory to the Department, for a
8		license as a licensed practical nurse and who is qualified
9		to receive such license under this Act, until (i) the
10		expiration of 6 months after the filing of such written
11		application, (ii) the withdrawal of such application, or
12		(iii) the denial of such application by the Department.
13		(8) The practice of advanced practice nursing by one
14		who is an advanced practice nurse under the laws of another
15		state, territory of the United States, or country and has
16		applied in writing to the Department, in form and substance
17		satisfactory to the Department, for a license as an
18		advanced practice nurse and who is qualified to receive
19		such license under this Act, until (i) the expiration of 6
20		months after the filing of such written application, (ii)
21		the withdrawal of such application, or (iii) the denial of
22		such application by the Department.
23		(9) The practice of professional nursing by one who is
24		a registered professional nurse under the laws of another
25		state, territory of the United States or country and has
26		applied in writing to the Department, in form and substance

SB3733 Engrossed - 1164 - LRB096 19592 AMC 34984 b
1		satisfactory to the Department, for a license as a
2		registered professional nurse and who is qualified to
3		receive such license under Section 55-10, until (1) the
4		expiration of 6 months after the filing of such written
5		application, (2) the withdrawal of such application, or (3)
6		the denial of such application by the Department.
7		(10) The practice of professional nursing that is
8		included in a program of study by one who is a registered
9		professional nurse under the laws of another state or
10		territory of the United States or foreign country,
11		territory or province and who is enrolled in a graduate
12		nursing education program or a program for the completion
13		of a baccalaureate nursing degree in this State, which
14		includes clinical supervision by faculty as determined by
15		the educational institution offering the program and the
16		health care organization where the practice of nursing
17		occurs.
18		(11) Any person licensed in this State under any other
19		Act from engaging in the practice for which she or he is
20		licensed.
21		(12) Delegation to authorized direct care staff
22		trained under Section 15.4 of the Mental Health and
23		Developmental Disabilities Administrative Act consistent
24		with the policies of the Department.
25		(13) The practice, services, or activities of persons
26		practicing the specified occupations set forth in

SB3733 Engrossed - 1165 - LRB096 19592 AMC 34984 b
1		subsection (a) of, and pursuant to a licensing exemption
2		granted in subsection (b) or (d) of, Section 2105-350 of
3		the Department of Professional Regulation Law of the Civil
4		Administrative Code of Illinois, but only for so long as
5		the 2016 Olympic and Paralympic Games Professional
6		Licensure Exemption Law is operable.
7		(14) (13) County correctional personnel from
8		delivering prepackaged medication for self-administration
9		to an individual detainee in a correctional facility.
10		Nothing in this Act shall be construed to limit the
11		delegation of tasks or duties by a physician, dentist, or
12		podiatrist to a licensed practical nurse, a registered
13		professional nurse, or other persons.
14		(Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7,
15		eff. 4-3-09; 96-516, eff. 8-14-09; revised 9-15-09.)
16		Section 435. The Illinois Optometric Practice Act of 1987
17		is amended by changing Section 24 as follows:
18		(225 ILCS 80/24) (from Ch. 111, par. 3924)
19		(Section scheduled to be repealed on January 1, 2017)
20		Sec. 24. Grounds for disciplinary action.
21		(a) The Department may refuse to issue or to renew, or may
22		revoke, suspend, place on probation, reprimand or take other
23		disciplinary action as the Department may deem proper,
24		including fines not to exceed $10,000 for each violation, with

SB3733 Engrossed - 1166 - LRB096 19592 AMC 34984 b
1		regard to any license for any one or combination of the
2		following causes:
3		(1) Violations of this Act, or of the rules promulgated
4		hereunder.
5		(2) Conviction of or entry of a plea of guilty to any
6		crime under the laws of any U.S. jurisdiction thereof that
7		is a felony or that is a misdemeanor of which an essential
8		element is dishonesty, or any crime that is directly
9		related to the practice of the profession.
10		(3) Making any misrepresentation for the purpose of
11		obtaining a license.
12		(4) Professional incompetence or gross negligence in
13		the practice of optometry.
14		(5) Gross malpractice, prima facie evidence of which
15		may be a conviction or judgment of malpractice in any court
16		of competent jurisdiction.
17		(6) Aiding or assisting another person in violating any
18		provision of this Act or rules.
19		(7) Failing, within 60 days, to provide information in
20		response to a written request made by the Department that
21		has been sent by certified or registered mail to the
22		licensee's last known address.
23		(8) Engaging in dishonorable, unethical, or
24		unprofessional conduct of a character likely to deceive,
25		defraud, or harm the public.
26		(9) Habitual or excessive use or addiction to alcohol,

SB3733 Engrossed - 1167 - LRB096 19592 AMC 34984 b
1		narcotics, stimulants or any other chemical agent or drug
2		that results in the inability to practice with reasonable
3		judgment, skill, or safety.
4		(10) Discipline by another U.S. jurisdiction or
5		foreign nation, if at least one of the grounds for the
6		discipline is the same or substantially equivalent to those
7		set forth herein.
8		(11) Violation of the prohibition against fee
9		splitting in Section 24.2 of this Act.
10		(12) A finding by the Department that the licensee,
11		after having his or her license placed on probationary
12		status has violated the terms of probation.
13		(13) Abandonment of a patient.
14		(14) Willfully making or filing false records or
15		reports in his or her practice, including but not limited
16		to false records filed with State agencies or departments.
17		(15) Willfully failing to report an instance of
18		suspected abuse or neglect as required by law.
19		(16) Physical illness, including but not limited to,
20		deterioration through the aging process, or loss of motor
21		skill, mental illness, or disability that results in the
22		inability to practice the profession with reasonable
23		judgment, skill, or safety.
24		(17) Solicitation of professional services other than
25		permitted advertising.
26		(18) Failure to provide a patient with a copy of his or

SB3733 Engrossed - 1168 - LRB096 19592 AMC 34984 b
1		her record or prescription in accordance with federal law.
2		(19) Conviction by any court of competent
3		jurisdiction, either within or without this State, of any
4		violation of any law governing the practice of optometry,
5		conviction in this or another State of any crime that is a
6		felony under the laws of this State or conviction of a
7		felony in a federal court, if the Department determines,
8		after investigation, that such person has not been
9		sufficiently rehabilitated to warrant the public trust.
10		(20) A finding that licensure has been applied for or
11		obtained by fraudulent means.
12		(21) Continued practice by a person knowingly having an
13		infectious or contagious disease.
14		(22) Being named as a perpetrator in an indicated
15		report by the Department of Children and Family Services
16		under the Abused and Neglected Child Reporting Act, and
17		upon proof by clear and convincing evidence that the
18		licensee has caused a child to be an abused child or a
19		neglected child as defined in the Abused and Neglected
20		Child Reporting Act.
21		(23) Practicing or attempting to practice under a name
22		other than the full name as shown on his or her license.
23		(24) Immoral conduct in the commission of any act, such
24		as sexual abuse, sexual misconduct or sexual exploitation,
25		related to the licensee's practice.
26		(25) Maintaining a professional relationship with any

SB3733 Engrossed - 1169 - LRB096 19592 AMC 34984 b
1		person, firm, or corporation when the optometrist knows, or
2		should know, that such person, firm, or corporation is
3		violating this Act.
4		(26) Promotion of the sale of drugs, devices,
5		appliances or goods provided for a client or patient in
6		such manner as to exploit the patient or client for
7		financial gain of the licensee.
8		(27) Using the title "Doctor" or its abbreviation
9		without further qualifying that title or abbreviation with
10		the word "optometry" or "optometrist".
11		(28) Use by a licensed optometrist of the word
12		"infirmary", "hospital", "school", "university", in
13		English or any other language, in connection with the place
14		where optometry may be practiced or demonstrated.
15		(29) Continuance of an optometrist in the employ of any
16		person, firm or corporation, or as an assistant to any
17		optometrist or optometrists, directly or indirectly, after
18		his or her employer or superior has been found guilty of
19		violating or has been enjoined from violating the laws of
20		the State of Illinois relating to the practice of
21		optometry, when the employer or superior persists in that
22		violation.
23		(30) The performance of optometric service in
24		conjunction with a scheme or plan with another person, firm
25		or corporation known to be advertising in a manner contrary
26		to this Act or otherwise violating the laws of the State of

SB3733 Engrossed - 1170 - LRB096 19592 AMC 34984 b
1		Illinois concerning the practice of optometry.
2		(31) Failure to provide satisfactory proof of having
3		participated in approved continuing education programs as
4		determined by the Board and approved by the Secretary.
5		Exceptions for extreme hardships are to be defined by the
6		rules of the Department.
7		(32) Willfully making or filing false records or
8		reports in the practice of optometry, including, but not
9		limited to false records to support claims against the
10		medical assistance program of the Department of Healthcare
11		and Family Services (formerly Department of Public Aid)
12		under the Illinois Public Aid Code.
13		(33) Gross and willful overcharging for professional
14		services including filing false statements for collection
15		of fees for which services are not rendered, including, but
16		not limited to filing false statements for collection of
17		monies for services not rendered from the medical
18		assistance program of the Department of Healthcare and
19		Family Services (formerly Department of Public Aid) under
20		the Illinois Public Aid Code.
21		(34) In the absence of good reasons to the contrary,
22		failure to perform a minimum eye examination as required by
23		the rules of the Department.
24		(35) Violation of the Health Care Worker Self-Referral
25		Act.
26		The Department may refuse to issue or may suspend the

SB3733 Engrossed - 1171 - LRB096 19592 AMC 34984 b
1		license of any person who fails to file a return, or to pay the
2		tax, penalty or interest shown in a filed return, or to pay any
3		final assessment of the tax, penalty or interest, as required
4		by any tax Act administered by the Illinois Department of
5		Revenue, until such time as the requirements of any such tax
6		Act are satisfied.
7		(a-5) In enforcing this Section, the Board upon a showing
8		of a possible violation, may compel any individual licensed to
9		practice under this Act, or who has applied for licensure or
10		certification pursuant to this Act, to submit to a mental or
11		physical examination, or both, as required by and at the
12		expense of the Department. The examining physicians or clinical
13		psychologists shall be those specifically designated by the
14		Board. The Board or the Department may order the examining
15		physician or clinical psychologist to present testimony
16		concerning this mental or physical examination of the licensee
17		or applicant. No information shall be excluded by reason of any
18		common law or statutory privilege relating to communications
19		between the licensee or applicant and the examining physician
20		or clinical psychologist. Eye examinations may be provided by a
21		licensed optometrist. The individual to be examined may have,
22		at his or her own expense, another physician of his or her
23		choice present during all aspects of the examination. Failure
24		of any individual to submit to a mental or physical
25		examination, when directed, shall be grounds for suspension of
26		a license until such time as the individual submits to the

SB3733 Engrossed - 1172 - LRB096 19592 AMC 34984 b
1		examination if the Board finds, after notice and hearing, that
2		the refusal to submit to the examination was without reasonable
3		cause.
4		If the Board finds an individual unable to practice because
5		of the reasons set forth in this Section, the Board shall
6		require such individual to submit to care, counseling, or
7		treatment by physicians or clinical psychologists approved or
8		designated by the Board, as a condition, term, or restriction
9		for continued, reinstated, or renewed licensure to practice, or
10		in lieu of care, counseling, or treatment, the Board may
11		recommend to the Department to file a complaint to immediately
12		suspend, revoke, or otherwise discipline the license of the
13		individual, or the Board may recommend to the Department to
14		file a complaint to suspend, revoke, or otherwise discipline
15		the license of the individual. Any individual whose license was
16		granted pursuant to this Act, or continued, reinstated,
17		renewed, disciplined, or supervised, subject to such
18		conditions, terms, or restrictions, who shall fail to comply
19		with such conditions, terms, or restrictions, shall be referred
20		to the Secretary for a determination as to whether the
21		individual shall have his or her license suspended immediately,
22		pending a hearing by the Board.
23		(b) The determination by a circuit court that a licensee is
24		subject to involuntary admission or judicial admission as
25		provided in the Mental Health and Developmental Disabilities
26		Code operates as an automatic suspension. The suspension will

SB3733 Engrossed - 1173 - LRB096 19592 AMC 34984 b
1		end only upon a finding by a court that the patient is no
2		longer subject to involuntary admission or judicial admission
3		and issues an order so finding and discharging the patient; and
4		upon the recommendation of the Board to the Secretary that the
5		licensee be allowed to resume his or her practice.
6		(Source: P.A. 96-378, eff. 1-1-10; 96-608, eff. 8-24-09;
7		revised 10-6-09.)
8		Section 440. The Orthotics, Prosthetics, and Pedorthics
9		Practice Act is amended by changing Section 15 as follows:
10		(225 ILCS 84/15)
11		(Section scheduled to be repealed on January 1, 2020)
12		Sec. 15. Exceptions. This Act shall not be construed to
13		prohibit:
14		(1) a physician licensed in this State from engaging in the
15		practice for which he or she is licensed;
16		(2) a person licensed in this State under any other Act
17		from engaging in the practice for which he or she is licensed;
18		(3) the practice of orthotics, prosthetics, or pedorthics
19		by a person who is employed by the federal government or any
20		bureau, division, or agency of the federal government while in
21		the discharge of the employee's official duties;
22		(4) the practice of orthotics, prosthetics, or pedorthics
23		by (i) a student enrolled in a school of orthotics,
24		prosthetics, or pedorthics, (ii) a resident continuing his or

SB3733 Engrossed - 1174 - LRB096 19592 AMC 34984 b
1		her clinical education in a residency accredited by the
2		National Commission on Orthotic and Prosthetic Education, or
3		(iii) a student in a qualified work experience program or
4		internship in pedorthics;
5		(5) the practice of orthotics, prosthetics, or pedorthics
6		by one who is an orthotist, prosthetist, or pedorthist licensed
7		under the laws of another state or territory of the United
8		States or another country and has applied in writing to the
9		Department, in a form and substance satisfactory to the
10		Department, for a license as orthotist, prosthetist, or
11		pedorthist and who is qualified to receive the license under
12		Section 40 until (i) the expiration of 6 months after the
13		filing of the written application, (ii) the withdrawal of the
14		application, or (iii) the denial of the application by the
15		Department;
16		(6) a person licensed by this State as a physical
17		therapist, occupational therapist, or advanced practice nurse
18		from engaging in his or her profession; or
19		(7) a physician licensed under the Podiatric Medical
20		Practice Act of 1987 1997 from engaging in his or her
21		profession.
22		(Source: P.A. 96-682, eff. 8-25-09; revised 11-3-09.)
23		Section 445. The Pharmacy Practice Act is amended by
24		changing Sections 3 and 15 as follows:

SB3733 Engrossed - 1175 - LRB096 19592 AMC 34984 b
1		(225 ILCS 85/3)
2		(Text of Section before amendment by P.A. 96-339)
3		(Section scheduled to be repealed on January 1, 2018)
4		Sec. 3. Definitions. For the purpose of this Act, except
5		where otherwise limited therein:
6		(a) "Pharmacy" or "drugstore" means and includes every
7		store, shop, pharmacy department, or other place where
8		pharmacist care is provided by a pharmacist (1) where drugs,
9		medicines, or poisons are dispensed, sold or offered for sale
10		at retail, or displayed for sale at retail; or (2) where
11		prescriptions of physicians, dentists, advanced practice
12		nurses, physician assistants, veterinarians, podiatrists, or
13		optometrists, within the limits of their licenses, are
14		compounded, filled, or dispensed; or (3) which has upon it or
15		displayed within it, or affixed to or used in connection with
16		it, a sign bearing the word or words "Pharmacist", "Druggist",
17		"Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
18		"Medicine Store", "Prescriptions", "Drugs", "Dispensary",
19		"Medicines", or any word or words of similar or like import,
20		either in the English language or any other language; or (4)
21		where the characteristic prescription sign (Rx) or similar
22		design is exhibited; or (5) any store, or shop, or other place
23		with respect to which any of the above words, objects, signs or
24		designs are used in any advertisement.
25		(b) "Drugs" means and includes (l) articles recognized in
26		the official United States Pharmacopoeia/National Formulary

SB3733 Engrossed - 1176 - LRB096 19592 AMC 34984 b
1		(USP/NF), or any supplement thereto and being intended for and
2		having for their main use the diagnosis, cure, mitigation,
3		treatment or prevention of disease in man or other animals, as
4		approved by the United States Food and Drug Administration, but
5		does not include devices or their components, parts, or
6		accessories; and (2) all other articles intended for and having
7		for their main use the diagnosis, cure, mitigation, treatment
8		or prevention of disease in man or other animals, as approved
9		by the United States Food and Drug Administration, but does not
10		include devices or their components, parts, or accessories; and
11		(3) articles (other than food) having for their main use and
12		intended to affect the structure or any function of the body of
13		man or other animals; and (4) articles having for their main
14		use and intended for use as a component or any articles
15		specified in clause (l), (2) or (3); but does not include
16		devices or their components, parts or accessories.
17		(c) "Medicines" means and includes all drugs intended for
18		human or veterinary use approved by the United States Food and
19		Drug Administration.
20		(d) "Practice of pharmacy" means (1) the interpretation and
21		the provision of assistance in the monitoring, evaluation, and
22		implementation of prescription drug orders; (2) the dispensing
23		of prescription drug orders; (3) participation in drug and
24		device selection; (4) drug administration limited to the
25		administration of oral, topical, injectable, and inhalation as
26		follows: in the context of patient education on the proper use

SB3733 Engrossed - 1177 - LRB096 19592 AMC 34984 b
1		or delivery of medications; vaccination of patients 14 years of
2		age and older pursuant to a valid prescription or standing
3		order, by a physician licensed to practice medicine in all its
4		branches, upon completion of appropriate training, including
5		how to address contraindications and adverse reactions set
6		forth by rule, with notification to the patient's physician and
7		appropriate record retention, or pursuant to hospital pharmacy
8		and therapeutics committee policies and procedures; (5) drug
9		regimen review; (6) drug or drug-related research; (7) the
10		provision of patient counseling; (8) the practice of
11		telepharmacy; (9) the provision of those acts or services
12		necessary to provide pharmacist care; (10) medication therapy
13		management; and (11) the responsibility for compounding and
14		labeling of drugs and devices (except labeling by a
15		manufacturer, repackager, or distributor of non-prescription
16		drugs and commercially packaged legend drugs and devices),
17		proper and safe storage of drugs and devices, and maintenance
18		of required records. A pharmacist who performs any of the acts
19		defined as the practice of pharmacy in this State must be
20		actively licensed as a pharmacist under this Act.
21		(e) "Prescription" means and includes any written, oral,
22		facsimile, or electronically transmitted order for drugs or
23		medical devices, issued by a physician licensed to practice
24		medicine in all its branches, dentist, veterinarian, or
25		podiatrist, or optometrist, within the limits of their
26		licenses, by a physician assistant in accordance with

SB3733 Engrossed - 1178 - LRB096 19592 AMC 34984 b
1		subsection (f) of Section 4, or by an advanced practice nurse
2		in accordance with subsection (g) of Section 4, containing the
3		following: (l) name of the patient; (2) date when prescription
4		was issued; (3) name and strength of drug or description of the
5		medical device prescribed; and (4) quantity, (5) directions for
6		use, (6) prescriber's name, address and signature, and (7) DEA
7		number where required, for controlled substances. DEA numbers
8		shall not be required on inpatient drug orders.
9		(f) "Person" means and includes a natural person,
10		copartnership, association, corporation, government entity, or
11		any other legal entity.
12		(g) "Department" means the Department of Financial and
13		Professional Regulation.
14		(h) "Board of Pharmacy" or "Board" means the State Board of
15		Pharmacy of the Department of Financial and Professional
16		Regulation.
17		(i) "Secretary" means the Secretary of Financial and
18		Professional Regulation.
19		(j) "Drug product selection" means the interchange for a
20		prescribed pharmaceutical product in accordance with Section
21		25 of this Act and Section 3.14 of the Illinois Food, Drug and
22		Cosmetic Act.
23		(k) "Inpatient drug order" means an order issued by an
24		authorized prescriber for a resident or patient of a facility
25		licensed under the Nursing Home Care Act or the Hospital
26		Licensing Act, or "An Act in relation to the founding and

SB3733 Engrossed - 1179 - LRB096 19592 AMC 34984 b
1		operation of the University of Illinois Hospital and the
2		conduct of University of Illinois health care programs",
3		approved July 3, 1931, as amended, or a facility which is
4		operated by the Department of Human Services (as successor to
5		the Department of Mental Health and Developmental
6		Disabilities) or the Department of Corrections.
7		(k-5) "Pharmacist" means an individual health care
8		professional and provider currently licensed by this State to
9		engage in the practice of pharmacy.
10		(l) "Pharmacist in charge" means the licensed pharmacist
11		whose name appears on a pharmacy license and who is responsible
12		for all aspects of the operation related to the practice of
13		pharmacy.
14		(m) "Dispense" or "dispensing" means the interpretation,
15		evaluation, and implementation of a prescription drug order,
16		including the preparation and delivery of a drug or device to a
17		patient or patient's agent in a suitable container
18		appropriately labeled for subsequent administration to or use
19		by a patient in accordance with applicable State and federal
20		laws and regulations. "Dispense" or "dispensing" does not mean
21		the physical delivery to a patient or a patient's
22		representative in a home or institution by a designee of a
23		pharmacist or by common carrier. "Dispense" or "dispensing"
24		also does not mean the physical delivery of a drug or medical
25		device to a patient or patient's representative by a
26		pharmacist's designee within a pharmacy or drugstore while the

SB3733 Engrossed - 1180 - LRB096 19592 AMC 34984 b
1		pharmacist is on duty and the pharmacy is open.
2		(n) "Nonresident pharmacy" means a pharmacy that is located
3		in a state, commonwealth, or territory of the United States,
4		other than Illinois, that delivers, dispenses, or distributes,
5		through the United States Postal Service, commercially
6		acceptable parcel delivery service, or other common carrier, to
7		Illinois residents, any substance which requires a
8		prescription.
9		(o) "Compounding" means the preparation and mixing of
10		components, excluding flavorings, (1) as the result of a
11		prescriber's prescription drug order or initiative based on the
12		prescriber-patient-pharmacist relationship in the course of
13		professional practice or (2) for the purpose of, or incident
14		to, research, teaching, or chemical analysis and not for sale
15		or dispensing. "Compounding" includes the preparation of drugs
16		or devices in anticipation of receiving prescription drug
17		orders based on routine, regularly observed dispensing
18		patterns. Commercially available products may be compounded
19		for dispensing to individual patients only if all of the
20		following conditions are met: (i) the commercial product is not
21		reasonably available from normal distribution channels in a
22		timely manner to meet the patient's needs and (ii) the
23		prescribing practitioner has requested that the drug be
24		compounded.
25		(p) (Blank).
26		(q) (Blank).

SB3733 Engrossed - 1181 - LRB096 19592 AMC 34984 b
1		(r) "Patient counseling" means the communication between a
2		pharmacist or a student pharmacist under the supervision of a
3		pharmacist and a patient or the patient's representative about
4		the patient's medication or device for the purpose of
5		optimizing proper use of prescription medications or devices.
6		"Patient counseling" may include without limitation (1)
7		obtaining a medication history; (2) acquiring a patient's
8		allergies and health conditions; (3) facilitation of the
9		patient's understanding of the intended use of the medication;
10		(4) proper directions for use; (5) significant potential
11		adverse events; (6) potential food-drug interactions; and (7)
12		the need to be compliant with the medication therapy. A
13		pharmacy technician may only participate in the following
14		aspects of patient counseling under the supervision of a
15		pharmacist: (1) obtaining medication history; (2) providing
16		the offer for counseling by a pharmacist or student pharmacist;
17		and (3) acquiring a patient's allergies and health conditions.
18		(s) "Patient profiles" or "patient drug therapy record"
19		means the obtaining, recording, and maintenance of patient
20		prescription information, including prescriptions for
21		controlled substances, and personal information.
22		(t) (Blank).
23		(u) "Medical device" means an instrument, apparatus,
24		implement, machine, contrivance, implant, in vitro reagent, or
25		other similar or related article, including any component part
26		or accessory, required under federal law to bear the label

SB3733 Engrossed - 1182 - LRB096 19592 AMC 34984 b
1		"Caution: Federal law requires dispensing by or on the order of
2		a physician". A seller of goods and services who, only for the
3		purpose of retail sales, compounds, sells, rents, or leases
4		medical devices shall not, by reasons thereof, be required to
5		be a licensed pharmacy.
6		(v) "Unique identifier" means an electronic signature,
7		handwritten signature or initials, thumb print, or other
8		acceptable biometric or electronic identification process as
9		approved by the Department.
10		(w) "Current usual and customary retail price" means the
11		price that a pharmacy charges to a non-third-party payor.
12		(x) "Automated pharmacy system" means a mechanical system
13		located within the confines of the pharmacy or remote location
14		that performs operations or activities, other than compounding
15		or administration, relative to storage, packaging, dispensing,
16		or distribution of medication, and which collects, controls,
17		and maintains all transaction information.
18		(y) "Drug regimen review" means and includes the evaluation
19		of prescription drug orders and patient records for (1) known
20		allergies; (2) drug or potential therapy contraindications;
21		(3) reasonable dose, duration of use, and route of
22		administration, taking into consideration factors such as age,
23		gender, and contraindications; (4) reasonable directions for
24		use; (5) potential or actual adverse drug reactions; (6)
25		drug-drug interactions; (7) drug-food interactions; (8)
26		drug-disease contraindications; (9) therapeutic duplication;

SB3733 Engrossed - 1183 - LRB096 19592 AMC 34984 b
1		(10) patient laboratory values when authorized and available;
2		(11) proper utilization (including over or under utilization)
3		and optimum therapeutic outcomes; and (12) abuse and misuse.
4		(z) "Electronic transmission prescription" means any
5		prescription order for which a facsimile or electronic image of
6		the order is electronically transmitted from a licensed
7		prescriber to a pharmacy. "Electronic transmission
8		prescription" includes both data and image prescriptions.
9		(aa) "Medication therapy management services" means a
10		distinct service or group of services offered by licensed
11		pharmacists, physicians licensed to practice medicine in all
12		its branches, advanced practice nurses authorized in a written
13		agreement with a physician licensed to practice medicine in all
14		its branches, or physician assistants authorized in guidelines
15		by a supervising physician that optimize therapeutic outcomes
16		for individual patients through improved medication use. In a
17		retail or other non-hospital pharmacy, medication therapy
18		management services shall consist of the evaluation of
19		prescription drug orders and patient medication records to
20		resolve conflicts with the following:
21		(1) known allergies;
22		(2) drug or potential therapy contraindications;
23		(3) reasonable dose, duration of use, and route of
24		administration, taking into consideration factors such as
25		age, gender, and contraindications;
26		(4) reasonable directions for use;

SB3733 Engrossed - 1184 - LRB096 19592 AMC 34984 b
1		(5) potential or actual adverse drug reactions;
2		(6) drug-drug interactions;
3		(7) drug-food interactions;
4		(8) drug-disease contraindications;
5		(9) identification of therapeutic duplication;
6		(10) patient laboratory values when authorized and
7		available;
8		(11) proper utilization (including over or under
9		utilization) and optimum therapeutic outcomes; and
10		(12) drug abuse and misuse.
11		"Medication therapy management services" includes the
12		following:
13		(1) documenting the services delivered and
14		communicating the information provided to patients'
15		prescribers within an appropriate time frame, not to exceed
16		48 hours;
17		(2) providing patient counseling designed to enhance a
18		patient's understanding and the appropriate use of his or
19		her medications; and
20		(3) providing information, support services, and
21		resources designed to enhance a patient's adherence with
22		his or her prescribed therapeutic regimens.
23		"Medication therapy management services" may also include
24		patient care functions authorized by a physician licensed to
25		practice medicine in all its branches for his or her identified
26		patient or groups of patients under specified conditions or

SB3733 Engrossed - 1185 - LRB096 19592 AMC 34984 b
1		limitations in a standing order from the physician.
2		"Medication therapy management services" in a licensed
3		hospital may also include the following:
4		(1) reviewing assessments of the patient's health
5		status; and
6		(2) following protocols of a hospital pharmacy and
7		therapeutics committee with respect to the fulfillment of
8		medication orders.
9		(bb) "Pharmacist care" means the provision by a pharmacist
10		of medication therapy management services, with or without the
11		dispensing of drugs or devices, intended to achieve outcomes
12		that improve patient health, quality of life, and comfort and
13		enhance patient safety.
14		(cc) "Protected health information" means individually
15		identifiable health information that, except as otherwise
16		provided, is:
17		(1) transmitted by electronic media;
18		(2) maintained in any medium set forth in the
19		definition of "electronic media" in the federal Health
20		Insurance Portability and Accountability Act; or
21		(3) transmitted or maintained in any other form or
22		medium.
23		"Protected health information" does not include individually
24		identifiable health information found in:
25		(1) education records covered by the federal Family
26		Educational Right and Privacy Act; or

SB3733 Engrossed - 1186 - LRB096 19592 AMC 34984 b
1		(2) employment records held by a licensee in its role
2		as an employer.
3		(dd) "Standing order" means a specific order for a patient
4		or group of patients issued by a physician licensed to practice
5		medicine in all its branches in Illinois.
6		(ee) "Address of record" means the address recorded by the
7		Department in the applicant's or licensee's application file or
8		license file, as maintained by the Department's licensure
9		maintenance unit.
10		(ff) "Home pharmacy" means the location of a pharmacy's
11		primary operations.
12		(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
13		(Text of Section after amendment by P.A. 96-339)
14		(Section scheduled to be repealed on January 1, 2018)
15		Sec. 3. Definitions. For the purpose of this Act, except
16		where otherwise limited therein:
17		(a) "Pharmacy" or "drugstore" means and includes every
18		store, shop, pharmacy department, or other place where
19		pharmacist care is provided by a pharmacist (1) where drugs,
20		medicines, or poisons are dispensed, sold or offered for sale
21		at retail, or displayed for sale at retail; or (2) where
22		prescriptions of physicians, dentists, advanced practice
23		nurses, physician assistants, veterinarians, podiatrists, or
24		optometrists, within the limits of their licenses, are
25		compounded, filled, or dispensed; or (3) which has upon it or

SB3733 Engrossed - 1187 - LRB096 19592 AMC 34984 b
1		displayed within it, or affixed to or used in connection with
2		it, a sign bearing the word or words "Pharmacist", "Druggist",
3		"Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
4		"Medicine Store", "Prescriptions", "Drugs", "Dispensary",
5		"Medicines", or any word or words of similar or like import,
6		either in the English language or any other language; or (4)
7		where the characteristic prescription sign (Rx) or similar
8		design is exhibited; or (5) any store, or shop, or other place
9		with respect to which any of the above words, objects, signs or
10		designs are used in any advertisement.
11		(b) "Drugs" means and includes (l) articles recognized in
12		the official United States Pharmacopoeia/National Formulary
13		(USP/NF), or any supplement thereto and being intended for and
14		having for their main use the diagnosis, cure, mitigation,
15		treatment or prevention of disease in man or other animals, as
16		approved by the United States Food and Drug Administration, but
17		does not include devices or their components, parts, or
18		accessories; and (2) all other articles intended for and having
19		for their main use the diagnosis, cure, mitigation, treatment
20		or prevention of disease in man or other animals, as approved
21		by the United States Food and Drug Administration, but does not
22		include devices or their components, parts, or accessories; and
23		(3) articles (other than food) having for their main use and
24		intended to affect the structure or any function of the body of
25		man or other animals; and (4) articles having for their main
26		use and intended for use as a component or any articles

SB3733 Engrossed - 1188 - LRB096 19592 AMC 34984 b
1		specified in clause (l), (2) or (3); but does not include
2		devices or their components, parts or accessories.
3		(c) "Medicines" means and includes all drugs intended for
4		human or veterinary use approved by the United States Food and
5		Drug Administration.
6		(d) "Practice of pharmacy" means (1) the interpretation and
7		the provision of assistance in the monitoring, evaluation, and
8		implementation of prescription drug orders; (2) the dispensing
9		of prescription drug orders; (3) participation in drug and
10		device selection; (4) drug administration limited to the
11		administration of oral, topical, injectable, and inhalation as
12		follows: in the context of patient education on the proper use
13		or delivery of medications; vaccination of patients 14 years of
14		age and older pursuant to a valid prescription or standing
15		order, by a physician licensed to practice medicine in all its
16		branches, upon completion of appropriate training, including
17		how to address contraindications and adverse reactions set
18		forth by rule, with notification to the patient's physician and
19		appropriate record retention, or pursuant to hospital pharmacy
20		and therapeutics committee policies and procedures; (5) drug
21		regimen review; (6) drug or drug-related research; (7) the
22		provision of patient counseling; (8) the practice of
23		telepharmacy; (9) the provision of those acts or services
24		necessary to provide pharmacist care; (10) medication therapy
25		management; and (11) the responsibility for compounding and
26		labeling of drugs and devices (except labeling by a

SB3733 Engrossed - 1189 - LRB096 19592 AMC 34984 b
1		manufacturer, repackager, or distributor of non-prescription
2		drugs and commercially packaged legend drugs and devices),
3		proper and safe storage of drugs and devices, and maintenance
4		of required records. A pharmacist who performs any of the acts
5		defined as the practice of pharmacy in this State must be
6		actively licensed as a pharmacist under this Act.
7		(e) "Prescription" means and includes any written, oral,
8		facsimile, or electronically transmitted order for drugs or
9		medical devices, issued by a physician licensed to practice
10		medicine in all its branches, dentist, veterinarian, or
11		podiatrist, or optometrist, within the limits of their
12		licenses, by a physician assistant in accordance with
13		subsection (f) of Section 4, or by an advanced practice nurse
14		in accordance with subsection (g) of Section 4, containing the
15		following: (l) name of the patient; (2) date when prescription
16		was issued; (3) name and strength of drug or description of the
17		medical device prescribed; and (4) quantity, (5) directions for
18		use, (6) prescriber's name, address and signature, and (7) DEA
19		number where required, for controlled substances. DEA numbers
20		shall not be required on inpatient drug orders.
21		(f) "Person" means and includes a natural person,
22		copartnership, association, corporation, government entity, or
23		any other legal entity.
24		(g) "Department" means the Department of Financial and
25		Professional Regulation.
26		(h) "Board of Pharmacy" or "Board" means the State Board of

SB3733 Engrossed - 1190 - LRB096 19592 AMC 34984 b
1		Pharmacy of the Department of Financial and Professional
2		Regulation.
3		(i) "Secretary" means the Secretary of Financial and
4		Professional Regulation.
5		(j) "Drug product selection" means the interchange for a
6		prescribed pharmaceutical product in accordance with Section
7		25 of this Act and Section 3.14 of the Illinois Food, Drug and
8		Cosmetic Act.
9		(k) "Inpatient drug order" means an order issued by an
10		authorized prescriber for a resident or patient of a facility
11		licensed under the Nursing Home Care Act, the MR/DD Community
12		Care Act, or the Hospital Licensing Act, or "An Act in relation
13		to the founding and operation of the University of Illinois
14		Hospital and the conduct of University of Illinois health care
15		programs", approved July 3, 1931, as amended, or a facility
16		which is operated by the Department of Human Services (as
17		successor to the Department of Mental Health and Developmental
18		Disabilities) or the Department of Corrections.
19		(k-5) "Pharmacist" means an individual health care
20		professional and provider currently licensed by this State to
21		engage in the practice of pharmacy.
22		(l) "Pharmacist in charge" means the licensed pharmacist
23		whose name appears on a pharmacy license and who is responsible
24		for all aspects of the operation related to the practice of
25		pharmacy.
26		(m) "Dispense" or "dispensing" means the interpretation,

SB3733 Engrossed - 1191 - LRB096 19592 AMC 34984 b
1		evaluation, and implementation of a prescription drug order,
2		including the preparation and delivery of a drug or device to a
3		patient or patient's agent in a suitable container
4		appropriately labeled for subsequent administration to or use
5		by a patient in accordance with applicable State and federal
6		laws and regulations. "Dispense" or "dispensing" does not mean
7		the physical delivery to a patient or a patient's
8		representative in a home or institution by a designee of a
9		pharmacist or by common carrier. "Dispense" or "dispensing"
10		also does not mean the physical delivery of a drug or medical
11		device to a patient or patient's representative by a
12		pharmacist's designee within a pharmacy or drugstore while the
13		pharmacist is on duty and the pharmacy is open.
14		(n) "Nonresident pharmacy" means a pharmacy that is located
15		in a state, commonwealth, or territory of the United States,
16		other than Illinois, that delivers, dispenses, or distributes,
17		through the United States Postal Service, commercially
18		acceptable parcel delivery service, or other common carrier, to
19		Illinois residents, any substance which requires a
20		prescription.
21		(o) "Compounding" means the preparation and mixing of
22		components, excluding flavorings, (1) as the result of a
23		prescriber's prescription drug order or initiative based on the
24		prescriber-patient-pharmacist relationship in the course of
25		professional practice or (2) for the purpose of, or incident
26		to, research, teaching, or chemical analysis and not for sale

SB3733 Engrossed - 1192 - LRB096 19592 AMC 34984 b
1		or dispensing. "Compounding" includes the preparation of drugs
2		or devices in anticipation of receiving prescription drug
3		orders based on routine, regularly observed dispensing
4		patterns. Commercially available products may be compounded
5		for dispensing to individual patients only if all of the
6		following conditions are met: (i) the commercial product is not
7		reasonably available from normal distribution channels in a
8		timely manner to meet the patient's needs and (ii) the
9		prescribing practitioner has requested that the drug be
10		compounded.
11		(p) (Blank).
12		(q) (Blank).
13		(r) "Patient counseling" means the communication between a
14		pharmacist or a student pharmacist under the supervision of a
15		pharmacist and a patient or the patient's representative about
16		the patient's medication or device for the purpose of
17		optimizing proper use of prescription medications or devices.
18		"Patient counseling" may include without limitation (1)
19		obtaining a medication history; (2) acquiring a patient's
20		allergies and health conditions; (3) facilitation of the
21		patient's understanding of the intended use of the medication;
22		(4) proper directions for use; (5) significant potential
23		adverse events; (6) potential food-drug interactions; and (7)
24		the need to be compliant with the medication therapy. A
25		pharmacy technician may only participate in the following
26		aspects of patient counseling under the supervision of a

SB3733 Engrossed - 1193 - LRB096 19592 AMC 34984 b
1		pharmacist: (1) obtaining medication history; (2) providing
2		the offer for counseling by a pharmacist or student pharmacist;
3		and (3) acquiring a patient's allergies and health conditions.
4		(s) "Patient profiles" or "patient drug therapy record"
5		means the obtaining, recording, and maintenance of patient
6		prescription information, including prescriptions for
7		controlled substances, and personal information.
8		(t) (Blank).
9		(u) "Medical device" means an instrument, apparatus,
10		implement, machine, contrivance, implant, in vitro reagent, or
11		other similar or related article, including any component part
12		or accessory, required under federal law to bear the label
13		"Caution: Federal law requires dispensing by or on the order of
14		a physician". A seller of goods and services who, only for the
15		purpose of retail sales, compounds, sells, rents, or leases
16		medical devices shall not, by reasons thereof, be required to
17		be a licensed pharmacy.
18		(v) "Unique identifier" means an electronic signature,
19		handwritten signature or initials, thumb print, or other
20		acceptable biometric or electronic identification process as
21		approved by the Department.
22		(w) "Current usual and customary retail price" means the
23		price that a pharmacy charges to a non-third-party payor.
24		(x) "Automated pharmacy system" means a mechanical system
25		located within the confines of the pharmacy or remote location
26		that performs operations or activities, other than compounding

SB3733 Engrossed - 1194 - LRB096 19592 AMC 34984 b
1		or administration, relative to storage, packaging, dispensing,
2		or distribution of medication, and which collects, controls,
3		and maintains all transaction information.
4		(y) "Drug regimen review" means and includes the evaluation
5		of prescription drug orders and patient records for (1) known
6		allergies; (2) drug or potential therapy contraindications;
7		(3) reasonable dose, duration of use, and route of
8		administration, taking into consideration factors such as age,
9		gender, and contraindications; (4) reasonable directions for
10		use; (5) potential or actual adverse drug reactions; (6)
11		drug-drug interactions; (7) drug-food interactions; (8)
12		drug-disease contraindications; (9) therapeutic duplication;
13		(10) patient laboratory values when authorized and available;
14		(11) proper utilization (including over or under utilization)
15		and optimum therapeutic outcomes; and (12) abuse and misuse.
16		(z) "Electronic transmission prescription" means any
17		prescription order for which a facsimile or electronic image of
18		the order is electronically transmitted from a licensed
19		prescriber to a pharmacy. "Electronic transmission
20		prescription" includes both data and image prescriptions.
21		(aa) "Medication therapy management services" means a
22		distinct service or group of services offered by licensed
23		pharmacists, physicians licensed to practice medicine in all
24		its branches, advanced practice nurses authorized in a written
25		agreement with a physician licensed to practice medicine in all
26		its branches, or physician assistants authorized in guidelines

SB3733 Engrossed - 1195 - LRB096 19592 AMC 34984 b
1		by a supervising physician that optimize therapeutic outcomes
2		for individual patients through improved medication use. In a
3		retail or other non-hospital pharmacy, medication therapy
4		management services shall consist of the evaluation of
5		prescription drug orders and patient medication records to
6		resolve conflicts with the following:
7		(1) known allergies;
8		(2) drug or potential therapy contraindications;
9		(3) reasonable dose, duration of use, and route of
10		administration, taking into consideration factors such as
11		age, gender, and contraindications;
12		(4) reasonable directions for use;
13		(5) potential or actual adverse drug reactions;
14		(6) drug-drug interactions;
15		(7) drug-food interactions;
16		(8) drug-disease contraindications;
17		(9) identification of therapeutic duplication;
18		(10) patient laboratory values when authorized and
19		available;
20		(11) proper utilization (including over or under
21		utilization) and optimum therapeutic outcomes; and
22		(12) drug abuse and misuse.
23		"Medication therapy management services" includes the
24		following:
25		(1) documenting the services delivered and
26		communicating the information provided to patients'

SB3733 Engrossed - 1196 - LRB096 19592 AMC 34984 b
1		prescribers within an appropriate time frame, not to exceed
2		48 hours;
3		(2) providing patient counseling designed to enhance a
4		patient's understanding and the appropriate use of his or
5		her medications; and
6		(3) providing information, support services, and
7		resources designed to enhance a patient's adherence with
8		his or her prescribed therapeutic regimens.
9		"Medication therapy management services" may also include
10		patient care functions authorized by a physician licensed to
11		practice medicine in all its branches for his or her identified
12		patient or groups of patients under specified conditions or
13		limitations in a standing order from the physician.
14		"Medication therapy management services" in a licensed
15		hospital may also include the following:
16		(1) reviewing assessments of the patient's health
17		status; and
18		(2) following protocols of a hospital pharmacy and
19		therapeutics committee with respect to the fulfillment of
20		medication orders.
21		(bb) "Pharmacist care" means the provision by a pharmacist
22		of medication therapy management services, with or without the
23		dispensing of drugs or devices, intended to achieve outcomes
24		that improve patient health, quality of life, and comfort and
25		enhance patient safety.
26		(cc) "Protected health information" means individually

SB3733 Engrossed - 1197 - LRB096 19592 AMC 34984 b
1		identifiable health information that, except as otherwise
2		provided, is:
3		(1) transmitted by electronic media;
4		(2) maintained in any medium set forth in the
5		definition of "electronic media" in the federal Health
6		Insurance Portability and Accountability Act; or
7		(3) transmitted or maintained in any other form or
8		medium.
9		"Protected health information" does not include individually
10		identifiable health information found in:
11		(1) education records covered by the federal Family
12		Educational Right and Privacy Act; or
13		(2) employment records held by a licensee in its role
14		as an employer.
15		(dd) "Standing order" means a specific order for a patient
16		or group of patients issued by a physician licensed to practice
17		medicine in all its branches in Illinois.
18		(ee) "Address of record" means the address recorded by the
19		Department in the applicant's or licensee's application file or
20		license file, as maintained by the Department's licensure
21		maintenance unit.
22		(ff) "Home pharmacy" means the location of a pharmacy's
23		primary operations.
24		(Source: P.A. 95-689, eff. 10-29-07; 96-339, eff. 7-1-10;
25		96-673, eff. 1-1-10; revised 10-1-09.)

SB3733 Engrossed - 1198 - LRB096 19592 AMC 34984 b
1		(225 ILCS 85/15) (from Ch. 111, par. 4135)
2		(Section scheduled to be repealed on January 1, 2018)
3		Sec. 15. Pharmacy requirements.
4		(1) It shall be unlawful for the owner of any pharmacy, as
5		defined in this Act, to operate or conduct the same, or to
6		allow the same to be operated or conducted, unless:
7		(a) It has a licensed pharmacist, authorized to
8		practice pharmacy in this State under the provisions of
9		this Act, on duty whenever the practice of pharmacy is
10		conducted;
11		(b) Security provisions for all drugs and devices, as
12		determined by rule of the Department, are provided during
13		the absence from the licensed pharmacy of all licensed
14		pharmacists. Maintenance of security provisions is the
15		responsibility of the licensed pharmacist in charge; and
16		(c) The pharmacy is licensed under this Act to conduct
17		the practice of pharmacy in any and all forms from the
18		physical address of the pharmacy's primary inventory where
19		U.S. mail is delivered. If a facility, company, or
20		organization operates multiple pharmacies from multiple
21		physical addresses, a separate pharmacy license is
22		required for each different physical address.
23		(2) (d) The Department may allow a pharmacy that is not
24		located at the same location as its home pharmacy and at which
25		pharmacy services are provided during an emergency situation,
26		as defined by rule, to be operated as an emergency remote

SB3733 Engrossed - 1199 - LRB096 19592 AMC 34984 b
1		pharmacy. An emergency remote pharmacy operating under this
2		subsection (2) (d) shall operate under the license of the home
3		pharmacy.
4		(3) The Secretary may waive the requirement for a
5		pharmacist to be on duty at all times for State facilities not
6		treating human ailments. This waiver of the requirement remains
7		in effect until it is rescinded by the Secretary and the
8		Department provides written notice of the rescission to the
9		State facility.
10		(4) It shall be unlawful for any person, who is not a
11		licensed pharmacy or health care facility, to purport to be
12		such or to use in name, title, or sign designating, or in
13		connection with that place of business, any of the words:
14		"pharmacy", "pharmacist", "pharmacy department", "apothecary",
15		"druggist", "drug", "drugs", "medicines", "medicine store",
16		"drug sundries", "prescriptions filled", or any list of words
17		indicating that drugs are compounded or sold to the lay public,
18		or prescriptions are dispensed therein. Each day during which,
19		or a part which, such representation is made or appears or such
20		a sign is allowed to remain upon or in such a place of business
21		shall constitute a separate offense under this Act.
22		(5) The holder of any license or certificate of
23		registration shall conspicuously display it in the pharmacy in
24		which he is engaged in the practice of pharmacy. The pharmacist
25		in charge shall conspicuously display his name in such
26		pharmacy. The pharmacy license shall also be conspicuously

SB3733 Engrossed - 1200 - LRB096 19592 AMC 34984 b
1		displayed.
2		(Source: P.A. 95-689, eff. 10-29-07; 96-219, eff. 8-10-09;
3		revised 11-3-09.)
4		Section 450. The Physician Assistant Practice Act of 1987
5		is amended by changing Section 7.5 as follows:
6		(225 ILCS 95/7.5)
7		(Section scheduled to be repealed on January 1, 2018)
8		Sec. 7.5. Prescriptions; written supervision agreements;
9		prescriptive authority.
10		(a) A written supervision agreement is required for all
11		physician assistants to practice in the State.
12		(1) A written supervision agreement shall describe the
13		working relationship of the physician assistant with the
14		supervising physician and shall authorize the categories
15		of care, treatment, or procedures to be performed by the
16		physician assistant. The written supervision agreement
17		shall be defined to promote the exercise of professional
18		judgment by the physician assistant commensurate with his
19		or her education and experience. The services to be
20		provided by the physician assistant shall be services that
21		the supervising physician is authorized to and generally
22		provides to his or her patients in the normal course of his
23		or her clinical medical practice. The written supervision
24		agreement need not describe the exact steps that a

SB3733 Engrossed - 1201 - LRB096 19592 AMC 34984 b
1		physician assistant must take with respect to each specific
2		condition, disease, or symptom but must specify which
3		authorized procedures require the presence of the
4		supervising physician as the procedures are being
5		performed. The supervision relationship under a written
6		supervision agreement shall not be construed to require the
7		personal presence of a physician at all times at the place
8		where services are rendered. Methods of communication
9		shall be available for consultation with the supervising
10		physician in person or by telecommunications in accordance
11		with established written guidelines as set forth in the
12		written supervision agreement.
13		(2) The written supervision agreement shall be
14		adequate if a physician does each of the following:
15		(A) Participates in the joint formulation and
16		joint approval of orders or guidelines with the
17		physician assistant and he or she periodically reviews
18		such orders and the services provided patients under
19		such orders in accordance with accepted standards of
20		medical practice and physician assistant practice.
21		(B) Meets in person with the physician assistant at
22		least once a month to provide supervision.
23		(3) A copy of the signed, written supervision agreement
24		must be available to the Department upon request from both
25		the physician assistant and the supervising physician.
26		(4) A physician assistant shall inform each

SB3733 Engrossed - 1202 - LRB096 19592 AMC 34984 b
1		supervising physician of all written supervision
2		agreements he or she has signed and provide a copy of these
3		to any supervising physician upon request.
4		(b) A supervising physician may, but is not required to,
5		delegate prescriptive authority to a physician assistant as
6		part of a written supervision agreement. This authority may,
7		but is not required to, include prescription of, selection of,
8		orders for, administration of, storage of, acceptance of
9		samples of, and dispensing over the counter medications, legend
10		drugs, medical gases, and controlled substances categorized as
11		Schedule III through V controlled substances, as defined in
12		Article II of the Illinois Controlled Substances Act, and other
13		preparations, including, but not limited to, botanical and
14		herbal remedies. The supervising physician must have a valid,
15		current Illinois controlled substance license and federal
16		registration with the Drug Enforcement Agency to delegate the
17		authority to prescribe controlled substances.
18		(1) To prescribe Schedule III, IV, or V controlled
19		substances under this Section, a physician assistant must
20		obtain a mid-level practitioner controlled substances
21		license. Medication orders issued by a physician assistant
22		shall be reviewed periodically by the supervising
23		physician.
24		(2) The supervising physician shall file with the
25		Department notice of delegation of prescriptive authority
26		to a physician assistant and termination of delegation,

SB3733 Engrossed - 1203 - LRB096 19592 AMC 34984 b
1		specifying the authority delegated or terminated. Upon
2		receipt of this notice delegating authority to prescribe
3		Schedule III, IV, or V controlled substances, the physician
4		assistant shall be eligible to register for a mid-level
5		practitioner controlled substances license under Section
6		303.05 of the Illinois Controlled Substances Act. Nothing
7		in this Act shall be construed to limit the delegation of
8		tasks or duties by the supervising physician to a nurse or
9		other appropriately trained persons in accordance with
10		Section 54.2 of the Medical Practice Act of 1987.
11		(3) In addition to the requirements of subsection (b)
12		of this Section, a supervising physician may, but is not
13		required to, delegate authority to a physician assistant to
14		prescribe Schedule II controlled substances, if all of the
15		following conditions apply:
16		(A) No more than 5 Schedule II controlled
17		substances by oral dosage may be delegated.
18		(B) Any delegation must be controlled substances
19		that the supervising physician prescribes.
20		(C) Any prescription must be limited to no more
21		than a 30-day oral dosage, with any continuation
22		authorized only after prior approval of the
23		supervising physician.
24		(c) Nothing in this Act shall be construed to limit the
25		delegation of tasks or duties by a physician to a licensed
26		practical nurse, a registered professional nurse, or other

SB3733 Engrossed - 1204 - LRB096 19592 AMC 34984 b
1		persons.
2		(Source: P.A. 96-268, eff. 8-11-09; 96-618, eff. 1-1-10;
3		revised 9-15-09.)
4		Section 455. The Veterinary Medicine and Surgery Practice
5		Act of 2004 is amended by changing Section 11 as follows:
6		(225 ILCS 115/11) (from Ch. 111, par. 7011)
7		(Section scheduled to be repealed on January 1, 2014)
8		Sec. 11. Practice pending licensure.. A person holding the
9		degree of Doctor of Veterinary Medicine, or its equivalent,
10		from an accredited college of veterinary medicine, and who has
11		applied in writing to the Department for a license to practice
12		veterinary medicine and surgery in any of its branches, and who
13		has fulfilled the requirements of Section 8 of this Act, with
14		the exception of receipt of notification of his or her
15		examination results, may practice under the direct supervision
16		of a veterinarian who is licensed in this State, until: (1) the
17		applicant has been notified of his or her failure to pass the
18		examination authorized by the Department; (2) the applicant has
19		withdrawn his or her application; (3) the applicant has
20		received a license from the Department after successfully
21		passing the examination authorized by the Department; or (4)
22		the applicant has been notified by the Department to cease and
23		desist from practicing.
24		The applicant shall perform only those acts that may be

SB3733 Engrossed - 1205 - LRB096 19592 AMC 34984 b
1		prescribed by and incidental to his or her employment and those
2		acts shall be performed under the direction of a supervising
3		veterinarian who is licensed in this State. The applicant shall
4		not be entitled to otherwise engage in the practice of
5		veterinary medicine until fully licensed in this State.
6		The Department shall immediately notify, by certified
7		mail, the supervising veterinarian employing the applicant and
8		the applicant that the applicant shall immediately cease and
9		desist from practicing if the applicant (1) practices outside
10		his or her employment under a licensed veterinarian; (2)
11		violates any provision of this Act; or (3) becomes ineligible
12		for licensure under this Act.
13		(Source: P.A. 96-571, eff. 8-18-09; 96-638, eff. 8-24-09;
14		revised 9-15-09.)
15		Section 460. The Perfusionist Practice Act is amended by
16		changing Sections 90 and 170 as follows:
17		(225 ILCS 125/90)
18		(Section scheduled to be repealed on January 1, 2020)
19		Sec. 90. Fees; deposit of fees and fines..
20		(a) The Department shall set by rule fees for the
21		administration of this Act, including, but not limited to, fees
22		for initial and renewal licensure and restoration of a license.
23		The fees shall be nonrefundable.
24		(b) All of the fees and fines collected under this Act

SB3733 Engrossed - 1206 - LRB096 19592 AMC 34984 b
1		shall be deposited into the General Professions Dedicated Fund.
2		The monies deposited into the Fund shall be appropriated to the
3		Department for expenses of the Department in the administration
4		of this Act.
5		(Source: P.A. 96-682, eff. 8-25-09; revised 11-3-09.)
6		(225 ILCS 125/170)
7		(Section scheduled to be repealed on January 1, 2020)
8		Sec. 170. Hearing officer. The Secretary shall have the
9		authority to appoint an attorney licensed to practice law in
10		this State to serve as the hearing officer in any action for
11		refusal to issue, restore, or renew a license or to discipline
12		a licensee. The hearing officer shall have full authority to
13		conduct the hearing. A Board member or members may attend the
14		hearing. The hearing officer shall report his or her findings
15		of fact, conclusions of law, and recommendations to the Board.
16		The Board shall have 60 days from receipt of the report to
17		review the report of the hearing officer and to present its
18		findings of fact, conclusions of law, and recommendations to
19		the Secretary and to all parties to the proceeding. If the
20		Board fails to present its report within the 60-day period, the
21		respondent may request in writing a direct appeal to the
22		Secretary, in which case the Secretary shall, within 7 calendar
23		days after such request, issue an order directing the Board to
24		issue its findings of fact, conclusions of law, and
25		recommendations to the Secretary within 30 calendar days of

SB3733 Engrossed - 1207 - LRB096 19592 AMC 34984 b
1		such order. If the Board fails to issue its findings of fact,
2		conclusions of law, and recommendations within that time frame
3		to the Secretary after the entry of such order, the Secretary
4		shall, within 30 calendar days thereafter, issue an order based
5		upon the report of the hearing officer and the record of the
6		proceedings in accordance with such order. If (i) a direct
7		appeal is requested, (ii) the Board fails to issue its findings
8		of fact, conclusions of law, and recommendations within its
9		30-day mandate from the Secretary or the Secretary fails to
10		order the Board to do so, and (iii) the Secretary fails to
11		issue an order within 30 calendar days thereafter, then the
12		hearing officer's report is deemed accepted and a final
13		decision of the Secretary. Notwithstanding the foregoing,
14		should the Secretary, upon review, determine that substantial
15		justice has not been done in the revocation, suspension, or
16		refusal to issue or renew a license, or other disciplinary
17		action taken per the result of the entry of such hearing
18		officer's report, the Secretary may order a rehearing by the
19		same or another examiner.. If the Secretary disagrees with the
20		recommendation of the Board or hearing officer, he or she may
21		issue an order in contravention of the recommendation.
22		(Source: P.A. 96-682, eff. 8-25-09; revised 11-3-09.)
23		Section 465. The Elevator Safety and Regulation Act is
24		amended by changing Section 10 as follows:

SB3733 Engrossed - 1208 - LRB096 19592 AMC 34984 b
1		(225 ILCS 312/10)
2		(Section scheduled to be repealed on January 1, 2013)
3		Sec. 10. Applicability.
4		(a) This Act covers the construction, operation,
5		inspection, testing, maintenance, alteration, and repair of
6		the following equipment, its associated parts, and its
7		hoistways (except as modified by subsection (c) of this
8		Section):
9		(1) Hoisting and lowering mechanisms equipped with a
10		car or platform, which move between 2 or more landings.
11		This equipment includes, but is not limited to, the
12		following (also see ASME A17.1, ASME A17.3, and ASME
13		A18.1):
14		(A) Elevators.
15		(B) Platform lifts and stairway chair lifts.
16		(2) Power driven stairways and walkways for carrying
17		persons between landings. This equipment includes, but is
18		not limited to, the following (also see ASME A17.1 and ASME
19		A17.3):
20		(A) Escalators.
21		(B) Moving walks.
22		(3) Hoisting and lowering mechanisms equipped with a
23		car, which serves 2 or more landings and is restricted to
24		the carrying of material by its limited size or limited
25		access to the car. This equipment includes, but is not
26		limited to, the following (also see ASME A17.1 and ASME

SB3733 Engrossed - 1209 - LRB096 19592 AMC 34984 b
1		A17.3):
2		(A) Dumbwaiters.
3		(B) Material lifts and dumbwaiters with automatic
4		transfer devices.
5		(b) This Act covers the construction, operation,
6		inspection, maintenance, alteration, and repair of automatic
7		guided transit vehicles on guideways with an exclusive
8		right-of-way. This equipment includes, but is not limited to,
9		automated people movers (also see ASCE 21).
10		(c) This Act does not apply to the following equipment:
11		(1) Material hoists within the scope of ANSI A10.5.
12		(2) Manlifts within the scope of ASME A90.1.
13		(3) Mobile scaffolds, towers, and platforms within the
14		scope of ANSI A92.
15		(4) Powered platforms and equipment for exterior and
16		interior maintenance within the scope of ANSI 120.1.
17		(5) Conveyors and related equipment within the scope of
18		ASME B20.1.
19		(6) Cranes, derricks, hoists, hooks, jacks, and slings
20		within the scope of ASME B30.
21		(7) Industrial trucks within the scope of ASME B56.
22		(8) Portable equipment, except for portable escalators
23		that are covered by ANSI A17.1.
24		(9) Tiering or piling machines used to move materials
25		to and from storage located and operating entirely within
26		one story.

SB3733 Engrossed - 1210 - LRB096 19592 AMC 34984 b
1		(10) Equipment for feeding or positioning materials at
2		machine tools, printing presses, etc.
3		(11) Skip or furnace hoists.
4		(12) Wharf ramps.
5		(13) Railroad car lifts or dumpers.
6		(14) Line jacks, false cars, shafters, moving
7		platforms, and similar equipment used for installing an
8		elevator by a contractor licensed in this State.
9		(15) (Blank).
10		(16) Conveyances located in a private residence not
11		accessible to the public.
12		(17) Special purpose personnel elevators within the
13		scope of ASME A17.1 and used only by authorized personnel.
14		(18) Personnel hoists within the scope of ANSI A10.4.
15		(d) This Act does not apply to a municipality with a
16		population over 500,000.
17		(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09;
18		96-342, eff. 8-11-09; revised 9-4-09.)
19		Section 470. The Illinois Professional Land Surveyor Act of
20		1989 is amended by changing Section 5 as follows:
21		(225 ILCS 330/5) (from Ch. 111, par. 3255)
22		(Section scheduled to be repealed on January 1, 2020)
23		Sec. 5. Practice of land surveying defined. Any person who
24		practices in Illinois as a professional land surveyor who

SB3733 Engrossed - 1211 - LRB096 19592 AMC 34984 b
1		renders, offers to render, or holds himself or herself out as
2		able to render, or perform any service, the adequate
3		performance of which involves the special knowledge of the art
4		and application of the principles of the accurate and precise
5		measurement of length, angle, elevation or volume,
6		mathematics, the related physical and applied sciences, and the
7		relevant requirements of law, all of which are acquired by
8		education, training, experience, and examination. Any one or
9		combination of the following practices constitutes the
10		practice of land surveying:
11		(a) Establishing or reestablishing, locating,
12		defining, and making or monumenting land boundaries or
13		title or real property lines and the platting of lands and
14		subdivisions;
15		(b) Establishing the area or volume of any portion of
16		the earth's surface, subsurface, or airspace with respect
17		to boundary lines, determining the configuration or
18		contours of any portion of the earth's surface, subsurface,
19		or airspace or the location of fixed objects thereon,
20		except as performed by photogrammetric methods or except
21		when the level of accuracy required is less than the level
22		of accuracy required by the National Society of
23		Professional Surveyors Model Standards and Practice;
24		(c) Preparing descriptions for the determination of
25		title or real property rights to any portion or volume of
26		the earth's surface, subsurface, or airspace involving the

SB3733 Engrossed - 1212 - LRB096 19592 AMC 34984 b
1		lengths and direction of boundary lines, areas, parts of
2		platted parcels or the contours of the earth's surface,
3		subsurface, or airspace;
4		(d) Labeling, designating, naming, or otherwise
5		identifying legal lines or land title lines of the United
6		States Rectangular System or any subdivision thereof on any
7		plat, map, exhibit, photograph, photographic composite, or
8		mosaic or photogrammetric map of any portion of the earth's
9		surface for the purpose of recording the same in the Office
10		of Recorder in any county;
11		(e) Any act or combination of acts that would be viewed
12		as offering professional land surveying services
13		including:
14		(1) setting monuments which have the appearance of
15		or for the express purpose of marking land boundaries,
16		either directly or as an accessory;
17		(2) providing any sketch, map, plat, report,
18		monument record, or other document which indicates
19		land boundaries and monuments, or accessory monuments
20		thereto, except that if the sketch, map, plat, report,
21		monument record, or other document is a copy of an
22		original prepared by a Professional Land Surveyor, and
23		if proper reference to that fact be made on that
24		document;
25		(3) performing topographic surveys, with the
26		exception of a licensed professional engineer

SB3733 Engrossed - 1213 - LRB096 19592 AMC 34984 b
1		knowledgeable in topographical surveys that performs a
2		topographical survey specific to his or her design
3		project. A licensed professional engineer may not,
4		however, offer topographic surveying services that are
5		independent of his or her specific design project; or
6		(4) locating, relocating, establishing,
7		re-establishing, retracing, laying out, or staking
8		of the location, alignment, or elevation of any
9		proposed improvements whose location is dependant
10		upon property lines;
11		(f) Determining the horizontal or vertical position or
12		state plane coordinates for any monument or reference point
13		that marks a title or real property line, boundary, or
14		corner, or to set, reset, or replace any monument or
15		reference point on any title or real property;
16		(g) Creating, preparing, or modifying electronic or
17		computerized data or maps, including land information
18		systems and geographic information systems, relative to
19		the performance of activities in items (a), (b), (d), (e),
20		(f), and (h) of this Section, except where electronic means
21		or computerized data is otherwise utilized to integrate,
22		display, represent, or assess the created, prepared, or
23		modified data;
24		(h) Establishing or adjusting any control network or
25		any geodetic control network or cadastral data as it
26		pertains to items (a) through (g) of this Section together

SB3733 Engrossed - 1214 - LRB096 19592 AMC 34984 b
1		with the assignment of measured values to any United States
2		Rectangular System corners, title or real property corner
3		monuments or geodetic monuments;
4		(i) Preparing and attesting to the accuracy of a map or
5		plat showing the land boundaries or lines and marks and
6		monuments of the boundaries or of a map or plat showing the
7		boundaries of surface, subsurface, or air rights;
8		(j) Executing and issuing certificates, endorsements,
9		reports, or plats that portray the horizontal or vertical
10		relationship between existing physical objects or
11		structures and one or more corners, datums, or boundaries
12		of any portion of the earth's surface, subsurface, or
13		airspace;
14		(k) Acting in direct supervision and control of land
15		surveying activities or acting as a manager in any place of
16		business that solicits, performs, or practices land
17		surveying;
18		(l) Offering or soliciting to perform any of the
19		services set forth in this Section;
20		(m) In the performance of any of the foregoing functions, a
21		licensee shall adhere to the standards of professional conduct
22		enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in
23		this Section imposes upon a person licensed under this Act the
24		responsibility for the performance of any of the foregoing
25		functions unless such person specifically contracts to perform
26		such functions.

SB3733 Engrossed - 1215 - LRB096 19592 AMC 34984 b
1		(Source: P.A. 96-626, eff. 8-24-09; revised 11-3-09.)
2		Section 475. The Auction License Act is amended by changing
3		Section 15-10 as follows:
4		(225 ILCS 407/15-10)
5		(Section scheduled to be repealed on January 1, 2020)
6		Sec. 15-10. Auction contract. Any auctioneer or auction
7		firm shall not conduct an auction or provide an auction
8		service, unless the auctioneer or auction firm enters into a
9		written auction contract with the seller of any property at
10		auction prior to the date of the auction. Any agreement shall
11		state whether the auction is with reserve or absolute. The
12		agreement shall be signed by the auctioneer or auction firm
13		conducting an auction or providing an auction service and the
14		seller or sellers, or the legal agent of the seller or sellers
15		of the property to be offered at or by auction, and shall
16		include, but not be limited to the following disclosures:
17		(1) Licensees shall disclose:
18		(A) the name, license number, business address,
19		and phone number of the auctioneer or auction firm
20		conducting an auction or providing an auction service;
21		(B) the fee to be paid to the auctioneer or auction
22		firm for conducting an auction or providing an auction
23		service; and
24		(C) an estimate of the advertising costs that shall

SB3733 Engrossed - 1216 - LRB096 19592 AMC 34984 b
1		be paid by the seller or sellers of property at auction
2		and a disclosure that, if the actual advertising costs
3		exceeds 120% of the estimated advertising cost, the
4		auctioneer or auction firm shall pay the advertising
5		costs that exceed 120% of the estimated advertising
6		costs or shall have the seller or sellers agree in
7		writing to pay for the actual advertising costs in
8		excess of 120% of the estimated advertising costs; and .
9		(D) the buyer premium and the party to the
10		transaction that receives it.
11		(2) Sellers shall disclose:
12		(A) the name, address, and phone number of the
13		seller or sellers or the legal agent of the seller or
14		sellers of property to be sold at auction; and
15		(B) any mortgage, lien, easement, or encumbrance
16		of which the seller has knowledge on any property or
17		goods to be sold or leased at or by auction.
18		(Source: P.A. 96-730, eff. 8-25-09; revised 11-3-09.)
19		Section 480. The Real Estate Appraiser Licensing Act of
20		2002 is amended by changing Section 5-10 as follows:
21		(225 ILCS 458/5-10)
22		(Section scheduled to be repealed on January 1, 2012)
23		Sec. 5-10. Application for State certified general real
24		estate appraiser.

SB3733 Engrossed - 1217 - LRB096 19592 AMC 34984 b
1		(a) Every person who desires to obtain a State certified
2		general real estate appraiser license shall:
3		(1) apply to the Department on forms provided by the
4		Department accompanied by the required fee;
5		(2) be at least 18 years of age;
6		(3) (blank);
7		(4) personally take and pass an examination authorized
8		by the Department and endorsed by the AQB;
9		(5) prior to taking the examination, provide evidence
10		to the Department, in Modular Course format, with each
11		module conforming to the Real Property Appraiser
12		Qualification Criteria established and adopted by the AQB,
13		that he or she has successfully completed the prerequisite
14		classroom hours of instruction in appraising as
15		established by the AQB and by rule; and
16		(6) prior to taking the examination, provide evidence
17		to the Department that he or she has successfully completed
18		the prerequisite experience requirements in appraising as
19		established by AQB and by rule.
20		(b) Applicants must provide evidence to the Department of
21		(i) holding a Bachelor's degree or higher from an accredited
22		college or university or (ii) successfully passing 30 semester
23		credit hours or the equivalent from an accredited college or
24		university, junior college, or community college in the
25		following subjects:
26		(1) English composition;

SB3733 Engrossed - 1218 - LRB096 19592 AMC 34984 b
1		(2) micro economics;
2		(3) macro economics;
3		(4) finance;
4		(5) algebra, geometry, or higher mathematics;
5		(6) statistics;
6		(7) introduction to computers-word processing and
7		spreadsheets;
8		(8) business or real estate law; and
9		(9) two elective courses in accounting, geography,
10		agricultural economics, business management, or real
11		estate.
12		If an accredited college or university accepts the
13		College-Level Examination Program (CLEP) examinations and
14		issues a transcript for the exam showing its approval, it will
15		be considered credit for the college course for the purposes of
16		meeting the requirements of this subsection (b) (c).
17		(Source: P.A. 96-844, eff. 12-23-09; revised 1-4-10.)
18		Section 485. The Riverboat Gambling Act is amended by
19		changing Section 5 as follows:
20		(230 ILCS 10/5) (from Ch. 120, par. 2405)
21		Sec. 5. Gaming Board.
22		(a) (1) There is hereby established within the Department
23		of Revenue an Illinois Gaming Board which shall have the powers
24		and duties specified in this Act, and all other powers

SB3733 Engrossed - 1219 - LRB096 19592 AMC 34984 b
1		necessary and proper to fully and effectively execute this Act
2		for the purpose of administering, regulating, and enforcing the
3		system of riverboat gambling established by this Act. Its
4		jurisdiction shall extend under this Act to every person,
5		association, corporation, partnership and trust involved in
6		riverboat gambling operations in the State of Illinois.
7		(2) The Board shall consist of 5 members to be appointed by
8		the Governor with the advice and consent of the Senate, one of
9		whom shall be designated by the Governor to be chairman. Each
10		member shall have a reasonable knowledge of the practice,
11		procedure and principles of gambling operations. Each member
12		shall either be a resident of Illinois or shall certify that he
13		will become a resident of Illinois before taking office. At
14		least one member shall be experienced in law enforcement and
15		criminal investigation, at least one member shall be a
16		certified public accountant experienced in accounting and
17		auditing, and at least one member shall be a lawyer licensed to
18		practice law in Illinois.
19		(3) The terms of office of the Board members shall be 3
20		years, except that the terms of office of the initial Board
21		members appointed pursuant to this Act will commence from the
22		effective date of this Act and run as follows: one for a term
23		ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
24		a term ending July 1, 1993. Upon the expiration of the
25		foregoing terms, the successors of such members shall serve a
26		term for 3 years and until their successors are appointed and

SB3733 Engrossed - 1220 - LRB096 19592 AMC 34984 b
1		qualified for like terms. Vacancies in the Board shall be
2		filled for the unexpired term in like manner as original
3		appointments. Each member of the Board shall be eligible for
4		reappointment at the discretion of the Governor with the advice
5		and consent of the Senate.
6		(4) Each member of the Board shall receive $300 for each
7		day the Board meets and for each day the member conducts any
8		hearing pursuant to this Act. Each member of the Board shall
9		also be reimbursed for all actual and necessary expenses and
10		disbursements incurred in the execution of official duties.
11		(5) No person shall be appointed a member of the Board or
12		continue to be a member of the Board who is, or whose spouse,
13		child or parent is, a member of the board of directors of, or a
14		person financially interested in, any gambling operation
15		subject to the jurisdiction of this Board, or any race track,
16		race meeting, racing association or the operations thereof
17		subject to the jurisdiction of the Illinois Racing Board. No
18		Board member shall hold any other public office for which he
19		shall receive compensation other than necessary travel or other
20		incidental expenses. No person shall be a member of the Board
21		who is not of good moral character or who has been convicted
22		of, or is under indictment for, a felony under the laws of
23		Illinois or any other state, or the United States.
24		(6) Any member of the Board may be removed by the Governor
25		for neglect of duty, misfeasance, malfeasance, or nonfeasance
26		in office.

SB3733 Engrossed - 1221 - LRB096 19592 AMC 34984 b
1		(7) Before entering upon the discharge of the duties of his
2		office, each member of the Board shall take an oath that he
3		will faithfully execute the duties of his office according to
4		the laws of the State and the rules and regulations adopted
5		therewith and shall give bond to the State of Illinois,
6		approved by the Governor, in the sum of $25,000. Every such
7		bond, when duly executed and approved, shall be recorded in the
8		office of the Secretary of State. Whenever the Governor
9		determines that the bond of any member of the Board has become
10		or is likely to become invalid or insufficient, he shall
11		require such member forthwith to renew his bond, which is to be
12		approved by the Governor. Any member of the Board who fails to
13		take oath and give bond within 30 days from the date of his
14		appointment, or who fails to renew his bond within 30 days
15		after it is demanded by the Governor, shall be guilty of
16		neglect of duty and may be removed by the Governor. The cost of
17		any bond given by any member of the Board under this Section
18		shall be taken to be a part of the necessary expenses of the
19		Board.
20		(8) Upon the request of the Board, the Department shall
21		employ such personnel as may be necessary to carry out the
22		functions of the Board. No person shall be employed to serve
23		the Board who is, or whose spouse, parent or child is, an
24		official of, or has a financial interest in or financial
25		relation with, any operator engaged in gambling operations
26		within this State or any organization engaged in conducting

SB3733 Engrossed - 1222 - LRB096 19592 AMC 34984 b
1		horse racing within this State. Any employee violating these
2		prohibitions shall be subject to termination of employment.
3		(9) An Administrator shall perform any and all duties that
4		the Board shall assign him. The salary of the Administrator
5		shall be determined by the Board and approved by the Director
6		of the Department and, in addition, he shall be reimbursed for
7		all actual and necessary expenses incurred by him in discharge
8		of his official duties. The Administrator shall keep records of
9		all proceedings of the Board and shall preserve all records,
10		books, documents and other papers belonging to the Board or
11		entrusted to its care. The Administrator shall devote his full
12		time to the duties of the office and shall not hold any other
13		office or employment.
14		(b) The Board shall have general responsibility for the
15		implementation of this Act. Its duties include, without
16		limitation, the following:
17		(1) To decide promptly and in reasonable order all
18		license applications. Any party aggrieved by an action of
19		the Board denying, suspending, revoking, restricting or
20		refusing to renew a license may request a hearing before
21		the Board. A request for a hearing must be made to the
22		Board in writing within 5 days after service of notice of
23		the action of the Board. Notice of the action of the Board
24		shall be served either by personal delivery or by certified
25		mail, postage prepaid, to the aggrieved party. Notice
26		served by certified mail shall be deemed complete on the

SB3733 Engrossed - 1223 - LRB096 19592 AMC 34984 b
1		business day following the date of such mailing. The Board
2		shall conduct all requested hearings promptly and in
3		reasonable order;
4		(2) To conduct all hearings pertaining to civil
5		violations of this Act or rules and regulations promulgated
6		hereunder;
7		(3) To promulgate such rules and regulations as in its
8		judgment may be necessary to protect or enhance the
9		credibility and integrity of gambling operations
10		authorized by this Act and the regulatory process
11		hereunder;
12		(4) To provide for the establishment and collection of
13		all license and registration fees and taxes imposed by this
14		Act and the rules and regulations issued pursuant hereto.
15		All such fees and taxes shall be deposited into the State
16		Gaming Fund;
17		(5) To provide for the levy and collection of penalties
18		and fines for the violation of provisions of this Act and
19		the rules and regulations promulgated hereunder. All such
20		fines and penalties shall be deposited into the Education
21		Assistance Fund, created by Public Act 86-0018, of the
22		State of Illinois;
23		(6) To be present through its inspectors and agents any
24		time gambling operations are conducted on any riverboat for
25		the purpose of certifying the revenue thereof, receiving
26		complaints from the public, and conducting such other

SB3733 Engrossed - 1224 - LRB096 19592 AMC 34984 b
1		investigations into the conduct of the gambling games and
2		the maintenance of the equipment as from time to time the
3		Board may deem necessary and proper;
4		(7) To review and rule upon any complaint by a licensee
5		regarding any investigative procedures of the State which
6		are unnecessarily disruptive of gambling operations. The
7		need to inspect and investigate shall be presumed at all
8		times. The disruption of a licensee's operations shall be
9		proved by clear and convincing evidence, and establish
10		that: (A) the procedures had no reasonable law enforcement
11		purposes, and (B) the procedures were so disruptive as to
12		unreasonably inhibit gambling operations;
13		(8) To hold at least one meeting each quarter of the
14		fiscal year. In addition, special meetings may be called by
15		the Chairman or any 2 Board members upon 72 hours written
16		notice to each member. All Board meetings shall be subject
17		to the Open Meetings Act. Three members of the Board shall
18		constitute a quorum, and 3 votes shall be required for any
19		final determination by the Board. The Board shall keep a
20		complete and accurate record of all its meetings. A
21		majority of the members of the Board shall constitute a
22		quorum for the transaction of any business, for the
23		performance of any duty, or for the exercise of any power
24		which this Act requires the Board members to transact,
25		perform or exercise en banc, except that, upon order of the
26		Board, one of the Board members or an administrative law

SB3733 Engrossed - 1225 - LRB096 19592 AMC 34984 b
1		judge designated by the Board may conduct any hearing
2		provided for under this Act or by Board rule and may
3		recommend findings and decisions to the Board. The Board
4		member or administrative law judge conducting such hearing
5		shall have all powers and rights granted to the Board in
6		this Act. The record made at the time of the hearing shall
7		be reviewed by the Board, or a majority thereof, and the
8		findings and decision of the majority of the Board shall
9		constitute the order of the Board in such case;
10		(9) To maintain records which are separate and distinct
11		from the records of any other State board or commission.
12		Such records shall be available for public inspection and
13		shall accurately reflect all Board proceedings;
14		(10) To file a written annual report with the Governor
15		on or before March 1 each year and such additional reports
16		as the Governor may request. The annual report shall
17		include a statement of receipts and disbursements by the
18		Board, actions taken by the Board, and any additional
19		information and recommendations which the Board may deem
20		valuable or which the Governor may request;
21		(11) (Blank);
22		(12) To assume responsibility for the administration
23		and enforcement of the Bingo License and Tax Act, the
24		Charitable Games Act, and the Pull Tabs and Jar Games Act
25		if such responsibility is delegated to it by the Director
26		of Revenue; and

SB3733 Engrossed - 1226 - LRB096 19592 AMC 34984 b
1		(13) To assume responsibility for administration and
2		enforcement of the Video Gaming Act.
3		(c) The Board shall have jurisdiction over and shall
4		supervise all gambling operations governed by this Act. The
5		Board shall have all powers necessary and proper to fully and
6		effectively execute the provisions of this Act, including, but
7		not limited to, the following:
8		(1) To investigate applicants and determine the
9		eligibility of applicants for licenses and to select among
10		competing applicants the applicants which best serve the
11		interests of the citizens of Illinois.
12		(2) To have jurisdiction and supervision over all
13		riverboat gambling operations in this State and all persons
14		on riverboats where gambling operations are conducted.
15		(3) To promulgate rules and regulations for the purpose
16		of administering the provisions of this Act and to
17		prescribe rules, regulations and conditions under which
18		all riverboat gambling in the State shall be conducted.
19		Such rules and regulations are to provide for the
20		prevention of practices detrimental to the public interest
21		and for the best interests of riverboat gambling, including
22		rules and regulations regarding the inspection of such
23		riverboats and the review of any permits or licenses
24		necessary to operate a riverboat under any laws or
25		regulations applicable to riverboats, and to impose
26		penalties for violations thereof.

SB3733 Engrossed - 1227 - LRB096 19592 AMC 34984 b
1		(4) To enter the office, riverboats, facilities, or
2		other places of business of a licensee, where evidence of
3		the compliance or noncompliance with the provisions of this
4		Act is likely to be found.
5		(5) To investigate alleged violations of this Act or
6		the rules of the Board and to take appropriate disciplinary
7		action against a licensee or a holder of an occupational
8		license for a violation, or institute appropriate legal
9		action for enforcement, or both.
10		(6) To adopt standards for the licensing of all persons
11		under this Act, as well as for electronic or mechanical
12		gambling games, and to establish fees for such licenses.
13		(7) To adopt appropriate standards for all riverboats
14		and facilities.
15		(8) To require that the records, including financial or
16		other statements of any licensee under this Act, shall be
17		kept in such manner as prescribed by the Board and that any
18		such licensee involved in the ownership or management of
19		gambling operations submit to the Board an annual balance
20		sheet and profit and loss statement, list of the
21		stockholders or other persons having a 1% or greater
22		beneficial interest in the gambling activities of each
23		licensee, and any other information the Board deems
24		necessary in order to effectively administer this Act and
25		all rules, regulations, orders and final decisions
26		promulgated under this Act.

SB3733 Engrossed - 1228 - LRB096 19592 AMC 34984 b
1		(9) To conduct hearings, issue subpoenas for the
2		attendance of witnesses and subpoenas duces tecum for the
3		production of books, records and other pertinent documents
4		in accordance with the Illinois Administrative Procedure
5		Act, and to administer oaths and affirmations to the
6		witnesses, when, in the judgment of the Board, it is
7		necessary to administer or enforce this Act or the Board
8		rules.
9		(10) To prescribe a form to be used by any licensee
10		involved in the ownership or management of gambling
11		operations as an application for employment for their
12		employees.
13		(11) To revoke or suspend licenses, as the Board may
14		see fit and in compliance with applicable laws of the State
15		regarding administrative procedures, and to review
16		applications for the renewal of licenses. The Board may
17		suspend an owners license, without notice or hearing upon a
18		determination that the safety or health of patrons or
19		employees is jeopardized by continuing a riverboat's
20		operation. The suspension may remain in effect until the
21		Board determines that the cause for suspension has been
22		abated. The Board may revoke the owners license upon a
23		determination that the owner has not made satisfactory
24		progress toward abating the hazard.
25		(12) To eject or exclude or authorize the ejection or
26		exclusion of, any person from riverboat gambling

SB3733 Engrossed - 1229 - LRB096 19592 AMC 34984 b
1		facilities where such person is in violation of this Act,
2		rules and regulations thereunder, or final orders of the
3		Board, or where such person's conduct or reputation is such
4		that his presence within the riverboat gambling facilities
5		may, in the opinion of the Board, call into question the
6		honesty and integrity of the gambling operations or
7		interfere with orderly conduct thereof; provided that the
8		propriety of such ejection or exclusion is subject to
9		subsequent hearing by the Board.
10		(13) To require all licensees of gambling operations to
11		utilize a cashless wagering system whereby all players'
12		money is converted to tokens, electronic cards, or chips
13		which shall be used only for wagering in the gambling
14		establishment.
15		(14) (Blank).
16		(15) To suspend, revoke or restrict licenses, to
17		require the removal of a licensee or an employee of a
18		licensee for a violation of this Act or a Board rule or for
19		engaging in a fraudulent practice, and to impose civil
20		penalties of up to $5,000 against individuals and up to
21		$10,000 or an amount equal to the daily gross receipts,
22		whichever is larger, against licensees for each violation
23		of any provision of the Act, any rules adopted by the
24		Board, any order of the Board or any other action which, in
25		the Board's discretion, is a detriment or impediment to
26		riverboat gambling operations.

SB3733 Engrossed - 1230 - LRB096 19592 AMC 34984 b
1		(16) To hire employees to gather information, conduct
2		investigations and carry out any other tasks contemplated
3		under this Act.
4		(17) To establish minimum levels of insurance to be
5		maintained by licensees.
6		(18) To authorize a licensee to sell or serve alcoholic
7		liquors, wine or beer as defined in the Liquor Control Act
8		of 1934 on board a riverboat and to have exclusive
9		authority to establish the hours for sale and consumption
10		of alcoholic liquor on board a riverboat, notwithstanding
11		any provision of the Liquor Control Act of 1934 or any
12		local ordinance, and regardless of whether the riverboat
13		makes excursions. The establishment of the hours for sale
14		and consumption of alcoholic liquor on board a riverboat is
15		an exclusive power and function of the State. A home rule
16		unit may not establish the hours for sale and consumption
17		of alcoholic liquor on board a riverboat. This amendatory
18		Act of 1991 is a denial and limitation of home rule powers
19		and functions under subsection (h) of Section 6 of Article
20		VII of the Illinois Constitution.
21		(19) After consultation with the U.S. Army Corps of
22		Engineers, to establish binding emergency orders upon the
23		concurrence of a majority of the members of the Board
24		regarding the navigability of water, relative to
25		excursions, in the event of extreme weather conditions,
26		acts of God or other extreme circumstances.

SB3733 Engrossed - 1231 - LRB096 19592 AMC 34984 b
1		(20) To delegate the execution of any of its powers
2		under this Act for the purpose of administering and
3		enforcing this Act and its rules and regulations hereunder.
4		(20.6) To appoint investigators to conduct
5		investigations, searches, seizures, arrests, and other
6		duties imposed under this Act, as deemed necessary by the
7		Board. These investigators have and may exercise all of the
8		rights and powers of peace officers, provided that these
9		powers shall be limited to offenses or violations occurring
10		or committed on a riverboat or dock, as defined in
11		subsections (d) and (f) of Section 4, or as otherwise
12		provided by this Act or any other law.
13		(20.7) To contract with the Department of State Police
14		for the use of trained and qualified State police officers
15		and with the Department of Revenue for the use of trained
16		and qualified Department of Revenue investigators to
17		conduct investigations, searches, seizures, arrests, and
18		other duties imposed under this Act and to exercise all of
19		the rights and powers of peace officers, provided that the
20		powers of Department of Revenue investigators under this
21		subdivision (20.7) shall be limited to offenses or
22		violations occurring or committed on a riverboat or dock,
23		as defined in subsections (d) and (f) of Section 4, or as
24		otherwise provided by this Act or any other law. In the
25		event the Department of State Police or the Department of
26		Revenue is unable to fill contracted police or

SB3733 Engrossed - 1232 - LRB096 19592 AMC 34984 b
1		investigative positions, the Board may appoint
2		investigators to fill those positions pursuant to
3		subdivision (20.6).
4		(21) To take any other action as may be reasonable or
5		appropriate to enforce this Act and rules and regulations
6		hereunder.
7		(d) The Board may seek and shall receive the cooperation of
8		the Department of State Police in conducting background
9		investigations of applicants and in fulfilling its
10		responsibilities under this Section. Costs incurred by the
11		Department of State Police as a result of such cooperation
12		shall be paid by the Board in conformance with the requirements
13		of Section 2605-400 of the Department of State Police Law (20
14		ILCS 2605/2605-400).
15		(e) The Board must authorize to each investigator and to
16		any other employee of the Board exercising the powers of a
17		peace officer a distinct badge that, on its face, (i) clearly
18		states that the badge is authorized by the Board and (ii)
19		contains a unique identifying number. No other badge shall be
20		authorized by the Board.
21		(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; revised
22		8-20-09.)
23		Section 490. The Video Gaming Act is amended by changing
24		Sections 25 and 45 as follows:

SB3733 Engrossed - 1233 - LRB096 19592 AMC 34984 b
1		(230 ILCS 40/25)
2		Sec. 25. Restriction of licensees.
3		(a) Manufacturer. A person may not be licensed as a
4		manufacturer of a video gaming terminal in Illinois unless the
5		person has a valid manufacturer's license issued under this
6		Act. A manufacturer may only sell video gaming terminals for
7		use in Illinois to persons having a valid distributor's
8		license.
9		(b) Distributor. A person may not sell, distribute, or
10		lease or market a video gaming terminal in Illinois unless the
11		person has a valid distributor's license issued under this Act.
12		A distributor may only sell video gaming terminals for use in
13		Illinois to persons having a valid distributor's or terminal
14		operator's license.
15		(c) Terminal operator. A person may not own, maintain, or
16		place a video gaming terminal unless he has a valid terminal
17		operator's license issued under this Act. A terminal operator
18		may only place video gaming terminals for use in Illinois in
19		licensed establishments, licensed truck stop establishments,
20		licensed fraternal establishments, and licensed veterans
21		establishments. No terminal operator may give anything of
22		value, including but not limited to a loan or financing
23		arrangement, to a licensed establishment, licensed truck stop
24		establishment, licensed fraternal establishment, or licensed
25		veterans establishment as any incentive or inducement to locate
26		video terminals in that establishment. Of the after-tax profits

SB3733 Engrossed - 1234 - LRB096 19592 AMC 34984 b
1		from a video gaming terminal, 50% shall be paid to the terminal
2		operator and 50% shall be paid to the licensed establishment,
3		licensed truck stop establishment, licensed fraternal
4		establishment, or licensed veterans establishment,
5		notwithstanding nothwithstanding any agreement to the
6		contrary. No terminal operator may own or have a substantial
7		interest in more than 5% of the video gaming terminals licensed
8		in this State. A video terminal operator that violates one or
9		more requirements of this subsection is guilty of a Class 4
10		felony and is subject to termination of his or her license by
11		the Board.
12		(d) Licensed technician. A person may not service,
13		maintain, or repair a video gaming terminal in this State
14		unless he or she (1) has a valid technician's license issued
15		under this Act, (2) is a terminal operator, or (3) is employed
16		by a terminal operator, distributor, or manufacturer.
17		(d-5) Licensed terminal handler. No person, including, but
18		not limited to, an employee or independent contractor working
19		for a manufacturer, distributor, supplier, technician, or
20		terminal operator licensed pursuant to this Act, shall have
21		possession or control of a video gaming terminal, or access to
22		the inner workings of a video gaming terminal, unless that
23		person possesses a valid terminal handler's license issued
24		under this Act.
25		(e) Licensed establishment. No video gaming terminal may be
26		placed in any licensed establishment, licensed veterans

SB3733 Engrossed - 1235 - LRB096 19592 AMC 34984 b
1		establishment, licensed truck stop establishment, or licensed
2		fraternal establishment unless the owner or agent of the owner
3		of the licensed establishment, licensed veterans
4		establishment, licensed truck stop establishment, or licensed
5		fraternal establishment has entered into a written use
6		agreement with the terminal operator for placement of the
7		terminals. A copy of the use agreement shall be on file in the
8		terminal operator's place of business and available for
9		inspection by individuals authorized by the Board. A licensed
10		establishment, licensed truck stop establishment, licensed
11		veterans establishment, or licensed fraternal establishment
12		may operate up to 5 video gaming terminals on its premises at
13		any time.
14		(f) (Blank).
15		(g) Financial interest restrictions. As used in this Act,
16		"substantial interest" in a partnership, a corporation, an
17		organization, an association, or a business means:
18		(A) When, with respect to a sole proprietorship, an
19		individual or his or her spouse owns, operates,
20		manages, or conducts, directly or indirectly, the
21		organization, association, or business, or any part
22		thereof; or
23		(B) When, with respect to a partnership, the
24		individual or his or her spouse shares in any of the
25		profits, or potential profits, of the partnership
26		activities; or

SB3733 Engrossed - 1236 - LRB096 19592 AMC 34984 b
1		(C) When, with respect to a corporation, an
2		individual or his or her spouse is an officer or
3		director, or the individual or his or her spouse is a
4		holder, directly or beneficially, of 5% or more of any
5		class of stock of the corporation; or
6		(D) When, with respect to an organization not
7		covered in (A), (B) or (C) above, an individual or his
8		or her spouse is an officer or manages the business
9		affairs, or the individual or his or her spouse is the
10		owner of or otherwise controls 10% or more of the
11		assets of the organization; or
12		(E) When an individual or his or her spouse
13		furnishes 5% or more of the capital, whether in cash,
14		goods, or services, for the operation of any business,
15		association, or organization during any calendar year.
16		(h) Location restriction. A licensed establishment,
17		licensed truck stop establishment, licensed fraternal
18		establishment, or licensed veterans establishment that is (i)
19		located within 1,000 feet of a facility operated by an
20		organizational licensee, an intertrack wagering licensee, or
21		an intertrack wagering location licensee licensed under the
22		Illinois Horse Racing Act of 1975 or the home dock of a
23		riverboat licensed under the Riverboat Gambling Act or (ii)
24		located within with a 100 feet of a school or a place of
25		worship under the Religious Corporation Act, is ineligible to
26		operate a video gaming terminal.

SB3733 Engrossed - 1237 - LRB096 19592 AMC 34984 b
1		(i) The provisions of the Illinois Antitrust Act are fully
2		and equally applicable to the activities of any licensee under
3		this Act.
4		(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
5		eff. 7-13-09; revised 8-17-09.)
6		(230 ILCS 40/45)
7		Sec. 45. Issuance of license.
8		(a) The burden is upon each applicant to demonstrate his
9		suitability for licensure. Each video gaming terminal
10		manufacturer, distributor, supplier, operator, handler,
11		licensed establishment, licensed truck stop establishment,
12		licensed fraternal establishment, and licensed veterans
13		establishment shall be licensed by the Board. The Board may
14		issue or deny a license under this Act to any person pursuant
15		to the same criteria set forth in Section 9 of the Riverboat
16		Gambling Act.
17		(b) Each person seeking and possessing a license as a video
18		gaming terminal manufacturer, distributor, supplier, operator,
19		handler, licensed establishment, licensed truck stop
20		establishment, licensed fraternal establishment, or licensed
21		veterans establishment shall submit to a background
22		investigation conducted by the Board with the assistance of the
23		State Police or other law enforcement. The background
24		investigation shall include each beneficiary of a trust, each
25		partner of a partnership, and each director and officer and all

SB3733 Engrossed - 1238 - LRB096 19592 AMC 34984 b
1		stockholders of 5% or more in a parent or subsidiary
2		corporation of a video gaming terminal manufacturer,
3		distributor, supplier, operator, or licensed establishment,
4		licensed truck stop establishment, licensed fraternal
5		establishment, or licensed veterans establishment.
6		(c) Each person seeking and possessing a license as a video
7		gaming terminal manufacturer, distributor, supplier, operator,
8		handler, licensed establishment, licensed truck stop
9		establishment, licensed fraternal establishment, or licensed
10		veterans establishment shall disclose the identity of every
11		person, association, trust, or corporation having a greater
12		than 1% direct or indirect pecuniary interest in the video
13		gaming terminal operation for to which the license is sought.
14		If the disclosed entity is a trust, the application shall
15		disclose the names and addresses of the beneficiaries; if a
16		corporation, the names and addresses of all stockholders and
17		directors; or if a partnership, the names and addresses of all
18		partners, both general and limited.
19		(d) No person may be licensed as a video gaming terminal
20		manufacturer, distributor, supplier, operator, handler,
21		licensed establishment, licensed truck stop establishment,
22		licensed fraternal establishment, or licensed veterans
23		establishment if that person has been found by the Board to:
24		(1) have a background, including a criminal record,
25		reputation, habits, social or business associations, or
26		prior activities that pose a threat to the public interests

SB3733 Engrossed - 1239 - LRB096 19592 AMC 34984 b
1		of the State or to the security and integrity of video
2		gaming;
3		(2) create or enhance the dangers of unsuitable,
4		unfair, or illegal practices, methods, and activities in
5		the conduct of video gaming; or
6		(3) present questionable business practices and
7		financial arrangements incidental to the conduct of video
8		gaming activities.
9		(e) Any applicant for any license under this Act has the
10		burden of proving his or her qualifications to the satisfaction
11		of the Board. The Board may adopt rules to establish additional
12		qualifications and requirements to preserve the integrity and
13		security of video gaming in this State.
14		(f) A non-refundable application fee shall be paid at the
15		time an application for a license is filed with the Board in
16		the following amounts:
17		(1) Manufacturer..........................$5,000
18		(2) Distributor...........................$5,000
19		(3) Terminal operator.....................$5,000
20		(4) Supplier..............................$2,500
21		(5) Technician..............................$100
22		(6) Terminal Handler..............................$50
23		(g) The Board shall establish an annual fee for each
24		license not to exceed the following:
25		(1) Manufacturer.........................$10,000
26		(2) Distributor..........................$10,000

SB3733 Engrossed - 1240 - LRB096 19592 AMC 34984 b
1		(3) Terminal operator.....................$5,000
2		(4) Supplier..............................$2,000
3		(5) Technician..............................$100
4		(6) Licensed establishment, licensed truck stop
5		establishment, licensed fraternal establishment,
6		or licensed veterans establishment..............$100
7		(7) Video gaming terminal...................$100
8		(8) Terminal Handler..............................$50
9		(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
10		eff. 7-13-09; revised 8-17-09.)
11		Section 495. The Liquor Control Act of 1934 is amended by
12		changing Sections 3-12, 6-16.1, and 8-1 as follows:
13		(235 ILCS 5/3-12)
14		Sec. 3-12. Powers and duties of State Commission.
15		(a) The State commission shall have the following powers,
16		functions and duties:
17		(1) To receive applications and to issue licenses to
18		manufacturers, foreign importers, importing distributors,
19		distributors, non-resident dealers, on premise consumption
20		retailers, off premise sale retailers, special event
21		retailer licensees, special use permit licenses, auction
22		liquor licenses, brew pubs, caterer retailers,
23		non-beverage users, railroads, including owners and
24		lessees of sleeping, dining and cafe cars, airplanes,

SB3733 Engrossed - 1241 - LRB096 19592 AMC 34984 b
1		boats, brokers, and wine maker's premises licensees in
2		accordance with the provisions of this Act, and to suspend
3		or revoke such licenses upon the State commission's
4		determination, upon notice after hearing, that a licensee
5		has violated any provision of this Act or any rule or
6		regulation issued pursuant thereto and in effect for 30
7		days prior to such violation. Except in the case of an
8		action taken pursuant to a violation of Section 6-3, 6-5,
9		or 6-9, any action by the State Commission to suspend or
10		revoke a licensee's license may be limited to the license
11		for the specific premises where the violation occurred.
12		In lieu of suspending or revoking a license, the
13		commission may impose a fine, upon the State commission's
14		determination and notice after hearing, that a licensee has
15		violated any provision of this Act or any rule or
16		regulation issued pursuant thereto and in effect for 30
17		days prior to such violation. The fine imposed under this
18		paragraph may not exceed $500 for each violation. Each day
19		that the activity, which gave rise to the original fine,
20		continues is a separate violation. The maximum fine that
21		may be levied against any licensee, for the period of the
22		license, shall not exceed $20,000. The maximum penalty that
23		may be imposed on a licensee for selling a bottle of
24		alcoholic liquor with a foreign object in it or serving
25		from a bottle of alcoholic liquor with a foreign object in
26		it shall be the destruction of that bottle of alcoholic

SB3733 Engrossed - 1242 - LRB096 19592 AMC 34984 b
1		liquor for the first 10 bottles so sold or served from by
2		the licensee. For the eleventh bottle of alcoholic liquor
3		and for each third bottle thereafter sold or served from by
4		the licensee with a foreign object in it, the maximum
5		penalty that may be imposed on the licensee is the
6		destruction of the bottle of alcoholic liquor and a fine of
7		up to $50.
8		(2) To adopt such rules and regulations consistent with
9		the provisions of this Act which shall be necessary to
10		carry on its functions and duties to the end that the
11		health, safety and welfare of the People of the State of
12		Illinois shall be protected and temperance in the
13		consumption of alcoholic liquors shall be fostered and
14		promoted and to distribute copies of such rules and
15		regulations to all licensees affected thereby.
16		(3) To call upon other administrative departments of
17		the State, county and municipal governments, county and
18		city police departments and upon prosecuting officers for
19		such information and assistance as it deems necessary in
20		the performance of its duties.
21		(4) To recommend to local commissioners rules and
22		regulations, not inconsistent with the law, for the
23		distribution and sale of alcoholic liquors throughout the
24		State.
25		(5) To inspect, or cause to be inspected, any premises
26		in this State where alcoholic liquors are manufactured,

SB3733 Engrossed - 1243 - LRB096 19592 AMC 34984 b
1		distributed, warehoused, or sold.
2		(5.1) Upon receipt of a complaint or upon having
3		knowledge that any person is engaged in business as a
4		manufacturer, importing distributor, distributor, or
5		retailer without a license or valid license, to notify the
6		local liquor authority, file a complaint with the State's
7		Attorney's Office of the county where the incident
8		occurred, or initiate an investigation with the
9		appropriate law enforcement officials.
10		(5.2) To issue a cease and desist notice to persons
11		shipping alcoholic liquor into this State from a point
12		outside of this State if the shipment is in violation of
13		this Act.
14		(5.3) To receive complaints from licensees, local
15		officials, law enforcement agencies, organizations, and
16		persons stating that any licensee has been or is violating
17		any provision of this Act or the rules and regulations
18		issued pursuant to this Act. Such complaints shall be in
19		writing, signed and sworn to by the person making the
20		complaint, and shall state with specificity the facts in
21		relation to the alleged violation. If the Commission has
22		reasonable grounds to believe that the complaint
23		substantially alleges a violation of this Act or rules and
24		regulations adopted pursuant to this Act, it shall conduct
25		an investigation. If, after conducting an investigation,
26		the Commission is satisfied that the alleged violation did

SB3733 Engrossed - 1244 - LRB096 19592 AMC 34984 b
1		occur, it shall proceed with disciplinary action against
2		the licensee as provided in this Act.
3		(6) To hear and determine appeals from orders of a
4		local commission in accordance with the provisions of this
5		Act, as hereinafter set forth. Hearings under this
6		subsection shall be held in Springfield or Chicago, at
7		whichever location is the more convenient for the majority
8		of persons who are parties to the hearing.
9		(7) The commission shall establish uniform systems of
10		accounts to be kept by all retail licensees having more
11		than 4 employees, and for this purpose the commission may
12		classify all retail licensees having more than 4 employees
13		and establish a uniform system of accounts for each class
14		and prescribe the manner in which such accounts shall be
15		kept. The commission may also prescribe the forms of
16		accounts to be kept by all retail licensees having more
17		than 4 employees, including but not limited to accounts of
18		earnings and expenses and any distribution, payment, or
19		other distribution of earnings or assets, and any other
20		forms, records and memoranda which in the judgment of the
21		commission may be necessary or appropriate to carry out any
22		of the provisions of this Act, including but not limited to
23		such forms, records and memoranda as will readily and
24		accurately disclose at all times the beneficial ownership
25		of such retail licensed business. The accounts, forms,
26		records and memoranda shall be available at all reasonable

SB3733 Engrossed - 1245 - LRB096 19592 AMC 34984 b
1		times for inspection by authorized representatives of the
2		State commission or by any local liquor control
3		commissioner or his or her authorized representative. The
4		commission, may, from time to time, alter, amend or repeal,
5		in whole or in part, any uniform system of accounts, or the
6		form and manner of keeping accounts.
7		(8) In the conduct of any hearing authorized to be held
8		by the commission, to appoint, at the commission's
9		discretion, hearing officers to conduct hearings involving
10		complex issues or issues that will require a protracted
11		period of time to resolve, to examine, or cause to be
12		examined, under oath, any licensee, and to examine or cause
13		to be examined the books and records of such licensee; to
14		hear testimony and take proof material for its information
15		in the discharge of its duties hereunder; to administer or
16		cause to be administered oaths; for any such purpose to
17		issue subpoena or subpoenas to require the attendance of
18		witnesses and the production of books, which shall be
19		effective in any part of this State, and to adopt rules to
20		implement its powers under this paragraph (8).
21		Any Circuit Court may by order duly entered, require
22		the attendance of witnesses and the production of relevant
23		books subpoenaed by the State commission and the court may
24		compel obedience to its order by proceedings for contempt.
25		(9) To investigate the administration of laws in
26		relation to alcoholic liquors in this and other states and

SB3733 Engrossed - 1246 - LRB096 19592 AMC 34984 b
1		any foreign countries, and to recommend from time to time
2		to the Governor and through him or her to the legislature
3		of this State, such amendments to this Act, if any, as it
4		may think desirable and as will serve to further the
5		general broad purposes contained in Section 1-2 hereof.
6		(10) To adopt such rules and regulations consistent
7		with the provisions of this Act which shall be necessary
8		for the control, sale or disposition of alcoholic liquor
9		damaged as a result of an accident, wreck, flood, fire or
10		other similar occurrence.
11		(11) To develop industry educational programs related
12		to responsible serving and selling, particularly in the
13		areas of overserving consumers and illegal underage
14		purchasing and consumption of alcoholic beverages.
15		(11.1) To license persons providing education and
16		training to alcohol beverage sellers and servers under the
17		Beverage Alcohol Sellers and Servers Education and
18		Training (BASSET) programs and to develop and administer a
19		public awareness program in Illinois to reduce or eliminate
20		the illegal purchase and consumption of alcoholic beverage
21		products by persons under the age of 21. Application for a
22		license shall be made on forms provided by the State
23		Commission.
24		(12) To develop and maintain a repository of license
25		and regulatory information.
26		(13) On or before January 15, 1994, the Commission

SB3733 Engrossed - 1247 - LRB096 19592 AMC 34984 b
1		shall issue a written report to the Governor and General
2		Assembly that is to be based on a comprehensive study of
3		the impact on and implications for the State of Illinois of
4		Section 1926 of the Federal ADAMHA Reorganization Act of
5		1992 (Public Law 102-321). This study shall address the
6		extent to which Illinois currently complies with the
7		provisions of P.L. 102-321 and the rules promulgated
8		pursuant thereto.
9		As part of its report, the Commission shall provide the
10		following essential information:
11		(i) the number of retail distributors of tobacco
12		products, by type and geographic area, in the State;
13		(ii) the number of reported citations and
14		successful convictions, categorized by type and
15		location of retail distributor, for violation of the
16		Prevention of Tobacco Use by Minors and Sale and
17		Distribution of Tobacco Products Act and the Smokeless
18		Tobacco Limitation Act;
19		(iii) the extent and nature of organized
20		educational and governmental activities that are
21		intended to promote, encourage or otherwise secure
22		compliance with any Illinois laws that prohibit the
23		sale or distribution of tobacco products to minors; and
24		(iv) the level of access and availability of
25		tobacco products to individuals under the age of 18.
26		To obtain the data necessary to comply with the

SB3733 Engrossed - 1248 - LRB096 19592 AMC 34984 b
1		provisions of P.L. 102-321 and the requirements of this
2		report, the Commission shall conduct random, unannounced
3		inspections of a geographically and scientifically
4		representative sample of the State's retail tobacco
5		distributors.
6		The Commission shall consult with the Department of
7		Public Health, the Department of Human Services, the
8		Illinois State Police and any other executive branch
9		agency, and private organizations that may have
10		information relevant to this report.
11		The Commission may contract with the Food and Drug
12		Administration of the U.S. Department of Health and Human
13		Services to conduct unannounced investigations of Illinois
14		tobacco vendors to determine compliance with federal laws
15		relating to the illegal sale of cigarettes and smokeless
16		tobacco products to persons under the age of 18.
17		(14) On or before April 30, 2008 and every 2 years
18		thereafter, the Commission shall present a written report
19		to the Governor and the General Assembly that shall be
20		based on a study of the impact of this amendatory Act of
21		the 95th General Assembly on the business of soliciting,
22		selling, and shipping wine from inside and outside of this
23		State directly to residents of this State. As part of its
24		report, the Commission shall provide all of the following
25		information:
26		(A) The amount of State excise and sales tax

SB3733 Engrossed - 1249 - LRB096 19592 AMC 34984 b
1		revenues generated.
2		(B) The amount of licensing fees received.
3		(C) The number of cases of wine shipped from inside
4		and outside of this State directly to residents of this
5		State.
6		(D) The number of alcohol compliance operations
7		conducted.
8		(E) The number of winery shipper's licenses
9		issued.
10		(F) The number of each of the following: reported
11		violations; cease and desist notices issued by the
12		Commission; notices of violations issued by the
13		Commission and to the Department of Revenue; and
14		notices and complaints of violations to law
15		enforcement officials, including, without limitation,
16		the Illinois Attorney General and the U.S. Department
17		of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
18		(15) As a means to reduce the underage consumption of
19		alcoholic liquors, the Commission shall conduct alcohol
20		compliance operations to investigate whether businesses
21		that are soliciting, selling, and shipping wine from inside
22		or outside of this State directly to residents of this
23		State are licensed by this State or are selling or
24		attempting to sell wine to persons under 21 years of age in
25		violation of this Act.
26		(16) The Commission shall, in addition to notifying any

SB3733 Engrossed - 1250 - LRB096 19592 AMC 34984 b
1		appropriate law enforcement agency, submit notices of
2		complaints or violations of Sections 6-29 and 6-29.1 by
3		persons who do not hold a winery shipper's license under
4		this amendatory Act to the Illinois Attorney General and to
5		the U.S. Department of Treasury's Alcohol and Tobacco Tax
6		and Trade Bureau.
7		(17) (A) A person licensed to make wine under the laws
8		of another state who has a winery shipper's license under
9		this amendatory Act and annually produces less than 25,000
10		gallons of wine or a person who has a first-class or
11		second-class wine manufacturer's license, a first-class or
12		second-class wine-maker's license, or a limited wine
13		manufacturer's license under this Act and annually
14		produces less than 25,000 gallons of wine may make
15		application to the Commission for a self-distribution
16		exemption to allow the sale of not more than 5,000 gallons
17		of the exemption holder's wine to retail licensees per
18		year.
19		(B) In the application, which shall be sworn under
20		penalty of perjury, such person shall state (1) the
21		date it was established; (2) its volume of production
22		and sales for each year since its establishment; (3)
23		its efforts to establish distributor relationships;
24		(4) that a self-distribution exemption is necessary to
25		facilitate the marketing of its wine; and (5) that it
26		will comply with the liquor and revenue laws of the

SB3733 Engrossed - 1251 - LRB096 19592 AMC 34984 b
1		United States, this State, and any other state where it
2		is licensed.
3		(C) The Commission shall approve the application
4		for a self-distribution exemption if such person: (1)
5		is in compliance with State revenue and liquor laws;
6		(2) is not a member of any affiliated group that
7		produces more than 25,000 gallons of wine per annum or
8		produces any other alcoholic liquor; (3) will not
9		annually produce for sale more than 25,000 gallons of
10		wine; and (4) will not annually sell more than 5,000
11		gallons of its wine to retail licensees.
12		(D) A self-distribution exemption holder shall
13		annually certify to the Commission its production of
14		wine in the previous 12 months and its anticipated
15		production and sales for the next 12 months. The
16		Commission may fine, suspend, or revoke a
17		self-distribution exemption after a hearing if it
18		finds that the exemption holder has made a material
19		misrepresentation in its application, violated a
20		revenue or liquor law of Illinois, exceeded production
21		of 25,000 gallons of wine in any calendar year, or
22		become part of an affiliated group producing more than
23		25,000 gallons of wine or any other alcoholic liquor.
24		(E) Except in hearings for violations of this Act
25		or amendatory Act or a bona fide investigation by duly
26		sworn law enforcement officials, the Commission, or

SB3733 Engrossed - 1252 - LRB096 19592 AMC 34984 b
1		its agents, the Commission shall maintain the
2		production and sales information of a
3		self-distribution exemption holder as confidential and
4		shall not release such information to any person.
5		(F) The Commission shall issue regulations
6		governing self-distribution exemptions consistent with
7		this Section and this Act.
8		(G) Nothing in this subsection (17) shall prohibit
9		a self-distribution exemption holder from entering
10		into or simultaneously having a distribution agreement
11		with a licensed Illinois distributor.
12		(H) It is the intent of this subsection (17) to
13		promote and continue orderly markets. The General
14		Assembly finds that in order to preserve Illinois'
15		regulatory distribution system it is necessary to
16		create an exception for smaller makers of wine as their
17		wines are frequently adjusted in varietals, mixes,
18		vintages, and taste to find and create market niches
19		sometimes too small for distributor or importing
20		distributor business strategies. Limited
21		self-distribution rights will afford and allow smaller
22		makers of wine access to the marketplace in order to
23		develop a customer base without impairing the
24		integrity of the 3-tier system.
25		(b) On or before April 30, 1999, the Commission shall
26		present a written report to the Governor and the General

SB3733 Engrossed - 1253 - LRB096 19592 AMC 34984 b
1		Assembly that shall be based on a study of the impact of this
2		amendatory Act of 1998 on the business of soliciting, selling,
3		and shipping alcoholic liquor from outside of this State
4		directly to residents of this State.
5		As part of its report, the Commission shall provide the
6		following information:
7		(i) the amount of State excise and sales tax revenues
8		generated as a result of this amendatory Act of 1998;
9		(ii) the amount of licensing fees received as a result
10		of this amendatory Act of 1998;
11		(iii) the number of reported violations, the number of
12		cease and desist notices issued by the Commission, the
13		number of notices of violations issued to the Department of
14		Revenue, and the number of notices and complaints of
15		violations to law enforcement officials.
16		(Source: P.A. 95-634, eff. 6-1-08; 96-179, eff. 8-10-09;
17		96-446, eff. 1-1-10; revised 10-19-09.)
18		(235 ILCS 5/6-16.1)
19		Sec. 6-16.1. Enforcement actions.
20		(a) A licensee or an officer, associate, member,
21		representative, agent, or employee of a licensee may sell,
22		give, or deliver alcoholic liquor to a person under the age of
23		21 years or authorize the sale, gift, or delivery of alcoholic
24		liquor to a person under the age of 21 years pursuant to a plan
25		or action to investigate, patrol, or otherwise conduct a "sting

SB3733 Engrossed - 1254 - LRB096 19592 AMC 34984 b
1		operation" or enforcement action against a person employed by
2		the licensee or on any licensed premises if the licensee or
3		officer, associate, member, representative, agent, or employee
4		of the licensee provides written notice, at least 14 days
5		before the "sting operation" or enforcement action, unless
6		governing body of the municipality or county having
7		jurisdiction sets a shorter period by ordinance, to the law
8		enforcement agency having jurisdiction, the local liquor
9		control commissioner, or both. Notice provided under this
10		Section shall be valid for a "sting operation" or enforcement
11		action conducted within 60 days of the provision of that
12		notice, unless the governing body of the municipality or county
13		having jurisdiction sets a shorter period by ordinance.
14		(b) A local liquor control commission or unit of local
15		government that conducts alcohol and tobacco compliance
16		operations shall establish a policy and standards for alcohol
17		and tobacco compliance operations to investigate whether a
18		licensee is furnishing (1) alcoholic liquor to persons under 21
19		years of age in violation of this Act or (2) tobacco to persons
20		in violation of the Prevention of Tobacco Use by Minors and
21		Sale and Distribution of Tobacco Products Act.
22		(c) The Illinois Law Enforcement Training Standards Board
23		shall develop a model policy and guidelines for the operation
24		of alcohol and tobacco compliance checks by local law
25		enforcement officers. The Illinois Law Enforcement Training
26		Standards Board shall also require the supervising officers of

SB3733 Engrossed - 1255 - LRB096 19592 AMC 34984 b
1		such compliance checks to have met a minimum training standard
2		as determined by the Board. The Board shall have the right to
3		waive any training based on current written policies and
4		procedures for alcohol and tobacco compliance check operations
5		and in-service training already administered by the local law
6		enforcement agency, department, or office.
7		(d) The provisions of subsections (b) and (c) do not apply
8		to a home rule unit with more than 2,000,000 inhabitants.
9		(e) A home rule unit, other than a home rule unit with more
10		than 2,000,000 inhabitants, may not regulate enforcement
11		actions in a manner inconsistent with the regulation of
12		enforcement actions under this Section. This subsection (e) is
13		a limitation under subsection (i) of Section 6 of Article VII
14		of the Illinois Constitution on the concurrent exercise by home
15		rule units of powers and functions exercised by the State.
16		(f) A licensee who is the subject of an enforcement action
17		or "sting operation" under this Section and is found, pursuant
18		to the enforcement action, to be in compliance with this Act
19		shall be notified by the enforcement agency action that no
20		violation was found within 30 days after the finding.
21		(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
22		revised 10-19-09.)
23		(235 ILCS 5/8-1)
24		Sec. 8-1. A tax is imposed upon the privilege of engaging
25		in business as a manufacturer or as an importing distributor of

SB3733 Engrossed - 1256 - LRB096 19592 AMC 34984 b
1		alcoholic liquor other than beer at the rate of $0.185 per
2		gallon until September 1, 2009 and $0.231 per gallon beginning
3		September 1, 2009 for cider containing not less than 0.5%
4		alcohol by volume nor more than 7% alcohol by volume, $0.73 per
5		gallon until September 1, 2009 and $1.39 per gallon beginning
6		September 1, 2009 for wine other than cider containing less
7		than 7% alcohol by volume, and $4.50 per gallon until September
8		1, 2009 and $8.55 per gallon beginning September 1, 2009 on
9		alcohol and spirits manufactured and sold or used by such
10		manufacturer, or as agent for any other person, or sold or used
11		by such importing distributor, or as agent for any other
12		person. A tax is imposed upon the privilege of engaging in
13		business as a manufacturer of beer or as an importing
14		distributor of beer at the rate of $0.185 per gallon until
15		September 1, 2009 and $0.231 per gallon beginning September 1,
16		2009 on all beer manufactured and sold or used by such
17		manufacturer, or as agent for any other person, or sold or used
18		by such importing distributor, or as agent for any other
19		person. Any brewer manufacturing beer in this State shall be
20		entitled to and given a credit or refund of 75% of the tax
21		imposed on each gallon of beer up to 4.9 million gallons per
22		year in any given calendar year for tax paid or payable on beer
23		produced and sold in the State of Illinois.
24		For the purpose of this Section, "cider" means any
25		alcoholic beverage obtained by the alcohol fermentation of the
26		juice of apples or pears including, but not limited to,

SB3733 Engrossed - 1257 - LRB096 19592 AMC 34984 b
1		flavored, sparkling, or carbonated cider.
2		The credit or refund created by this Act shall apply to all
3		beer taxes in the calendar years 1982 through 1986.
4		The increases made by this amendatory Act of the 91st
5		General Assembly in the rates of taxes imposed under this
6		Section shall apply beginning on July 1, 1999.
7		A tax at the rate of 1¢ per gallon on beer and 48¢ per
8		gallon on alcohol and spirits is also imposed upon the
9		privilege of engaging in business as a retailer or as a
10		distributor who is not also an importing distributor with
11		respect to all beer and all alcohol and spirits owned or
12		possessed by such retailer or distributor when this amendatory
13		Act of 1969 becomes effective, and with respect to which the
14		additional tax imposed by this amendatory Act upon
15		manufacturers and importing distributors does not apply.
16		Retailers and distributors who are subject to the additional
17		tax imposed by this paragraph of this Section shall be required
18		to inventory such alcoholic liquor and to pay this additional
19		tax in a manner prescribed by the Department.
20		The provisions of this Section shall be construed to apply
21		to any importing distributor engaging in business in this
22		State, whether licensed or not.
23		However, such tax is not imposed upon any such business as
24		to any alcoholic liquor shipped outside Illinois by an Illinois
25		licensed manufacturer or importing distributor, nor as to any
26		alcoholic liquor delivered in Illinois by an Illinois licensed

SB3733 Engrossed - 1258 - LRB096 19592 AMC 34984 b
1		manufacturer or importing distributor to a purchaser for
2		immediate transportation by the purchaser to another state into
3		which the purchaser has a legal right, under the laws of such
4		state, to import such alcoholic liquor, nor as to any alcoholic
5		liquor other than beer sold by one Illinois licensed
6		manufacturer or importing distributor to another Illinois
7		licensed manufacturer or importing distributor to the extent to
8		which the sale of alcoholic liquor other than beer by one
9		Illinois licensed manufacturer or importing distributor to
10		another Illinois licensed manufacturer or importing
11		distributor is authorized by the licensing provisions of this
12		Act, nor to alcoholic liquor whether manufactured in or
13		imported into this State when sold to a "non-beverage user"
14		licensed by the State for use in the manufacture of any of the
15		following when they are unfit for beverage purposes:
16		Patent and proprietary medicines and medicinal,
17		antiseptic, culinary and toilet preparations;
18		Flavoring extracts and syrups and food products;
19		Scientific, industrial and chemical products, excepting
20		denatured alcohol;
21		Or for scientific, chemical, experimental or mechanical
22		purposes;
23		Nor is the tax imposed upon the privilege of engaging in
24		any business in interstate commerce or otherwise, which
25		business may not, under the Constitution and Statutes of the
26		United States, be made the subject of taxation by this State.

SB3733 Engrossed - 1259 - LRB096 19592 AMC 34984 b
1		The tax herein imposed shall be in addition to all other
2		occupation or privilege taxes imposed by the State of Illinois
3		or political subdivision thereof.
4		If any alcoholic liquor manufactured in or imported into
5		this State is sold to a licensed manufacturer or importing
6		distributor by a licensed manufacturer or importing
7		distributor to be used solely as an ingredient in the
8		manufacture of any beverage for human consumption, the tax
9		imposed upon such purchasing manufacturer or importing
10		distributor shall be reduced by the amount of the taxes which
11		have been paid by the selling manufacturer or importing
12		distributor under this Act as to such alcoholic liquor so used
13		to the Department of Revenue.
14		If any person received any alcoholic liquors from a
15		manufacturer or importing distributor, with respect to which
16		alcoholic liquors no tax is imposed under this Article, and
17		such alcoholic liquor shall thereafter be disposed of in such
18		manner or under such circumstances as may cause the same to
19		become the base for the tax imposed by this Article, such
20		person shall make the same reports and returns, pay the same
21		taxes and be subject to all other provisions of this Article
22		relating to manufacturers and importing distributors.
23		Nothing in this Article shall be construed to require the
24		payment to the Department of the taxes imposed by this Article
25		more than once with respect to any quantity of alcoholic liquor
26		sold or used within this State.

SB3733 Engrossed - 1260 - LRB096 19592 AMC 34984 b
1		No tax is imposed by this Act on sales of alcoholic liquor
2		by Illinois licensed foreign importers to Illinois licensed
3		importing distributors.
4		All of the proceeds of the additional tax imposed by Public
5		Act 96-34 this amendatory Act of the 96th General Assembly
6		shall be deposited by the Department into the Capital Projects
7		Fund. The remainder of the tax imposed by this Act shall be
8		deposited by the Department into the General Revenue Fund.
9		The provisions of this Section 8-1 are severable under
10		Section 1.31 of the Statute on Statutes.
11		(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
12		eff. 7-13-09; revised 8-20-09.)
13		Section 500. The Illinois Public Aid Code is amended by
14		changing Sections 4-2, 5-2, 5-5.4, 5-5, 12-4.11, and 12-4.201
15		and by setting forth and renumbering multiple versions of
16		Section 12-4.37 as follows:
17		(305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
18		Sec. 4-2. Amount of aid.
19		(a) The amount and nature of financial aid shall be
20		determined in accordance with the grant amounts, rules and
21		regulations of the Illinois Department. Due regard shall be
22		given to the self-sufficiency requirements of the family and to
23		the income, money contributions and other support and resources
24		available, from whatever source. However, the amount and nature

SB3733 Engrossed - 1261 - LRB096 19592 AMC 34984 b
1		of any financial aid is not affected by the payment of any
2		grant under the "Senior Citizens and Disabled Persons Property
3		Tax Relief and Pharmaceutical Assistance Act" or any
4		distributions or items of income described under subparagraph
5		(X) of paragraph (2) of subsection (a) of Section 203 of the
6		Illinois Income Tax Act. The aid shall be sufficient, when
7		added to all other income, money contributions and support to
8		provide the family with a grant in the amount established by
9		Department regulation. Beginning July 1, 2008, the Department
10		of Human Services shall increase TANF grant amounts in effect
11		on June 30, 2008 by 9%.
12		Subject to appropriation, beginning on July 1, 2008, the
13		Department of Human Services shall increase TANF grant amounts
14		in effect on June 30, 2008 by 15%. The Department is authorized
15		to administer this increase but may not otherwise adopt any
16		rule to implement this increase.
17		(b) The Illinois Department may conduct special projects,
18		which may be known as Grant Diversion Projects, under which
19		recipients of financial aid under this Article are placed in
20		jobs and their grants are diverted to the employer who in turn
21		makes payments to the recipients in the form of salary or other
22		employment benefits. The Illinois Department shall by rule
23		specify the terms and conditions of such Grant Diversion
24		Projects. Such projects shall take into consideration and be
25		coordinated with the programs administered under the Illinois
26		Emergency Employment Development Act.

SB3733 Engrossed - 1262 - LRB096 19592 AMC 34984 b
1		(c) The amount and nature of the financial aid for a child
2		requiring care outside his own home shall be determined in
3		accordance with the rules and regulations of the Illinois
4		Department, with due regard to the needs and requirements of
5		the child in the foster home or institution in which he has
6		been placed.
7		(d) If the Department establishes grants for family units
8		consisting exclusively of a pregnant woman with no dependent
9		child or including her husband if living with her, the grant
10		amount for such a unit shall be equal to the grant amount for
11		an assistance unit consisting of one adult, or 2 persons if the
12		husband is included. Other than as herein described, an unborn
13		child shall not be counted in determining the size of an
14		assistance unit or for calculating grants.
15		Payments for basic maintenance requirements of a child or
16		children and the relative with whom the child or children are
17		living shall be prescribed, by rule, by the Illinois
18		Department.
19		Grants under this Article shall not be supplemented by
20		General Assistance provided under Article VI.
21		(e) Grants shall be paid to the parent or other person with
22		whom the child or children are living, except for such amount
23		as is paid in behalf of the child or his parent or other
24		relative to other persons or agencies pursuant to this Code or
25		the rules and regulations of the Illinois Department.
26		(f) Subject to subsection (f-5), an assistance unit,

SB3733 Engrossed - 1263 - LRB096 19592 AMC 34984 b
1		receiving financial aid under this Article or temporarily
2		ineligible to receive aid under this Article under a penalty
3		imposed by the Illinois Department for failure to comply with
4		the eligibility requirements or that voluntarily requests
5		termination of financial assistance under this Article and
6		becomes subsequently eligible for assistance within 9 months,
7		shall not receive any increase in the amount of aid solely on
8		account of the birth of a child; except that an increase is not
9		prohibited when the birth is (i) of a child of a pregnant woman
10		who became eligible for aid under this Article during the
11		pregnancy, or (ii) of a child born within 10 months after the
12		date of implementation of this subsection, or (iii) of a child
13		conceived after a family became ineligible for assistance due
14		to income or marriage and at least 3 months of ineligibility
15		expired before any reapplication for assistance. This
16		subsection does not, however, prevent a unit from receiving a
17		general increase in the amount of aid that is provided to all
18		recipients of aid under this Article.
19		The Illinois Department is authorized to transfer funds,
20		and shall use any budgetary savings attributable to not
21		increasing the grants due to the births of additional children,
22		to supplement existing funding for employment and training
23		services for recipients of aid under this Article IV. The
24		Illinois Department shall target, to the extent the
25		supplemental funding allows, employment and training services
26		to the families who do not receive a grant increase after the

SB3733 Engrossed - 1264 - LRB096 19592 AMC 34984 b
1		birth of a child. In addition, the Illinois Department shall
2		provide, to the extent the supplemental funding allows, such
3		families with up to 24 months of transitional child care
4		pursuant to Illinois Department rules. All remaining
5		supplemental funds shall be used for employment and training
6		services or transitional child care support.
7		In making the transfers authorized by this subsection, the
8		Illinois Department shall first determine, pursuant to
9		regulations adopted by the Illinois Department for this
10		purpose, the amount of savings attributable to not increasing
11		the grants due to the births of additional children. Transfers
12		may be made from General Revenue Fund appropriations for
13		distributive purposes authorized by Article IV of this Code
14		only to General Revenue Fund appropriations for employability
15		development services including operating and administrative
16		costs and related distributive purposes under Article IXA of
17		this Code. The Director, with the approval of the Governor,
18		shall certify the amount and affected line item appropriations
19		to the State Comptroller.
20		Nothing in this subsection shall be construed to prohibit
21		the Illinois Department from using funds under this Article IV
22		to provide assistance in the form of vouchers that may be used
23		to pay for goods and services deemed by the Illinois
24		Department, by rule, as suitable for the care of the child such
25		as diapers, clothing, school supplies, and cribs.
26		(f-5) Subsection (f) shall not apply to affect the monthly

SB3733 Engrossed - 1265 - LRB096 19592 AMC 34984 b
1		assistance amount of any family as a result of the birth of a
2		child on or after January 1, 2004. As resources permit after
3		January 1, 2004, the Department may cease applying subsection
4		(f) to limit assistance to families receiving assistance under
5		this Article on January 1, 2004, with respect to children born
6		prior to that date. In any event, subsection (f) shall be
7		completely inoperative on and after July 1, 2007.
8		(g) (Blank).
9		(h) Notwithstanding any other provision of this Code, the
10		Illinois Department is authorized to reduce payment levels used
11		to determine cash grants under this Article after December 31
12		of any fiscal year if the Illinois Department determines that
13		the caseload upon which the appropriations for the current
14		fiscal year are based have increased by more than 5% and the
15		appropriation is not sufficient to ensure that cash benefits
16		under this Article do not exceed the amounts appropriated for
17		those cash benefits. Reductions in payment levels may be
18		accomplished by emergency rule under Section 5-45 of the
19		Illinois Administrative Procedure Act, except that the
20		limitation on the number of emergency rules that may be adopted
21		in a 24-month period shall not apply and the provisions of
22		Sections 5-115 and 5-125 of the Illinois Administrative
23		Procedure Act shall not apply. Increases in payment levels
24		shall be accomplished only in accordance with Section 5-40 of
25		the Illinois Administrative Procedure Act. Before any rule to
26		increase payment levels promulgated under this Section shall

SB3733 Engrossed - 1266 - LRB096 19592 AMC 34984 b
1		become effective, a joint resolution approving the rule must be
2		adopted by a roll call vote by a majority of the members
3		elected to each chamber of the General Assembly.
4		(Source: P.A. 95-744, eff. 7-18-08; 95-1055, eff. 4-10-09;
5		revised 4-14-09.)
6		(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
7		Sec. 5-2. Classes of Persons Eligible. Medical assistance
8		under this Article shall be available to any of the following
9		classes of persons in respect to whom a plan for coverage has
10		been submitted to the Governor by the Illinois Department and
11		approved by him:
12		1. Recipients of basic maintenance grants under
13		Articles III and IV.
14		2. Persons otherwise eligible for basic maintenance
15		under Articles III and IV, excluding any eligibility
16		requirements that are inconsistent with any federal law or
17		federal regulation, as interpreted by the U.S. Department
18		of Health and Human Services, but who fail to qualify
19		thereunder on the basis of need or who qualify but are not
20		receiving basic maintenance under Article IV, and who have
21		insufficient income and resources to meet the costs of
22		necessary medical care, including but not limited to the
23		following:
24		(a) All persons otherwise eligible for basic
25		maintenance under Article III but who fail to qualify

SB3733 Engrossed - 1267 - LRB096 19592 AMC 34984 b
1		under that Article on the basis of need and who meet
2		either of the following requirements:
3		(i) their income, as determined by the
4		Illinois Department in accordance with any federal
5		requirements, is equal to or less than 70% in
6		fiscal year 2001, equal to or less than 85% in
7		fiscal year 2002 and until a date to be determined
8		by the Department by rule, and equal to or less
9		than 100% beginning on the date determined by the
10		Department by rule, of the nonfarm income official
11		poverty line, as defined by the federal Office of
12		Management and Budget and revised annually in
13		accordance with Section 673(2) of the Omnibus
14		Budget Reconciliation Act of 1981, applicable to
15		families of the same size; or
16		(ii) their income, after the deduction of
17		costs incurred for medical care and for other types
18		of remedial care, is equal to or less than 70% in
19		fiscal year 2001, equal to or less than 85% in
20		fiscal year 2002 and until a date to be determined
21		by the Department by rule, and equal to or less
22		than 100% beginning on the date determined by the
23		Department by rule, of the nonfarm income official
24		poverty line, as defined in item (i) of this
25		subparagraph (a).
26		(b) All persons who, excluding any eligibility

SB3733 Engrossed - 1268 - LRB096 19592 AMC 34984 b
1		requirements that are inconsistent with any federal
2		law or federal regulation, as interpreted by the U.S.
3		Department of Health and Human Services, would be
4		determined eligible for such basic maintenance under
5		Article IV by disregarding the maximum earned income
6		permitted by federal law.
7		3. Persons who would otherwise qualify for Aid to the
8		Medically Indigent under Article VII.
9		4. Persons not eligible under any of the preceding
10		paragraphs who fall sick, are injured, or die, not having
11		sufficient money, property or other resources to meet the
12		costs of necessary medical care or funeral and burial
13		expenses.
14		5.(a) Women during pregnancy, after the fact of
15		pregnancy has been determined by medical diagnosis, and
16		during the 60-day period beginning on the last day of the
17		pregnancy, together with their infants and children born
18		after September 30, 1983, whose income and resources are
19		insufficient to meet the costs of necessary medical care to
20		the maximum extent possible under Title XIX of the Federal
21		Social Security Act.
22		(b) The Illinois Department and the Governor shall
23		provide a plan for coverage of the persons eligible under
24		paragraph 5(a) by April 1, 1990. Such plan shall provide
25		ambulatory prenatal care to pregnant women during a
26		presumptive eligibility period and establish an income

SB3733 Engrossed - 1269 - LRB096 19592 AMC 34984 b
1		eligibility standard that is equal to 133% of the nonfarm
2		income official poverty line, as defined by the federal
3		Office of Management and Budget and revised annually in
4		accordance with Section 673(2) of the Omnibus Budget
5		Reconciliation Act of 1981, applicable to families of the
6		same size, provided that costs incurred for medical care
7		are not taken into account in determining such income
8		eligibility.
9		(c) The Illinois Department may conduct a
10		demonstration in at least one county that will provide
11		medical assistance to pregnant women, together with their
12		infants and children up to one year of age, where the
13		income eligibility standard is set up to 185% of the
14		nonfarm income official poverty line, as defined by the
15		federal Office of Management and Budget. The Illinois
16		Department shall seek and obtain necessary authorization
17		provided under federal law to implement such a
18		demonstration. Such demonstration may establish resource
19		standards that are not more restrictive than those
20		established under Article IV of this Code.
21		6. Persons under the age of 18 who fail to qualify as
22		dependent under Article IV and who have insufficient income
23		and resources to meet the costs of necessary medical care
24		to the maximum extent permitted under Title XIX of the
25		Federal Social Security Act.
26		7. Persons who are under 21 years of age and would

SB3733 Engrossed - 1270 - LRB096 19592 AMC 34984 b
1		qualify as disabled as defined under the Federal
2		Supplemental Security Income Program, provided medical
3		service for such persons would be eligible for Federal
4		Financial Participation, and provided the Illinois
5		Department determines that:
6		(a) the person requires a level of care provided by
7		a hospital, skilled nursing facility, or intermediate
8		care facility, as determined by a physician licensed to
9		practice medicine in all its branches;
10		(b) it is appropriate to provide such care outside
11		of an institution, as determined by a physician
12		licensed to practice medicine in all its branches;
13		(c) the estimated amount which would be expended
14		for care outside the institution is not greater than
15		the estimated amount which would be expended in an
16		institution.
17		8. Persons who become ineligible for basic maintenance
18		assistance under Article IV of this Code in programs
19		administered by the Illinois Department due to employment
20		earnings and persons in assistance units comprised of
21		adults and children who become ineligible for basic
22		maintenance assistance under Article VI of this Code due to
23		employment earnings. The plan for coverage for this class
24		of persons shall:
25		(a) extend the medical assistance coverage for up
26		to 12 months following termination of basic

SB3733 Engrossed - 1271 - LRB096 19592 AMC 34984 b
1		maintenance assistance; and
2		(b) offer persons who have initially received 6
3		months of the coverage provided in paragraph (a) above,
4		the option of receiving an additional 6 months of
5		coverage, subject to the following:
6		(i) such coverage shall be pursuant to
7		provisions of the federal Social Security Act;
8		(ii) such coverage shall include all services
9		covered while the person was eligible for basic
10		maintenance assistance;
11		(iii) no premium shall be charged for such
12		coverage; and
13		(iv) such coverage shall be suspended in the
14		event of a person's failure without good cause to
15		file in a timely fashion reports required for this
16		coverage under the Social Security Act and
17		coverage shall be reinstated upon the filing of
18		such reports if the person remains otherwise
19		eligible.
20		9. Persons with acquired immunodeficiency syndrome
21		(AIDS) or with AIDS-related conditions with respect to whom
22		there has been a determination that but for home or
23		community-based services such individuals would require
24		the level of care provided in an inpatient hospital,
25		skilled nursing facility or intermediate care facility the
26		cost of which is reimbursed under this Article. Assistance

SB3733 Engrossed - 1272 - LRB096 19592 AMC 34984 b
1		shall be provided to such persons to the maximum extent
2		permitted under Title XIX of the Federal Social Security
3		Act.
4		10. Participants in the long-term care insurance
5		partnership program established under the Illinois
6		Long-Term Care Partnership Program Act who meet the
7		qualifications for protection of resources described in
8		Section 15 of that Act.
9		11. Persons with disabilities who are employed and
10		eligible for Medicaid, pursuant to Section
11		1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
12		subject to federal approval, persons with a medically
13		improved disability who are employed and eligible for
14		Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
15		the Social Security Act, as provided by the Illinois
16		Department by rule. In establishing eligibility standards
17		under this paragraph 11, the Department shall, subject to
18		federal approval:
19		(a) set the income eligibility standard at not
20		lower than 350% of the federal poverty level;
21		(b) exempt retirement accounts that the person
22		cannot access without penalty before the age of 59 1/2,
23		and medical savings accounts established pursuant to
24		26 U.S.C. 220;
25		(c) allow non-exempt assets up to $25,000 as to
26		those assets accumulated during periods of eligibility

SB3733 Engrossed - 1273 - LRB096 19592 AMC 34984 b
1		under this paragraph 11; and
2		(d) continue to apply subparagraphs (b) and (c) in
3		determining the eligibility of the person under this
4		Article even if the person loses eligibility under this
5		paragraph 11.
6		12. Subject to federal approval, persons who are
7		eligible for medical assistance coverage under applicable
8		provisions of the federal Social Security Act and the
9		federal Breast and Cervical Cancer Prevention and
10		Treatment Act of 2000. Those eligible persons are defined
11		to include, but not be limited to, the following persons:
12		(1) persons who have been screened for breast or
13		cervical cancer under the U.S. Centers for Disease
14		Control and Prevention Breast and Cervical Cancer
15		Program established under Title XV of the federal
16		Public Health Services Act in accordance with the
17		requirements of Section 1504 of that Act as
18		administered by the Illinois Department of Public
19		Health; and
20		(2) persons whose screenings under the above
21		program were funded in whole or in part by funds
22		appropriated to the Illinois Department of Public
23		Health for breast or cervical cancer screening.
24		"Medical assistance" under this paragraph 12 shall be
25		identical to the benefits provided under the State's
26		approved plan under Title XIX of the Social Security Act.

SB3733 Engrossed - 1274 - LRB096 19592 AMC 34984 b
1		The Department must request federal approval of the
2		coverage under this paragraph 12 within 30 days after the
3		effective date of this amendatory Act of the 92nd General
4		Assembly.
5		13. Subject to appropriation and to federal approval,
6		persons living with HIV/AIDS who are not otherwise eligible
7		under this Article and who qualify for services covered
8		under Section 5-5.04 as provided by the Illinois Department
9		by rule.
10		14. Subject to the availability of funds for this
11		purpose, the Department may provide coverage under this
12		Article to persons who reside in Illinois who are not
13		eligible under any of the preceding paragraphs and who meet
14		the income guidelines of paragraph 2(a) of this Section and
15		(i) have an application for asylum pending before the
16		federal Department of Homeland Security or on appeal before
17		a court of competent jurisdiction and are represented
18		either by counsel or by an advocate accredited by the
19		federal Department of Homeland Security and employed by a
20		not-for-profit organization in regard to that application
21		or appeal, or (ii) are receiving services through a
22		federally funded torture treatment center. Medical
23		coverage under this paragraph 14 may be provided for up to
24		24 continuous months from the initial eligibility date so
25		long as an individual continues to satisfy the criteria of
26		this paragraph 14. If an individual has an appeal pending

SB3733 Engrossed - 1275 - LRB096 19592 AMC 34984 b
1		regarding an application for asylum before the Department
2		of Homeland Security, eligibility under this paragraph 14
3		may be extended until a final decision is rendered on the
4		appeal. The Department may adopt rules governing the
5		implementation of this paragraph 14.
6		15. Family Care Eligibility.
7		(a) A caretaker relative who is 19 years of age or
8		older when countable income is at or below 185% of the
9		Federal Poverty Level Guidelines, as published
10		annually in the Federal Register, for the appropriate
11		family size. A person may not spend down to become
12		eligible under this paragraph 15.
13		(b) Eligibility shall be reviewed annually.
14		(c) Caretaker relatives enrolled under this
15		paragraph 15 in families with countable income above
16		150% and at or below 185% of the Federal Poverty Level
17		Guidelines shall be counted as family members and pay
18		premiums as established under the Children's Health
19		Insurance Program Act.
20		(d) Premiums shall be billed by and payable to the
21		Department or its authorized agent, on a monthly basis.
22		(e) The premium due date is the last day of the
23		month preceding the month of coverage.
24		(f) Individuals shall have a grace period through
25		the month of coverage to pay the premium.
26		(g) Failure to pay the full monthly premium by the

SB3733 Engrossed - 1276 - LRB096 19592 AMC 34984 b
1		last day of the grace period shall result in
2		termination of coverage.
3		(h) Partial premium payments shall not be
4		refunded.
5		(i) Following termination of an individual's
6		coverage under this paragraph 15, the following action
7		is required before the individual can be re-enrolled:
8		(1) A new application must be completed and the
9		individual must be determined otherwise eligible.
10		(2) There must be full payment of premiums due
11		under this Code, the Children's Health Insurance
12		Program Act, the Covering ALL KIDS Health
13		Insurance Act, or any other healthcare program
14		administered by the Department for periods in
15		which a premium was owed and not paid for the
16		individual.
17		(3) The first month's premium must be paid if
18		there was an unpaid premium on the date the
19		individual's previous coverage was canceled.
20		The Department is authorized to implement the
21		provisions of this amendatory Act of the 95th General
22		Assembly by adopting the medical assistance rules in effect
23		as of October 1, 2007, at 89 Ill. Admin. Code 125, and at
24		89 Ill. Admin. Code 120.32 along with only those changes
25		necessary to conform to federal Medicaid requirements,
26		federal laws, and federal regulations, including but not

SB3733 Engrossed - 1277 - LRB096 19592 AMC 34984 b
1		limited to Section 1931 of the Social Security Act (42
2		U.S.C. Sec. 1396u-1), as interpreted by the U.S. Department
3		of Health and Human Services, and the countable income
4		eligibility standard authorized by this paragraph 15. The
5		Department may not otherwise adopt any rule to implement
6		this increase except as authorized by law, to meet the
7		eligibility standards authorized by the federal government
8		in the Medicaid State Plan or the Title XXI Plan, or to
9		meet an order from the federal government or any court.
10		16. 15. Subject to appropriation, uninsured persons
11		who are not otherwise eligible under this Section who have
12		been certified and referred by the Department of Public
13		Health as having been screened and found to need diagnostic
14		evaluation or treatment, or both diagnostic evaluation and
15		treatment, for prostate or testicular cancer. For the
16		purposes of this paragraph 16 15, uninsured persons are
17		those who do not have creditable coverage, as defined under
18		the Health Insurance Portability and Accountability Act,
19		or have otherwise exhausted any insurance benefits they may
20		have had, for prostate or testicular cancer diagnostic
21		evaluation or treatment, or both diagnostic evaluation and
22		treatment. To be eligible, a person must furnish a Social
23		Security number. A person's assets are exempt from
24		consideration in determining eligibility under this
25		paragraph 16 15. Such persons shall be eligible for medical
26		assistance under this paragraph 16 15 for so long as they

SB3733 Engrossed - 1278 - LRB096 19592 AMC 34984 b
1		need treatment for the cancer. A person shall be considered
2		to need treatment if, in the opinion of the person's
3		treating physician, the person requires therapy directed
4		toward cure or palliation of prostate or testicular cancer,
5		including recurrent metastatic cancer that is a known or
6		presumed complication of prostate or testicular cancer and
7		complications resulting from the treatment modalities
8		themselves. Persons who require only routine monitoring
9		services are not considered to need treatment. "Medical
10		assistance" under this paragraph 16 15 shall be identical
11		to the benefits provided under the State's approved plan
12		under Title XIX of the Social Security Act. Notwithstanding
13		any other provision of law, the Department (i) does not
14		have a claim against the estate of a deceased recipient of
15		services under this paragraph 16 15 and (ii) does not have
16		a lien against any homestead property or other legal or
17		equitable real property interest owned by a recipient of
18		services under this paragraph 16 15.
19		In implementing the provisions of Public Act 96-20 this
20		amendatory Act of the 96th General Assembly, the Department is
21		authorized to adopt only those rules necessary, including
22		emergency rules. Nothing in Public Act 96-20 this amendatory
23		Act of the 96th General Assembly permits the Department to
24		adopt rules or issue a decision that expands eligibility for
25		the FamilyCare Program to a person whose income exceeds 185% of
26		the Federal Poverty Level as determined from time to time by

SB3733 Engrossed - 1279 - LRB096 19592 AMC 34984 b
1		the U.S. Department of Health and Human Services, unless the
2		Department is provided with express statutory authority.
3		The Illinois Department and the Governor shall provide a
4		plan for coverage of the persons eligible under paragraph 7 as
5		soon as possible after July 1, 1984.
6		The eligibility of any such person for medical assistance
7		under this Article is not affected by the payment of any grant
8		under the Senior Citizens and Disabled Persons Property Tax
9		Relief and Pharmaceutical Assistance Act or any distributions
10		or items of income described under subparagraph (X) of
11		paragraph (2) of subsection (a) of Section 203 of the Illinois
12		Income Tax Act. The Department shall by rule establish the
13		amounts of assets to be disregarded in determining eligibility
14		for medical assistance, which shall at a minimum equal the
15		amounts to be disregarded under the Federal Supplemental
16		Security Income Program. The amount of assets of a single
17		person to be disregarded shall not be less than $2,000, and the
18		amount of assets of a married couple to be disregarded shall
19		not be less than $3,000.
20		To the extent permitted under federal law, any person found
21		guilty of a second violation of Article VIIIA shall be
22		ineligible for medical assistance under this Article, as
23		provided in Section 8A-8.
24		The eligibility of any person for medical assistance under
25		this Article shall not be affected by the receipt by the person
26		of donations or benefits from fundraisers held for the person

SB3733 Engrossed - 1280 - LRB096 19592 AMC 34984 b
1		in cases of serious illness, as long as neither the person nor
2		members of the person's family have actual control over the
3		donations or benefits or the disbursement of the donations or
4		benefits.
5		(Source: P.A. 95-546, eff. 8-29-07; 95-1055, eff. 4-10-09;
6		96-20, eff. 6-30-09; 96-181, eff. 8-10-09; 96-328, eff.
7		8-11-09; 96-567, eff. 1-1-10; revised 9-25-09.)
8		(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
9		(Text of Section before amendment by P.A. 96-806)
10		Sec. 5-5. Medical services. The Illinois Department, by
11		rule, shall determine the quantity and quality of and the rate
12		of reimbursement for the medical assistance for which payment
13		will be authorized, and the medical services to be provided,
14		which may include all or part of the following: (1) inpatient
15		hospital services; (2) outpatient hospital services; (3) other
16		laboratory and X-ray services; (4) skilled nursing home
17		services; (5) physicians' services whether furnished in the
18		office, the patient's home, a hospital, a skilled nursing home,
19		or elsewhere; (6) medical care, or any other type of remedial
20		care furnished by licensed practitioners; (7) home health care
21		services; (8) private duty nursing service; (9) clinic
22		services; (10) dental services, including prevention and
23		treatment of periodontal disease and dental caries disease for
24		pregnant women, provided by an individual licensed to practice
25		dentistry or dental surgery; for purposes of this item (10),

SB3733 Engrossed - 1281 - LRB096 19592 AMC 34984 b
1		"dental services" means diagnostic, preventive, or corrective
2		procedures provided by or under the supervision of a dentist in
3		the practice of his or her profession; (11) physical therapy
4		and related services; (12) prescribed drugs, dentures, and
5		prosthetic devices; and eyeglasses prescribed by a physician
6		skilled in the diseases of the eye, or by an optometrist,
7		whichever the person may select; (13) other diagnostic,
8		screening, preventive, and rehabilitative services; (14)
9		transportation and such other expenses as may be necessary;
10		(15) medical treatment of sexual assault survivors, as defined
11		in Section 1a of the Sexual Assault Survivors Emergency
12		Treatment Act, for injuries sustained as a result of the sexual
13		assault, including examinations and laboratory tests to
14		discover evidence which may be used in criminal proceedings
15		arising from the sexual assault; (16) the diagnosis and
16		treatment of sickle cell anemia; and (17) any other medical
17		care, and any other type of remedial care recognized under the
18		laws of this State, but not including abortions, or induced
19		miscarriages or premature births, unless, in the opinion of a
20		physician, such procedures are necessary for the preservation
21		of the life of the woman seeking such treatment, or except an
22		induced premature birth intended to produce a live viable child
23		and such procedure is necessary for the health of the mother or
24		her unborn child. The Illinois Department, by rule, shall
25		prohibit any physician from providing medical assistance to
26		anyone eligible therefor under this Code where such physician

SB3733 Engrossed - 1282 - LRB096 19592 AMC 34984 b
1		has been found guilty of performing an abortion procedure in a
2		wilful and wanton manner upon a woman who was not pregnant at
3		the time such abortion procedure was performed. The term "any
4		other type of remedial care" shall include nursing care and
5		nursing home service for persons who rely on treatment by
6		spiritual means alone through prayer for healing.
7		Notwithstanding any other provision of this Section, a
8		comprehensive tobacco use cessation program that includes
9		purchasing prescription drugs or prescription medical devices
10		approved by the Food and Drug administration shall be covered
11		under the medical assistance program under this Article for
12		persons who are otherwise eligible for assistance under this
13		Article.
14		Notwithstanding any other provision of this Code, the
15		Illinois Department may not require, as a condition of payment
16		for any laboratory test authorized under this Article, that a
17		physician's handwritten signature appear on the laboratory
18		test order form. The Illinois Department may, however, impose
19		other appropriate requirements regarding laboratory test order
20		documentation.
21		The Department of Healthcare and Family Services shall
22		provide the following services to persons eligible for
23		assistance under this Article who are participating in
24		education, training or employment programs operated by the
25		Department of Human Services as successor to the Department of
26		Public Aid:

SB3733 Engrossed - 1283 - LRB096 19592 AMC 34984 b
1		(1) dental services provided by or under the
2		supervision of a dentist; and
3		(2) eyeglasses prescribed by a physician skilled in the
4		diseases of the eye, or by an optometrist, whichever the
5		person may select.
6		The Illinois Department, by rule, may distinguish and
7		classify the medical services to be provided only in accordance
8		with the classes of persons designated in Section 5-2.
9		The Department of Healthcare and Family Services must
10		provide coverage and reimbursement for amino acid-based
11		elemental formulas, regardless of delivery method, for the
12		diagnosis and treatment of (i) eosinophilic disorders and (ii)
13		short bowel syndrome when the prescribing physician has issued
14		a written order stating that the amino acid-based elemental
15		formula is medically necessary.
16		The Illinois Department shall authorize the provision of,
17		and shall authorize payment for, screening by low-dose
18		mammography for the presence of occult breast cancer for women
19		35 years of age or older who are eligible for medical
20		assistance under this Article, as follows:
21		(A) A baseline mammogram for women 35 to 39 years of
22		age.
23		(B) An annual mammogram for women 40 years of age or
24		older.
25		(C) A mammogram at the age and intervals considered
26		medically necessary by the woman's health care provider for

SB3733 Engrossed - 1284 - LRB096 19592 AMC 34984 b
1		women under 40 years of age and having a family history of
2		breast cancer, prior personal history of breast cancer,
3		positive genetic testing, or other risk factors.
4		(D) A comprehensive ultrasound screening of an entire
5		breast or breasts if a mammogram demonstrates
6		heterogeneous or dense breast tissue, when medically
7		necessary as determined by a physician licensed to practice
8		medicine in all of its branches.
9		All screenings shall include a physical breast exam,
10		instruction on self-examination and information regarding the
11		frequency of self-examination and its value as a preventative
12		tool. For purposes of this Section, "low-dose mammography"
13		means the x-ray examination of the breast using equipment
14		dedicated specifically for mammography, including the x-ray
15		tube, filter, compression device, and image receptor, with an
16		average radiation exposure delivery of less than one rad per
17		breast for 2 views of an average size breast. The term also
18		includes digital mammography.
19		On and after July 1, 2008, screening and diagnostic
20		mammography shall be reimbursed at the same rate as the
21		Medicare program's rates, including the increased
22		reimbursement for digital mammography.
23		The Department shall convene an expert panel including
24		representatives of hospitals, free-standing mammography
25		facilities, and doctors, including radiologists, to establish
26		quality standards. Based on these quality standards, the

SB3733 Engrossed - 1285 - LRB096 19592 AMC 34984 b
1		Department shall provide for bonus payments to mammography
2		facilities meeting the standards for screening and diagnosis.
3		The bonus payments shall be at least 15% higher than the
4		Medicare rates for mammography.
5		Subject to federal approval, the Department shall
6		establish a rate methodology for mammography at federally
7		qualified health centers and other encounter-rate clinics.
8		These clinics or centers may also collaborate with other
9		hospital-based mammography facilities.
10		The Department shall establish a methodology to remind
11		women who are age-appropriate for screening mammography, but
12		who have not received a mammogram within the previous 18
13		months, of the importance and benefit of screening mammography.
14		The Department shall establish a performance goal for
15		primary care providers with respect to their female patients
16		over age 40 receiving an annual mammogram. This performance
17		goal shall be used to provide additional reimbursement in the
18		form of a quality performance bonus to primary care providers
19		who meet that goal.
20		The Department shall devise a means of case-managing or
21		patient navigation for beneficiaries diagnosed with breast
22		cancer. This program shall initially operate as a pilot program
23		in areas of the State with the highest incidence of mortality
24		related to breast cancer. At least one pilot program site shall
25		be in the metropolitan Chicago area and at least one site shall
26		be outside the metropolitan Chicago area. An evaluation of the

SB3733 Engrossed - 1286 - LRB096 19592 AMC 34984 b
1		pilot program shall be carried out measuring health outcomes
2		and cost of care for those served by the pilot program compared
3		to similarly situated patients who are not served by the pilot
4		program.
5		Any medical or health care provider shall immediately
6		recommend, to any pregnant woman who is being provided prenatal
7		services and is suspected of drug abuse or is addicted as
8		defined in the Alcoholism and Other Drug Abuse and Dependency
9		Act, referral to a local substance abuse treatment provider
10		licensed by the Department of Human Services or to a licensed
11		hospital which provides substance abuse treatment services.
12		The Department of Healthcare and Family Services shall assure
13		coverage for the cost of treatment of the drug abuse or
14		addiction for pregnant recipients in accordance with the
15		Illinois Medicaid Program in conjunction with the Department of
16		Human Services.
17		All medical providers providing medical assistance to
18		pregnant women under this Code shall receive information from
19		the Department on the availability of services under the Drug
20		Free Families with a Future or any comparable program providing
21		case management services for addicted women, including
22		information on appropriate referrals for other social services
23		that may be needed by addicted women in addition to treatment
24		for addiction.
25		The Illinois Department, in cooperation with the
26		Departments of Human Services (as successor to the Department

SB3733 Engrossed - 1287 - LRB096 19592 AMC 34984 b
1		of Alcoholism and Substance Abuse) and Public Health, through a
2		public awareness campaign, may provide information concerning
3		treatment for alcoholism and drug abuse and addiction, prenatal
4		health care, and other pertinent programs directed at reducing
5		the number of drug-affected infants born to recipients of
6		medical assistance.
7		Neither the Department of Healthcare and Family Services
8		nor the Department of Human Services shall sanction the
9		recipient solely on the basis of her substance abuse.
10		The Illinois Department shall establish such regulations
11		governing the dispensing of health services under this Article
12		as it shall deem appropriate. The Department should seek the
13		advice of formal professional advisory committees appointed by
14		the Director of the Illinois Department for the purpose of
15		providing regular advice on policy and administrative matters,
16		information dissemination and educational activities for
17		medical and health care providers, and consistency in
18		procedures to the Illinois Department.
19		The Illinois Department may develop and contract with
20		Partnerships of medical providers to arrange medical services
21		for persons eligible under Section 5-2 of this Code.
22		Implementation of this Section may be by demonstration projects
23		in certain geographic areas. The Partnership shall be
24		represented by a sponsor organization. The Department, by rule,
25		shall develop qualifications for sponsors of Partnerships.
26		Nothing in this Section shall be construed to require that the

SB3733 Engrossed - 1288 - LRB096 19592 AMC 34984 b
1		sponsor organization be a medical organization.
2		The sponsor must negotiate formal written contracts with
3		medical providers for physician services, inpatient and
4		outpatient hospital care, home health services, treatment for
5		alcoholism and substance abuse, and other services determined
6		necessary by the Illinois Department by rule for delivery by
7		Partnerships. Physician services must include prenatal and
8		obstetrical care. The Illinois Department shall reimburse
9		medical services delivered by Partnership providers to clients
10		in target areas according to provisions of this Article and the
11		Illinois Health Finance Reform Act, except that:
12		(1) Physicians participating in a Partnership and
13		providing certain services, which shall be determined by
14		the Illinois Department, to persons in areas covered by the
15		Partnership may receive an additional surcharge for such
16		services.
17		(2) The Department may elect to consider and negotiate
18		financial incentives to encourage the development of
19		Partnerships and the efficient delivery of medical care.
20		(3) Persons receiving medical services through
21		Partnerships may receive medical and case management
22		services above the level usually offered through the
23		medical assistance program.
24		Medical providers shall be required to meet certain
25		qualifications to participate in Partnerships to ensure the
26		delivery of high quality medical services. These

SB3733 Engrossed - 1289 - LRB096 19592 AMC 34984 b
1		qualifications shall be determined by rule of the Illinois
2		Department and may be higher than qualifications for
3		participation in the medical assistance program. Partnership
4		sponsors may prescribe reasonable additional qualifications
5		for participation by medical providers, only with the prior
6		written approval of the Illinois Department.
7		Nothing in this Section shall limit the free choice of
8		practitioners, hospitals, and other providers of medical
9		services by clients. In order to ensure patient freedom of
10		choice, the Illinois Department shall immediately promulgate
11		all rules and take all other necessary actions so that provided
12		services may be accessed from therapeutically certified
13		optometrists to the full extent of the Illinois Optometric
14		Practice Act of 1987 without discriminating between service
15		providers.
16		The Department shall apply for a waiver from the United
17		States Health Care Financing Administration to allow for the
18		implementation of Partnerships under this Section.
19		The Illinois Department shall require health care
20		providers to maintain records that document the medical care
21		and services provided to recipients of Medical Assistance under
22		this Article. The Illinois Department shall require health care
23		providers to make available, when authorized by the patient, in
24		writing, the medical records in a timely fashion to other
25		health care providers who are treating or serving persons
26		eligible for Medical Assistance under this Article. All

SB3733 Engrossed - 1290 - LRB096 19592 AMC 34984 b
1		dispensers of medical services shall be required to maintain
2		and retain business and professional records sufficient to
3		fully and accurately document the nature, scope, details and
4		receipt of the health care provided to persons eligible for
5		medical assistance under this Code, in accordance with
6		regulations promulgated by the Illinois Department. The rules
7		and regulations shall require that proof of the receipt of
8		prescription drugs, dentures, prosthetic devices and
9		eyeglasses by eligible persons under this Section accompany
10		each claim for reimbursement submitted by the dispenser of such
11		medical services. No such claims for reimbursement shall be
12		approved for payment by the Illinois Department without such
13		proof of receipt, unless the Illinois Department shall have put
14		into effect and shall be operating a system of post-payment
15		audit and review which shall, on a sampling basis, be deemed
16		adequate by the Illinois Department to assure that such drugs,
17		dentures, prosthetic devices and eyeglasses for which payment
18		is being made are actually being received by eligible
19		recipients. Within 90 days after the effective date of this
20		amendatory Act of 1984, the Illinois Department shall establish
21		a current list of acquisition costs for all prosthetic devices
22		and any other items recognized as medical equipment and
23		supplies reimbursable under this Article and shall update such
24		list on a quarterly basis, except that the acquisition costs of
25		all prescription drugs shall be updated no less frequently than
26		every 30 days as required by Section 5-5.12.

SB3733 Engrossed - 1291 - LRB096 19592 AMC 34984 b
1		The rules and regulations of the Illinois Department shall
2		require that a written statement including the required opinion
3		of a physician shall accompany any claim for reimbursement for
4		abortions, or induced miscarriages or premature births. This
5		statement shall indicate what procedures were used in providing
6		such medical services.
7		The Illinois Department shall require all dispensers of
8		medical services, other than an individual practitioner or
9		group of practitioners, desiring to participate in the Medical
10		Assistance program established under this Article to disclose
11		all financial, beneficial, ownership, equity, surety or other
12		interests in any and all firms, corporations, partnerships,
13		associations, business enterprises, joint ventures, agencies,
14		institutions or other legal entities providing any form of
15		health care services in this State under this Article.
16		The Illinois Department may require that all dispensers of
17		medical services desiring to participate in the medical
18		assistance program established under this Article disclose,
19		under such terms and conditions as the Illinois Department may
20		by rule establish, all inquiries from clients and attorneys
21		regarding medical bills paid by the Illinois Department, which
22		inquiries could indicate potential existence of claims or liens
23		for the Illinois Department.
24		Enrollment of a vendor that provides non-emergency medical
25		transportation, defined by the Department by rule, shall be
26		conditional for 180 days. During that time, the Department of

SB3733 Engrossed - 1292 - LRB096 19592 AMC 34984 b
1		Healthcare and Family Services may terminate the vendor's
2		eligibility to participate in the medical assistance program
3		without cause. That termination of eligibility is not subject
4		to the Department's hearing process.
5		The Illinois Department shall establish policies,
6		procedures, standards and criteria by rule for the acquisition,
7		repair and replacement of orthotic and prosthetic devices and
8		durable medical equipment. Such rules shall provide, but not be
9		limited to, the following services: (1) immediate repair or
10		replacement of such devices by recipients without medical
11		authorization; and (2) rental, lease, purchase or
12		lease-purchase of durable medical equipment in a
13		cost-effective manner, taking into consideration the
14		recipient's medical prognosis, the extent of the recipient's
15		needs, and the requirements and costs for maintaining such
16		equipment. Such rules shall enable a recipient to temporarily
17		acquire and use alternative or substitute devices or equipment
18		pending repairs or replacements of any device or equipment
19		previously authorized for such recipient by the Department.
20		The Department shall execute, relative to the nursing home
21		prescreening project, written inter-agency agreements with the
22		Department of Human Services and the Department on Aging, to
23		effect the following: (i) intake procedures and common
24		eligibility criteria for those persons who are receiving
25		non-institutional services; and (ii) the establishment and
26		development of non-institutional services in areas of the State

SB3733 Engrossed - 1293 - LRB096 19592 AMC 34984 b
1		where they are not currently available or are undeveloped.
2		The Illinois Department shall develop and operate, in
3		cooperation with other State Departments and agencies and in
4		compliance with applicable federal laws and regulations,
5		appropriate and effective systems of health care evaluation and
6		programs for monitoring of utilization of health care services
7		and facilities, as it affects persons eligible for medical
8		assistance under this Code.
9		The Illinois Department shall report annually to the
10		General Assembly, no later than the second Friday in April of
11		1979 and each year thereafter, in regard to:
12		(a) actual statistics and trends in utilization of
13		medical services by public aid recipients;
14		(b) actual statistics and trends in the provision of
15		the various medical services by medical vendors;
16		(c) current rate structures and proposed changes in
17		those rate structures for the various medical vendors; and
18		(d) efforts at utilization review and control by the
19		Illinois Department.
20		The period covered by each report shall be the 3 years
21		ending on the June 30 prior to the report. The report shall
22		include suggested legislation for consideration by the General
23		Assembly. The filing of one copy of the report with the
24		Speaker, one copy with the Minority Leader and one copy with
25		the Clerk of the House of Representatives, one copy with the
26		President, one copy with the Minority Leader and one copy with

SB3733 Engrossed - 1294 - LRB096 19592 AMC 34984 b
1		the Secretary of the Senate, one copy with the Legislative
2		Research Unit, and such additional copies with the State
3		Government Report Distribution Center for the General Assembly
4		as is required under paragraph (t) of Section 7 of the State
5		Library Act shall be deemed sufficient to comply with this
6		Section.
7		Rulemaking authority to implement Public Act 95-1045 this
8		amendatory Act of the 95th General Assembly, if any, is
9		conditioned on the rules being adopted in accordance with all
10		provisions of the Illinois Administrative Procedure Act and all
11		rules and procedures of the Joint Committee on Administrative
12		Rules; any purported rule not so adopted, for whatever reason,
13		is unauthorized.
14		(Source: P.A. 95-331, eff. 8-21-07; 95-520, eff. 8-28-07;
15		95-1045, eff. 3-27-09; 96-156, eff. 1-1-10; revised 11-4-09.)
16		(Text of Section after amendment by P.A. 96-806)
17		Sec. 5-5. Medical services. The Illinois Department, by
18		rule, shall determine the quantity and quality of and the rate
19		of reimbursement for the medical assistance for which payment
20		will be authorized, and the medical services to be provided,
21		which may include all or part of the following: (1) inpatient
22		hospital services; (2) outpatient hospital services; (3) other
23		laboratory and X-ray services; (4) skilled nursing home
24		services; (5) physicians' services whether furnished in the
25		office, the patient's home, a hospital, a skilled nursing home,

SB3733 Engrossed - 1295 - LRB096 19592 AMC 34984 b
1		or elsewhere; (6) medical care, or any other type of remedial
2		care furnished by licensed practitioners; (7) home health care
3		services; (8) private duty nursing service; (9) clinic
4		services; (10) dental services, including prevention and
5		treatment of periodontal disease and dental caries disease for
6		pregnant women, provided by an individual licensed to practice
7		dentistry or dental surgery; for purposes of this item (10),
8		"dental services" means diagnostic, preventive, or corrective
9		procedures provided by or under the supervision of a dentist in
10		the practice of his or her profession; (11) physical therapy
11		and related services; (12) prescribed drugs, dentures, and
12		prosthetic devices; and eyeglasses prescribed by a physician
13		skilled in the diseases of the eye, or by an optometrist,
14		whichever the person may select; (13) other diagnostic,
15		screening, preventive, and rehabilitative services; (14)
16		transportation and such other expenses as may be necessary;
17		(15) medical treatment of sexual assault survivors, as defined
18		in Section 1a of the Sexual Assault Survivors Emergency
19		Treatment Act, for injuries sustained as a result of the sexual
20		assault, including examinations and laboratory tests to
21		discover evidence which may be used in criminal proceedings
22		arising from the sexual assault; (16) the diagnosis and
23		treatment of sickle cell anemia; and (17) any other medical
24		care, and any other type of remedial care recognized under the
25		laws of this State, but not including abortions, or induced
26		miscarriages or premature births, unless, in the opinion of a

SB3733 Engrossed - 1296 - LRB096 19592 AMC 34984 b
1		physician, such procedures are necessary for the preservation
2		of the life of the woman seeking such treatment, or except an
3		induced premature birth intended to produce a live viable child
4		and such procedure is necessary for the health of the mother or
5		her unborn child. The Illinois Department, by rule, shall
6		prohibit any physician from providing medical assistance to
7		anyone eligible therefor under this Code where such physician
8		has been found guilty of performing an abortion procedure in a
9		wilful and wanton manner upon a woman who was not pregnant at
10		the time such abortion procedure was performed. The term "any
11		other type of remedial care" shall include nursing care and
12		nursing home service for persons who rely on treatment by
13		spiritual means alone through prayer for healing.
14		Notwithstanding any other provision of this Section, a
15		comprehensive tobacco use cessation program that includes
16		purchasing prescription drugs or prescription medical devices
17		approved by the Food and Drug administration shall be covered
18		under the medical assistance program under this Article for
19		persons who are otherwise eligible for assistance under this
20		Article.
21		Notwithstanding any other provision of this Code, the
22		Illinois Department may not require, as a condition of payment
23		for any laboratory test authorized under this Article, that a
24		physician's handwritten signature appear on the laboratory
25		test order form. The Illinois Department may, however, impose
26		other appropriate requirements regarding laboratory test order

SB3733 Engrossed - 1297 - LRB096 19592 AMC 34984 b
1		documentation.
2		The Department of Healthcare and Family Services shall
3		provide the following services to persons eligible for
4		assistance under this Article who are participating in
5		education, training or employment programs operated by the
6		Department of Human Services as successor to the Department of
7		Public Aid:
8		(1) dental services provided by or under the
9		supervision of a dentist; and
10		(2) eyeglasses prescribed by a physician skilled in the
11		diseases of the eye, or by an optometrist, whichever the
12		person may select.
13		The Illinois Department, by rule, may distinguish and
14		classify the medical services to be provided only in accordance
15		with the classes of persons designated in Section 5-2.
16		The Department of Healthcare and Family Services must
17		provide coverage and reimbursement for amino acid-based
18		elemental formulas, regardless of delivery method, for the
19		diagnosis and treatment of (i) eosinophilic disorders and (ii)
20		short bowel syndrome when the prescribing physician has issued
21		a written order stating that the amino acid-based elemental
22		formula is medically necessary.
23		The Illinois Department shall authorize the provision of,
24		and shall authorize payment for, screening by low-dose
25		mammography for the presence of occult breast cancer for women
26		35 years of age or older who are eligible for medical

SB3733 Engrossed - 1298 - LRB096 19592 AMC 34984 b
1		assistance under this Article, as follows:
2		(A) A baseline mammogram for women 35 to 39 years of
3		age.
4		(B) An annual mammogram for women 40 years of age or
5		older.
6		(C) A mammogram at the age and intervals considered
7		medically necessary by the woman's health care provider for
8		women under 40 years of age and having a family history of
9		breast cancer, prior personal history of breast cancer,
10		positive genetic testing, or other risk factors.
11		(D) A comprehensive ultrasound screening of an entire
12		breast or breasts if a mammogram demonstrates
13		heterogeneous or dense breast tissue, when medically
14		necessary as determined by a physician licensed to practice
15		medicine in all of its branches.
16		All screenings shall include a physical breast exam,
17		instruction on self-examination and information regarding the
18		frequency of self-examination and its value as a preventative
19		tool. For purposes of this Section, "low-dose mammography"
20		means the x-ray examination of the breast using equipment
21		dedicated specifically for mammography, including the x-ray
22		tube, filter, compression device, and image receptor, with an
23		average radiation exposure delivery of less than one rad per
24		breast for 2 views of an average size breast. The term also
25		includes digital mammography.
26		On and after July 1, 2008, screening and diagnostic

SB3733 Engrossed - 1299 - LRB096 19592 AMC 34984 b
1		mammography shall be reimbursed at the same rate as the
2		Medicare program's rates, including the increased
3		reimbursement for digital mammography.
4		The Department shall convene an expert panel including
5		representatives of hospitals, free-standing mammography
6		facilities, and doctors, including radiologists, to establish
7		quality standards. Based on these quality standards, the
8		Department shall provide for bonus payments to mammography
9		facilities meeting the standards for screening and diagnosis.
10		The bonus payments shall be at least 15% higher than the
11		Medicare rates for mammography.
12		Subject to federal approval, the Department shall
13		establish a rate methodology for mammography at federally
14		qualified health centers and other encounter-rate clinics.
15		These clinics or centers may also collaborate with other
16		hospital-based mammography facilities.
17		The Department shall establish a methodology to remind
18		women who are age-appropriate for screening mammography, but
19		who have not received a mammogram within the previous 18
20		months, of the importance and benefit of screening mammography.
21		The Department shall establish a performance goal for
22		primary care providers with respect to their female patients
23		over age 40 receiving an annual mammogram. This performance
24		goal shall be used to provide additional reimbursement in the
25		form of a quality performance bonus to primary care providers
26		who meet that goal.

SB3733 Engrossed - 1300 - LRB096 19592 AMC 34984 b
1		The Department shall devise a means of case-managing or
2		patient navigation for beneficiaries diagnosed with breast
3		cancer. This program shall initially operate as a pilot program
4		in areas of the State with the highest incidence of mortality
5		related to breast cancer. At least one pilot program site shall
6		be in the metropolitan Chicago area and at least one site shall
7		be outside the metropolitan Chicago area. An evaluation of the
8		pilot program shall be carried out measuring health outcomes
9		and cost of care for those served by the pilot program compared
10		to similarly situated patients who are not served by the pilot
11		program.
12		Any medical or health care provider shall immediately
13		recommend, to any pregnant woman who is being provided prenatal
14		services and is suspected of drug abuse or is addicted as
15		defined in the Alcoholism and Other Drug Abuse and Dependency
16		Act, referral to a local substance abuse treatment provider
17		licensed by the Department of Human Services or to a licensed
18		hospital which provides substance abuse treatment services.
19		The Department of Healthcare and Family Services shall assure
20		coverage for the cost of treatment of the drug abuse or
21		addiction for pregnant recipients in accordance with the
22		Illinois Medicaid Program in conjunction with the Department of
23		Human Services.
24		All medical providers providing medical assistance to
25		pregnant women under this Code shall receive information from
26		the Department on the availability of services under the Drug

SB3733 Engrossed - 1301 - LRB096 19592 AMC 34984 b
1		Free Families with a Future or any comparable program providing
2		case management services for addicted women, including
3		information on appropriate referrals for other social services
4		that may be needed by addicted women in addition to treatment
5		for addiction.
6		The Illinois Department, in cooperation with the
7		Departments of Human Services (as successor to the Department
8		of Alcoholism and Substance Abuse) and Public Health, through a
9		public awareness campaign, may provide information concerning
10		treatment for alcoholism and drug abuse and addiction, prenatal
11		health care, and other pertinent programs directed at reducing
12		the number of drug-affected infants born to recipients of
13		medical assistance.
14		Neither the Department of Healthcare and Family Services
15		nor the Department of Human Services shall sanction the
16		recipient solely on the basis of her substance abuse.
17		The Illinois Department shall establish such regulations
18		governing the dispensing of health services under this Article
19		as it shall deem appropriate. The Department should seek the
20		advice of formal professional advisory committees appointed by
21		the Director of the Illinois Department for the purpose of
22		providing regular advice on policy and administrative matters,
23		information dissemination and educational activities for
24		medical and health care providers, and consistency in
25		procedures to the Illinois Department.
26		Notwithstanding any other provision of law, a health care

SB3733 Engrossed - 1302 - LRB096 19592 AMC 34984 b
1		provider under the medical assistance program may elect, in
2		lieu of receiving direct payment for services provided under
3		that program, to participate in the State Employees Deferred
4		Compensation Plan adopted under Article 24 of the Illinois
5		Pension Code. A health care provider who elects to participate
6		in the plan does not have a cause of action against the State
7		for any damages allegedly suffered by the provider as a result
8		of any delay by the State in crediting the amount of any
9		contribution to the provider's plan account.
10		The Illinois Department may develop and contract with
11		Partnerships of medical providers to arrange medical services
12		for persons eligible under Section 5-2 of this Code.
13		Implementation of this Section may be by demonstration projects
14		in certain geographic areas. The Partnership shall be
15		represented by a sponsor organization. The Department, by rule,
16		shall develop qualifications for sponsors of Partnerships.
17		Nothing in this Section shall be construed to require that the
18		sponsor organization be a medical organization.
19		The sponsor must negotiate formal written contracts with
20		medical providers for physician services, inpatient and
21		outpatient hospital care, home health services, treatment for
22		alcoholism and substance abuse, and other services determined
23		necessary by the Illinois Department by rule for delivery by
24		Partnerships. Physician services must include prenatal and
25		obstetrical care. The Illinois Department shall reimburse
26		medical services delivered by Partnership providers to clients

SB3733 Engrossed - 1303 - LRB096 19592 AMC 34984 b
1		in target areas according to provisions of this Article and the
2		Illinois Health Finance Reform Act, except that:
3		(1) Physicians participating in a Partnership and
4		providing certain services, which shall be determined by
5		the Illinois Department, to persons in areas covered by the
6		Partnership may receive an additional surcharge for such
7		services.
8		(2) The Department may elect to consider and negotiate
9		financial incentives to encourage the development of
10		Partnerships and the efficient delivery of medical care.
11		(3) Persons receiving medical services through
12		Partnerships may receive medical and case management
13		services above the level usually offered through the
14		medical assistance program.
15		Medical providers shall be required to meet certain
16		qualifications to participate in Partnerships to ensure the
17		delivery of high quality medical services. These
18		qualifications shall be determined by rule of the Illinois
19		Department and may be higher than qualifications for
20		participation in the medical assistance program. Partnership
21		sponsors may prescribe reasonable additional qualifications
22		for participation by medical providers, only with the prior
23		written approval of the Illinois Department.
24		Nothing in this Section shall limit the free choice of
25		practitioners, hospitals, and other providers of medical
26		services by clients. In order to ensure patient freedom of

SB3733 Engrossed - 1304 - LRB096 19592 AMC 34984 b
1		choice, the Illinois Department shall immediately promulgate
2		all rules and take all other necessary actions so that provided
3		services may be accessed from therapeutically certified
4		optometrists to the full extent of the Illinois Optometric
5		Practice Act of 1987 without discriminating between service
6		providers.
7		The Department shall apply for a waiver from the United
8		States Health Care Financing Administration to allow for the
9		implementation of Partnerships under this Section.
10		The Illinois Department shall require health care
11		providers to maintain records that document the medical care
12		and services provided to recipients of Medical Assistance under
13		this Article. The Illinois Department shall require health care
14		providers to make available, when authorized by the patient, in
15		writing, the medical records in a timely fashion to other
16		health care providers who are treating or serving persons
17		eligible for Medical Assistance under this Article. All
18		dispensers of medical services shall be required to maintain
19		and retain business and professional records sufficient to
20		fully and accurately document the nature, scope, details and
21		receipt of the health care provided to persons eligible for
22		medical assistance under this Code, in accordance with
23		regulations promulgated by the Illinois Department. The rules
24		and regulations shall require that proof of the receipt of
25		prescription drugs, dentures, prosthetic devices and
26		eyeglasses by eligible persons under this Section accompany

SB3733 Engrossed - 1305 - LRB096 19592 AMC 34984 b
1		each claim for reimbursement submitted by the dispenser of such
2		medical services. No such claims for reimbursement shall be
3		approved for payment by the Illinois Department without such
4		proof of receipt, unless the Illinois Department shall have put
5		into effect and shall be operating a system of post-payment
6		audit and review which shall, on a sampling basis, be deemed
7		adequate by the Illinois Department to assure that such drugs,
8		dentures, prosthetic devices and eyeglasses for which payment
9		is being made are actually being received by eligible
10		recipients. Within 90 days after the effective date of this
11		amendatory Act of 1984, the Illinois Department shall establish
12		a current list of acquisition costs for all prosthetic devices
13		and any other items recognized as medical equipment and
14		supplies reimbursable under this Article and shall update such
15		list on a quarterly basis, except that the acquisition costs of
16		all prescription drugs shall be updated no less frequently than
17		every 30 days as required by Section 5-5.12.
18		The rules and regulations of the Illinois Department shall
19		require that a written statement including the required opinion
20		of a physician shall accompany any claim for reimbursement for
21		abortions, or induced miscarriages or premature births. This
22		statement shall indicate what procedures were used in providing
23		such medical services.
24		The Illinois Department shall require all dispensers of
25		medical services, other than an individual practitioner or
26		group of practitioners, desiring to participate in the Medical

SB3733 Engrossed - 1306 - LRB096 19592 AMC 34984 b
1		Assistance program established under this Article to disclose
2		all financial, beneficial, ownership, equity, surety or other
3		interests in any and all firms, corporations, partnerships,
4		associations, business enterprises, joint ventures, agencies,
5		institutions or other legal entities providing any form of
6		health care services in this State under this Article.
7		The Illinois Department may require that all dispensers of
8		medical services desiring to participate in the medical
9		assistance program established under this Article disclose,
10		under such terms and conditions as the Illinois Department may
11		by rule establish, all inquiries from clients and attorneys
12		regarding medical bills paid by the Illinois Department, which
13		inquiries could indicate potential existence of claims or liens
14		for the Illinois Department.
15		Enrollment of a vendor that provides non-emergency medical
16		transportation, defined by the Department by rule, shall be
17		conditional for 180 days. During that time, the Department of
18		Healthcare and Family Services may terminate the vendor's
19		eligibility to participate in the medical assistance program
20		without cause. That termination of eligibility is not subject
21		to the Department's hearing process.
22		The Illinois Department shall establish policies,
23		procedures, standards and criteria by rule for the acquisition,
24		repair and replacement of orthotic and prosthetic devices and
25		durable medical equipment. Such rules shall provide, but not be
26		limited to, the following services: (1) immediate repair or

SB3733 Engrossed - 1307 - LRB096 19592 AMC 34984 b
1		replacement of such devices by recipients without medical
2		authorization; and (2) rental, lease, purchase or
3		lease-purchase of durable medical equipment in a
4		cost-effective manner, taking into consideration the
5		recipient's medical prognosis, the extent of the recipient's
6		needs, and the requirements and costs for maintaining such
7		equipment. Such rules shall enable a recipient to temporarily
8		acquire and use alternative or substitute devices or equipment
9		pending repairs or replacements of any device or equipment
10		previously authorized for such recipient by the Department.
11		The Department shall execute, relative to the nursing home
12		prescreening project, written inter-agency agreements with the
13		Department of Human Services and the Department on Aging, to
14		effect the following: (i) intake procedures and common
15		eligibility criteria for those persons who are receiving
16		non-institutional services; and (ii) the establishment and
17		development of non-institutional services in areas of the State
18		where they are not currently available or are undeveloped.
19		The Illinois Department shall develop and operate, in
20		cooperation with other State Departments and agencies and in
21		compliance with applicable federal laws and regulations,
22		appropriate and effective systems of health care evaluation and
23		programs for monitoring of utilization of health care services
24		and facilities, as it affects persons eligible for medical
25		assistance under this Code.
26		The Illinois Department shall report annually to the

SB3733 Engrossed - 1308 - LRB096 19592 AMC 34984 b
1		General Assembly, no later than the second Friday in April of
2		1979 and each year thereafter, in regard to:
3		(a) actual statistics and trends in utilization of
4		medical services by public aid recipients;
5		(b) actual statistics and trends in the provision of
6		the various medical services by medical vendors;
7		(c) current rate structures and proposed changes in
8		those rate structures for the various medical vendors; and
9		(d) efforts at utilization review and control by the
10		Illinois Department.
11		The period covered by each report shall be the 3 years
12		ending on the June 30 prior to the report. The report shall
13		include suggested legislation for consideration by the General
14		Assembly. The filing of one copy of the report with the
15		Speaker, one copy with the Minority Leader and one copy with
16		the Clerk of the House of Representatives, one copy with the
17		President, one copy with the Minority Leader and one copy with
18		the Secretary of the Senate, one copy with the Legislative
19		Research Unit, and such additional copies with the State
20		Government Report Distribution Center for the General Assembly
21		as is required under paragraph (t) of Section 7 of the State
22		Library Act shall be deemed sufficient to comply with this
23		Section.
24		Rulemaking authority to implement Public Act 95-1045 this
25		amendatory Act of the 95th General Assembly, if any, is
26		conditioned on the rules being adopted in accordance with all

SB3733 Engrossed - 1309 - LRB096 19592 AMC 34984 b
1		provisions of the Illinois Administrative Procedure Act and all
2		rules and procedures of the Joint Committee on Administrative
3		Rules; any purported rule not so adopted, for whatever reason,
4		is unauthorized.
5		(Source: P.A. 95-331, eff. 8-21-07; 95-520, eff. 8-28-07;
6		95-1045, eff. 3-27-09; 96-156, eff. 1-1-10; 96-806, eff.
7		7-1-10; revised 11-4-09.)
8		(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
9		(Text of Section before amendment by P.A. 96-339)
10		Sec. 5-5.4. Standards of Payment - Department of Healthcare
11		and Family Services. The Department of Healthcare and Family
12		Services shall develop standards of payment of skilled nursing
13		and intermediate care services in facilities providing such
14		services under this Article which:
15		(1) Provide for the determination of a facility's payment
16		for skilled nursing and intermediate care services on a
17		prospective basis. The amount of the payment rate for all
18		nursing facilities certified by the Department of Public Health
19		under the Nursing Home Care Act as Intermediate Care for the
20		Developmentally Disabled facilities, Long Term Care for Under
21		Age 22 facilities, Skilled Nursing facilities, or Intermediate
22		Care facilities under the medical assistance program shall be
23		prospectively established annually on the basis of historical,
24		financial, and statistical data reflecting actual costs from
25		prior years, which shall be applied to the current rate year

SB3733 Engrossed - 1310 - LRB096 19592 AMC 34984 b
1		and updated for inflation, except that the capital cost element
2		for newly constructed facilities shall be based upon projected
3		budgets. The annually established payment rate shall take
4		effect on July 1 in 1984 and subsequent years. No rate increase
5		and no update for inflation shall be provided on or after July
6		1, 1994 and before July 1, 2010, unless specifically provided
7		for in this Section. The changes made by Public Act 93-841
8		extending the duration of the prohibition against a rate
9		increase or update for inflation are effective retroactive to
10		July 1, 2004.
11		For facilities licensed by the Department of Public Health
12		under the Nursing Home Care Act as Intermediate Care for the
13		Developmentally Disabled facilities or Long Term Care for Under
14		Age 22 facilities, the rates taking effect on July 1, 1998
15		shall include an increase of 3%. For facilities licensed by the
16		Department of Public Health under the Nursing Home Care Act as
17		Skilled Nursing facilities or Intermediate Care facilities,
18		the rates taking effect on July 1, 1998 shall include an
19		increase of 3% plus $1.10 per resident-day, as defined by the
20		Department. For facilities licensed by the Department of Public
21		Health under the Nursing Home Care Act as Intermediate Care
22		Facilities for the Developmentally Disabled or Long Term Care
23		for Under Age 22 facilities, the rates taking effect on January
24		1, 2006 shall include an increase of 3%. For facilities
25		licensed by the Department of Public Health under the Nursing
26		Home Care Act as Intermediate Care Facilities for the

SB3733 Engrossed - 1311 - LRB096 19592 AMC 34984 b
1		Developmentally Disabled or Long Term Care for Under Age 22
2		facilities, the rates taking effect on January 1, 2009 shall
3		include an increase sufficient to provide a $0.50 per hour wage
4		increase for non-executive staff.
5		For facilities licensed by the Department of Public Health
6		under the Nursing Home Care Act as Intermediate Care for the
7		Developmentally Disabled facilities or Long Term Care for Under
8		Age 22 facilities, the rates taking effect on July 1, 1999
9		shall include an increase of 1.6% plus $3.00 per resident-day,
10		as defined by the Department. For facilities licensed by the
11		Department of Public Health under the Nursing Home Care Act as
12		Skilled Nursing facilities or Intermediate Care facilities,
13		the rates taking effect on July 1, 1999 shall include an
14		increase of 1.6% and, for services provided on or after October
15		1, 1999, shall be increased by $4.00 per resident-day, as
16		defined by the Department.
17		For facilities licensed by the Department of Public Health
18		under the Nursing Home Care Act as Intermediate Care for the
19		Developmentally Disabled facilities or Long Term Care for Under
20		Age 22 facilities, the rates taking effect on July 1, 2000
21		shall include an increase of 2.5% per resident-day, as defined
22		by the Department. For facilities licensed by the Department of
23		Public Health under the Nursing Home Care Act as Skilled
24		Nursing facilities or Intermediate Care facilities, the rates
25		taking effect on July 1, 2000 shall include an increase of 2.5%
26		per resident-day, as defined by the Department.

SB3733 Engrossed - 1312 - LRB096 19592 AMC 34984 b
1		For facilities licensed by the Department of Public Health
2		under the Nursing Home Care Act as skilled nursing facilities
3		or intermediate care facilities, a new payment methodology must
4		be implemented for the nursing component of the rate effective
5		July 1, 2003. The Department of Public Aid (now Healthcare and
6		Family Services) shall develop the new payment methodology
7		using the Minimum Data Set (MDS) as the instrument to collect
8		information concerning nursing home resident condition
9		necessary to compute the rate. The Department shall develop the
10		new payment methodology to meet the unique needs of Illinois
11		nursing home residents while remaining subject to the
12		appropriations provided by the General Assembly. A transition
13		period from the payment methodology in effect on June 30, 2003
14		to the payment methodology in effect on July 1, 2003 shall be
15		provided for a period not exceeding 3 years and 184 days after
16		implementation of the new payment methodology as follows:
17		(A) For a facility that would receive a lower nursing
18		component rate per patient day under the new system than
19		the facility received effective on the date immediately
20		preceding the date that the Department implements the new
21		payment methodology, the nursing component rate per
22		patient day for the facility shall be held at the level in
23		effect on the date immediately preceding the date that the
24		Department implements the new payment methodology until a
25		higher nursing component rate of reimbursement is achieved
26		by that facility.

SB3733 Engrossed - 1313 - LRB096 19592 AMC 34984 b
1		(B) For a facility that would receive a higher nursing
2		component rate per patient day under the payment
3		methodology in effect on July 1, 2003 than the facility
4		received effective on the date immediately preceding the
5		date that the Department implements the new payment
6		methodology, the nursing component rate per patient day for
7		the facility shall be adjusted.
8		(C) Notwithstanding paragraphs (A) and (B), the
9		nursing component rate per patient day for the facility
10		shall be adjusted subject to appropriations provided by the
11		General Assembly.
12		For facilities licensed by the Department of Public Health
13		under the Nursing Home Care Act as Intermediate Care for the
14		Developmentally Disabled facilities or Long Term Care for Under
15		Age 22 facilities, the rates taking effect on March 1, 2001
16		shall include a statewide increase of 7.85%, as defined by the
17		Department.
18		Notwithstanding any other provision of this Section, for
19		facilities licensed by the Department of Public Health under
20		the Nursing Home Care Act as skilled nursing facilities or
21		intermediate care facilities, the numerator of the ratio used
22		by the Department of Healthcare and Family Services to compute
23		the rate payable under this Section using the Minimum Data Set
24		(MDS) methodology shall incorporate the following annual
25		amounts as the additional funds appropriated to the Department
26		specifically to pay for rates based on the MDS nursing

SB3733 Engrossed - 1314 - LRB096 19592 AMC 34984 b
1		component methodology in excess of the funding in effect on
2		December 31, 2006:
3		(i) For rates taking effect January 1, 2007,
4		$60,000,000.
5		(ii) For rates taking effect January 1, 2008,
6		$110,000,000.
7		(iii) For rates taking effect January 1, 2009,
8		$194,000,000.
9		Notwithstanding any other provision of this Section, for
10		facilities licensed by the Department of Public Health under
11		the Nursing Home Care Act as skilled nursing facilities or
12		intermediate care facilities, the support component of the
13		rates taking effect on January 1, 2008 shall be computed using
14		the most recent cost reports on file with the Department of
15		Healthcare and Family Services no later than April 1, 2005,
16		updated for inflation to January 1, 2006.
17		For facilities licensed by the Department of Public Health
18		under the Nursing Home Care Act as Intermediate Care for the
19		Developmentally Disabled facilities or Long Term Care for Under
20		Age 22 facilities, the rates taking effect on April 1, 2002
21		shall include a statewide increase of 2.0%, as defined by the
22		Department. This increase terminates on July 1, 2002; beginning
23		July 1, 2002 these rates are reduced to the level of the rates
24		in effect on March 31, 2002, as defined by the Department.
25		For facilities licensed by the Department of Public Health
26		under the Nursing Home Care Act as skilled nursing facilities

SB3733 Engrossed - 1315 - LRB096 19592 AMC 34984 b
1		or intermediate care facilities, the rates taking effect on
2		July 1, 2001 shall be computed using the most recent cost
3		reports on file with the Department of Public Aid no later than
4		April 1, 2000, updated for inflation to January 1, 2001. For
5		rates effective July 1, 2001 only, rates shall be the greater
6		of the rate computed for July 1, 2001 or the rate effective on
7		June 30, 2001.
8		Notwithstanding any other provision of this Section, for
9		facilities licensed by the Department of Public Health under
10		the Nursing Home Care Act as skilled nursing facilities or
11		intermediate care facilities, the Illinois Department shall
12		determine by rule the rates taking effect on July 1, 2002,
13		which shall be 5.9% less than the rates in effect on June 30,
14		2002.
15		Notwithstanding any other provision of this Section, for
16		facilities licensed by the Department of Public Health under
17		the Nursing Home Care Act as skilled nursing facilities or
18		intermediate care facilities, if the payment methodologies
19		required under Section 5A-12 and the waiver granted under 42
20		CFR 433.68 are approved by the United States Centers for
21		Medicare and Medicaid Services, the rates taking effect on July
22		1, 2004 shall be 3.0% greater than the rates in effect on June
23		30, 2004. These rates shall take effect only upon approval and
24		implementation of the payment methodologies required under
25		Section 5A-12.
26		Notwithstanding any other provisions of this Section, for

SB3733 Engrossed - 1316 - LRB096 19592 AMC 34984 b
1		facilities licensed by the Department of Public Health under
2		the Nursing Home Care Act as skilled nursing facilities or
3		intermediate care facilities, the rates taking effect on
4		January 1, 2005 shall be 3% more than the rates in effect on
5		December 31, 2004.
6		Notwithstanding any other provision of this Section, for
7		facilities licensed by the Department of Public Health under
8		the Nursing Home Care Act as skilled nursing facilities or
9		intermediate care facilities, effective January 1, 2009, the
10		per diem support component of the rates effective on January 1,
11		2008, computed using the most recent cost reports on file with
12		the Department of Healthcare and Family Services no later than
13		April 1, 2005, updated for inflation to January 1, 2006, shall
14		be increased to the amount that would have been derived using
15		standard Department of Healthcare and Family Services methods,
16		procedures, and inflators.
17		Notwithstanding any other provisions of this Section, for
18		facilities licensed by the Department of Public Health under
19		the Nursing Home Care Act as intermediate care facilities that
20		are federally defined as Institutions for Mental Disease, a
21		socio-development component rate equal to 6.6% of the
22		facility's nursing component rate as of January 1, 2006 shall
23		be established and paid effective July 1, 2006. The
24		socio-development component of the rate shall be increased by a
25		factor of 2.53 on the first day of the month that begins at
26		least 45 days after January 11, 2008 (the effective date of

SB3733 Engrossed - 1317 - LRB096 19592 AMC 34984 b
1		Public Act 95-707). As of August 1, 2008, the socio-development
2		component rate shall be equal to 6.6% of the facility's nursing
3		component rate as of January 1, 2006, multiplied by a factor of
4		3.53. The Illinois Department may by rule adjust these
5		socio-development component rates, but in no case may such
6		rates be diminished.
7		For facilities licensed by the Department of Public Health
8		under the Nursing Home Care Act as Intermediate Care for the
9		Developmentally Disabled facilities or as long-term care
10		facilities for residents under 22 years of age, the rates
11		taking effect on July 1, 2003 shall include a statewide
12		increase of 4%, as defined by the Department.
13		For facilities licensed by the Department of Public Health
14		under the Nursing Home Care Act as Intermediate Care for the
15		Developmentally Disabled facilities or Long Term Care for Under
16		Age 22 facilities, the rates taking effect on the first day of
17		the month that begins at least 45 days after the effective date
18		of this amendatory Act of the 95th General Assembly shall
19		include a statewide increase of 2.5%, as defined by the
20		Department.
21		Notwithstanding any other provision of this Section, for
22		facilities licensed by the Department of Public Health under
23		the Nursing Home Care Act as skilled nursing facilities or
24		intermediate care facilities, effective January 1, 2005,
25		facility rates shall be increased by the difference between (i)
26		a facility's per diem property, liability, and malpractice

SB3733 Engrossed - 1318 - LRB096 19592 AMC 34984 b
1		insurance costs as reported in the cost report filed with the
2		Department of Public Aid and used to establish rates effective
3		July 1, 2001 and (ii) those same costs as reported in the
4		facility's 2002 cost report. These costs shall be passed
5		through to the facility without caps or limitations, except for
6		adjustments required under normal auditing procedures.
7		Rates established effective each July 1 shall govern
8		payment for services rendered throughout that fiscal year,
9		except that rates established on July 1, 1996 shall be
10		increased by 6.8% for services provided on or after January 1,
11		1997. Such rates will be based upon the rates calculated for
12		the year beginning July 1, 1990, and for subsequent years
13		thereafter until June 30, 2001 shall be based on the facility
14		cost reports for the facility fiscal year ending at any point
15		in time during the previous calendar year, updated to the
16		midpoint of the rate year. The cost report shall be on file
17		with the Department no later than April 1 of the current rate
18		year. Should the cost report not be on file by April 1, the
19		Department shall base the rate on the latest cost report filed
20		by each skilled care facility and intermediate care facility,
21		updated to the midpoint of the current rate year. In
22		determining rates for services rendered on and after July 1,
23		1985, fixed time shall not be computed at less than zero. The
24		Department shall not make any alterations of regulations which
25		would reduce any component of the Medicaid rate to a level
26		below what that component would have been utilizing in the rate

SB3733 Engrossed - 1319 - LRB096 19592 AMC 34984 b
1		effective on July 1, 1984.
2		(2) Shall take into account the actual costs incurred by
3		facilities in providing services for recipients of skilled
4		nursing and intermediate care services under the medical
5		assistance program.
6		(3) Shall take into account the medical and psycho-social
7		characteristics and needs of the patients.
8		(4) Shall take into account the actual costs incurred by
9		facilities in meeting licensing and certification standards
10		imposed and prescribed by the State of Illinois, any of its
11		political subdivisions or municipalities and by the U.S.
12		Department of Health and Human Services pursuant to Title XIX
13		of the Social Security Act.
14		The Department of Healthcare and Family Services shall
15		develop precise standards for payments to reimburse nursing
16		facilities for any utilization of appropriate rehabilitative
17		personnel for the provision of rehabilitative services which is
18		authorized by federal regulations, including reimbursement for
19		services provided by qualified therapists or qualified
20		assistants, and which is in accordance with accepted
21		professional practices. Reimbursement also may be made for
22		utilization of other supportive personnel under appropriate
23		supervision.
24		(Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707,
25		eff. 1-11-08; 95-744, eff. 7-18-08; 96-45, eff. 7-15-09.)

SB3733 Engrossed - 1320 - LRB096 19592 AMC 34984 b
1		(Text of Section after amendment by P.A. 96-339)
2		Sec. 5-5.4. Standards of Payment - Department of Healthcare
3		and Family Services. The Department of Healthcare and Family
4		Services shall develop standards of payment of skilled nursing
5		and intermediate care services in facilities providing such
6		services under this Article which:
7		(1) Provide for the determination of a facility's payment
8		for skilled nursing and intermediate care services on a
9		prospective basis. The amount of the payment rate for all
10		nursing facilities certified by the Department of Public Health
11		under the MR/DD Community Care Act or the Nursing Home Care Act
12		as Intermediate Care for the Developmentally Disabled
13		facilities, Long Term Care for Under Age 22 facilities, Skilled
14		Nursing facilities, or Intermediate Care facilities under the
15		medical assistance program shall be prospectively established
16		annually on the basis of historical, financial, and statistical
17		data reflecting actual costs from prior years, which shall be
18		applied to the current rate year and updated for inflation,
19		except that the capital cost element for newly constructed
20		facilities shall be based upon projected budgets. The annually
21		established payment rate shall take effect on July 1 in 1984
22		and subsequent years. No rate increase and no update for
23		inflation shall be provided on or after July 1, 1994 and before
24		July 1, 2010, unless specifically provided for in this Section.
25		The changes made by Public Act 93-841 extending the duration of
26		the prohibition against a rate increase or update for inflation

SB3733 Engrossed - 1321 - LRB096 19592 AMC 34984 b
1		are effective retroactive to July 1, 2004.
2		For facilities licensed by the Department of Public Health
3		under the Nursing Home Care Act as Intermediate Care for the
4		Developmentally Disabled facilities or Long Term Care for Under
5		Age 22 facilities, the rates taking effect on July 1, 1998
6		shall include an increase of 3%. For facilities licensed by the
7		Department of Public Health under the Nursing Home Care Act as
8		Skilled Nursing facilities or Intermediate Care facilities,
9		the rates taking effect on July 1, 1998 shall include an
10		increase of 3% plus $1.10 per resident-day, as defined by the
11		Department. For facilities licensed by the Department of Public
12		Health under the Nursing Home Care Act as Intermediate Care
13		Facilities for the Developmentally Disabled or Long Term Care
14		for Under Age 22 facilities, the rates taking effect on January
15		1, 2006 shall include an increase of 3%. For facilities
16		licensed by the Department of Public Health under the Nursing
17		Home Care Act as Intermediate Care Facilities for the
18		Developmentally Disabled or Long Term Care for Under Age 22
19		facilities, the rates taking effect on January 1, 2009 shall
20		include an increase sufficient to provide a $0.50 per hour wage
21		increase for non-executive staff.
22		For facilities licensed by the Department of Public Health
23		under the Nursing Home Care Act as Intermediate Care for the
24		Developmentally Disabled facilities or Long Term Care for Under
25		Age 22 facilities, the rates taking effect on July 1, 1999
26		shall include an increase of 1.6% plus $3.00 per resident-day,

SB3733 Engrossed - 1322 - LRB096 19592 AMC 34984 b
1		as defined by the Department. For facilities licensed by the
2		Department of Public Health under the Nursing Home Care Act as
3		Skilled Nursing facilities or Intermediate Care facilities,
4		the rates taking effect on July 1, 1999 shall include an
5		increase of 1.6% and, for services provided on or after October
6		1, 1999, shall be increased by $4.00 per resident-day, as
7		defined by the Department.
8		For facilities licensed by the Department of Public Health
9		under the Nursing Home Care Act as Intermediate Care for the
10		Developmentally Disabled facilities or Long Term Care for Under
11		Age 22 facilities, the rates taking effect on July 1, 2000
12		shall include an increase of 2.5% per resident-day, as defined
13		by the Department. For facilities licensed by the Department of
14		Public Health under the Nursing Home Care Act as Skilled
15		Nursing facilities or Intermediate Care facilities, the rates
16		taking effect on July 1, 2000 shall include an increase of 2.5%
17		per resident-day, as defined by the Department.
18		For facilities licensed by the Department of Public Health
19		under the Nursing Home Care Act as skilled nursing facilities
20		or intermediate care facilities, a new payment methodology must
21		be implemented for the nursing component of the rate effective
22		July 1, 2003. The Department of Public Aid (now Healthcare and
23		Family Services) shall develop the new payment methodology
24		using the Minimum Data Set (MDS) as the instrument to collect
25		information concerning nursing home resident condition
26		necessary to compute the rate. The Department shall develop the

SB3733 Engrossed - 1323 - LRB096 19592 AMC 34984 b
1		new payment methodology to meet the unique needs of Illinois
2		nursing home residents while remaining subject to the
3		appropriations provided by the General Assembly. A transition
4		period from the payment methodology in effect on June 30, 2003
5		to the payment methodology in effect on July 1, 2003 shall be
6		provided for a period not exceeding 3 years and 184 days after
7		implementation of the new payment methodology as follows:
8		(A) For a facility that would receive a lower nursing
9		component rate per patient day under the new system than
10		the facility received effective on the date immediately
11		preceding the date that the Department implements the new
12		payment methodology, the nursing component rate per
13		patient day for the facility shall be held at the level in
14		effect on the date immediately preceding the date that the
15		Department implements the new payment methodology until a
16		higher nursing component rate of reimbursement is achieved
17		by that facility.
18		(B) For a facility that would receive a higher nursing
19		component rate per patient day under the payment
20		methodology in effect on July 1, 2003 than the facility
21		received effective on the date immediately preceding the
22		date that the Department implements the new payment
23		methodology, the nursing component rate per patient day for
24		the facility shall be adjusted.
25		(C) Notwithstanding paragraphs (A) and (B), the
26		nursing component rate per patient day for the facility

SB3733 Engrossed - 1324 - LRB096 19592 AMC 34984 b
1		shall be adjusted subject to appropriations provided by the
2		General Assembly.
3		For facilities licensed by the Department of Public Health
4		under the Nursing Home Care Act as Intermediate Care for the
5		Developmentally Disabled facilities or Long Term Care for Under
6		Age 22 facilities, the rates taking effect on March 1, 2001
7		shall include a statewide increase of 7.85%, as defined by the
8		Department.
9		Notwithstanding any other provision of this Section, for
10		facilities licensed by the Department of Public Health under
11		the Nursing Home Care Act as skilled nursing facilities or
12		intermediate care facilities, the numerator of the ratio used
13		by the Department of Healthcare and Family Services to compute
14		the rate payable under this Section using the Minimum Data Set
15		(MDS) methodology shall incorporate the following annual
16		amounts as the additional funds appropriated to the Department
17		specifically to pay for rates based on the MDS nursing
18		component methodology in excess of the funding in effect on
19		December 31, 2006:
20		(i) For rates taking effect January 1, 2007,
21		$60,000,000.
22		(ii) For rates taking effect January 1, 2008,
23		$110,000,000.
24		(iii) For rates taking effect January 1, 2009,
25		$194,000,000.
26		Notwithstanding any other provision of this Section, for

SB3733 Engrossed - 1325 - LRB096 19592 AMC 34984 b
1		facilities licensed by the Department of Public Health under
2		the Nursing Home Care Act as skilled nursing facilities or
3		intermediate care facilities, the support component of the
4		rates taking effect on January 1, 2008 shall be computed using
5		the most recent cost reports on file with the Department of
6		Healthcare and Family Services no later than April 1, 2005,
7		updated for inflation to January 1, 2006.
8		For facilities licensed by the Department of Public Health
9		under the Nursing Home Care Act as Intermediate Care for the
10		Developmentally Disabled facilities or Long Term Care for Under
11		Age 22 facilities, the rates taking effect on April 1, 2002
12		shall include a statewide increase of 2.0%, as defined by the
13		Department. This increase terminates on July 1, 2002; beginning
14		July 1, 2002 these rates are reduced to the level of the rates
15		in effect on March 31, 2002, as defined by the Department.
16		For facilities licensed by the Department of Public Health
17		under the Nursing Home Care Act as skilled nursing facilities
18		or intermediate care facilities, the rates taking effect on
19		July 1, 2001 shall be computed using the most recent cost
20		reports on file with the Department of Public Aid no later than
21		April 1, 2000, updated for inflation to January 1, 2001. For
22		rates effective July 1, 2001 only, rates shall be the greater
23		of the rate computed for July 1, 2001 or the rate effective on
24		June 30, 2001.
25		Notwithstanding any other provision of this Section, for
26		facilities licensed by the Department of Public Health under

SB3733 Engrossed - 1326 - LRB096 19592 AMC 34984 b
1		the Nursing Home Care Act as skilled nursing facilities or
2		intermediate care facilities, the Illinois Department shall
3		determine by rule the rates taking effect on July 1, 2002,
4		which shall be 5.9% less than the rates in effect on June 30,
5		2002.
6		Notwithstanding any other provision of this Section, for
7		facilities licensed by the Department of Public Health under
8		the Nursing Home Care Act as skilled nursing facilities or
9		intermediate care facilities, if the payment methodologies
10		required under Section 5A-12 and the waiver granted under 42
11		CFR 433.68 are approved by the United States Centers for
12		Medicare and Medicaid Services, the rates taking effect on July
13		1, 2004 shall be 3.0% greater than the rates in effect on June
14		30, 2004. These rates shall take effect only upon approval and
15		implementation of the payment methodologies required under
16		Section 5A-12.
17		Notwithstanding any other provisions of this Section, for
18		facilities licensed by the Department of Public Health under
19		the Nursing Home Care Act as skilled nursing facilities or
20		intermediate care facilities, the rates taking effect on
21		January 1, 2005 shall be 3% more than the rates in effect on
22		December 31, 2004.
23		Notwithstanding any other provision of this Section, for
24		facilities licensed by the Department of Public Health under
25		the Nursing Home Care Act as skilled nursing facilities or
26		intermediate care facilities, effective January 1, 2009, the

SB3733 Engrossed - 1327 - LRB096 19592 AMC 34984 b
1		per diem support component of the rates effective on January 1,
2		2008, computed using the most recent cost reports on file with
3		the Department of Healthcare and Family Services no later than
4		April 1, 2005, updated for inflation to January 1, 2006, shall
5		be increased to the amount that would have been derived using
6		standard Department of Healthcare and Family Services methods,
7		procedures, and inflators.
8		Notwithstanding any other provisions of this Section, for
9		facilities licensed by the Department of Public Health under
10		the Nursing Home Care Act as intermediate care facilities that
11		are federally defined as Institutions for Mental Disease, a
12		socio-development component rate equal to 6.6% of the
13		facility's nursing component rate as of January 1, 2006 shall
14		be established and paid effective July 1, 2006. The
15		socio-development component of the rate shall be increased by a
16		factor of 2.53 on the first day of the month that begins at
17		least 45 days after January 11, 2008 (the effective date of
18		Public Act 95-707). As of August 1, 2008, the socio-development
19		component rate shall be equal to 6.6% of the facility's nursing
20		component rate as of January 1, 2006, multiplied by a factor of
21		3.53. The Illinois Department may by rule adjust these
22		socio-development component rates, but in no case may such
23		rates be diminished.
24		For facilities licensed by the Department of Public Health
25		under the Nursing Home Care Act as Intermediate Care for the
26		Developmentally Disabled facilities or as long-term care

SB3733 Engrossed - 1328 - LRB096 19592 AMC 34984 b
1		facilities for residents under 22 years of age, the rates
2		taking effect on July 1, 2003 shall include a statewide
3		increase of 4%, as defined by the Department.
4		For facilities licensed by the Department of Public Health
5		under the Nursing Home Care Act as Intermediate Care for the
6		Developmentally Disabled facilities or Long Term Care for Under
7		Age 22 facilities, the rates taking effect on the first day of
8		the month that begins at least 45 days after the effective date
9		of this amendatory Act of the 95th General Assembly shall
10		include a statewide increase of 2.5%, as defined by the
11		Department.
12		Notwithstanding any other provision of this Section, for
13		facilities licensed by the Department of Public Health under
14		the Nursing Home Care Act as skilled nursing facilities or
15		intermediate care facilities, effective January 1, 2005,
16		facility rates shall be increased by the difference between (i)
17		a facility's per diem property, liability, and malpractice
18		insurance costs as reported in the cost report filed with the
19		Department of Public Aid and used to establish rates effective
20		July 1, 2001 and (ii) those same costs as reported in the
21		facility's 2002 cost report. These costs shall be passed
22		through to the facility without caps or limitations, except for
23		adjustments required under normal auditing procedures.
24		Rates established effective each July 1 shall govern
25		payment for services rendered throughout that fiscal year,
26		except that rates established on July 1, 1996 shall be

SB3733 Engrossed - 1329 - LRB096 19592 AMC 34984 b
1		increased by 6.8% for services provided on or after January 1,
2		1997. Such rates will be based upon the rates calculated for
3		the year beginning July 1, 1990, and for subsequent years
4		thereafter until June 30, 2001 shall be based on the facility
5		cost reports for the facility fiscal year ending at any point
6		in time during the previous calendar year, updated to the
7		midpoint of the rate year. The cost report shall be on file
8		with the Department no later than April 1 of the current rate
9		year. Should the cost report not be on file by April 1, the
10		Department shall base the rate on the latest cost report filed
11		by each skilled care facility and intermediate care facility,
12		updated to the midpoint of the current rate year. In
13		determining rates for services rendered on and after July 1,
14		1985, fixed time shall not be computed at less than zero. The
15		Department shall not make any alterations of regulations which
16		would reduce any component of the Medicaid rate to a level
17		below what that component would have been utilizing in the rate
18		effective on July 1, 1984.
19		(2) Shall take into account the actual costs incurred by
20		facilities in providing services for recipients of skilled
21		nursing and intermediate care services under the medical
22		assistance program.
23		(3) Shall take into account the medical and psycho-social
24		characteristics and needs of the patients.
25		(4) Shall take into account the actual costs incurred by
26		facilities in meeting licensing and certification standards

SB3733 Engrossed - 1330 - LRB096 19592 AMC 34984 b
1		imposed and prescribed by the State of Illinois, any of its
2		political subdivisions or municipalities and by the U.S.
3		Department of Health and Human Services pursuant to Title XIX
4		of the Social Security Act.
5		The Department of Healthcare and Family Services shall
6		develop precise standards for payments to reimburse nursing
7		facilities for any utilization of appropriate rehabilitative
8		personnel for the provision of rehabilitative services which is
9		authorized by federal regulations, including reimbursement for
10		services provided by qualified therapists or qualified
11		assistants, and which is in accordance with accepted
12		professional practices. Reimbursement also may be made for
13		utilization of other supportive personnel under appropriate
14		supervision.
15		(Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707,
16		eff. 1-11-08; 95-744, eff. 7-18-08; 96-45, eff. 7-15-09;
17		96-339, eff. 7-1-10; revised 10-23-09.)
18		(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
19		Sec. 12-4.11. Grant amounts. The Department, with due
20		regard for and subject to budgetary limitations, shall
21		establish grant amounts for each of the programs, by
22		regulation. The grant amounts may vary by program, size of
23		assistance unit and geographic area.
24		Aid payments shall not be reduced except: (1) for changes
25		in the cost of items included in the grant amounts, or (2) for

SB3733 Engrossed - 1331 - LRB096 19592 AMC 34984 b
1		changes in the expenses of the recipient, or (3) for changes in
2		the income or resources available to the recipient, or (4) for
3		changes in grants resulting from adoption of a consolidated
4		grant amount. Beginning July 1, 2008, the Department of Human
5		Services shall increase TANF grant amounts in effect on June
6		30, 2008 by 9%.
7		Subject to appropriation, beginning on July 1, 2008, the
8		Department of Human Services shall increase TANF grant amounts
9		in effect on June 30, 2008 by 15%. The Department is authorized
10		to administer this increase but may not otherwise adopt any
11		rule to implement this increase.
12		In fixing standards to govern payments or reimbursements
13		for funeral and burial expenses, the Department shall establish
14		a minimum allowable amount of not less than $1,000 for
15		Department payment of funeral services and not less than $500
16		for Department payment of burial or cremation services. On
17		January 1, 2006, July 1, 2006, and July 1, 2007, the Department
18		shall increase the minimum reimbursement amount for funeral and
19		burial expenses under this Section by a percentage equal to the
20		percentage increase in the Consumer Price Index for All Urban
21		Consumers, if any, during the 12 months immediately preceding
22		that January 1 or July 1. In establishing the minimum allowable
23		amount, the Department shall take into account the services
24		essential to a dignified, low-cost (i) funeral and (ii) burial
25		or cremation, including reasonable amounts that may be
26		necessary for burial space and cemetery charges, and any

SB3733 Engrossed - 1332 - LRB096 19592 AMC 34984 b
1		applicable taxes or other required governmental fees or
2		charges. If no person has agreed to pay the total cost of the
3		(i) funeral and (ii) burial or cremation charges, the
4		Department shall pay the vendor the actual costs of the (i)
5		funeral and (ii) burial or cremation, or the minimum allowable
6		amount for each service as established by the Department,
7		whichever is less, provided that the Department reduces its
8		payments by the amount available from the following sources:
9		the decedent's assets and available resources and the
10		anticipated amounts of any death benefits available to the
11		decedent's estate, and amounts paid and arranged to be paid by
12		the decedent's legally responsible relatives. A legally
13		responsible relative is expected to pay (i) funeral and (ii)
14		burial or cremation expenses unless financially unable to do
15		so.
16		Nothing contained in this Section or in any other Section
17		of this Code shall be construed to prohibit the Illinois
18		Department (1) from consolidating existing standards on the
19		basis of any standards which are or were in effect on, or
20		subsequent to July 1, 1969, or (2) from employing any
21		consolidated standards in determining need for public aid and
22		the amount of money payment or grant for individual recipients
23		or recipient families.
24		(Source: P.A. 94-669, eff. 8-23-05; 95-744, eff. 7-18-08;
25		95-1055, eff. 4-10-09; revised 4-14-09.)

SB3733 Engrossed - 1333 - LRB096 19592 AMC 34984 b
1		(305 ILCS 5/12-4.37)
2		Sec. 12-4.37. Children's Healthcare Partnership Pilot
3		Program.
4		(a) The Department of Healthcare and Family Services, in
5		cooperation with the Department of Human Services, shall
6		establish a Children's Healthcare Partnership Pilot Program in
7		Sangamon County to fund the provision of various health care
8		services by a single provider, or a group of providers that
9		have entered into an agreement for that purpose, at a single
10		location in the county. Services covered under the pilot
11		program shall include, but need not be limited to, family
12		practice, pediatric, nursing (including advanced practice
13		nursing), psychiatric, dental, and vision services. The
14		Departments shall fund the provision of all services provided
15		under the pilot program using a rate structure that is
16		cost-based. To be selected by the Departments as the provider
17		of health care services under the pilot program, a provider or
18		group of providers must serve a disproportionate share of
19		low-income or indigent patients, including recipients of
20		medical assistance under Article V of this Code. The
21		Departments shall adopt rules as necessary to implement this
22		Section.
23		(b) Implementation of this Section is contingent on federal
24		approval. The Department of Healthcare and Family Services
25		shall take appropriate action by January 1, 2010 to seek
26		federal approval.

SB3733 Engrossed - 1334 - LRB096 19592 AMC 34984 b
1		(c) This Section is inoperative if the provider of health
2		care services under the pilot program receives designation as a
3		Federally Qualified Health Center (FQHC) or FQHC Look-Alike.
4		(Source: P.A. 96-691, eff. 8-25-09.)
5		(305 ILCS 5/12-4.39)
6		Sec. 12-4.39 12-4.37. Dental clinic grant program.
7		(a) Grant program. Subject to funding availability, the
8		Department of Healthcare and Family Services shall administer a
9		grant program. The purpose of this grant program shall be to
10		build the public infrastructure for dental care and to make
11		grants to local health departments, federally qualified health
12		clinics (FQHCs), and rural health clinics (RHCs) for
13		development of comprehensive dental clinics for dental care
14		services. The primary purpose of these new dental clinics will
15		be to increase dental access for low-income and Department of
16		Healthcare and Family Services clients who have no dental
17		arrangements with a dental provider in a project's service
18		area. The dental clinic must be willing to accept out-of-area
19		clients who need dental services, including emergency services
20		for adults and Early and Periodic Screening, Diagnosis and
21		Treatment (EPSDT)-referral children. Medically Underserved
22		Areas (MUAs) and Health Professional Shortage Areas (HPSAs)
23		shall receive special priority for grants under this program.
24		(b) Eligible applicants. The following entities are
25		eligible to apply for grants:

SB3733 Engrossed - 1335 - LRB096 19592 AMC 34984 b
1		(1) Local health departments.
2		(2) Federally Qualified Health Centers (FQHCs).
3		(3) Rural health clinics (RHCs).
4		(c) Use of grant moneys. Grant moneys must be used to
5		support projects that develop dental services to meet the
6		dental health care needs of Department of Healthcare and Family
7		Services Dental Program clients. Grant moneys must be used for
8		operating expenses, including, but not limited to: insurance;
9		dental supplies and equipment; dental support services; and
10		renovation expenses. Grant moneys may not be used to offset
11		existing indebtedness, supplant existing funds, purchase real
12		property, or pay for personnel service salaries for dental
13		employees.
14		(d) Application process. The Department shall establish
15		procedures for applying for dental clinic grants.
16		(Source: P.A. 96-67, eff. 7-23-09; revised 10-24-09.)
17		(305 ILCS 5/12-4.201)
18		Sec. 12-4.201. (a) Data warehouse concerning medical and
19		related services.
20		(a) The Department of Healthcare and Family Services may
21		purchase services and materials associated with the costs of
22		developing and implementing a data warehouse comprised of
23		management and decision making information in regard to the
24		liability associated with, and utilization of, medical and
25		related services, out of moneys available for that purpose.

SB3733 Engrossed - 1336 - LRB096 19592 AMC 34984 b
1		(b) The Department of Healthcare and Family Services shall
2		perform all necessary administrative functions to expand its
3		linearly-scalable data warehouse to encompass other healthcare
4		data sources at both the Department of Human Services and the
5		Department of Public Health. The Department of Healthcare and
6		Family Services shall leverage the inherent capabilities of the
7		data warehouse to accomplish this expansion with marginal
8		additional technical administration. The purpose of this
9		expansion is to allow for programmatic review and analysis
10		including the interrelatedness among the various healthcare
11		programs in order to ascertain effectiveness toward, and
12		ultimate impact on, clients. Beginning July 1, 2005, the
13		Department of Healthcare and Family Services (formerly
14		Department of Public Aid) shall supply quarterly reports to the
15		Commission on Government Forecasting and Accountability
16		detailing progress toward this mandate.
17		(c) The Department of Healthcare and Family Services (HFS),
18		the Illinois Department of Public Health, the Illinois
19		Department of Human Services, and the Division of Specialized
20		Care for Children, University of Illinois at Chicago, with
21		necessary support from the Department of Central Management
22		Services, shall integrate into the medical data warehouse
23		individual record level data owned by one of these agencies
24		that pertains to maternal and child health, including the
25		following data sets:
26		(1) Vital Records as they relate to births, birth

SB3733 Engrossed - 1337 - LRB096 19592 AMC 34984 b
1		outcomes, and deaths.
2		(2) Adverse Pregnancy Outcomes Reporting System
3		(APORS).
4		(3) Genetics/Newborn Screenings/SIDS.
5		(4) Cornerstone (WIC, FCM, Teen Parents,
6		Immunization).
7		(5) HFS medical claims data.
8		(6) I-CARE.
9		(7) Children with Special Healthcare Needs Data.
10		By September 1, 2009, the departments of Healthcare and
11		Family Services, Public Health, and Human Services and the
12		Division of Specialized Care for Children shall jointly prepare
13		a work plan for fully integrating these data sets into the
14		medical data warehouse. The work plan shall provide an overall
15		project design, including defining a mutually acceptable
16		transfer format for each discrete data set, the data update
17		frequency, and a single method of data transfer for each data
18		set. By October 1, 2009, the Department of Public Health shall
19		grant to the Department of Healthcare and Family Services
20		complete access to all vital records data. The Department of
21		Public Health shall prepare a report detailing that this task
22		has been accomplished and submit this report to the Commission
23		on Government Forecasting and Accountability by October 15,
24		2009. By March 1, 2010, the data sets shall be completely
25		loaded into the medical data warehouse. By July 1, 2010, data
26		from the various sources shall be processed so as to be

SB3733 Engrossed - 1338 - LRB096 19592 AMC 34984 b
1		compatible with other data in the medical data warehouse and
2		available for analysis in an integrated manner.
3		With the cooperation of the other agencies, HFS shall
4		submit status reports on the progress of these efforts to the
5		Governor and the General Assembly no later than October 1, 2009
6		and April 1, 2010, with a final report due no later than
7		November 1, 2010.
8		On an ongoing basis, the 4 agencies shall review the
9		feasibility of adding data from additional sources to the
10		warehouse. Such review may take into account the cost
11		effectiveness of adding the data, the utility of adding data
12		that is not available as identifiable individual record level
13		data, the requirements related to adding data owned by another
14		entity or not available in electronic form, whether sharing of
15		the data is otherwise prohibited by law and the resources
16		required and available for effecting the addition.
17		The departments shall use analysis of the data in the
18		medical data warehouse to improve maternal and child health
19		outcomes, and in particular improve birth outcomes, and to
20		reduce racial health disparities in this area.
21		All access and use of the data shall be in compliance with
22		all applicable federal and State laws, regulations, and
23		mandates.
24		Notwithstanding anything in this Section, data
25		incorporated into the data warehouse shall remain subject to
26		the same provisions of law regarding confidentiality and use

SB3733 Engrossed - 1339 - LRB096 19592 AMC 34984 b
1		restrictions as they are subject to in the control of the
2		contributing agency. The Department of Healthcare and Family
3		Services shall develop measures to ensure that the interplay of
4		the several data sets contributed to the data warehouse does
5		not lead to the use or release of data from the data warehouse
6		that would not otherwise be subject to use or release under
7		State or federal law.
8		(Source: P.A. 95-331, eff. 8-21-07; 96-799, eff. 10-28-09;
9		revised 11-24-09.)
10		Section 505. The Energy Assistance Act is amended by
11		changing Sections 6 and 13 as follows:
12		(305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
13		Sec. 6. Eligibility, Conditions of Participation, and
14		Energy Assistance.
15		(a) Any person who is a resident of the State of Illinois
16		and whose household income is not greater than an amount
17		determined annually by the Department, in consultation with the
18		Policy Advisory Council, may apply for assistance pursuant to
19		this Act in accordance with regulations promulgated by the
20		Department. In setting the annual eligibility level, the
21		Department shall consider the amount of available funding and
22		may not set a limit higher than 150% of the federal nonfarm
23		poverty level as established by the federal Office of
24		Management and Budget; except that for the period ending June

SB3733 Engrossed - 1340 - LRB096 19592 AMC 34984 b
1		30, 2012, or until the expenditure of federal resources
2		allocated for energy assistance programs by the American
3		Recovery and Reinvestment Act, whichever occurs first, the
4		Department may not establish limits higher than 200% of that
5		poverty level.
6		(b) Applicants who qualify for assistance pursuant to
7		subsection (a) of this Section shall, subject to appropriation
8		from the General Assembly and subject to availability of funds
9		to the Department, receive energy assistance as provided by
10		this Act. The Department, upon receipt of monies authorized
11		pursuant to this Act for energy assistance, shall commit funds
12		for each qualified applicant in an amount determined by the
13		Department. In determining the amounts of assistance to be
14		provided to or on behalf of a qualified applicant, the
15		Department shall ensure that the highest amounts of assistance
16		go to households with the greatest energy costs in relation to
17		household income. The Department shall include factors such as
18		energy costs, household size, household income, and region of
19		the State when determining individual household benefits. In
20		setting assistance levels, the Department shall attempt to
21		provide assistance to approximately the same number of
22		households who participated in the 1991 Residential Energy
23		Assistance Partnership Program. Such assistance levels shall
24		be adjusted annually on the basis of funding availability and
25		energy costs. In promulgating rules for the administration of
26		this Section the Department shall assure that a minimum of 1/3

SB3733 Engrossed - 1341 - LRB096 19592 AMC 34984 b
1		of funds available for benefits to eligible households with the
2		lowest incomes and that elderly and disabled households are
3		offered a priority application period.
4		(c) If the applicant is not a customer of record of an
5		energy provider for energy services or an applicant for such
6		service, such applicant shall receive a direct energy
7		assistance payment in an amount established by the Department
8		for all such applicants under this Act; provided, however, that
9		such an applicant must have rental expenses for housing greater
10		than 30% of household income.
11		(c-1) This subsection shall apply only in cases where: (1)
12		the applicant is not a customer of record of an energy provider
13		because energy services are provided by the owner of the unit
14		as a portion of the rent; (2) the applicant resides in housing
15		subsidized or developed with funds provided under the Rental
16		Housing Support Program Act or under a similar locally funded
17		rent subsidy program, or is the voucher holder who resides in a
18		rental unit within the State of Illinois and whose monthly rent
19		is subsidized by the tenant-based Housing Choice Voucher
20		Program under Section 8 of the U.S. Housing Act of 1937; and
21		(3) the rental expenses for housing are no more than 30% of
22		household income. In such cases, the household may apply for an
23		energy assistance payment under this Act and the owner of the
24		housing unit shall cooperate with the applicant by providing
25		documentation of the energy costs for that unit. Any
26		compensation paid to the energy provider who supplied energy

SB3733 Engrossed - 1342 - LRB096 19592 AMC 34984 b
1		services to the household shall be paid on behalf of the owner
2		of the housing unit providing energy services to the household.
3		The Department shall report annually to the General Assembly on
4		the number of households receiving energy assistance under this
5		subsection and the cost of such assistance. The provisions of
6		this subsection (c-1), other than this sentence, are
7		inoperative after August 31, 2012.
8		(d) If the applicant is a customer of an energy provider,
9		such applicant shall receive energy assistance in an amount
10		established by the Department for all such applicants under
11		this Act, such amount to be paid by the Department to the
12		energy provider supplying winter energy service to such
13		applicant. Such applicant shall:
14		(i) make all reasonable efforts to apply to any other
15		appropriate source of public energy assistance; and
16		(ii) sign a waiver permitting the Department to receive
17		income information from any public or private agency
18		providing income or energy assistance and from any
19		employer, whether public or private.
20		(e) Any qualified applicant pursuant to this Section may
21		receive or have paid on such applicant's behalf an emergency
22		assistance payment to enable such applicant to obtain access to
23		winter energy services. Any such payments shall be made in
24		accordance with regulations of the Department.
25		(f) The Department may, if sufficient funds are available,
26		provide additional benefits to certain qualified applicants:

SB3733 Engrossed - 1343 - LRB096 19592 AMC 34984 b
1		(i) for the reduction of past due amounts owed to
2		energy providers; and
3		(ii) to assist the household in responding to
4		excessively high summer temperatures or energy costs.
5		Households containing elderly members, children, a person
6		with a disability, or a person with a medical need for
7		conditioned air shall receive priority for receipt of such
8		benefits.
9		(Source: P.A. 96-154, eff. 1-1-10; 96-157, eff. 9-1-09; revised
10		9-4-09.)
11		(305 ILCS 20/13)
12		(Section scheduled to be repealed on December 31, 2013)
13		Sec. 13. Supplemental Low-Income Energy Assistance Fund.
14		(a) The Supplemental Low-Income Energy Assistance Fund is
15		hereby created as a special fund in the State Treasury. The
16		Supplemental Low-Income Energy Assistance Fund is authorized
17		to receive moneys from voluntary donations from individuals,
18		foundations, corporations, and other sources, moneys received
19		pursuant to Section 17, and, by statutory deposit, the moneys
20		collected pursuant to this Section. The Fund is also authorized
21		to receive voluntary donations from individuals, foundations,
22		corporations, and other sources, as well as contributions made
23		in accordance with Section 507MM of the Illinois Income Tax
24		Act. Subject to appropriation, the Department shall use moneys
25		from the Supplemental Low-Income Energy Assistance Fund for

SB3733 Engrossed - 1344 - LRB096 19592 AMC 34984 b
1		payments to electric or gas public utilities, municipal
2		electric or gas utilities, and electric cooperatives on behalf
3		of their customers who are participants in the program
4		authorized by Sections 4 and 18 of this Act, for the provision
5		of weatherization services and for administration of the
6		Supplemental Low-Income Energy Assistance Fund. The yearly
7		expenditures for weatherization may not exceed 10% of the
8		amount collected during the year pursuant to this Section. The
9		yearly administrative expenses of the Supplemental Low-Income
10		Energy Assistance Fund may not exceed 10% of the amount
11		collected during that year pursuant to this Section.
12		(b) Notwithstanding the provisions of Section 16-111 of the
13		Public Utilities Act but subject to subsection (k) of this
14		Section, each public utility, electric cooperative, as defined
15		in Section 3.4 of the Electric Supplier Act, and municipal
16		utility, as referenced in Section 3-105 of the Public Utilities
17		Act, that is engaged in the delivery of electricity or the
18		distribution of natural gas within the State of Illinois shall,
19		effective January 1, 1998, assess each of its customer accounts
20		a monthly Energy Assistance Charge for the Supplemental
21		Low-Income Energy Assistance Fund. The delivering public
22		utility, municipal electric or gas utility, or electric or gas
23		cooperative for a self-assessing purchaser remains subject to
24		the collection of the fee imposed by this Section. The monthly
25		charge shall be as follows:
26		(1) $0.48 per month on each account for residential

SB3733 Engrossed - 1345 - LRB096 19592 AMC 34984 b
1		electric service;
2		(2) $0.48 per month on each account for residential gas
3		service;
4		(3) $4.80 per month on each account for non-residential
5		electric service which had less than 10 megawatts of peak
6		demand during the previous calendar year;
7		(4) $4.80 per month on each account for non-residential
8		gas service which had distributed to it less than 4,000,000
9		therms of gas during the previous calendar year;
10		(5) $360 per month on each account for non-residential
11		electric service which had 10 megawatts or greater of peak
12		demand during the previous calendar year; and
13		(6) $360 per month on each account for non-residential
14		gas service which had 4,000,000 or more therms of gas
15		distributed to it during the previous calendar year.
16		The incremental change to such charges imposed by this
17		amendatory Act of the 96th General Assembly shall not (i) be
18		used for any purpose other than to directly assist customers
19		and (ii) be applicable to utilities serving less than 100,000
20		customers in Illinois on January 1, 2009.
21		In addition, electric and gas utilities have committed, and
22		shall contribute, a one-time payment of $22 million to the
23		Fund, within 10 days after the effective date of the tariffs
24		established pursuant to Sections 16-111.8 and 19-145 of the
25		Public Utilities Act to be used for the Department's cost of
26		implementing the programs described in Section 18 of this

SB3733 Engrossed - 1346 - LRB096 19592 AMC 34984 b
1		amendatory Act of the 96th General Assembly, the Arrearage
2		Reduction Program described in Section 18, and the programs
3		described in Section 8-105 of the Public Utilities Act. If a
4		utility elects not to file a rider within 90 days after the
5		effective date of this amendatory Act of the 96th General
6		Assembly, then the contribution from such utility shall be made
7		no later than February 1, 2010.
8		(c) For purposes of this Section:
9		(1) "residential electric service" means electric
10		utility service for household purposes delivered to a
11		dwelling of 2 or fewer units which is billed under a
12		residential rate, or electric utility service for
13		household purposes delivered to a dwelling unit or units
14		which is billed under a residential rate and is registered
15		by a separate meter for each dwelling unit;
16		(2) "residential gas service" means gas utility
17		service for household purposes distributed to a dwelling of
18		2 or fewer units which is billed under a residential rate,
19		or gas utility service for household purposes distributed
20		to a dwelling unit or units which is billed under a
21		residential rate and is registered by a separate meter for
22		each dwelling unit;
23		(3) "non-residential electric service" means electric
24		utility service which is not residential electric service;
25		and
26		(4) "non-residential gas service" means gas utility

SB3733 Engrossed - 1347 - LRB096 19592 AMC 34984 b
1		service which is not residential gas service.
2		(d) Within 30 days after the effective date of this
3		amendatory Act of the 96th General Assembly, each public
4		utility engaged in the delivery of electricity or the
5		distribution of natural gas shall file with the Illinois
6		Commerce Commission tariffs incorporating the Energy
7		Assistance Charge in other charges stated in such tariffs,
8		which shall become effective no later than the beginning of the
9		first billing cycle following such filing.
10		(e) The Energy Assistance Charge assessed by electric and
11		gas public utilities shall be considered a charge for public
12		utility service.
13		(f) By the 20th day of the month following the month in
14		which the charges imposed by the Section were collected, each
15		public utility, municipal utility, and electric cooperative
16		shall remit to the Department of Revenue all moneys received as
17		payment of the Energy Assistance Charge on a return prescribed
18		and furnished by the Department of Revenue showing such
19		information as the Department of Revenue may reasonably
20		require; provided, however, that a utility offering an
21		Arrearage Reduction Program pursuant to Section 18 of this Act
22		shall be entitled to net those amounts necessary to fund and
23		recover the costs of such Program as authorized by that Section
24		that is no more than the incremental change in such Energy
25		Assistance Charge authorized by this amendatory Act of the 96th
26		General Assembly. If a customer makes a partial payment, a

SB3733 Engrossed - 1348 - LRB096 19592 AMC 34984 b
1		public utility, municipal utility, or electric cooperative may
2		elect either: (i) to apply such partial payments first to
3		amounts owed to the utility or cooperative for its services and
4		then to payment for the Energy Assistance Charge or (ii) to
5		apply such partial payments on a pro-rata basis between amounts
6		owed to the utility or cooperative for its services and to
7		payment for the Energy Assistance Charge.
8		(g) The Department of Revenue shall deposit into the
9		Supplemental Low-Income Energy Assistance Fund all moneys
10		remitted to it in accordance with subsection (f) of this
11		Section; provided, however, that the amounts remitted by each
12		utility shall be used to provide assistance to that utility's
13		customers. The utilities shall coordinate with the Department
14		to establish an equitable and practical methodology for
15		implementing this subsection (g) beginning with the 2010
16		program year.
17		(h) (Blank). On or before December 31, 2002, the Department
18		shall prepare a report for the General Assembly on the
19		expenditure of funds appropriated from the Low-Income Energy
20		Assistance Block Grant Fund for the program authorized under
21		Section 4 of this Act.
22		(i) The Department of Revenue may establish such rules as
23		it deems necessary to implement this Section.
24		(j) The Department of Commerce and Economic Opportunity may
25		establish such rules as it deems necessary to implement this
26		Section.

SB3733 Engrossed - 1349 - LRB096 19592 AMC 34984 b
1		(k) The charges imposed by this Section shall only apply to
2		customers of municipal electric or gas utilities and electric
3		or gas cooperatives if the municipal electric or gas utility or
4		electric or gas cooperative makes an affirmative decision to
5		impose the charge. If a municipal electric or gas utility or an
6		electric cooperative makes an affirmative decision to impose
7		the charge provided by this Section, the municipal electric or
8		gas utility or electric cooperative shall inform the Department
9		of Revenue in writing of such decision when it begins to impose
10		the charge. If a municipal electric or gas utility or electric
11		or gas cooperative does not assess this charge, the Department
12		may not use funds from the Supplemental Low-Income Energy
13		Assistance Fund to provide benefits to its customers under the
14		program authorized by Section 4 of this Act.
15		In its use of federal funds under this Act, the Department
16		may not cause a disproportionate share of those federal funds
17		to benefit customers of systems which do not assess the charge
18		provided by this Section.
19		This Section is repealed effective December 31, 2013 unless
20		renewed by action of the General Assembly. The General Assembly
21		shall consider the results of the evaluations described in
22		Section 8 in its deliberations.
23		(Source: P.A. 95-48, eff. 8-10-07; 95-331, eff. 8-21-07; 96-33,
24		eff. 7-10-09; 96-154, eff. 1-1-10; revised 11-4-09.)
25		Section 510. The Elder Abuse and Neglect Act is amended by

SB3733 Engrossed - 1350 - LRB096 19592 AMC 34984 b
1		changing Sections 2, 3, and 4 as follows:
2		(320 ILCS 20/2) (from Ch. 23, par. 6602)
3		(Text of Section before amendment by P.A. 96-339)
4		Sec. 2. Definitions. As used in this Act, unless the
5		context requires otherwise:
6		(a) "Abuse" means causing any physical, mental or sexual
7		injury to an eligible adult, including exploitation of such
8		adult's financial resources.
9		Nothing in this Act shall be construed to mean that an
10		eligible adult is a victim of abuse, neglect, or self-neglect
11		for the sole reason that he or she is being furnished with or
12		relies upon treatment by spiritual means through prayer alone,
13		in accordance with the tenets and practices of a recognized
14		church or religious denomination.
15		Nothing in this Act shall be construed to mean that an
16		eligible adult is a victim of abuse because of health care
17		services provided or not provided by licensed health care
18		professionals.
19		(a-5) "Abuser" means a person who abuses, neglects, or
20		financially exploits an eligible adult.
21		(a-7) "Caregiver" means a person who either as a result of
22		a family relationship, voluntarily, or in exchange for
23		compensation has assumed responsibility for all or a portion of
24		the care of an eligible adult who needs assistance with
25		activities of daily living.

SB3733 Engrossed - 1351 - LRB096 19592 AMC 34984 b
1		(b) "Department" means the Department on Aging of the State
2		of Illinois.
3		(c) "Director" means the Director of the Department.
4		(d) "Domestic living situation" means a residence where the
5		eligible adult lives alone or with his or her family or a
6		caregiver, or others, or a board and care home or other
7		community-based unlicensed facility, but is not:
8		(1) A licensed facility as defined in Section 1-113 of
9		the Nursing Home Care Act;
10		(2) A "life care facility" as defined in the Life Care
11		Facilities Act;
12		(3) A home, institution, or other place operated by the
13		federal government or agency thereof or by the State of
14		Illinois;
15		(4) A hospital, sanitarium, or other institution, the
16		principal activity or business of which is the diagnosis,
17		care, and treatment of human illness through the
18		maintenance and operation of organized facilities
19		therefor, which is required to be licensed under the
20		Hospital Licensing Act;
21		(5) A "community living facility" as defined in the
22		Community Living Facilities Licensing Act;
23		(6) (Blank);
24		(7) A "community-integrated living arrangement" as
25		defined in the Community-Integrated Living Arrangements
26		Licensure and Certification Act;

SB3733 Engrossed - 1352 - LRB096 19592 AMC 34984 b
1		(8) An assisted living or shared housing establishment
2		as defined in the Assisted Living and Shared Housing Act;
3		or
4		(9) A supportive living facility as described in
5		Section 5-5.01a of the Illinois Public Aid Code.
6		(e) "Eligible adult" means a person 60 years of age or
7		older who resides in a domestic living situation and is, or is
8		alleged to be, abused, neglected, or financially exploited by
9		another individual or who neglects himself or herself.
10		(f) "Emergency" means a situation in which an eligible
11		adult is living in conditions presenting a risk of death or
12		physical, mental or sexual injury and the provider agency has
13		reason to believe the eligible adult is unable to consent to
14		services which would alleviate that risk.
15		(f-5) "Mandated reporter" means any of the following
16		persons while engaged in carrying out their professional
17		duties:
18		(1) a professional or professional's delegate while
19		engaged in: (i) social services, (ii) law enforcement,
20		(iii) education, (iv) the care of an eligible adult or
21		eligible adults, or (v) any of the occupations required to
22		be licensed under the Clinical Psychologist Licensing Act,
23		the Clinical Social Work and Social Work Practice Act, the
24		Illinois Dental Practice Act, the Dietetic and Nutrition
25		Services Practice Act, the Marriage and Family Therapy
26		Licensing Act, the Medical Practice Act of 1987, the

SB3733 Engrossed - 1353 - LRB096 19592 AMC 34984 b
1		Naprapathic Practice Act, the Nurse Practice Act, the
2		Nursing Home Administrators Licensing and Disciplinary
3		Act, the Illinois Occupational Therapy Practice Act, the
4		Illinois Optometric Practice Act of 1987, the Pharmacy
5		Practice Act, the Illinois Physical Therapy Act, the
6		Physician Assistant Practice Act of 1987, the Podiatric
7		Medical Practice Act of 1987, the Respiratory Care Practice
8		Act, the Professional Counselor and Clinical Professional
9		Counselor Licensing Act, the Illinois Speech-Language
10		Pathology and Audiology Practice Act, the Veterinary
11		Medicine and Surgery Practice Act of 2004, and the Illinois
12		Public Accounting Act;
13		(2) an employee of a vocational rehabilitation
14		facility prescribed or supervised by the Department of
15		Human Services;
16		(3) an administrator, employee, or person providing
17		services in or through an unlicensed community based
18		facility;
19		(4) any religious practitioner who provides treatment
20		by prayer or spiritual means alone in accordance with the
21		tenets and practices of a recognized church or religious
22		denomination, except as to information received in any
23		confession or sacred communication enjoined by the
24		discipline of the religious denomination to be held
25		confidential;
26		(5) field personnel of the Department of Healthcare and

SB3733 Engrossed - 1354 - LRB096 19592 AMC 34984 b
1		Family Services, Department of Public Health, and
2		Department of Human Services, and any county or municipal
3		health department;
4		(6) personnel of the Department of Human Services, the
5		Guardianship and Advocacy Commission, the State Fire
6		Marshal, local fire departments, the Department on Aging
7		and its subsidiary Area Agencies on Aging and provider
8		agencies, and the Office of State Long Term Care Ombudsman;
9		(7) any employee of the State of Illinois not otherwise
10		specified herein who is involved in providing services to
11		eligible adults, including professionals providing medical
12		or rehabilitation services and all other persons having
13		direct contact with eligible adults;
14		(8) a person who performs the duties of a coroner or
15		medical examiner; or
16		(9) a person who performs the duties of a paramedic or
17		an emergency medical technician.
18		(g) "Neglect" means another individual's failure to
19		provide an eligible adult with or willful withholding from an
20		eligible adult the necessities of life including, but not
21		limited to, food, clothing, shelter or health care. This
22		subsection does not create any new affirmative duty to provide
23		support to eligible adults. Nothing in this Act shall be
24		construed to mean that an eligible adult is a victim of neglect
25		because of health care services provided or not provided by
26		licensed health care professionals.

SB3733 Engrossed - 1355 - LRB096 19592 AMC 34984 b
1		(h) "Provider agency" means any public or nonprofit agency
2		in a planning and service area appointed by the regional
3		administrative agency with prior approval by the Department on
4		Aging to receive and assess reports of alleged or suspected
5		abuse, neglect, or financial exploitation.
6		(i) "Regional administrative agency" means any public or
7		nonprofit agency in a planning and service area so designated
8		by the Department, provided that the designated Area Agency on
9		Aging shall be designated the regional administrative agency if
10		it so requests. The Department shall assume the functions of
11		the regional administrative agency for any planning and service
12		area where another agency is not so designated.
13		(i-5) "Self-neglect" means a condition that is the result
14		of an eligible adult's inability, due to physical or mental
15		impairments, or both, or a diminished capacity, to perform
16		essential self-care tasks that substantially threaten his or
17		her own health, including: providing essential food, clothing,
18		shelter, and health care; and obtaining goods and services
19		necessary to maintain physical health, mental health,
20		emotional well-being, and general safety. The term includes
21		compulsive hoarding, which is characterized by the acquisition
22		and retention of large quantities of items and materials that
23		produce an extensively cluttered living space, which
24		significantly impairs the performance of essential self-care
25		tasks or otherwise substantially threatens life or safety.
26		(j) "Substantiated case" means a reported case of alleged

SB3733 Engrossed - 1356 - LRB096 19592 AMC 34984 b
1		or suspected abuse, neglect, financial exploitation, or
2		self-neglect in which a provider agency, after assessment,
3		determines that there is reason to believe abuse, neglect, or
4		financial exploitation has occurred.
5		(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07;
6		95-876, eff. 8-21-08; 96-526, eff. 1-1-10; 96-572, eff.1-1-10;
7		revised 9-25-09.)
8		(Text of Section after amendment by P.A. 96-339)
9		Sec. 2. Definitions. As used in this Act, unless the
10		context requires otherwise:
11		(a) "Abuse" means causing any physical, mental or sexual
12		injury to an eligible adult, including exploitation of such
13		adult's financial resources.
14		Nothing in this Act shall be construed to mean that an
15		eligible adult is a victim of abuse, neglect, or self-neglect
16		for the sole reason that he or she is being furnished with or
17		relies upon treatment by spiritual means through prayer alone,
18		in accordance with the tenets and practices of a recognized
19		church or religious denomination.
20		Nothing in this Act shall be construed to mean that an
21		eligible adult is a victim of abuse because of health care
22		services provided or not provided by licensed health care
23		professionals.
24		(a-5) "Abuser" means a person who abuses, neglects, or
25		financially exploits an eligible adult.

SB3733 Engrossed - 1357 - LRB096 19592 AMC 34984 b
1		(a-7) "Caregiver" means a person who either as a result of
2		a family relationship, voluntarily, or in exchange for
3		compensation has assumed responsibility for all or a portion of
4		the care of an eligible adult who needs assistance with
5		activities of daily living.
6		(b) "Department" means the Department on Aging of the State
7		of Illinois.
8		(c) "Director" means the Director of the Department.
9		(d) "Domestic living situation" means a residence where the
10		eligible adult lives alone or with his or her family or a
11		caregiver, or others, or a board and care home or other
12		community-based unlicensed facility, but is not:
13		(1) A licensed facility as defined in Section 1-113 of
14		the Nursing Home Care Act;
15		(1.5) A facility licensed under the MR/DD Community
16		Care Act;
17		(2) A "life care facility" as defined in the Life Care
18		Facilities Act;
19		(3) A home, institution, or other place operated by the
20		federal government or agency thereof or by the State of
21		Illinois;
22		(4) A hospital, sanitarium, or other institution, the
23		principal activity or business of which is the diagnosis,
24		care, and treatment of human illness through the
25		maintenance and operation of organized facilities
26		therefor, which is required to be licensed under the

SB3733 Engrossed - 1358 - LRB096 19592 AMC 34984 b
1		Hospital Licensing Act;
2		(5) A "community living facility" as defined in the
3		Community Living Facilities Licensing Act;
4		(6) (Blank);
5		(7) A "community-integrated living arrangement" as
6		defined in the Community-Integrated Living Arrangements
7		Licensure and Certification Act;
8		(8) An assisted living or shared housing establishment
9		as defined in the Assisted Living and Shared Housing Act;
10		or
11		(9) A supportive living facility as described in
12		Section 5-5.01a of the Illinois Public Aid Code.
13		(e) "Eligible adult" means a person 60 years of age or
14		older who resides in a domestic living situation and is, or is
15		alleged to be, abused, neglected, or financially exploited by
16		another individual or who neglects himself or herself.
17		(f) "Emergency" means a situation in which an eligible
18		adult is living in conditions presenting a risk of death or
19		physical, mental or sexual injury and the provider agency has
20		reason to believe the eligible adult is unable to consent to
21		services which would alleviate that risk.
22		(f-5) "Mandated reporter" means any of the following
23		persons while engaged in carrying out their professional
24		duties:
25		(1) a professional or professional's delegate while
26		engaged in: (i) social services, (ii) law enforcement,

SB3733 Engrossed - 1359 - LRB096 19592 AMC 34984 b
1		(iii) education, (iv) the care of an eligible adult or
2		eligible adults, or (v) any of the occupations required to
3		be licensed under the Clinical Psychologist Licensing Act,
4		the Clinical Social Work and Social Work Practice Act, the
5		Illinois Dental Practice Act, the Dietetic and Nutrition
6		Services Practice Act, the Marriage and Family Therapy
7		Licensing Act, the Medical Practice Act of 1987, the
8		Naprapathic Practice Act, the Nurse Practice Act, the
9		Nursing Home Administrators Licensing and Disciplinary
10		Act, the Illinois Occupational Therapy Practice Act, the
11		Illinois Optometric Practice Act of 1987, the Pharmacy
12		Practice Act, the Illinois Physical Therapy Act, the
13		Physician Assistant Practice Act of 1987, the Podiatric
14		Medical Practice Act of 1987, the Respiratory Care Practice
15		Act, the Professional Counselor and Clinical Professional
16		Counselor Licensing Act, the Illinois Speech-Language
17		Pathology and Audiology Practice Act, the Veterinary
18		Medicine and Surgery Practice Act of 2004, and the Illinois
19		Public Accounting Act;
20		(2) an employee of a vocational rehabilitation
21		facility prescribed or supervised by the Department of
22		Human Services;
23		(3) an administrator, employee, or person providing
24		services in or through an unlicensed community based
25		facility;
26		(4) any religious practitioner who provides treatment

SB3733 Engrossed - 1360 - LRB096 19592 AMC 34984 b
1		by prayer or spiritual means alone in accordance with the
2		tenets and practices of a recognized church or religious
3		denomination, except as to information received in any
4		confession or sacred communication enjoined by the
5		discipline of the religious denomination to be held
6		confidential;
7		(5) field personnel of the Department of Healthcare and
8		Family Services, Department of Public Health, and
9		Department of Human Services, and any county or municipal
10		health department;
11		(6) personnel of the Department of Human Services, the
12		Guardianship and Advocacy Commission, the State Fire
13		Marshal, local fire departments, the Department on Aging
14		and its subsidiary Area Agencies on Aging and provider
15		agencies, and the Office of State Long Term Care Ombudsman;
16		(7) any employee of the State of Illinois not otherwise
17		specified herein who is involved in providing services to
18		eligible adults, including professionals providing medical
19		or rehabilitation services and all other persons having
20		direct contact with eligible adults;
21		(8) a person who performs the duties of a coroner or
22		medical examiner; or
23		(9) a person who performs the duties of a paramedic or
24		an emergency medical technician.
25		(g) "Neglect" means another individual's failure to
26		provide an eligible adult with or willful withholding from an

SB3733 Engrossed - 1361 - LRB096 19592 AMC 34984 b
1		eligible adult the necessities of life including, but not
2		limited to, food, clothing, shelter or health care. This
3		subsection does not create any new affirmative duty to provide
4		support to eligible adults. Nothing in this Act shall be
5		construed to mean that an eligible adult is a victim of neglect
6		because of health care services provided or not provided by
7		licensed health care professionals.
8		(h) "Provider agency" means any public or nonprofit agency
9		in a planning and service area appointed by the regional
10		administrative agency with prior approval by the Department on
11		Aging to receive and assess reports of alleged or suspected
12		abuse, neglect, or financial exploitation.
13		(i) "Regional administrative agency" means any public or
14		nonprofit agency in a planning and service area so designated
15		by the Department, provided that the designated Area Agency on
16		Aging shall be designated the regional administrative agency if
17		it so requests. The Department shall assume the functions of
18		the regional administrative agency for any planning and service
19		area where another agency is not so designated.
20		(i-5) "Self-neglect" means a condition that is the result
21		of an eligible adult's inability, due to physical or mental
22		impairments, or both, or a diminished capacity, to perform
23		essential self-care tasks that substantially threaten his or
24		her own health, including: providing essential food, clothing,
25		shelter, and health care; and obtaining goods and services
26		necessary to maintain physical health, mental health,

SB3733 Engrossed - 1362 - LRB096 19592 AMC 34984 b
1		emotional well-being, and general safety. The term includes
2		compulsive hoarding, which is characterized by the acquisition
3		and retention of large quantities of items and materials that
4		produce an extensively cluttered living space, which
5		significantly impairs the performance of essential self-care
6		tasks or otherwise substantially threatens life or safety.
7		(j) "Substantiated case" means a reported case of alleged
8		or suspected abuse, neglect, financial exploitation, or
9		self-neglect in which a provider agency, after assessment,
10		determines that there is reason to believe abuse, neglect, or
11		financial exploitation has occurred.
12		(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07;
13		95-876, eff. 8-21-08; 96-339, eff. 7-1-10; 96-526, eff. 1-1-10;
14		96-572, eff. 1-1-10; revised 9-25-09.)
15		(320 ILCS 20/3) (from Ch. 23, par. 6603)
16		Sec. 3. Responsibilities.
17		(a) The Department shall establish, design and manage a
18		program of response and services for persons 60 years of age
19		and older who have been, or are alleged to be, victims of
20		abuse, neglect, financial exploitation, or self-neglect. The
21		Department shall contract with or fund or, contract with and
22		fund, regional administrative agencies, provider agencies, or
23		both, for the provision of those functions, and, contingent on
24		adequate funding, with attorneys or legal services provider
25		agencies for the provision of legal assistance pursuant to this

SB3733 Engrossed - 1363 - LRB096 19592 AMC 34984 b
1		Act. The program shall include the following services for
2		eligible adults who have been removed from their residences for
3		the purpose of cleanup or repairs: temporary housing;
4		counseling; and caseworker services to try to ensure that the
5		conditions necessitating the removal do not reoccur.
6		(b) Each regional administrative agency shall designate
7		provider agencies within its planning and service area with
8		prior approval by the Department on Aging, monitor the use of
9		services, provide technical assistance to the provider
10		agencies and be involved in program development activities.
11		(c) Provider agencies shall assist, to the extent possible,
12		eligible adults who need agency services to allow them to
13		continue to function independently. Such assistance shall
14		include but not be limited to receiving reports of alleged or
15		suspected abuse, neglect, financial exploitation, or
16		self-neglect, conducting face-to-face assessments of such
17		reported cases, determination of substantiated cases, referral
18		of substantiated cases for necessary support services,
19		referral of criminal conduct to law enforcement in accordance
20		with Department guidelines, and provision of case work and
21		follow-up services on substantiated cases. In the case of a
22		report of alleged or suspected abuse or neglect that places an
23		eligible adult at risk of injury or death, a provider agency
24		shall respond to the report on an emergency basis in accordance
25		with guidelines established by the Department by
26		administrative rule and shall ensure that it is capable of

SB3733 Engrossed - 1364 - LRB096 19592 AMC 34984 b
1		responding to such a report 24 hours per day, 7 days per week.
2		A provider agency may use an on-call system to respond to
3		reports of alleged or suspected abuse or neglect after hours
4		and on weekends.
5		(d) Upon sufficient appropriations to implement a
6		statewide program, the Department shall implement a program,
7		based on the recommendations of the Elder Self-Neglect Steering
8		Committee, for (i) responding to reports of possible
9		self-neglect, (ii) protecting the autonomy, rights, privacy,
10		and privileges of adults during investigations of possible
11		self-neglect and consequential judicial proceedings regarding
12		competency, (iii) collecting and sharing relevant information
13		and data among the Department, provider agencies, regional
14		administrative agencies, and relevant seniors, (iv) developing
15		working agreements between provider agencies and law
16		enforcement, where practicable, and (v) developing procedures
17		for collecting data regarding incidents of self-neglect.
18		(Source: P.A. 95-76, eff. 6-1-08; 96-526, eff. 1-1-10; 96-572,
19		eff. 1-1-10; revised 9-25-09.)
20		(320 ILCS 20/4) (from Ch. 23, par. 6604)
21		Sec. 4. Reports of abuse or neglect.
22		(a) Any person who suspects the abuse, neglect, financial
23		exploitation, or self-neglect of an eligible adult may report
24		this suspicion to an agency designated to receive such reports
25		under this Act or to the Department.

SB3733 Engrossed - 1365 - LRB096 19592 AMC 34984 b
1		(a-5) If any mandated reporter has reason to believe that
2		an eligible adult, who because of dysfunction is unable to seek
3		assistance for himself or herself, has, within the previous 12
4		months, been subjected to abuse, neglect, or financial
5		exploitation, the mandated reporter shall, within 24 hours
6		after developing such belief, report this suspicion to an
7		agency designated to receive such reports under this Act or to
8		the Department. Whenever a mandated reporter is required to
9		report under this Act in his or her capacity as a member of the
10		staff of a medical or other public or private institution,
11		facility, board and care home, or agency, he or she shall make
12		a report to an agency designated to receive such reports under
13		this Act or to the Department in accordance with the provisions
14		of this Act and may also notify the person in charge of the
15		institution, facility, board and care home, or agency or his or
16		her designated agent that the report has been made. Under no
17		circumstances shall any person in charge of such institution,
18		facility, board and care home, or agency, or his or her
19		designated agent to whom the notification has been made,
20		exercise any control, restraint, modification, or other change
21		in the report or the forwarding of the report to an agency
22		designated to receive such reports under this Act or to the
23		Department. The privileged quality of communication between
24		any professional person required to report and his or her
25		patient or client shall not apply to situations involving
26		abused, neglected, or financially exploited eligible adults

SB3733 Engrossed - 1366 - LRB096 19592 AMC 34984 b
1		and shall not constitute grounds for failure to report as
2		required by this Act.
3		(a-7) A person making a report under this Act in the belief
4		that it is in the alleged victim's best interest shall be
5		immune from criminal or civil liability or professional
6		disciplinary action on account of making the report,
7		notwithstanding any requirements concerning the
8		confidentiality of information with respect to such eligible
9		adult which might otherwise be applicable.
10		(a-9) Law enforcement officers shall continue to report
11		incidents of alleged abuse pursuant to the Illinois Domestic
12		Violence Act of 1986, notwithstanding any requirements under
13		this Act.
14		(b) Any person, institution or agency participating in the
15		making of a report, providing information or records related to
16		a report, assessment, or services, or participating in the
17		investigation of a report under this Act in good faith, or
18		taking photographs or x-rays as a result of an authorized
19		assessment, shall have immunity from any civil, criminal or
20		other liability in any civil, criminal or other proceeding
21		brought in consequence of making such report or assessment or
22		on account of submitting or otherwise disclosing such
23		photographs or x-rays to any agency designated to receive
24		reports of alleged or suspected abuse or neglect. Any person,
25		institution or agency authorized by the Department to provide
26		assessment, intervention, or administrative services under

SB3733 Engrossed - 1367 - LRB096 19592 AMC 34984 b
1		this Act shall, in the good faith performance of those
2		services, have immunity from any civil, criminal or other
3		liability in any civil, criminal, or other proceeding brought
4		as a consequence of the performance of those services. For the
5		purposes of any civil, criminal, or other proceeding, the good
6		faith of any person required to report, permitted to report, or
7		participating in an investigation of a report of alleged or
8		suspected abuse, neglect, financial exploitation, or
9		self-neglect shall be presumed.
10		(c) The identity of a person making a report of alleged or
11		suspected abuse, neglect, financial exploitation, or
12		self-neglect under this Act may be disclosed by the Department
13		or other agency provided for in this Act only with such
14		person's written consent or by court order.
15		(d) The Department shall by rule establish a system for
16		filing and compiling reports made under this Act.
17		(e) Any physician who willfully fails to report as required
18		by this Act shall be referred to the Illinois State Medical
19		Disciplinary Board for action in accordance with subdivision
20		(A)(22) of Section 22 of the Medical Practice Act of 1987. Any
21		dentist or dental hygienist who willfully fails to report as
22		required by this Act shall be referred to the Department of
23		Professional Regulation for action in accordance with
24		paragraph 19 of Section 23 of the Illinois Dental Practice Act.
25		Any optometrist who willfully fails to report as required by
26		this Act shall be referred to the Department of Financial and

SB3733 Engrossed - 1368 - LRB096 19592 AMC 34984 b
1		Professional Regulation for action in accordance with
2		paragraph (15) of subsection (a) of Section 24 of the Illinois
3		Optometric Practice Act of 1987. Any other mandated reporter
4		required by this Act to report suspected abuse, neglect, or
5		financial exploitation who willfully fails to report the same
6		is guilty of a Class A misdemeanor.
7		(Source: P.A. 96-378, eff. 1-1-10; 96-526, eff. 1-1-10; revised
8		10-1-09.)
9		Section 515. The Senior Citizens and Disabled Persons
10		Property Tax Relief and Pharmaceutical Assistance Act is
11		amended by changing Section 5 as follows:
12		(320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
13		Sec. 5. Procedure.
14		(a) In general. Claims must be filed after January 1, on
15		forms prescribed by the Department. No claim may be filed more
16		than one year after December 31 of the year for which the claim
17		is filed. The pharmaceutical assistance identification card
18		provided for in subsection (f) of Section 4 shall be valid for
19		a period determined by the Department of Healthcare and Family
20		Services.
21		(b) Claim is Personal. The right to file a claim under this
22		Act shall be personal to the claimant and shall not survive his
23		death, but such right may be exercised on behalf of a claimant
24		by his legal guardian or attorney-in-fact. If a claimant dies

SB3733 Engrossed - 1369 - LRB096 19592 AMC 34984 b
1		after having filed a timely claim, the amount thereof shall be
2		disbursed to his surviving spouse or, if no spouse survives, to
3		his surviving dependent minor children in equal parts, provided
4		the spouse or child, as the case may be, resided with the
5		claimant at the time he filed his claim. If at the time of
6		disbursement neither the claimant nor his spouse is surviving,
7		and no dependent minor children of the claimant are surviving
8		the amount of the claim shall escheat to the State.
9		(c) One claim per household. Only one member of a household
10		may file a claim under this Act in any calendar year; where
11		both members of a household are otherwise entitled to claim a
12		grant under this Act, they must agree as to which of them will
13		file a claim for that year.
14		(d) (Blank).
15		(e) Pharmaceutical Assistance Procedures. The Department
16		of Healthcare and Family Services shall determine eligibility
17		for pharmaceutical assistance using the applicant's current
18		income. The Department shall determine a person's current
19		income in the manner provided by the Department by rule.
20		(f) A person may not under any circumstances charge a fee
21		to a claimant under this Act for assistance in completing an
22		application form for a property tax relief grant or
23		pharmaceutical assistance under this Act.
24		(Source: P.A. 96-491, eff. 8-14-09; 96-804, eff. 1-1-10;
25		revised 11-24-09.)

SB3733 Engrossed - 1370 - LRB096 19592 AMC 34984 b
1		Section 520. The Older Adult Services Act is amended by
2		changing Sections 25 and 30 as follows:
3		(320 ILCS 42/25)
4		Sec. 25. Older adult services restructuring. No later than
5		January 1, 2005, the Department shall commence the process of
6		restructuring the older adult services delivery system.
7		Priority shall be given to both the expansion of services and
8		the development of new services in priority service areas.
9		Subject to the availability of funding, the restructuring shall
10		include, but not be limited to, the following:
11		(1) Planning. The Department on Aging and the Departments
12		of Public Health and Healthcare and Family Services shall
13		develop a plan to restructure the State's service delivery
14		system for older adults pursuant to this Act no later than
15		September 30, 2010. The plan shall include a schedule for the
16		implementation of the initiatives outlined in this Act and all
17		other initiatives identified by the participating agencies to
18		fulfill the purposes of this Act and shall protect the rights
19		of all older Illinoisans to services based on their health
20		circumstances and functioning level, regardless of whether
21		they receive their care in their homes, in a community setting,
22		or in a residential facility. Financing for older adult
23		services shall be based on the principle that "money follows
24		the individual" taking into account individual preference, but
25		shall not jeopardize the health, safety, or level of care of

SB3733 Engrossed - 1371 - LRB096 19592 AMC 34984 b
1		nursing home residents. The plan shall also identify potential
2		impediments to delivery system restructuring and include any
3		known regulatory or statutory barriers.
4		(2) Comprehensive case management. The Department shall
5		implement a statewide system of holistic comprehensive case
6		management. The system shall include the identification and
7		implementation of a universal, comprehensive assessment tool
8		to be used statewide to determine the level of functional,
9		cognitive, socialization, and financial needs of older adults.
10		This tool shall be supported by an electronic intake,
11		assessment, and care planning system linked to a central
12		location. "Comprehensive case management" includes services
13		and coordination such as (i) comprehensive assessment of the
14		older adult (including the physical, functional, cognitive,
15		psycho-social, and social needs of the individual); (ii)
16		development and implementation of a service plan with the older
17		adult to mobilize the formal and family resources and services
18		identified in the assessment to meet the needs of the older
19		adult, including coordination of the resources and services
20		with any other plans that exist for various formal services,
21		such as hospital discharge plans, and with the information and
22		assistance services; (iii) coordination and monitoring of
23		formal and family service delivery, including coordination and
24		monitoring to ensure that services specified in the plan are
25		being provided; (iv) periodic reassessment and revision of the
26		status of the older adult with the older adult or, if

SB3733 Engrossed - 1372 - LRB096 19592 AMC 34984 b
1		necessary, the older adult's designated representative; and
2		(v) in accordance with the wishes of the older adult, advocacy
3		on behalf of the older adult for needed services or resources.
4		(3) Coordinated point of entry. The Department shall
5		implement and publicize a statewide coordinated point of entry
6		using a uniform name, identity, logo, and toll-free number.
7		(4) Public web site. The Department shall develop a public
8		web site that provides links to available services, resources,
9		and reference materials concerning caregiving, diseases, and
10		best practices for use by professionals, older adults, and
11		family caregivers.
12		(5) Expansion of older adult services. The Department shall
13		expand older adult services that promote independence and
14		permit older adults to remain in their own homes and
15		communities.
16		(6) Consumer-directed home and community-based services.
17		The Department shall expand the range of service options
18		available to permit older adults to exercise maximum choice and
19		control over their care.
20		(7) Comprehensive delivery system. The Department shall
21		expand opportunities for older adults to receive services in
22		systems that integrate acute and chronic care.
23		(8) Enhanced transition and follow-up services. The
24		Department shall implement a program of transition from one
25		residential setting to another and follow-up services,
26		regardless of residential setting, pursuant to rules with

SB3733 Engrossed - 1373 - LRB096 19592 AMC 34984 b
1		respect to (i) resident eligibility, (ii) assessment of the
2		resident's health, cognitive, social, and financial needs,
3		(iii) development of transition plans, and (iv) the level of
4		services that must be available before transitioning a resident
5		from one setting to another.
6		(9) Family caregiver support. The Department shall develop
7		strategies for public and private financing of services that
8		supplement and support family caregivers.
9		(10) Quality standards and quality improvement. The
10		Department shall establish a core set of uniform quality
11		standards for all providers that focus on outcomes and take
12		into consideration consumer choice and satisfaction, and the
13		Department shall require each provider to implement a
14		continuous quality improvement process to address consumer
15		issues. The continuous quality improvement process must
16		benchmark performance, be person-centered and data-driven, and
17		focus on consumer satisfaction.
18		(11) Workforce. The Department shall develop strategies to
19		attract and retain a qualified and stable worker pool, provide
20		living wages and benefits, and create a work environment that
21		is conducive to long-term employment and career development.
22		Resources such as grants, education, and promotion of career
23		opportunities may be used.
24		(12) Coordination of services. The Department shall
25		identify methods to better coordinate service networks to
26		maximize resources and minimize duplication of services and

SB3733 Engrossed - 1374 - LRB096 19592 AMC 34984 b
1		ease of application.
2		(13) Barriers to services. The Department shall identify
3		barriers to the provision, availability, and accessibility of
4		services and shall implement a plan to address those barriers.
5		The plan shall: (i) identify barriers, including but not
6		limited to, statutory and regulatory complexity, reimbursement
7		issues, payment issues, and labor force issues; (ii) recommend
8		changes to State or federal laws or administrative rules or
9		regulations; (iii) recommend application for federal waivers
10		to improve efficiency and reduce cost and paperwork; (iv)
11		develop innovative service delivery models; and (v) recommend
12		application for federal or private service grants.
13		(14) Reimbursement and funding. The Department shall
14		investigate and evaluate costs and payments by defining costs
15		to implement a uniform, audited provider cost reporting system
16		to be considered by all Departments in establishing payments.
17		To the extent possible, multiple cost reporting mandates shall
18		not be imposed.
19		(15) Medicaid nursing home cost containment and Medicare
20		utilization. The Department of Healthcare and Family Services
21		(formerly Department of Public Aid), in collaboration with the
22		Department on Aging and the Department of Public Health and in
23		consultation with the Advisory Committee, shall propose a plan
24		to contain Medicaid nursing home costs and maximize Medicare
25		utilization. The plan must not impair the ability of an older
26		adult to choose among available services. The plan shall

SB3733 Engrossed - 1375 - LRB096 19592 AMC 34984 b
1		include, but not be limited to, (i) techniques to maximize the
2		use of the most cost-effective services without sacrificing
3		quality and (ii) methods to identify and serve older adults in
4		need of minimal services to remain independent, but who are
5		likely to develop a need for more extensive services in the
6		absence of those minimal services.
7		(16) Bed reduction. The Department of Public Health shall
8		implement a nursing home conversion program to reduce the
9		number of Medicaid-certified nursing home beds in areas with
10		excess beds. The Department of Healthcare and Family Services
11		shall investigate changes to the Medicaid nursing facility
12		reimbursement system in order to reduce beds. Such changes may
13		include, but are not limited to, incentive payments that will
14		enable facilities to adjust to the restructuring and expansion
15		of services required by the Older Adult Services Act, including
16		adjustments for the voluntary closure or layaway of nursing
17		home beds certified under Title XIX of the federal Social
18		Security Act. Any savings shall be reallocated to fund
19		home-based or community-based older adult services pursuant to
20		Section 20.
21		(17) Financing. The Department shall investigate and
22		evaluate financing options for older adult services and shall
23		make recommendations in the report required by Section 15
24		concerning the feasibility of these financing arrangements.
25		These arrangements shall include, but are not limited to:
26		(A) private long-term care insurance coverage for

SB3733 Engrossed - 1376 - LRB096 19592 AMC 34984 b
1		older adult services;
2		(B) enhancement of federal long-term care financing
3		initiatives;
4		(C) employer benefit programs such as medical savings
5		accounts for long-term care;
6		(D) individual and family cost-sharing options;
7		(E) strategies to reduce reliance on government
8		programs;
9		(F) fraudulent asset divestiture and financial
10		planning prevention; and
11		(G) methods to supplement and support family and
12		community caregiving.
13		(18) Older Adult Services Demonstration Grants. The
14		Department shall implement a program of demonstration grants
15		that will assist in the restructuring of the older adult
16		services delivery system, and shall provide funding for
17		innovative service delivery models and system change and
18		integration initiatives pursuant to subsection (g) of Section
19		20.
20		(19) Bed need methodology update. For the purposes of
21		determining areas with excess beds, the Departments shall
22		provide information and assistance to the Health Facilities and
23		Services Review Board to update the Bed Need Methodology for
24		Long-Term Care to update the assumptions used to establish the
25		methodology to make them consistent with modern older adult
26		services.

SB3733 Engrossed - 1377 - LRB096 19592 AMC 34984 b
1		(20) Affordable housing. The Departments shall utilize the
2		recommendations of Illinois' Annual Comprehensive Housing
3		Plan, as developed by the Affordable Housing Task Force through
4		the Governor's Executive Order 2003-18, in their efforts to
5		address the affordable housing needs of older adults.
6		The Older Adult Services Advisory Committee shall
7		investigate innovative and promising practices operating as
8		demonstration or pilot projects in Illinois and in other
9		states. The Department on Aging shall provide the Older Adult
10		Services Advisory Committee with a list of all demonstration or
11		pilot projects funded by the Department on Aging, including
12		those specified by rule, law, policy memorandum, or funding
13		arrangement. The Committee shall work with the Department on
14		Aging to evaluate the viability of expanding these programs
15		into other areas of the State.
16		(Source: P.A. 96-31, eff. 6-30-09; 96-248, eff. 8-11-09;
17		revised 9-4-09.)
18		(320 ILCS 42/30)
19		Sec. 30. Nursing home conversion program.
20		(a) The Department of Public Health, in collaboration with
21		the Department on Aging and the Department of Healthcare and
22		Family Services, shall establish a nursing home conversion
23		program. Start-up grants, pursuant to subsections (l) and (m)
24		of this Section, shall be made available to nursing homes as
25		appropriations permit as an incentive to reduce certified beds,

SB3733 Engrossed - 1378 - LRB096 19592 AMC 34984 b
1		retrofit, and retool operations to meet new service delivery
2		expectations and demands.
3		(b) Grant moneys shall be made available for capital and
4		other costs related to: (1) the conversion of all or a part of
5		a nursing home to an assisted living establishment or a special
6		program or unit for persons with Alzheimer's disease or related
7		disorders licensed under the Assisted Living and Shared Housing
8		Act or a supportive living facility established under Section
9		5-5.01a of the Illinois Public Aid Code; (2) the conversion of
10		multi-resident bedrooms in the facility into single-occupancy
11		rooms; and (3) the development of any of the services
12		identified in a priority service plan that can be provided by a
13		nursing home within the confines of a nursing home or
14		transportation services. Grantees shall be required to provide
15		a minimum of a 20% match toward the total cost of the project.
16		(c) Nothing in this Act shall prohibit the co-location of
17		services or the development of multifunctional centers under
18		subsection (f) of Section 20, including a nursing home offering
19		community-based services or a community provider establishing
20		a residential facility.
21		(d) A certified nursing home with at least 50% of its
22		resident population having their care paid for by the Medicaid
23		program is eligible to apply for a grant under this Section.
24		(e) Any nursing home receiving a grant under this Section
25		shall reduce the number of certified nursing home beds by a
26		number equal to or greater than the number of beds being

SB3733 Engrossed - 1379 - LRB096 19592 AMC 34984 b
1		converted for one or more of the permitted uses under item (1)
2		or (2) of subsection (b). The nursing home shall retain the
3		Certificate of Need for its nursing and sheltered care beds
4		that were converted for 15 years. If the beds are reinstated by
5		the provider or its successor in interest, the provider shall
6		pay to the fund from which the grant was awarded, on an
7		amortized basis, the amount of the grant. The Department shall
8		establish, by rule, the bed reduction methodology for nursing
9		homes that receive a grant pursuant to item (3) of subsection
10		(b).
11		(f) Any nursing home receiving a grant under this Section
12		shall agree that, for a minimum of 10 years after the date that
13		the grant is awarded, a minimum of 50% of the nursing home's
14		resident population shall have their care paid for by the
15		Medicaid program. If the nursing home provider or its successor
16		in interest ceases to comply with the requirement set forth in
17		this subsection, the provider shall pay to the fund from which
18		the grant was awarded, on an amortized basis, the amount of the
19		grant.
20		(g) Before awarding grants, the Department of Public Health
21		shall seek recommendations from the Department on Aging and the
22		Department of Healthcare and Family Services. The Department of
23		Public Health shall attempt to balance the distribution of
24		grants among geographic regions, and among small and large
25		nursing homes. The Department of Public Health shall develop,
26		by rule, the criteria for the award of grants based upon the

SB3733 Engrossed - 1380 - LRB096 19592 AMC 34984 b
1		following factors:
2		(1) the unique needs of older adults (including those
3		with moderate and low incomes), caregivers, and providers
4		in the geographic area of the State the grantee seeks to
5		serve;
6		(2) whether the grantee proposes to provide services in
7		a priority service area;
8		(3) the extent to which the conversion or transition
9		will result in the reduction of certified nursing home beds
10		in an area with excess beds;
11		(4) the compliance history of the nursing home; and
12		(5) any other relevant factors identified by the
13		Department, including standards of need.
14		(h) A conversion funded in whole or in part by a grant
15		under this Section must not:
16		(1) diminish or reduce the quality of services
17		available to nursing home residents;
18		(2) force any nursing home resident to involuntarily
19		accept home-based or community-based services instead of
20		nursing home services;
21		(3) diminish or reduce the supply and distribution of
22		nursing home services in any community below the level of
23		need, as defined by the Department by rule; or
24		(4) cause undue hardship on any person who requires
25		nursing home care.
26		(i) The Department shall prescribe, by rule, the grant

SB3733 Engrossed - 1381 - LRB096 19592 AMC 34984 b
1		application process. At a minimum, every application must
2		include:
3		(1) the type of grant sought;
4		(2) a description of the project;
5		(3) the objective of the project;
6		(4) the likelihood of the project meeting identified
7		needs;
8		(5) the plan for financing, administration, and
9		evaluation of the project;
10		(6) the timetable for implementation;
11		(7) the roles and capabilities of responsible
12		individuals and organizations;
13		(8) documentation of collaboration with other service
14		providers, local community government leaders, and other
15		stakeholders, other providers, and any other stakeholders
16		in the community;
17		(9) documentation of community support for the
18		project, including support by other service providers,
19		local community government leaders, and other
20		stakeholders;
21		(10) the total budget for the project;
22		(11) the financial condition of the applicant; and
23		(12) any other application requirements that may be
24		established by the Department by rule.
25		(j) A conversion project funded in whole or in part by a
26		grant under this Section is exempt from the requirements of the

SB3733 Engrossed - 1382 - LRB096 19592 AMC 34984 b
1		Illinois Health Facilities Planning Act. The Department of
2		Public Health, however, shall send to the Health Facilities and
3		Services Review Board a copy of each grant award made under
4		this Section.
5		(k) Applications for grants are public information, except
6		that nursing home financial condition and any proprietary data
7		shall be classified as nonpublic data.
8		(l) The Department of Public Health may award grants from
9		the Long Term Care Civil Money Penalties Fund established under
10		Section 1919(h)(2)(A)(ii) of the Social Security Act and 42 CFR
11		488.422(g) if the award meets federal requirements.
12		(m) The Nursing Home Conversion Fund is created as a
13		special fund in the State treasury. Moneys appropriated by the
14		General Assembly or transferred from other sources for the
15		purposes of this Section shall be deposited into the Fund. All
16		interest earned on moneys in the fund shall be credited to the
17		fund. Moneys contained in the fund shall be used to support the
18		purposes of this Section.
19		(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09;
20		96-758, eff. 8-25-09; revised 10-6-09.)
21		Section 525. The Early Intervention Services System Act is
22		amended by changing Section 13.50 as follows:
23		(325 ILCS 20/13.50)
24		Sec. 13.50. Early Intervention Legislative Advisory

SB3733 Engrossed - 1383 - LRB096 19592 AMC 34984 b
1		Committee. No later than 60 days after August 9, 2001 (the
2		effective date of Public Act 92-307) this amendatory Act of
3		92nd General Assembly, there shall be convened the Early
4		Intervention Legislative Advisory Committee. The majority and
5		minority leaders of the General Assembly shall each appoint 2
6		members to the Committee. The Committee's term is for a period
7		of 4 years, and the Committee shall publicly convene no less
8		than 4 times per year. The Committee's responsibilities shall
9		include, but not be limited to, providing guidance to the lead
10		agency regarding programmatic and fiscal management and
11		accountability, provider development and accountability,
12		contracting, and program outcome measures. During the life of
13		the Committee, on a quarterly basis, or more often as the
14		Committee may request, the lead agency shall provide to the
15		Committee, and simultaneously to the public, through postings
16		on the lead agency's early intervention website, quarterly
17		reports containing monthly data and other early intervention
18		program information that the Committee requests. The first data
19		report must be supplied no later than September 21, 2001, and
20		must include the previous 2 quarters of data.
21		(Source: P.A. 92-307, eff. 8-9-01; 93-124, eff. 7-10-03;
22		revised 11-4-09.)
23		Section 530. The Veterans' Health Insurance Program Act of
24		2008 is amended by changing Sections 5 and 45 as follows:

SB3733 Engrossed - 1384 - LRB096 19592 AMC 34984 b
1		(330 ILCS 126/5)
2		(Section scheduled to be repealed on January 1, 2012)
3		Sec. 5. Definitions. The following words have the following
4		meanings:
5		"Department" means the Department of Healthcare and Family
6		Services, or any successor agency.
7		"Director" means the Director of Healthcare and Family
8		Services, or any successor agency.
9		"Medical assistance" means health care benefits provided
10		under Article V of the Illinois Public Aid Code.
11		"Program" means the Veterans' Health Insurance Program.
12		"Resident" means an individual who has an Illinois
13		residence, as provided in Section 5-3 of the Illinois Public
14		Aid Code.
15		"Spouse" means the person who is the person who, under the
16		laws of the State of Illinois, is married to an eligible
17		veteran at the time of application and subsequent
18		re-determinations for the Program and includes enrolled
19		spouses surviving the death of veteran spouses.
20		"Veteran" means any person who has served in a branch of
21		the United States military for greater than 180 days after
22		initial training.
23		"Veterans Veterans' Affairs" or "VA" means the United
24		States Department of Veterans Veterans' Affairs.
25		(Source: P.A. 95-755, eff. 7-25-08; 96-45, eff. 7-15-09;
26		revised 11-4-09.)

SB3733 Engrossed - 1385 - LRB096 19592 AMC 34984 b
1		(330 ILCS 126/45)
2		(Section scheduled to be repealed on January 1, 2012)
3		Sec. 45. Reporting.
4		(a) The Department shall prepare an annual report for
5		submission to the General Assembly. The report shall be due to
6		the General Assembly by January 1 of each year beginning in
7		2009. This report shall include information regarding
8		implementation of the Program, including the number of veterans
9		or spouses enrolled and any available information regarding
10		other benefits derived from the Program, including screening
11		for and acquisition of other veterans' benefits through the
12		Veterans' Service Officers and the Veterans' Assistance
13		Commissions. This report may also include recommendations
14		regarding improvements that may be made to the Program and
15		regarding the extension of the repeal date set forth in Section
16		85 of this Act.
17		(b) The Department shall also arrange for the conducting of
18		an evaluation regarding the availability of and access to
19		health care for veterans who are residents of Illinois, taking
20		into consideration the program established by this Act,
21		programs and services provided by the U.S. Department of
22		Veterans Affairs, and programs and services otherwise provided
23		by and available through other public and private entities. The
24		evaluation shall determine whether there are limitations or
25		barriers to care, gaps in service, or other deficits that

SB3733 Engrossed - 1386 - LRB096 19592 AMC 34984 b
1		should be overcome to ensure that veterans are provided
2		appropriate and high-quality care. The Department shall report
3		on the results of this evaluation to the Governor and the
4		General Assembly by March 1, 2010.
5		(Source: P.A. 95-755, eff. 7-25-08; 96-45, eff. 7-15-09; 96-82,
6		eff. 7-27-09; revised 11-3-09.)
7		Section 535. The Community Services Act is amended by
8		setting forth and renumbering multiple versions of Section 4.6
9		as follows:
10		(405 ILCS 30/4.6)
11		Sec. 4.6. Closure and sale of State mental health or
12		developmental disabilities facility.
13		(a) Whenever a State mental health facility operated by the
14		Department of Human Services is closed and the real estate on
15		which the facility is located is sold by the State, then, to
16		the extent that net proceeds are realized from the sale of that
17		real estate, those net proceeds must be directed toward
18		providing other services and supports for persons with mental
19		health needs. To that end, those net proceeds shall be
20		deposited into the Community Mental Health Medicaid Trust Fund.
21		(b) Whenever a State developmental disabilities facility
22		operated by the Department of Human Services is closed and the
23		real estate on which the facility is located is sold by the
24		State, then, to the extent that net proceeds are realized from

SB3733 Engrossed - 1387 - LRB096 19592 AMC 34984 b
1		the sale of that real estate, those net proceeds must be
2		directed toward providing other services and supports for
3		persons with developmental disabilities needs. To that end,
4		those net proceeds shall be deposited into the Community
5		Developmental Disability Services Medicaid Trust Fund.
6		(c) In determining whether any net proceeds are realized
7		from a sale of real estate described in subsection (a) or (b),
8		the Division of Developmental Disabilities and the Division of
9		Mental Health of the Department of Human Services shall each
10		determine the money, if any, that shall be made available to
11		ensure that life, safety, and care concerns, including
12		infrastructure, are addressed so as to provide for persons with
13		developmental disabilities or mental illness at the remaining
14		respective State-operated facilities that will be expected to
15		serve the individuals previously served at the closed facility.
16		(d) The purposes for which the net proceeds from a sale of
17		real estate as provided in this Section may be used include,
18		but are not limited to, the following:
19		(1) Providing for individuals with developmental
20		disabilities and mental health needs the services and
21		supports described in subsection (e) of Section 4.4.
22		(2) In the case of the closure of a mental health
23		facility, the construction of a new facility to serve the
24		needs of persons with mental health needs.
25		(3) In the case of the closure of a developmental
26		disabilities facility, construction of a new facility to

SB3733 Engrossed - 1388 - LRB096 19592 AMC 34984 b
1		serve the needs of persons with developmental disabilities
2		needs.
3		(e) Whenever any net proceeds are realized from a sale of
4		real estate as provided in this Section, the Department of
5		Human Services shall share and discuss its plan or plans for
6		using those net proceeds with advocates, advocacy
7		organizations, and advisory groups whose mission includes
8		advocacy for persons with developmental disabilities or
9		persons with mental illness.
10		(Source: P.A. 96-660, eff. 8-25-09.)
11		(405 ILCS 30/4.7)
12		Sec. 4.7 4.6. Children's Healthcare Partnership Pilot
13		Program. The Department of Human Services shall participate in
14		the Children's Healthcare Partnership Pilot Program
15		established under Section 12-4.37 of the Illinois Public Aid
16		Code and may fund the provision of community services under
17		this Act in Sangamon County through participation in that pilot
18		program.
19		(Source: P.A. 96-691, eff. 8-25-09; revised 10-24-09.)
20		Section 540. The Vital Records Act is amended by changing
21		Sections 12 and 18 as follows:
22		(410 ILCS 535/12)
23		Sec. 12. Live births; place of registration.

SB3733 Engrossed - 1389 - LRB096 19592 AMC 34984 b
1		(1) Each live birth which occurs in this State shall be
2		registered with the local or subregistrar of the district in
3		which the birth occurred as provided in this Section, within 7
4		days after the birth. When a birth occurs on a moving
5		conveyance, the city, village, township, or road district in
6		which the child is first removed from the conveyance shall be
7		considered the place of birth and a birth certificate shall be
8		filed in the registration district in which the place is
9		located.
10		(2) When a birth occurs in an institution, the person in
11		charge of the institution or his designated representative
12		shall obtain and record all the personal and statistical
13		particulars relative to the parents of the child that are
14		required to properly complete the live birth certificate; shall
15		secure the required personal signatures on the hospital
16		worksheet; shall prepare the certificate from this worksheet;
17		and shall file the certificate with the local registrar. The
18		institution shall retain the hospital worksheet permanently or
19		as otherwise specified by rule. The physician in attendance
20		shall verify or provide the date of birth and medical
21		information required by the certificate, within 24 hours after
22		the birth occurs.
23		(3) When a birth occurs outside an institution, the
24		certificate shall be prepared and filed by one of the following
25		in the indicated order of priority:
26		(a) The physician in attendance at or immediately after

SB3733 Engrossed - 1390 - LRB096 19592 AMC 34984 b
1		the birth, or in the absence of such a person,
2		(b) Any other person in attendance at or immediately
3		after the birth, or in the absence of such a person,
4		(c) The father, the mother, or in the absence of the
5		father and the inability of the mother, the person in
6		charge of the premises where the birth occurred.
7		(4) Unless otherwise provided in this Act, if the mother
8		was not married to the father of the child at either the time
9		of conception or the time of birth, the name of the father
10		shall be entered on the child's birth certificate only if the
11		mother and the person to be named as the father have signed an
12		acknowledgment of parentage in accordance with subsection (5).
13		Unless otherwise provided in this Act, if the mother was
14		married at the time of conception or birth and the presumed
15		father (that is, the mother's husband) is not the biological
16		father of the child, the name of the biological father shall be
17		entered on the child's birth certificate only if, in accordance
18		with subsection (5), (i) the mother and the person to be named
19		as the father have signed an acknowledgment of parentage and
20		(ii) the mother and presumed father have signed a denial of
21		paternity.
22		(5) Upon the birth of a child to an unmarried woman, or
23		upon the birth of a child to a woman who was married at the time
24		of conception or birth and whose husband is not the biological
25		father of the child, the institution at the time of birth and
26		the local registrar or county clerk after the birth shall do

SB3733 Engrossed - 1391 - LRB096 19592 AMC 34984 b
1		the following:
2		(a) Provide (i) an opportunity for the child's mother
3		and father to sign an acknowledgment of parentage and (ii)
4		if the presumed father is not the biological father, an
5		opportunity for the mother and presumed father to sign a
6		denial of paternity. The signing and witnessing of the
7		acknowledgment of parentage or, if the presumed father of
8		the child is not the biological father, the acknowledgment
9		of parentage and denial of paternity conclusively
10		establishes a parent and child relationship in accordance
11		with Sections 5 and 6 of the Illinois Parentage Act of
12		1984.
13		The Department of Healthcare and Family Services shall
14		furnish the acknowledgment of parentage and denial of
15		paternity form to institutions, county clerks, and State
16		and local registrars' offices. The form shall include
17		instructions to send the original signed and witnessed
18		acknowledgment of parentage and denial of paternity to the
19		Department of Healthcare and Family Services. The
20		acknowledgement of paternity and denial of paternity form
21		shall also include a statement informing the mother, the
22		alleged father, and the presumed father, if any, that they
23		have the right to request deoxyribonucleic acid (DNA) tests
24		regarding the issue of the child's paternity and that by
25		signing the form, they expressly waive such tests. The
26		statement shall be set forth in bold-face boldface capital

SB3733 Engrossed - 1392 - LRB096 19592 AMC 34984 b
1		letters not less than 0.25 inches in height.
2		(b) Provide the following documents, furnished by the
3		Department of Healthcare and Family Services, to the
4		child's mother, biological father, and (if the person
5		presumed to be the child's father is not the biological
6		father) presumed father for their review at the time the
7		opportunity is provided to establish a parent and child
8		relationship:
9		(i) An explanation of the implications of,
10		alternatives to, legal consequences of, and the rights
11		and responsibilities that arise from signing an
12		acknowledgment of parentage and, if necessary, a
13		denial of paternity, including an explanation of the
14		parental rights and responsibilities of child support,
15		visitation, custody, retroactive support, health
16		insurance coverage, and payment of birth expenses.
17		(ii) An explanation of the benefits of having a
18		child's parentage established and the availability of
19		parentage establishment and child support enforcement
20		services.
21		(iii) A request for an application for child
22		support enforcement services from the Department of
23		Healthcare and Family Services.
24		(iv) Instructions concerning the opportunity to
25		speak, either by telephone or in person, with staff of
26		the Department of Healthcare and Family Services who

SB3733 Engrossed - 1393 - LRB096 19592 AMC 34984 b
1		are trained to clarify information and answer
2		questions about paternity establishment.
3		(v) Instructions for completing and signing the
4		acknowledgment of parentage and denial of paternity.
5		(c) Provide an oral explanation of the documents and
6		instructions set forth in subdivision (5)(b), including an
7		explanation of the implications of, alternatives to, legal
8		consequences of, and the rights and responsibilities that
9		arise from signing an acknowledgment of parentage and, if
10		necessary, a denial of paternity. The oral explanation may
11		be given in person or through the use of video or audio
12		equipment.
13		(6) The institution, State or local registrar, or county
14		clerk shall provide an opportunity for the child's father or
15		mother to sign a rescission of parentage. The signing and
16		witnessing of the rescission of parentage voids the
17		acknowledgment of parentage and nullifies the presumption of
18		paternity if executed and filed with the Department of
19		Healthcare and Family Services (formerly Illinois Department
20		of Public Aid) within the time frame contained in Section 5 of
21		the Illinois Parentage Act of 1984. The Department of
22		Healthcare and Family Services shall furnish the rescission of
23		parentage form to institutions, county clerks, and State and
24		local registrars' offices. The form shall include instructions
25		to send the original signed and witnessed rescission of
26		parentage to the Department of Healthcare and Family Services.

SB3733 Engrossed - 1394 - LRB096 19592 AMC 34984 b
1		(7) An acknowledgment of paternity signed pursuant to
2		Section 6 of the Illinois Parentage Act of 1984 may be
3		challenged in court only on the basis of fraud, duress, or
4		material mistake of fact, with the burden of proof upon the
5		challenging party. Pending outcome of a challenge to the
6		acknowledgment of paternity, the legal responsibilities of the
7		signatories shall remain in full force and effect, except upon
8		order of the court upon a showing of good cause.
9		(8) When the process for acknowledgment of parentage as
10		provided for under subsection (5) establishes the paternity of
11		a child whose certificate of birth is on file in another state,
12		the Department of Healthcare and Family Services shall forward
13		a copy of the acknowledgment of parentage, the denial of
14		paternity, if applicable, and the rescission of parentage, if
15		applicable, to the birth record agency of the state where the
16		child's certificate of birth is on file.
17		(9) In the event the parent-child relationship has been
18		established in accordance with subdivision (a)(1) of Section 6
19		of the Parentage Act of 1984, the names of the biological
20		mother and biological father so established shall be entered on
21		the child's birth certificate, and the names of the surrogate
22		mother and surrogate mother's husband, if any, shall not be on
23		the birth certificate.
24		(Source: P.A. 95-331, eff. 8-21-07; 96-333, eff. 8-11-09;
25		96-474, eff. 8-14-09; revised 9-4-09.)

SB3733 Engrossed - 1395 - LRB096 19592 AMC 34984 b
1		(410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)
2		Sec. 18. (1) Each death which occurs in this State shall be
3		registered by filing a death certificate with the local
4		registrar of the district in which the death occurred or the
5		body was found, within 7 days after such death (within 5 days
6		if the death occurs prior to January 1, 1989) and prior to
7		cremation or removal of the body from the State, except when
8		death is subject to investigation by the coroner or medical
9		examiner.
10		(a) For the purposes of this Section, if the place of
11		death is unknown, a death certificate shall be filed in the
12		registration district in which a dead body is found, which
13		shall be considered the place of death.
14		(b) When a death occurs on a moving conveyance, the
15		place where the body is first removed from the conveyance
16		shall be considered the place of death and a death
17		certificate shall be filed in the registration district in
18		which such place is located.
19		(c) The funeral director who first assumes custody of a
20		dead body shall be responsible for filing a completed death
21		certificate. He shall obtain the personal data from the
22		next of kin or the best qualified person or source
23		available; he shall enter on the certificate the name,
24		relationship, and address of his informant; he shall enter
25		the date, place, and method of final disposition; he shall
26		affix his own signature and enter his address; and shall

SB3733 Engrossed - 1396 - LRB096 19592 AMC 34984 b
1		present the certificate to the person responsible for
2		completing the medical certification of cause of death.
3		(2) The medical certification shall be completed and signed
4		within 48 hours after death by the physician in charge of the
5		patient's care for the illness or condition which resulted in
6		death, except when death is subject to the coroner's or medical
7		examiner's investigation. In the absence of the physician or
8		with his approval, the medical certificate may be completed and
9		signed by his associate physician, the chief medical officer of
10		the institution in which death occurred or by the physician who
11		performed an autopsy upon the decedent.
12		(3) When a death occurs without medical attendance, or when
13		it is otherwise subject to the coroner's or medical examiner's
14		investigation, the coroner or medical examiner shall be
15		responsible for the completion of a coroner's or medical
16		examiner's certificate of death and shall sign the medical
17		certification within 48 hours after death, except as provided
18		by regulation in special problem cases. If the decedent was
19		under the age of 18 years at the time of his or her death, and
20		the death was due to injuries suffered as a result of a motor
21		vehicle backing over a child, or if the death occurred due to
22		the power window of a motor vehicle, the coroner or medical
23		examiner must send a copy of the medical certification, with
24		information documenting that the death was due to a vehicle
25		backing over the child or that the death was caused by a power
26		window of a vehicle, to the Department of Children and Family

SB3733 Engrossed - 1397 - LRB096 19592 AMC 34984 b
1		Services. The Department of Children and Family Services shall
2		(i) collect this information for use by Child Death Review
3		Teams and (ii) compile and maintain this information as part of
4		its Annual Child Death Review Team Report to the General
5		Assembly.
6		(3.5) The medical certification of cause of death shall
7		expressly provide an opportunity for the person completing the
8		certification to indicate that the death was caused in whole or
9		in part by a dementia-related disease, Parkinson's Disease, or
10		Parkinson-Dementia Complex.
11		(4) When the deceased was a veteran of any war of the
12		United States, the funeral director shall prepare a
13		"Certificate of Burial of U. S. War Veteran", as prescribed and
14		furnished by the Illinois Department of Veterans' Veterans
15		Affairs, and submit such certificate to the Illinois Department
16		of Veterans' Veterans Affairs monthly.
17		(5) When a death is presumed to have occurred in this State
18		but the body cannot be located, a death certificate may be
19		prepared by the State Registrar upon receipt of an order of a
20		court of competent jurisdiction which includes the finding of
21		facts required to complete the death certificate. Such death
22		certificate shall be marked "Presumptive" and shall show on its
23		face the date of the registration and shall identify the court
24		and the date of the judgment.
25		(Source: P.A. 93-454, eff. 8-7-03; 94-671, eff. 8-23-05;
26		revised 11-4-09.)

SB3733 Engrossed - 1398 - LRB096 19592 AMC 34984 b
1		Section 545. The Environmental Protection Act is amended by
2		changing Sections 3.330, 4, 22.38, and 42 as follows:
3		(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
4		Sec. 3.330. Pollution control facility.
5		(a) "Pollution control facility" is any waste storage site,
6		sanitary landfill, waste disposal site, waste transfer
7		station, waste treatment facility, or waste incinerator. This
8		includes sewers, sewage treatment plants, and any other
9		facilities owned or operated by sanitary districts organized
10		under the Metropolitan Water Reclamation District Act.
11		The following are not pollution control facilities:
12		(1) (blank);
13		(2) waste storage sites regulated under 40 CFR, Part
14		761.42;
15		(3) sites or facilities used by any person conducting a
16		waste storage, waste treatment, waste disposal, waste
17		transfer or waste incineration operation, or a combination
18		thereof, for wastes generated by such person's own
19		activities, when such wastes are stored, treated, disposed
20		of, transferred or incinerated within the site or facility
21		owned, controlled or operated by such person, or when such
22		wastes are transported within or between sites or
23		facilities owned, controlled or operated by such person;
24		(4) sites or facilities at which the State is

SB3733 Engrossed - 1399 - LRB096 19592 AMC 34984 b
1		performing removal or remedial action pursuant to Section
2		22.2 or 55.3;
3		(5) abandoned quarries used solely for the disposal of
4		concrete, earth materials, gravel, or aggregate debris
5		resulting from road construction activities conducted by a
6		unit of government or construction activities due to the
7		construction and installation of underground pipes, lines,
8		conduit or wires off of the premises of a public utility
9		company which are conducted by a public utility;
10		(6) sites or facilities used by any person to
11		specifically conduct a landscape composting operation;
12		(7) regional facilities as defined in the Central
13		Midwest Interstate Low-Level Radioactive Waste Compact;
14		(8) the portion of a site or facility where coal
15		combustion wastes are stored or disposed of in accordance
16		with subdivision (r)(2) or (r)(3) of Section 21;
17		(9) the portion of a site or facility used for the
18		collection, storage or processing of waste tires as defined
19		in Title XIV;
20		(10) the portion of a site or facility used for
21		treatment of petroleum contaminated materials by
22		application onto or incorporation into the soil surface and
23		any portion of that site or facility used for storage of
24		petroleum contaminated materials before treatment. Only
25		those categories of petroleum listed in Section 57.9(a)(3)
26		are exempt under this subdivision (10);

SB3733 Engrossed - 1400 - LRB096 19592 AMC 34984 b
1		(11) the portion of a site or facility where used oil
2		is collected or stored prior to shipment to a recycling or
3		energy recovery facility, provided that the used oil is
4		generated by households or commercial establishments, and
5		the site or facility is a recycling center or a business
6		where oil or gasoline is sold at retail;
7		(11.5) processing sites or facilities that receive
8		only on-specification used oil, as defined in 35 Ill.
9		Admin. Code 739, originating from used oil collectors for
10		processing that is managed under 35 Ill. Admin. Code 739 to
11		produce products for sale to off-site petroleum
12		facilities, if these processing sites or facilities are:
13		(i) located within a home rule unit of local government
14		with a population of at least 30,000 according to the 2000
15		federal census, that home rule unit of local government has
16		been designated as an Urban Round II Empowerment Zone by
17		the United States Department of Housing and Urban
18		Development, and that home rule unit of local government
19		has enacted an ordinance approving the location of the site
20		or facility and provided funding for the site or facility;
21		and (ii) in compliance with all applicable zoning
22		requirements;
23		(12) the portion of a site or facility utilizing coal
24		combustion waste for stabilization and treatment of only
25		waste generated on that site or facility when used in
26		connection with response actions pursuant to the federal

SB3733 Engrossed - 1401 - LRB096 19592 AMC 34984 b
1		Comprehensive Environmental Response, Compensation, and
2		Liability Act of 1980, the federal Resource Conservation
3		and Recovery Act of 1976, or the Illinois Environmental
4		Protection Act or as authorized by the Agency;
5		(13) the portion of a site or facility accepting
6		exclusively general construction or demolition debris,
7		located in a county with a population over 500,000 as of
8		January 1, 2000, and operated and located in accordance
9		with Section 22.38 of this Act;
10		(14) the portion of a site or facility, located within
11		a unit of local government that has enacted local zoning
12		requirements, used to accept, separate, and process
13		uncontaminated broken concrete, with or without protruding
14		metal bars, provided that the uncontaminated broken
15		concrete and metal bars are not speculatively accumulated,
16		are at the site or facility no longer than one year after
17		their acceptance, and are returned to the economic
18		mainstream in the form of raw materials or products;
19		(15) the portion of a site or facility located in a
20		county with a population over 3,000,000 that has obtained
21		local siting approval under Section 39.2 of this Act for a
22		municipal waste incinerator on or before July 1, 2005 and
23		that is used for a non-hazardous waste transfer station;
24		(16) a site or facility that temporarily holds in
25		transit for 10 days or less, non-petruscible solid waste in
26		original containers, no larger in capacity than 500

SB3733 Engrossed - 1402 - LRB096 19592 AMC 34984 b
1		gallons, provided that such waste is further transferred to
2		a recycling, disposal, treatment, or storage facility on a
3		non-contiguous site and provided such site or facility
4		complies with the applicable 10-day transfer requirements
5		of the federal Resource Conservation and Recovery Act of
6		1976 and United States Department of Transportation
7		hazardous material requirements. For purposes of this
8		Section only, "non-petruscible solid waste" means waste
9		other than municipal garbage that does not rot or become
10		putrid, including, but not limited to, paints, solvent,
11		filters, and absorbents;
12		(17) the portion of a site or facility located in a
13		county with a population greater than 3,000,000 that has
14		obtained local siting approval, under Section 39.2 of this
15		Act, for a municipal waste incinerator on or before July 1,
16		2005 and that is used for wood combustion facilities for
17		energy recovery that accept and burn only wood material, as
18		included in a fuel specification approved by the Agency;
19		(18) a transfer station used exclusively for landscape
20		waste, including a transfer station where landscape waste
21		is ground to reduce its volume, where the landscape waste
22		is held no longer than 24 hours from the time it was
23		received; and
24		(19) the portion of a site or facility that (i) is used
25		for the composting of food scrap, livestock waste, crop
26		residue, uncontaminated wood waste, or paper waste,

SB3733 Engrossed - 1403 - LRB096 19592 AMC 34984 b
1		including, but not limited to, corrugated paper or
2		cardboard, and (ii) meets all of the following
3		requirements:
4		(A) There must not be more than a total of 30,000
5		cubic yards of livestock waste in raw form or in the
6		process of being composted at the site or facility at
7		any one time.
8		(B) All food scrap, livestock waste, crop residue,
9		uncontaminated wood waste, and paper waste must, by the
10		end of each operating day, be processed and placed into
11		an enclosed vessel in which air flow and temperature
12		are controlled, or all of the following additional
13		requirements must be met:
14		(i) The portion of the site or facility used
15		for the composting operation must include a
16		setback of at least 200 feet from the nearest
17		potable water supply well.
18		(ii) The portion of the site or facility used
19		for the composting operation must be located
20		outside the boundary of the 10-year floodplain or
21		floodproofed.
22		(iii) The portion of the site or facility used
23		for the composting operation must be located at
24		least one-eighth of a mile from the nearest
25		residence, other than a residence located on the
26		same property as the site or facility.

SB3733 Engrossed - 1404 - LRB096 19592 AMC 34984 b
1		(iv) The portion of the site or facility used
2		for the composting operation must be located at
3		least one-eighth of a mile from the property line
4		of all of the following areas:
5		(I) Facilities that primarily serve to
6		house or treat people that are
7		immunocompromised or immunosuppressed, such as
8		cancer or AIDS patients; people with asthma,
9		cystic fibrosis, or bioaerosol allergies; or
10		children under the age of one year.
11		(II) Primary and secondary schools and
12		adjacent areas that the schools use for
13		recreation.
14		(III) Any facility for child care licensed
15		under Section 3 of the Child Care Act of 1969;
16		preschools; and adjacent areas that the
17		facilities or preschools use for recreation.
18		(v) By the end of each operating day, all food
19		scrap, livestock waste, crop residue,
20		uncontaminated wood waste, and paper waste must be
21		(i) processed into windrows or other piles and (ii)
22		covered in a manner that prevents scavenging by
23		birds and animals and that prevents other
24		nuisances.
25		(C) Food scrap, livestock waste, crop residue,
26		uncontaminated wood waste, paper waste, and compost

SB3733 Engrossed - 1405 - LRB096 19592 AMC 34984 b
1		must not be placed within 5 feet of the water table.
2		(D) The site or facility must meet all of the
3		requirements of the Wild and Scenic Rivers Act (16
4		U.S.C. 1271 et seq.).
5		(E) The site or facility must not (i) restrict the
6		flow of a 100-year flood, (ii) result in washout of
7		food scrap, livestock waste, crop residue,
8		uncontaminated wood waste, or paper waste from a
9		100-year flood, or (iii) reduce the temporary water
10		storage capacity of the 100-year floodplain, unless
11		measures are undertaken to provide alternative storage
12		capacity, such as by providing lagoons, holding tanks,
13		or drainage around structures at the facility.
14		(F) The site or facility must not be located in any
15		area where it may pose a threat of harm or destruction
16		to the features for which:
17		(i) an irreplaceable historic or
18		archaeological site has been listed under the
19		National Historic Preservation Act (16 U.S.C. 470
20		et seq.) or the Illinois Historic Preservation
21		Act;
22		(ii) a natural landmark has been designated by
23		the National Park Service or the Illinois State
24		Historic Preservation Office; or
25		(iii) a natural area has been designated as a
26		Dedicated Illinois Nature Preserve under the

SB3733 Engrossed - 1406 - LRB096 19592 AMC 34984 b
1		Illinois Natural Areas Preservation Act.
2		(G) The site or facility must not be located in an
3		area where it may jeopardize the continued existence of
4		any designated endangered species, result in the
5		destruction or adverse modification of the critical
6		habitat for such species, or cause or contribute to the
7		taking of any endangered or threatened species of
8		plant, fish, or wildlife listed under the Endangered
9		Species Act (16 U.S.C. 1531 et seq.) or the Illinois
10		Endangered Species Protection Act.
11		(b) A new pollution control facility is:
12		(1) a pollution control facility initially permitted
13		for development or construction after July 1, 1981; or
14		(2) the area of expansion beyond the boundary of a
15		currently permitted pollution control facility; or
16		(3) a permitted pollution control facility requesting
17		approval to store, dispose of, transfer or incinerate, for
18		the first time, any special or hazardous waste.
19		(Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08;
20		95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff.
21		8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; revised
22		10-1-09.)
23		(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
24		Sec. 4. Environmental Protection Agency; establishment;
25		duties.

SB3733 Engrossed - 1407 - LRB096 19592 AMC 34984 b
1		(a) There is established in the Executive Branch of the
2		State Government an agency to be known as the Environmental
3		Protection Agency. This Agency shall be under the supervision
4		and direction of a Director who shall be appointed by the
5		Governor with the advice and consent of the Senate. The term of
6		office of the Director shall expire on the third Monday of
7		January in odd numbered years, provided that he or she shall
8		hold office until a successor is appointed and has qualified.
9		The Director shall receive an annual salary as set by the
10		Compensation Review Board. The Director, in accord with the
11		Personnel Code, shall employ and direct such personnel, and
12		shall provide for such laboratory and other facilities, as may
13		be necessary to carry out the purposes of this Act. In
14		addition, the Director may by agreement secure such services as
15		he or she may deem necessary from any other department, agency,
16		or unit of the State Government, and may employ and compensate
17		such consultants and technical assistants as may be required.
18		(b) The Agency shall have the duty to collect and
19		disseminate such information, acquire such technical data, and
20		conduct such experiments as may be required to carry out the
21		purposes of this Act, including ascertainment of the quantity
22		and nature of discharges from any contaminant source and data
23		on those sources, and to operate and arrange for the operation
24		of devices for the monitoring of environmental quality.
25		(c) The Agency shall have authority to conduct a program of
26		continuing surveillance and of regular or periodic inspection

SB3733 Engrossed - 1408 - LRB096 19592 AMC 34984 b
1		of actual or potential contaminant or noise sources, of public
2		water supplies, and of refuse disposal sites.
3		(d) In accordance with constitutional limitations, the
4		Agency shall have authority to enter at all reasonable times
5		upon any private or public property for the purpose of:
6		(1) Inspecting and investigating to ascertain possible
7		violations of this Act, any rule or regulation adopted
8		under this Act, any permit or term or condition of a
9		permit, or any Board order; or
10		(2) In accordance with the provisions of this Act,
11		taking whatever preventive or corrective action, including
12		but not limited to removal or remedial action, that is
13		necessary or appropriate whenever there is a release or a
14		substantial threat of a release of (A) a hazardous
15		substance or pesticide or (B) petroleum from an underground
16		storage tank.
17		(e) The Agency shall have the duty to investigate
18		violations of this Act, any rule or regulation adopted under
19		this Act, any permit or term or condition of a permit, or any
20		Board order; to issue administrative citations as provided in
21		Section 31.1 of this Act; and to take such summary enforcement
22		action as is provided for by Section 34 of this Act.
23		(f) The Agency shall appear before the Board in any hearing
24		upon a petition for variance, the denial of a permit, or the
25		validity or effect of a rule or regulation of the Board, and
26		shall have the authority to appear before the Board in any

SB3733 Engrossed - 1409 - LRB096 19592 AMC 34984 b
1		hearing under the Act.
2		(g) The Agency shall have the duty to administer, in accord
3		with Title X of this Act, such permit and certification systems
4		as may be established by this Act or by regulations adopted
5		thereunder. The Agency may enter into written delegation
6		agreements with any department, agency, or unit of State or
7		local government under which all or portions of this duty may
8		be delegated for public water supply storage and transport
9		systems, sewage collection and transport systems, air
10		pollution control sources with uncontrolled emissions of 100
11		tons per year or less and application of algicides to waters of
12		the State. Such delegation agreements will require that the
13		work to be performed thereunder will be in accordance with
14		Agency criteria, subject to Agency review, and shall include
15		such financial and program auditing by the Agency as may be
16		required.
17		(h) The Agency shall have authority to require the
18		submission of complete plans and specifications from any
19		applicant for a permit required by this Act or by regulations
20		thereunder, and to require the submission of such reports
21		regarding actual or potential violations of this Act, any rule
22		or regulation adopted under this Act, any permit or term or
23		condition of a permit, or any Board order, as may be necessary
24		for the purposes of this Act.
25		(i) The Agency shall have authority to make recommendations
26		to the Board for the adoption of regulations under Title VII of

SB3733 Engrossed - 1410 - LRB096 19592 AMC 34984 b
1		the Act.
2		(j) The Agency shall have the duty to represent the State
3		of Illinois in any and all matters pertaining to plans,
4		procedures, or negotiations for interstate compacts or other
5		governmental arrangements relating to environmental
6		protection.
7		(k) The Agency shall have the authority to accept, receive,
8		and administer on behalf of the State any grants, gifts, loans,
9		indirect cost reimbursements, or other funds made available to
10		the State from any source for purposes of this Act or for air
11		or water pollution control, public water supply, solid waste
12		disposal, noise abatement, or other environmental protection
13		activities, surveys, or programs. Any federal funds received by
14		the Agency pursuant to this subsection shall be deposited in a
15		trust fund with the State Treasurer and held and disbursed by
16		him in accordance with Treasurer as Custodian of Funds Act,
17		provided that such monies shall be used only for the purposes
18		for which they are contributed and any balance remaining shall
19		be returned to the contributor.
20		The Agency is authorized to promulgate such regulations and
21		enter into such contracts as it may deem necessary for carrying
22		out the provisions of this subsection.
23		(l) The Agency is hereby designated as water pollution
24		agency for the state for all purposes of the Federal Water
25		Pollution Control Act, as amended; as implementing agency for
26		the State for all purposes of the Safe Drinking Water Act,

SB3733 Engrossed - 1411 - LRB096 19592 AMC 34984 b
1		Public Law 93-523, as now or hereafter amended, except Section
2		1425 of that Act; as air pollution agency for the state for all
3		purposes of the Clean Air Act of 1970, Public Law 91-604,
4		approved December 31, 1970, as amended; and as solid waste
5		agency for the state for all purposes of the Solid Waste
6		Disposal Act, Public Law 89-272, approved October 20, 1965, and
7		amended by the Resource Recovery Act of 1970, Public Law
8		91-512, approved October 26, 1970, as amended, and amended by
9		the Resource Conservation and Recovery Act of 1976, (P.L.
10		94-580) approved October 21, 1976, as amended; as noise control
11		agency for the state for all purposes of the Noise Control Act
12		of 1972, Public Law 92-574, approved October 27, 1972, as
13		amended; and as implementing agency for the State for all
14		purposes of the Comprehensive Environmental Response,
15		Compensation, and Liability Act of 1980 (P.L. 96-510), as
16		amended; and otherwise as pollution control agency for the
17		State pursuant to federal laws integrated with the foregoing
18		laws, for financing purposes or otherwise. The Agency is hereby
19		authorized to take all action necessary or appropriate to
20		secure to the State the benefits of such federal Acts, provided
21		that the Agency shall transmit to the United States without
22		change any standards adopted by the Pollution Control Board
23		pursuant to Section 5(c) of this Act. This subsection (l) of
24		Section 4 shall not be construed to bar or prohibit the
25		Environmental Protection Trust Fund Commission from accepting,
26		receiving, and administering on behalf of the State any grants,

SB3733 Engrossed - 1412 - LRB096 19592 AMC 34984 b
1		gifts, loans or other funds for which the Commission is
2		eligible pursuant to the Environmental Protection Trust Fund
3		Act. The Agency is hereby designated as the State agency for
4		all purposes of administering the requirements of Section 313
5		of the federal Emergency Planning and Community Right-to-Know
6		Act of 1986.
7		Any municipality, sanitary district, or other political
8		subdivision, or any Agency of the State or interstate Agency,
9		which makes application for loans or grants under such federal
10		Acts shall notify the Agency of such application; the Agency
11		may participate in proceedings under such federal Acts.
12		(m) The Agency shall have authority, consistent with
13		Section 5(c) and other provisions of this Act, and for purposes
14		of Section 303(e) of the Federal Water Pollution Control Act,
15		as now or hereafter amended, to engage in planning processes
16		and activities and to develop plans in cooperation with units
17		of local government, state agencies and officers, and other
18		appropriate persons in connection with the jurisdiction or
19		duties of each such unit, agency, officer or person. Public
20		hearings shall be held on the planning process, at which any
21		person shall be permitted to appear and be heard, pursuant to
22		procedural regulations promulgated by the Agency.
23		(n) In accordance with the powers conferred upon the Agency
24		by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the
25		Agency shall have authority to establish and enforce minimum
26		standards for the operation of laboratories relating to

SB3733 Engrossed - 1413 - LRB096 19592 AMC 34984 b
1		analyses and laboratory tests for air pollution, water
2		pollution, noise emissions, contaminant discharges onto land
3		and sanitary, chemical, and mineral quality of water
4		distributed by a public water supply. The Agency may enter into
5		formal working agreements with other departments or agencies of
6		state government under which all or portions of this authority
7		may be delegated to the cooperating department or agency.
8		(o) The Agency shall have the authority to issue
9		certificates of competency to persons and laboratories meeting
10		the minimum standards established by the Agency in accordance
11		with Section 4(n) of this Act and to promulgate and enforce
12		regulations relevant to the issuance and use of such
13		certificates. The Agency may enter into formal working
14		agreements with other departments or agencies of state
15		government under which all or portions of this authority may be
16		delegated to the cooperating department or agency.
17		(p) Except as provided in Section 17.7, the Agency shall
18		have the duty to analyze samples as required from each public
19		water supply to determine compliance with the contaminant
20		levels specified by the Pollution Control Board. The maximum
21		number of samples which the Agency shall be required to analyze
22		for microbiological quality shall be 6 per month, but the
23		Agency may, at its option, analyze a larger number each month
24		for any supply. Results of sample analyses for additional
25		required bacteriological testing, turbidity, residual chlorine
26		and radionuclides are to be provided to the Agency in

SB3733 Engrossed - 1414 - LRB096 19592 AMC 34984 b
1		accordance with Section 19. Owners of water supplies may enter
2		into agreements with the Agency to provide for reduced Agency
3		participation in sample analyses.
4		(q) The Agency shall have the authority to provide notice
5		to any person who may be liable pursuant to Section 22.2(f) of
6		this Act for a release or a substantial threat of a release of
7		a hazardous substance or pesticide. Such notice shall include
8		the identified response action and an opportunity for such
9		person to perform the response action.
10		(r) The Agency may enter into written delegation agreements
11		with any unit of local government under which it may delegate
12		all or portions of its inspecting, investigating and
13		enforcement functions. Such delegation agreements shall
14		require that work performed thereunder be in accordance with
15		Agency criteria and subject to Agency review. Notwithstanding
16		any other provision of law to the contrary, no unit of local
17		government shall be liable for any injury resulting from the
18		exercise of its authority pursuant to such a delegation
19		agreement unless the injury is proximately caused by the
20		willful and wanton negligence of an agent or employee of the
21		unit of local government, and any policy of insurance coverage
22		issued to a unit of local government may provide for the denial
23		of liability and the nonpayment of claims based upon injuries
24		for which the unit of local government is not liable pursuant
25		to this subsection (r).
26		(s) The Agency shall have authority to take whatever

SB3733 Engrossed - 1415 - LRB096 19592 AMC 34984 b
1		preventive or corrective action is necessary or appropriate,
2		including but not limited to expenditure of monies appropriated
3		from the Build Illinois Bond Fund and the Build Illinois
4		Purposes Fund for removal or remedial action, whenever any
5		hazardous substance or pesticide is released or there is a
6		substantial threat of such a release into the environment. The
7		State, the Director, and any State employee shall be
8		indemnified for any damages or injury arising out of or
9		resulting from any action taken under this subsection. The
10		Director of the Agency is authorized to enter into such
11		contracts and agreements as are necessary to carry out the
12		Agency's duties under this subsection.
13		(t) The Agency shall have authority to distribute grants,
14		subject to appropriation by the General Assembly, to units of
15		local government for financing and construction of wastewater
16		facilities in both incorporated and unincorporated areas. With
17		respect to all monies appropriated from the Build Illinois Bond
18		Fund and the Build Illinois Purposes Fund for wastewater
19		facility grants, the Agency shall make distributions in
20		conformity with the rules and regulations established pursuant
21		to the Anti-Pollution Bond Act, as now or hereafter amended.
22		(u) Pursuant to the Illinois Administrative Procedure Act,
23		the Agency shall have the authority to adopt such rules as are
24		necessary or appropriate for the Agency to implement Section
25		31.1 of this Act.
26		(v) (Blank.)

SB3733 Engrossed - 1416 - LRB096 19592 AMC 34984 b
1		(w) Neither the State, nor the Director, nor the Board, nor
2		any State employee shall be liable for any damages or injury
3		arising out of or resulting from any action taken under
4		subsection (s).
5		(x)(1) The Agency shall have authority to distribute
6		grants, subject to appropriation by the General Assembly,
7		to units of local government for financing and construction
8		of public water supply facilities. With respect to all
9		monies appropriated from the Build Illinois Bond Fund or
10		the Build Illinois Purposes Fund for public water supply
11		grants, such grants shall be made in accordance with rules
12		promulgated by the Agency. Such rules shall include a
13		requirement for a local match of 30% of the total project
14		cost for projects funded through such grants.
15		(2) The Agency shall not terminate a grant to a unit of
16		local government for the financing and construction of
17		public water supply facilities unless and until the Agency
18		adopts rules that set forth precise and complete standards,
19		pursuant to Section 5-20 of the Illinois Administrative
20		Procedure Act, for the termination of such grants. The
21		Agency shall not make determinations on whether specific
22		grant conditions are necessary to ensure the integrity of a
23		project or on whether subagreements shall be awarded, with
24		respect to grants for the financing and construction of
25		public water supply facilities, unless and until the Agency
26		adopts rules that set forth precise and complete standards,

SB3733 Engrossed - 1417 - LRB096 19592 AMC 34984 b
1		pursuant to Section 5-20 of the Illinois Administrative
2		Procedure Act, for making such determinations. The Agency
3		shall not issue a stop-work order in relation to such
4		grants unless and until the Agency adopts precise and
5		complete standards, pursuant to Section 5-20 of the
6		Illinois Administrative Procedure Act, for determining
7		whether to issue a stop-work order.
8		(y) The Agency shall have authority to release any person
9		from further responsibility for preventive or corrective
10		action under this Act following successful completion of
11		preventive or corrective action undertaken by such person upon
12		written request by the person.
13		(z) To the extent permitted by any applicable federal law
14		or regulation, for all work performed for State construction
15		projects which are funded in whole or in part by a capital
16		infrastructure bill enacted by the 96th General Assembly by
17		sums appropriated to the Environmental Protection Agency, at
18		least 50% of the total labor hours must be performed by actual
19		residents of the State of Illinois. For purposes of this
20		subsection, "actual residents of the State of Illinois" means
21		persons domiciled in the State of Illinois. The Department of
22		Labor shall promulgate rules providing for the enforcement of
23		this subsection.
24		(Source: P.A. 96-37, eff. 7-13-09; 96-503, eff. 8-14-09;
25		96-800, eff. 10-30-09; revised 11-23-09.)

SB3733 Engrossed - 1418 - LRB096 19592 AMC 34984 b
1		(415 ILCS 5/22.38)
2		Sec. 22.38. Facilities accepting exclusively general
3		construction or demolition debris for transfer, storage, or
4		treatment.
5		(a) Facilities accepting exclusively general construction
6		or demolition debris for transfer, storage, or treatment shall
7		be subject to local zoning, ordinance, and land use
8		requirements. Those facilities shall be located in accordance
9		with local zoning requirements or, in the absence of local
10		zoning requirements, shall be located so that no part of the
11		facility boundary is closer than 1,320 feet from the nearest
12		property zoned for primarily residential use.
13		(b) An owner or operator of a facility accepting
14		exclusively general construction or demolition debris for
15		transfer, storage, or treatment shall:
16		(1) Within 48 hours of receipt of the general
17		construction or demolition debris at the facility, sort the
18		general construction or demolition debris to separate the
19		recyclable general construction or demolition debris and
20		recovered wood that is processed for use as fuel from
21		non-recyclable general construction or demolition debris
22		to be disposed of or discarded.
23		(2) Transport off site for disposal all non-recyclable
24		general construction or demolition debris that is neither
25		recyclable general construction or demolition debris nor
26		recovered wood that is processed for use as fuel in

SB3733 Engrossed - 1419 - LRB096 19592 AMC 34984 b
1		accordance with all applicable federal, State, and local
2		requirements within 72 hours of its receipt at the
3		facility.
4		(3) Limit the percentage of incoming non-recyclable
5		general construction or demolition debris to 25% or less of
6		the total incoming general construction or demolition
7		debris, as calculated on a daily basis, so that 75% or more
8		of the general construction or demolition debris accepted
9		on a daily basis consists of recyclable general
10		construction or demolition debris, recovered wood that is
11		processed for use as fuel, or both.
12		(4) Transport all non-putrescible recyclable general
13		construction or demolition debris for recycling or
14		disposal within 6 months of its receipt at the facility.
15		(5) Within within 45 days of its receipt at the
16		facility, transport Transport (i) all putrescible or
17		combustible recyclable general construction or demolition
18		debris (excluding recovered wood that is processed for use
19		as fuel) for recycling or disposal; and (ii) all recovered
20		wood that is processed for use as fuel to an intermediate
21		processing facility for sizing, to a combustion facility
22		for use as fuel, or to a disposal facility;.
23		(6) Employ tagging and recordkeeping procedures to (i)
24		demonstrate compliance with this Section and (ii) identify
25		the source and transporter of material accepted by the
26		facility.

SB3733 Engrossed - 1420 - LRB096 19592 AMC 34984 b
1		(7) Control odor, noise, combustion of materials,
2		disease vectors, dust, and litter.
3		(8) Control, manage, and dispose of any storm water
4		runoff and leachate generated at the facility in accordance
5		with applicable federal, State, and local requirements.
6		(9) Control access to the facility.
7		(10) Comply with all applicable federal, State, or
8		local requirements for the handling, storage,
9		transportation, or disposal of asbestos-containing
10		material or other material accepted at the facility that is
11		not general construction or demolition debris.
12		(11) Prior to August 24, 2009 (the effective date of
13		Public Act 96-611) this amendatory Act of the 96th General
14		Assembly, submit to the Agency at least 30 days prior to
15		the initial acceptance of general construction or
16		demolition debris at the facility, on forms provided by the
17		Agency, the following information:
18		(A) the name, address, and telephone number of both
19		the facility owner and operator;
20		(B) the street address and location of the
21		facility;
22		(C) a description of facility operations;
23		(D) a description of the tagging and recordkeeping
24		procedures the facility will employ to (i) demonstrate
25		compliance with this Section and (ii) identify the
26		source and transporter of any material accepted by the

SB3733 Engrossed - 1421 - LRB096 19592 AMC 34984 b
1		facility;
2		(E) the name and location of the disposal sites to
3		be used for the disposal of any general construction or
4		demolition debris received at the facility that must be
5		disposed of;
6		(F) the name and location of an individual,
7		facility, or business to which recyclable materials
8		will be transported;
9		(G) the name and location of intermediate
10		processing facilities or combustion facilities to
11		which recovered wood that is processed for use as fuel
12		will be transported; and
13		(H) other information as specified on the form
14		provided by the Agency.
15		(12) On or after August 24, 2009 (the effective date of
16		Public Act 96-611) this amendatory Act of the 96th General
17		Assembly, obtain a permit issued by the Agency prior to the
18		initial acceptance of general construction or demolition
19		debris at the facility.
20		When any of the information contained or processes
21		described in the initial notification form submitted to the
22		Agency changes, the owner and operator shall submit an
23		updated form within 14 days of the change.
24		(c) For purposes of this Section, the term "recyclable
25		general construction or demolition debris" means general
26		construction or demolition debris that has been rendered

SB3733 Engrossed - 1422 - LRB096 19592 AMC 34984 b
1		reusable and is reused or that would otherwise be disposed of
2		or discarded but is collected, separated, or processed and
3		returned to the economic mainstream in the form of raw
4		materials or products. "Recyclable general construction or
5		demolition debris" does not include general construction or
6		demolition debris processed for use as fuel, incinerated,
7		burned, buried, or otherwise used as fill material.
8		(d) For purposes of this Section, "treatment" means
9		processing designed to alter the physical nature of the general
10		construction or demolition debris, including but not limited to
11		size reduction, crushing, grinding, or homogenization, but
12		does not include processing designed to change the chemical
13		nature of the general construction or demolition debris.
14		(e) For purposes of this Section, "recovered wood that is
15		processed for use as fuel" means wood that has been salvaged
16		from general construction or demolition debris and processed
17		for use as fuel, as authorized by the applicable state or
18		federal environmental regulatory authority, and supplied only
19		to intermediate processing facilities for sizing, or to
20		combustion facilities for use as fuel, that have obtained all
21		necessary waste management and air permits for handling and
22		combustion of the fuel.
23		(f) For purposes of this Section, "non-recyclable general
24		construction or demolition debris" does not include "recovered
25		wood that is processed for use as fuel".
26		(g) Recyclable general construction or demolition debris

SB3733 Engrossed - 1423 - LRB096 19592 AMC 34984 b
1		or recovered wood that is processed for use as fuel that is
2		sent for disposal at the end of the applicable retention period
3		shall not be considered as meeting the 75% diversion
4		requirement for purposes of subdivision (b)(3) of this Section.
5		(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09;
6		revised 9-15-09.)
7		(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
8		Sec. 42. Civil penalties.
9		(a) Except as provided in this Section, any person that
10		violates any provision of this Act or any regulation adopted by
11		the Board, or any permit or term or condition thereof, or that
12		violates any order of the Board pursuant to this Act, shall be
13		liable for a civil penalty of not to exceed $50,000 for the
14		violation and an additional civil penalty of not to exceed
15		$10,000 for each day during which the violation continues; such
16		penalties may, upon order of the Board or a court of competent
17		jurisdiction, be made payable to the Environmental Protection
18		Trust Fund, to be used in accordance with the provisions of the
19		Environmental Protection Trust Fund Act.
20		(b) Notwithstanding the provisions of subsection (a) of
21		this Section:
22		(1) Any person that violates Section 12(f) of this Act
23		or any NPDES permit or term or condition thereof, or any
24		filing requirement, regulation or order relating to the
25		NPDES permit program, shall be liable to a civil penalty of

SB3733 Engrossed - 1424 - LRB096 19592 AMC 34984 b
1		not to exceed $10,000 per day of violation.
2		(2) Any person that violates Section 12(g) of this Act
3		or any UIC permit or term or condition thereof, or any
4		filing requirement, regulation or order relating to the
5		State UIC program for all wells, except Class II wells as
6		defined by the Board under this Act, shall be liable to a
7		civil penalty not to exceed $2,500 per day of violation;
8		provided, however, that any person who commits such
9		violations relating to the State UIC program for Class II
10		wells, as defined by the Board under this Act, shall be
11		liable to a civil penalty of not to exceed $10,000 for the
12		violation and an additional civil penalty of not to exceed
13		$1,000 for each day during which the violation continues.
14		(3) Any person that violates Sections 21(f), 21(g),
15		21(h) or 21(i) of this Act, or any RCRA permit or term or
16		condition thereof, or any filing requirement, regulation
17		or order relating to the State RCRA program, shall be
18		liable to a civil penalty of not to exceed $25,000 per day
19		of violation.
20		(4) In an administrative citation action under Section
21		31.1 of this Act, any person found to have violated any
22		provision of subsection (o) of Section 21 of this Act shall
23		pay a civil penalty of $500 for each violation of each such
24		provision, plus any hearing costs incurred by the Board and
25		the Agency. Such penalties shall be made payable to the
26		Environmental Protection Trust Fund, to be used in

SB3733 Engrossed - 1425 - LRB096 19592 AMC 34984 b
1		accordance with the provisions of the Environmental
2		Protection Trust Fund Act; except that if a unit of local
3		government issued the administrative citation, 50% of the
4		civil penalty shall be payable to the unit of local
5		government.
6		(4-5) In an administrative citation action under
7		Section 31.1 of this Act, any person found to have violated
8		any provision of subsection (p) of Section 21 or subsection
9		(k) of Section 55 of this Act shall pay a civil penalty of
10		$1,500 for each violation of each such provision, plus any
11		hearing costs incurred by the Board and the Agency, except
12		that the civil penalty amount shall be $3,000 for each
13		violation of any provision of subsection (p) of Section 21
14		or subsection (k) of Section 55 that is the person's second
15		or subsequent adjudication violation of that provision.
16		The penalties shall be deposited into the Environmental
17		Protection Trust Fund, to be used in accordance with the
18		provisions of the Environmental Protection Trust Fund Act;
19		except that if a unit of local government issued the
20		administrative citation, 50% of the civil penalty shall be
21		payable to the unit of local government.
22		(5) Any person who violates subsection 6 of Section
23		39.5 of this Act or any CAAPP permit, or term or condition
24		thereof, or any fee or filing requirement, or any duty to
25		allow or carry out inspection, entry or monitoring
26		activities, or any regulation or order relating to the

SB3733 Engrossed - 1426 - LRB096 19592 AMC 34984 b
1		CAAPP shall be liable for a civil penalty not to exceed
2		$10,000 per day of violation.
3		(6) Any owner or operator of a community water system
4		that violates subsection (b) of Section 18.1 or subsection
5		(a) of Section 25d-3 of this Act shall, for each day of
6		violation, be liable for a civil penalty not to exceed $5
7		for each of the premises connected to the affected
8		community water system.
9		(b.5) In lieu of the penalties set forth in subsections (a)
10		and (b) of this Section, any person who fails to file, in a
11		timely manner, toxic chemical release forms with the Agency
12		pursuant to Section 25b-2 of this Act shall be liable for a
13		civil penalty of $100 per day for each day the forms are late,
14		not to exceed a maximum total penalty of $6,000. This daily
15		penalty shall begin accruing on the thirty-first day after the
16		date that the person receives the warning notice issued by the
17		Agency pursuant to Section 25b-6 of this Act; and the penalty
18		shall be paid to the Agency. The daily accrual of penalties
19		shall cease as of January 1 of the following year. All
20		penalties collected by the Agency pursuant to this subsection
21		shall be deposited into the Environmental Protection Permit and
22		Inspection Fund.
23		(c) Any person that violates this Act, any rule or
24		regulation adopted under this Act, any permit or term or
25		condition of a permit, or any Board order and causes the death
26		of fish or aquatic life shall, in addition to the other

SB3733 Engrossed - 1427 - LRB096 19592 AMC 34984 b
1		penalties provided by this Act, be liable to pay to the State
2		an additional sum for the reasonable value of the fish or
3		aquatic life destroyed. Any money so recovered shall be placed
4		in the Wildlife and Fish Fund in the State Treasury.
5		(d) The penalties provided for in this Section may be
6		recovered in a civil action.
7		(e) The State's Attorney of the county in which the
8		violation occurred, or the Attorney General, may, at the
9		request of the Agency or on his own motion, institute a civil
10		action for an injunction, prohibitory or mandatory, to restrain
11		violations of this Act, any rule or regulation adopted under
12		this Act, any permit or term or condition of a permit, or any
13		Board order, or to require such other actions as may be
14		necessary to address violations of this Act, any rule or
15		regulation adopted under this Act, any permit or term or
16		condition of a permit, or any Board order.
17		(f) The State's Attorney of the county in which the
18		violation occurred, or the Attorney General, shall bring such
19		actions in the name of the people of the State of Illinois.
20		Without limiting any other authority which may exist for the
21		awarding of attorney's fees and costs, the Board or a court of
22		competent jurisdiction may award costs and reasonable
23		attorney's fees, including the reasonable costs of expert
24		witnesses and consultants, to the State's Attorney or the
25		Attorney General in a case where he has prevailed against a
26		person who has committed a wilful, knowing or repeated

SB3733 Engrossed - 1428 - LRB096 19592 AMC 34984 b
1		violation of this Act, any rule or regulation adopted under
2		this Act, any permit or term or condition of a permit, or any
3		Board order.
4		Any funds collected under this subsection (f) in which the
5		Attorney General has prevailed shall be deposited in the
6		Hazardous Waste Fund created in Section 22.2 of this Act. Any
7		funds collected under this subsection (f) in which a State's
8		Attorney has prevailed shall be retained by the county in which
9		he serves.
10		(g) All final orders imposing civil penalties pursuant to
11		this Section shall prescribe the time for payment of such
12		penalties. If any such penalty is not paid within the time
13		prescribed, interest on such penalty at the rate set forth in
14		subsection (a) of Section 1003 of the Illinois Income Tax Act,
15		shall be paid for the period from the date payment is due until
16		the date payment is received. However, if the time for payment
17		is stayed during the pendency of an appeal, interest shall not
18		accrue during such stay.
19		(h) In determining the appropriate civil penalty to be
20		imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
21		(b)(5) of this Section, the Board is authorized to consider any
22		matters of record in mitigation or aggravation of penalty,
23		including but not limited to the following factors:
24		(1) the duration and gravity of the violation;
25		(2) the presence or absence of due diligence on the
26		part of the respondent in attempting to comply with

SB3733 Engrossed - 1429 - LRB096 19592 AMC 34984 b
1		requirements of this Act and regulations thereunder or to
2		secure relief therefrom as provided by this Act;
3		(3) any economic benefits accrued by the respondent
4		because of delay in compliance with requirements, in which
5		case the economic benefits shall be determined by the
6		lowest cost alternative for achieving compliance;
7		(4) the amount of monetary penalty which will serve to
8		deter further violations by the respondent and to otherwise
9		aid in enhancing voluntary compliance with this Act by the
10		respondent and other persons similarly subject to the Act;
11		(5) the number, proximity in time, and gravity of
12		previously adjudicated violations of this Act by the
13		respondent;
14		(6) whether the respondent voluntarily self-disclosed,
15		in accordance with subsection (i) of this Section, the
16		non-compliance to the Agency; and
17		(7) whether the respondent has agreed to undertake a
18		"supplemental environmental project," which means an
19		environmentally beneficial project that a respondent
20		agrees to undertake in settlement of an enforcement action
21		brought under this Act, but which the respondent is not
22		otherwise legally required to perform.
23		In determining the appropriate civil penalty to be imposed
24		under subsection (a) or paragraph (1), (2), (3), or (5) of
25		subsection (b) of this Section, the Board shall ensure, in all
26		cases, that the penalty is at least as great as the economic

SB3733 Engrossed - 1430 - LRB096 19592 AMC 34984 b
1		benefits, if any, accrued by the respondent as a result of the
2		violation, unless the Board finds that imposition of such
3		penalty would result in an arbitrary or unreasonable financial
4		hardship. However, such civil penalty may be off-set in whole
5		or in part pursuant to a supplemental environmental project
6		agreed to by the complainant and the respondent.
7		(i) A person who voluntarily self-discloses non-compliance
8		to the Agency, of which the Agency had been unaware, is
9		entitled to a 100% reduction in the portion of the penalty that
10		is not based on the economic benefit of non-compliance if the
11		person can establish the following:
12		(1) that the non-compliance was discovered through an
13		environmental audit or a compliance management system
14		documented by the regulated entity as reflecting the
15		regulated entity's due diligence in preventing, detecting,
16		and correcting violations;
17		(2) that the non-compliance was disclosed in writing
18		within 30 days of the date on which the person discovered
19		it;
20		(3) that the non-compliance was discovered and
21		disclosed prior to:
22		(i) the commencement of an Agency inspection,
23		investigation, or request for information;
24		(ii) notice of a citizen suit;
25		(iii) the filing of a complaint by a citizen, the
26		Illinois Attorney General, or the State's Attorney of

SB3733 Engrossed - 1431 - LRB096 19592 AMC 34984 b
1		the county in which the violation occurred;
2		(iv) the reporting of the non-compliance by an
3		employee of the person without that person's
4		knowledge; or
5		(v) imminent discovery of the non-compliance by
6		the Agency;
7		(4) that the non-compliance is being corrected and any
8		environmental harm is being remediated in a timely fashion;
9		(5) that the person agrees to prevent a recurrence of
10		the non-compliance;
11		(6) that no related non-compliance events have
12		occurred in the past 3 years at the same facility or in the
13		past 5 years as part of a pattern at multiple facilities
14		owned or operated by the person;
15		(7) that the non-compliance did not result in serious
16		actual harm or present an imminent and substantial
17		endangerment to human health or the environment or violate
18		the specific terms of any judicial or administrative order
19		or consent agreement;
20		(8) that the person cooperates as reasonably requested
21		by the Agency after the disclosure; and
22		(9) that the non-compliance was identified voluntarily
23		and not through a monitoring, sampling, or auditing
24		procedure that is required by statute, rule, permit,
25		judicial or administrative order, or consent agreement.
26		If a person can establish all of the elements under this

SB3733 Engrossed - 1432 - LRB096 19592 AMC 34984 b
1		subsection except the element set forth in paragraph (1) of
2		this subsection, the person is entitled to a 75% reduction in
3		the portion of the penalty that is not based upon the economic
4		benefit of non-compliance.
5		(j) In addition to an other remedy or penalty that may
6		apply, whether civil or criminal, any person who violates
7		Section 22.52 of this Act shall be liable for an additional
8		civil penalty of up to 3 times the gross amount of any
9		pecuniary gain resulting from the violation.
10		(Source: P.A. 95-331, eff. 8-21-07; 96-603, eff. 8-24-09;
11		96-737, eff. 8-25-09; revised 9-15-09.)
12		Section 550. The Lawn Care Products Application and Notice
13		Act is amended by changing Section 6 as follows:
14		(415 ILCS 65/6) (from Ch. 5, par. 856)
15		Sec. 6. This Act shall be administered and enforced by the
16		Department. The Department may promulgate rules and
17		regulations as necessary for the enforcement of this Act. The
18		Department of Public Health must inform school boards and the
19		owners and operators of day care centers about the provisions
20		of this Act that are applicable to school districts and day
21		care centers, and it must inform school boards about the
22		requirements contained in Sections 10-20.49 subdivisions
23		10-20.46 and 34-18.40 34-18.37 of the School Code. The
24		Department of Public Health must recommend that day care

SB3733 Engrossed - 1433 - LRB096 19592 AMC 34984 b
1		centers and schools use a pesticide-free turf care program to
2		maintain their turf. The Department of Public Health must also
3		report violations of this Act of which it becomes aware to the
4		Department for enforcement.
5		(Source: P.A. 96-424, eff. 8-13-09; revised 10-21-09.)
6		Section 555. The Alternate Fuels Act is amended by setting
7		forth and renumbering multiple versions of Section 23 as
8		follows:
9		(415 ILCS 120/23)
10		(Section scheduled to be repealed on January 1, 2012)
11		Sec. 23. Alternate Fuels Commission.
12		(a) The Alternate Fuels Commission is established within
13		the Department of Commerce and Economic Opportunity. The
14		Commission shall investigate and recommend strategies that the
15		Governor and the General Assembly may implement to promote the
16		use of alternate fuels and biodiesel fuels and to encourage the
17		use of vehicles that utilize alternate fuels and biodiesel
18		fuels. The Commission shall also identify mechanisms that
19		promote research into alternate fuels and biodiesel fuels.
20		(b) The Commission shall identify mechanisms that promote
21		effective communication and coordination of efforts between
22		this State and local governments, private industry, and
23		institutes of higher education concerning the investigation,
24		research into, and promotion of alternate fuels and biodiesel

SB3733 Engrossed - 1434 - LRB096 19592 AMC 34984 b
1		fuels.
2		(c) The Commission may also review and recommend changes to
3		any State regulation that may hinder the use, research, and
4		development of alternate fuels, biodiesel fuels, and vehicles
5		that are able to utilize those fuels.
6		(d) The Commission shall consist of the following members,
7		appointed by the Governor within 90 days of the effective date
8		of this Act:
9		(1) The Director of Commerce and Economic Opportunity
10		(or his or her designee), who shall serve as the chair of
11		the Commission.
12		(2) The Director of Agriculture (or his or her
13		designee).
14		(3) At least one member from an association
15		representing corn growers.
16		(4) At least one member from an association
17		representing soybean producers.
18		(5) One representative of a general agricultural
19		production association.
20		(6) One representative of automotive fuel blenders in
21		this State.
22		(7) One representative of retail petroleum sellers in
23		this State.
24		(8) One representative of petroleum suppliers in this
25		State.
26		(9) One representative of biodiesel fuel producers.

SB3733 Engrossed - 1435 - LRB096 19592 AMC 34984 b
1		(10) One representative of ethanol producers.
2		(11) One representative of environmental
3		organizations.
4		(12) Three representatives of the automotive
5		manufacturing industry.
6		(13) Three representatives of colleges and
7		universities in this State that are engaged in alternate
8		fuel or biodiesel fuel research.
9		(14) Any other member that the Governor concludes is
10		necessary to further the Commission's purposes.
11		(e) No later than one year after the effective date of this
12		amendatory Act of the 96th General Assembly, the Commission
13		shall issue a written report on its investigation and
14		recommendations to the General Assembly and the Governor.
15		Follow-up reports shall be issued at least annually and may be
16		issued more frequently if the Commission deems it advisable.
17		(f) This Section is repealed effective January 1, 2012.
18		(Source: P.A. 96-323, eff. 8-11-09.)
19		(415 ILCS 120/24)
20		Sec. 24 23. Flexible fuel vehicle notification.
21		(a) Beginning July 1, 2010 and through June 30, 2014, the
22		Secretary of State must notify each owner of a first division
23		licensed motor vehicle that many motor vehicles are capable of
24		using E85 blended fuel. This notice must be included on the
25		motor vehicle sticker renewal form mailed to the owner by the

SB3733 Engrossed - 1436 - LRB096 19592 AMC 34984 b
1		Office of the Secretary of State.
2		(b) The notice must include the following text:
3		E85 blended fuel reduces reliance on foreign oil and
4		supports Illinois agriculture.
5		(Source: P.A. 96-510, eff. 8-14-09; revised 9-29-09.)
6		Section 560. The Carnival and Amusement Rides Safety Act is
7		amended by changing Section 2-19 as follows:
8		(430 ILCS 85/2-19) (from Ch. 111 1/2, par. 4069)
9		Sec. 2-19. The owner or operator of an amusement ride or
10		amusement attraction may remove a person from or deny a person
11		entry to a person to an amusement ride or amusement attraction
12		if, in the owner's or operator's opinion, the entry or conduct
13		may jeopardize the safety of such person or the safety of any
14		other person. Nothing in this Section will permit an owner or
15		operator to deny an inspector access to an amusement ride or
16		amusement attraction when such inspector is acting within the
17		scope of his duties under this Act.
18		(Source: P.A. 96-151, eff. 8-7-09; revised 11-4-09.)
19		Section 565. The Humane Care for Animals Act is amended by
20		changing Section 4.01 as follows:
21		(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
22		Sec. 4.01. Animals in entertainment. This Section does not

SB3733 Engrossed - 1437 - LRB096 19592 AMC 34984 b
1		apply when the only animals involved are dogs. (Section 26-5 of
2		the Criminal Code of 1961, rather than this Section, applies
3		when the only animals involved are dogs.)
4		(a) No person may own, capture, breed, train, or lease any
5		animal which he or she knows or should know is intended for use
6		in any show, exhibition, program, or other activity featuring
7		or otherwise involving a fight between such animal and any
8		other animal or human, or the intentional killing of any animal
9		for the purpose of sport, wagering, or entertainment.
10		(b) No person shall promote, conduct, carry on, advertise,
11		collect money for or in any other manner assist or aid in the
12		presentation for purposes of sport, wagering, or
13		entertainment, any show, exhibition, program, or other
14		activity involving a fight between 2 or more animals or any
15		animal and human, or the intentional killing of any animal.
16		(c) No person shall sell or offer for sale, ship,
17		transport, or otherwise move, or deliver or receive any animal
18		which he or she knows or should know has been captured, bred,
19		or trained, or will be used, to fight another animal or human
20		or be intentionally killed, for the purpose of sport, wagering,
21		or entertainment.
22		(d) No person shall manufacture for sale, shipment,
23		transportation or delivery any device or equipment which that
24		person knows or should know is intended for use in any show,
25		exhibition, program, or other activity featuring or otherwise
26		involving a fight between 2 or more animals, or any human and

SB3733 Engrossed - 1438 - LRB096 19592 AMC 34984 b
1		animal, or the intentional killing of any animal for purposes
2		of sport, wagering or entertainment.
3		(e) No person shall own, possess, sell or offer for sale,
4		ship, transport, or otherwise move any equipment or device
5		which such person knows or should know is intended for use in
6		connection with any show, exhibition, program, or activity
7		featuring or otherwise involving a fight between 2 or more
8		animals, or any animal and human, or the intentional killing of
9		any animal for purposes of sport, wagering or entertainment.
10		(f) No person shall make available any site, structure, or
11		facility, whether enclosed or not, which he or she knows or
12		should know is intended to be used for the purpose of
13		conducting any show, exhibition, program, or other activity
14		involving a fight between 2 or more animals, or any animal and
15		human, or the intentional killing of any animal.
16		(g) No person shall knowingly attend or otherwise patronize
17		any show, exhibition, program, or other activity featuring or
18		otherwise involving a fight between 2 or more animals, or any
19		animal and human, or the intentional killing of any animal for
20		the purposes of sport, wagering or entertainment.
21		(h) (Blank).
22		(i) Any animals or equipment involved in a violation of
23		this Section shall be immediately seized and impounded under
24		Section 12 by the Department when located at any show,
25		exhibition, program, or other activity featuring or otherwise
26		involving an animal fight for the purposes of sport, wagering,

SB3733 Engrossed - 1439 - LRB096 19592 AMC 34984 b
1		or entertainment.
2		(j) Any vehicle or conveyance other than a common carrier
3		that is used in violation of this Section shall be seized,
4		held, and offered for sale at public auction by the sheriff's
5		department of the proper jurisdiction, and the proceeds from
6		the sale shall be remitted to the general fund of the county
7		where the violation took place.
8		(k) Any veterinarian in this State who is presented with an
9		animal for treatment of injuries or wounds resulting from
10		fighting where there is a reasonable possibility that the
11		animal was engaged in or utilized for a fighting event for the
12		purposes of sport, wagering, or entertainment shall file a
13		report with the Department and cooperate by furnishing the
14		owners' names, dates, and descriptions of the animal or animals
15		involved. Any veterinarian who in good faith complies with the
16		requirements of this subsection has immunity from any
17		liability, civil, criminal, or otherwise, that may result from
18		his or her actions. For the purposes of any proceedings, civil
19		or criminal, the good faith of the veterinarian shall be
20		rebuttably presumed.
21		(l) No person shall solicit a minor to violate this
22		Section.
23		(m) The penalties for violations of this Section shall be
24		as follows:
25		(1) A person convicted of violating subsection (a),
26		(b), or (c) of this Section or any rule, regulation, or

SB3733 Engrossed - 1440 - LRB096 19592 AMC 34984 b
1		order of the Department pursuant thereto is guilty of a
2		Class 4 felony for the first offense. A second or
3		subsequent offense involving the violation of subsection
4		(a), (b), or (c) of this Section or any rule, regulation,
5		or order of the Department pursuant thereto is a Class 3
6		felony.
7		(2) A person convicted of violating subsection (d),
8		(e), or (f) of this Section or any rule, regulation, or
9		order of the Department pursuant thereto is guilty of a
10		Class 4 felony for the first offense. A second or
11		subsequent violation is a Class 3 felony.
12		(3) A person convicted of violating subsection (g) of
13		this Section or any rule, regulation, or order of the
14		Department pursuant thereto is guilty of a Class 4 felony
15		for the first offense. A second or subsequent violation is
16		a Class 3 felony.
17		(4) A person convicted of violating subsection (l) of
18		this Section is guilty of a Class 4 felony for the first
19		offense. A second or subsequent violation is a Class 3
20		felony.
21		(n) A person who commits a felony violation of this Section
22		is subject to the property forfeiture provisions set forth in
23		Article 124B of the Code of Criminal Procedure of 1963.
24		(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07;
25		96-226, eff. 8-11-09; 96-712, eff. 1-1-10; revised 10-1-09.)

SB3733 Engrossed - 1441 - LRB096 19592 AMC 34984 b
1		Section 570. The Humane Euthanasia in Animal Shelters Act
2		is amended by changing Section 155 as follows:
3		(510 ILCS 72/155)
4		Sec. 155. Administrative Review Law Review. All final
5		administrative decisions of the Department are subject to
6		judicial review pursuant to the provisions of the
7		Administrative Review Law, as now or hereafter amended, and all
8		rules adopted pursuant to that Law. The term "administrative
9		decision" is defined as in Section 3-101 of the Code of Civil
10		Procedure.
11		Proceedings for judicial review shall be commenced in the
12		circuit court of the county in which the party applying for
13		relief resides, but if the party is not a resident of this
14		State, the venue shall be Sangamon County.
15		(Source: P.A. 92-449, eff. 1-1-02; revised 11-4-09.)
16		Section 575. The Illinois Vehicle Code is amended by
17		changing Sections 3-104, 3-412, 3-414, 3-806, 3-808.1, 3-821,
18		6-103, 6-106.1, 6-303, 11-208.3, 11-605.2, 11-1301.2,
19		11-1301.3, 12-503, 12-610.2, 12-821, 15-102, and 15-113 and by
20		setting forth and renumbering multiple versions of Sections
21		3-684 and 3-806.7 as follows:
22		(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
23		Sec. 3-104. Application for certificate of title.

SB3733 Engrossed - 1442 - LRB096 19592 AMC 34984 b
1		(a) The application for a certificate of title for a
2		vehicle in this State must be made by the owner to the
3		Secretary of State on the form prescribed and must contain:
4		1. The name, Illinois residence and mail address of the
5		owner;
6		2. A description of the vehicle including, so far as
7		the following data exists: Its make, year-model,
8		identifying number, type of body, whether new or used, as
9		to house trailers as defined in Section 1-128 of this Code,
10		the square footage of the house trailer based upon the
11		outside dimensions of the house trailer excluding the
12		length of the tongue and hitch, and, as to vehicles of the
13		second division, whether for-hire, not-for-hire, or both
14		for-hire and not-for-hire;
15		3. The date of purchase by applicant and, if
16		applicable, the name and address of the person from whom
17		the vehicle was acquired and the names and addresses of any
18		lienholders in the order of their priority and signatures
19		of owners;
20		4. The current odometer reading at the time of transfer
21		and that the stated odometer reading is one of the
22		following: actual mileage, not the actual mileage or
23		mileage is in excess of its mechanical limits; and
24		5. Any further information the Secretary of State
25		reasonably requires to identify the vehicle and to enable
26		him to determine whether the owner is entitled to a

SB3733 Engrossed - 1443 - LRB096 19592 AMC 34984 b
1		certificate of title and the existence or nonexistence of
2		security interests in the vehicle.
3		(a-5) The Secretary of State shall designate on the
4		prescribed application form a space where the owner of a
5		vehicle may designate a beneficiary, to whom ownership of the
6		vehicle shall pass in the event of the owner's death.
7		(b) If the application refers to a vehicle purchased from a
8		dealer, it must also be signed by the dealer as well as the
9		owner, and the dealer must promptly mail or deliver the
10		application and required documents to the Secretary of State.
11		(c) If the application refers to a vehicle last previously
12		registered in another State or country, the application must
13		contain or be accompanied by:
14		1. Any certified document of ownership so recognized
15		and issued by the other State or country and acceptable to
16		the Secretary of State, and
17		2. Any other information and documents the Secretary of
18		State reasonably requires to establish the ownership of the
19		vehicle and the existence or nonexistence of security
20		interests in it.
21		(d) If the application refers to a new vehicle it must be
22		accompanied by the Manufacturer's Statement of Origin, or other
23		documents as required and acceptable by the Secretary of State,
24		with such assignments as may be necessary to show title in the
25		applicant.
26		(e) If an application refers to a vehicle rebuilt from a

SB3733 Engrossed - 1444 - LRB096 19592 AMC 34984 b
1		vehicle previously salvaged, that application shall comply
2		with the provisions set forth in Sections 3-302 through 3-304
3		of this Code.
4		(f) An application for a certificate of title for any
5		vehicle, whether purchased in Illinois or outside Illinois, and
6		even if previously registered in another State, must be
7		accompanied by either an exemption determination from the
8		Department of Revenue showing that no tax imposed pursuant to
9		the Use Tax Act or the vehicle use tax imposed by Section
10		3-1001 of the Illinois Vehicle Code is owed by anyone with
11		respect to that vehicle, or a receipt from the Department of
12		Revenue showing that any tax so imposed has been paid. An
13		application for a certificate of title for any vehicle
14		purchased outside Illinois, even if previously registered in
15		another state, must be accompanied by either an exemption
16		determination from the Department of Revenue showing that no
17		tax imposed pursuant to the Municipal Use Tax Act or the County
18		Use Tax Act is owed by anyone with respect to that vehicle, or
19		a receipt from the Department of Revenue showing that any tax
20		so imposed has been paid. In the absence of such a receipt for
21		payment or determination of exemption from the Department, no
22		certificate of title shall be issued to the applicant.
23		If the proof of payment of the tax or of nonliability
24		therefor is, after the issuance of the certificate of title and
25		display certificate of title, found to be invalid, the
26		Secretary of State shall revoke the certificate and require

SB3733 Engrossed - 1445 - LRB096 19592 AMC 34984 b
1		that the certificate of title and, when applicable, the display
2		certificate of title be returned to him.
3		(g) If the application refers to a vehicle not manufactured
4		in accordance with federal safety and emission standards, the
5		application must be accompanied by all documents required by
6		federal governmental agencies to meet their standards before a
7		vehicle is allowed to be issued title and registration.
8		(h) If the application refers to a vehicle sold at public
9		sale by a sheriff, it must be accompanied by the required fee
10		and a bill of sale issued and signed by a sheriff. The bill of
11		sale must identify the new owner's name and address, the year
12		model, make and vehicle identification number of the vehicle,
13		court order document number authorizing such sale, if
14		applicable, and the name and address of any lienholders in
15		order of priority, if applicable.
16		(i) If the application refers to a vehicle for which a
17		court of law determined the ownership, it must be accompanied
18		with a certified copy of such court order and the required fee.
19		The court order must indicate the new owner's name and address,
20		the complete description of the vehicle, if known, the name and
21		address of the lienholder, if any, and must be signed and dated
22		by the judge issuing such order.
23		(j) If the application refers to a vehicle sold at public
24		auction pursuant to the Labor and Storage Lien (Small Amount)
25		Act, it must be accompanied by an affidavit or affirmation
26		furnished by the Secretary of State along with the documents

SB3733 Engrossed - 1446 - LRB096 19592 AMC 34984 b
1		described in the affidavit or affirmation and the required fee.
2		(k) The Secretary may provide an expedited process for the
3		issuance of vehicle titles. Expedited title applications must
4		be delivered to the Secretary of State's Vehicle Services
5		Department in Springfield by express mail service or hand
6		delivery. Applications must be complete, including necessary
7		forms, fees, and taxes. Applications received before noon on a
8		business day will be processed and shipped that same day.
9		Applications received after noon on a business day will be
10		processed and shipped the next business day. The Secretary
11		shall charge an additional fee of $30 for this service, and
12		that fee shall cover the cost of return shipping via an express
13		mail service. All fees collected by the Secretary of State for
14		expedited services shall be deposited into the Motor Vehicle
15		License Plate Fund. In the event the Vehicle Services
16		Department determines that the volume of expedited title
17		requests received on a given day exceeds the ability of the
18		Vehicle Services Department to process those requests in an
19		expedited manner, the Vehicle Services Department may decline
20		to provide expedited services, and the additional fee for the
21		expedited service shall be refunded to the applicant.
22		(l) (k) If the application refers to a homemade trailer,
23		(i) it must be accompanied by the appropriate documentation
24		regarding the source of materials used in the construction of
25		the trailer, as required by the Secretary of State, (ii) the
26		trailer must be inspected by a Secretary of State investigator,

SB3733 Engrossed - 1447 - LRB096 19592 AMC 34984 b
1		as described in Section 2-115 of this Code, prior to the
2		issuance of the title, and (iii) upon approval of the Secretary
3		of State, the trailer must have a vehicle identification
4		number, as provided by the Secretary of State, stamped or
5		riveted to the frame.
6		(Source: P.A. 95-784, eff. 1-1-09; 96-519, eff. 1-1-10; 96-554,
7		eff. 1-1-10; revised 9-15-09.)
8		(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
9		Sec. 3-412. Registration plates and registration stickers
10		to be furnished by the Secretary of State.
11		(a) The Secretary of State upon registering a vehicle
12		subject to annual registration for the first time shall issue
13		or shall cause to be issued to the owner one registration plate
14		for a motorcycle, trailer, semitrailer, moped or
15		truck-tractor, 2 registration plates for other motor vehicles
16		and, where applicable, current registration stickers for motor
17		vehicles of the first division. The provisions of this Section
18		may be made applicable to such vehicles of the second division,
19		as the Secretary of State may, from time to time, in his
20		discretion designate. On subsequent annual registrations
21		during the term of the registration plate as provided in
22		Section 3-414.1, the Secretary shall issue or cause to be
23		issued registration stickers as evidence of current
24		registration. However, the issuance of annual registration
25		stickers to vehicles registered under the provisions of

SB3733 Engrossed - 1448 - LRB096 19592 AMC 34984 b
1		Sections 3-402.1 and 3-405.3 of this Code may not be required
2		if the Secretary deems the issuance unnecessary.
3		(b) Every registration plate shall have displayed upon it
4		the registration number assigned to the vehicle for which it is
5		issued, the name of this State, which may be abbreviated, the
6		year number for which it was issued, which may be abbreviated,
7		the phrase "Land of Lincoln" (except as otherwise provided in
8		this Code), and such other letters or numbers as the Secretary
9		may prescribe. However, for apportionment plates issued to
10		vehicles registered under Section 3-402.1 and fleet plates
11		issued to vehicles registered under Section 3-405.3, the phrase
12		"Land of Lincoln" may be omitted to allow for the word
13		"apportioned", the word "fleet", or other similar language to
14		be displayed. Registration plates issued to a vehicle
15		registered as a fleet vehicle may display a designation
16		determined by the Secretary.
17		The Secretary may in his discretion prescribe that letters
18		be used as prefixes only on registration plates issued to
19		vehicles of the first division which are registered under this
20		Code and only as suffixes on registration plates issued to
21		other vehicles. Every registration sticker issued as evidence
22		of current registration shall designate the year number for
23		which it is issued and such other letters or numbers as the
24		Secretary may prescribe and shall be of a contrasting color
25		with the registration plates and registration stickers of the
26		previous year.

SB3733 Engrossed - 1449 - LRB096 19592 AMC 34984 b
1		(c) Each registration plate and the required letters and
2		numerals thereon, except the year number for which issued,
3		shall be of sufficient size to be plainly readable from a
4		distance of 100 feet during daylight, and shall be coated with
5		reflectorizing material. The dimensions of the plate issued to
6		vehicles of the first division shall be 6 by 12 inches.
7		(d) The Secretary of State shall issue for every passenger
8		motor vehicle rented without a driver the same type of
9		registration plates as the type of plates issued for a private
10		passenger vehicle.
11		(e) The Secretary of State shall issue for every passenger
12		car used as a taxicab or livery, distinctive registration
13		plates.
14		(f) The Secretary of State shall issue for every motorcycle
15		distinctive registration plates distinguishing between
16		motorcycles having 150 or more cubic centimeters piston
17		displacement, or having less than 150 cubic centimeter piston
18		displacement.
19		(g) Registration plates issued to vehicles for-hire may
20		display a designation as determined by the Secretary that such
21		vehicles are for-hire.
22		(h) (Blank).
23		(i) The Secretary of State shall issue for every public and
24		private ambulance registration plates identifying the vehicle
25		as an ambulance. The Secretary shall forward to the Department
26		of Healthcare and Family Services registration information for

SB3733 Engrossed - 1450 - LRB096 19592 AMC 34984 b
1		the purpose of verification of claims filed with the Department
2		by ambulance owners for payment for services to public
3		assistance recipients.
4		(j) The Secretary of State shall issue for every public and
5		private medical carrier or rescue vehicle livery registration
6		plates displaying numbers within ranges of numbers reserved
7		respectively for medical carriers and rescue vehicles. The
8		Secretary shall forward to the Department of Healthcare and
9		Family Services registration information for the purpose of
10		verification of claims filed with the Department by owners of
11		medical carriers or rescue vehicles for payment for services to
12		public assistance recipients.
13		(k) The Secretary of State shall issue distinctive license
14		plates or distinctive license plate stickers for every vehicle
15		exempted from subsections (a) and (a-5) of Section 12-503 by
16		subsection (g) of that Section, and by subsection (g-5) of that
17		Section before its deletion by this amendatory Act of the 95th
18		General Assembly. The Secretary shall issue these plates or
19		stickers immediately upon receiving the physician's
20		certification required under subsection (g) of Section 12-503.
21		New plates or stickers shall also be issued when the
22		certification is renewed as provided in that subsection.
23		(l) The Secretary of State shall issue distinctive
24		registration plates for low-speed vehicles.
25		(Source: P.A. 95-202, eff. 8-16-07; 95-331, eff. 8-21-07;
26		96-554, eff. 1-1-10; 96-653, eff. 1-1-10; 96-815, eff.

SB3733 Engrossed - 1451 - LRB096 19592 AMC 34984 b
1		10-30-09; revised 11-4-09.)
2		(625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
3		Sec. 3-414. Expiration of registration.
4		(a) Every vehicle registration under this Chapter and every
5		registration card and registration plate or registration
6		sticker issued hereunder to a vehicle shall be for the periods
7		specified in this Chapter and shall expire at midnight on the
8		day and date specified in this Section as follows:
9		1. When registered on a calendar year basis commencing
10		January 1, expiration shall be on the 31st day of December
11		or at such other date as may be selected in the discretion
12		of the Secretary of State; however, through December 31,
13		2004, registrations of apportionable vehicles,
14		motorcycles, motor driven cycles and pedalcycles shall
15		commence on the first day of April and shall expire March
16		31st of the following calendar year;
17		1.1. Beginning January 1, 2005, registrations of
18		motorcycles and motor driven cycles shall commence on
19		January 1 and shall expire on December 31 or on another
20		date that may be selected by the Secretary; registrations
21		of apportionable vehicles and pedalcycles, however, shall
22		commence on the first day of April and shall expire March
23		31 of the following calendar year;
24		2. When registered on a 2 calendar year basis
25		commencing January 1 of an even-numbered year, expiration

SB3733 Engrossed - 1452 - LRB096 19592 AMC 34984 b
1		shall be on the 31st day of December of the ensuing
2		odd-numbered year, or at such other later date as may be
3		selected in the discretion of the Secretary of State not
4		beyond March 1 next;
5		3. When registered on a fiscal year basis commencing
6		July 1, expiration shall be on the 30th day of June or at
7		such other later date as may be selected in the discretion
8		of the Secretary of State not beyond September 1 next;
9		4. When registered on a 2 fiscal year basis commencing
10		July 1 of an even-numbered year, expiration shall be on the
11		30th day of June of the ensuing even-numbered year, or at
12		such other later date as may be selected in the discretion
13		of the Secretary of State not beyond September 1 next;
14		5. When registered on a 4 fiscal year basis commencing
15		July 1 of an even-numbered year, expiration shall be on the
16		30th day of June of the second ensuing even-numbered year,
17		or at such other later date as may be selected in the
18		discretion of the Secretary of State not beyond September 1
19		next;
20		(b) Vehicle registrations of vehicles of the first division
21		shall be for a calendar year, 2 calendar year, or 3 calendar
22		year basis as provided for in this Chapter.
23		Vehicle registrations of vehicles under Sections 3-807,
24		3-808 and 3-809 shall be on an indefinite term basis or a 2
25		calendar year basis as provided for in this Chapter.
26		Vehicle registrations for vehicles of the second division

SB3733 Engrossed - 1453 - LRB096 19592 AMC 34984 b
1		shall be for a fiscal year, 2 fiscal year or calendar year
2		basis as provided for in this Chapter.
3		Motor vehicles registered under the provisions of Section
4		3-402.1 shall be issued multi-year registration plates with a
5		new registration card issued annually upon payment of the
6		appropriate fees. Motor vehicles registered under the
7		provisions of Section 3-405.3 shall be issued multi-year
8		mutli-year registration plates with a new multi-year
9		registration card issued pursuant to subsections (j) and (k) of
10		this Section upon payment of the appropriate fees.
11		Apportionable trailers and apportionable semitrailers
12		registered under the provisions of Section 3-402.1 shall be
13		issued multi-year registration plates and cards that will be
14		subject to revocation for failure to pay annual fees required
15		by Section 3-814.1. The Secretary shall determine when these
16		vehicles shall be issued new registration plates.
17		(c) Every vehicle registration specified in Section 3-810
18		and every registration card and registration plate or
19		registration sticker issued thereunder shall expire on the 31st
20		day of December of each year or at such other date as may be
21		selected in the discretion of the Secretary of State.
22		(d) Every vehicle registration for a vehicle of the second
23		division weighing over 8,000 pounds, except as provided in
24		paragraph (g) of this Section, and every registration card and
25		registration plate or registration sticker, where applicable,
26		issued hereunder to such vehicles shall be issued for a fiscal

SB3733 Engrossed - 1454 - LRB096 19592 AMC 34984 b
1		year commencing on July 1st of each registration year. However,
2		the Secretary of State may, pursuant to an agreement or
3		arrangement or declaration providing for apportionment of a
4		fleet of vehicles with other jurisdictions, provide for
5		registration of such vehicles under apportionment or for all of
6		the vehicles registered in Illinois by an applicant who
7		registers some of his vehicles under apportionment on a
8		calendar year basis instead, and the fees or taxes to be paid
9		on a calendar year basis shall be identical to those specified
10		in this Act for a fiscal year registration. Provision for
11		installment payment may also be made.
12		(e) Semitrailer registrations under apportionment may be
13		on a calendar year under a reciprocal agreement or arrangement
14		and all other semitrailer registrations shall be on fiscal year
15		or 2 fiscal year or 4 fiscal year basis as provided for in this
16		Chapter.
17		(f) The Secretary of State may convert annual registration
18		plates or 2-year registration plates, whether registered on a
19		calendar year or fiscal year basis, to multi-year plates. The
20		determination of which plate categories and when to convert to
21		multi-year plates is solely within the discretion of the
22		Secretary of State.
23		(g) After January 1, 1975, each registration, registration
24		card and registration plate or registration sticker, where
25		applicable, issued for a recreational vehicle or recreational
26		or camping trailer, except a house trailer, used exclusively by

SB3733 Engrossed - 1455 - LRB096 19592 AMC 34984 b
1		the owner for recreational purposes, and not used commercially
2		nor as a truck or bus, nor for hire, shall be on a calendar year
3		basis; except that the Secretary of State shall provide for
4		registration and the issuance of registration cards and plates
5		or registration stickers, where applicable, for one 6-month
6		period in order to accomplish an orderly transition from a
7		fiscal year to a calendar year basis. Fees and taxes due under
8		this Act for a registration year shall be appropriately reduced
9		for such 6-month transitional registration period.
10		(h) The Secretary of State may, in order to accomplish an
11		orderly transition for vehicles registered under Section
12		3-402.1 of this Code from a calendar year registration to a
13		March 31st expiration, require applicants to pay fees and taxes
14		due under this Code on a 15 month registration basis. However,
15		if in the discretion of the Secretary of State this creates an
16		undue hardship on any applicant the Secretary may allow the
17		applicant to pay 3 month fees and taxes at the time of
18		registration and the additional 12 month fees and taxes to be
19		payable no later than March 31 of the year after this
20		amendatory Act of 1991 takes effect.
21		(i) The Secretary of State may stagger registrations, or
22		change the annual expiration date, as necessary for the
23		convenience of the public and the efficiency of his Office. In
24		order to appropriately and effectively accomplish any such
25		staggering, the Secretary of State is authorized to prorate all
26		required registration fees, rounded to the nearest dollar, but

SB3733 Engrossed - 1456 - LRB096 19592 AMC 34984 b
1		in no event for a period longer than 18 months, at a monthly
2		rate for a 12 month registration fee.
3		(j) The Secretary of State may enter into an agreement with
4		a rental owner, as defined in Section 3-400 of this Code, who
5		registers a fleet of motor vehicles of the first division
6		pursuant to Section 3-405.3 of this Code to provide for the
7		registration of the rental owner's vehicles on a 2 or 3
8		calendar year basis and the issuance of multi-year registration
9		plates with a new registration card issued up to every 3 years.
10		(k) The Secretary of State may provide multi-year
11		registration cards for any registered fleet of motor vehicles
12		of the first or second division that are registered pursuant to
13		Section 3-405.3 of this Code. Each motor vehicle of the
14		registered fleet must carry an unique multi-year registration
15		card that displays the vehicle identification number of the
16		registered motor vehicle. The Secretary of State shall
17		promulgate rules in order to implement multi-year
18		registrations.
19		(Source: P.A. 95-287, eff. 1-1-08; 96-747, eff. 1-1-10; revised
20		11-4-09.)
21		(625 ILCS 5/3-684)
22		Sec. 3-684. Illinois EMS Memorial Scholarship and Training
23		license plate.
24		(a) The Secretary, upon receipt of an application made in
25		the form prescribed by the Secretary of State, may issue

SB3733 Engrossed - 1457 - LRB096 19592 AMC 34984 b
1		special registration plates designated to be Illinois EMS
2		Memorial Scholarship and Training license plates. The special
3		plates issued under this Section shall be affixed only to
4		passenger vehicles of the first division, motor vehicles of the
5		second division weighing not more than 8,000 pounds,
6		recreational vehicles as defined in Section 1-169 of this Code,
7		and subject to the staggered registration system. Plates issued
8		under this Section shall expire according to the multi-year
9		procedure established by Section 3-414.1 of this Code.
10		(b) The design and color of the plates shall be wholly
11		within the discretion of the Secretary of State. The Secretary
12		of State may, in his or her discretion, allow the plates to be
13		issued as vanity plates or personalized in accordance with
14		Section 3-405.1 of this Code. The plates are not required to
15		designate "Land of Lincoln", as prescribed in subsection (b) of
16		Section 3-412 of this Code. The Secretary of State shall
17		prescribe stickers or decals as provided under Section 3-412.
18		(c) An applicant shall be charged a $27 fee for original
19		issuance in addition to the applicable registration fee. Of
20		this additional fee, $15 shall be deposited into the Secretary
21		of State Special License Plate Fund and $12 shall be deposited
22		into the Illinois EMS Memorial Scholarship and Training Fund.
23		For each registration renewal period, a $17 fee, in addition to
24		the appropriate registration fee, shall be charged. Of this
25		fee, $2 shall be deposited into the Secretary of State Special
26		License Plate Fund and $15 shall be deposited into the Illinois

SB3733 Engrossed - 1458 - LRB096 19592 AMC 34984 b
1		EMS Memorial Scholarship and Training Fund.
2		(d) The Illinois EMS Memorial Scholarship and Training Fund
3		is created as a special fund in the State treasury. All money
4		in the Illinois EMS Memorial Scholarship and Training Fund
5		shall, subject to appropriation by the General Assembly and
6		approval by the Secretary of State, as grants to the EMS
7		Memorial Scholarship and Training Council, a not-for-profit
8		corporation, for the purposes (i) of providing scholarships for
9		graduate study, undergraduate study, or both, to children and
10		spouses of emergency medical services (EMS) personnel killed in
11		the course of their employment, and (ii) for grants for the
12		training of EMS personnel.
13		(Source: P.A. 96-591, eff. 8-18-09.)
14		(625 ILCS 5/3-686)
15		Sec. 3-686 3-684. Distinguished Flying Cross license
16		plates.
17		(a) In addition to any other special license plate, the
18		Secretary, upon receipt of all applicable fees and applications
19		made in the form prescribed by the Secretary of State, may
20		issue Distinguished Flying Cross license plates to residents of
21		Illinois who have been awarded the Distinguished Flying Cross
22		medal by the United States Armed Forces. The special
23		Distinguished Flying Cross plates issued under this Section
24		shall be affixed only to passenger vehicles of the first
25		division, motorcycles, and motor vehicles of the second

SB3733 Engrossed - 1459 - LRB096 19592 AMC 34984 b
1		division weighing not more than 8,000 pounds. Plates issued
2		under this Section shall expire according to the staggered
3		multi-year procedure established by Section 3-414.1 of this
4		Code.
5		(b) The design, color, and format of the plates shall be
6		wholly within the discretion of the Secretary of State. The
7		Secretary may, in his or her discretion, allow the plates to be
8		issued as vanity plates or personalized in accordance with
9		Section 3-405.1 of this Code. The plates are not required to
10		designate "Land Of Lincoln", as prescribed in subsection (b) of
11		Section 3-412 of this Code. The Secretary shall, in his or her
12		discretion, approve and prescribe stickers or decals as
13		provided under Section 3-412.
14		(c) An applicant shall be charged a $15 fee for original
15		issuance in addition to the applicable registration fee. This
16		additional fee shall be deposited into the Secretary of State
17		Special License Plate Fund.
18		(Source: P.A. 96-655, eff. 1-1-10; revised 10-19-09.)
19		(625 ILCS 5/3-687)
20		Sec. 3-687 3-684. International Brotherhood of Teamsters
21		license plate.
22		(a) The Secretary, upon receipt of all applicable fees and
23		applications made in the form prescribed by the Secretary, may
24		issue special registration plates designated as International
25		Brotherhood of Teamsters license plates. The special plates

SB3733 Engrossed - 1460 - LRB096 19592 AMC 34984 b
1		issued under this Section shall be affixed only to passenger
2		vehicles of the first division, motor vehicles of the second
3		division weighing not more than 8,000 pounds and recreational
4		vehicles as defined by Section 1-169 of this Code. Plates
5		issued under this Section shall expire according to the
6		multi-year procedure established by Section 3-414.1 of this
7		Code.
8		(b) The design and color of the plates is wholly within the
9		discretion of the Secretary of State. Appropriate
10		documentation, as determined by the Secretary, shall accompany
11		the application. The Secretary, in his or her discretion, may
12		allow the plates to be issued as vanity or personalized plates
13		under Section 3-405.1 of this Code. The Secretary shall
14		prescribe stickers or decals as provided under Section 3-412 of
15		this Code.
16		(c) An applicant for the special plate shall be charged a
17		$40 fee for original issuance in addition to the appropriate
18		registration fee. Of this fee, $25 shall be deposited into the
19		International Brotherhood of Teamsters Fund and $15 shall be
20		deposited into the Secretary of State Special License Plate
21		Fund, to be used by the Secretary to help defray the
22		administrative processing costs.
23		For each registration renewal period, a $27 fee, in
24		addition to the appropriate registration fee, shall be charged.
25		Of this fee, $25 shall be deposited into the International
26		Brotherhood of Teamsters Fund and $2 shall be deposited into

SB3733 Engrossed - 1461 - LRB096 19592 AMC 34984 b
1		the Secretary of State Special License Plate Fund.
2		(d) The International Brotherhood of Teamsters Fund is
3		created as a special fund in the State treasury. All money in
4		the International Brotherhood of Teamsters Fund shall be paid,
5		subject to appropriation by the General Assembly and approval
6		by the Secretary of State, as grants to the Teamsters Joint
7		Council 25 Charitable Trust, an independent organization
8		established and registered as a tax exempt entity under Section
9		501(c)(3) of the Internal Revenue Code, for religious,
10		charitable, scientific, literary, and educational purposes.
11		(Source: P.A. 96-687, eff. 1-1-10; revised 10-19-09.)
12		(625 ILCS 5/3-688)
13		Sec. 3-688 3-684. Operation Iraqi Freedom License Plates.
14		(a) In addition to any other special license plate, the
15		Secretary, upon receipt of all applicable fees and applications
16		made in the form prescribed by the Secretary of State, may
17		issue Operation Iraqi Freedom license plates to residents of
18		Illinois who meet eligibility requirements prescribed by the
19		Secretary of State. The special Operation Iraqi Freedom plate
20		issued under this Section shall be affixed only to passenger
21		vehicles of the first division, motorcycles, and motor vehicles
22		of the second division weighing not more than 8,000 pounds.
23		Plates issued under this Section shall expire according to the
24		staggered multi-year procedure established by Section 3-414.1
25		of this Code.

SB3733 Engrossed - 1462 - LRB096 19592 AMC 34984 b
1		(b) The design, color, and format of the plates shall be
2		wholly within the discretion of the Secretary of State. The
3		Secretary may, in his or her discretion, allow the plates to be
4		issued as vanity plates or personalized in accordance with
5		Section 3-405.1 of this Code. The plates are not required to
6		designate "Land Of Lincoln", as prescribed in subsection (b) of
7		Section 3-412 of this Code. The Secretary shall prescribe the
8		eligibility requirements and, in his or her discretion, shall
9		approve and prescribe stickers or decals as provided under
10		Section 3-412.
11		(c) An applicant shall be charged a $15 fee for original
12		issuance in addition to the applicable registration fee. This
13		additional fee shall be deposited into the Secretary of State
14		Special License Plate Fund.
15		(Source: P.A. 96-747, eff. 1-1-10; revised 10-19-09.)
16		(625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806)
17		Sec. 3-806. Registration Fees; Motor Vehicles of the First
18		Division. Every owner of any other motor vehicle of the first
19		division, except as provided in Sections 3-804, 3-805, 3-806.3,
20		3-806.7, and 3-808, and every second division vehicle weighing
21		8,000 pounds or less, shall pay the Secretary of State an
22		annual registration fee at the following rates:
23 SCHEDULE OF REGISTRATION FEES 24 REQUIRED BY LAW

SB3733 Engrossed - 1463 - LRB096 19592 AMC 34984 b
1 Beginning with the 2010 registration year 2 Annual 3 Fee 4 Motor vehicles of the first 5 division other than 6 Motorcycles, Motor Driven 7 Cycles and Pedalcycles $98 8 Motorcycles, Motor Driven 9 Cycles and Pedalcycles 38
10		Beginning with the 2010 registration year a $1 surcharge
11		shall be collected in addition to the above fees for motor
12		vehicles of the first division, motorcycles, motor driven
13		cycles, and pedalcycles to be deposited into the State Police
14		Vehicle Fund.
15		All of the proceeds of the additional fees imposed by
16		Public Act 96-34 this amendatory Act of the 96th General
17		Assembly shall be deposited into the Capital Projects Fund.
18		(Source: P.A. 95-1009, eff. 12-15-08; 96-34, eff. 7-13-09;
19		96-747, eff. 1-1-10; revised 10-1-09.)
20		(625 ILCS 5/3-806.7)
21		Sec. 3-806.7. Registration fees for active duty military
22		personnel.
23		(a) Beginning with the 2011 registration year, the standard
24		registration fee set forth in Section 3-806 of this Code for
25		passenger motor vehicles of the first division and motor

SB3733 Engrossed - 1464 - LRB096 19592 AMC 34984 b
1		vehicles of the second division weighing not more than 8,000
2		pounds and registered under Section 3-815 of this Code, shall
3		be reduced by 50% for any Illinois vehicle owner who was on
4		active duty as a member of the Armed Forces of the United
5		States and stationed outside of the United States for a period
6		of 90 days or longer during the preceding registration year.
7		(b) Illinois residents who are members of the Armed Forces
8		of the United States and who have been stationed outside of the
9		United States for a period of 6 months or longer, and who
10		placed their registered motor vehicle in storage during the
11		time they served abroad, shall be entitled to credit for the
12		unused portion of that registration when they renew the
13		registration of that vehicle upon their return to the United
14		States. For each month or part thereof that the vehicle was in
15		storage and had current registration, the member of the armed
16		forces shall receive one month of registration without charge.
17		(Source: P.A. 96-747, eff. 1-1-10.)
18		(625 ILCS 5/3-806.8)
19		Sec. 3-806.8 3-806.7. Graduated registration fee; study.
20		The Secretary of State, in cooperation with the Department of
21		Revenue, shall complete a feasibility study for the
22		implementation and enforcement of a graduated registration fee
23		based on the manufacturer's suggested retail price of motor
24		vehicles of the first division, and second division vehicles
25		weighing 8,000 pounds or less. This study shall include, but

SB3733 Engrossed - 1465 - LRB096 19592 AMC 34984 b
1		shall not be limited to the costs associated with design and
2		maintenance of all systems and database applications required;
3		suggested fee structures to create a revenue neutral graduated
4		registration fee system; and consideration of annual
5		depreciation of vehicles, reflective of fair market value.
6		The findings of this feasibility study shall be delivered
7		to the Senate President, Speaker of the House of
8		Representatives, Minority Leader of the Senate, and the
9		Minority Leader of the House of Representatives no later than
10		January 31, 2010.
11		(Source: P.A. 96-34, eff. 7-13-09; revised 10-1-09.)
12		(625 ILCS 5/3-808.1) (from Ch. 95 1/2, par. 3-808.1)
13		Sec. 3-808.1. (a) Permanent vehicle registration plates
14		shall be issued, at no charge, to the following:
15		1. Vehicles, other than medical transport vehicles,
16		owned and operated by the State of Illinois or by any State
17		agency financed by funds appropriated by the General
18		Assembly;
19		2. Special disability plates issued to vehicles owned
20		and operated by the State of Illinois or by any State
21		agency financed by funds appropriated by the General
22		Assembly.
23		(b) Permanent vehicle registration plates shall be issued,
24		for a one time fee of $8.00, to the following:
25		1. Vehicles, other than medical transport vehicles,

SB3733 Engrossed - 1466 - LRB096 19592 AMC 34984 b
1		operated by or for any county, township or municipal
2		corporation. ;
3		2. Vehicles owned by counties, townships or municipal
4		corporations for persons with disabilities.
5		3. Beginning with the 1991 registration year,
6		county-owned vehicles operated by or for any county sheriff
7		and designated deputy sheriffs. These registration plates
8		shall contain the specific county code and unit number.
9		4. All-terrain vehicles owned by counties, townships,
10		or municipal corporations and used for law enforcement
11		purposes when the Manufacturer's Statement of Origin is
12		accompanied with a letter from the original manufacturer or
13		a manufacturer's franchised dealer stating that this
14		all-terrain vehicle has been converted to a street worthy
15		vehicle that meets the equipment requirements set forth in
16		Chapter 12 of this Code.
17		5. Beginning with the 2001 registration year,
18		municipally-owned vehicles operated by or for any police
19		department. These registration plates shall contain the
20		designation "municipal police" and shall be numbered and
21		distributed as prescribed by the Secretary of State.
22		(Source: P.A. 94-619, eff. 1-1-06; revised 11-4-09.)
23		(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
24		Sec. 3-821. Miscellaneous Registration and Title Fees.
25		(a) The fee to be paid to the Secretary of State for the

SB3733 Engrossed - 1467 - LRB096 19592 AMC 34984 b
1		following certificates, registrations or evidences of proper
2		registration, or for corrected or duplicate documents shall be
3		in accordance with the following schedule:
4 Certificate of Title, except for an all-terrain 5 vehicle or off-highway motorcycle $95 6 Certificate of Title for an all-terrain vehicle 7 or off-highway motorcycle $30 8 Certificate of Title for an all-terrain vehicle 9 or off-highway motorcycle used for production 10 agriculture, or accepted by a dealer in trade 13 11 Certificate of Title for a low-speed vehicle 30 12 Transfer of Registration or any evidence of 13 proper registration $25 14 Duplicate Registration Card for plates or other 15 evidence of proper registration 3 16 Duplicate Registration Sticker or Stickers, each 20 17 Duplicate Certificate of Title 95 18 Corrected Registration Card or Card for other 19 evidence of proper registration 3 20 Corrected Certificate of Title 95 21 Salvage Certificate 4 22 Fleet Reciprocity Permit 15 23 Prorate Decal 1 24 Prorate Backing Plate 3 25 Special Corrected Certificate of Title 15

SB3733 Engrossed - 1468 - LRB096 19592 AMC 34984 b
1 Expedited Title Service (to be charged in addition 2 to other applicable fees) 30
3		A special corrected certificate of title shall be issued
4		(i) to remove a co-owner's name due to the death of the
5		co-owner or due to a divorce or (ii) to change a co-owner's
6		name due to a marriage.
7		There shall be no fee paid for a Junking Certificate.
8		(a-5) The Secretary of State may revoke a certificate of
9		title and registration card and issue a corrected certificate
10		of title and registration card, at no fee to the vehicle owner
11		or lienholder, if there is proof that the vehicle
12		identification number is erroneously shown on the original
13		certificate of title.
14		(b) The Secretary may prescribe the maximum service charge
15		to be imposed upon an applicant for renewal of a registration
16		by any person authorized by law to receive and remit or
17		transmit to the Secretary such renewal application and fees
18		therewith.
19		(c) If a check is delivered to the Office of the Secretary
20		of State as payment of any fee or tax under this Code, and such
21		check is not honored by the bank on which it is drawn for any
22		reason, the registrant or other person tendering the check
23		remains liable for the payment of such fee or tax. The
24		Secretary of State may assess a service charge of $19 in
25		addition to the fee or tax due and owing for all dishonored
26		checks.

SB3733 Engrossed - 1469 - LRB096 19592 AMC 34984 b
1		If the total amount then due and owing exceeds the sum of
2		$50 and has not been paid in full within 60 days from the date
3		such fee or tax became due to the Secretary of State, the
4		Secretary of State shall assess a penalty of 25% of such amount
5		remaining unpaid.
6		All amounts payable under this Section shall be computed to
7		the nearest dollar.
8		(d) The minimum fee and tax to be paid by any applicant for
9		apportionment of a fleet of vehicles under this Code shall be
10		$15 if the application was filed on or before the date
11		specified by the Secretary together with fees and taxes due. If
12		an application and the fees or taxes due are filed after the
13		date specified by the Secretary, the Secretary may prescribe
14		the payment of interest at the rate of 1/2 of 1% per month or
15		fraction thereof after such due date and a minimum of $8.
16		(e) Trucks, truck tractors, truck tractors with loads, and
17		motor buses, any one of which having a combined total weight in
18		excess of 12,000 lbs. shall file an application for a Fleet
19		Reciprocity Permit issued by the Secretary of State. This
20		permit shall be in the possession of any driver operating a
21		vehicle on Illinois highways. Any foreign licensed vehicle of
22		the second division operating at any time in Illinois without a
23		Fleet Reciprocity Permit or other proper Illinois
24		registration, shall subject the operator to the penalties
25		provided in Section 3-834 of this Code. For the purposes of
26		this Code, "Fleet Reciprocity Permit" means any second division

SB3733 Engrossed - 1470 - LRB096 19592 AMC 34984 b
1		motor vehicle with a foreign license and used only in
2		interstate transportation of goods. The fee for such permit
3		shall be $15 per fleet which shall include all vehicles of the
4		fleet being registered.
5		(f) For purposes of this Section, "all-terrain vehicle or
6		off-highway motorcycle used for production agriculture" means
7		any all-terrain vehicle or off-highway motorcycle used in the
8		raising of or the propagation of livestock, crops for sale for
9		human consumption, crops for livestock consumption, and
10		production seed stock grown for the propagation of feed grains
11		and the husbandry of animals or for the purpose of providing a
12		food product, including the husbandry of blood stock as a main
13		source of providing a food product. "All-terrain vehicle or
14		off-highway motorcycle used in production agriculture" also
15		means any all-terrain vehicle or off-highway motorcycle used in
16		animal husbandry, floriculture, aquaculture, horticulture, and
17		viticulture.
18		(g) All of the proceeds of the additional fees imposed by
19		Public Act 96-34 this amendatory Act of the 96th General
20		Assembly shall be deposited into the Capital Projects Fund.
21		(Source: P.A. 95-287, eff. 1-1-08; 96-34, eff. 7-13-09; 96-554,
22		eff. 1-1-10; 96-653, eff. 1-1-10; revised 9-15-09.)
23		(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
24		Sec. 6-103. What persons shall not be licensed as drivers
25		or granted permits. The Secretary of State shall not issue,

SB3733 Engrossed - 1471 - LRB096 19592 AMC 34984 b
1		renew, or allow the retention of any driver's license nor issue
2		any permit under this Code:
3		1. To any person, as a driver, who is under the age of
4		18 years except as provided in Section 6-107, and except
5		that an instruction permit may be issued under Section
6		6-107.1 to a child who is not less than 15 years of age if
7		the child is enrolled in an approved driver education
8		course as defined in Section 1-103 of this Code and
9		requires an instruction permit to participate therein,
10		except that an instruction permit may be issued under the
11		provisions of Section 6-107.1 to a child who is 17 years
12		and 3 months of age without the child having enrolled in an
13		approved driver education course and except that an
14		instruction permit may be issued to a child who is at least
15		15 years and 3 months of age, is enrolled in school, meets
16		the educational requirements of the Driver Education Act,
17		and has passed examinations the Secretary of State in his
18		or her discretion may prescribe;
19		2. To any person who is under the age of 18 as an
20		operator of a motorcycle other than a motor driven cycle
21		unless the person has, in addition to meeting the
22		provisions of Section 6-107 of this Code, successfully
23		completed a motorcycle training course approved by the
24		Illinois Department of Transportation and successfully
25		completes the required Secretary of State's motorcycle
26		driver's examination;

SB3733 Engrossed - 1472 - LRB096 19592 AMC 34984 b
1		3. To any person, as a driver, whose driver's license
2		or permit has been suspended, during the suspension, nor to
3		any person whose driver's license or permit has been
4		revoked, except as provided in Sections 6-205, 6-206, and
5		6-208;
6		4. To any person, as a driver, who is a user of alcohol
7		or any other drug to a degree that renders the person
8		incapable of safely driving a motor vehicle;
9		5. To any person, as a driver, who has previously been
10		adjudged to be afflicted with or suffering from any mental
11		or physical disability or disease and who has not at the
12		time of application been restored to competency by the
13		methods provided by law;
14		6. To any person, as a driver, who is required by the
15		Secretary of State to submit an alcohol and drug evaluation
16		or take an examination provided for in this Code unless the
17		person has successfully passed the examination and
18		submitted any required evaluation;
19		7. To any person who is required under the provisions
20		of the laws of this State to deposit security or proof of
21		financial responsibility and who has not deposited the
22		security or proof;
23		8. To any person when the Secretary of State has good
24		cause to believe that the person by reason of physical or
25		mental disability would not be able to safely operate a
26		motor vehicle upon the highways, unless the person shall

SB3733 Engrossed - 1473 - LRB096 19592 AMC 34984 b
1		furnish to the Secretary of State a verified written
2		statement, acceptable to the Secretary of State, from a
3		competent medical specialist to the effect that the
4		operation of a motor vehicle by the person would not be
5		inimical to the public safety;
6		9. To any person, as a driver, who is 69 years of age
7		or older, unless the person has successfully complied with
8		the provisions of Section 6-109;
9		10. To any person convicted, within 12 months of
10		application for a license, of any of the sexual offenses
11		enumerated in paragraph 2 of subsection (b) of Section
12		6-205;
13		11. To any person who is under the age of 21 years with
14		a classification prohibited in paragraph (b) of Section
15		6-104 and to any person who is under the age of 18 years
16		with a classification prohibited in paragraph (c) of
17		Section 6-104;
18		12. To any person who has been either convicted of or
19		adjudicated under the Juvenile Court Act of 1987 based upon
20		a violation of the Cannabis Control Act, the Illinois
21		Controlled Substances Act, or the Methamphetamine Control
22		and Community Protection Act while that person was in
23		actual physical control of a motor vehicle. For purposes of
24		this Section, any person placed on probation under Section
25		10 of the Cannabis Control Act, Section 410 of the Illinois
26		Controlled Substances Act, or Section 70 of the

SB3733 Engrossed - 1474 - LRB096 19592 AMC 34984 b
1		Methamphetamine Control and Community Protection Act shall
2		not be considered convicted. Any person found guilty of
3		this offense, while in actual physical control of a motor
4		vehicle, shall have an entry made in the court record by
5		the judge that this offense did occur while the person was
6		in actual physical control of a motor vehicle and order the
7		clerk of the court to report the violation to the Secretary
8		of State as such. The Secretary of State shall not issue a
9		new license or permit for a period of one year;
10		13. To any person who is under the age of 18 years and
11		who has committed the offense of operating a motor vehicle
12		without a valid license or permit in violation of Section
13		6-101 or a similar out of state offense;
14		14. To any person who is 90 days or more delinquent in
15		court ordered child support payments or has been
16		adjudicated in arrears in an amount equal to 90 days'
17		obligation or more and who has been found in contempt of
18		court for failure to pay the support, subject to the
19		requirements and procedures of Article VII of Chapter 7 of
20		the Illinois Vehicle Code;
21		14.5. To any person certified by the Illinois
22		Department of Healthcare and Family Services as being 90
23		days or more delinquent in payment of support under an
24		order of support entered by a court or administrative body
25		of this or any other State, subject to the requirements and
26		procedures of Article VII of Chapter 7 of this Code

SB3733 Engrossed - 1475 - LRB096 19592 AMC 34984 b
1		regarding those certifications;
2		15. To any person released from a term of imprisonment
3		for violating Section 9-3 of the Criminal Code of 1961 or a
4		similar provision of a law of another state relating to
5		reckless homicide or for violating subparagraph (F) of
6		paragraph (1) of subsection (d) of Section 11-501 of this
7		Code relating to aggravated driving under the influence of
8		alcohol, other drug or drugs, intoxicating compound or
9		compounds, or any combination thereof, if the violation was
10		the proximate cause of a death, within 24 months of release
11		from a term of imprisonment;
12		16. To any person who, with intent to influence any act
13		related to the issuance of any driver's license or permit,
14		by an employee of the Secretary of State's Office, or the
15		owner or employee of any commercial driver exam training
16		school licensed by the Secretary of State, or any other
17		individual authorized by the laws of this State to give
18		driving instructions or administer all or part of a
19		driver's license examination, promises or tenders to that
20		person any property or personal advantage which that person
21		is not authorized by law to accept. Any persons promising
22		or tendering such property or personal advantage shall be
23		disqualified from holding any class of driver's license or
24		permit for 120 consecutive days. The Secretary of State
25		shall establish by rule the procedures for implementing
26		this period of disqualification and the procedures by which

SB3733 Engrossed - 1476 - LRB096 19592 AMC 34984 b
1		persons so disqualified may obtain administrative review
2		of the decision to disqualify;
3		17. To any person for whom the Secretary of State
4		cannot verify the accuracy of any information or
5		documentation submitted in application for a driver's
6		license; or
7		18. To any person who has been adjudicated under the
8		Juvenile Court Act of 1987 based upon an offense that is
9		determined by the court to have been committed in
10		furtherance of the criminal activities of an organized
11		gang, as provided in Section 5-710 of that Act, and that
12		involved the operation or use of a motor vehicle or the use
13		of a driver's license or permit. The person shall be denied
14		a license or permit for the period determined by the court.
15		The Secretary of State shall retain all conviction
16		information, if the information is required to be held
17		confidential under the Juvenile Court Act of 1987.
18		(Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-685,
19		eff. 6-23-07; 95-876, eff. 8-21-08; 96-607, eff. 8-24-09;
20		96-740, eff. 1-1-10; revised 9-15-09.)
21		(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
22		Sec. 6-106.1. School bus driver permit.
23		(a) The Secretary of State shall issue a school bus driver
24		permit to those applicants who have met all the requirements of
25		the application and screening process under this Section to

SB3733 Engrossed - 1477 - LRB096 19592 AMC 34984 b
1		insure the welfare and safety of children who are transported
2		on school buses throughout the State of Illinois. Applicants
3		shall obtain the proper application required by the Secretary
4		of State from their prospective or current employer and submit
5		the completed application to the prospective or current
6		employer along with the necessary fingerprint submission as
7		required by the Department of State Police to conduct
8		fingerprint based criminal background checks on current and
9		future information available in the state system and current
10		information available through the Federal Bureau of
11		Investigation's system. Applicants who have completed the
12		fingerprinting requirements shall not be subjected to the
13		fingerprinting process when applying for subsequent permits or
14		submitting proof of successful completion of the annual
15		refresher course. Individuals who on the effective date of this
16		Act possess a valid school bus driver permit that has been
17		previously issued by the appropriate Regional School
18		Superintendent are not subject to the fingerprinting
19		provisions of this Section as long as the permit remains valid
20		and does not lapse. The applicant shall be required to pay all
21		related application and fingerprinting fees as established by
22		rule including, but not limited to, the amounts established by
23		the Department of State Police and the Federal Bureau of
24		Investigation to process fingerprint based criminal background
25		investigations. All fees paid for fingerprint processing
26		services under this Section shall be deposited into the State

SB3733 Engrossed - 1478 - LRB096 19592 AMC 34984 b
1		Police Services Fund for the cost incurred in processing the
2		fingerprint based criminal background investigations. All
3		other fees paid under this Section shall be deposited into the
4		Road Fund for the purpose of defraying the costs of the
5		Secretary of State in administering this Section. All
6		applicants must:
7		1. be 21 years of age or older;
8		2. possess a valid and properly classified driver's
9		license issued by the Secretary of State;
10		3. possess a valid driver's license, which has not been
11		revoked, suspended, or canceled for 3 years immediately
12		prior to the date of application, or have not had his or
13		her commercial motor vehicle driving privileges
14		disqualified within the 3 years immediately prior to the
15		date of application;
16		4. successfully pass a written test, administered by
17		the Secretary of State, on school bus operation, school bus
18		safety, and special traffic laws relating to school buses
19		and submit to a review of the applicant's driving habits by
20		the Secretary of State at the time the written test is
21		given;
22		5. demonstrate ability to exercise reasonable care in
23		the operation of school buses in accordance with rules
24		promulgated by the Secretary of State;
25		6. demonstrate physical fitness to operate school
26		buses by submitting the results of a medical examination,

SB3733 Engrossed - 1479 - LRB096 19592 AMC 34984 b
1		including tests for drug use for each applicant not subject
2		to such testing pursuant to federal law, conducted by a
3		licensed physician, an advanced practice nurse who has a
4		written collaborative agreement with a collaborating
5		physician which authorizes him or her to perform medical
6		examinations, or a physician assistant who has been
7		delegated the performance of medical examinations by his or
8		her supervising physician within 90 days of the date of
9		application according to standards promulgated by the
10		Secretary of State;
11		7. affirm under penalties of perjury that he or she has
12		not made a false statement or knowingly concealed a
13		material fact in any application for permit;
14		8. have completed an initial classroom course,
15		including first aid procedures, in school bus driver safety
16		as promulgated by the Secretary of State; and after
17		satisfactory completion of said initial course an annual
18		refresher course; such courses and the agency or
19		organization conducting such courses shall be approved by
20		the Secretary of State; failure to complete the annual
21		refresher course, shall result in cancellation of the
22		permit until such course is completed;
23		9. not have been convicted of 2 or more serious traffic
24		offenses, as defined by rule, within one year prior to the
25		date of application that may endanger the life or safety of
26		any of the driver's passengers within the duration of the

SB3733 Engrossed - 1480 - LRB096 19592 AMC 34984 b
1		permit period;
2		10. not have been convicted of reckless driving,
3		driving while intoxicated, or reckless homicide resulting
4		from the operation of a motor vehicle within 3 years of the
5		date of application;
6		11. not have been convicted of committing or attempting
7		to commit any one or more of the following offenses: (i)
8		those offenses defined in Sections 9-1, 9-1.2, 9-2, 9-2.1,
9		9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6,
10		10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16,
11		11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
12		11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
13		12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
14		12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
15		12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1,
16		20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
17		33A-2, and in subsection (a) and subsection (b), clause
18		(1), of Section 12-4 of the Criminal Code of 1961; (ii)
19		those offenses defined in the Cannabis Control Act except
20		those offenses defined in subsections (a) and (b) of
21		Section 4, and subsection (a) of Section 5 of the Cannabis
22		Control Act; (iii) those offenses defined in the Illinois
23		Controlled Substances Act; (iv) those offenses defined in
24		the Methamphetamine Control and Community Protection Act;
25		(v) any offense committed or attempted in any other state
26		or against the laws of the United States, which if

SB3733 Engrossed - 1481 - LRB096 19592 AMC 34984 b
1		committed or attempted in this State would be punishable as
2		one or more of the foregoing offenses; (vi) the offenses
3		defined in Section 4.1 and 5.1 of the Wrongs to Children
4		Act and (vii) those offenses defined in Section 6-16 of the
5		Liquor Control Act of 1934;
6		12. not have been repeatedly involved as a driver in
7		motor vehicle collisions or been repeatedly convicted of
8		offenses against laws and ordinances regulating the
9		movement of traffic, to a degree which indicates lack of
10		ability to exercise ordinary and reasonable care in the
11		safe operation of a motor vehicle or disrespect for the
12		traffic laws and the safety of other persons upon the
13		highway;
14		13. not have, through the unlawful operation of a motor
15		vehicle, caused an accident resulting in the death of any
16		person; and
17		14. not have, within the last 5 years, been adjudged to
18		be afflicted with or suffering from any mental disability
19		or disease.
20		(b) A school bus driver permit shall be valid for a period
21		specified by the Secretary of State as set forth by rule. It
22		shall be renewable upon compliance with subsection (a) of this
23		Section.
24		(c) A school bus driver permit shall contain the holder's
25		driver's license number, legal name, residence address, zip
26		code, social security number and date of birth, a brief

SB3733 Engrossed - 1482 - LRB096 19592 AMC 34984 b
1		description of the holder and a space for signature. The
2		Secretary of State may require a suitable photograph of the
3		holder.
4		(d) The employer shall be responsible for conducting a
5		pre-employment interview with prospective school bus driver
6		candidates, distributing school bus driver applications and
7		medical forms to be completed by the applicant, and submitting
8		the applicant's fingerprint cards to the Department of State
9		Police that are required for the criminal background
10		investigations. The employer shall certify in writing to the
11		Secretary of State that all pre-employment conditions have been
12		successfully completed including the successful completion of
13		an Illinois specific criminal background investigation through
14		the Department of State Police and the submission of necessary
15		fingerprints to the Federal Bureau of Investigation for
16		criminal history information available through the Federal
17		Bureau of Investigation system. The applicant shall present the
18		certification to the Secretary of State at the time of
19		submitting the school bus driver permit application.
20		(e) Permits shall initially be provisional upon receiving
21		certification from the employer that all pre-employment
22		conditions have been successfully completed, and upon
23		successful completion of all training and examination
24		requirements for the classification of the vehicle to be
25		operated, the Secretary of State shall provisionally issue a
26		School Bus Driver Permit. The permit shall remain in a

SB3733 Engrossed - 1483 - LRB096 19592 AMC 34984 b
1		provisional status pending the completion of the Federal Bureau
2		of Investigation's criminal background investigation based
3		upon fingerprinting specimens submitted to the Federal Bureau
4		of Investigation by the Department of State Police. The Federal
5		Bureau of Investigation shall report the findings directly to
6		the Secretary of State. The Secretary of State shall remove the
7		bus driver permit from provisional status upon the applicant's
8		successful completion of the Federal Bureau of Investigation's
9		criminal background investigation.
10		(f) A school bus driver permit holder shall notify the
11		employer and the Secretary of State if he or she is convicted
12		in another state of an offense that would make him or her
13		ineligible for a permit under subsection (a) of this Section.
14		The written notification shall be made within 5 days of the
15		entry of the conviction. Failure of the permit holder to
16		provide the notification is punishable as a petty offense for a
17		first violation and a Class B misdemeanor for a second or
18		subsequent violation.
19		(g) Cancellation; suspension; notice and procedure.
20		(1) The Secretary of State shall cancel a school bus
21		driver permit of an applicant whose criminal background
22		investigation discloses that he or she is not in compliance
23		with the provisions of subsection (a) of this Section.
24		(2) The Secretary of State shall cancel a school bus
25		driver permit when he or she receives notice that the
26		permit holder fails to comply with any provision of this

SB3733 Engrossed - 1484 - LRB096 19592 AMC 34984 b
1		Section or any rule promulgated for the administration of
2		this Section.
3		(3) The Secretary of State shall cancel a school bus
4		driver permit if the permit holder's restricted commercial
5		or commercial driving privileges are withdrawn or
6		otherwise invalidated.
7		(4) The Secretary of State may not issue a school bus
8		driver permit for a period of 3 years to an applicant who
9		fails to obtain a negative result on a drug test as
10		required in item 6 of subsection (a) of this Section or
11		under federal law.
12		(5) The Secretary of State shall forthwith suspend a
13		school bus driver permit for a period of 3 years upon
14		receiving notice that the holder has failed to obtain a
15		negative result on a drug test as required in item 6 of
16		subsection (a) of this Section or under federal law.
17		(6) The Secretary of State shall suspend a school bus
18		driver permit for a period of 3 years upon receiving notice
19		from the employer that the holder failed to perform the
20		inspection procedure set forth in subsection (a) or (b) of
21		Section 12-816 of this Code.
22		The Secretary of State shall notify the State
23		Superintendent of Education and the permit holder's
24		prospective or current employer that the applicant has (1) has
25		failed a criminal background investigation or (2) is no longer
26		eligible for a school bus driver permit; and of the related

SB3733 Engrossed - 1485 - LRB096 19592 AMC 34984 b
1		cancellation of the applicant's provisional school bus driver
2		permit. The cancellation shall remain in effect pending the
3		outcome of a hearing pursuant to Section 2-118 of this Code.
4		The scope of the hearing shall be limited to the issuance
5		criteria contained in subsection (a) of this Section. A
6		petition requesting a hearing shall be submitted to the
7		Secretary of State and shall contain the reason the individual
8		feels he or she is entitled to a school bus driver permit. The
9		permit holder's employer shall notify in writing to the
10		Secretary of State that the employer has certified the removal
11		of the offending school bus driver from service prior to the
12		start of that school bus driver's next workshift. An employing
13		school board that fails to remove the offending school bus
14		driver from service is subject to the penalties defined in
15		Section 3-14.23 of the School Code. A school bus contractor who
16		violates a provision of this Section is subject to the
17		penalties defined in Section 6-106.11.
18		All valid school bus driver permits issued under this
19		Section prior to January 1, 1995, shall remain effective until
20		their expiration date unless otherwise invalidated.
21		(h) When a school bus driver permit holder who is a service
22		member is called to active duty, the employer of the permit
23		holder shall notify the Secretary of State, within 30 days of
24		notification from the permit holder, that the permit holder has
25		been called to active duty. Upon notification pursuant to this
26		subsection, (i) the Secretary of State shall characterize the

SB3733 Engrossed - 1486 - LRB096 19592 AMC 34984 b
1		permit as inactive until a permit holder renews the permit as
2		provided in subsection (i) of this Section, and (ii) if a
3		permit holder fails to comply with the requirements of this
4		Section while called to active duty, the Secretary of State
5		shall not characterize the permit as invalid.
6		(i) A school bus driver permit holder who is a service
7		member returning from active duty must, within 90 days, renew a
8		permit characterized as inactive pursuant to subsection (h) of
9		this Section by complying with the renewal requirements of
10		subsection (b) of this Section.
11		(j) For purposes of subsections (h) and (i) of this
12		Section:
13		"Active duty" means active duty pursuant to an executive
14		order of the President of the United States, an act of the
15		Congress of the United States, or an order of the Governor.
16		"Service member" means a member of the Armed Services or
17		reserve forces of the United States or a member of the Illinois
18		National Guard.
19		(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
20		revised 12-1-09.)
21		(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
22		Sec. 6-303. Driving while driver's license, permit or
23		privilege to operate a motor vehicle is suspended or revoked.
24		(a) Except as otherwise provided in subsection (a-5), any
25		person who drives or is in actual physical control of a motor

SB3733 Engrossed - 1487 - LRB096 19592 AMC 34984 b
1		vehicle on any highway of this State at a time when such
2		person's driver's license, permit or privilege to do so or the
3		privilege to obtain a driver's license or permit is revoked or
4		suspended as provided by this Code or the law of another state,
5		except as may be specifically allowed by a judicial driving
6		permit issued prior to January 1, 2009, monitoring device
7		driving permit, family financial responsibility driving
8		permit, probationary license to drive, or a restricted driving
9		permit issued pursuant to this Code or under the law of another
10		state, shall be guilty of a Class A misdemeanor.
11		(a-5) Any person who violates this Section as provided in
12		subsection (a) while his or her driver's license, permit or
13		privilege is revoked because of a violation of Section 9-3 of
14		the Criminal Code of 1961, relating to the offense of reckless
15		homicide or a similar provision of a law of another state, is
16		guilty of a Class 4 felony. The person shall be required to
17		undergo a professional evaluation, as provided in Section
18		11-501 of this Code, to determine if an alcohol, drug, or
19		intoxicating compound problem exists and the extent of the
20		problem, and to undergo the imposition of treatment as
21		appropriate.
22		(b) (Blank).
23		(b-1) Upon receiving a report of the conviction of any
24		violation indicating a person was operating a motor vehicle
25		during the time when the person's driver's license, permit or
26		privilege was suspended by the Secretary of State or the

SB3733 Engrossed - 1488 - LRB096 19592 AMC 34984 b
1		driver's licensing administrator of another state, except as
2		specifically allowed by a probationary license, judicial
3		driving permit, restricted driving permit or monitoring device
4		driving permit the Secretary shall extend the suspension for
5		the same period of time as the originally imposed suspension
6		unless the suspension has already expired, in which case the
7		Secretary shall be authorized to suspend the person's driving
8		privileges for the same period of time as the originally
9		imposed suspension.
10		(b-2) Except as provided in subsection (b-6), upon
11		receiving a report of the conviction of any violation
12		indicating a person was operating a motor vehicle when the
13		person's driver's license, permit or privilege was revoked by
14		the Secretary of State or the driver's license administrator of
15		any other state, except as specifically allowed by a restricted
16		driving permit issued pursuant to this Code or the law of
17		another state, the Secretary shall not issue a driver's license
18		for an additional period of one year from the date of such
19		conviction indicating such person was operating a vehicle
20		during such period of revocation.
21		(b-3) (Blank).
22		(b-4) When the Secretary of State receives a report of a
23		conviction of any violation indicating a person was operating a
24		motor vehicle that was not equipped with an ignition interlock
25		device during a time when the person was prohibited from
26		operating a motor vehicle not equipped with such a device, the

SB3733 Engrossed - 1489 - LRB096 19592 AMC 34984 b
1		Secretary shall not issue a driver's license to that person for
2		an additional period of one year from the date of the
3		conviction.
4		(b-5) Any person convicted of violating this Section shall
5		serve a minimum term of imprisonment of 30 consecutive days or
6		300 hours of community service when the person's driving
7		privilege was revoked or suspended as a result of a violation
8		of Section 9-3 of the Criminal Code of 1961, as amended,
9		relating to the offense of reckless homicide, or a similar
10		provision of a law of another state.
11		(b-6) Upon receiving a report of a first conviction of
12		operating a motor vehicle while the person's driver's license,
13		permit or privilege was revoked where the revocation was for a
14		violation of Section 9-3 of the Criminal Code of 1961 relating
15		to the offense of reckless homicide or a similar out-of-state
16		offense, the Secretary shall not issue a driver's license for
17		an additional period of three years from the date of such
18		conviction.
19		(c) Except as provided in subsections (c-3) and (c-4), any
20		person convicted of violating this Section shall serve a
21		minimum term of imprisonment of 10 consecutive days or 30 days
22		of community service when the person's driving privilege was
23		revoked or suspended as a result of:
24		(1) a violation of Section 11-501 of this Code or a
25		similar provision of a local ordinance relating to the
26		offense of operating or being in physical control of a

SB3733 Engrossed - 1490 - LRB096 19592 AMC 34984 b
1		vehicle while under the influence of alcohol, any other
2		drug or any combination thereof; or
3		(2) a violation of paragraph (b) of Section 11-401 of
4		this Code or a similar provision of a local ordinance
5		relating to the offense of leaving the scene of a motor
6		vehicle accident involving personal injury or death; or
7		(3) a statutory summary suspension under Section
8		11-501.1 of this Code.
9		Such sentence of imprisonment or community service shall
10		not be subject to suspension in order to reduce such sentence.
11		(c-1) Except as provided in subsections (c-5) and (d), any
12		person convicted of a second violation of this Section shall be
13		ordered by the court to serve a minimum of 100 hours of
14		community service.
15		(c-2) In addition to other penalties imposed under this
16		Section, the court may impose on any person convicted a fourth
17		time of violating this Section any of the following:
18		(1) Seizure of the license plates of the person's
19		vehicle.
20		(2) Immobilization of the person's vehicle for a period
21		of time to be determined by the court.
22		(c-3) Any person convicted of a violation of this Section
23		during a period of summary suspension imposed pursuant to
24		Section 11-501.1 when the person was eligible for a MDDP shall
25		be guilty of a Class 4 felony and shall serve a minimum term of
26		imprisonment of 30 days.

SB3733 Engrossed - 1491 - LRB096 19592 AMC 34984 b
1		(c-4) Any person who has been issued a MDDP and who is
2		convicted of a violation of this Section as a result of
3		operating or being in actual physical control of a motor
4		vehicle not equipped with an ignition interlock device at the
5		time of the offense shall be guilty of a Class 4 felony and
6		shall serve a minimum term of imprisonment of 30 days.
7		(c-5) Any person convicted of a second violation of this
8		Section is guilty of a Class 2 felony, is not eligible for
9		probation or conditional discharge, and shall serve a mandatory
10		term of imprisonment, if the revocation or suspension was for a
11		violation of Section 9-3 of the Criminal Code of 1961, relating
12		to the offense of reckless homicide, or a similar out-of-state
13		offense.
14		(d) Any person convicted of a second violation of this
15		Section shall be guilty of a Class 4 felony and shall serve a
16		minimum term of imprisonment of 30 days or 300 hours of
17		community service, as determined by the court, if the original
18		revocation or suspension was for a violation of Section 11-401
19		or 11-501 of this Code, or a similar out-of-state offense, or a
20		similar provision of a local ordinance, or a statutory summary
21		suspension under Section 11-501.1 of this Code.
22		(d-1) Except as provided in subsections (d-2), (d-2.5), and
23		(d-3), any person convicted of a third or subsequent violation
24		of this Section shall serve a minimum term of imprisonment of
25		30 days or 300 hours of community service, as determined by the
26		court.

SB3733 Engrossed - 1492 - LRB096 19592 AMC 34984 b
1		(d-2) Any person convicted of a third violation of this
2		Section is guilty of a Class 4 felony and must serve a minimum
3		term of imprisonment of 30 days if the revocation or suspension
4		was for a violation of Section 11-401 or 11-501 of this Code,
5		or a similar out-of-state offense, or a similar provision of a
6		local ordinance, or a statutory summary suspension under
7		Section 11-501.1 of this Code.
8		(d-2.5) Any person convicted of a third violation of this
9		Section is guilty of a Class 1 felony, is not eligible for
10		probation or conditional discharge, and must serve a mandatory
11		term of imprisonment if the revocation or suspension was for a
12		violation of Section 9-3 of the Criminal Code of 1961, relating
13		to the offense of reckless homicide, or a similar out-of-state
14		offense. The person's driving privileges shall be revoked for
15		the remainder of the person's life.
16		(d-3) Any person convicted of a fourth, fifth, sixth,
17		seventh, eighth, or ninth violation of this Section is guilty
18		of a Class 4 felony and must serve a minimum term of
19		imprisonment of 180 days if the revocation or suspension was
20		for a violation of Section 11-401 or 11-501 of this Code, or a
21		similar out-of-state offense, or a similar provision of a local
22		ordinance, or a statutory summary suspension under Section
23		11-501.1 of this Code.
24		(d-3.5) Any person convicted of a fourth or subsequent
25		violation of this Section is guilty of a Class 1 felony, is not
26		eligible for probation or conditional discharge, and must serve

SB3733 Engrossed - 1493 - LRB096 19592 AMC 34984 b
1		a mandatory term of imprisonment, and is eligible for an
2		extended term, if the revocation or suspension was for a
3		violation of Section 9-3 of the Criminal Code of 1961, relating
4		to the offense of reckless homicide, or a similar out-of-state
5		offense.
6		(d-4) Any person convicted of a tenth, eleventh, twelfth,
7		thirteenth, or fourteenth violation of this Section is guilty
8		of a Class 3 felony, and is not eligible for probation or
9		conditional discharge, if the revocation or suspension was for
10		a violation of Section 11-401 or 11-501 of this Code, or a
11		similar out-of-state offense, or a similar provision of a local
12		ordinance, or a statutory summary suspension under Section
13		11-501.1 of this Code.
14		(d-5) Any person convicted of a fifteenth or subsequent
15		violation of this Section is guilty of a Class 2 felony, and is
16		not eligible for probation or conditional discharge, if the
17		revocation or suspension was for a violation of Section 11-401
18		or 11-501 of this Code, or a similar out-of-state offense, or a
19		similar provision of a local ordinance, or a statutory summary
20		suspension under Section 11-501.1 of this Code.
21		(e) Any person in violation of this Section who is also in
22		violation of Section 7-601 of this Code relating to mandatory
23		insurance requirements, in addition to other penalties imposed
24		under this Section, shall have his or her motor vehicle
25		immediately impounded by the arresting law enforcement
26		officer. The motor vehicle may be released to any licensed

SB3733 Engrossed - 1494 - LRB096 19592 AMC 34984 b
1		driver upon a showing of proof of insurance for the vehicle
2		that was impounded and the notarized written consent for the
3		release by the vehicle owner.
4		(f) For any prosecution under this Section, a certified
5		copy of the driving abstract of the defendant shall be admitted
6		as proof of any prior conviction.
7		(g) The motor vehicle used in a violation of this Section
8		is subject to seizure and forfeiture as provided in Sections
9		36-1 and 36-2 of the Criminal Code of 1961 if the person's
10		driving privilege was revoked or suspended as a result of a
11		violation listed in paragraph (1) or (2) of subsection (c) of
12		this Section, as a result of a summary suspension as provided
13		in paragraph (3) of subsection (c) of this Section, or as a
14		result of a violation of Section 9-3 of the Criminal Code of
15		1961 relating to the offense of reckless homicide.
16		(Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400,
17		eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991,
18		eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; revised
19		9-15-09.)
20		(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
21		Sec. 11-208.3. Administrative adjudication of violations
22		of traffic regulations concerning the standing, parking, or
23		condition of vehicles and automated traffic law violations.
24		(a) Any municipality may provide by ordinance for a system
25		of administrative adjudication of vehicular standing and

SB3733 Engrossed - 1495 - LRB096 19592 AMC 34984 b
1		parking violations and vehicle compliance violations as
2		defined in this subsection and automated traffic law violations
3		as defined in Section 11-208.6 or 11-1201.1. The administrative
4		system shall have as its purpose the fair and efficient
5		enforcement of municipal regulations through the
6		administrative adjudication of automated traffic law
7		violations and violations of municipal ordinances regulating
8		the standing and parking of vehicles, the condition and use of
9		vehicle equipment, and the display of municipal wheel tax
10		licenses within the municipality's borders. The administrative
11		system shall only have authority to adjudicate civil offenses
12		carrying fines not in excess of $500 or requiring the
13		completion of a traffic education program, or both, that occur
14		after the effective date of the ordinance adopting such a
15		system under this Section. For purposes of this Section,
16		"compliance violation" means a violation of a municipal
17		regulation governing the condition or use of equipment on a
18		vehicle or governing the display of a municipal wheel tax
19		license.
20		(b) Any ordinance establishing a system of administrative
21		adjudication under this Section shall provide for:
22		(1) A traffic compliance administrator authorized to
23		adopt, distribute and process parking, compliance, and
24		automated traffic law violation notices and other notices
25		required by this Section, collect money paid as fines and
26		penalties for violation of parking and compliance

SB3733 Engrossed - 1496 - LRB096 19592 AMC 34984 b
1		ordinances and automated traffic law violations, and
2		operate an administrative adjudication system. The traffic
3		compliance administrator also may make a certified report
4		to the Secretary of State under Section 6-306.5.
5		(2) A parking, standing, compliance, or automated
6		traffic law violation notice that shall specify the date,
7		time, and place of violation of a parking, standing,
8		compliance, or automated traffic law regulation; the
9		particular regulation violated; any requirement to
10		complete a traffic education program; the fine and any
11		penalty that may be assessed for late payment or failure to
12		complete a required traffic education program, or both,
13		when so provided by ordinance; the vehicle make and state
14		registration number; and the identification number of the
15		person issuing the notice. With regard to automated traffic
16		law violations, vehicle make shall be specified on the
17		automated traffic law violation notice if the make is
18		available and readily discernible. With regard to
19		municipalities with a population of 1 million or more, it
20		shall be grounds for dismissal of a parking violation if
21		the state registration number or vehicle make specified is
22		incorrect. The violation notice shall state that the
23		completion of any required traffic education program, the
24		payment of any indicated fine, and the payment of any
25		applicable penalty for late payment or failure to complete
26		a required traffic education program, or both, shall

SB3733 Engrossed - 1497 - LRB096 19592 AMC 34984 b
1		operate as a final disposition of the violation. The notice
2		also shall contain information as to the availability of a
3		hearing in which the violation may be contested on its
4		merits. The violation notice shall specify the time and
5		manner in which a hearing may be had.
6		(3) Service of the parking, standing, or compliance
7		violation notice by affixing the original or a facsimile of
8		the notice to an unlawfully parked vehicle or by handing
9		the notice to the operator of a vehicle if he or she is
10		present and service of an automated traffic law violation
11		notice by mail to the address of the registered owner of
12		the cited vehicle as recorded with the Secretary of State
13		within 30 days after the Secretary of State notifies the
14		municipality or county of the identity of the owner of the
15		vehicle, but in no event later than 90 days after the
16		violation. A person authorized by ordinance to issue and
17		serve parking, standing, and compliance violation notices
18		shall certify as to the correctness of the facts entered on
19		the violation notice by signing his or her name to the
20		notice at the time of service or in the case of a notice
21		produced by a computerized device, by signing a single
22		certificate to be kept by the traffic compliance
23		administrator attesting to the correctness of all notices
24		produced by the device while it was under his or her
25		control. In the case of an automated traffic law violation,
26		the ordinance shall require a determination by a technician

SB3733 Engrossed - 1498 - LRB096 19592 AMC 34984 b
1		employed or contracted by the municipality or county that,
2		based on inspection of recorded images, the motor vehicle
3		was being operated in violation of Section 11-208.6 or
4		11-1201.1 or a local ordinance. If the technician
5		determines that the vehicle entered the intersection as
6		part of a funeral procession or in order to yield the
7		right-of-way to an emergency vehicle, a citation shall not
8		be issued. The original or a facsimile of the violation
9		notice or, in the case of a notice produced by a
10		computerized device, a printed record generated by the
11		device showing the facts entered on the notice, shall be
12		retained by the traffic compliance administrator, and
13		shall be a record kept in the ordinary course of business.
14		A parking, standing, compliance, or automated traffic law
15		violation notice issued, signed and served in accordance
16		with this Section, a copy of the notice, or the computer
17		generated record shall be prima facie correct and shall be
18		prima facie evidence of the correctness of the facts shown
19		on the notice. The notice, copy, or computer generated
20		record shall be admissible in any subsequent
21		administrative or legal proceedings.
22		(4) An opportunity for a hearing for the registered
23		owner of the vehicle cited in the parking, standing,
24		compliance, or automated traffic law violation notice in
25		which the owner may contest the merits of the alleged
26		violation, and during which formal or technical rules of

SB3733 Engrossed - 1499 - LRB096 19592 AMC 34984 b
1		evidence shall not apply; provided, however, that under
2		Section 11-1306 of this Code the lessee of a vehicle cited
3		in the violation notice likewise shall be provided an
4		opportunity for a hearing of the same kind afforded the
5		registered owner. The hearings shall be recorded, and the
6		person conducting the hearing on behalf of the traffic
7		compliance administrator shall be empowered to administer
8		oaths and to secure by subpoena both the attendance and
9		testimony of witnesses and the production of relevant books
10		and papers. Persons appearing at a hearing under this
11		Section may be represented by counsel at their expense. The
12		ordinance may also provide for internal administrative
13		review following the decision of the hearing officer.
14		(5) Service of additional notices, sent by first class
15		United States mail, postage prepaid, to the address of the
16		registered owner of the cited vehicle as recorded with the
17		Secretary of State or, if any notice to that address is
18		returned as undeliverable, to the last known address
19		recorded in a United States Post Office approved database,
20		or, under Section 11-1306 of this Code, to the lessee of
21		the cited vehicle at the last address known to the lessor
22		of the cited vehicle at the time of lease or, if any notice
23		to that address is returned as undeliverable, to the last
24		known address recorded in a United States Post Office
25		approved database. The service shall be deemed complete as
26		of the date of deposit in the United States mail. The

SB3733 Engrossed - 1500 - LRB096 19592 AMC 34984 b
1		notices shall be in the following sequence and shall
2		include but not be limited to the information specified
3		herein:
4		(i) A second notice of parking, standing, or
5		compliance violation. This notice shall specify the
6		date and location of the violation cited in the
7		parking, standing, or compliance violation notice, the
8		particular regulation violated, the vehicle make and
9		state registration number, any requirement to complete
10		a traffic education program, the fine and any penalty
11		that may be assessed for late payment or failure to
12		complete a traffic education program, or both, when so
13		provided by ordinance, the availability of a hearing in
14		which the violation may be contested on its merits, and
15		the time and manner in which the hearing may be had.
16		The notice of violation shall also state that failure
17		to complete a required traffic education program, to
18		pay the indicated fine and any applicable penalty, or
19		to appear at a hearing on the merits in the time and
20		manner specified, will result in a final determination
21		of violation liability for the cited violation in the
22		amount of the fine or penalty indicated, and that, upon
23		the occurrence of a final determination of violation
24		liability for the failure, and the exhaustion of, or
25		failure to exhaust, available administrative or
26		judicial procedures for review, any incomplete traffic

SB3733 Engrossed - 1501 - LRB096 19592 AMC 34984 b
1		education program or any unpaid fine or penalty, or
2		both, will constitute a debt due and owing the
3		municipality.
4		(ii) A notice of final determination of parking,
5		standing, compliance, or automated traffic law
6		violation liability. This notice shall be sent
7		following a final determination of parking, standing,
8		compliance, or automated traffic law violation
9		liability and the conclusion of judicial review
10		procedures taken under this Section. The notice shall
11		state that the incomplete traffic education program or
12		the unpaid fine or penalty, or both, is a debt due and
13		owing the municipality. The notice shall contain
14		warnings that failure to complete any required traffic
15		education program or to pay any fine or penalty due and
16		owing the municipality, or both, within the time
17		specified may result in the municipality's filing of a
18		petition in the Circuit Court to have the incomplete
19		traffic education program or unpaid fine or penalty, or
20		both, rendered a judgment as provided by this Section,
21		or may result in suspension of the person's drivers
22		license for failure to complete a traffic education
23		program or to pay fines or penalties, or both, for 10
24		or more parking violations under Section 6-306.5 or 5
25		or more automated traffic law violations under Section
26		11-208.6.

SB3733 Engrossed - 1502 - LRB096 19592 AMC 34984 b
1		(6) A notice of impending drivers license suspension.
2		This notice shall be sent to the person liable for failure
3		to complete a required traffic education program or to pay
4		any fine or penalty that remains due and owing, or both, on
5		10 or more parking violations or 5 or more unpaid automated
6		traffic law violations. The notice shall state that failure
7		to complete a required traffic education program or to pay
8		the fine or penalty owing, or both, within 45 days of the
9		notice's date will result in the municipality notifying the
10		Secretary of State that the person is eligible for
11		initiation of suspension proceedings under Section 6-306.5
12		of this Code. The notice shall also state that the person
13		may obtain a photostatic copy of an original ticket
14		imposing a fine or penalty by sending a self addressed,
15		stamped envelope to the municipality along with a request
16		for the photostatic copy. The notice of impending drivers
17		license suspension shall be sent by first class United
18		States mail, postage prepaid, to the address recorded with
19		the Secretary of State or, if any notice to that address is
20		returned as undeliverable, to the last known address
21		recorded in a United States Post Office approved database.
22		(7) Final determinations of violation liability. A
23		final determination of violation liability shall occur
24		following failure to complete the required traffic
25		education program or to pay the fine or penalty, or both,
26		after a hearing officer's determination of violation

SB3733 Engrossed - 1503 - LRB096 19592 AMC 34984 b
1		liability and the exhaustion of or failure to exhaust any
2		administrative review procedures provided by ordinance.
3		Where a person fails to appear at a hearing to contest the
4		alleged violation in the time and manner specified in a
5		prior mailed notice, the hearing officer's determination
6		of violation liability shall become final: (A) upon denial
7		of a timely petition to set aside that determination, or
8		(B) upon expiration of the period for filing the petition
9		without a filing having been made.
10		(8) A petition to set aside a determination of parking,
11		standing, compliance, or automated traffic law violation
12		liability that may be filed by a person owing an unpaid
13		fine or penalty. A petition to set aside a determination of
14		liability may also be filed by a person required to
15		complete a traffic education program. The petition shall be
16		filed with and ruled upon by the traffic compliance
17		administrator in the manner and within the time specified
18		by ordinance. The grounds for the petition may be limited
19		to: (A) the person not having been the owner or lessee of
20		the cited vehicle on the date the violation notice was
21		issued, (B) the person having already completed the
22		required traffic education program or paid the fine or
23		penalty, or both, for the violation in question, and (C)
24		excusable failure to appear at or request a new date for a
25		hearing. With regard to municipalities with a population of
26		1 million or more, it shall be grounds for dismissal of a

SB3733 Engrossed - 1504 - LRB096 19592 AMC 34984 b
1		parking violation if the state registration number, or
2		vehicle make if specified, is incorrect. After the
3		determination of parking, standing, compliance, or
4		automated traffic law violation liability has been set
5		aside upon a showing of just cause, the registered owner
6		shall be provided with a hearing on the merits for that
7		violation.
8		(9) Procedures for non-residents. Procedures by which
9		persons who are not residents of the municipality may
10		contest the merits of the alleged violation without
11		attending a hearing.
12		(10) A schedule of civil fines for violations of
13		vehicular standing, parking, compliance, or automated
14		traffic law regulations enacted by ordinance pursuant to
15		this Section, and a schedule of penalties for late payment
16		of the fines or failure to complete required traffic
17		education programs, provided, however, that the total
18		amount of the fine and penalty for any one violation shall
19		not exceed $250, except as provided in subsection (c) of
20		Section 11-1301.3 of this Code.
21		(11) Other provisions as are necessary and proper to
22		carry into effect the powers granted and purposes stated in
23		this Section.
24		(c) Any municipality establishing vehicular standing,
25		parking, compliance, or automated traffic law regulations
26		under this Section may also provide by ordinance for a program

SB3733 Engrossed - 1505 - LRB096 19592 AMC 34984 b
1		of vehicle immobilization for the purpose of facilitating
2		enforcement of those regulations. The program of vehicle
3		immobilization shall provide for immobilizing any eligible
4		vehicle upon the public way by presence of a restraint in a
5		manner to prevent operation of the vehicle. Any ordinance
6		establishing a program of vehicle immobilization under this
7		Section shall provide:
8		(1) Criteria for the designation of vehicles eligible
9		for immobilization. A vehicle shall be eligible for
10		immobilization when the registered owner of the vehicle has
11		accumulated the number of incomplete traffic education
12		programs or unpaid final determinations of parking,
13		standing, compliance, or automated traffic law violation
14		liability, or both, as determined by ordinance.
15		(2) A notice of impending vehicle immobilization and a
16		right to a hearing to challenge the validity of the notice
17		by disproving liability for the incomplete traffic
18		education programs or unpaid final determinations of
19		parking, standing, compliance, or automated traffic law
20		violation liability, or both, listed on the notice.
21		(3) The right to a prompt hearing after a vehicle has
22		been immobilized or subsequently towed without the
23		completion of the required traffic education program or
24		payment of the outstanding fines and penalties on parking,
25		standing, compliance, or automated traffic law violations,
26		or both, for which final determinations have been issued.

SB3733 Engrossed - 1506 - LRB096 19592 AMC 34984 b
1		An order issued after the hearing is a final administrative
2		decision within the meaning of Section 3-101 of the Code of
3		Civil Procedure.
4		(4) A post immobilization and post-towing notice
5		advising the registered owner of the vehicle of the right
6		to a hearing to challenge the validity of the impoundment.
7		(d) Judicial review of final determinations of parking,
8		standing, compliance, or automated traffic law violations and
9		final administrative decisions issued after hearings regarding
10		vehicle immobilization and impoundment made under this Section
11		shall be subject to the provisions of the Administrative Review
12		Law.
13		(e) Any fine, penalty, incomplete traffic education
14		program, or part of any fine or any penalty remaining unpaid
15		after the exhaustion of, or the failure to exhaust,
16		administrative remedies created under this Section and the
17		conclusion of any judicial review procedures shall be a debt
18		due and owing the municipality and, as such, may be collected
19		in accordance with applicable law. Completion of any required
20		traffic education program and payment in full of any fine or
21		penalty resulting from a standing, parking, compliance, or
22		automated traffic law violation shall constitute a final
23		disposition of that violation.
24		(f) After the expiration of the period within which
25		judicial review may be sought for a final determination of
26		parking, standing, compliance, or automated traffic law

SB3733 Engrossed - 1507 - LRB096 19592 AMC 34984 b
1		violation, the municipality may commence a proceeding in the
2		Circuit Court for purposes of obtaining a judgment on the final
3		determination of violation. Nothing in this Section shall
4		prevent a municipality from consolidating multiple final
5		determinations of parking, standing, compliance, or automated
6		traffic law violations against a person in a proceeding. Upon
7		commencement of the action, the municipality shall file a
8		certified copy or record of the final determination of parking,
9		standing, compliance, or automated traffic law violation,
10		which shall be accompanied by a certification that recites
11		facts sufficient to show that the final determination of
12		violation was issued in accordance with this Section and the
13		applicable municipal ordinance. Service of the summons and a
14		copy of the petition may be by any method provided by Section
15		2-203 of the Code of Civil Procedure or by certified mail,
16		return receipt requested, provided that the total amount of
17		fines and penalties for final determinations of parking,
18		standing, compliance, or automated traffic law violations does
19		not exceed $2500. If the court is satisfied that the final
20		determination of parking, standing, compliance, or automated
21		traffic law violation was entered in accordance with the
22		requirements of this Section and the applicable municipal
23		ordinance, and that the registered owner or the lessee, as the
24		case may be, had an opportunity for an administrative hearing
25		and for judicial review as provided in this Section, the court
26		shall render judgment in favor of the municipality and against

SB3733 Engrossed - 1508 - LRB096 19592 AMC 34984 b
1		the registered owner or the lessee for the amount indicated in
2		the final determination of parking, standing, compliance, or
3		automated traffic law violation, plus costs. The judgment shall
4		have the same effect and may be enforced in the same manner as
5		other judgments for the recovery of money.
6		(g) The fee for participating in a traffic education
7		program under this Section shall not exceed $25.
8		A low-income individual required to complete a traffic
9		education program under this Section who provides proof of
10		eligibility for the federal earned income tax credit under
11		Section 32 of the Internal Revenue Code or the Illinois earned
12		income tax credit under Section 212 of the Illinois Income Tax
13		Act shall not be required to pay any fee for participating in a
14		required traffic education program.
15		(Source: P.A. 95-331, eff. 8-21-07; 96-288, eff. 8-11-09;
16		96-478, eff. 1-1-10; revised 9-4-09.)
17		(625 ILCS 5/11-605.2)
18		Sec. 11-605.2. Delegation of authority to set a special
19		speed limit while traveling through highway construction or
20		maintenance zones.
21		(a) A local agency may delegate to its superintendent of
22		highways the authority to set and post a reduced speed limit
23		for a construction or maintenance zone, as defined in Section
24		11-605.1 11-605, under subsection (c) (b) of that Section.
25		(b) If a superintendent of highways sets a reduced speed

SB3733 Engrossed - 1509 - LRB096 19592 AMC 34984 b
1		limit for a construction or maintenance zone in accordance with
2		this Section, the local agency must maintain a record that
3		indicates:
4		(1) the location of the construction or maintenance
5		zone;
6		(2) the reduced speed limit set and posted for the
7		construction or maintenance zone; and
8		(3) the dates during which the reduced speed limit was
9		in effect.
10		(Source: P.A. 93-947, eff. 8-19-04; revised 11-4-09.)
11		(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
12		Sec. 11-1301.2. Special decals for parking; persons a
13		person with disabilities parking.
14		(a) The Secretary of State shall provide for, by
15		administrative rules, the design, size, color, and placement of
16		a person with disabilities motorist decal or device and shall
17		provide for, by administrative rules, the content and form of
18		an application for a person with disabilities motorist decal or
19		device, which shall be used by local authorities in the
20		issuance thereof to a person with temporary disabilities,
21		provided that the decal or device is valid for no more than 90
22		days, subject to renewal for like periods based upon continued
23		disability, and further provided that the decal or device
24		clearly sets forth the date that the decal or device expires.
25		The application shall include the requirement of an Illinois

SB3733 Engrossed - 1510 - LRB096 19592 AMC 34984 b
1		Identification Card number or a State of Illinois driver's
2		license number. This decal or device may be used by the
3		authorized holder to designate and identify a vehicle not owned
4		or displaying a registration plate as provided in Sections
5		3-609 and 3-616 of this Act to designate when the vehicle is
6		being used to transport said person or persons with
7		disabilities, and thus is entitled to enjoy all the privileges
8		that would be afforded a person with disabilities licensed
9		vehicle. Person with disabilities decals or devices issued and
10		displayed pursuant to this Section shall be recognized and
11		honored by all local authorities regardless of which local
12		authority issued such decal or device.
13		The decal or device shall be issued only upon a showing by
14		adequate documentation that the person for whose benefit the
15		decal or device is to be used has a temporary disability as
16		defined in Section 1-159.1 of this Code.
17		(b) The local governing authorities shall be responsible
18		for the provision of such decal or device, its issuance and
19		designated placement within the vehicle. The cost of such decal
20		or device shall be at the discretion of such local governing
21		authority.
22		(c) The Secretary of State may, pursuant to Section
23		3-616(c), issue a person with disabilities parking decal or
24		device to a person with disabilities as defined by Section
25		1-159.1. Any person with disabilities parking decal or device
26		issued by the Secretary of State shall be registered to that

SB3733 Engrossed - 1511 - LRB096 19592 AMC 34984 b
1		person with disabilities in the form to be prescribed by the
2		Secretary of State. The person with disabilities parking decal
3		or device shall not display that person's address. One
4		additional decal or device may be issued to an applicant upon
5		his or her written request and with the approval of the
6		Secretary of State. The written request must include a
7		justification of the need for the additional decal or device.
8		(d) Replacement decals or devices may be issued for lost,
9		stolen, or destroyed decals upon application and payment of a
10		$10 fee. The replacement fee may be waived for individuals that
11		have claimed and received a grant under the Senior Citizens and
12		Disabled Persons Property Tax Relief and Pharmaceutical
13		Assistance Act.
14		(Source: P.A. 95-167, eff. 1-1-08; 96-72, eff. 1-1-10; 96-79,
15		eff. 1-1-10; revised 11-4-09.)
16		(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
17		Sec. 11-1301.3. Unauthorized use of parking places
18		reserved for persons with disabilities.
19		(a) It shall be prohibited to park any motor vehicle which
20		is not properly displaying registration plates or decals issued
21		to a person with disabilities, as defined by Section 1-159.1,
22		pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
23		disabled veteran pursuant to Section 3-609 of this Act, as
24		evidence that the vehicle is operated by or for a person with
25		disabilities or disabled veteran, in any parking place,

SB3733 Engrossed - 1512 - LRB096 19592 AMC 34984 b
1		including any private or public offstreet parking facility,
2		specifically reserved, by the posting of an official sign as
3		designated under Section 11-301, for motor vehicles displaying
4		such registration plates. It shall be prohibited to park any
5		motor vehicle in a designated access aisle adjacent to any
6		parking place specifically reserved for persons with
7		disabilities, by the posting of an official sign as designated
8		under Section 11-301, for motor vehicles displaying such
9		registration plates. When using the parking privileges for
10		persons with disabilities, the parking decal or device must be
11		displayed properly in the vehicle where it is clearly visible
12		to law enforcement personnel, either hanging from the rearview
13		mirror or placed on the dashboard of the vehicle in clear view.
14		Disability license plates and parking decals and devices are
15		not transferable from person to person. Proper usage of the
16		disability license plate or parking decal or device requires
17		the authorized holder to be present and enter or exit the
18		vehicle at the time the parking privileges are being used. It
19		is a violation of this Section to park in a space reserved for
20		a person with disabilities if the authorized holder of the
21		disability license plate or parking decal or device does not
22		enter or exit the vehicle at the time the parking privileges
23		are being used. Any motor vehicle properly displaying a
24		disability license plate or a parking decal or device
25		containing the International symbol of access issued to persons
26		with disabilities by any local authority, state, district,

SB3733 Engrossed - 1513 - LRB096 19592 AMC 34984 b
1		territory or foreign country shall be recognized by State and
2		local authorities as a valid license plate or device and
3		receive the same parking privileges as residents of this State.
4		(a-1) An individual with a vehicle displaying disability
5		license plates or a parking decal or device issued to a
6		qualified person with a disability under Sections 3-616,
7		11-1301.1, or 11-1301.2 or to a disabled veteran under Section
8		3-609 is in violation of this Section if (i) the person using
9		the disability license plate or parking decal or device is not
10		the authorized holder of the disability license plate or
11		parking decal or device or is not transporting the authorized
12		holder of the disability license plate or parking decal or
13		device to or from the parking location and (ii) the person uses
14		the disability license plate or parking decal or device to
15		exercise any privileges granted through the disability license
16		plate or parking decals or devices under this Code.
17		(b) Any person or local authority owning or operating any
18		public or private offstreet parking facility may, after
19		notifying the police or sheriff's department, remove or cause
20		to be removed to the nearest garage or other place of safety
21		any vehicle parked within a stall or space reserved for use by
22		a person with disabilities which does not display person with
23		disabilities registration plates or a special decal or device
24		as required under this Section.
25		(c) Any person found guilty of violating the provisions of
26		subsection (a) shall be fined $250 in addition to any costs or

SB3733 Engrossed - 1514 - LRB096 19592 AMC 34984 b
1		charges connected with the removal or storage of any motor
2		vehicle authorized under this Section; but municipalities by
3		ordinance may impose a fine up to $350 and shall display signs
4		indicating the fine imposed. If the amount of the fine is
5		subsequently changed, the municipality shall change the sign to
6		indicate the current amount of the fine. It shall not be a
7		defense to a charge under this Section that either the sign
8		posted pursuant to this Section or the intended accessible
9		parking place does not comply with the technical requirements
10		of Section 11-301, Department regulations, or local ordinance
11		if a reasonable person would be made aware by the sign or
12		notice on or near the parking place that the place is reserved
13		for a person with disabilities.
14		(c-1) Any person found guilty of violating the provisions
15		of subsection (a-1) a first time shall be fined $500. Any
16		person found guilty of violating subsection (a-1) a second time
17		shall be fined $750, and the Secretary of State may revoke the
18		person's driving privileges or suspend those privileges for a
19		period of time to be determined by the Secretary. Any person
20		found guilty of violating subsection (a-1) a third or
21		subsequent time shall be fined $1,000. The circuit clerk shall
22		distribute 50% of the fine imposed on any person who is found
23		guilty of or pleads guilty to violating this Section, including
24		any person placed on court supervision for violating this
25		Section, to the law enforcement agency that issued the citation
26		or made the arrest. If more than one law enforcement agency is

SB3733 Engrossed - 1515 - LRB096 19592 AMC 34984 b
1		responsible for issuing the citation or making the arrest, the
2		50% of the fine imposed shall be shared equally. If an officer
3		of the Secretary of State Department of Police arrested a
4		person for a violation of this Section, 50% of the fine imposed
5		shall be deposited into the Secretary of State Police Services
6		Fund.
7		(d) Local authorities shall impose fines as established in
8		subsections (c) and (c-1) for violations of this Section.
9		(e) As used in this Section, "authorized holder" means an
10		individual issued a disability license plate under Section
11		3-616 of this Code, an individual issued a parking decal or
12		device under Section 11-1301.2 of this Code, or an individual
13		issued a disabled veteran's license plate under Section 3-609
14		of this Code.
15		(f) Any person who commits a violation of subsection (a-1)
16		may have his or her driving privileges suspended or revoked by
17		the Secretary of State for a period of time determined by the
18		Secretary of State. The Secretary of State may also suspend or
19		revoke the disability license plates or parking decal or device
20		for a period of time determined by the Secretary of State.
21		(g) Any police officer may seize the parking decal or
22		device from any person who commits a violation of this Section.
23		Any police officer may seize the disability license plate upon
24		authorization from the Secretary of State. Any police officer
25		may request that the Secretary of State revoke the parking
26		decal or device or the disability license plate of any person

SB3733 Engrossed - 1516 - LRB096 19592 AMC 34984 b
1		who commits a violation of this Section.
2		(Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876,
3		eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; revised
4		8-20-09.)
5		(625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
6		Sec. 12-503. Windshields must be unobstructed and equipped
7		with wipers.
8		(a) No person shall drive a motor vehicle with any sign,
9		poster, window application, reflective material, nonreflective
10		material or tinted film upon the front windshield, except that
11		a nonreflective tinted film may be used along the uppermost
12		portion of the windshield if such material does not extend more
13		than 6 inches down from the top of the windshield.
14		(a-5) No window treatment or tinting shall be applied to
15		the windows immediately adjacent to each side of the driver,
16		except:
17		(1) on vehicles where none of the windows to the rear
18		of the driver's seat are treated in a manner that allows
19		less than 30% light transmittance, a nonreflective tinted
20		film that allows at least 50% light transmittance, with a
21		5% variance observed by any law enforcement official
22		metering the light transmittance, may be used on the side
23		windows immediately adjacent to each side of the driver.
24		(2) on vehicles where none of the windows to the rear
25		of the driver's seat are treated in a manner that allows

SB3733 Engrossed - 1517 - LRB096 19592 AMC 34984 b
1		less than 35% light transmittance, a nonreflective tinted
2		film that allows at least 35% light transmittance, with a
3		5% variance observed by any law enforcement official
4		metering the light transmittance, may be used on the side
5		windows immediately adjacent to each side of the driver.
6		(3) on multipurpose passenger vehicles, as defined by
7		Section 1-148.3b of this Code, a nonreflective tinted film
8		originally applied by the manufacturer, that allows at
9		least 50% light transmittance, with a 5% variance observed
10		by any law enforcement official metering the light
11		transmittance, may be used on the side windows immediately
12		adjacent to each side of the driver.
13		(a-10) (a-5) No person shall install or repair any material
14		prohibited by subsection (a) of this Section.
15		(1) Nothing in this subsection shall prohibit a person
16		from removing or altering any material prohibited by
17		subsection (a) to make a motor vehicle comply with the
18		requirements of this Section.
19		(2) Nothing in this subsection shall prohibit a person
20		from installing window treatment for a person with a
21		medical condition described in subsection (g) of this
22		Section. An installer who installs window treatment for a
23		person with a medical condition described in subsection (g)
24		must obtain a copy of the certified statement or letter
25		written by a physician described in subsection (g) from the
26		person with the medical condition prior to installing the

SB3733 Engrossed - 1518 - LRB096 19592 AMC 34984 b
1		window treatment. The copy of the certified statement or
2		letter must be kept in the installer's permanent records.
3		(b) On motor vehicles where window treatment has not been
4		applied to the windows immediately adjacent to each side of the
5		driver, the use of a nonreflective, smoked or tinted glass,
6		nonreflective film, perforated window screen or other
7		decorative window application on windows to the rear of the
8		driver's seat shall be allowed, except that any motor vehicle
9		with a window to the rear of the driver's seat treated in this
10		manner shall be equipped with a side mirror on each side of the
11		motor vehicle which are in conformance with Section 12-502.
12		(c) No person shall drive a motor vehicle with any objects
13		placed or suspended between the driver and the front
14		windshield, rear window, side wings or side windows immediately
15		adjacent to each side of the driver which materially obstructs
16		the driver's view.
17		(d) Every motor vehicle, except motorcycles, shall be
18		equipped with a device, controlled by the driver, for cleaning
19		rain, snow, moisture or other obstructions from the windshield;
20		and no person shall drive a motor vehicle with snow, ice,
21		moisture or other material on any of the windows or mirrors,
22		which materially obstructs the driver's clear view of the
23		highway.
24		(e) No person shall drive a motor vehicle when the
25		windshield, side or rear windows are in such defective
26		condition or repair as to materially impair the driver's view

SB3733 Engrossed - 1519 - LRB096 19592 AMC 34984 b
1		to the front, side or rear. A vehicle equipped with a side
2		mirror on each side of the vehicle which are in conformance
3		with Section 12-502 will be deemed to be in compliance in the
4		event the rear window of the vehicle is materially obscured.
5		(f) Paragraphs (a), (a-5), and (b) of this Section shall
6		not apply to:
7		(1) (Blank).
8		(2) to those motor vehicles properly registered in
9		another jurisdiction.
10		(g) Paragraphs (a) and (a-5) of this Section shall not
11		apply to window treatment, including but not limited to a
12		window application, nonreflective material, or tinted film,
13		applied or affixed to a motor vehicle for which distinctive
14		license plates or license plate stickers have been issued
15		pursuant to subsection (k) of Section 3-412 of this Code, and
16		which:
17		(1) is owned and operated by a person afflicted with or
18		suffering from a medical disease, including but not limited
19		to systemic or discoid lupus erythematosus, disseminated
20		superficial actinic porokeratosis, or albinism, which
21		would require that person to be shielded from the direct
22		rays of the sun; or
23		(2) is used in transporting a person when the person
24		resides at the same address as the registered owner of the
25		vehicle and the person is afflicted with or suffering from
26		a medical disease which would require the person to be

SB3733 Engrossed - 1520 - LRB096 19592 AMC 34984 b
1		shielded from the direct rays of the sun, including but not
2		limited to systemic or discoid lupus erythematosus,
3		disseminated superficial actinic porokeratosis, or
4		albinism.
5		The owner must obtain a certified statement or letter
6		written by a physician licensed to practice medicine in
7		Illinois that such person owning and operating or being
8		transported in a motor vehicle is afflicted with or suffers
9		from such disease, including but not limited to systemic or
10		discoid lupus erythematosus, disseminated superficial
11		actinic porokeratosis, or albinism. However, no exemption
12		from the requirements of subsection (a-5) shall be granted
13		for any condition, such as light sensitivity, for which
14		protection from the direct rays of the sun can be
15		adequately obtained by the use of sunglasses or other eye
16		protective devices.
17		Such certification must be carried in the motor vehicle
18		at all times. The certification shall be legible and shall
19		contain the date of issuance, the name, address and
20		signature of the attending physician, and the name,
21		address, and medical condition of the person requiring
22		exemption. The information on the certificate for a window
23		treatment must remain current and shall be renewed annually
24		by the attending physician. The owner shall also submit a
25		copy of the certification to the Secretary of State. The
26		Secretary of State may forward notice of certification to

SB3733 Engrossed - 1521 - LRB096 19592 AMC 34984 b
1		law enforcement agencies.
2		(g-5) (Blank).
3		(g-7) Installers shall only install window treatment
4		authorized by subsection (g) on motor vehicles for which
5		distinctive plates or license plate stickers have been issued
6		pursuant to subsection (k) of Section 3-412 of this Code. The
7		distinctive license plates or plate sticker must be on the
8		motor vehicle at the time of window treatment installation.
9		(h) Paragraph (a) of this Section shall not apply to motor
10		vehicle stickers or other certificates issued by State or local
11		authorities which are required to be displayed upon motor
12		vehicle windows to evidence compliance with requirements
13		concerning motor vehicles.
14		(i) (Blank).
15		(j) A person found guilty of violating paragraphs (a),
16		(a-5), (a-10), (b), or (g-7) of this Section shall be guilty of
17		a petty offense and fined no less than $50 nor more than $500.
18		A second or subsequent violation of paragraphs (a), (a-5),
19		(a-10), (b), or (g-7) of this Section shall be treated as a
20		Class C misdemeanor and the violator fined no less than $100
21		nor more than $500. Any person convicted under paragraphs (a),
22		(a-5), or (b) of this Section shall be ordered to alter any
23		nonconforming windows into compliance with this Section.
24		(k) Nothing in this Section shall create a cause of action
25		on behalf of a buyer against a vehicle dealer or manufacturer
26		who sells a motor vehicle with a window which is in violation

SB3733 Engrossed - 1522 - LRB096 19592 AMC 34984 b
1		of this Section.
2		(l) (k) The Secretary of State shall provide a notice of
3		the requirements of this Section to a new resident applying for
4		vehicle registration in this State pursuant to Section 3-801 of
5		this Code. The Secretary of State may comply with this
6		subsection by posting the requirements of this Section on the
7		Secretary of State's website.
8		(Source: P.A. 95-202, eff. 8-16-07; 96-530, eff. 1-1-10;
9		96-815, eff. 10-30-09; revised 11-9-09.)
10		(625 ILCS 5/12-610.2)
11		Sec. 12-610.2. Electronic communication devices.
12		(a) As used in this Section:
13		"Electronic communication device" means an electronic
14		device, including but not limited to a wireless telephone,
15		personal digital assistant, or a portable or mobile computer
16		while being used for the purpose of composing, reading, or
17		sending an electronic message, but does not include a global
18		positioning system or navigation system or a device that is
19		physically or electronically integrated into the motor
20		vehicle.
21		"Electronic message" means a self-contained piece of
22		digital communication that is designed or intended to be
23		transmitted between physical devices. "Electronic message"
24		includes, but is not limited to electronic mail, a text
25		message, an instant message, or a command or request to access

SB3733 Engrossed - 1523 - LRB096 19592 AMC 34984 b
1		an Internet site.
2		(b) A person may not operate a motor vehicle on a roadway
3		while using an electronic communication device to compose,
4		send, or read an electronic message.
5		(c) A violation of this Section is an offense against
6		traffic regulations governing the movement of vehicles.
7		(d) This Section does not apply to:
8		(1) a law enforcement officer or operator of an
9		emergency vehicle while performing his or her official
10		duties;
11		(2) a driver using an electronic communication device
12		for the sole purpose of reporting an emergency situation
13		and continued communication with emergency personnel
14		during the emergency situation;
15		(3) a driver using an electronic communication device
16		in hands-free or voice-activated mode; or
17		(4) a driver of a commercial motor vehicle reading a
18		message displayed on a permanently installed communication
19		device designed for a commercial motor vehicle with a
20		screen that does not exceed 10 inches tall by 10 inches
21		wide in size;
22		(5) a driver using an electronic communication device
23		while parked on the shoulder of a roadway; or
24		(6) a driver using an electronic communication device
25		when the vehicle is stopped due to normal traffic being
26		obstructed and the driver has the motor vehicle

SB3733 Engrossed - 1524 - LRB096 19592 AMC 34984 b
1		transmission in neutral or park.
2		(Source: P.A. 96-130, eff. 1-1-10; revised 11-4-09.)
3		(625 ILCS 5/12-821)
4		(Text of Section before amendment by P.A. 96-410)
5		Sec. 12-821. Display of telephone number; complaint calls.
6		(a) Each school bus shall display at the rear of the bus a
7		sign, with letters and numerals readily visible and readable,
8		indicating the area code and telephone number of the owner of
9		the school bus, regardless of whether the owner is a school
10		district or another person or entity. The sign shall be in the
11		following form:
12		"TO COMMENT ON MY DRIVING, CALL (area code and telephone
13		number of school bus owner)".
14		A school bus owner who placed a sign conforming to the
15		requirements of Public Act 95-176 on a school bus before
16		January 1, 2010 (the effective date of Public Act 96-655) this
17		amendatory Act of the 96th General Assembly may continue to use
18		that sign on that school bus rather than a sign that conforms
19		to the requirements of Public Act 96-655 this amendatory Act of
20		the 96th General Assembly; however, if the school bus owner
21		replaces that sign, the replacement sign shall conform to the
22		requirements of Public Act 96-655 this amendatory Act of the
23		96th General Assembly.
24		(b) The owner of each school bus shall establish procedures
25		for accepting the calls provided for under subsection (a) and

SB3733 Engrossed - 1525 - LRB096 19592 AMC 34984 b
1		for taking complaints.
2		(c) The procedures established under subsection (b) shall
3		include, but not be limited to:
4		(1) an internal investigation of the events that led to
5		each complaint; and
6		(2) a report to the complaining party on the results of
7		the investigation and the action taken, if any.
8		(Source: P.A. 95-176, eff. 1-1-08; 96-655, eff. 1-1-10.)
9		(Text of Section after amendment by P.A. 96-410)
10		Sec. 12-821. Display of telephone number; complaint calls.
11		(a) Each school bus and multifunction school-activity bus
12		shall display at the rear of the bus a sign, with letters and
13		numerals readily visible and readable, indicating the area code
14		and telephone number of the owner of the bus, regardless of
15		whether the owner is a school district or another person or
16		entity. The sign shall be in the following form:
17		"TO COMMENT ON MY DRIVING, CALL (area code and telephone
18		number of bus owner)".
19		A school bus owner who placed a sign conforming to the
20		requirements of Public Act 95-176 on a school bus before
21		January 1, 2010 (the effective date of Public Act 96-655) this
22		amendatory Act of the 96th General Assembly may continue to use
23		that sign on that school bus rather than a sign that conforms
24		to the requirements of Public Act 96-655 this amendatory Act of
25		the 96th General Assembly; however, if the school bus owner

SB3733 Engrossed - 1526 - LRB096 19592 AMC 34984 b
1		replaces that sign, the replacement sign shall conform to the
2		requirements of Public Act 96-655 this amendatory Act of the
3		96th General Assembly.
4		(b) The owner of each school bus or multifunction
5		school-activity bus shall establish procedures for accepting
6		the calls provided for under subsection (a) and for taking
7		complaints.
8		(c) The procedures established under subsection (b) shall
9		include, but not be limited to:
10		(1) an internal investigation of the events that led to
11		each complaint; and
12		(2) a report to the complaining party on the results of
13		the investigation and the action taken, if any.
14		(Source: P.A. 95-176, eff. 1-1-08; 96-410, eff. 7-1-10; 96-655,
15		eff. 1-1-10; revised 9-25-09.)
16		(625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
17		Sec. 15-102. Width of Vehicles.
18		(a) On Class III and non-designated State and local
19		highways, the total outside width of any vehicle or load
20		thereon shall not exceed 8 feet 6 inches.
21		(b) Except during those times when, due to insufficient
22		light or unfavorable atmospheric conditions, persons and
23		vehicles on the highway are not clearly discernible at a
24		distance of 1000 feet, the following vehicles may exceed the 8
25		feet 6 inch limitation during the period from a half hour

SB3733 Engrossed - 1527 - LRB096 19592 AMC 34984 b
1		before sunrise to a half hour after sunset:
2		(1) Loads of hay, straw or other similar farm products
3		provided that the load is not more than 12 feet wide.
4		(2) Implements of husbandry being transported on
5		another vehicle and the transporting vehicle while loaded.
6		The following requirements apply to the transportation
7		on another vehicle of an implement of husbandry wider than
8		8 feet 6 inches on the National System of Interstate and
9		Defense Highways or other highways in the system of State
10		highways:
11		(A) The driver of a vehicle transporting an
12		implement of husbandry that exceeds 8 feet 6 inches in
13		width shall obey all traffic laws and shall check the
14		roadways prior to making a movement in order to ensure
15		that adequate clearance is available for the movement.
16		It is prima facie evidence that the driver of a vehicle
17		transporting an implement of husbandry has failed to
18		check the roadway prior to making a movement if the
19		vehicle is involved in a collision with a bridge,
20		overpass, fixed structure, or properly placed traffic
21		control device or if the vehicle blocks traffic due to
22		its inability to proceed because of a bridge, overpass,
23		fixed structure, or properly placed traffic control
24		device.
25		(B) Flags shall be displayed so as to wave freely
26		at the extremities of overwidth objects and at the

SB3733 Engrossed - 1528 - LRB096 19592 AMC 34984 b
1		extreme ends of all protrusions, projections, and
2		overhangs. All flags shall be clean, bright red flags
3		with no advertising, wording, emblem, or insignia
4		inscribed upon them and at least 18 inches square.
5		(C) "OVERSIZE LOAD" signs are mandatory on the
6		front and rear of all vehicles with loads over 10 feet
7		wide. These signs must have 12-inch high black letters
8		with a 2-inch stroke on a yellow sign that is 7 feet
9		wide by 18 inches high.
10		(D) One civilian escort vehicle is required for a
11		load that exceeds 14 feet 6 inches in width and 2
12		civilian escort vehicles are required for a load that
13		exceeds 16 feet in width on the National System of
14		Interstate and Defense Highways or other highways in
15		the system of State highways.
16		(E) The requirements for a civilian escort vehicle
17		and driver are as follows:
18		(1) The civilian escort vehicle shall be a
19		passenger car or a second division vehicle not
20		exceeding a gross vehicle weight of 8,000 pounds
21		that is designed to afford clear and unobstructed
22		vision to both front and rear.
23		(2) The escort vehicle driver must be properly
24		licensed to operate the vehicle.
25		(3) While in use, the escort vehicle must be
26		equipped with illuminated rotating, oscillating,

SB3733 Engrossed - 1529 - LRB096 19592 AMC 34984 b
1		or flashing amber lights or flashing amber strobe
2		lights mounted on top that are of sufficient
3		intensity to be visible at 500 feet in normal
4		sunlight.
5		(4) "OVERSIZE LOAD" signs are mandatory on all
6		escort vehicles. The sign on an escort vehicle
7		shall have 8-inch high black letters on a yellow
8		sign that is 5 feet wide by 12 inches high.
9		(5) When only one escort vehicle is required
10		and it is operating on a two-lane highway, the
11		escort vehicle shall travel approximately 300 feet
12		ahead of the load. The rotating, oscillating, or
13		flashing lights or flashing amber strobe lights
14		and an "OVERSIZE LOAD" sign shall be displayed on
15		the escort vehicle and shall be visible from the
16		front. When only one escort vehicle is required and
17		it is operating on a multilane divided highway, the
18		escort vehicle shall travel approximately 300 feet
19		behind the load and the sign and lights shall be
20		visible from the rear.
21		(6) When 2 escort vehicles are required, one
22		escort shall travel approximately 300 feet ahead
23		of the load and the second escort shall travel
24		approximately 300 feet behind the load. The
25		rotating, oscillating, or flashing lights or
26		flashing amber strobe lights and an "OVERSIZE

SB3733 Engrossed - 1530 - LRB096 19592 AMC 34984 b
1		LOAD" sign shall be displayed on the escort
2		vehicles and shall be visible from the front on the
3		lead escort and from the rear on the trailing
4		escort.
5		(7) When traveling within the corporate limits
6		of a municipality, the escort vehicle shall
7		maintain a reasonable and proper distance from the
8		oversize load, consistent with existing traffic
9		conditions.
10		(8) A separate escort shall be provided for
11		each load hauled.
12		(9) The driver of an escort vehicle shall obey
13		all traffic laws.
14		(10) The escort vehicle must be in safe
15		operational condition.
16		(11) The driver of the escort vehicle must be
17		in radio contact with the driver of the vehicle
18		carrying the oversize load.
19		(F) A transport vehicle while under load of more
20		than 8 feet 6 inches in width must be equipped with an
21		illuminated rotating, oscillating, or flashing amber
22		light or lights or a flashing amber strobe light or
23		lights mounted on the top of the cab that are of
24		sufficient intensity to be visible at 500 feet in
25		normal sunlight. If the load on the transport vehicle
26		blocks the visibility of the amber lighting from the

SB3733 Engrossed - 1531 - LRB096 19592 AMC 34984 b
1		rear of the vehicle, the vehicle must also be equipped
2		with an illuminated rotating, oscillating, or flashing
3		amber light or lights or a flashing amber strobe light
4		or lights mounted on the rear of the load that are of
5		sufficient intensity to be visible at 500 feet in
6		normal sunlight.
7		(G) When a flashing amber light is required on the
8		transport vehicle under load and it is operating on a
9		two-lane highway, the transport vehicle shall display
10		to the rear at least one rotating, oscillating, or
11		flashing light or a flashing amber strobe light and an
12		"OVERSIZE LOAD" sign. When a flashing amber light is
13		required on the transport vehicle under load and it is
14		operating on a multilane divided highway, the sign and
15		light shall be visible from the rear.
16		(H) Maximum speed shall be 45 miles per hour on all
17		such moves or 5 miles per hour above the posted minimum
18		speed limit, whichever is greater, but the vehicle
19		shall not at any time exceed the posted maximum speed
20		limit.
21		(3) Portable buildings designed and used for
22		agricultural and livestock raising operations that are not
23		more than 14 feet wide and with not more than a 1 foot
24		overhang along the left side of the hauling vehicle.
25		However, the buildings shall not be transported more than
26		10 miles and not on any route that is part of the National

SB3733 Engrossed - 1532 - LRB096 19592 AMC 34984 b
1		System of Interstate and Defense Highways.
2		All buildings when being transported shall display at least
3		2 red cloth flags, not less than 12 inches square, mounted as
4		high as practicable on the left and right side of the building.
5		A State Police escort shall be required if it is necessary
6		for this load to use part of the left lane when crossing any 2
7		laned State highway bridge.
8		(c) Vehicles propelled by electric power obtained from
9		overhead trolley wires operated wholly within the corporate
10		limits of a municipality are also exempt from the width
11		limitation.
12		(d) (Blank). Exemptions are also granted to vehicles
13		designed for the carrying of more than 10 persons under the
14		following conditions:
15		(1) (Blank);
16		(2) (Blank); or
17		(3) (Blank).
18		(d-1) A recreational vehicle, as defined in Section 1-169,
19		may exceed 8 feet 6 inches in width if:
20		(1) the excess width is attributable to appurtenances
21		that extend 6 inches or less beyond either side of the body
22		of the vehicle; and
23		(2) the roadway on which the vehicle is traveling has
24		marked lanes for vehicular traffic that are at least 11
25		feet in width.
26		As used in this subsection (d-1) and in subsection (d-2),

SB3733 Engrossed - 1533 - LRB096 19592 AMC 34984 b
1		the term appurtenance includes (i) a retracted awning and its
2		support hardware and (ii) any appendage that is intended to be
3		an integral part of a recreation vehicle.
4		(d-2) A recreational vehicle that exceeds 8 feet 6 inches
5		in width as provided in subsection (d-1) may travel any roadway
6		of the State if the vehicle is being operated between a roadway
7		permitted under subsection (d-1) and:
8		(1) the location where the recreation vehicle is
9		garaged;
10		(2) the destination of the recreation vehicle; or
11		(3) a facility for food, fuel, repair, services, or
12		rest.
13		(e) A vehicle and load traveling upon the National System
14		of Interstate and Defense Highways or any other highway in the
15		system of State highways that has been designated as a Class I
16		or Class II highway by the Department, or any street or highway
17		designated by local authorities, may have a total outside width
18		of 8 feet 6 inches, provided that certain safety devices that
19		the Department determines as necessary for the safe and
20		efficient operation of motor vehicles shall not be included in
21		the calculation of width.
22		Section 5-35 of the Illinois Administrative Procedure Act
23		relating to procedures for rulemaking shall not apply to the
24		designation of highways under this paragraph (e).
25		(f) Mirrors required by Section 12-502 of this Code and
26		other safety devices identified by the Department may project

SB3733 Engrossed - 1534 - LRB096 19592 AMC 34984 b
1		up to 14 inches beyond each side of a bus and up to 6 inches
2		beyond each side of any other vehicle, and that projection
3		shall not be deemed a violation of the width restrictions of
4		this Section.
5		(g) Any person who is convicted of violating this Section
6		is subject to the penalty as provided in paragraph (b) of
7		Section 15-113.
8		(Source: P.A. 96-34, eff. 1-1-10; 96-37, eff. 7-13-09; 96-220,
9		eff. 1-1-10; revised 9-4-09.)
10		(625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
11		Sec. 15-113. Violations; Penalties.
12		(a) Whenever any vehicle is operated in violation of the
13		provisions of Section 15-111 or subsection (d) of Section
14		3-401, the owner or driver of such vehicle shall be deemed
15		guilty of such violation and either the owner or the driver of
16		such vehicle may be prosecuted for such violation. Any person
17		charged with a violation of any of these provisions who pleads
18		not guilty shall be present in court for the trial on the
19		charge. Any person, firm or corporation convicted of any
20		violation of Section 15-111 including, but not limited to, a
21		maximum axle or gross limit specified on a regulatory sign
22		posted in accordance with paragraph (g) or (h) of Section
23		15-111, shall be fined according to the following schedule:
24		Up to and including 2000 pounds overweight, the fine is = $100

SB3733 Engrossed - 1535 - LRB096 19592 AMC 34984 b
1		From 2001 through 2500 pounds overweight, = the fine is $270
2		From 2501 through 3000 pounds overweight, = the fine is $330
3		From 3001 through 3500 pounds overweight, = the fine is $520
4		From 3501 through 4000 pounds overweight, = the fine is $600
5		From 4001 through 4500 pounds overweight, = the fine is $850
6		From 4501 through 5000 pounds overweight, = the fine is $950
7		From 5001 or more pounds overweight, = the fine shall be
8		computed by assessing $1500 for the first 5000 pounds
9		overweight and $150 for each additional increment of 500 pounds
10		overweight or fraction thereof.
11		In addition any person, firm or corporation convicted of 4
12		or more violations of Section 15-111 within any 12 month period
13		shall be fined an additional amount of $5,000 for the fourth
14		and each subsequent conviction within the 12 month period.
15		Provided, however, that with regard to a firm or corporation, a
16		fourth or subsequent conviction shall mean a fourth or
17		subsequent conviction attributable to any one employee-driver.
18		(b) Whenever any vehicle is operated in violation of the

SB3733 Engrossed - 1536 - LRB096 19592 AMC 34984 b
1		provisions of Sections 15-102, 15-103 or 15-107, the owner or
2		driver of such vehicle shall be deemed guilty of such violation
3		and either may be prosecuted for such violation. Any person,
4		firm or corporation convicted of any violation of Sections
5		15-102, 15-103 or 15-107 shall be fined for the first or second
6		conviction an amount equal to not less than $50 nor more than
7		$500, and for the third and subsequent convictions by the same
8		person, firm or corporation within a period of one year after
9		the date of the first offense, not less than $500 nor more than
10		$1,000.
11		(c) All proceeds of the additional fines imposed by this
12		amendatory Act of the 96th General Assembly shall be deposited
13		into the Capital Projects Fund.
14		(Source: P.A. 96-34, eff. 1-1-10; revised 11-4-09.)
15		Section 580. The Snowmobile Registration and Safety Act is
16		amended by changing Section 5-7 as follows:
17		(625 ILCS 40/5-7)
18		Sec. 5-7. Operating a snowmobile while under the influence
19		of alcohol or other drug or drugs, intoxicating compound or
20		compounds, or a combination of them; criminal penalties;
21		suspension of operating privileges.
22		(a) A person may not operate or be in actual physical
23		control of a snowmobile within this State while:
24		1. The alcohol concentration in that person's blood or

SB3733 Engrossed - 1537 - LRB096 19592 AMC 34984 b
1		breath is a concentration at which driving a motor vehicle
2		is prohibited under subdivision (1) of subsection (a) of
3		Section 11-501 of the Illinois Vehicle Code;
4		2. The person is under the influence of alcohol;
5		3. The person is under the influence of any other drug
6		or combination of drugs to a degree that renders that
7		person incapable of safely operating a snowmobile;
8		3.1. The person is under the influence of any
9		intoxicating compound or combination of intoxicating
10		compounds to a degree that renders the person incapable of
11		safely operating a snowmobile;
12		4. The person is under the combined influence of
13		alcohol and any other drug or drugs or intoxicating
14		compound or compounds to a degree that renders that person
15		incapable of safely operating a snowmobile; or
16		5. There is any amount of a drug, substance, or
17		compound in that person's breath, blood, or urine resulting
18		from the unlawful use or consumption of cannabis listed in
19		the Cannabis Control Act, controlled substance listed in
20		the Illinois Controlled Substances Act, or intoxicating
21		compound listed in the use of Intoxicating Compounds Act.
22		(b) The fact that a person charged with violating this
23		Section is or has been legally entitled to use alcohol, other
24		drug or drugs, any intoxicating compound or compounds, or any
25		combination of them does not constitute a defense against a
26		charge of violating this Section.

SB3733 Engrossed - 1538 - LRB096 19592 AMC 34984 b
1		(c) Every person convicted of violating this Section or a
2		similar provision of a local ordinance is guilty of a Class A
3		misdemeanor, except as otherwise provided in this Section.
4		(c-1) As used in this Section, "first time offender" means
5		any person who has not had a previous conviction or been
6		assigned supervision for violating this Section or a similar
7		provision of a local ordinance, or any person who has not had a
8		suspension imposed under subsection (e) of Section 5-7.1.
9		(c-2) For purposes of this Section, the following are
10		equivalent to a conviction:
11		(1) a forfeiture of bail or collateral deposited to
12		secure a defendant's appearance in court when forfeiture
13		has not been vacated; or
14		(2) the failure of a defendant to appear for trial.
15		(d) Every person convicted of violating this Section is
16		guilty of a Class 4 felony if:
17		1. The person has a previous conviction under this
18		Section;
19		2. The offense results in personal injury where a
20		person other than the operator suffers great bodily harm or
21		permanent disability or disfigurement, when the violation
22		was a proximate cause of the injuries. A person guilty of a
23		Class 4 felony under this paragraph 2, if sentenced to a
24		term of imprisonment, shall be sentenced to not less than
25		one year nor more than 12 years; or
26		3. The offense occurred during a period in which the

SB3733 Engrossed - 1539 - LRB096 19592 AMC 34984 b
1		person's privileges to operate a snowmobile are revoked or
2		suspended, and the revocation or suspension was for a
3		violation of this Section or was imposed under Section
4		5-7.1.
5		(e) Every person convicted of violating this Section is
6		guilty of a Class 2 felony if the offense results in the death
7		of a person. A person guilty of a Class 2 felony under this
8		subsection (e), if sentenced to a term of imprisonment, shall
9		be sentenced to a term of not less than 3 years and not more
10		than 14 years.
11		(e-1) Every person convicted of violating this Section or a
12		similar provision of a local ordinance who had a child under
13		the age of 16 on board the snowmobile at the time of offense
14		shall be subject to a mandatory minimum fine of $500 and shall
15		be subject to a mandatory minimum of 5 days of community
16		service in a program benefiting children. The assignment under
17		this subsection shall not be subject to suspension nor shall
18		the person be eligible for probation in order to reduce the
19		assignment.
20		(e-2) Every person found guilty of violating this Section,
21		whose operation of a snowmobile while in violation of this
22		Section proximately caused any incident resulting in an
23		appropriate emergency response, shall be liable for the expense
24		of an emergency response as provided in subsection (i) (m) of
25		Section 11-501.01 11-501 of the Illinois Vehicle Code.
26		(e-3) In addition to any other penalties and liabilities, a

SB3733 Engrossed - 1540 - LRB096 19592 AMC 34984 b
1		person who is found guilty of violating this Section, including
2		any person placed on court supervision, shall be fined $100,
3		payable to the circuit clerk, who shall distribute the money to
4		the law enforcement agency that made the arrest. In the event
5		that more than one agency is responsible for the arrest, the
6		$100 shall be shared equally. Any moneys received by a law
7		enforcement agency under this subsection (e-3) shall be used to
8		purchase law enforcement equipment or to provide law
9		enforcement training that will assist in the prevention of
10		alcohol related criminal violence throughout the State. Law
11		enforcement equipment shall include, but is not limited to,
12		in-car video cameras, radar and laser speed detection devices,
13		and alcohol breath testers.
14		(f) In addition to any criminal penalties imposed, the
15		Department of Natural Resources shall suspend the snowmobile
16		operation privileges of a person convicted or found guilty of a
17		misdemeanor under this Section for a period of one year, except
18		that first-time offenders are exempt from this mandatory one
19		year suspension.
20		(g) In addition to any criminal penalties imposed, the
21		Department of Natural Resources shall suspend for a period of 5
22		years the snowmobile operation privileges of any person
23		convicted or found guilty of a felony under this Section.
24		(Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07;
25		revised 11-4-09.)

SB3733 Engrossed - 1541 - LRB096 19592 AMC 34984 b
1		Section 585. The Clerks of Courts Act is amended by
2		changing Section 27.5 as follows:
3		(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
4		Sec. 27.5. (a) All fees, fines, costs, additional
5		penalties, bail balances assessed or forfeited, and any other
6		amount paid by a person to the circuit clerk that equals an
7		amount less than $55, except restitution under Section 5-5-6 of
8		the Unified Code of Corrections, reimbursement for the costs of
9		an emergency response as provided under Section 11-501 of the
10		Illinois Vehicle Code, any fees collected for attending a
11		traffic safety program under paragraph (c) of Supreme Court
12		Rule 529, any fee collected on behalf of a State's Attorney
13		under Section 4-2002 of the Counties Code or a sheriff under
14		Section 4-5001 of the Counties Code, or any cost imposed under
15		Section 124A-5 of the Code of Criminal Procedure of 1963, for
16		convictions, orders of supervision, or any other disposition
17		for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
18		Vehicle Code, or a similar provision of a local ordinance, and
19		any violation of the Child Passenger Protection Act, or a
20		similar provision of a local ordinance, and except as otherwise
21		provided in this Section in subsection (b) shall be disbursed
22		within 60 days after receipt by the circuit clerk as follows:
23		47% shall be disbursed to the entity authorized by law to
24		receive the fine imposed in the case; 12% shall be disbursed to
25		the State Treasurer; and 41% shall be disbursed to the county's

SB3733 Engrossed - 1542 - LRB096 19592 AMC 34984 b
1		general corporate fund. Of the 12% disbursed to the State
2		Treasurer, 1/6 shall be deposited by the State Treasurer into
3		the Violent Crime Victims Assistance Fund, 1/2 shall be
4		deposited into the Traffic and Criminal Conviction Surcharge
5		Fund, and 1/3 shall be deposited into the Drivers Education
6		Fund. For fiscal years 1992 and 1993, amounts deposited into
7		the Violent Crime Victims Assistance Fund, the Traffic and
8		Criminal Conviction Surcharge Fund, or the Drivers Education
9		Fund shall not exceed 110% of the amounts deposited into those
10		funds in fiscal year 1991. Any amount that exceeds the 110%
11		limit shall be distributed as follows: 50% shall be disbursed
12		to the county's general corporate fund and 50% shall be
13		disbursed to the entity authorized by law to receive the fine
14		imposed in the case. Not later than March 1 of each year the
15		circuit clerk shall submit a report of the amount of funds
16		remitted to the State Treasurer under this Section during the
17		preceding year based upon independent verification of fines and
18		fees. All counties shall be subject to this Section, except
19		that counties with a population under 2,000,000 may, by
20		ordinance, elect not to be subject to this Section. For
21		offenses subject to this Section, judges shall impose one total
22		sum of money payable for violations. The circuit clerk may add
23		on no additional amounts except for amounts that are required
24		by Sections 27.3a and 27.3c of this Act, Section 16-104c of the
25		Illinois Vehicle Code, and subsection (a) of Section 5-1101 of
26		the Counties Code, unless those amounts are specifically waived

SB3733 Engrossed - 1543 - LRB096 19592 AMC 34984 b
1		by the judge. With respect to money collected by the circuit
2		clerk as a result of forfeiture of bail, ex parte judgment or
3		guilty plea pursuant to Supreme Court Rule 529, the circuit
4		clerk shall first deduct and pay amounts required by Sections
5		27.3a and 27.3c of this Act. Unless a court ordered payment
6		schedule is implemented or fee requirements are waived pursuant
7		to a court order, the circuit clerk may add to any unpaid fees
8		and costs a delinquency amount equal to 5% of the unpaid fees
9		that remain unpaid after 30 days, 10% of the unpaid fees that
10		remain unpaid after 60 days, and 15% of the unpaid fees that
11		remain unpaid after 90 days. Notice to those parties may be
12		made by signage posting or publication. The additional
13		delinquency amounts collected under this Section shall be
14		deposited in the Circuit Court Clerk Operation and
15		Administrative Fund to be used to defray administrative costs
16		incurred by the circuit clerk in performing the duties required
17		to collect and disburse funds. This Section is a denial and
18		limitation of home rule powers and functions under subsection
19		(h) of Section 6 of Article VII of the Illinois Constitution.
20		(b) The following amounts must be remitted to the State
21		Treasurer for deposit into the Illinois Animal Abuse Fund:
22		(1) 50% of the amounts collected for felony offenses
23		under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
24		5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
25		Animals Act and Section 26-5 of the Criminal Code of 1961;
26		(2) 20% of the amounts collected for Class A and Class

SB3733 Engrossed - 1544 - LRB096 19592 AMC 34984 b
1		B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
2		5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
3		for Animals Act and Section 26-5 of the Criminal Code of
4		1961; and
5		(3) 50% of the amounts collected for Class C
6		misdemeanors under Sections 4.01 and 7.1 of the Humane Care
7		for Animals Act and Section 26-5 of the Criminal Code of
8		1961.
9		(c) Any person who receives a disposition of court
10		supervision for a violation of the Illinois Vehicle Code or a
11		similar provision of a local ordinance shall, in addition to
12		any other fines, fees, and court costs, pay an additional fee
13		of $29, to be disbursed as provided in Section 16-104c of the
14		Illinois Vehicle Code. In addition to the fee of $29, the
15		person shall also pay a fee of $6, if not waived by the court.
16		If this $6 fee is collected, $5.50 of the fee shall be
17		deposited into the Circuit Court Clerk Operation and
18		Administrative Fund created by the Clerk of the Circuit Court
19		and 50 cents of the fee shall be deposited into the Prisoner
20		Review Board Vehicle and Equipment Fund in the State treasury.
21		(d) Any person convicted of, pleading guilty to, or placed
22		on supervision for a serious traffic violation, as defined in
23		Section 1-187.001 of the Illinois Vehicle Code, a violation of
24		Section 11-501 of the Illinois Vehicle Code, or a violation of
25		a similar provision of a local ordinance shall pay an
26		additional fee of $20, to be disbursed as provided in Section

SB3733 Engrossed - 1545 - LRB096 19592 AMC 34984 b
1		16-104d of that Code.
2		This subsection Subsection (d) becomes inoperative 7 years
3		after the effective date of Public Act 95-154.
4		(e) In all counties having a population of 3,000,000 or
5		more inhabitants: ,
6		(1) (e-1) A person who is found guilty of or pleads
7		guilty to violating subsection (a) of Section 11-501 of the
8		Illinois Vehicle Code, including any person placed on court
9		supervision for violating subsection (a), shall be fined
10		$500 as provided for by subsection (f) of Section 11-501.01
11		of the Illinois Vehicle Code, payable to the circuit clerk,
12		who shall distribute the money pursuant to subsection (f)
13		of Section 11-501.01 of the Illinois Vehicle Code.
14		(2) (e-2) When a crime laboratory DUI analysis fee of
15		$150, provided for by Section 5-9-1.9 of the Unified Code
16		of Corrections is assessed, it shall be disbursed by the
17		circuit clerk as provided by subsection (f) of Section
18		5-9-1.9 of the Unified Code of Corrections.
19		(3) (e-3) When a fine for a violation of subsection (a)
20		of Section 11-605 of the Illinois Vehicle Code is $150 or
21		greater, the additional $50 which is charged as provided
22		for by subsection (f) of Section 11-605 of the Illinois
23		Vehicle Code shall be disbursed by the circuit clerk to a
24		school district or districts for school safety purposes as
25		provided by subsection (f) of Section 11-605.
26		(4) (e-3.5) When a fine for a violation of subsection

SB3733 Engrossed - 1546 - LRB096 19592 AMC 34984 b
1		(a) of Section 11-1002.5 of the Illinois Vehicle Code is
2		$150 or greater, the additional $50 which is charged as
3		provided for by subsection (c) of Section 11-1002.5 of the
4		Illinois Vehicle Code shall be disbursed by the circuit
5		clerk to a school district or districts for school safety
6		purposes as provided by subsection (c) of Section 11-1002.5
7		of the Illinois Vehicle Code.
8		(5) (e-4) When a mandatory drug court fee of up to $5
9		is assessed as provided in subsection (f) of Section 5-1101
10		of the Counties Code, it shall be disbursed by the circuit
11		clerk as provided in subsection (f) of Section 5-1101 of
12		the Counties Code.
13		(6) (e-5) When a mandatory teen court, peer jury, youth
14		court, or other youth diversion program fee is assessed as
15		provided in subsection (e) of Section 5-1101 of the
16		Counties Code, it shall be disbursed by the circuit clerk
17		as provided in subsection (e) of Section 5-1101 of the
18		Counties Code.
19		(7) (e-6) When a Children's Advocacy Center fee is
20		assessed pursuant to subsection (f-5) of Section 5-1101 of
21		the Counties Code, it shall be disbursed by the circuit
22		clerk as provided in subsection (f-5) of Section 5-1101 of
23		the Counties Code.
24		(8) (e-7) When a victim impact panel fee is assessed
25		pursuant to subsection (b) of Section 11-501.01 of the
26		Illinois Vehicle Code, it shall be disbursed by the circuit

SB3733 Engrossed - 1547 - LRB096 19592 AMC 34984 b
1		clerk to the victim impact panel to be attended by the
2		defendant.
3		(9) (e-8) When a new fee collected in traffic cases is
4		enacted after January 1, 2010 (the effective date of Public
5		Act 96-735) this amendatory Act of the 96th General
6		Assembly, it shall be excluded from the percentage
7		disbursement provisions of this Section unless otherwise
8		indicated by law.
9		(f) (e) Any person who receives a disposition of court
10		supervision for a violation of Section 11-501 of the Illinois
11		Vehicle Code shall, in addition to any other fines, fees, and
12		court costs, pay an additional fee of $50, which shall be
13		collected by the circuit clerk and then remitted to the State
14		Treasurer for deposit into the Roadside Memorial Fund, a
15		special fund in the State treasury. However, the court may
16		waive the fee if full restitution is complied with. Subject to
17		appropriation, all moneys in the Roadside Memorial Fund shall
18		be used by the Department of Transportation to pay fees imposed
19		under subsection (f) of Section 20 of the Roadside Memorial
20		Act. The fee shall be remitted by the circuit clerk within one
21		month after receipt to the State Treasurer for deposit into the
22		Roadside Memorial Fund.
23		(g) (e) For any conviction or disposition of court
24		supervision for a violation of Section 11-1429 of the Illinois
25		Vehicle Code, the circuit clerk shall distribute the fines paid
26		by the person as specified by subsection (h) of Section 11-1429

SB3733 Engrossed - 1548 - LRB096 19592 AMC 34984 b
1		of the Illinois Vehicle Code.
2		(Source: P.A. 95-154, eff. 10-13-07; 95-428, eff. 8-24-07;
3		95-876, eff. 8-21-08; 96-286, eff. 8-11-09; 96-576, eff.
4		8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735,
5		eff. 1-1-10; revised 12-28-09.)
6		Section 590. The Juvenile Court Act of 1987 is amended by
7		changing Sections 2-23 and 5-710 as follows:
8		(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
9		Sec. 2-23. Kinds of dispositional orders.
10		(1) The following kinds of orders of disposition may be
11		made in respect of wards of the court:
12		(a) A minor under 18 years of age found to be neglected
13		or abused under Section 2-3 or dependent under Section 2-4
14		may be (1) continued in the custody of his or her parents,
15		guardian or legal custodian; (2) placed in accordance with
16		Section 2-27; (3) restored to the custody of the parent,
17		parents, guardian, or legal custodian, provided the court
18		shall order the parent, parents, guardian, or legal
19		custodian to cooperate with the Department of Children and
20		Family Services and comply with the terms of an after-care
21		plan or risk the loss of custody of the child and the
22		possible termination of their parental rights; or (4)
23		ordered partially or completely emancipated in accordance
24		with the provisions of the Emancipation of Minors Act.

SB3733 Engrossed - 1549 - LRB096 19592 AMC 34984 b
1		However, in any case in which a minor is found by the
2		court to be neglected or abused under Section 2-3 of this
3		Act, custody of the minor shall not be restored to any
4		parent, guardian or legal custodian whose acts or omissions
5		or both have been identified, pursuant to subsection (1) of
6		Section 2-21, as forming the basis for the court's finding
7		of abuse or neglect, until such time as a hearing is held
8		on the issue of the best interests of the minor and the
9		fitness of such parent, guardian or legal custodian to care
10		for the minor without endangering the minor's health or
11		safety, and the court enters an order that such parent,
12		guardian or legal custodian is fit to care for the minor.
13		(b) A minor under 18 years of age found to be dependent
14		under Section 2-4 may be (1) placed in accordance with
15		Section 2-27 or (2) ordered partially or completely
16		emancipated in accordance with the provisions of the
17		Emancipation of Minors Act.
18		However, in any case in which a minor is found by the
19		court to be dependent under Section 2-4 of this Act,
20		custody of the minor shall not be restored to any parent,
21		guardian or legal custodian whose acts or omissions or both
22		have been identified, pursuant to subsection (1) of Section
23		2-21, as forming the basis for the court's finding of
24		dependency, until such time as a hearing is held on the
25		issue of the fitness of such parent, guardian or legal
26		custodian to care for the minor without endangering the

SB3733 Engrossed - 1550 - LRB096 19592 AMC 34984 b
1		minor's health or safety, and the court enters an order
2		that such parent, guardian or legal custodian is fit to
3		care for the minor.
4		(b-1) A minor between the ages of 18 and 21 may be
5		placed pursuant to Section 2-27 of this Act if (1) the
6		court has granted a supplemental petition to reinstate
7		wardship of the minor pursuant to subsection (2) of Section
8		2-33, or (2) the court has adjudicated the minor a ward of
9		the court, permitted the minor to return home under an
10		order of protection, and subsequently made a finding that
11		it is in the minor's best interest to vacate the order of
12		protection and commit the minor to the Department of
13		Children and Family Services for care and service.
14		(c) When the court awards guardianship to the
15		Department of Children and Family Services, the court shall
16		order the parents to cooperate with the Department of
17		Children and Family Services, comply with the terms of the
18		service plans, and correct the conditions that require the
19		child to be in care, or risk termination of their parental
20		rights.
21		(2) Any order of disposition may provide for protective
22		supervision under Section 2-24 and may include an order of
23		protection under Section 2-25.
24		Unless the order of disposition expressly so provides, it
25		does not operate to close proceedings on the pending petition,
26		but is subject to modification, not inconsistent with Section

SB3733 Engrossed - 1551 - LRB096 19592 AMC 34984 b
1		2-28, until final closing and discharge of the proceedings
2		under Section 2-31.
3		(3) The court also shall enter any other orders necessary
4		to fulfill the service plan, including, but not limited to, (i)
5		orders requiring parties to cooperate with services, (ii)
6		restraining orders controlling the conduct of any party likely
7		to frustrate the achievement of the goal, and (iii) visiting
8		orders. Unless otherwise specifically authorized by law, the
9		court is not empowered under this subsection (3) to order
10		specific placements, specific services, or specific service
11		providers to be included in the plan. If, after receiving
12		evidence, the court determines that the services contained in
13		the plan are not reasonably calculated to facilitate
14		achievement of the permanency goal, the court shall put in
15		writing the factual basis supporting the determination and
16		enter specific findings based on the evidence. The court also
17		shall enter an order for the Department to develop and
18		implement a new service plan or to implement changes to the
19		current service plan consistent with the court's findings. The
20		new service plan shall be filed with the court and served on
21		all parties within 45 days after the date of the order. The
22		court shall continue the matter until the new service plan is
23		filed. Unless otherwise specifically authorized by law, the
24		court is not empowered under this subsection (3) or under
25		subsection (2) to order specific placements, specific
26		services, or specific service providers to be included in the

SB3733 Engrossed - 1552 - LRB096 19592 AMC 34984 b
1		plan.
2		(4) In addition to any other order of disposition, the
3		court may order any minor adjudicated neglected with respect to
4		his or her own injurious behavior to make restitution, in
5		monetary or non-monetary form, under the terms and conditions
6		of Section 5-5-6 of the Unified Code of Corrections, except
7		that the "presentence hearing" referred to therein shall be the
8		dispositional hearing for purposes of this Section. The parent,
9		guardian or legal custodian of the minor may pay some or all of
10		such restitution on the minor's behalf.
11		(5) Any order for disposition where the minor is committed
12		or placed in accordance with Section 2-27 shall provide for the
13		parents or guardian of the estate of such minor to pay to the
14		legal custodian or guardian of the person of the minor such
15		sums as are determined by the custodian or guardian of the
16		person of the minor as necessary for the minor's needs. Such
17		payments may not exceed the maximum amounts provided for by
18		Section 9.1 of the Children and Family Services Act.
19		(6) Whenever the order of disposition requires the minor to
20		attend school or participate in a program of training, the
21		truant officer or designated school official shall regularly
22		report to the court if the minor is a chronic or habitual
23		truant under Section 26-2a of the School Code.
24		(7) The court may terminate the parental rights of a parent
25		at the initial dispositional hearing if all of the conditions
26		in subsection (5) of Section 2-21 are met.

SB3733 Engrossed - 1553 - LRB096 19592 AMC 34984 b
1		(Source: P.A. 95-331, eff. 8-21-07; 96-581, eff. 1-1-10;
2		96-600, eff. 8-21-09; revised 9-15-09.)
3		(705 ILCS 405/5-710)
4		Sec. 5-710. Kinds of sentencing orders.
5		(1) The following kinds of sentencing orders may be made in
6		respect of wards of the court:
7		(a) Except as provided in Sections 5-805, 5-810, 5-815,
8		a minor who is found guilty under Section 5-620 may be:
9		(i) put on probation or conditional discharge and
10		released to his or her parents, guardian or legal
11		custodian, provided, however, that any such minor who
12		is not committed to the Department of Juvenile Justice
13		under this subsection and who is found to be a
14		delinquent for an offense which is first degree murder,
15		a Class X felony, or a forcible felony shall be placed
16		on probation;
17		(ii) placed in accordance with Section 5-740, with
18		or without also being put on probation or conditional
19		discharge;
20		(iii) required to undergo a substance abuse
21		assessment conducted by a licensed provider and
22		participate in the indicated clinical level of care;
23		(iv) placed in the guardianship of the Department
24		of Children and Family Services, but only if the
25		delinquent minor is under 15 years of age or, pursuant

SB3733 Engrossed - 1554 - LRB096 19592 AMC 34984 b
1		to Article II of this Act, a minor for whom an
2		independent basis of abuse, neglect, or dependency
3		exists. An independent basis exists when the
4		allegations or adjudication of abuse, neglect, or
5		dependency do not arise from the same facts, incident,
6		or circumstances which give rise to a charge or
7		adjudication of delinquency;
8		(v) placed in detention for a period not to exceed
9		30 days, either as the exclusive order of disposition
10		or, where appropriate, in conjunction with any other
11		order of disposition issued under this paragraph,
12		provided that any such detention shall be in a juvenile
13		detention home and the minor so detained shall be 10
14		years of age or older. However, the 30-day limitation
15		may be extended by further order of the court for a
16		minor under age 15 committed to the Department of
17		Children and Family Services if the court finds that
18		the minor is a danger to himself or others. The minor
19		shall be given credit on the sentencing order of
20		detention for time spent in detention under Sections
21		5-501, 5-601, 5-710, or 5-720 of this Article as a
22		result of the offense for which the sentencing order
23		was imposed. The court may grant credit on a sentencing
24		order of detention entered under a violation of
25		probation or violation of conditional discharge under
26		Section 5-720 of this Article for time spent in

SB3733 Engrossed - 1555 - LRB096 19592 AMC 34984 b
1		detention before the filing of the petition alleging
2		the violation. A minor shall not be deprived of credit
3		for time spent in detention before the filing of a
4		violation of probation or conditional discharge
5		alleging the same or related act or acts;
6		(vi) ordered partially or completely emancipated
7		in accordance with the provisions of the Emancipation
8		of Minors Act;
9		(vii) subject to having his or her driver's license
10		or driving privileges suspended for such time as
11		determined by the court but only until he or she
12		attains 18 years of age;
13		(viii) put on probation or conditional discharge
14		and placed in detention under Section 3-6039 of the
15		Counties Code for a period not to exceed the period of
16		incarceration permitted by law for adults found guilty
17		of the same offense or offenses for which the minor was
18		adjudicated delinquent, and in any event no longer than
19		upon attainment of age 21; this subdivision (viii)
20		notwithstanding any contrary provision of the law;
21		(ix) ordered to undergo a medical or other
22		procedure to have a tattoo symbolizing allegiance to a
23		street gang removed from his or her body; or
24		(x) placed in electronic home detention under Part
25		7A of this Article.
26		(b) A minor found to be guilty may be committed to the

SB3733 Engrossed - 1556 - LRB096 19592 AMC 34984 b
1		Department of Juvenile Justice under Section 5-750 if the
2		minor is 13 years of age or older, provided that the
3		commitment to the Department of Juvenile Justice shall be
4		made only if a term of incarceration is permitted by law
5		for adults found guilty of the offense for which the minor
6		was adjudicated delinquent. The time during which a minor
7		is in custody before being released upon the request of a
8		parent, guardian or legal custodian shall be considered as
9		time spent in detention.
10		(c) When a minor is found to be guilty for an offense
11		which is a violation of the Illinois Controlled Substances
12		Act, the Cannabis Control Act, or the Methamphetamine
13		Control and Community Protection Act and made a ward of the
14		court, the court may enter a disposition order requiring
15		the minor to undergo assessment, counseling or treatment in
16		a substance abuse program approved by the Department of
17		Human Services.
18		(2) Any sentencing order other than commitment to the
19		Department of Juvenile Justice may provide for protective
20		supervision under Section 5-725 and may include an order of
21		protection under Section 5-730.
22		(3) Unless the sentencing order expressly so provides, it
23		does not operate to close proceedings on the pending petition,
24		but is subject to modification until final closing and
25		discharge of the proceedings under Section 5-750.
26		(4) In addition to any other sentence, the court may order

SB3733 Engrossed - 1557 - LRB096 19592 AMC 34984 b
1		any minor found to be delinquent to make restitution, in
2		monetary or non-monetary form, under the terms and conditions
3		of Section 5-5-6 of the Unified Code of Corrections, except
4		that the "presentencing hearing" referred to in that Section
5		shall be the sentencing hearing for purposes of this Section.
6		The parent, guardian or legal custodian of the minor may be
7		ordered by the court to pay some or all of the restitution on
8		the minor's behalf, pursuant to the Parental Responsibility
9		Law. The State's Attorney is authorized to act on behalf of any
10		victim in seeking restitution in proceedings under this
11		Section, up to the maximum amount allowed in Section 5 of the
12		Parental Responsibility Law.
13		(5) Any sentencing order where the minor is committed or
14		placed in accordance with Section 5-740 shall provide for the
15		parents or guardian of the estate of the minor to pay to the
16		legal custodian or guardian of the person of the minor such
17		sums as are determined by the custodian or guardian of the
18		person of the minor as necessary for the minor's needs. The
19		payments may not exceed the maximum amounts provided for by
20		Section 9.1 of the Children and Family Services Act.
21		(6) Whenever the sentencing order requires the minor to
22		attend school or participate in a program of training, the
23		truant officer or designated school official shall regularly
24		report to the court if the minor is a chronic or habitual
25		truant under Section 26-2a of the School Code. Notwithstanding
26		any other provision of this Act, in instances in which

SB3733 Engrossed - 1558 - LRB096 19592 AMC 34984 b
1		educational services are to be provided to a minor in a
2		residential facility where the minor has been placed by the
3		court, costs incurred in the provision of those educational
4		services must be allocated based on the requirements of the
5		School Code.
6		(7) In no event shall a guilty minor be committed to the
7		Department of Juvenile Justice for a period of time in excess
8		of that period for which an adult could be committed for the
9		same act.
10		(8) A minor found to be guilty for reasons that include a
11		violation of Section 21-1.3 of the Criminal Code of 1961 shall
12		be ordered to perform community service for not less than 30
13		and not more than 120 hours, if community service is available
14		in the jurisdiction. The community service shall include, but
15		need not be limited to, the cleanup and repair of the damage
16		that was caused by the violation or similar damage to property
17		located in the municipality or county in which the violation
18		occurred. The order may be in addition to any other order
19		authorized by this Section.
20		(8.5) A minor found to be guilty for reasons that include a
21		violation of Section 3.02 or Section 3.03 of the Humane Care
22		for Animals Act or paragraph (d) of subsection (1) of Section
23		21-1 of the Criminal Code of 1961 shall be ordered to undergo
24		medical or psychiatric treatment rendered by a psychiatrist or
25		psychological treatment rendered by a clinical psychologist.
26		The order may be in addition to any other order authorized by

SB3733 Engrossed - 1559 - LRB096 19592 AMC 34984 b
1		this Section.
2		(9) In addition to any other sentencing order, the court
3		shall order any minor found to be guilty for an act which would
4		constitute, predatory criminal sexual assault of a child,
5		aggravated criminal sexual assault, criminal sexual assault,
6		aggravated criminal sexual abuse, or criminal sexual abuse if
7		committed by an adult to undergo medical testing to determine
8		whether the defendant has any sexually transmissible disease
9		including a test for infection with human immunodeficiency
10		virus (HIV) or any other identified causative agency of
11		acquired immunodeficiency syndrome (AIDS). Any medical test
12		shall be performed only by appropriately licensed medical
13		practitioners and may include an analysis of any bodily fluids
14		as well as an examination of the minor's person. Except as
15		otherwise provided by law, the results of the test shall be
16		kept strictly confidential by all medical personnel involved in
17		the testing and must be personally delivered in a sealed
18		envelope to the judge of the court in which the sentencing
19		order was entered for the judge's inspection in camera. Acting
20		in accordance with the best interests of the victim and the
21		public, the judge shall have the discretion to determine to
22		whom the results of the testing may be revealed. The court
23		shall notify the minor of the results of the test for infection
24		with the human immunodeficiency virus (HIV). The court shall
25		also notify the victim if requested by the victim, and if the
26		victim is under the age of 15 and if requested by the victim's

SB3733 Engrossed - 1560 - LRB096 19592 AMC 34984 b
1		parents or legal guardian, the court shall notify the victim's
2		parents or the legal guardian, of the results of the test for
3		infection with the human immunodeficiency virus (HIV). The
4		court shall provide information on the availability of HIV
5		testing and counseling at the Department of Public Health
6		facilities to all parties to whom the results of the testing
7		are revealed. The court shall order that the cost of any test
8		shall be paid by the county and may be taxed as costs against
9		the minor.
10		(10) When a court finds a minor to be guilty the court
11		shall, before entering a sentencing order under this Section,
12		make a finding whether the offense committed either: (a) was
13		related to or in furtherance of the criminal activities of an
14		organized gang or was motivated by the minor's membership in or
15		allegiance to an organized gang, or (b) involved a violation of
16		subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
17		a violation of any Section of Article 24 of the Criminal Code
18		of 1961, or a violation of any statute that involved the
19		wrongful use of a firearm. If the court determines the question
20		in the affirmative, and the court does not commit the minor to
21		the Department of Juvenile Justice, the court shall order the
22		minor to perform community service for not less than 30 hours
23		nor more than 120 hours, provided that community service is
24		available in the jurisdiction and is funded and approved by the
25		county board of the county where the offense was committed. The
26		community service shall include, but need not be limited to,

SB3733 Engrossed - 1561 - LRB096 19592 AMC 34984 b
1		the cleanup and repair of any damage caused by a violation of
2		Section 21-1.3 of the Criminal Code of 1961 and similar damage
3		to property located in the municipality or county in which the
4		violation occurred. When possible and reasonable, the
5		community service shall be performed in the minor's
6		neighborhood. This order shall be in addition to any other
7		order authorized by this Section except for an order to place
8		the minor in the custody of the Department of Juvenile Justice.
9		For the purposes of this Section, "organized gang" has the
10		meaning ascribed to it in Section 10 of the Illinois Streetgang
11		Terrorism Omnibus Prevention Act.
12		(11) If the court determines that the offense was committed
13		in furtherance of the criminal activities of an organized gang,
14		as provided in subsection (10), and that the offense involved
15		the operation or use of a motor vehicle or the use of a
16		driver's license or permit, the court shall notify the
17		Secretary of State of that determination and of the period for
18		which the minor shall be denied driving privileges. If, at the
19		time of the determination, the minor does not hold a driver's
20		license or permit, the court shall provide that the minor shall
21		not be issued a driver's license or permit until his or her
22		18th birthday. If the minor holds a driver's license or permit
23		at the time of the determination, the court shall provide that
24		the minor's driver's license or permit shall be revoked until
25		his or her 21st birthday, or until a later date or occurrence
26		determined by the court. If the minor holds a driver's license

SB3733 Engrossed - 1562 - LRB096 19592 AMC 34984 b
1		at the time of the determination, the court may direct the
2		Secretary of State to issue the minor a judicial driving
3		permit, also known as a JDP. The JDP shall be subject to the
4		same terms as a JDP issued under Section 6-206.1 of the
5		Illinois Vehicle Code, except that the court may direct that
6		the JDP be effective immediately.
7		(12) If a minor is found to be guilty of a violation of
8		subsection (a-7) of Section 1 of the Prevention of Tobacco Use
9		by Minors Act, the court may, in its discretion, and upon
10		recommendation by the State's Attorney, order that minor and
11		his or her parents or legal guardian to attend a smoker's
12		education or youth diversion program as defined in that Act if
13		that program is available in the jurisdiction where the
14		offender resides. Attendance at a smoker's education or youth
15		diversion program shall be time-credited against any community
16		service time imposed for any first violation of subsection
17		(a-7) of Section 1 of that Act. In addition to any other
18		penalty that the court may impose for a violation of subsection
19		(a-7) of Section 1 of that Act, the court, upon request by the
20		State's Attorney, may in its discretion require the offender to
21		remit a fee for his or her attendance at a smoker's education
22		or youth diversion program.
23		For purposes of this Section, "smoker's education program"
24		or "youth diversion program" includes, but is not limited to, a
25		seminar designed to educate a person on the physical and
26		psychological effects of smoking tobacco products and the

SB3733 Engrossed - 1563 - LRB096 19592 AMC 34984 b
1		health consequences of smoking tobacco products that can be
2		conducted with a locality's youth diversion program.
3		In addition to any other penalty that the court may impose
4		under this subsection (12):
5		(a) If a minor violates subsection (a-7) of Section 1
6		of the Prevention of Tobacco Use by Minors Act, the court
7		may impose a sentence of 15 hours of community service or a
8		fine of $25 for a first violation.
9		(b) A second violation by a minor of subsection (a-7)
10		of Section 1 of that Act that occurs within 12 months after
11		the first violation is punishable by a fine of $50 and 25
12		hours of community service.
13		(c) A third or subsequent violation by a minor of
14		subsection (a-7) of Section 1 of that Act that occurs
15		within 12 months after the first violation is punishable by
16		a $100 fine and 30 hours of community service.
17		(d) Any second or subsequent violation not within the
18		12-month time period after the first violation is
19		punishable as provided for a first violation.
20		(Source: P.A. 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844,
21		eff. 8-15-08; 95-876, eff. 8-21-08; 96-179, eff. 8-10-09;
22		96-293, eff. 1-1-10; revised 9-15-09.)
23		Section 595. The Court of Claims Act is amended by changing
24		Section 9.5 as follows:

SB3733 Engrossed - 1564 - LRB096 19592 AMC 34984 b
1		(705 ILCS 505/9.5)
2		Sec. 9.5. Gold Star and Fallen Heroes Families Assistance
3		Program.
4		(a) Within the Court of Claims, there is established a Gold
5		Star and Fallen Heroes Families Assistance Program, which is
6		charged with the responsibility of assessing the needs of and
7		providing information to Illinois Gold Star and Fallen Heroes
8		Families with regard to claims filed pursuant to the Line of
9		Duty Compensation Act.
10		(b) As used in this Section, "Gold Star and Fallen Heroes
11		Family" means the family members of an individual who was
12		killed in the line of duty and who was employed or serving in a
13		capacity defined in Section 2 of the Illinois Line of Duty
14		Compensation Act.
15		(c) Toll-free helpline. The Gold Star and Fallen Heroes
16		Families Assistance Program shall include a toll-free helpline
17		dedicated to families seeking information about the Line of
18		Duty Compensation Act, including, but not limited to, the
19		status of claims filed pursuant to that Act. The helpline phone
20		number and information about the Gold Star and Fallen Heroes
21		Families Assistance Program shall be provided to each person
22		filing a claim under the Line of Duty Compensation Act.
23		(d) On or before January 1 of each year, the Court of
24		Claims shall report to the Governor, both houses of the General
25		Assembly, and the Illinois Department of Veterans' Affairs the
26		following information:

SB3733 Engrossed - 1565 - LRB096 19592 AMC 34984 b
1		(1) the number of claims filed with the Court of Claims
2		pursuant to the Line of Duty Compensation Act ("LODCA");
3		(2) the number of Line of Duty Compensation Act LODCA
4		claims approved for payment by the Court of Claims during
5		the preceding calendar year;
6		(3) the number and status of Line of Duty Compensation
7		Act LODCA claims pending in the Court of Claims; and
8		(4) other information as may be requested by the
9		Governor.
10		(Source: P.A. 96-539, eff. 1-1-10; 96-541, eff. 1-1-10; revised
11		9-25-09.)
12		Section 600. The Criminal Code of 1961 is amended by
13		changing Sections 9-1.2, 10-5, 10-5.5, 10-9, 11-9.4, 11-20.1,
14		11-20.3, 12-2, 12-3.3, 12-4, 12-7.5, 14-3, 16-1, 16D-2, 16D-3,
15		17-24, 17-26, 24-1, 24-2, 25-5, 26-1, 26-5, 29B-1, 29D-25, and
16		36-1 as follows:
17		(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
18		Sec. 9-1.2. Intentional Homicide of an Unborn Child.
19		(a) A person commits the offense of intentional homicide of
20		an unborn child if, in performing acts which cause the death of
21		an unborn child, he without lawful justification:
22		(1) either intended to cause the death of or do great
23		bodily harm to the pregnant woman or her unborn child or
24		knew that such acts would cause death or great bodily harm

SB3733 Engrossed - 1566 - LRB096 19592 AMC 34984 b
1		to the pregnant woman or her unborn child; or
2		(2) he knew that his acts created a strong probability
3		of death or great bodily harm to the pregnant woman or her
4		unborn child; and
5		(3) he knew that the woman was pregnant.
6		(b) For purposes of this Section, (1) "unborn child" shall
7		mean any individual of the human species from fertilization
8		until birth, and (2) "person" shall not include the pregnant
9		woman whose unborn child is killed.
10		(c) This Section shall not apply to acts which cause the
11		death of an unborn child if those acts were committed during
12		any abortion, as defined in Section 2 of the Illinois Abortion
13		Law of 1975, as amended, to which the pregnant woman has
14		consented. This Section shall not apply to acts which were
15		committed pursuant to usual and customary standards of medical
16		practice during diagnostic testing or therapeutic treatment.
17		(d) Penalty. The sentence for intentional homicide of an
18		unborn child shall be the same as for first degree murder,
19		except that:
20		(1) the death penalty may not be imposed;
21		(2) if the person committed the offense while armed
22		with a firearm, 15 years shall be added to the term of
23		imprisonment imposed by the court;
24		(3) if, during the commission of the offense, the
25		person personally discharged a firearm, 20 years shall be
26		added to the term of imprisonment imposed by the court;

SB3733 Engrossed - 1567 - LRB096 19592 AMC 34984 b
1		(4) if, during the commission of the offense, the
2		person personally discharged a firearm that proximately
3		caused great bodily harm, permanent disability, permanent
4		disfigurement, or death to another person, 25 years or up
5		to a term of natural life shall be added to the term of
6		imprisonment imposed by the court.
7		(e) The provisions of this Act shall not be construed to
8		prohibit the prosecution of any person under any other
9		provision of law.
10		(Source: P.A. 91-404, eff. 1-1-00; revised 11-4-09.)
11		(720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
12		Sec. 10-5. Child abduction.
13		(a) For purposes of this Section, the following terms have
14		the following meanings:
15		(1) "Child" means a person who, at the time the alleged
16		violation occurred, was under the age of 18 or severely or
17		profoundly mentally retarded.
18		(2) "Detains" means taking or retaining physical
19		custody of a child, whether or not the child resists or
20		objects.
21		(3) "Lawful custodian" means a person or persons
22		granted legal custody of a child or entitled to physical
23		possession of a child pursuant to a court order. It is
24		presumed that, when the parties have never been married to
25		each other, the mother has legal custody of the child

SB3733 Engrossed - 1568 - LRB096 19592 AMC 34984 b
1		unless a valid court order states otherwise. If an
2		adjudication of paternity has been completed and the father
3		has been assigned support obligations or visitation
4		rights, such a paternity order should, for the purposes of
5		this Section, be considered a valid court order granting
6		custody to the mother.
7		(4) "Putative father" means a man who has a reasonable
8		belief that he is the father of a child born of a woman who
9		is not his wife.
10		(b) A person commits the offense of child abduction when he
11		or she does any one of the following:
12		(1) Intentionally violates any terms of a valid court
13		order granting sole or joint custody, care, or possession
14		to another by concealing or detaining the child or removing
15		the child from the jurisdiction of the court.
16		(2) Intentionally violates a court order prohibiting
17		the person from concealing or detaining the child or
18		removing the child from the jurisdiction of the court.
19		(3) Intentionally conceals, detains, or removes the
20		child without the consent of the mother or lawful custodian
21		of the child if the person is a putative father and either:
22		(A) the paternity of the child has not been legally
23		established or (B) the paternity of the child has been
24		legally established but no orders relating to custody have
25		been entered. Notwithstanding the presumption created by
26		paragraph (3) of subsection (a), however, a mother commits

SB3733 Engrossed - 1569 - LRB096 19592 AMC 34984 b
1		child abduction when she intentionally conceals or removes
2		a child, whom she has abandoned or relinquished custody of,
3		from an unadjudicated father who has provided sole ongoing
4		care and custody of the child in her absence.
5		(4) Intentionally conceals or removes the child from a
6		parent after filing a petition or being served with process
7		in an action affecting marriage or paternity but prior to
8		the issuance of a temporary or final order determining
9		custody.
10		(5) At the expiration of visitation rights outside the
11		State, intentionally fails or refuses to return or impedes
12		the return of the child to the lawful custodian in
13		Illinois.
14		(6) Being a parent of the child, and if the parents of
15		that child are or have been married and there has been no
16		court order of custody, knowingly conceals the child for 15
17		days, and fails to make reasonable attempts within the
18		15-day period to notify the other parent as to the specific
19		whereabouts of the child, including a means by which to
20		contact the child, or to arrange reasonable visitation or
21		contact with the child. It is not a violation of this
22		Section for a person fleeing domestic violence to take the
23		child with him or her to housing provided by a domestic
24		violence program.
25		(7) Being a parent of the child, and if the parents of
26		the child are or have been married and there has been no

SB3733 Engrossed - 1570 - LRB096 19592 AMC 34984 b
1		court order of custody, knowingly conceals, detains, or
2		removes the child with physical force or threat of physical
3		force.
4		(8) Knowingly conceals, detains, or removes the child
5		for payment or promise of payment at the instruction of a
6		person who has no legal right to custody.
7		(9) Knowingly retains in this State for 30 days a child
8		removed from another state without the consent of the
9		lawful custodian or in violation of a valid court order of
10		custody.
11		(10) Intentionally lures or attempts to lure a child
12		under the age of 16 into a motor vehicle, building,
13		housetrailer, or dwelling place without the consent of the
14		child's parent or lawful custodian for other than a lawful
15		purpose. For the purposes of this item (10), the luring or
16		attempted luring of a child under the age of 16 into a
17		motor vehicle, building, housetrailer, or dwelling place
18		without the consent of the child's parent or lawful
19		custodian is prima facie evidence of other than a lawful
20		purpose.
21		(11) With the intent to obstruct or prevent efforts to
22		locate the child victim of a child abduction, knowingly
23		destroys, alters, conceals, or disguises physical evidence
24		or furnishes false information.
25		(c) It is an affirmative defense to subsections (b)(1)
26		through (b)(10) of this Section that:

SB3733 Engrossed - 1571 - LRB096 19592 AMC 34984 b
1		(1) the person had custody of the child pursuant to a
2		court order granting legal custody or visitation rights
3		that existed at the time of the alleged violation;
4		(2) the person had physical custody of the child
5		pursuant to a court order granting legal custody or
6		visitation rights and failed to return the child as a
7		result of circumstances beyond his or her control, and the
8		person notified and disclosed to the other parent or legal
9		custodian the specific whereabouts of the child and a means
10		by which the child could be contacted or made a reasonable
11		attempt to notify the other parent or lawful custodian of
12		the child of those circumstances and made the disclosure
13		within 24 hours after the visitation period had expired and
14		returned the child as soon as possible;
15		(3) the person was fleeing an incidence or pattern of
16		domestic violence; or
17		(4) the person lured or attempted to lure a child under
18		the age of 16 into a motor vehicle, building, housetrailer,
19		or dwelling place for a lawful purpose in prosecutions
20		under paragraph (10) of subsection (b).
21		(d) A person convicted of child abduction under this
22		Section is guilty of a Class 4 felony. A person convicted of a
23		second or subsequent violation of paragraph (10) of subsection
24		(b) of this Section is guilty of a Class 3 felony. It is a
25		factor in aggravation under subsections (b)(1) through (b)(10)
26		of this Section for which a court may impose a more severe

SB3733 Engrossed - 1572 - LRB096 19592 AMC 34984 b
1		sentence under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5
2		of Chapter V of the Unified Code of Corrections if, upon
3		sentencing, the court finds evidence of any of the following
4		aggravating factors:
5		(1) that the defendant abused or neglected the child
6		following the concealment, detention, or removal of the
7		child;
8		(2) that the defendant inflicted or threatened to
9		inflict physical harm on a parent or lawful custodian of
10		the child or on the child with intent to cause that parent
11		or lawful custodian to discontinue criminal prosecution of
12		the defendant under this Section;
13		(3) that the defendant demanded payment in exchange for
14		return of the child or demanded that he or she be relieved
15		of the financial or legal obligation to support the child
16		in exchange for return of the child;
17		(4) that the defendant has previously been convicted of
18		child abduction;
19		(5) that the defendant committed the abduction while
20		armed with a deadly weapon or the taking of the child
21		resulted in serious bodily injury to another; or
22		(6) that the defendant committed the abduction while in
23		a school, regardless of the time of day or time of year; in
24		a playground; on any conveyance owned, leased, or
25		contracted by a school to transport students to or from
26		school or a school related activity; on the real property

SB3733 Engrossed - 1573 - LRB096 19592 AMC 34984 b
1		of a school; or on a public way within 1,000 feet of the
2		real property comprising any school or playground. For
3		purposes of this paragraph (6), "playground" means a piece
4		of land owned or controlled by a unit of local government
5		that is designated by the unit of local government for use
6		solely or primarily for children's recreation; and
7		"school" means a public or private elementary or secondary
8		school, community college, college, or university.
9		(e) The court may order the child to be returned to the
10		parent or lawful custodian from whom the child was concealed,
11		detained, or removed. In addition to any sentence imposed, the
12		court may assess any reasonable expense incurred in searching
13		for or returning the child against any person convicted of
14		violating this Section.
15		(f) Nothing contained in this Section shall be construed to
16		limit the court's contempt power.
17		(g) Every law enforcement officer investigating an alleged
18		incident of child abduction shall make a written police report
19		of any bona fide allegation and the disposition of that
20		investigation. Every police report completed pursuant to this
21		Section shall be compiled and recorded within the meaning of
22		Section 5.1 of the Criminal Identification Act.
23		(h) Whenever a law enforcement officer has reasons to
24		believe a child abduction has occurred, she or he shall provide
25		the lawful custodian a summary of her or his rights under this
26		Code, including the procedures and relief available to her or

SB3733 Engrossed - 1574 - LRB096 19592 AMC 34984 b
1		him.
2		(i) If during the course of an investigation under this
3		Section the child is found in the physical custody of the
4		defendant or another, the law enforcement officer shall return
5		the child to the parent or lawful custodian from whom the child
6		was concealed, detained, or removed, unless there is good cause
7		for the law enforcement officer or the Department of Children
8		and Family Services to retain temporary protective custody of
9		the child pursuant to the Abused and Neglected Child Reporting
10		Act.
11		(Source: P.A. 95-1052, eff. 7-1-09; 96-710, eff. 1-1-10;
12		revised 10-6-09.)
13		(720 ILCS 5/10-5.5)
14		Sec. 10-5.5. Unlawful visitation or parenting time
15		interference.
16		(a) As used in this Section, the terms "child", "detain",
17		and "lawful custodian" have the meanings ascribed to them in
18		Section 10-5 of this Code.
19		(b) Every person who, in violation of the visitation,
20		parenting time, or custody time provisions of a court order
21		relating to child custody, detains or conceals a child with the
22		intent to deprive another person of his or her rights to
23		visitation, parenting time, or custody time commits the offense
24		of unlawful visitation or parenting time interference.
25		(c) A person committing unlawful visitation or parenting

SB3733 Engrossed - 1575 - LRB096 19592 AMC 34984 b
1		time interference is guilty of a petty offense. Any person
2		violating this Section after 2 prior convictions of unlawful
3		visitation interference or unlawful visitation or parenting
4		time interference, however, is guilty of a Class A misdemeanor.
5		(d) Any law enforcement officer who has probable cause to
6		believe that a person has committed or is committing an act in
7		violation of this Section shall issue to that person a notice
8		to appear.
9		(e) The notice shall:
10		(1) be in writing;
11		(2) state the name of the person and his or her
12		address, if known;
13		(3) set forth the nature of the offense;
14		(4) be signed by the officer issuing the notice; and
15		(5) request the person to appear before a court at a
16		certain time and place.
17		(f) Upon failure of the person to appear, a summons or
18		warrant of arrest may be issued.
19		(g) It is an affirmative defense that:
20		(1) a person or lawful custodian committed the act to
21		protect the child from imminent physical harm, provided
22		that the defendant's belief that there was physical harm
23		imminent was reasonable and that the defendant's conduct in
24		withholding visitation rights, parenting time, or custody
25		time was a reasonable response to the harm believed
26		imminent;

SB3733 Engrossed - 1576 - LRB096 19592 AMC 34984 b
1		(2) the act was committed with the mutual consent of
2		all parties having a right to custody and visitation of the
3		child or parenting time with the child; or
4		(3) the act was otherwise authorized by law. or
5		parenting time, parenting time, or custody time
6		(Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09;
7		96-710, eff. 1-1-10; revised 10-6-09.)
8		(720 ILCS 5/10-9)
9		Sec. 10-9. Trafficking in persons, involuntary servitude,
10		and related offenses.
11		(a) Definitions. In this Section:
12		(1) "Intimidation" has the meaning prescribed in
13		Section 12-6.
14		(2) "Commercial sexual activity" means any sex act on
15		account of which anything of value is given, promised to,
16		or received by any person.
17		(3) "Financial harm" includes intimidation that brings
18		about financial loss, criminal usury, or employment
19		contracts that violate the Frauds Act.
20		(4) "Forced labor or services" means labor or services
21		that are performed or provided by another person and are
22		obtained or maintained through:
23		(A) any scheme, plan, or pattern intending to cause
24		or threatening to cause serious harm to any person;
25		(B) an actor's physically restraining or

SB3733 Engrossed - 1577 - LRB096 19592 AMC 34984 b
1		threatening to physically restrain another person;
2		(C) an actor's abusing or threatening to abuse the
3		law or legal process;
4		(D) an actor's knowingly destroying, concealing,
5		removing, confiscating, or possessing any actual or
6		purported passport or other immigration document, or
7		any other actual or purported government
8		identification document, of another person;
9		(E) an actor's blackmail; or
10		(F) an actor's causing or threatening to cause
11		financial harm to or exerting financial control over
12		any person.
13		(5) "Labor" means work of economic or financial value.
14		(6) "Maintain" means, in relation to labor or services,
15		to secure continued performance thereof, regardless of any
16		initial agreement on the part of the victim to perform that
17		type of service.
18		(7) "Obtain" means, in relation to labor or services,
19		to secure performance thereof.
20		(8) "Services" means activities resulting from a
21		relationship between a person and the actor in which the
22		person performs activities under the supervision of or for
23		the benefit of the actor. Commercial sexual activity and
24		sexually-explicit performances are forms of activities
25		that are "services" under this Section. Nothing in this
26		definition may be construed to legitimize or legalize

SB3733 Engrossed - 1578 - LRB096 19592 AMC 34984 b
1		prostitution.
2		(9) "Sexually-explicit performance" means a live,
3		recorded, broadcast (including over the Internet), or
4		public act or show intended to arouse or satisfy the sexual
5		desires or appeal to the prurient interests of patrons.
6		(10) "Trafficking victim" means a person subjected to
7		the practices set forth in subsection (b), (c), or (d).
8		(b) Involuntary servitude. A person commits the offense of
9		involuntary servitude when he or she knowingly subjects,
10		attempts to subject, or engages in a conspiracy to subject
11		another person to forced labor or services and:
12		(1) causes or threatens to cause physical harm to any
13		person;
14		(2) physically restrains or threatens to physically
15		restrain another person;
16		(3) abuses or threatens to abuse the law or legal
17		process;
18		(4) knowingly destroys, conceals, removes,
19		confiscates, or possesses any actual or purported passport
20		or other immigration document, or any other actual or
21		purported government identification document, of another
22		person; or
23		(5) uses intimidation, or uses or threatens to cause
24		financial harm to or exerts financial control over any
25		person.
26		Sentence. Except as otherwise provided in subsection (e) or

SB3733 Engrossed - 1579 - LRB096 19592 AMC 34984 b
1		(f), a violation of subsection (b)(1) is a Class X felony,
2		(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
3		is a Class 3 felony, and (b)(5) is a Class 4 felony.
4		(c) Involuntary sexual servitude of a minor. A person
5		commits the offense of involuntary sexual servitude of a minor
6		when he or she knowingly recruits, entices, harbors,
7		transports, provides, or obtains by any means, or attempts to
8		recruit, entice, harbor, provide, or obtain by any means,
9		another person under 18 years of age, knowing that the minor
10		will engage in commercial sexual activity, a sexually-explicit
11		performance, or the production of pornography, or causes or
12		attempts to cause a minor to engage in one or more of those
13		activities and:
14		(1) there is no overt force or threat and the minor is
15		between the ages of 17 and 18 years;
16		(2) there is no overt force or threat and the minor is
17		under the age of 17 years; or
18		(3) there is overt force or threat.
19		Sentence. Except as otherwise provided in subsection (e) or
20		(f), a violation of subsection (c)(1) is a Class 1 felony,
21		(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
22		(d) Trafficking in persons for forced labor or services. A
23		person commits the offense of trafficking in persons for forced
24		labor or services when he or she knowingly: (1) recruits,
25		entices, harbors, transports, provides, or obtains by any
26		means, or attempts to recruit, entice, harbor, transport,

SB3733 Engrossed - 1580 - LRB096 19592 AMC 34984 b
1		provide, or obtain by any means, another person, intending or
2		knowing that the person will be subjected to forced labor or
3		services; or (2) benefits, financially or by receiving anything
4		of value, from participation in a venture that has engaged in
5		an act of involuntary servitude or involuntary sexual servitude
6		of a minor.
7		Sentence. Except as otherwise provided in subsection (e) or
8		(f), a violation of this subsection is a Class 1 felony.
9		(e) Aggravating factors. A violation of this Section
10		involving kidnapping or an attempt to kidnap, aggravated
11		criminal sexual assault or an attempt to commit aggravated
12		criminal sexual assault, or an attempt to commit first degree
13		murder is a Class X felony.
14		(f) Sentencing considerations.
15		(1) Bodily injury. If, pursuant to a violation of this
16		Section, a victim suffered bodily injury, the defendant may
17		be sentenced to an extended-term sentence under Section
18		5-8-2 of the Unified Code of Corrections. The sentencing
19		court must take into account the time in which the victim
20		was held in servitude, with increased penalties for cases
21		in which the victim was held for between 180 days and one
22		year, and increased penalties for cases in which the victim
23		was held for more than one year.
24		(2) Number of victims. In determining sentences within
25		statutory maximums, the sentencing court should take into
26		account the number of victims, and may provide for

SB3733 Engrossed - 1581 - LRB096 19592 AMC 34984 b
1		substantially increased sentences in cases involving more
2		than 10 victims.
3		(g) Restitution. Restitution is mandatory under this
4		Section. In addition to any other amount of loss identified,
5		the court shall order restitution including the greater of (1)
6		the gross income or value to the defendant of the victim's
7		labor or services or (2) the value of the victim's labor as
8		guaranteed under the Minimum Wage Law and overtime provisions
9		of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
10		whichever is greater.
11		(h) Trafficking victim services. Subject to the
12		availability of funds, the Department of Human Services may
13		provide or fund emergency services and assistance to
14		individuals who are victims of one or more offenses defined in
15		this Section.
16		(i) Certification. The Attorney General, a State's
17		Attorney, or any law enforcement official shall certify in
18		writing to the United States Department of Justice or other
19		federal agency, such as the United States Department of
20		Homeland Security, that an investigation or prosecution under
21		this Section has begun and the individual who is a likely
22		victim of a crime described in this Section is willing to
23		cooperate or is cooperating with the investigation to enable
24		the individual, if eligible under federal law, to qualify for
25		an appropriate special immigrant visa and to access available
26		federal benefits. Cooperation with law enforcement shall not be

SB3733 Engrossed - 1582 - LRB096 19592 AMC 34984 b
1		required of victims of a crime described in this Section who
2		are under 18 years of age. This certification shall be made
3		available to the victim and his or her designated legal
4		representative.
5		(j) A person who commits the offense of involuntary
6		servitude, involuntary sexual servitude of a minor, or
7		trafficking in persons for forced labor or services under
8		subsection (b), (c), or (d) of this Section is subject to the
9		property forfeiture provisions set forth in Article 124B of the
10		Code of Criminal Procedure of 1963. shall forfeit to the State
11		of Illinois any profits or proceeds and any interest or
12		property he or she has acquired or maintained in violation of
13		subsection (b), (c), or (d) of this Section that the sentencing
14		court determines, after a forfeiture hearing, to have been
15		acquired or maintained as a result of maintaining a person in
16		involuntary servitude or participating in trafficking in
17		persons for forced labor or services.
18		Upon petition by the Attorney General or State's Attorney
19		at any time following sentencing, the court shall conduct a
20		hearing to determine whether any property or property interest
21		is subject to forfeiture under this Section. At the forfeiture
22		hearing the People have the burden of establishing, by a
23		preponderance of the evidence, that property or property
24		interests are subject to forfeiture under this Section.
25		In any action brought by the People of the State of
26		Illinois under this Section, in which a restraining order,

SB3733 Engrossed - 1583 - LRB096 19592 AMC 34984 b
1		injunction, or prohibition or any other action in connection
2		with any property or interest subject to forfeiture under this
3		Section is sought, the circuit court presiding over the trial
4		of the person or persons charged with involuntary servitude,
5		involuntary sexual servitude of a minor, or trafficking in
6		persons for forced labor or services shall first determine
7		whether there is probable cause to believe that the person or
8		persons so charged have committed the offense of involuntary
9		servitude, involuntary sexual servitude of a minor, or
10		trafficking in persons for forced labor or services and whether
11		the property or interest is subject to forfeiture under this
12		Section. In order to make that determination, prior to entering
13		any such order, the court shall conduct a hearing without a
14		jury, in which the People shall establish that there is: (i)
15		probable cause that the person or persons so charged have
16		committed the offense of involuntary servitude, involuntary
17		sexual servitude of a minor, or trafficking in persons for
18		forced labor or services and (ii) probable cause that any
19		property or interest may be subject to forfeiture under this
20		Section. The hearing may be conducted simultaneously with a
21		preliminary hearing, if the prosecution is commenced by
22		information or complaint, or by motion of the People, at any
23		stage in the proceedings. The court may accept a finding of
24		probable cause at a preliminary hearing following the filing of
25		an information charging the offense of involuntary servitude,
26		involuntary sexual servitude of a minor, or trafficking in

SB3733 Engrossed - 1584 - LRB096 19592 AMC 34984 b
1		persons for forced labor or services or the return of an
2		indictment by a grand jury charging the offense of involuntary
3		servitude, involuntary sexual servitude of a minor, or
4		trafficking in persons for forced labor or services as
5		sufficient evidence of probable cause as provided in item (i)
6		of this paragraph. Upon a finding, the circuit court shall
7		enter the restraining order, injunction, or prohibition, or
8		shall take such other action in connection with any such
9		property or other interest subject to forfeiture, as is
10		necessary to ensure that the property is not removed from the
11		jurisdiction of the court, concealed, destroyed, or otherwise
12		disposed of by the owner of that property or interest prior to
13		a forfeiture hearing under this Section. The Attorney General
14		or State's Attorney shall file a certified copy of the
15		restraining order, injunction, or other prohibition with the
16		recorder or registrar of titles of each county where any such
17		property of the defendant may be located. No such injunction,
18		restraining order, or other prohibition shall affect the rights
19		of any bona fide purchaser, mortgagee, judgment creditor, or
20		other lien holder arising prior to the date of that filing. At
21		any time, upon verified petition by the defendant or an
22		innocent owner or innocent bona fide third party lien holder
23		who neither had knowledge of, nor consented to, the illegal act
24		or omission, the court may conduct a hearing to release all or
25		portions of any such property or interest that the court
26		previously determined to be subject to forfeiture or subject to

SB3733 Engrossed - 1585 - LRB096 19592 AMC 34984 b
1		any restraining order, injunction, or prohibition or other
2		action. The court may release that property to the defendant or
3		innocent owner or innocent bona fide third party lien holder
4		who neither had knowledge of nor consented to the illegal act
5		or omission for good cause shown and within the sound
6		discretion of the court.
7		Upon conviction of a person of involuntary servitude,
8		involuntary sexual servitude of a minor, or trafficking in
9		persons for forced labor or services, the court shall authorize
10		the Attorney General to seize all property or other interest
11		declared forfeited under this Section upon terms and conditions
12		the court deems proper.
13		All moneys forfeited and the sale proceeds of all other
14		property forfeited and seized under this Section shall be
15		distributed as follows:
16		(1) one-half shall be divided equally between all State
17		agencies and units of local government whose officers or
18		employees conducted the investigation that resulted in the
19		forfeiture; and
20		(2) one-half shall be deposited into the Violent Crime
21		Victims Assistance Fund and targeted to services for
22		victims of the offenses of involuntary servitude,
23		involuntary sexual servitude of a minor, and trafficking in
24		persons for forced labor or services.
25		(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff.
26		1-1-10; revised 10-8-09.)

SB3733 Engrossed - 1586 - LRB096 19592 AMC 34984 b
1		(720 ILCS 5/11-9.4)
2		Sec. 11-9.4. Approaching, contacting, residing, or
3		communicating with a child within certain places by child sex
4		offenders prohibited.
5		(a) It is unlawful for a child sex offender to knowingly be
6		present in any public park building or on real property
7		comprising any public park when persons under the age of 18 are
8		present in the building or on the grounds and to approach,
9		contact, or communicate with a child under 18 years of age,
10		unless the offender is a parent or guardian of a person under
11		18 years of age present in the building or on the grounds.
12		(b) It is unlawful for a child sex offender to knowingly
13		loiter on a public way within 500 feet of a public park
14		building or real property comprising any public park while
15		persons under the age of 18 are present in the building or on
16		the grounds and to approach, contact, or communicate with a
17		child under 18 years of age, unless the offender is a parent or
18		guardian of a person under 18 years of age present in the
19		building or on the grounds.
20		(b-5) It is unlawful for a child sex offender to knowingly
21		reside within 500 feet of a playground, child care institution,
22		day care center, part day child care facility, day care home,
23		group day care home, or a facility providing programs or
24		services exclusively directed toward persons under 18 years of
25		age. Nothing in this subsection (b-5) prohibits a child sex

SB3733 Engrossed - 1587 - LRB096 19592 AMC 34984 b
1		offender from residing within 500 feet of a playground or a
2		facility providing programs or services exclusively directed
3		toward persons under 18 years of age if the property is owned
4		by the child sex offender and was purchased before the
5		effective date of this amendatory Act of the 91st General
6		Assembly. Nothing in this subsection (b-5) prohibits a child
7		sex offender from residing within 500 feet of a child care
8		institution, day care center, or part day child care facility
9		if the property is owned by the child sex offender and was
10		purchased before the effective date of this amendatory Act of
11		the 94th General Assembly. Nothing in this subsection (b-5)
12		prohibits a child sex offender from residing within 500 feet of
13		a day care home or group day care home if the property is owned
14		by the child sex offender and was purchased before August 14,
15		2008 (the effective date of Public Act 95-821).
16		(b-6) It is unlawful for a child sex offender to knowingly
17		reside within 500 feet of the victim of the sex offense.
18		Nothing in this subsection (b-6) prohibits a child sex offender
19		from residing within 500 feet of the victim if the property in
20		which the child sex offender resides is owned by the child sex
21		offender and was purchased before the effective date of this
22		amendatory Act of the 92nd General Assembly.
23		This subsection (b-6) does not apply if the victim of the
24		sex offense is 21 years of age or older.
25		(b-7) It is unlawful for a child sex offender to knowingly
26		communicate, other than for a lawful purpose under Illinois

SB3733 Engrossed - 1588 - LRB096 19592 AMC 34984 b
1		law, using the Internet or any other digital media, with a
2		person under 18 years of age or with a person whom he or she
3		believes to be a person under 18 years of age, unless the
4		offender is a parent or guardian of the person under 18 years
5		of age.
6		(c) It is unlawful for a child sex offender to knowingly
7		operate, manage, be employed by, volunteer at, be associated
8		with, or knowingly be present at any: (i) facility providing
9		programs or services exclusively directed towards persons
10		under the age of 18; (ii) day care center; (iii) part day child
11		care facility; (iv) child care institution; (v) school
12		providing before and after school programs for children under
13		18 years of age; (vi) day care home; or (vii) group day care
14		home. This does not prohibit a child sex offender from owning
15		the real property upon which the programs or services are
16		offered or upon which the day care center, part day child care
17		facility, child care institution, or school providing before
18		and after school programs for children under 18 years of age is
19		located, provided the child sex offender refrains from being
20		present on the premises for the hours during which: (1) the
21		programs or services are being offered or (2) the day care
22		center, part day child care facility, child care institution,
23		school providing before and after school programs for children
24		under 18 years of age, day care home, or group day care home is
25		operated.
26		(c-5) It is unlawful for a child sex offender to knowingly

SB3733 Engrossed - 1589 - LRB096 19592 AMC 34984 b
1		operate, manage, be employed by, or be associated with any
2		county fair when persons under the age of 18 are present.
3		(c-6) It is unlawful for a child sex offender who owns and
4		resides at residential real estate to knowingly rent any
5		residential unit within the same building in which he or she
6		resides to a person who is the parent or guardian of a child or
7		children under 18 years of age. This subsection shall apply
8		only to leases or other rental arrangements entered into after
9		January 1, 2009 (the effective date of Public Act 95-820).
10		(c-7) It is unlawful for a child sex offender to knowingly
11		offer or provide any programs or services to persons under 18
12		years of age in his or her residence or the residence of
13		another or in any facility for the purpose of offering or
14		providing such programs or services, whether such programs or
15		services are offered or provided by contract, agreement,
16		arrangement, or on a volunteer basis.
17		(c-8) It is unlawful for a child sex offender to knowingly
18		operate, whether authorized to do so or not, any of the
19		following vehicles: (1) a vehicle which is specifically
20		designed, constructed or modified and equipped to be used for
21		the retail sale of food or beverages, including but not limited
22		to an ice cream truck; (2) an authorized emergency vehicle; or
23		(3) a rescue vehicle.
24		(d) Definitions. In this Section:
25		(1) "Child sex offender" means any person who:
26		(i) has been charged under Illinois law, or any

SB3733 Engrossed - 1590 - LRB096 19592 AMC 34984 b
1		substantially similar federal law or law of another
2		state, with a sex offense set forth in paragraph (2) of
3		this subsection (d) or the attempt to commit an
4		included sex offense, and:
5		(A) is convicted of such offense or an attempt
6		to commit such offense; or
7		(B) is found not guilty by reason of insanity
8		of such offense or an attempt to commit such
9		offense; or
10		(C) is found not guilty by reason of insanity
11		pursuant to subsection (c) of Section 104-25 of the
12		Code of Criminal Procedure of 1963 of such offense
13		or an attempt to commit such offense; or
14		(D) is the subject of a finding not resulting
15		in an acquittal at a hearing conducted pursuant to
16		subsection (a) of Section 104-25 of the Code of
17		Criminal Procedure of 1963 for the alleged
18		commission or attempted commission of such
19		offense; or
20		(E) is found not guilty by reason of insanity
21		following a hearing conducted pursuant to a
22		federal law or the law of another state
23		substantially similar to subsection (c) of Section
24		104-25 of the Code of Criminal Procedure of 1963 of
25		such offense or of the attempted commission of such
26		offense; or

SB3733 Engrossed - 1591 - LRB096 19592 AMC 34984 b
1		(F) is the subject of a finding not resulting
2		in an acquittal at a hearing conducted pursuant to
3		a federal law or the law of another state
4		substantially similar to subsection (a) of Section
5		104-25 of the Code of Criminal Procedure of 1963
6		for the alleged violation or attempted commission
7		of such offense; or
8		(ii) is certified as a sexually dangerous person
9		pursuant to the Illinois Sexually Dangerous Persons
10		Act, or any substantially similar federal law or the
11		law of another state, when any conduct giving rise to
12		such certification is committed or attempted against a
13		person less than 18 years of age; or
14		(iii) is subject to the provisions of Section 2 of
15		the Interstate Agreements on Sexually Dangerous
16		Persons Act.
17		Convictions that result from or are connected with the
18		same act, or result from offenses committed at the same
19		time, shall be counted for the purpose of this Section as
20		one conviction. Any conviction set aside pursuant to law is
21		not a conviction for purposes of this Section.
22		(2) Except as otherwise provided in paragraph (2.5),
23		"sex offense" means:
24		(i) A violation of any of the following Sections of
25		the Criminal Code of 1961: 10-7 (aiding or abetting
26		child abduction under Section 10-5(b)(10)),

SB3733 Engrossed - 1592 - LRB096 19592 AMC 34984 b
1		10-5(b)(10) (child luring), 11-6 (indecent
2		solicitation of a child), 11-6.5 (indecent
3		solicitation of an adult), 11-9 (public indecency when
4		committed in a school, on the real property comprising
5		a school, on a conveyance owned, leased, or contracted
6		by a school to transport students to or from school or
7		a school related activity, or in a public park), 11-9.1
8		(sexual exploitation of a child), 11-15.1 (soliciting
9		for a juvenile prostitute), 11-17.1 (keeping a place of
10		juvenile prostitution), 11-18.1 (patronizing a
11		juvenile prostitute), 11-19.1 (juvenile pimping),
12		11-19.2 (exploitation of a child), 11-20.1 (child
13		pornography), 11-20.3 (aggravated child pornography),
14		11-21 (harmful material), 12-14.1 (predatory criminal
15		sexual assault of a child), 12-33 (ritualized abuse of
16		a child), 11-20 (obscenity) (when that offense was
17		committed in any school, on real property comprising
18		any school, on any conveyance owned, leased, or
19		contracted by a school to transport students to or from
20		school or a school related activity, or in a public
21		park). An attempt to commit any of these offenses.
22		(ii) A violation of any of the following Sections
23		of the Criminal Code of 1961, when the victim is a
24		person under 18 years of age: 12-13 (criminal sexual
25		assault), 12-14 (aggravated criminal sexual assault),
26		12-15 (criminal sexual abuse), 12-16 (aggravated

SB3733 Engrossed - 1593 - LRB096 19592 AMC 34984 b
1		criminal sexual abuse). An attempt to commit any of
2		these offenses.
3		(iii) A violation of any of the following Sections
4		of the Criminal Code of 1961, when the victim is a
5		person under 18 years of age and the defendant is not a
6		parent of the victim:
7		10-1 (kidnapping),
8		10-2 (aggravated kidnapping),
9		10-3 (unlawful restraint),
10		10-3.1 (aggravated unlawful restraint).
11		An attempt to commit any of these offenses.
12		(iv) A violation of any former law of this State
13		substantially equivalent to any offense listed in
14		clause (2)(i) of this subsection (d).
15		(2.5) For the purposes of subsection (b-5) only, a sex
16		offense means:
17		(i) A violation of any of the following Sections of
18		the Criminal Code of 1961:
19		10-5(b)(10) (child luring), 10-7 (aiding or
20		abetting child abduction under Section
21		10-5(b)(10)), 11-6 (indecent solicitation of a
22		child), 11-6.5 (indecent solicitation of an
23		adult), 11-15.1 (soliciting for a juvenile
24		prostitute), 11-17.1 (keeping a place of juvenile
25		prostitution), 11-18.1 (patronizing a juvenile
26		prostitute), 11-19.1 (juvenile pimping), 11-19.2

SB3733 Engrossed - 1594 - LRB096 19592 AMC 34984 b
1		(exploitation of a child), 11-20.1 (child
2		pornography), 11-20.3 (aggravated child
3		pornography), 12-14.1 (predatory criminal sexual
4		assault of a child), or 12-33 (ritualized abuse of
5		a child). An attempt to commit any of these
6		offenses.
7		(ii) A violation of any of the following Sections
8		of the Criminal Code of 1961, when the victim is a
9		person under 18 years of age: 12-13 (criminal sexual
10		assault), 12-14 (aggravated criminal sexual assault),
11		12-16 (aggravated criminal sexual abuse), and
12		subsection (a) of Section 12-15 (criminal sexual
13		abuse). An attempt to commit any of these offenses.
14		(iii) A violation of any of the following Sections
15		of the Criminal Code of 1961, when the victim is a
16		person under 18 years of age and the defendant is not a
17		parent of the victim:
18		10-1 (kidnapping),
19		10-2 (aggravated kidnapping),
20		10-3 (unlawful restraint),
21		10-3.1 (aggravated unlawful restraint).
22		An attempt to commit any of these offenses.
23		(iv) A violation of any former law of this State
24		substantially equivalent to any offense listed in this
25		paragraph (2.5) of this subsection.
26		(3) A conviction for an offense of federal law or the

SB3733 Engrossed - 1595 - LRB096 19592 AMC 34984 b
1		law of another state that is substantially equivalent to
2		any offense listed in paragraph (2) of this subsection (d)
3		shall constitute a conviction for the purpose of this
4		Section. A finding or adjudication as a sexually dangerous
5		person under any federal law or law of another state that
6		is substantially equivalent to the Sexually Dangerous
7		Persons Act shall constitute an adjudication for the
8		purposes of this Section.
9		(4) "Public park" includes a park, forest preserve, or
10		conservation area under the jurisdiction of the State or a
11		unit of local government.
12		(5) "Facility providing programs or services directed
13		towards persons under the age of 18" means any facility
14		providing programs or services exclusively directed
15		towards persons under the age of 18.
16		(6) "Loiter" means:
17		(i) Standing, sitting idly, whether or not the
18		person is in a vehicle or remaining in or around public
19		park property.
20		(ii) Standing, sitting idly, whether or not the
21		person is in a vehicle or remaining in or around public
22		park property, for the purpose of committing or
23		attempting to commit a sex offense.
24		(7) "Playground" means a piece of land owned or
25		controlled by a unit of local government that is designated
26		by the unit of local government for use solely or primarily

SB3733 Engrossed - 1596 - LRB096 19592 AMC 34984 b
1		for children's recreation.
2		(8) "Child care institution" has the meaning ascribed
3		to it in Section 2.06 of the Child Care Act of 1969.
4		(9) "Day care center" has the meaning ascribed to it in
5		Section 2.09 of the Child Care Act of 1969.
6		(10) "Part day child care facility" has the meaning
7		ascribed to it in Section 2.10 of the Child Care Act of
8		1969.
9		(11) "Day care home" has the meaning ascribed to it in
10		Section 2.18 of the Child Care Act of 1969.
11		(12) "Group day care home" has the meaning ascribed to
12		it in Section 2.20 of the Child Care Act of 1969.
13		(13) "Internet" means an interactive computer service
14		or system or an information service, system, or access
15		software provider that provides or enables computer access
16		by multiple users to a computer server, and includes, but
17		is not limited to, an information service, system, or
18		access software provider that provides access to a network
19		system commonly known as the Internet, or any comparable
20		system or service and also includes, but is not limited to,
21		a World Wide Web page, newsgroup, message board, mailing
22		list, or chat area on any interactive computer service or
23		system or other online service.
24		(14) "Authorized emergency vehicle", "rescue vehicle",
25		and "vehicle" have the meanings ascribed to them in
26		Sections 1-105, 1-171.8 and 1-217, respectively, of the

SB3733 Engrossed - 1597 - LRB096 19592 AMC 34984 b
1		Illinois Vehicle Code.
2		(d-5) For the purposes of this Section, the 500 feet
3		distance shall be measured from the edge of the property
4		comprising the public park building or the real property
5		comprising the public park, playground, child care
6		institution, day care center, part day child care facility, or
7		a facility providing programs or services exclusively directed
8		toward persons under 18 years of age, or a victim of the sex
9		offense who is under 21 years of age to the edge of the child
10		sex offender's place of residence or where he or she is
11		loitering.
12		(e) Sentence. A person who violates this Section is guilty
13		of a Class 4 felony.
14		(Source: P.A. 95-32, eff. 1-1-08; 95-640, eff. 6-1-08; 95-819,
15		eff. 1-1-09; 95-820, eff. 1-1-09; 95-821, eff. 8-14-08; 95-876,
16		eff. 8-21-08; 95-983, eff. 6-1-09; 96-118, eff. 8-4-09; 96-328,
17		eff. 8-11-09; 96-710, eff. 1-1-10; revised 10-6-09.)
18		(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
19		Sec. 11-20.1. Child pornography.
20		(a) A person commits the offense of child pornography who:
21		(1) films, videotapes, photographs, or otherwise
22		depicts or portrays by means of any similar visual medium
23		or reproduction or depicts by computer any child whom he
24		knows or reasonably should know to be under the age of 18
25		or any severely or profoundly mentally retarded person

SB3733 Engrossed - 1598 - LRB096 19592 AMC 34984 b
1		where such child or severely or profoundly mentally
2		retarded person is:
3		(i) actually or by simulation engaged in any act of
4		sexual penetration or sexual conduct with any person or
5		animal; or
6		(ii) actually or by simulation engaged in any act
7		of sexual penetration or sexual conduct involving the
8		sex organs of the child or severely or profoundly
9		mentally retarded person and the mouth, anus, or sex
10		organs of another person or animal; or which involves
11		the mouth, anus or sex organs of the child or severely
12		or profoundly mentally retarded person and the sex
13		organs of another person or animal; or
14		(iii) actually or by simulation engaged in any act
15		of masturbation; or
16		(iv) actually or by simulation portrayed as being
17		the object of, or otherwise engaged in, any act of lewd
18		fondling, touching, or caressing involving another
19		person or animal; or
20		(v) actually or by simulation engaged in any act of
21		excretion or urination within a sexual context; or
22		(vi) actually or by simulation portrayed or
23		depicted as bound, fettered, or subject to sadistic,
24		masochistic, or sadomasochistic abuse in any sexual
25		context; or
26		(vii) depicted or portrayed in any pose, posture or

SB3733 Engrossed - 1599 - LRB096 19592 AMC 34984 b
1		setting involving a lewd exhibition of the unclothed or
2		transparently clothed genitals, pubic area, buttocks,
3		or, if such person is female, a fully or partially
4		developed breast of the child or other person; or
5		(2) with the knowledge of the nature or content
6		thereof, reproduces, disseminates, offers to disseminate,
7		exhibits or possesses with intent to disseminate any film,
8		videotape, photograph or other similar visual reproduction
9		or depiction by computer of any child or severely or
10		profoundly mentally retarded person whom the person knows
11		or reasonably should know to be under the age of 18 or to
12		be a severely or profoundly mentally retarded person,
13		engaged in any activity described in subparagraphs (i)
14		through (vii) of paragraph (1) of this subsection; or
15		(3) with knowledge of the subject matter or theme
16		thereof, produces any stage play, live performance, film,
17		videotape or other similar visual portrayal or depiction by
18		computer which includes a child whom the person knows or
19		reasonably should know to be under the age of 18 or a
20		severely or profoundly mentally retarded person engaged in
21		any activity described in subparagraphs (i) through (vii)
22		of paragraph (1) of this subsection; or
23		(4) solicits, uses, persuades, induces, entices, or
24		coerces any child whom he knows or reasonably should know
25		to be under the age of 18 or a severely or profoundly
26		mentally retarded person to appear in any stage play, live

SB3733 Engrossed - 1600 - LRB096 19592 AMC 34984 b
1		presentation, film, videotape, photograph or other similar
2		visual reproduction or depiction by computer in which the
3		child or severely or profoundly mentally retarded person is
4		or will be depicted, actually or by simulation, in any act,
5		pose or setting described in subparagraphs (i) through
6		(vii) of paragraph (1) of this subsection; or
7		(5) is a parent, step-parent, legal guardian or other
8		person having care or custody of a child whom the person
9		knows or reasonably should know to be under the age of 18
10		or a severely or profoundly mentally retarded person and
11		who knowingly permits, induces, promotes, or arranges for
12		such child or severely or profoundly mentally retarded
13		person to appear in any stage play, live performance, film,
14		videotape, photograph or other similar visual
15		presentation, portrayal or simulation or depiction by
16		computer of any act or activity described in subparagraphs
17		(i) through (vii) of paragraph (1) of this subsection; or
18		(6) with knowledge of the nature or content thereof,
19		possesses any film, videotape, photograph or other similar
20		visual reproduction or depiction by computer of any child
21		or severely or profoundly mentally retarded person whom the
22		person knows or reasonably should know to be under the age
23		of 18 or to be a severely or profoundly mentally retarded
24		person, engaged in any activity described in subparagraphs
25		(i) through (vii) of paragraph (1) of this subsection; or
26		(7) solicits, uses, persuades, induces, entices, or

SB3733 Engrossed - 1601 - LRB096 19592 AMC 34984 b
1		coerces a person to provide a child under the age of 18 or
2		a severely or profoundly mentally retarded person to appear
3		in any videotape, photograph, film, stage play, live
4		presentation, or other similar visual reproduction or
5		depiction by computer in which the child or severely or
6		profoundly mentally retarded person will be depicted,
7		actually or by simulation, in any act, pose, or setting
8		described in subparagraphs (i) through (vii) of paragraph
9		(1) of this subsection.
10		(b) (1) It shall be an affirmative defense to a charge of
11		child pornography that the defendant reasonably believed,
12		under all of the circumstances, that the child was 18 years
13		of age or older or that the person was not a severely or
14		profoundly mentally retarded person but only where, prior
15		to the act or acts giving rise to a prosecution under this
16		Section, he took some affirmative action or made a bonafide
17		inquiry designed to ascertain whether the child was 18
18		years of age or older or that the person was not a severely
19		or profoundly mentally retarded person and his reliance
20		upon the information so obtained was clearly reasonable.
21		(2) (Blank).
22		(3) The charge of child pornography shall not apply to
23		the performance of official duties by law enforcement or
24		prosecuting officers or persons employed by law
25		enforcement or prosecuting agencies, court personnel or
26		attorneys, nor to bonafide treatment or professional

SB3733 Engrossed - 1602 - LRB096 19592 AMC 34984 b
1		education programs conducted by licensed physicians,
2		psychologists or social workers.
3		(4) Possession by the defendant of more than one of the
4		same film, videotape or visual reproduction or depiction by
5		computer in which child pornography is depicted shall raise
6		a rebuttable presumption that the defendant possessed such
7		materials with the intent to disseminate them.
8		(5) The charge of child pornography does not apply to a
9		person who does not voluntarily possess a film, videotape,
10		or visual reproduction or depiction by computer in which
11		child pornography is depicted. Possession is voluntary if
12		the defendant knowingly procures or receives a film,
13		videotape, or visual reproduction or depiction for a
14		sufficient time to be able to terminate his or her
15		possession.
16		(6) Any violation of paragraph (1), (2), (3), (4), (5),
17		or (7) of subsection (a) that includes a child engaged in,
18		solicited for, depicted in, or posed in any act of sexual
19		penetration or bound, fettered, or subject to sadistic,
20		masochistic, or sadomasochistic abuse in a sexual context
21		shall be deemed a crime of violence.
22		(c) Violation of paragraph (1), (4), (5), or (7) of
23		subsection (a) is a Class 1 felony with a mandatory minimum
24		fine of $2,000 and a maximum fine of $100,000. Violation of
25		paragraph (3) of subsection (a) is a Class 1 felony with a
26		mandatory minimum fine of $1500 and a maximum fine of $100,000.

SB3733 Engrossed - 1603 - LRB096 19592 AMC 34984 b
1		Violation of paragraph (2) of subsection (a) is a Class 1
2		felony with a mandatory minimum fine of $1000 and a maximum
3		fine of $100,000. Violation of paragraph (6) of subsection (a)
4		is a Class 3 felony with a mandatory minimum fine of $1000 and
5		a maximum fine of $100,000.
6		(d) If a person is convicted of a second or subsequent
7		violation of this Section within 10 years of a prior
8		conviction, the court shall order a presentence psychiatric
9		examination of the person. The examiner shall report to the
10		court whether treatment of the person is necessary.
11		(e) Any film, videotape, photograph or other similar visual
12		reproduction or depiction by computer which includes a child
13		under the age of 18 or a severely or profoundly mentally
14		retarded person engaged in any activity described in
15		subparagraphs (i) through (vii) or paragraph 1 of subsection
16		(a), and any material or equipment used or intended for use in
17		photographing, filming, printing, producing, reproducing,
18		manufacturing, projecting, exhibiting, depiction by computer,
19		or disseminating such material shall be seized and forfeited in
20		the manner, method and procedure provided by Section 36-1 of
21		this Code for the seizure and forfeiture of vessels, vehicles
22		and aircraft.
23		In addition, any person convicted under this Section is
24		subject to the property forfeiture provisions set forth in
25		Article 124B of the Code of Criminal Procedure of 1963.
26		(e-5) Upon the conclusion of a case brought under this

SB3733 Engrossed - 1604 - LRB096 19592 AMC 34984 b
1		Section, the court shall seal all evidence depicting a victim
2		or witness that is sexually explicit. The evidence may be
3		unsealed and viewed, on a motion of the party seeking to unseal
4		and view the evidence, only for good cause shown and in the
5		discretion of the court. The motion must expressly set forth
6		the purpose for viewing the material. The State's attorney and
7		the victim, if possible, shall be provided reasonable notice of
8		the hearing on the motion to unseal the evidence. Any person
9		entitled to notice of a hearing under this subsection (e-5) may
10		object to the motion.
11		(f) Definitions. For the purposes of this Section:
12		(1) "Disseminate" means (i) to sell, distribute,
13		exchange or transfer possession, whether with or without
14		consideration or (ii) to make a depiction by computer
15		available for distribution or downloading through the
16		facilities of any telecommunications network or through
17		any other means of transferring computer programs or data
18		to a computer.
19		(2) "Produce" means to direct, promote, advertise,
20		publish, manufacture, issue, present or show.
21		(3) "Reproduce" means to make a duplication or copy.
22		(4) "Depict by computer" means to generate or create,
23		or cause to be created or generated, a computer program or
24		data that, after being processed by a computer either alone
25		or in conjunction with one or more computer programs,
26		results in a visual depiction on a computer monitor,

SB3733 Engrossed - 1605 - LRB096 19592 AMC 34984 b
1		screen, or display.
2		(5) "Depiction by computer" means a computer program or
3		data that, after being processed by a computer either alone
4		or in conjunction with one or more computer programs,
5		results in a visual depiction on a computer monitor,
6		screen, or display.
7		(6) "Computer", "computer program", and "data" have
8		the meanings ascribed to them in Section 16D-2 of this
9		Code.
10		(7) "Child" includes a film, videotape, photograph, or
11		other similar visual medium or reproduction or depiction by
12		computer that is, or appears to be, that of a person,
13		either in part, or in total, under the age of 18,
14		regardless of the method by which the film, videotape,
15		photograph, or other similar visual medium or reproduction
16		or depiction by computer is created, adopted, or modified
17		to appear as such. "Child" also includes a film, videotape,
18		photograph, or other similar visual medium or reproduction
19		or depiction by computer that is advertised, promoted,
20		presented, described, or distributed in such a manner that
21		conveys the impression that the film, videotape,
22		photograph, or other similar visual medium or reproduction
23		or depiction by computer is of a person under the age of
24		18.
25		(8) "Sexual penetration" and "sexual conduct" have the
26		meanings ascribed to them in Section 12-12 of this Code.

SB3733 Engrossed - 1606 - LRB096 19592 AMC 34984 b
1		(g) Re-enactment; findings; purposes.
2		(1) The General Assembly finds and declares that:
3		(i) Section 50-5 of Public Act 88-680, effective
4		January 1, 1995, contained provisions amending the
5		child pornography statute, Section 11-20.1 of the
6		Criminal Code of 1961. Section 50-5 also contained
7		other provisions.
8		(ii) In addition, Public Act 88-680 was entitled
9		"AN ACT to create a Safe Neighborhoods Law". (A)
10		Article 5 was entitled JUVENILE JUSTICE and amended the
11		Juvenile Court Act of 1987. (B) Article 15 was entitled
12		GANGS and amended various provisions of the Criminal
13		Code of 1961 and the Unified Code of Corrections. (C)
14		Article 20 was entitled ALCOHOL ABUSE and amended
15		various provisions of the Illinois Vehicle Code. (D)
16		Article 25 was entitled DRUG ABUSE and amended the
17		Cannabis Control Act and the Illinois Controlled
18		Substances Act. (E) Article 30 was entitled FIREARMS
19		and amended the Criminal Code of 1961 and the Code of
20		Criminal Procedure of 1963. (F) Article 35 amended the
21		Criminal Code of 1961, the Rights of Crime Victims and
22		Witnesses Act, and the Unified Code of Corrections. (G)
23		Article 40 amended the Criminal Code of 1961 to
24		increase the penalty for compelling organization
25		membership of persons. (H) Article 45 created the
26		Secure Residential Youth Care Facility Licensing Act

SB3733 Engrossed - 1607 - LRB096 19592 AMC 34984 b
1		and amended the State Finance Act, the Juvenile Court
2		Act of 1987, the Unified Code of Corrections, and the
3		Private Correctional Facility Moratorium Act. (I)
4		Article 50 amended the WIC Vendor Management Act, the
5		Firearm Owners Identification Card Act, the Juvenile
6		Court Act of 1987, the Criminal Code of 1961, the
7		Wrongs to Children Act, and the Unified Code of
8		Corrections.
9		(iii) On September 22, 1998, the Third District
10		Appellate Court in People v. Dainty, 701 N.E. 2d 118,
11		ruled that Public Act 88-680 violates the single
12		subject clause of the Illinois Constitution (Article
13		IV, Section 8 (d)) and was unconstitutional in its
14		entirety. As of the time this amendatory Act of 1999
15		was prepared, People v. Dainty was still subject to
16		appeal.
17		(iv) Child pornography is a vital concern to the
18		people of this State and the validity of future
19		prosecutions under the child pornography statute of
20		the Criminal Code of 1961 is in grave doubt.
21		(2) It is the purpose of this amendatory Act of 1999 to
22		prevent or minimize any problems relating to prosecutions
23		for child pornography that may result from challenges to
24		the constitutional validity of Public Act 88-680 by
25		re-enacting the Section relating to child pornography that
26		was included in Public Act 88-680.

SB3733 Engrossed - 1608 - LRB096 19592 AMC 34984 b
1		(3) This amendatory Act of 1999 re-enacts Section
2		11-20.1 of the Criminal Code of 1961, as it has been
3		amended. This re-enactment is intended to remove any
4		question as to the validity or content of that Section; it
5		is not intended to supersede any other Public Act that
6		amends the text of the Section as set forth in this
7		amendatory Act of 1999. The material is shown as existing
8		text (i.e., without underscoring) because, as of the time
9		this amendatory Act of 1999 was prepared, People v. Dainty
10		was subject to appeal to the Illinois Supreme Court.
11		(4) The re-enactment by this amendatory Act of 1999 of
12		Section 11-20.1 of the Criminal Code of 1961 relating to
13		child pornography that was amended by Public Act 88-680 is
14		not intended, and shall not be construed, to imply that
15		Public Act 88-680 is invalid or to limit or impair any
16		legal argument concerning whether those provisions were
17		substantially re-enacted by other Public Acts.
18		(Source: P.A. 96-292, eff. 1-1-10; 96-712, eff. 1-1-10; revised
19		10-1-09.)
20		(720 ILCS 5/11-20.3)
21		Sec. 11-20.3. Aggravated child pornography.
22		(a) A person commits the offense of aggravated child
23		pornography who:
24		(1) films, videotapes, photographs, or otherwise
25		depicts or portrays by means of any similar visual medium

SB3733 Engrossed - 1609 - LRB096 19592 AMC 34984 b
1		or reproduction or depicts by computer any child whom he or
2		she knows or reasonably should know to be under the age of
3		13 years where such child is:
4		(i) actually or by simulation engaged in any act of
5		sexual penetration or sexual conduct with any person or
6		animal; or
7		(ii) actually or by simulation engaged in any act
8		of sexual penetration or sexual conduct involving the
9		sex organs of the child and the mouth, anus, or sex
10		organs of another person or animal; or which involves
11		the mouth, anus or sex organs of the child and the sex
12		organs of another person or animal; or
13		(iii) actually or by simulation engaged in any act
14		of masturbation; or
15		(iv) actually or by simulation portrayed as being
16		the object of, or otherwise engaged in, any act of lewd
17		fondling, touching, or caressing involving another
18		person or animal; or
19		(v) actually or by simulation engaged in any act of
20		excretion or urination within a sexual context; or
21		(vi) actually or by simulation portrayed or
22		depicted as bound, fettered, or subject to sadistic,
23		masochistic, or sadomasochistic abuse in any sexual
24		context; or
25		(vii) depicted or portrayed in any pose, posture or
26		setting involving a lewd exhibition of the unclothed or

SB3733 Engrossed - 1610 - LRB096 19592 AMC 34984 b
1		transparently clothed genitals, pubic area, buttocks,
2		or, if such person is female, a fully or partially
3		developed breast of the child or other person; or
4		(2) with the knowledge of the nature or content
5		thereof, reproduces, disseminates, offers to disseminate,
6		exhibits or possesses with intent to disseminate any film,
7		videotape, photograph or other similar visual reproduction
8		or depiction by computer of any child whom the person knows
9		or reasonably should know to be under the age of 13 engaged
10		in any activity described in subparagraphs (i) through
11		(vii) of paragraph (1) of this subsection; or
12		(3) with knowledge of the subject matter or theme
13		thereof, produces any stage play, live performance, film,
14		videotape or other similar visual portrayal or depiction by
15		computer which includes a child whom the person knows or
16		reasonably should know to be under the age of 13 engaged in
17		any activity described in subparagraphs (i) through (vii)
18		of paragraph (1) of this subsection; or
19		(4) solicits, uses, persuades, induces, entices, or
20		coerces any child whom he or she knows or reasonably should
21		know to be under the age of 13 to appear in any stage play,
22		live presentation, film, videotape, photograph or other
23		similar visual reproduction or depiction by computer in
24		which the child or severely or profoundly mentally retarded
25		person is or will be depicted, actually or by simulation,
26		in any act, pose or setting described in subparagraphs (i)

SB3733 Engrossed - 1611 - LRB096 19592 AMC 34984 b
1		through (vii) of paragraph (1) of this subsection; or
2		(5) is a parent, step-parent, legal guardian or other
3		person having care or custody of a child whom the person
4		knows or reasonably should know to be under the age of 13
5		and who knowingly permits, induces, promotes, or arranges
6		for such child to appear in any stage play, live
7		performance, film, videotape, photograph or other similar
8		visual presentation, portrayal or simulation or depiction
9		by computer of any act or activity described in
10		subparagraphs (i) through (vii) of paragraph (1) of this
11		subsection; or
12		(6) with knowledge of the nature or content thereof,
13		possesses any film, videotape, photograph or other similar
14		visual reproduction or depiction by computer of any child
15		whom the person knows or reasonably should know to be under
16		the age of 13 engaged in any activity described in
17		subparagraphs (i) through (vii) of paragraph (1) of this
18		subsection; or
19		(7) solicits, or knowingly uses, persuades, induces,
20		entices, or coerces a person to provide a child under the
21		age of 13 to appear in any videotape, photograph, film,
22		stage play, live presentation, or other similar visual
23		reproduction or depiction by computer in which the child
24		will be depicted, actually or by simulation, in any act,
25		pose, or setting described in subparagraphs (i) through
26		(vii) of paragraph (1) of this subsection.

SB3733 Engrossed - 1612 - LRB096 19592 AMC 34984 b
1		(b)(1) It shall be an affirmative defense to a charge of
2		aggravated child pornography that the defendant reasonably
3		believed, under all of the circumstances, that the child was 13
4		years of age or older, but only where, prior to the act or acts
5		giving rise to a prosecution under this Section, he or she took
6		some affirmative action or made a bonafide inquiry designed to
7		ascertain whether the child was 13 years of age or older and
8		his or her reliance upon the information so obtained was
9		clearly reasonable.
10		(2) The charge of aggravated child pornography shall not
11		apply to the performance of official duties by law enforcement
12		or prosecuting officers or persons employed by law enforcement
13		or prosecuting agencies, court personnel or attorneys, nor to
14		bonafide treatment or professional education programs
15		conducted by licensed physicians, psychologists or social
16		workers.
17		(3) If the defendant possessed more than 3 of the same
18		film, videotape or visual reproduction or depiction by computer
19		in which aggravated child pornography is depicted, then the
20		trier of fact may infer that the defendant possessed such
21		materials with the intent to disseminate them.
22		(4) The charge of aggravated child pornography does not
23		apply to a person who does not voluntarily possess a film,
24		videotape, or visual reproduction or depiction by computer in
25		which aggravated child pornography is depicted. Possession is
26		voluntary if the defendant knowingly procures or receives a

SB3733 Engrossed - 1613 - LRB096 19592 AMC 34984 b
1		film, videotape, or visual reproduction or depiction for a
2		sufficient time to be able to terminate his or her possession.
3		(5) Any violation of paragraph (1), (2), (3), (4), (5), or
4		(7) of subsection (a) that includes a child engaged in,
5		solicited for, depicted in, or posed in any act of sexual
6		penetration or bound, fettered, or subject to sadistic,
7		masochistic, or sadomasochistic abuse in a sexual context shall
8		be deemed a crime of violence.
9		(c) Sentence: (1) A person who commits a violation of
10		paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is
11		guilty of a Class X felony with a mandatory minimum fine of
12		$2,000 and a maximum fine of $100,000.
13		(2) A person who commits a violation of paragraph (6) of
14		subsection (a) is guilty of a Class 2 felony with a mandatory
15		minimum fine of $1000 and a maximum fine of $100,000.
16		(3) A person who commits a violation of paragraph (1), (2),
17		(3), (4), (5), or (7) of subsection (a) where the defendant has
18		previously been convicted under the laws of this State or any
19		other state of the offense of child pornography, aggravated
20		child pornography, aggravated criminal sexual abuse,
21		aggravated criminal sexual assault, predatory criminal sexual
22		assault of a child, or any of the offenses formerly known as
23		rape, deviate sexual assault, indecent liberties with a child,
24		or aggravated indecent liberties with a child where the victim
25		was under the age of 18 years or an offense that is
26		substantially equivalent to those offenses, is guilty of a

SB3733 Engrossed - 1614 - LRB096 19592 AMC 34984 b
1		Class X felony for which the person shall be sentenced to a
2		term of imprisonment of not less than 9 years with a mandatory
3		minimum fine of $2,000 and a maximum fine of $100,000.
4		(4) A person who commits a violation of paragraph (6) of
5		subsection (a) where the defendant has previously been
6		convicted under the laws of this State or any other state of
7		the offense of child pornography, aggravated child
8		pornography, aggravated criminal sexual abuse, aggravated
9		criminal sexual assault, predatory criminal sexual assault of a
10		child, or any of the offenses formerly known as rape, deviate
11		sexual assault, indecent liberties with a child, or aggravated
12		indecent liberties with a child where the victim was under the
13		age of 18 years or an offense that is substantially equivalent
14		to those offenses, is guilty of a Class 1 felony with a
15		mandatory minimum fine of $1000 and a maximum fine of $100,000.
16		(d) If a person is convicted of a second or subsequent
17		violation of this Section within 10 years of a prior
18		conviction, the court shall order a presentence psychiatric
19		examination of the person. The examiner shall report to the
20		court whether treatment of the person is necessary.
21		(e) Any film, videotape, photograph or other similar visual
22		reproduction or depiction by computer which includes a child
23		under the age of 13 engaged in any activity described in
24		subparagraphs (i) through (vii) of paragraph (1) of subsection
25		(a), and any material or equipment used or intended for use in
26		photographing, filming, printing, producing, reproducing,

SB3733 Engrossed - 1615 - LRB096 19592 AMC 34984 b
1		manufacturing, projecting, exhibiting, depiction by computer,
2		or disseminating such material shall be seized and forfeited in
3		the manner, method and procedure provided by Section 36-1 of
4		this Code for the seizure and forfeiture of vessels, vehicles
5		and aircraft.
6		In addition, any person convicted under this Section is
7		subject to the property forfeiture provisions set forth in
8		Article 124B of the Code of Criminal Procedure of 1963.
9		(e-5) Upon the conclusion of a case brought under this
10		Section, the court shall seal all evidence depicting a victim
11		or witness that is sexually explicit. The evidence may be
12		unsealed and viewed, on a motion of the party seeking to unseal
13		and view the evidence, only for good cause shown and in the
14		discretion of the court. The motion must expressly set forth
15		the purpose for viewing the material. The State's attorney and
16		the victim, if possible, shall be provided reasonable notice of
17		the hearing on the motion to unseal the evidence. Any person
18		entitled to notice of a hearing under this subsection (e-5) may
19		object to the motion.
20		(f) Definitions. For the purposes of this Section:
21		(1) "Disseminate" means (i) to sell, distribute,
22		exchange or transfer possession, whether with or without
23		consideration or (ii) to make a depiction by computer
24		available for distribution or downloading through the
25		facilities of any telecommunications network or through
26		any other means of transferring computer programs or data

SB3733 Engrossed - 1616 - LRB096 19592 AMC 34984 b
1		to a computer.
2		(2) "Produce" means to direct, promote, advertise,
3		publish, manufacture, issue, present or show.
4		(3) "Reproduce" means to make a duplication or copy.
5		(4) "Depict by computer" means to generate or create,
6		or cause to be created or generated, a computer program or
7		data that, after being processed by a computer either alone
8		or in conjunction with one or more computer programs,
9		results in a visual depiction on a computer monitor,
10		screen, or display.
11		(5) "Depiction by computer" means a computer program or
12		data that, after being processed by a computer either alone
13		or in conjunction with one or more computer programs,
14		results in a visual depiction on a computer monitor,
15		screen, or display.
16		(6) "Computer", "computer program", and "data" have
17		the meanings ascribed to them in Section 16D-2 of this
18		Code.
19		(7) For the purposes of this Section, "child" means a
20		person, either in part or in total, under the age of 13,
21		regardless of the method by which the film, videotape,
22		photograph, or other similar visual medium or reproduction
23		or depiction by computer is created, adopted, or modified
24		to appear as such.
25		(8) "Sexual penetration" and "sexual conduct" have the
26		meanings ascribed to them in Section 12-12 of this Code.

SB3733 Engrossed - 1617 - LRB096 19592 AMC 34984 b
1		(g) When a charge of aggravated child pornography is
2		brought, the age of the child is an element of the offense to
3		be resolved by the trier of fact as either exceeding or not
4		exceeding the age in question. The trier of fact can rely on
5		its own everyday observations and common experiences in making
6		this determination.
7		(Source: P.A. 95-579, eff. 6-1-08; 96-292, eff. 1-1-10; 96-712,
8		eff. 1-1-10; revised 10-1-09.)
9		(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
10		Sec. 12-2. Aggravated assault.
11		(a) A person commits an aggravated assault, when, in
12		committing an assault, he:
13		(1) Uses a deadly weapon, an air rifle as defined in
14		the Air Rifle Act, or any device manufactured and designed
15		to be substantially similar in appearance to a firearm,
16		other than by discharging a firearm in the direction of
17		another person, a peace officer, a person summoned or
18		directed by a peace officer, a correctional officer, a
19		private security officer, or a fireman or in the direction
20		of a vehicle occupied by another person, a peace officer, a
21		person summoned or directed by a peace officer, a
22		correctional officer, a private security officer, or a
23		fireman while the officer or fireman is engaged in the
24		execution of any of his official duties, or to prevent the
25		officer or fireman from performing his official duties, or

SB3733 Engrossed - 1618 - LRB096 19592 AMC 34984 b
1		in retaliation for the officer or fireman performing his
2		official duties;
3		(2) Is hooded, robed or masked in such manner as to
4		conceal his identity or any device manufactured and
5		designed to be substantially similar in appearance to a
6		firearm;
7		(3) Knows the individual assaulted to be a teacher or
8		other person employed in any school and such teacher or
9		other employee is upon the grounds of a school or grounds
10		adjacent thereto, or is in any part of a building used for
11		school purposes;
12		(4) Knows the individual assaulted to be a supervisor,
13		director, instructor or other person employed in any park
14		district and such supervisor, director, instructor or
15		other employee is upon the grounds of the park or grounds
16		adjacent thereto, or is in any part of a building used for
17		park purposes;
18		(5) Knows the individual assaulted to be a caseworker,
19		investigator, or other person employed by the Department of
20		Healthcare and Family Services (formerly State Department
21		of Public Aid), a County Department of Public Aid, or the
22		Department of Human Services (acting as successor to the
23		Illinois Department of Public Aid under the Department of
24		Human Services Act) and such caseworker, investigator, or
25		other person is upon the grounds of a public aid office or
26		grounds adjacent thereto, or is in any part of a building

SB3733 Engrossed - 1619 - LRB096 19592 AMC 34984 b
1		used for public aid purposes, or upon the grounds of a home
2		of a public aid applicant, recipient or any other person
3		being interviewed or investigated in the employee's
4		employees' discharge of his duties, or on grounds adjacent
5		thereto, or is in any part of a building in which the
6		applicant, recipient, or other such person resides or is
7		located;
8		(6) Knows the individual assaulted to be a peace
9		officer, a community policing volunteer, a private
10		security officer, or a fireman while the officer or fireman
11		is engaged in the execution of any of his official duties,
12		or to prevent the officer, community policing volunteer, or
13		fireman from performing his official duties, or in
14		retaliation for the officer, community policing volunteer,
15		or fireman performing his official duties, and the assault
16		is committed other than by the discharge of a firearm in
17		the direction of the officer or fireman or in the direction
18		of a vehicle occupied by the officer or fireman;
19		(7) Knows the individual assaulted to be an emergency
20		medical technician - ambulance, emergency medical
21		technician - intermediate, emergency medical technician -
22		paramedic, ambulance driver or other medical assistance or
23		first aid personnel engaged in the execution of any of his
24		official duties, or to prevent the emergency medical
25		technician - ambulance, emergency medical technician -
26		intermediate, emergency medical technician - paramedic,

SB3733 Engrossed - 1620 - LRB096 19592 AMC 34984 b
1		ambulance driver, or other medical assistance or first aid
2		personnel from performing his official duties, or in
3		retaliation for the emergency medical technician -
4		ambulance, emergency medical technician - intermediate,
5		emergency medical technician - paramedic, ambulance
6		driver, or other medical assistance or first aid personnel
7		performing his official duties;
8		(8) Knows the individual assaulted to be the driver,
9		operator, employee or passenger of any transportation
10		facility or system engaged in the business of
11		transportation of the public for hire and the individual
12		assaulted is then performing in such capacity or then using
13		such public transportation as a passenger or using any area
14		of any description designated by the transportation
15		facility or system as a vehicle boarding, departure, or
16		transfer location;
17		(9) Or the individual assaulted is on or about a public
18		way, public property, or public place of accommodation or
19		amusement;
20		(9.5) Is, or the individual assaulted is, in or about a
21		publicly or privately owned sports or entertainment arena,
22		stadium, community or convention hall, special event
23		center, amusement facility, or a special event center in a
24		public park during any 24-hour period when a professional
25		sporting event, National Collegiate Athletic Association
26		(NCAA)-sanctioned sporting event, United States Olympic

SB3733 Engrossed - 1621 - LRB096 19592 AMC 34984 b
1		Committee-sanctioned sporting event, or International
2		Olympic Committee-sanctioned sporting event is taking
3		place in this venue;
4		(10) Knows the individual assaulted to be an employee
5		of the State of Illinois, a municipal corporation therein
6		or a political subdivision thereof, engaged in the
7		performance of his authorized duties as such employee;
8		(11) Knowingly and without legal justification,
9		commits an assault on a physically handicapped person;
10		(12) Knowingly and without legal justification,
11		commits an assault on a person 60 years of age or older;
12		(13) Discharges a firearm, other than from a motor
13		vehicle;
14		(13.5) Discharges a firearm from a motor vehicle;
15		(14) Knows the individual assaulted to be a
16		correctional officer, while the officer is engaged in the
17		execution of any of his or her official duties, or to
18		prevent the officer from performing his or her official
19		duties, or in retaliation for the officer performing his or
20		her official duties;
21		(15) Knows the individual assaulted to be a
22		correctional employee or an employee of the Department of
23		Human Services supervising or controlling sexually
24		dangerous persons or sexually violent persons, while the
25		employee is engaged in the execution of any of his or her
26		official duties, or to prevent the employee from performing

SB3733 Engrossed - 1622 - LRB096 19592 AMC 34984 b
1		his or her official duties, or in retaliation for the
2		employee performing his or her official duties, and the
3		assault is committed other than by the discharge of a
4		firearm in the direction of the employee or in the
5		direction of a vehicle occupied by the employee;
6		(16) Knows the individual assaulted to be an employee
7		of a police or sheriff's department, or a person who is
8		employed by a municipality and whose duties include traffic
9		control, engaged in the performance of his or her official
10		duties as such employee;
11		(17) Knows the individual assaulted to be a sports
12		official or coach at any level of competition and the act
13		causing the assault to the sports official or coach
14		occurred within an athletic facility or an indoor or
15		outdoor playing field or within the immediate vicinity of
16		the athletic facility or an indoor or outdoor playing field
17		at which the sports official or coach was an active
18		participant in the athletic contest held at the athletic
19		facility. For the purposes of this paragraph (17), "sports
20		official" means a person at an athletic contest who
21		enforces the rules of the contest, such as an umpire or
22		referee; and "coach" means a person recognized as a coach
23		by the sanctioning authority that conducted the athletic
24		contest;
25		(18) Knows the individual assaulted to be an emergency
26		management worker, while the emergency management worker

SB3733 Engrossed - 1623 - LRB096 19592 AMC 34984 b
1		is engaged in the execution of any of his or her official
2		duties, or to prevent the emergency management worker from
3		performing his or her official duties, or in retaliation
4		for the emergency management worker performing his or her
5		official duties, and the assault is committed other than by
6		the discharge of a firearm in the direction of the
7		emergency management worker or in the direction of a
8		vehicle occupied by the emergency management worker; or
9		(19) Knows the individual assaulted to be a utility
10		worker, while the utility worker is engaged in the
11		execution of his or her duties, or to prevent the utility
12		worker from performing his or her duties, or in retaliation
13		for the utility worker performing his or her duties. In
14		this paragraph (19), "utility worker" means a person
15		employed by a public utility as defined in Section 3-105 of
16		the Public Utilities Act and also includes an employee of a
17		municipally owned utility, an employee of a cable
18		television company, an employee of an electric cooperative
19		as defined in Section 3-119 of the Public Utilities Act, an
20		independent contractor or an employee of an independent
21		contractor working on behalf of a cable television company,
22		public utility, municipally owned utility, or an electric
23		cooperative, or an employee of a telecommunications
24		carrier as defined in Section 13-202 of the Public
25		Utilities Act, an independent contractor or an employee of
26		an independent contractor working on behalf of a

SB3733 Engrossed - 1624 - LRB096 19592 AMC 34984 b
1		telecommunications carrier, or an employee of a telephone
2		or telecommunications cooperative as defined in Section
3		13-212 of the Public Utilities Act, or an independent
4		contractor or an employee of an independent contractor
5		working on behalf of a telephone or telecommunications
6		cooperative.
7		(a-5) A person commits an aggravated assault when he or she
8		knowingly and without lawful justification shines or flashes a
9		laser gunsight or other laser device that is attached or
10		affixed to a firearm, or used in concert with a firearm, so
11		that the laser beam strikes near or in the immediate vicinity
12		of any person.
13		(b) Sentence.
14		Aggravated assault as defined in paragraphs (1) through (5)
15		and (8) through (12) and (17) and (19) of subsection (a) of
16		this Section is a Class A misdemeanor. Aggravated assault as
17		defined in paragraphs (13), (14), and (15) of subsection (a) of
18		this Section and as defined in subsection (a-5) of this Section
19		is a Class 4 felony. Aggravated assault as defined in
20		paragraphs (6), (7), (16), and (18) of subsection (a) of this
21		Section is a Class A misdemeanor if a firearm is not used in
22		the commission of the assault. Aggravated assault as defined in
23		paragraphs (6), (7), (16), and (18) of subsection (a) of this
24		Section is a Class 4 felony if a firearm is used in the
25		commission of the assault. Aggravated assault as defined in
26		paragraph (13.5) of subsection (a) is a Class 3 felony.

SB3733 Engrossed - 1625 - LRB096 19592 AMC 34984 b
1		(c) For the purposes of paragraphs (1) and (6) of
2		subsection (a), "private security officer" means a registered
3		employee of a private security contractor agency under the
4		Private Detective, Private Alarm, Private Security,
5		Fingerprint Vendor, and Locksmith Act of 2004.
6		(Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07;
7		95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff.
8		9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; revised
9		11-4-09.)
10		(720 ILCS 5/12-3.3)
11		Sec. 12-3.3. Aggravated domestic battery.
12		(a) A person who, in committing a domestic battery,
13		intentionally or knowingly causes great bodily harm, or
14		permanent disability or disfigurement commits aggravated
15		domestic battery.
16		(a-5) A person who, in committing a domestic battery,
17		strangles another individual commits aggravated domestic
18		battery. For the purposes of this subsection (a-5), "strangle"
19		means intentionally impeding the normal breathing or
20		circulation of the blood of an individual by applying pressure
21		on the throat or neck of that individual or by blocking the
22		nose or mouth of that individual.
23		(b) Sentence. Aggravated domestic battery is a Class 2
24		felony. Any order of probation or conditional discharge entered
25		following a conviction for an offense under this Section must

SB3733 Engrossed - 1626 - LRB096 19592 AMC 34984 b
1		include, in addition to any other condition of probation or
2		conditional discharge, a condition that the offender serve a
3		mandatory term of imprisonment of not less than 60 consecutive
4		days. A person convicted of a second or subsequent violation of
5		this Section must be sentenced to a mandatory term of
6		imprisonment of not less than 3 years and not more than 7 years
7		or an extended term of imprisonment of not less than 7 years
8		and not more than 14 years.
9		(c) Upon conviction of aggravated domestic battery, the
10		court shall advise the defendant orally or in writing,
11		substantially as follows: "An individual convicted of
12		aggravated domestic battery may be subject to federal criminal
13		penalties for possessing, transporting, shipping, or receiving
14		any firearm or ammunition in violation of the federal Gun
15		Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation
16		shall be made in the court file that the admonition was given.
17		(Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09;
18		revised 9-4-09.)
19		(720 ILCS 5/12-4)
20		Sec. 12-4. Aggravated Battery.
21		(a) A person who, in committing a battery, intentionally or
22		knowingly causes great bodily harm, or permanent disability or
23		disfigurement commits aggravated battery.
24		(b) In committing a battery, a person commits aggravated
25		battery if he or she:

SB3733 Engrossed - 1627 - LRB096 19592 AMC 34984 b
1		(1) Uses a deadly weapon other than by the discharge of
2		a firearm, or uses an air rifle as defined in the Air Rifle
3		Act;
4		(2) Is hooded, robed or masked, in such manner as to
5		conceal his identity;
6		(3) Knows the individual harmed to be a teacher or
7		other person employed in any school and such teacher or
8		other employee is upon the grounds of a school or grounds
9		adjacent thereto, or is in any part of a building used for
10		school purposes;
11		(4) (Blank);
12		(5) (Blank);
13		(6) Knows the individual harmed to be a community
14		policing volunteer while such volunteer is engaged in the
15		execution of any official duties, or to prevent the
16		volunteer from performing official duties, or in
17		retaliation for the volunteer performing official duties,
18		and the battery is committed other than by the discharge of
19		a firearm;
20		(7) Knows the individual harmed to be an emergency
21		medical technician - ambulance, emergency medical
22		technician - intermediate, emergency medical technician -
23		paramedic, ambulance driver, other medical assistance,
24		first aid personnel, or hospital personnel engaged in the
25		performance of any of his or her official duties, or to
26		prevent the emergency medical technician - ambulance,

SB3733 Engrossed - 1628 - LRB096 19592 AMC 34984 b
1		emergency medical technician - intermediate, emergency
2		medical technician - paramedic, ambulance driver, other
3		medical assistance, first aid personnel, or hospital
4		personnel from performing official duties, or in
5		retaliation for performing official duties;
6		(8) Is, or the person battered is, on or about a public
7		way, public property or public place of accommodation or
8		amusement;
9		(8.5) Is, or the person battered is, on a publicly or
10		privately owned sports or entertainment arena, stadium,
11		community or convention hall, special event center,
12		amusement facility, or a special event center in a public
13		park during any 24-hour period when a professional sporting
14		event, National Collegiate Athletic Association
15		(NCAA)-sanctioned sporting event, United States Olympic
16		Committee-sanctioned sporting event, or International
17		Olympic Committee-sanctioned sporting event is taking
18		place in this venue;
19		(9) Knows the individual harmed to be the driver,
20		operator, employee or passenger of any transportation
21		facility or system engaged in the business of
22		transportation of the public for hire and the individual
23		assaulted is then performing in such capacity or then using
24		such public transportation as a passenger or using any area
25		of any description designated by the transportation
26		facility or system as a vehicle boarding, departure, or

SB3733 Engrossed - 1629 - LRB096 19592 AMC 34984 b
1		transfer location;
2		(10) Knows the individual harmed to be an individual of
3		60 years of age or older;
4		(11) Knows the individual harmed is pregnant;
5		(12) Knows the individual harmed to be a judge whom the
6		person intended to harm as a result of the judge's
7		performance of his or her official duties as a judge;
8		(13) (Blank);
9		(14) Knows the individual harmed to be a person who is
10		physically handicapped;
11		(15) Knowingly and without legal justification and by
12		any means causes bodily harm to a merchant who detains the
13		person for an alleged commission of retail theft under
14		Section 16A-5 of this Code. In this item (15), "merchant"
15		has the meaning ascribed to it in Section 16A-2.4 of this
16		Code;
17		(16) Is, or the person battered is, in any building or
18		other structure used to provide shelter or other services
19		to victims or to the dependent children of victims of
20		domestic violence pursuant to the Illinois Domestic
21		Violence Act of 1986 or the Domestic Violence Shelters Act,
22		or the person battered is within 500 feet of such a
23		building or other structure while going to or from such a
24		building or other structure. "Domestic violence" has the
25		meaning ascribed to it in Section 103 of the Illinois
26		Domestic Violence Act of 1986. "Building or other structure

SB3733 Engrossed - 1630 - LRB096 19592 AMC 34984 b
1		used to provide shelter" has the meaning ascribed to
2		"shelter" in Section 1 of the Domestic Violence Shelters
3		Act;
4		(17) (Blank);
5		(18) Knows the individual harmed to be an officer or
6		employee of the State of Illinois, a unit of local
7		government, or school district engaged in the performance
8		of his or her authorized duties as such officer or
9		employee;
10		(19) Knows the individual harmed to be an emergency
11		management worker engaged in the performance of any of his
12		or her official duties, or to prevent the emergency
13		management worker from performing official duties, or in
14		retaliation for the emergency management worker performing
15		official duties;
16		(20) Knows the individual harmed to be a private
17		security officer engaged in the performance of any of his
18		or her official duties, or to prevent the private security
19		officer from performing official duties, or in retaliation
20		for the private security officer performing official
21		duties; or
22		(21) Knows the individual harmed to be a taxi driver
23		and the battery is committed while the taxi driver is on
24		duty; or
25		(22) Knows the individual harmed to be a utility
26		worker, while the utility worker is engaged in the

SB3733 Engrossed - 1631 - LRB096 19592 AMC 34984 b
1		execution of his or her duties, or to prevent the utility
2		worker from performing his or her duties, or in retaliation
3		for the utility worker performing his or her duties. In
4		this paragraph (22), "utility worker" means a person
5		employed by a public utility as defined in Section 3-105 of
6		the Public Utilities Act and also includes an employee of a
7		municipally owned utility, an employee of a cable
8		television company, an employee of an electric cooperative
9		as defined in Section 3-119 of the Public Utilities Act, an
10		independent contractor or an employee of an independent
11		contractor working on behalf of a cable television company,
12		public utility, municipally owned utility, or an electric
13		cooperative, or an employee of a telecommunications
14		carrier as defined in Section 13-202 of the Public
15		Utilities Act, an independent contractor or an employee of
16		an independent contractor working on behalf of a
17		telecommunications carrier, or an employee of a telephone
18		or telecommunications cooperative as defined in Section
19		13-212 of the Public Utilities Act, or an independent
20		contractor or an employee of an independent contractor
21		working on behalf of a telephone or telecommunications
22		cooperative.
23		For the purpose of paragraph (14) of subsection (b) of this
24		Section, a physically handicapped person is a person who
25		suffers from a permanent and disabling physical
26		characteristic, resulting from disease, injury, functional

SB3733 Engrossed - 1632 - LRB096 19592 AMC 34984 b
1		disorder or congenital condition.
2		For the purpose of paragraph (20) of subsection (b) and
3		subsection (e) of this Section, "private security officer"
4		means a registered employee of a private security contractor
5		agency under the Private Detective, Private Alarm, Private
6		Security, Fingerprint Vendor, and Locksmith Act of 2004.
7		(c) A person who administers to an individual or causes him
8		to take, without his consent or by threat or deception, and for
9		other than medical purposes, any intoxicating, poisonous,
10		stupefying, narcotic, anesthetic, or controlled substance
11		commits aggravated battery.
12		(d) A person who knowingly gives to another person any food
13		that contains any substance or object that is intended to cause
14		physical injury if eaten, commits aggravated battery.
15		(d-3) A person commits aggravated battery when he or she
16		knowingly and without lawful justification shines or flashes a
17		laser gunsight or other laser device that is attached or
18		affixed to a firearm, or used in concert with a firearm, so
19		that the laser beam strikes upon or against the person of
20		another.
21		(d-5) An inmate of a penal institution or a sexually
22		dangerous person or a sexually violent person in the custody of
23		the Department of Human Services who causes or attempts to
24		cause a correctional employee of the penal institution or an
25		employee of the Department of Human Services to come into
26		contact with blood, seminal fluid, urine, or feces, by

SB3733 Engrossed - 1633 - LRB096 19592 AMC 34984 b
1		throwing, tossing, or expelling that fluid or material commits
2		aggravated battery. For purposes of this subsection (d-5),
3		"correctional employee" means a person who is employed by a
4		penal institution.
5		(d-6) A person commits aggravated battery when he or she,
6		in committing a battery, strangles another individual. For the
7		purposes of this subsection (d-6), "strangle" means
8		intentionally impeding the normal breathing or circulation of
9		the blood of an individual by applying pressure on the throat
10		or neck of that individual or by blocking the nose or mouth of
11		that individual.
12		(e) Sentence.
13		(1) Except as otherwise provided in paragraphs (2),
14		(3), and (4), and (5) aggravated battery is a Class 3
15		felony.
16		(2) Aggravated battery that does not cause great bodily
17		harm or permanent disability or disfigurement is a Class 2
18		felony when the person knows the individual harmed to be a
19		peace officer, a community policing volunteer, a private
20		security officer, a correctional institution employee, an
21		employee of the Department of Human Services supervising or
22		controlling sexually dangerous persons or sexually violent
23		persons, or a fireman while such officer, volunteer,
24		employee, or fireman is engaged in the execution of any
25		official duties including arrest or attempted arrest, or to
26		prevent the officer, volunteer, employee, or fireman from

SB3733 Engrossed - 1634 - LRB096 19592 AMC 34984 b
1		performing official duties, or in retaliation for the
2		officer, volunteer, employee, or fireman performing
3		official duties, and the battery is committed other than by
4		the discharge of a firearm.
5		(3) Aggravated battery that causes great bodily harm or
6		permanent disability or disfigurement in violation of
7		subsection (a) is a Class 1 felony when the person knows
8		the individual harmed to be a peace officer, a community
9		policing volunteer, a private security officer, a
10		correctional institution employee, an employee of the
11		Department of Human Services supervising or controlling
12		sexually dangerous persons or sexually violent persons, or
13		a fireman while such officer, volunteer, employee, or
14		fireman is engaged in the execution of any official duties
15		including arrest or attempted arrest, or to prevent the
16		officer, volunteer, employee, or fireman from performing
17		official duties, or in retaliation for the officer,
18		volunteer, employee, or fireman performing official
19		duties, and the battery is committed other than by the
20		discharge of a firearm.
21		(4) Aggravated battery under subsection (d-5) is a
22		Class 2 felony.
23		(5) Aggravated battery under subsection (d-6) is a
24		Class 1 felony if:
25		(A) the person used or attempted to use a dangerous
26		instrument while committing the offense; or

SB3733 Engrossed - 1635 - LRB096 19592 AMC 34984 b
1		(B) the person caused great bodily harm or
2		permanent disability or disfigurement to the other
3		person while committing the offense; or
4		(C) the person has been previously convicted of a
5		violation of subsection (d-6) under the laws of this
6		State or laws similar to subsection (d-6) of any other
7		state.
8		(6) (5) For purposes of this subsection (e), the term
9		"firearm" shall have the meaning provided under Section 1.1
10		of the Firearms Owners Identification Card Act, and shall
11		not include an air rifle as defined by Section 1 of the Air
12		Rifle Act.
13		(Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331,
14		eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876,
15		eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
16		revised 9-4-09.)
17		(720 ILCS 5/12-7.5)
18		Sec. 12-7.5. Cyberstalking.
19		(a) A person commits cyberstalking when he or she engages
20		in a course of conduct using electronic communication directed
21		at a specific person, and he or she knows or should know that
22		would cause a reasonable person to:
23		(1) fear for his or her safety or the safety of a third
24		person; or
25		(2) suffer other emotional distress.

SB3733 Engrossed - 1636 - LRB096 19592 AMC 34984 b
1		(a-3) A person commits cyberstalking when he or she,
2		knowingly and without lawful justification, on at least 2
3		separate occasions, harasses another person through the use of
4		electronic communication and:
5		(1) at any time transmits a threat of immediate or
6		future bodily harm, sexual assault, confinement, or
7		restraint and the threat is directed towards that person or
8		a family member of that person; or
9		(2) places that person or a family member of that
10		person in reasonable apprehension of immediate or future
11		bodily harm, sexual assault, confinement, or restraint; or
12		(3) at any time knowingly solicits the commission of an
13		act by any person which would be a violation of this Code
14		directed towards that person or a family member of that
15		person.
16		(a-5) A person commits cyberstalking when he or she,
17		knowingly and without lawful justification, creates and
18		maintains an Internet website or webpage which is accessible to
19		one or more third parties for a period of at least 24 hours,
20		and which contains statements harassing another person and:
21		(1) which communicates a threat of immediate or future
22		bodily harm, sexual assault, confinement, or restraint,
23		where the threat is directed towards that person or a
24		family member of that person, or
25		(2) which places that person or a family member of that
26		person in reasonable apprehension of immediate or future

SB3733 Engrossed - 1637 - LRB096 19592 AMC 34984 b
1		bodily harm, sexual assault, confinement, or restraint, or
2		(3) which knowingly solicits the commission of an act
3		by any person which would be a violation of this Code
4		directed towards that person or a family member of that
5		person.
6		(b) Sentence. Cyberstalking is a Class 4 felony. A second
7		or subsequent conviction for cyberstalking is a Class 3 felony.
8		(c) For purposes of this Section:
9		(1) "Course of conduct" means 2 or more acts, including
10		but not limited to acts in which a defendant directly,
11		indirectly, or through third parties, by any action,
12		method, device, or means follows, monitors, observes,
13		surveils, threatens, or communicates to or about, a person,
14		engages in other non-consensual contact, or interferes
15		with or damages a person's property or pet. The
16		incarceration in a penal institution of a person who
17		commits the course of conduct is not a bar to prosecution
18		under this Section.
19		(2) "Electronic communication" means any transfer of
20		signs, signals, writings, sounds, data, or intelligence of
21		any nature transmitted in whole or in part by a wire,
22		radio, electromagnetic, photoelectric, or photo-optical
23		system. "Electronic communication" includes transmissions
24		by a computer through the Internet to another computer.
25		(3) "Emotional distress" means significant mental
26		suffering, anxiety or alarm.

SB3733 Engrossed - 1638 - LRB096 19592 AMC 34984 b
1		(4) "Harass" means to engage in a knowing and willful
2		course of conduct directed at a specific person that
3		alarms, torments, or terrorizes that person.
4		(5) "Non-consensual contact" means any contact with
5		the victim that is initiated or continued without the
6		victim's consent, including but not limited to being in the
7		physical presence of the victim; appearing within the sight
8		of the victim; approaching or confronting the victim in a
9		public place or on private property; appearing at the
10		workplace or residence of the victim; entering onto or
11		remaining on property owned, leased, or occupied by the
12		victim; or placing an object on, or delivering an object
13		to, property owned, leased, or occupied by the victim.
14		(6) "Reasonable person" means a person in the victim's
15		circumstances, with the victim's knowledge of the
16		defendant and the defendant's prior acts.
17		(7) "Third party" means any person other than the
18		person violating these provisions and the person or persons
19		towards whom the violator's actions are directed.
20		(d) Telecommunications carriers, commercial mobile service
21		providers, and providers of information services, including,
22		but not limited to, Internet service providers and hosting
23		service providers, are not liable under this Section, except
24		for willful and wanton misconduct, by virtue of the
25		transmission, storage, or caching of electronic communications
26		or messages of others or by virtue of the provision of other

SB3733 Engrossed - 1639 - LRB096 19592 AMC 34984 b
1		related telecommunications, commercial mobile services, or
2		information services used by others in violation of this
3		Section.
4		(Source: P.A. 95-849, eff. 1-1-09; 96-328, eff. 8-11-09;
5		96-686, eff. 1-1-10; revised 10-20-09.)
6		(720 ILCS 5/14-3)
7		Sec. 14-3. Exemptions. The following activities shall be
8		exempt from the provisions of this Article:
9		(a) Listening to radio, wireless and television
10		communications of any sort where the same are publicly made;
11		(b) Hearing conversation when heard by employees of any
12		common carrier by wire incidental to the normal course of their
13		employment in the operation, maintenance or repair of the
14		equipment of such common carrier by wire so long as no
15		information obtained thereby is used or divulged by the hearer;
16		(c) Any broadcast by radio, television or otherwise whether
17		it be a broadcast or recorded for the purpose of later
18		broadcasts of any function where the public is in attendance
19		and the conversations are overheard incidental to the main
20		purpose for which such broadcasts are then being made;
21		(d) Recording or listening with the aid of any device to
22		any emergency communication made in the normal course of
23		operations by any federal, state or local law enforcement
24		agency or institutions dealing in emergency services,
25		including, but not limited to, hospitals, clinics, ambulance

SB3733 Engrossed - 1640 - LRB096 19592 AMC 34984 b
1		services, fire fighting agencies, any public utility,
2		emergency repair facility, civilian defense establishment or
3		military installation;
4		(e) Recording the proceedings of any meeting required to be
5		open by the Open Meetings Act, as amended;
6		(f) Recording or listening with the aid of any device to
7		incoming telephone calls of phone lines publicly listed or
8		advertised as consumer "hotlines" by manufacturers or
9		retailers of food and drug products. Such recordings must be
10		destroyed, erased or turned over to local law enforcement
11		authorities within 24 hours from the time of such recording and
12		shall not be otherwise disseminated. Failure on the part of the
13		individual or business operating any such recording or
14		listening device to comply with the requirements of this
15		subsection shall eliminate any civil or criminal immunity
16		conferred upon that individual or business by the operation of
17		this Section;
18		(g) With prior notification to the State's Attorney of the
19		county in which it is to occur, recording or listening with the
20		aid of any device to any conversation where a law enforcement
21		officer, or any person acting at the direction of law
22		enforcement, is a party to the conversation and has consented
23		to it being intercepted or recorded under circumstances where
24		the use of the device is necessary for the protection of the
25		law enforcement officer or any person acting at the direction
26		of law enforcement, in the course of an investigation of a

SB3733 Engrossed - 1641 - LRB096 19592 AMC 34984 b
1		forcible felony, a felony violation of the Illinois Controlled
2		Substances Act, a felony violation of the Cannabis Control Act,
3		a felony violation of the Methamphetamine Control and Community
4		Protection Act, any "streetgang related" or "gang-related"
5		felony as those terms are defined in the Illinois Streetgang
6		Terrorism Omnibus Prevention Act, or any felony offense
7		involving any weapon listed in paragraphs (1) through (11) of
8		subsection (a) of Section 24-1 of this Code. Any recording or
9		evidence derived as the result of this exemption shall be
10		inadmissible in any proceeding, criminal, civil or
11		administrative, except (i) where a party to the conversation
12		suffers great bodily injury or is killed during such
13		conversation, or (ii) when used as direct impeachment of a
14		witness concerning matters contained in the interception or
15		recording. The Director of the Department of State Police shall
16		issue regulations as are necessary concerning the use of
17		devices, retention of tape recordings, and reports regarding
18		their use;
19		(g-5) With approval of the State's Attorney of the county
20		in which it is to occur, recording or listening with the aid of
21		any device to any conversation where a law enforcement officer,
22		or any person acting at the direction of law enforcement, is a
23		party to the conversation and has consented to it being
24		intercepted or recorded in the course of an investigation of
25		any offense defined in Article 29D of this Code. In all such
26		cases, an application for an order approving the previous or

SB3733 Engrossed - 1642 - LRB096 19592 AMC 34984 b
1		continuing use of an eavesdropping device must be made within
2		48 hours of the commencement of such use. In the absence of
3		such an order, or upon its denial, any continuing use shall
4		immediately terminate. The Director of State Police shall issue
5		rules as are necessary concerning the use of devices, retention
6		of tape recordings, and reports regarding their use.
7		Any recording or evidence obtained or derived in the course
8		of an investigation of any offense defined in Article 29D of
9		this Code shall, upon motion of the State's Attorney or
10		Attorney General prosecuting any violation of Article 29D, be
11		reviewed in camera with notice to all parties present by the
12		court presiding over the criminal case, and, if ruled by the
13		court to be relevant and otherwise admissible, it shall be
14		admissible at the trial of the criminal case.
15		This subsection (g-5) is inoperative on and after January
16		1, 2005. No conversations recorded or monitored pursuant to
17		this subsection (g-5) shall be inadmissible in a court of law
18		by virtue of the repeal of this subsection (g-5) on January 1,
19		2005;
20		(g-6) With approval of the State's Attorney of the county
21		in which it is to occur, recording or listening with the aid of
22		any device to any conversation where a law enforcement officer,
23		or any person acting at the direction of law enforcement, is a
24		party to the conversation and has consented to it being
25		intercepted or recorded in the course of an investigation of
26		child pornography, aggravated child pornography, indecent

SB3733 Engrossed - 1643 - LRB096 19592 AMC 34984 b
1		solicitation of a child, child abduction, luring of a minor,
2		sexual exploitation of a child, predatory criminal sexual
3		assault of a child, aggravated criminal sexual abuse in which
4		the victim of the offense was at the time of the commission of
5		the offense under 18 years of age, criminal sexual abuse by
6		force or threat of force in which the victim of the offense was
7		at the time of the commission of the offense under 18 years of
8		age, or aggravated criminal sexual assault in which the victim
9		of the offense was at the time of the commission of the offense
10		under 18 years of age. In all such cases, an application for an
11		order approving the previous or continuing use of an
12		eavesdropping device must be made within 48 hours of the
13		commencement of such use. In the absence of such an order, or
14		upon its denial, any continuing use shall immediately
15		terminate. The Director of State Police shall issue rules as
16		are necessary concerning the use of devices, retention of
17		recordings, and reports regarding their use. Any recording or
18		evidence obtained or derived in the course of an investigation
19		of child pornography, aggravated child pornography, indecent
20		solicitation of a child, child abduction, luring of a minor,
21		sexual exploitation of a child, predatory criminal sexual
22		assault of a child, aggravated criminal sexual abuse in which
23		the victim of the offense was at the time of the commission of
24		the offense under 18 years of age, criminal sexual abuse by
25		force or threat of force in which the victim of the offense was
26		at the time of the commission of the offense under 18 years of

SB3733 Engrossed - 1644 - LRB096 19592 AMC 34984 b
1		age, or aggravated criminal sexual assault in which the victim
2		of the offense was at the time of the commission of the offense
3		under 18 years of age shall, upon motion of the State's
4		Attorney or Attorney General prosecuting any case involving
5		child pornography, aggravated child pornography, indecent
6		solicitation of a child, child abduction, luring of a minor,
7		sexual exploitation of a child, predatory criminal sexual
8		assault of a child, aggravated criminal sexual abuse in which
9		the victim of the offense was at the time of the commission of
10		the offense under 18 years of age, criminal sexual abuse by
11		force or threat of force in which the victim of the offense was
12		at the time of the commission of the offense under 18 years of
13		age, or aggravated criminal sexual assault in which the victim
14		of the offense was at the time of the commission of the offense
15		under 18 years of age, be reviewed in camera with notice to all
16		parties present by the court presiding over the criminal case,
17		and, if ruled by the court to be relevant and otherwise
18		admissible, it shall be admissible at the trial of the criminal
19		case. Absent such a ruling, any such recording or evidence
20		shall not be admissible at the trial of the criminal case;
21		(h) Recordings made simultaneously with the use of an
22		in-car video camera recording of an oral conversation between a
23		uniformed peace officer, who has identified his or her office,
24		and a person in the presence of the peace officer whenever (i)
25		an officer assigned a patrol vehicle is conducting an
26		enforcement stop; or (ii) patrol vehicle emergency lights are

SB3733 Engrossed - 1645 - LRB096 19592 AMC 34984 b
1		activated or would otherwise be activated if not for the need
2		to conceal the presence of law enforcement.
3		For the purposes of this subsection (h), "enforcement stop"
4		means an action by a law enforcement officer in relation to
5		enforcement and investigation duties, including but not
6		limited to, traffic stops, pedestrian stops, abandoned vehicle
7		contacts, motorist assists, commercial motor vehicle stops,
8		roadside safety checks, requests for identification, or
9		responses to requests for emergency assistance;
10		(h-5) Recordings of utterances made by a person while in
11		the presence of a uniformed peace officer and while an occupant
12		of a police vehicle including, but not limited to, (i)
13		recordings made simultaneously with the use of an in-car video
14		camera and (ii) recordings made in the presence of the peace
15		officer utilizing video or audio systems, or both, authorized
16		by the law enforcement agency;
17		(h-10) Recordings made simultaneously with a video camera
18		recording during the use of a taser or similar weapon or device
19		by a peace officer if the weapon or device is equipped with
20		such camera;
21		(h-15) Recordings made under subsection (h), (h-5), or
22		(h-10) shall be retained by the law enforcement agency that
23		employs the peace officer who made the recordings for a storage
24		period of 90 days, unless the recordings are made as a part of
25		an arrest or the recordings are deemed evidence in any
26		criminal, civil, or administrative proceeding and then the

SB3733 Engrossed - 1646 - LRB096 19592 AMC 34984 b
1		recordings must only be destroyed upon a final disposition and
2		an order from the court. Under no circumstances shall any
3		recording be altered or erased prior to the expiration of the
4		designated storage period. Upon completion of the storage
5		period, the recording medium may be erased and reissued for
6		operational use;
7		(i) Recording of a conversation made by or at the request
8		of a person, not a law enforcement officer or agent of a law
9		enforcement officer, who is a party to the conversation, under
10		reasonable suspicion that another party to the conversation is
11		committing, is about to commit, or has committed a criminal
12		offense against the person or a member of his or her immediate
13		household, and there is reason to believe that evidence of the
14		criminal offense may be obtained by the recording;
15		(j) The use of a telephone monitoring device by either (1)
16		a corporation or other business entity engaged in marketing or
17		opinion research or (2) a corporation or other business entity
18		engaged in telephone solicitation, as defined in this
19		subsection, to record or listen to oral telephone solicitation
20		conversations or marketing or opinion research conversations
21		by an employee of the corporation or other business entity
22		when:
23		(i) the monitoring is used for the purpose of service
24		quality control of marketing or opinion research or
25		telephone solicitation, the education or training of
26		employees or contractors engaged in marketing or opinion

SB3733 Engrossed - 1647 - LRB096 19592 AMC 34984 b
1		research or telephone solicitation, or internal research
2		related to marketing or opinion research or telephone
3		solicitation; and
4		(ii) the monitoring is used with the consent of at
5		least one person who is an active party to the marketing or
6		opinion research conversation or telephone solicitation
7		conversation being monitored.
8		No communication or conversation or any part, portion, or
9		aspect of the communication or conversation made, acquired, or
10		obtained, directly or indirectly, under this exemption (j), may
11		be, directly or indirectly, furnished to any law enforcement
12		officer, agency, or official for any purpose or used in any
13		inquiry or investigation, or used, directly or indirectly, in
14		any administrative, judicial, or other proceeding, or divulged
15		to any third party.
16		When recording or listening authorized by this subsection
17		(j) on telephone lines used for marketing or opinion research
18		or telephone solicitation purposes results in recording or
19		listening to a conversation that does not relate to marketing
20		or opinion research or telephone solicitation; the person
21		recording or listening shall, immediately upon determining
22		that the conversation does not relate to marketing or opinion
23		research or telephone solicitation, terminate the recording or
24		listening and destroy any such recording as soon as is
25		practicable.
26		Business entities that use a telephone monitoring or

SB3733 Engrossed - 1648 - LRB096 19592 AMC 34984 b
1		telephone recording system pursuant to this exemption (j) shall
2		provide current and prospective employees with notice that the
3		monitoring or recordings may occur during the course of their
4		employment. The notice shall include prominent signage
5		notification within the workplace.
6		Business entities that use a telephone monitoring or
7		telephone recording system pursuant to this exemption (j) shall
8		provide their employees or agents with access to personal-only
9		telephone lines which may be pay telephones, that are not
10		subject to telephone monitoring or telephone recording.
11		For the purposes of this subsection (j), "telephone
12		solicitation" means a communication through the use of a
13		telephone by live operators:
14		(i) soliciting the sale of goods or services;
15		(ii) receiving orders for the sale of goods or
16		services;
17		(iii) assisting in the use of goods or services; or
18		(iv) engaging in the solicitation, administration, or
19		collection of bank or retail credit accounts.
20		For the purposes of this subsection (j), "marketing or
21		opinion research" means a marketing or opinion research
22		interview conducted by a live telephone interviewer engaged by
23		a corporation or other business entity whose principal business
24		is the design, conduct, and analysis of polls and surveys
25		measuring the opinions, attitudes, and responses of
26		respondents toward products and services, or social or

SB3733 Engrossed - 1649 - LRB096 19592 AMC 34984 b
1		political issues, or both;
2		(k) Electronic recordings, including but not limited to, a
3		motion picture, videotape, digital, or other visual or audio
4		recording, made of a custodial interrogation of an individual
5		at a police station or other place of detention by a law
6		enforcement officer under Section 5-401.5 of the Juvenile Court
7		Act of 1987 or Section 103-2.1 of the Code of Criminal
8		Procedure of 1963;
9		(l) Recording the interview or statement of any person when
10		the person knows that the interview is being conducted by a law
11		enforcement officer or prosecutor and the interview takes place
12		at a police station that is currently participating in the
13		Custodial Interview Pilot Program established under the
14		Illinois Criminal Justice Information Act;
15		(m) An electronic recording, including but not limited to,
16		a motion picture, videotape, digital, or other visual or audio
17		recording, made of the interior of a school bus while the
18		school bus is being used in the transportation of students to
19		and from school and school-sponsored activities, when the
20		school board has adopted a policy authorizing such recording,
21		notice of such recording policy is included in student
22		handbooks and other documents including the policies of the
23		school, notice of the policy regarding recording is provided to
24		parents of students, and notice of such recording is clearly
25		posted on the door of and inside the school bus.
26		Recordings made pursuant to this subsection (m) shall be

SB3733 Engrossed - 1650 - LRB096 19592 AMC 34984 b
1		confidential records and may only be used by school officials
2		(or their designees) and law enforcement personnel for
3		investigations, school disciplinary actions and hearings,
4		proceedings under the Juvenile Court Act of 1987, and criminal
5		prosecutions, related to incidents occurring in or around the
6		school bus;
7		(n) Recording or listening to an audio transmission from a
8		microphone placed by a person under the authority of a law
9		enforcement agency inside a bait car surveillance vehicle while
10		simultaneously capturing a photographic or video image; and
11		(o) The use of an eavesdropping camera or audio device
12		during an ongoing hostage or barricade situation by a law
13		enforcement officer or individual acting on behalf of a law
14		enforcement officer when the use of such device is necessary to
15		protect the safety of the general public, hostages, or law
16		enforcement officers or anyone acting on their behalf.
17		(Source: P.A. 95-258, eff. 1-1-08; 95-352, eff. 8-23-07;
18		95-463, eff. 6-1-08; 95-876, eff. 8-21-08; 96-425, eff.
19		8-13-09; 96-547, eff. 1-1-10; 96-643, eff. 1-1-10; 96-670, eff.
20		8-25-09; revised 10-9-09.)
21		(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
22		Sec. 16-1. Theft.
23		(a) A person commits theft when he knowingly:
24		(1) Obtains or exerts unauthorized control over
25		property of the owner; or

SB3733 Engrossed - 1651 - LRB096 19592 AMC 34984 b
1		(2) Obtains by deception control over property of the
2		owner; or
3		(3) Obtains by threat control over property of the
4		owner; or
5		(4) Obtains control over stolen property knowing the
6		property to have been stolen or under such circumstances as
7		would reasonably induce him to believe that the property
8		was stolen; or
9		(5) Obtains or exerts control over property in the
10		custody of any law enforcement agency which is explicitly
11		represented to him by any law enforcement officer or any
12		individual acting in behalf of a law enforcement agency as
13		being stolen, and
14		(A) Intends to deprive the owner permanently of the
15		use or benefit of the property; or
16		(B) Knowingly uses, conceals or abandons the
17		property in such manner as to deprive the owner
18		permanently of such use or benefit; or
19		(C) Uses, conceals, or abandons the property
20		knowing such use, concealment or abandonment probably
21		will deprive the owner permanently of such use or
22		benefit.
23		(b) Sentence.
24		(1) Theft of property not from the person and not
25		exceeding $300 in value is a Class A misdemeanor.
26		(1.1) Theft of property not from the person and not

SB3733 Engrossed - 1652 - LRB096 19592 AMC 34984 b
1		exceeding $300 in value is a Class 4 felony if the theft
2		was committed in a school or place of worship or if the
3		theft was of governmental property.
4		(2) A person who has been convicted of theft of
5		property not from the person and not exceeding $300 in
6		value who has been previously convicted of any type of
7		theft, robbery, armed robbery, burglary, residential
8		burglary, possession of burglary tools, home invasion,
9		forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
10		4-103.3 of the Illinois Vehicle Code relating to the
11		possession of a stolen or converted motor vehicle, or a
12		violation of Section 8 of the Illinois Credit Card and
13		Debit Card Act is guilty of a Class 4 felony. When a person
14		has any such prior conviction, the information or
15		indictment charging that person shall state such prior
16		conviction so as to give notice of the State's intention to
17		treat the charge as a felony. The fact of such prior
18		conviction is not an element of the offense and may not be
19		disclosed to the jury during trial unless otherwise
20		permitted by issues properly raised during such trial.
21		(3) (Blank).
22		(4) Theft of property from the person not exceeding
23		$300 in value, or theft of property exceeding $300 and not
24		exceeding $10,000 in value, is a Class 3 felony.
25		(4.1) Theft of property from the person not exceeding
26		$300 in value, or theft of property exceeding $300 and not

SB3733 Engrossed - 1653 - LRB096 19592 AMC 34984 b
1		exceeding $10,000 in value, is a Class 2 felony if the
2		theft was committed in a school or place of worship or if
3		the theft was of governmental property.
4		(5) Theft of property exceeding $10,000 and not
5		exceeding $100,000 in value is a Class 2 felony.
6		(5.1) Theft of property exceeding $10,000 and not
7		exceeding $100,000 in value is a Class 1 felony if the
8		theft was committed in a school or place of worship or if
9		the theft was of governmental property.
10		(6) Theft of property exceeding $100,000 and not
11		exceeding $500,000 in value is a Class 1 felony.
12		(6.1) Theft of property exceeding $100,000 in value is
13		a Class X felony if the theft was committed in a school or
14		place of worship or if the theft was of governmental
15		property.
16		(6.2) Theft of property exceeding $500,000 and not
17		exceeding $1,000,000 in value is a Class 1
18		non-probationable felony.
19		(6.3) Theft of property exceeding $1,000,000 in value
20		is a Class X felony.
21		(7) Theft by deception, as described by paragraph (2)
22		of subsection (a) of this Section, in which the offender
23		obtained money or property valued at $5,000 or more from a
24		victim 60 years of age or older is a Class 2 felony.
25		(8) Theft by deception, as described by paragraph (2)
26		of subsection (a) of this Section, in which the offender

SB3733 Engrossed - 1654 - LRB096 19592 AMC 34984 b
1		falsely poses as a landlord or agent or employee of the
2		landlord and obtains a rent payment or a security deposit
3		from a tenant is a Class 3 felony if the rent payment or
4		security deposit obtained does not exceed $300.
5		(9) Theft by deception, as described by paragraph (2)
6		of subsection (a) of this Section, in which the offender
7		falsely poses as a landlord or agent or employee of the
8		landlord and obtains a rent payment or a security deposit
9		from a tenant is a Class 2 felony if the rent payment or
10		security deposit obtained exceeds $300 and does not exceed
11		$10,000.
12		(10) Theft by deception, as described by paragraph (2)
13		of subsection (a) of this Section, in which the offender
14		falsely poses as a landlord or agent or employee of the
15		landlord and obtains a rent payment or a security deposit
16		from a tenant is a Class 1 felony if the rent payment or
17		security deposit obtained exceeds $10,000 and does not
18		exceed $100,000.
19		(11) Theft by deception, as described by paragraph (2)
20		of subsection (a) of this Section, in which the offender
21		falsely poses as a landlord or agent or employee of the
22		landlord and obtains a rent payment or a security deposit
23		from a tenant is a Class X felony if the rent payment or
24		security deposit obtained exceeds $100,000.
25		(c) When a charge of theft of property exceeding a
26		specified value is brought, the value of the property involved

SB3733 Engrossed - 1655 - LRB096 19592 AMC 34984 b
1		is an element of the offense to be resolved by the trier of
2		fact as either exceeding or not exceeding the specified value.
3		(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
4		revised 10-9-09.)
5		(720 ILCS 5/16D-2) (from Ch. 38, par. 16D-2)
6		Sec. 16D-2. Definitions. As used in this Article, unless
7		the context otherwise indicates:
8		(a) "Computer" means a device that accepts, processes,
9		stores, retrieves or outputs data, and includes but is not
10		limited to auxiliary storage and telecommunications devices
11		connected to computers.
12		(a-5) "Computer network" means a set of related, remotely
13		connected devices and any communications facilities including
14		more than one computer with the capability to transmit data
15		among them through the communications facilities.
16		(b) "Computer program" or "program" means a series of coded
17		instructions or statements in a form acceptable to a computer
18		which causes the computer to process data and supply the
19		results of the data processing.
20		(b-5) "Computer services" means computer time or services,
21		including data processing services, Internet services,
22		electronic mail services, electronic message services, or
23		information or data stored in connection therewith.
24		(c) "Data" means a representation of information,
25		knowledge, facts, concepts or instructions, including program

SB3733 Engrossed - 1656 - LRB096 19592 AMC 34984 b
1		documentation, which is prepared in a formalized manner and is
2		stored or processed in or transmitted by a computer. Data shall
3		be considered property and may be in any form including but not
4		limited to printouts, magnetic or optical storage media, punch
5		cards or data stored internally in the memory of the computer.
6		(c-5) "Electronic mail service provider" means any person
7		who (1) is an intermediary in sending or receiving electronic
8		mail and (2) provides to end-users of electronic mail services
9		the ability to send or receive electronic mail.
10		(d) In addition to its meaning as defined in Section 15-1
11		of this Code, "property" means: (1) electronic impulses; (2)
12		electronically produced data; (3) confidential, copyrighted,
13		or proprietary information; (4) private identification codes
14		or numbers which permit access to a computer by authorized
15		computer users or generate billings to consumers for purchase
16		of goods and services, including but not limited to credit card
17		transactions and telecommunications services or permit
18		electronic fund transfers; (5) software or programs in either
19		machine or human readable form; or (6) any other tangible or
20		intangible item relating to a computer or any part thereof.
21		(e) "Access" means to use, instruct, communicate with,
22		store data in, retrieve or intercept data from, or otherwise
23		utilize any services of a computer.
24		(f) "Services" includes but is not limited to computer
25		time, data manipulation, or storage functions.
26		(g) "Vital services or operations" means those services or

SB3733 Engrossed - 1657 - LRB096 19592 AMC 34984 b
1		operations required to provide, operate, maintain, and repair
2		network cabling, transmission, distribution, or computer
3		facilities necessary to ensure or protect the public health,
4		safety, or welfare. Those services or operations Public health,
5		safety, or welfare include, but are not limited to, services
6		provided by medical personnel or institutions, fire
7		departments, emergency services agencies, national defense
8		contractors, armed forces or militia personnel, private and
9		public utility companies, or law enforcement agencies.
10		(h) "Social networking website" means an Internet website
11		containing profile web pages of the members of the website that
12		include the names or nicknames of such members, photographs
13		placed on the profile web pages by such members, or any other
14		personal or personally identifying information about such
15		members and links to other profile web pages on social
16		networking websites of friends or associates of such members
17		that can be accessed by other members or visitors to the
18		website. A social networking website provides members of or
19		visitors to such website the ability to leave messages or
20		comments on the profile web page that are visible to all or
21		some visitors to the profile web page and may also include a
22		form of electronic mail for members of the social networking
23		website.
24		(Source: P.A. 96-262, eff. 1-1-10; revised 11-4-09.)
25		(720 ILCS 5/16D-3) (from Ch. 38, par. 16D-3)

SB3733 Engrossed - 1658 - LRB096 19592 AMC 34984 b
1		Sec. 16D-3. Computer Tampering.
2		(a) A person commits the offense of computer tampering when
3		he knowingly and without the authorization of a computer's
4		owner, as defined in Section 15-2 of this Code, or in excess of
5		the authority granted to him:
6		(1) Accesses or causes to be accessed a computer or any
7		part thereof, a computer network, or a program or data;
8		(2) Accesses or causes to be accessed a computer or any
9		part thereof, a computer network, or a program or data, and
10		obtains data or services;
11		(3) Accesses or causes to be accessed a computer or any
12		part thereof, a computer network, or a program or data, and
13		damages or destroys the computer or alters, deletes or
14		removes a computer program or data;
15		(4) Inserts or attempts to insert a "program" into a
16		computer or computer program knowing or having reason to
17		believe that such "program" contains information or
18		commands that will or may damage or destroy that computer,
19		or any other computer subsequently accessing or being
20		accessed by that computer, or that will or may alter,
21		delete or remove a computer program or data from that
22		computer, or any other computer program or data in a
23		computer subsequently accessing or being accessed by that
24		computer, or that will or may cause loss to the users of
25		that computer or the users of a computer which accesses or
26		which is accessed by such "program"; or

SB3733 Engrossed - 1659 - LRB096 19592 AMC 34984 b
1		(5) Falsifies or forges electronic mail transmission
2		information or other routing information in any manner in
3		connection with the transmission of unsolicited bulk
4		electronic mail through or into the computer network of an
5		electronic mail service provider or its subscribers. ;
6		(a-5) It shall be unlawful for any person knowingly to
7		sell, give, or otherwise distribute or possess with the intent
8		to sell, give, or distribute software which (1) is primarily
9		designed or produced for the purpose of facilitating or
10		enabling the falsification of electronic mail transmission
11		information or other routing information; (2) has only a
12		limited commercially significant purpose or use other than to
13		facilitate or enable the falsification of electronic mail
14		transmission information or other routing information; or (3)
15		is marketed by that person or another acting in concert with
16		that person with that person's knowledge for use in
17		facilitating or enabling the falsification of electronic mail
18		transmission information or other routing information.
19		(a-10) For purposes of subsection (a), accessing a computer
20		network is deemed to be with the authorization of a computer's
21		owner if:
22		(1) the owner authorizes patrons, customers, or guests
23		to access the computer network and the person accessing the
24		computer network is an authorized patron, customer, or
25		guest and complies with all terms or conditions for use of
26		the computer network that are imposed by the owner; or

SB3733 Engrossed - 1660 - LRB096 19592 AMC 34984 b
1		(2) the owner authorizes the public to access the
2		computer network and the person accessing the computer
3		network complies with all terms or conditions for use of
4		the computer network that are imposed by the owner.
5		(b) Sentence.
6		(1) A person who commits the offense of computer
7		tampering as set forth in subsection (a)(1), (a)(5), or
8		(a-5) of this Section shall be guilty of a Class B
9		misdemeanor.
10		(2) A person who commits the offense of computer
11		tampering as set forth in subsection (a)(2) of this Section
12		shall be guilty of a Class A misdemeanor and a Class 4
13		felony for the second or subsequent offense.
14		(3) A person who commits the offense of computer
15		tampering as set forth in subsection (a)(3) or subsection
16		(a)(4) of this Section shall be guilty of a Class 4 felony
17		and a Class 3 felony for the second or subsequent offense.
18		(4) If the injury arises from the transmission of
19		unsolicited bulk electronic mail, the injured person,
20		other than an electronic mail service provider, may also
21		recover attorney's fees and costs, and may elect, in lieu
22		of actual damages, to recover the lesser of $10 for each
23		and every unsolicited bulk electronic mail message
24		transmitted in violation of this Section, or $25,000 per
25		day. The injured person shall not have a cause of action
26		against the electronic mail service provider that merely

SB3733 Engrossed - 1661 - LRB096 19592 AMC 34984 b
1		transmits the unsolicited bulk electronic mail over its
2		computer network.
3		(5) If the injury arises from the transmission of
4		unsolicited bulk electronic mail, an injured electronic
5		mail service provider may also recover attorney's fees and
6		costs, and may elect, in lieu of actual damages, to recover
7		the greater of $10 for each and every unsolicited
8		electronic mail advertisement transmitted in violation of
9		this Section, or $25,000 per day.
10		(6) The provisions of this Section shall not be
11		construed to limit any person's right to pursue any
12		additional civil remedy otherwise allowed by law.
13		(c) Whoever suffers loss by reason of a violation of
14		subsection (a)(4) of this Section may, in a civil action
15		against the violator, obtain appropriate relief. In a civil
16		action under this Section, the court may award to the
17		prevailing party reasonable attorney's fees and other
18		litigation expenses.
19		(Source: P.A. 95-326, eff. 1-1-08; revised 11-4-09.)
20		(720 ILCS 5/17-24)
21		Sec. 17-24. Fraudulent schemes and artifices.
22		(a) Fraud by wire, radio, or television.
23		(1) A person commits wire fraud when he or she:
24		(A) devises or intends to devise a scheme or
25		artifice to defraud or to obtain money or property by

SB3733 Engrossed - 1662 - LRB096 19592 AMC 34984 b
1		means of false pretenses, representations, or
2		promises; and
3		(B) (i) transmits or causes to be transmitted from
4		within this State; or
5		(ii) transmits or causes to be transmitted so
6		that it is received by a person within this State;
7		or
8		(iii) transmits or causes to be transmitted so
9		that it is reasonably foreseeable that it will be
10		accessed by a person within this State:
11		any writings, signals, pictures, sounds, or electronic or
12		electric impulses by means of wire, radio, or television
13		communications for the purpose of executing the scheme or
14		artifice.
15		(2) A scheme or artifice to defraud using electronic
16		transmissions is deemed to occur in the county from which a
17		transmission is sent, if the transmission is sent from
18		within this State, the county in which a person within this
19		State receives the transmission, and the county in which a
20		person who is within this State is located when the person
21		accesses a transmission.
22		(3) Wire fraud is a Class 3 felony.
23		(b) Mail fraud.
24		(1) A person commits mail fraud when he or she:
25		(A) devises or intends to devise any scheme or
26		artifice to defraud or to obtain money or property by

SB3733 Engrossed - 1663 - LRB096 19592 AMC 34984 b
1		means of false or fraudulent pretenses,
2		representations or promises, or to sell, dispose of,
3		loan, exchange, alter, give away, distribute, supply,
4		or furnish or procure for unlawful use any counterfeit
5		obligation, security, or other article, or anything
6		represented to be or intimated intimidated or held out
7		to be such counterfeit or spurious article; and
8		(B) for the purpose of executing such scheme or
9		artifice or attempting so to do, places in any post
10		office or authorized depository for mail matter within
11		this State, any matter or thing whatever to be
12		delivered by the Postal Service, or deposits or causes
13		to be deposited in this State by mail or by private or
14		commercial carrier according to the direction on the
15		matter or thing, or at the place at which it is
16		directed to be delivered by the person to whom it is
17		addressed, any such matter or thing.
18		(2) A scheme or artifice to defraud using a government
19		or private carrier is deemed to occur in the county in
20		which mail or other matter is deposited with the Postal
21		Service or a private commercial carrier for delivery, if
22		deposited with the Postal Service or a private or
23		commercial carrier within this State and the county in
24		which a person within this State receives the mail or other
25		matter from the Postal Service or a private or commercial
26		carrier.

SB3733 Engrossed - 1664 - LRB096 19592 AMC 34984 b
1		(3) Mail fraud is a Class 3 felony.
2		(c) (Blank).
3		(d) The period of limitations for prosecution of any
4		offense defined in this Section begins at the time when the
5		last act in furtherance of the scheme or artifice is committed.
6		(e) In this Section:
7		(1) "Scheme or artifice to defraud" includes a scheme
8		or artifice to deprive another of the intangible right to
9		honest services.
10		(2) (Blank).
11		(Source: P.A. 92-16, eff. 6-28-01; 93-440, eff. 8-5-03; revised
12		11-4-09.)
13		(720 ILCS 5/17-26)
14		Sec. 17-26. Misconduct by a corporate official.
15		(a) A person is guilty of a crime when:
16		(1) being a director of a corporation, he knowingly
17		with a purpose to defraud, concurs in any vote or act of
18		the directors of the corporation, or any of them, which has
19		the purpose of:
20		(A) making a dividend except in the manner provided
21		by law;
22		(B) dividing, withdrawing or in any manner paying
23		any stockholder any part of the capital stock of the
24		corporation except in the manner provided by law;
25		(C) discounting or receiving any note or other

SB3733 Engrossed - 1665 - LRB096 19592 AMC 34984 b
1		evidence of debt in payment of an installment of
2		capital stock actually called in and required to be
3		paid, or with purpose of providing the means of making
4		such payment;
5		(D) receiving or discounting any note or other
6		evidence of debt with the purpose of enabling any
7		stockholder to withdraw any part of the money paid in
8		by him on his stock; or
9		(E) applying any portion of the funds of such
10		corporation, directly or indirectly, to the purchase
11		of shares of its own stock, except in the manner
12		provided by law; or
13		(2) being a director or officer of a corporation, he,
14		with purpose to defraud:
15		(A) issues, participates in issuing, or concurs in
16		a vote to issue any increase of its capital stock
17		beyond the amount of the capital stock thereof, duly
18		authorized by or in pursuance of law;
19		(B) sells, or agrees to sell, or is directly
20		interested in the sale of any share of stock of such
21		corporation, or in any agreement to sell such stock,
22		unless at the time of the sale or agreement he is an
23		actual owner of such share, provided that the foregoing
24		shall not apply to a sale by or on behalf of an
25		underwriter or dealer in connection with a bona fide
26		public offering of shares of stock of such corporation;

SB3733 Engrossed - 1666 - LRB096 19592 AMC 34984 b
1		(C) executes a scheme or attempts to execute a
2		scheme to obtain any share of stock of such corporation
3		by means of false representation; or
4		(3) being a director or officer of a corporation, he
5		with purpose to defraud or evade a financial disclosure
6		reporting requirement of this State or of Section 13(A) or
7		15(D) of the Securities Exchange Act of 1934, as amended,
8		15 U. S. C. 78M(A) or 78O(D), he:
9		(A) causes or attempts to cause a corporation or
10		accounting firm representing the corporation or any
11		other individual or entity to fail to file a financial
12		disclosure report as required by State or federal law;
13		or
14		(B) causes or attempts to cause a corporation or
15		accounting firm representing the corporation or any
16		other individual or entity to file a financial
17		disclosure report, as required by State or federal law,
18		that contains a material omission or misstatement of
19		fact.
20		(b) If the benefit derived from a violation of this Section
21		is $500,000 or more, the offender is guilty of a Class 2
22		felony. If the benefit derived from a violation of this Section
23		is less than $500,000, the offender is guilty of a Class 3
24		felony.
25		(Source: P.A. 93-496, eff. 1-1-04; revised 11-4-09.)

SB3733 Engrossed - 1667 - LRB096 19592 AMC 34984 b
1		(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
2		Sec. 24-1. Unlawful Use of Weapons.
3		(a) A person commits the offense of unlawful use of weapons
4		when he knowingly:
5		(1) Sells, manufactures, purchases, possesses or
6		carries any bludgeon, black-jack, slung-shot, sand-club,
7		sand-bag, metal knuckles or other knuckle weapon
8		regardless of its composition, throwing star, or any knife,
9		commonly referred to as a switchblade knife, which has a
10		blade that opens automatically by hand pressure applied to
11		a button, spring or other device in the handle of the
12		knife, or a ballistic knife, which is a device that propels
13		a knifelike blade as a projectile by means of a coil
14		spring, elastic material or compressed gas; or
15		(2) Carries or possesses with intent to use the same
16		unlawfully against another, a dagger, dirk, billy,
17		dangerous knife, razor, stiletto, broken bottle or other
18		piece of glass, stun gun or taser or any other dangerous or
19		deadly weapon or instrument of like character; or
20		(3) Carries on or about his person or in any vehicle, a
21		tear gas gun projector or bomb or any object containing
22		noxious liquid gas or substance, other than an object
23		containing a non-lethal noxious liquid gas or substance
24		designed solely for personal defense carried by a person 18
25		years of age or older; or
26		(4) Carries or possesses in any vehicle or concealed on

SB3733 Engrossed - 1668 - LRB096 19592 AMC 34984 b
1		or about his person except when on his land or in his own
2		abode, legal dwelling, or fixed place of business, or on
3		the land or in the legal dwelling of another person as an
4		invitee with that person's permission, any pistol,
5		revolver, stun gun or taser or other firearm, except that
6		this subsection (a) (4) does not apply to or affect
7		transportation of weapons that meet one of the following
8		conditions:
9		(i) are broken down in a non-functioning state; or
10		(ii) are not immediately accessible; or
11		(iii) are unloaded and enclosed in a case, firearm
12		carrying box, shipping box, or other container by a
13		person who has been issued a currently valid Firearm
14		Owner's Identification Card; or
15		(5) Sets a spring gun; or
16		(6) Possesses any device or attachment of any kind
17		designed, used or intended for use in silencing the report
18		of any firearm; or
19		(7) Sells, manufactures, purchases, possesses or
20		carries:
21		(i) a machine gun, which shall be defined for the
22		purposes of this subsection as any weapon, which
23		shoots, is designed to shoot, or can be readily
24		restored to shoot, automatically more than one shot
25		without manually reloading by a single function of the
26		trigger, including the frame or receiver of any such

SB3733 Engrossed - 1669 - LRB096 19592 AMC 34984 b
1		weapon, or sells, manufactures, purchases, possesses,
2		or carries any combination of parts designed or
3		intended for use in converting any weapon into a
4		machine gun, or any combination or parts from which a
5		machine gun can be assembled if such parts are in the
6		possession or under the control of a person;
7		(ii) any rifle having one or more barrels less than
8		16 inches in length or a shotgun having one or more
9		barrels less than 18 inches in length or any weapon
10		made from a rifle or shotgun, whether by alteration,
11		modification, or otherwise, if such a weapon as
12		modified has an overall length of less than 26 inches;
13		or
14		(iii) any bomb, bomb-shell, grenade, bottle or
15		other container containing an explosive substance of
16		over one-quarter ounce for like purposes, such as, but
17		not limited to, black powder bombs and Molotov
18		cocktails or artillery projectiles; or
19		(8) Carries or possesses any firearm, stun gun or taser
20		or other deadly weapon in any place which is licensed to
21		sell intoxicating beverages, or at any public gathering
22		held pursuant to a license issued by any governmental body
23		or any public gathering at which an admission is charged,
24		excluding a place where a showing, demonstration or lecture
25		involving the exhibition of unloaded firearms is
26		conducted.

SB3733 Engrossed - 1670 - LRB096 19592 AMC 34984 b
1		This subsection (a)(8) does not apply to any auction or
2		raffle of a firearm held pursuant to a license or permit
3		issued by a governmental body, nor does it apply to persons
4		engaged in firearm safety training courses; or
5		(9) Carries or possesses in a vehicle or on or about
6		his person any pistol, revolver, stun gun or taser or
7		firearm or ballistic knife, when he is hooded, robed or
8		masked in such manner as to conceal his identity; or
9		(10) Carries or possesses on or about his person, upon
10		any public street, alley, or other public lands within the
11		corporate limits of a city, village or incorporated town,
12		except when an invitee thereon or therein, for the purpose
13		of the display of such weapon or the lawful commerce in
14		weapons, or except when on his land or in his own abode,
15		legal dwelling, or fixed place of business, or on the land
16		or in the legal dwelling of another person as an invitee
17		with that person's permission, any pistol, revolver, stun
18		gun or taser or other firearm, except that this subsection
19		(a) (10) does not apply to or affect transportation of
20		weapons that meet one of the following conditions:
21		(i) are broken down in a non-functioning state; or
22		(ii) are not immediately accessible; or
23		(iii) are unloaded and enclosed in a case, firearm
24		carrying box, shipping box, or other container by a
25		person who has been issued a currently valid Firearm
26		Owner's Identification Card.

SB3733 Engrossed - 1671 - LRB096 19592 AMC 34984 b
1		A "stun gun or taser", as used in this paragraph (a)
2		means (i) any device which is powered by electrical
3		charging units, such as, batteries, and which fires one or
4		several barbs attached to a length of wire and which, upon
5		hitting a human, can send out a current capable of
6		disrupting the person's nervous system in such a manner as
7		to render him incapable of normal functioning or (ii) any
8		device which is powered by electrical charging units, such
9		as batteries, and which, upon contact with a human or
10		clothing worn by a human, can send out current capable of
11		disrupting the person's nervous system in such a manner as
12		to render him incapable of normal functioning; or
13		(11) Sells, manufactures or purchases any explosive
14		bullet. For purposes of this paragraph (a) "explosive
15		bullet" means the projectile portion of an ammunition
16		cartridge which contains or carries an explosive charge
17		which will explode upon contact with the flesh of a human
18		or an animal. "Cartridge" means a tubular metal case having
19		a projectile affixed at the front thereof and a cap or
20		primer at the rear end thereof, with the propellant
21		contained in such tube between the projectile and the cap;
22		or
23		(12) (Blank); or
24		(13) Carries or possesses on or about his or her person
25		while in a building occupied by a unit of government, a
26		billy club, other weapon of like character, or other

SB3733 Engrossed - 1672 - LRB096 19592 AMC 34984 b
1		instrument of like character intended for use as a weapon.
2		For the purposes of this Section, "billy club" means a
3		short stick or club commonly carried by police officers
4		which is either telescopic or constructed of a solid piece
5		of wood or other man-made material.
6		(b) Sentence. A person convicted of a violation of
7		subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
8		subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
9		Class A misdemeanor. A person convicted of a violation of
10		subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
11		person convicted of a violation of subsection 24-1(a)(6) or
12		24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
13		convicted of a violation of subsection 24-1(a)(7)(i) commits a
14		Class 2 felony and shall be sentenced to a term of imprisonment
15		of not less than 3 years and not more than 7 years, unless the
16		weapon is possessed in the passenger compartment of a motor
17		vehicle as defined in Section 1-146 of the Illinois Vehicle
18		Code, or on the person, while the weapon is loaded, in which
19		case it shall be a Class X felony. A person convicted of a
20		second or subsequent violation of subsection 24-1(a)(4),
21		24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
22		felony. The possession of each weapon in violation of this
23		Section constitutes a single and separate violation.
24		(c) Violations in specific places.
25		(1) A person who violates subsection 24-1(a)(6) or
26		24-1(a)(7) in any school, regardless of the time of day or

SB3733 Engrossed - 1673 - LRB096 19592 AMC 34984 b
1		the time of year, in residential property owned, operated
2		or managed by a public housing agency or leased by a public
3		housing agency as part of a scattered site or mixed-income
4		development, in a public park, in a courthouse, on the real
5		property comprising any school, regardless of the time of
6		day or the time of year, on residential property owned,
7		operated or managed by a public housing agency or leased by
8		a public housing agency as part of a scattered site or
9		mixed-income development, on the real property comprising
10		any public park, on the real property comprising any
11		courthouse, in any conveyance owned, leased or contracted
12		by a school to transport students to or from school or a
13		school related activity, in any conveyance owned, leased,
14		or contracted by a public transportation agency, or on any
15		public way within 1,000 feet of the real property
16		comprising any school, public park, courthouse, public
17		transportation facility, or residential property owned,
18		operated, or managed by a public housing agency or leased
19		by a public housing agency as part of a scattered site or
20		mixed-income development commits a Class 2 felony and shall
21		be sentenced to a term of imprisonment of not less than 3
22		years and not more than 7 years.
23		(1.5) A person who violates subsection 24-1(a)(4),
24		24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
25		time of day or the time of year, in residential property
26		owned, operated, or managed by a public housing agency or

SB3733 Engrossed - 1674 - LRB096 19592 AMC 34984 b
1		leased by a public housing agency as part of a scattered
2		site or mixed-income development, in a public park, in a
3		courthouse, on the real property comprising any school,
4		regardless of the time of day or the time of year, on
5		residential property owned, operated, or managed by a
6		public housing agency or leased by a public housing agency
7		as part of a scattered site or mixed-income development, on
8		the real property comprising any public park, on the real
9		property comprising any courthouse, in any conveyance
10		owned, leased, or contracted by a school to transport
11		students to or from school or a school related activity, in
12		any conveyance owned, leased, or contracted by a public
13		transportation agency, or on any public way within 1,000
14		feet of the real property comprising any school, public
15		park, courthouse, public transportation facility, or
16		residential property owned, operated, or managed by a
17		public housing agency or leased by a public housing agency
18		as part of a scattered site or mixed-income development
19		commits a Class 3 felony.
20		(2) A person who violates subsection 24-1(a)(1),
21		24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
22		time of day or the time of year, in residential property
23		owned, operated or managed by a public housing agency or
24		leased by a public housing agency as part of a scattered
25		site or mixed-income development, in a public park, in a
26		courthouse, on the real property comprising any school,

SB3733 Engrossed - 1675 - LRB096 19592 AMC 34984 b
1		regardless of the time of day or the time of year, on
2		residential property owned, operated or managed by a public
3		housing agency or leased by a public housing agency as part
4		of a scattered site or mixed-income development, on the
5		real property comprising any public park, on the real
6		property comprising any courthouse, in any conveyance
7		owned, leased or contracted by a school to transport
8		students to or from school or a school related activity, in
9		any conveyance owned, leased, or contracted by a public
10		transportation agency, or on any public way within 1,000
11		feet of the real property comprising any school, public
12		park, courthouse, public transportation facility, or
13		residential property owned, operated, or managed by a
14		public housing agency or leased by a public housing agency
15		as part of a scattered site or mixed-income development
16		commits a Class 4 felony. "Courthouse" means any building
17		that is used by the Circuit, Appellate, or Supreme Court of
18		this State for the conduct of official business.
19		(3) Paragraphs (1), (1.5), and (2) of this subsection
20		(c) shall not apply to law enforcement officers or security
21		officers of such school, college, or university or to
22		students carrying or possessing firearms for use in
23		training courses, parades, hunting, target shooting on
24		school ranges, or otherwise with the consent of school
25		authorities and which firearms are transported unloaded
26		enclosed in a suitable case, box, or transportation

SB3733 Engrossed - 1676 - LRB096 19592 AMC 34984 b
1		package.
2		(4) For the purposes of this subsection (c), "school"
3		means any public or private elementary or secondary school,
4		community college, college, or university.
5		(5) For the purposes of this subsection (c), "public
6		transportation agency" means a public or private agency
7		that provides for the transportation or conveyance of
8		persons by means available to the general public, except
9		for transportation by automobiles not used for conveyance
10		of the general public as passengers; and "public
11		transportation facility" means a terminal or other place
12		where one may obtain public transportation.
13		(d) The presence in an automobile other than a public
14		omnibus of any weapon, instrument or substance referred to in
15		subsection (a)(7) is prima facie evidence that it is in the
16		possession of, and is being carried by, all persons occupying
17		such automobile at the time such weapon, instrument or
18		substance is found, except under the following circumstances:
19		(i) if such weapon, instrument or instrumentality is found upon
20		the person of one of the occupants therein; or (ii) if such
21		weapon, instrument or substance is found in an automobile
22		operated for hire by a duly licensed driver in the due, lawful
23		and proper pursuit of his trade, then such presumption shall
24		not apply to the driver.
25		(e) Exemptions. Crossbows, Common or Compound bows and
26		Underwater Spearguns are exempted from the definition of

SB3733 Engrossed - 1677 - LRB096 19592 AMC 34984 b
1		ballistic knife as defined in paragraph (1) of subsection (a)
2		of this Section.
3		(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
4		95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
5		96-742, eff. 8-25-09; revised 10-9-09.)
6		(720 ILCS 5/24-2)
7		Sec. 24-2. Exemptions.
8		(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
9		24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10		the following:
11		(1) Peace officers, and any person summoned by a peace
12		officer to assist in making arrests or preserving the
13		peace, while actually engaged in assisting such officer.
14		(2) Wardens, superintendents and keepers of prisons,
15		penitentiaries, jails and other institutions for the
16		detention of persons accused or convicted of an offense,
17		while in the performance of their official duty, or while
18		commuting between their homes and places of employment.
19		(3) Members of the Armed Services or Reserve Forces of
20		the United States or the Illinois National Guard or the
21		Reserve Officers Training Corps, while in the performance
22		of their official duty.
23		(4) Special agents employed by a railroad or a public
24		utility to perform police functions, and guards of armored
25		car companies, while actually engaged in the performance of

SB3733 Engrossed - 1678 - LRB096 19592 AMC 34984 b
1		the duties of their employment or commuting between their
2		homes and places of employment; and watchmen while actually
3		engaged in the performance of the duties of their
4		employment.
5		(5) Persons licensed as private security contractors,
6		private detectives, or private alarm contractors, or
7		employed by an agency certified by the Department of
8		Professional Regulation, if their duties include the
9		carrying of a weapon under the provisions of the Private
10		Detective, Private Alarm, Private Security, Fingerprint
11		Vendor, and Locksmith Act of 2004, while actually engaged
12		in the performance of the duties of their employment or
13		commuting between their homes and places of employment,
14		provided that such commuting is accomplished within one
15		hour from departure from home or place of employment, as
16		the case may be. Persons exempted under this subdivision
17		(a)(5) shall be required to have completed a course of
18		study in firearms handling and training approved and
19		supervised by the Department of Professional Regulation as
20		prescribed by Section 28 of the Private Detective, Private
21		Alarm, Private Security, Fingerprint Vendor, and Locksmith
22		Act of 2004, prior to becoming eligible for this exemption.
23		The Department of Professional Regulation shall provide
24		suitable documentation demonstrating the successful
25		completion of the prescribed firearms training. Such
26		documentation shall be carried at all times when such

SB3733 Engrossed - 1679 - LRB096 19592 AMC 34984 b
1		persons are in possession of a concealable weapon.
2		(6) Any person regularly employed in a commercial or
3		industrial operation as a security guard for the protection
4		of persons employed and private property related to such
5		commercial or industrial operation, while actually engaged
6		in the performance of his or her duty or traveling between
7		sites or properties belonging to the employer, and who, as
8		a security guard, is a member of a security force of at
9		least 5 persons registered with the Department of
10		Professional Regulation; provided that such security guard
11		has successfully completed a course of study, approved by
12		and supervised by the Department of Professional
13		Regulation, consisting of not less than 40 hours of
14		training that includes the theory of law enforcement,
15		liability for acts, and the handling of weapons. A person
16		shall be considered eligible for this exemption if he or
17		she has completed the required 20 hours of training for a
18		security officer and 20 hours of required firearm training,
19		and has been issued a firearm control card by the
20		Department of Professional Regulation. Conditions for the
21		renewal of firearm control cards issued under the
22		provisions of this Section shall be the same as for those
23		cards issued under the provisions of the Private Detective,
24		Private Alarm, Private Security, Fingerprint Vendor, and
25		Locksmith Act of 2004. Such firearm control card shall be
26		carried by the security guard at all times when he or she

SB3733 Engrossed - 1680 - LRB096 19592 AMC 34984 b
1		is in possession of a concealable weapon.
2		(7) Agents and investigators of the Illinois
3		Legislative Investigating Commission authorized by the
4		Commission to carry the weapons specified in subsections
5		24-1(a)(3) and 24-1(a)(4), while on duty in the course of
6		any investigation for the Commission.
7		(8) Persons employed by a financial institution for the
8		protection of other employees and property related to such
9		financial institution, while actually engaged in the
10		performance of their duties, commuting between their homes
11		and places of employment, or traveling between sites or
12		properties owned or operated by such financial
13		institution, provided that any person so employed has
14		successfully completed a course of study, approved by and
15		supervised by the Department of Professional Regulation,
16		consisting of not less than 40 hours of training which
17		includes theory of law enforcement, liability for acts, and
18		the handling of weapons. A person shall be considered to be
19		eligible for this exemption if he or she has completed the
20		required 20 hours of training for a security officer and 20
21		hours of required firearm training, and has been issued a
22		firearm control card by the Department of Professional
23		Regulation. Conditions for renewal of firearm control
24		cards issued under the provisions of this Section shall be
25		the same as for those issued under the provisions of the
26		Private Detective, Private Alarm, Private Security,

SB3733 Engrossed - 1681 - LRB096 19592 AMC 34984 b
1		Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
2		control card shall be carried by the person so trained at
3		all times when such person is in possession of a
4		concealable weapon. For purposes of this subsection,
5		"financial institution" means a bank, savings and loan
6		association, credit union or company providing armored car
7		services.
8		(9) Any person employed by an armored car company to
9		drive an armored car, while actually engaged in the
10		performance of his duties.
11		(10) Persons who have been classified as peace officers
12		pursuant to the Peace Officer Fire Investigation Act.
13		(11) Investigators of the Office of the State's
14		Attorneys Appellate Prosecutor authorized by the board of
15		governors of the Office of the State's Attorneys Appellate
16		Prosecutor to carry weapons pursuant to Section 7.06 of the
17		State's Attorneys Appellate Prosecutor's Act.
18		(12) Special investigators appointed by a State's
19		Attorney under Section 3-9005 of the Counties Code.
20		(12.5) Probation officers while in the performance of
21		their duties, or while commuting between their homes,
22		places of employment or specific locations that are part of
23		their assigned duties, with the consent of the chief judge
24		of the circuit for which they are employed.
25		(13) Court Security Officers while in the performance
26		of their official duties, or while commuting between their

SB3733 Engrossed - 1682 - LRB096 19592 AMC 34984 b
1		homes and places of employment, with the consent of the
2		Sheriff.
3		(13.5) A person employed as an armed security guard at
4		a nuclear energy, storage, weapons or development site or
5		facility regulated by the Nuclear Regulatory Commission
6		who has completed the background screening and training
7		mandated by the rules and regulations of the Nuclear
8		Regulatory Commission.
9		(14) Manufacture, transportation, or sale of weapons
10		to persons authorized under subdivisions (1) through
11		(13.5) of this subsection to possess those weapons.
12		(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
13		24-1.6 do not apply to or affect any of the following:
14		(1) Members of any club or organization organized for
15		the purpose of practicing shooting at targets upon
16		established target ranges, whether public or private, and
17		patrons of such ranges, while such members or patrons are
18		using their firearms on those target ranges.
19		(2) Duly authorized military or civil organizations
20		while parading, with the special permission of the
21		Governor.
22		(3) Hunters, trappers or fishermen with a license or
23		permit while engaged in hunting, trapping or fishing.
24		(4) Transportation of weapons that are broken down in a
25		non-functioning state or are not immediately accessible.
26		(5) Carrying or possessing any pistol, revolver, stun

SB3733 Engrossed - 1683 - LRB096 19592 AMC 34984 b
1		gun or taser or other firearm on the land or in the legal
2		dwelling of another person as an invitee with that person's
3		permission.
4		(c) Subsection 24-1(a)(7) does not apply to or affect any
5		of the following:
6		(1) Peace officers while in performance of their
7		official duties.
8		(2) Wardens, superintendents and keepers of prisons,
9		penitentiaries, jails and other institutions for the
10		detention of persons accused or convicted of an offense.
11		(3) Members of the Armed Services or Reserve Forces of
12		the United States or the Illinois National Guard, while in
13		the performance of their official duty.
14		(4) Manufacture, transportation, or sale of machine
15		guns to persons authorized under subdivisions (1) through
16		(3) of this subsection to possess machine guns, if the
17		machine guns are broken down in a non-functioning state or
18		are not immediately accessible.
19		(5) Persons licensed under federal law to manufacture
20		any weapon from which 8 or more shots or bullets can be
21		discharged by a single function of the firing device, or
22		ammunition for such weapons, and actually engaged in the
23		business of manufacturing such weapons or ammunition, but
24		only with respect to activities which are within the lawful
25		scope of such business, such as the manufacture,
26		transportation, or testing of such weapons or ammunition.

SB3733 Engrossed - 1684 - LRB096 19592 AMC 34984 b
1		This exemption does not authorize the general private
2		possession of any weapon from which 8 or more shots or
3		bullets can be discharged by a single function of the
4		firing device, but only such possession and activities as
5		are within the lawful scope of a licensed manufacturing
6		business described in this paragraph.
7		During transportation, such weapons shall be broken
8		down in a non-functioning state or not immediately
9		accessible.
10		(6) The manufacture, transport, testing, delivery,
11		transfer or sale, and all lawful commercial or experimental
12		activities necessary thereto, of rifles, shotguns, and
13		weapons made from rifles or shotguns, or ammunition for
14		such rifles, shotguns or weapons, where engaged in by a
15		person operating as a contractor or subcontractor pursuant
16		to a contract or subcontract for the development and supply
17		of such rifles, shotguns, weapons or ammunition to the
18		United States government or any branch of the Armed Forces
19		of the United States, when such activities are necessary
20		and incident to fulfilling the terms of such contract.
21		The exemption granted under this subdivision (c)(6)
22		shall also apply to any authorized agent of any such
23		contractor or subcontractor who is operating within the
24		scope of his employment, where such activities involving
25		such weapon, weapons or ammunition are necessary and
26		incident to fulfilling the terms of such contract.

SB3733 Engrossed - 1685 - LRB096 19592 AMC 34984 b
1		During transportation, any such weapon shall be broken
2		down in a non-functioning state, or not immediately
3		accessible.
4		(d) Subsection 24-1(a)(1) does not apply to the purchase,
5		possession or carrying of a black-jack or slung-shot by a peace
6		officer.
7		(e) Subsection 24-1(a)(8) does not apply to any owner,
8		manager or authorized employee of any place specified in that
9		subsection nor to any law enforcement officer.
10		(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
11		Section 24-1.6 do not apply to members of any club or
12		organization organized for the purpose of practicing shooting
13		at targets upon established target ranges, whether public or
14		private, while using their firearms on those target ranges.
15		(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
16		to:
17		(1) Members of the Armed Services or Reserve Forces of
18		the United States or the Illinois National Guard, while in
19		the performance of their official duty.
20		(2) Bonafide collectors of antique or surplus military
21		ordinance.
22		(3) Laboratories having a department of forensic
23		ballistics, or specializing in the development of
24		ammunition or explosive ordinance.
25		(4) Commerce, preparation, assembly or possession of
26		explosive bullets by manufacturers of ammunition licensed

SB3733 Engrossed - 1686 - LRB096 19592 AMC 34984 b
1		by the federal government, in connection with the supply of
2		those organizations and persons exempted by subdivision
3		(g)(1) of this Section, or like organizations and persons
4		outside this State, or the transportation of explosive
5		bullets to any organization or person exempted in this
6		Section by a common carrier or by a vehicle owned or leased
7		by an exempted manufacturer.
8		(g-5) Subsection 24-1(a)(6) does not apply to or affect
9		persons licensed under federal law to manufacture any device or
10		attachment of any kind designed, used, or intended for use in
11		silencing the report of any firearm, firearms, or ammunition
12		for those firearms equipped with those devices, and actually
13		engaged in the business of manufacturing those devices,
14		firearms, or ammunition, but only with respect to activities
15		that are within the lawful scope of that business, such as the
16		manufacture, transportation, or testing of those devices,
17		firearms, or ammunition. This exemption does not authorize the
18		general private possession of any device or attachment of any
19		kind designed, used, or intended for use in silencing the
20		report of any firearm, but only such possession and activities
21		as are within the lawful scope of a licensed manufacturing
22		business described in this subsection (g-5). During
23		transportation, those devices shall be detached from any weapon
24		or not immediately accessible.
25		(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
26		24-1.6 do not apply to or affect any parole agent or parole

SB3733 Engrossed - 1687 - LRB096 19592 AMC 34984 b
1		supervisor who meets the qualifications and conditions
2		prescribed in Section 3-14-1.5 of the Unified Code of
3		Corrections.
4		(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
5		24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
6		athlete's possession, transport on official Olympic and
7		Paralympic transit systems established for athletes, or use of
8		competition firearms sanctioned by the International Olympic
9		Committee, the International Paralympic Committee, the
10		International Shooting Sport Federation, or USA Shooting in
11		connection with such athlete's training for and participation
12		in shooting competitions at the 2016 Olympic and Paralympic
13		Games and sanctioned test events leading up to the 2016 Olympic
14		and Paralympic Games.
15		(h) An information or indictment based upon a violation of
16		any subsection of this Article need not negative any exemptions
17		contained in this Article. The defendant shall have the burden
18		of proving such an exemption.
19		(i) Nothing in this Article shall prohibit, apply to, or
20		affect the transportation, carrying, or possession, of any
21		pistol or revolver, stun gun, taser, or other firearm consigned
22		to a common carrier operating under license of the State of
23		Illinois or the federal government, where such transportation,
24		carrying, or possession is incident to the lawful
25		transportation in which such common carrier is engaged; and
26		nothing in this Article shall prohibit, apply to, or affect the

SB3733 Engrossed - 1688 - LRB096 19592 AMC 34984 b
1		transportation, carrying, or possession of any pistol,
2		revolver, stun gun, taser, or other firearm, not the subject of
3		and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
4		this Article, which is unloaded and enclosed in a case, firearm
5		carrying box, shipping box, or other container, by the
6		possessor of a valid Firearm Owners Identification Card.
7		(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
8		95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
9		96-742, eff. 8-25-09; revised 10-9-09.)
10		(720 ILCS 5/25-5) (was 720 ILCS 5/25-1.1)
11		Sec. 25-5. Unlawful contact with streetgang members.
12		(a) A person commits the offense of unlawful contact with
13		streetgang members when:
14		(1) he or she knowingly has direct or indirect contact
15		with a streetgang member as defined in Section 10 of the
16		Illinois Streetgang Terrorism Omnibus Prevention Act after
17		having been sentenced to probation, conditional discharge,
18		or supervision for a criminal offense with a condition of
19		that sentence being to refrain from direct or indirect
20		contact with a streetgang member or members;
21		(2) he or she knowingly has direct or indirect contact
22		with a streetgang member as defined in Section 10 of the
23		Illinois Streetgang Terrorism Omnibus Prevention Act after
24		having been released on bond for any criminal offense with
25		a condition of that bond being to refrain from direct or

SB3733 Engrossed - 1689 - LRB096 19592 AMC 34984 b
1		indirect contact with a streetgang member or members;
2		(3) he He or she knowingly has direct or indirect
3		contact with a streetgang member as defined in Section 10
4		of the Illinois Streetgang Terrorism Omnibus Prevention
5		Act after having been ordered by a judge in any
6		non-criminal proceeding to refrain from direct or indirect
7		contact with a streetgang member or members; or
8		(4) he He or she knowingly has direct or indirect
9		contact with a streetgang member as defined in Section 10
10		of the Streetgang Terrorism Omnibus Prevention Act after
11		having been released from the Illinois Department of
12		Corrections on a condition of parole or mandatory
13		supervised release that he or she refrain from direct or
14		indirect contact with a streetgang member or members.
15		(b) Unlawful contact with streetgang members is a Class A
16		misdemeanor.
17		(c) This Section does not apply to a person when the only
18		streetgang member or members he or she is with is a family or
19		household member or members as defined in paragraph (3) of
20		Section 112A-3 of the Code of Criminal Procedure of 1963 and
21		the streetgang members are not engaged in any
22		streetgang-related activity.
23		(Source: P.A. 96-710, eff. 1-1-10; incorporates P.A. 95-45,
24		eff. 1-1-08; revised 1-7-10.)
25		(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)

SB3733 Engrossed - 1690 - LRB096 19592 AMC 34984 b
1		(Text of Section before amendment by P.A. 96-339)
2		Sec. 26-1. Elements of the Offense.
3		(a) A person commits disorderly conduct when he knowingly:
4		(1) Does any act in such unreasonable manner as to
5		alarm or disturb another and to provoke a breach of the
6		peace; or
7		(2) Transmits or causes to be transmitted in any manner
8		to the fire department of any city, town, village or fire
9		protection district a false alarm of fire, knowing at the
10		time of such transmission that there is no reasonable
11		ground for believing that such fire exists; or
12		(3) Transmits or causes to be transmitted in any manner
13		to another a false alarm to the effect that a bomb or other
14		explosive of any nature or a container holding poison gas,
15		a deadly biological or chemical contaminant, or
16		radioactive substance is concealed in such place that its
17		explosion or release would endanger human life, knowing at
18		the time of such transmission that there is no reasonable
19		ground for believing that such bomb, explosive or a
20		container holding poison gas, a deadly biological or
21		chemical contaminant, or radioactive substance is
22		concealed in such place; or
23		(4) Transmits or causes to be transmitted in any manner
24		to any peace officer, public officer or public employee a
25		report to the effect that an offense will be committed, is
26		being committed, or has been committed, knowing at the time

SB3733 Engrossed - 1691 - LRB096 19592 AMC 34984 b
1		of such transmission that there is no reasonable ground for
2		believing that such an offense will be committed, is being
3		committed, or has been committed; or
4		(5) Enters upon the property of another and for a lewd
5		or unlawful purpose deliberately looks into a dwelling on
6		the property through any window or other opening in it; or
7		(6) While acting as a collection agency as defined in
8		the "Collection Agency Act" or as an employee of such
9		collection agency, and while attempting to collect an
10		alleged debt, makes a telephone call to the alleged debtor
11		which is designed to harass, annoy or intimidate the
12		alleged debtor; or
13		(7) Transmits or causes to be transmitted a false
14		report to the Department of Children and Family Services
15		under Section 4 of the "Abused and Neglected Child
16		Reporting Act"; or
17		(8) Transmits or causes to be transmitted a false
18		report to the Department of Public Health under the Nursing
19		Home Care Act; or
20		(9) Transmits or causes to be transmitted in any manner
21		to the police department or fire department of any
22		municipality or fire protection district, or any privately
23		owned and operated ambulance service, a false request for
24		an ambulance, emergency medical technician-ambulance or
25		emergency medical technician-paramedic knowing at the time
26		there is no reasonable ground for believing that such

SB3733 Engrossed - 1692 - LRB096 19592 AMC 34984 b
1		assistance is required; or
2		(10) Transmits or causes to be transmitted a false
3		report under Article II of "An Act in relation to victims
4		of violence and abuse", approved September 16, 1984, as
5		amended; or
6		(11) Transmits or causes to be transmitted a false
7		report to any public safety agency without the reasonable
8		grounds necessary to believe that transmitting such a
9		report is necessary for the safety and welfare of the
10		public; or
11		(12) Calls the number "911" for the purpose of making
12		or transmitting a false alarm or complaint and reporting
13		information when, at the time the call or transmission is
14		made, the person knows there is no reasonable ground for
15		making the call or transmission and further knows that the
16		call or transmission could result in the emergency response
17		of any public safety agency; or
18		(13) Transmits or causes to be transmitted a threat of
19		destruction of a school building or school property, or a
20		threat of violence, death, or bodily harm directed against
21		persons at a school, school function, or school event,
22		whether or not school is in session.
23		(b) Sentence. A violation of subsection (a)(1) of this
24		Section is a Class C misdemeanor. A violation of subsection
25		(a)(5), (a)(11), or (a)(12) of this Section is a Class A
26		misdemeanor. A violation of subsection (a)(8) or (a)(10) of

SB3733 Engrossed - 1693 - LRB096 19592 AMC 34984 b
1		this Section is a Class B misdemeanor. A violation of
2		subsection (a)(2), (a)(4), (a)(7), (a)(9), or (a)(13) of this
3		Section is a Class 4 felony. A violation of subsection (a)(3)
4		of this Section is a Class 3 felony, for which a fine of not
5		less than $3,000 and no more than $10,000 shall be assessed in
6		addition to any other penalty imposed.
7		A violation of subsection (a)(6) of this Section is a
8		Business Offense and shall be punished by a fine not to exceed
9		$3,000. A second or subsequent violation of subsection (a)(7),
10		(a)(11), or (a)(12) of this Section is a Class 4 felony. A
11		third or subsequent violation of subsection (a)(5) of this
12		Section is a Class 4 felony.
13		(c) In addition to any other sentence that may be imposed,
14		a court shall order any person convicted of disorderly conduct
15		to perform community service for not less than 30 and not more
16		than 120 hours, if community service is available in the
17		jurisdiction and is funded and approved by the county board of
18		the county where the offense was committed. In addition,
19		whenever any person is placed on supervision for an alleged
20		offense under this Section, the supervision shall be
21		conditioned upon the performance of the community service.
22		This subsection does not apply when the court imposes a
23		sentence of incarceration.
24		(d) In addition to any other sentence that may be imposed,
25		the court shall order any person convicted of disorderly
26		conduct under paragraph (3) of subsection (a) involving a false

SB3733 Engrossed - 1694 - LRB096 19592 AMC 34984 b
1		alarm of a threat that a bomb or explosive device has been
2		placed in a school to reimburse the unit of government that
3		employs the emergency response officer or officers that were
4		dispatched to the school for the cost of the search for a bomb
5		or explosive device. For the purposes of this Section,
6		"emergency response" means any incident requiring a response by
7		a police officer, a firefighter, a State Fire Marshal employee,
8		or an ambulance.
9		(Source: P.A. 96-413, eff. 8-13-09; 96-772, eff. 1-1-10;
10		revised 9-25-09.)
11		(Text of Section after amendment by P.A. 96-339)
12		Sec. 26-1. Elements of the Offense.
13		(a) A person commits disorderly conduct when he knowingly:
14		(1) Does any act in such unreasonable manner as to
15		alarm or disturb another and to provoke a breach of the
16		peace; or
17		(2) Transmits or causes to be transmitted in any manner
18		to the fire department of any city, town, village or fire
19		protection district a false alarm of fire, knowing at the
20		time of such transmission that there is no reasonable
21		ground for believing that such fire exists; or
22		(3) Transmits or causes to be transmitted in any manner
23		to another a false alarm to the effect that a bomb or other
24		explosive of any nature or a container holding poison gas,
25		a deadly biological or chemical contaminant, or

SB3733 Engrossed - 1695 - LRB096 19592 AMC 34984 b
1		radioactive substance is concealed in such place that its
2		explosion or release would endanger human life, knowing at
3		the time of such transmission that there is no reasonable
4		ground for believing that such bomb, explosive or a
5		container holding poison gas, a deadly biological or
6		chemical contaminant, or radioactive substance is
7		concealed in such place; or
8		(4) Transmits or causes to be transmitted in any manner
9		to any peace officer, public officer or public employee a
10		report to the effect that an offense will be committed, is
11		being committed, or has been committed, knowing at the time
12		of such transmission that there is no reasonable ground for
13		believing that such an offense will be committed, is being
14		committed, or has been committed; or
15		(5) Enters upon the property of another and for a lewd
16		or unlawful purpose deliberately looks into a dwelling on
17		the property through any window or other opening in it; or
18		(6) While acting as a collection agency as defined in
19		the "Collection Agency Act" or as an employee of such
20		collection agency, and while attempting to collect an
21		alleged debt, makes a telephone call to the alleged debtor
22		which is designed to harass, annoy or intimidate the
23		alleged debtor; or
24		(7) Transmits or causes to be transmitted a false
25		report to the Department of Children and Family Services
26		under Section 4 of the "Abused and Neglected Child

SB3733 Engrossed - 1696 - LRB096 19592 AMC 34984 b
1		Reporting Act"; or
2		(8) Transmits or causes to be transmitted a false
3		report to the Department of Public Health under the Nursing
4		Home Care Act or the MR/DD Community Care Act; or
5		(9) Transmits or causes to be transmitted in any manner
6		to the police department or fire department of any
7		municipality or fire protection district, or any privately
8		owned and operated ambulance service, a false request for
9		an ambulance, emergency medical technician-ambulance or
10		emergency medical technician-paramedic knowing at the time
11		there is no reasonable ground for believing that such
12		assistance is required; or
13		(10) Transmits or causes to be transmitted a false
14		report under Article II of "An Act in relation to victims
15		of violence and abuse", approved September 16, 1984, as
16		amended; or
17		(11) Transmits or causes to be transmitted a false
18		report to any public safety agency without the reasonable
19		grounds necessary to believe that transmitting such a
20		report is necessary for the safety and welfare of the
21		public; or
22		(12) Calls the number "911" for the purpose of making
23		or transmitting a false alarm or complaint and reporting
24		information when, at the time the call or transmission is
25		made, the person knows there is no reasonable ground for
26		making the call or transmission and further knows that the

SB3733 Engrossed - 1697 - LRB096 19592 AMC 34984 b
1		call or transmission could result in the emergency response
2		of any public safety agency; or
3		(13) Transmits or causes to be transmitted a threat of
4		destruction of a school building or school property, or a
5		threat of violence, death, or bodily harm directed against
6		persons at a school, school function, or school event,
7		whether or not school is in session.
8		(b) Sentence. A violation of subsection (a)(1) of this
9		Section is a Class C misdemeanor. A violation of subsection
10		(a)(5), (a)(11), or (a)(12) of this Section is a Class A
11		misdemeanor. A violation of subsection (a)(8) or (a)(10) of
12		this Section is a Class B misdemeanor. A violation of
13		subsection (a)(2), (a)(4), (a)(7), (a)(9), or (a)(13) of this
14		Section is a Class 4 felony. A violation of subsection (a)(3)
15		of this Section is a Class 3 felony, for which a fine of not
16		less than $3,000 and no more than $10,000 shall be assessed in
17		addition to any other penalty imposed.
18		A violation of subsection (a)(6) of this Section is a
19		Business Offense and shall be punished by a fine not to exceed
20		$3,000. A second or subsequent violation of subsection (a)(7),
21		(a)(11), or (a)(12) of this Section is a Class 4 felony. A
22		third or subsequent violation of subsection (a)(5) of this
23		Section is a Class 4 felony.
24		(c) In addition to any other sentence that may be imposed,
25		a court shall order any person convicted of disorderly conduct
26		to perform community service for not less than 30 and not more

SB3733 Engrossed - 1698 - LRB096 19592 AMC 34984 b
1		than 120 hours, if community service is available in the
2		jurisdiction and is funded and approved by the county board of
3		the county where the offense was committed. In addition,
4		whenever any person is placed on supervision for an alleged
5		offense under this Section, the supervision shall be
6		conditioned upon the performance of the community service.
7		This subsection does not apply when the court imposes a
8		sentence of incarceration.
9		(d) In addition to any other sentence that may be imposed,
10		the court shall order any person convicted of disorderly
11		conduct under paragraph (3) of subsection (a) involving a false
12		alarm of a threat that a bomb or explosive device has been
13		placed in a school to reimburse the unit of government that
14		employs the emergency response officer or officers that were
15		dispatched to the school for the cost of the search for a bomb
16		or explosive device. For the purposes of this Section,
17		"emergency response" means any incident requiring a response by
18		a police officer, a firefighter, a State Fire Marshal employee,
19		or an ambulance.
20		(Source: P.A. 96-339, eff. 7-1-10; 96-413, eff. 8-13-09;
21		96-772, eff. 1-1-10; revised 9-25-09.)
22		(720 ILCS 5/26-5)
23		Sec. 26-5. Dog fighting. (For other provisions that may
24		apply to dog fighting, see the Humane Care for Animals Act. For
25		provisions similar to this Section that apply to animals other

SB3733 Engrossed - 1699 - LRB096 19592 AMC 34984 b
1		than dogs, see in particular Section 4.01 of the Humane Care
2		for Animals Act.)
3		(a) No person may own, capture, breed, train, or lease any
4		dog which he or she knows is intended for use in any show,
5		exhibition, program, or other activity featuring or otherwise
6		involving a fight between the dog and any other animal or
7		human, or the intentional killing of any dog for the purpose of
8		sport, wagering, or entertainment.
9		(b) No person may promote, conduct, carry on, advertise,
10		collect money for or in any other manner assist or aid in the
11		presentation for purposes of sport, wagering, or entertainment
12		of any show, exhibition, program, or other activity involving a
13		fight between 2 or more dogs or any dog and human, or the
14		intentional killing of any dog.
15		(c) No person may sell or offer for sale, ship, transport,
16		or otherwise move, or deliver or receive any dog which he or
17		she knows has been captured, bred, or trained, or will be used,
18		to fight another dog or human or be intentionally killed for
19		purposes of sport, wagering, or entertainment.
20		(c-5) No person may solicit a minor to violate this
21		Section.
22		(d) No person may manufacture for sale, shipment,
23		transportation, or delivery any device or equipment which he or
24		she knows or should know is intended for use in any show,
25		exhibition, program, or other activity featuring or otherwise
26		involving a fight between 2 or more dogs, or any human and dog,

SB3733 Engrossed - 1700 - LRB096 19592 AMC 34984 b
1		or the intentional killing of any dog for purposes of sport,
2		wagering, or entertainment.
3		(e) No person may own, possess, sell or offer for sale,
4		ship, transport, or otherwise move any equipment or device
5		which he or she knows or should know is intended for use in
6		connection with any show, exhibition, program, or activity
7		featuring or otherwise involving a fight between 2 or more
8		dogs, or any dog and human, or the intentional killing of any
9		dog for purposes of sport, wagering or entertainment.
10		(f) No person may knowingly make available any site,
11		structure, or facility, whether enclosed or not, that he or she
12		knows is intended to be used for the purpose of conducting any
13		show, exhibition, program, or other activity involving a fight
14		between 2 or more dogs, or any dog and human, or the
15		intentional killing of any dog or knowingly manufacture,
16		distribute, or deliver fittings to be used in a fight between 2
17		or more dogs or a dog and human.
18		(g) No person may knowingly attend or otherwise patronize
19		any show, exhibition, program, or other activity featuring or
20		otherwise involving a fight between 2 or more dogs, or any dog
21		and human, or the intentional killing of any dog for purposes
22		of sport, wagering, or entertainment.
23		(h) No person may tie or attach or fasten any live animal
24		to any machine or device propelled by any power for the purpose
25		of causing the animal to be pursued by a dog or dogs. This
26		subsection (h) applies only when the dog is intended to be used

SB3733 Engrossed - 1701 - LRB096 19592 AMC 34984 b
1		in a dog fight.
2		(i) Penalties for violations of this Section shall be as
3		follows:
4		(1) Any person convicted of violating subsection (a),
5		(b), or (c) of this Section is guilty of a Class 4 felony
6		for a first violation and a Class 3 felony for a second or
7		subsequent violation, and may be fined an amount not to
8		exceed $50,000.
9		(1.5) A person who knowingly owns a dog for fighting
10		purposes or for producing a fight between 2 or more dogs or
11		a dog and human or who knowingly offers for sale or sells a
12		dog bred for fighting is guilty of a Class 3 felony and may
13		be fined an amount not to exceed $50,000, if the dog
14		participates in a dogfight and any of the following factors
15		is present:
16		(i) the dogfight is performed in the presence of a
17		person under 18 years of age;
18		(ii) the dogfight is performed for the purpose of
19		or in the presence of illegal wagering activity; or
20		(iii) the dogfight is performed in furtherance of
21		streetgang related activity as defined in Section 10 of
22		the Illinois Streetgang Terrorism Omnibus Prevention
23		Act.
24		(1.7) A person convicted of violating subsection (c-5)
25		of this Section is guilty of a Class 4 felony.
26		(2) Any person convicted of violating subsection (d) or

SB3733 Engrossed - 1702 - LRB096 19592 AMC 34984 b
1		(e) of this Section is guilty of a Class 4 felony for a
2		first violation. A second or subsequent violation of
3		subsection (d) or (e) of this Section is a Class 3 felony.
4		(2.5) Any person convicted of violating subsection (f)
5		of this Section is guilty of a Class 4 felony.
6		(3) Any person convicted of violating subsection (g) of
7		this Section is guilty of a Class 4 felony for a first
8		violation. A second or subsequent violation of subsection
9		(g) of this Section is a Class 3 felony. If a person under
10		13 years of age is present at any show, exhibition,
11		program, or other activity prohibited in subsection (g),
12		the parent, legal guardian, or other person who is 18 years
13		of age or older who brings that person under 13 years of
14		age to that show, exhibition, program, or other activity is
15		guilty of a Class 4 felony for a first violation and a
16		Class 3 felony for a second or subsequent violation.
17		(i-5) A person who commits a felony violation of this
18		Section is subject to the property forfeiture provisions set
19		forth in Article 124B of the Code of Criminal Procedure of
20		1963.
21		(j) Any dog or equipment involved in a violation of this
22		Section shall be immediately seized and impounded under Section
23		12 of the Humane Care for Animals Act when located at any show,
24		exhibition, program, or other activity featuring or otherwise
25		involving a dog fight for the purposes of sport, wagering, or
26		entertainment.

SB3733 Engrossed - 1703 - LRB096 19592 AMC 34984 b
1		(k) Any vehicle or conveyance other than a common carrier
2		that is used in violation of this Section shall be seized,
3		held, and offered for sale at public auction by the sheriff's
4		department of the proper jurisdiction, and the proceeds from
5		the sale shall be remitted to the general fund of the county
6		where the violation took place.
7		(l) Any veterinarian in this State who is presented with a
8		dog for treatment of injuries or wounds resulting from fighting
9		where there is a reasonable possibility that the dog was
10		engaged in or utilized for a fighting event for the purposes of
11		sport, wagering, or entertainment shall file a report with the
12		Department of Agriculture and cooperate by furnishing the
13		owners' names, dates, and descriptions of the dog or dogs
14		involved. Any veterinarian who in good faith complies with the
15		requirements of this subsection has immunity from any
16		liability, civil, criminal, or otherwise, that may result from
17		his or her actions. For the purposes of any proceedings, civil
18		or criminal, the good faith of the veterinarian shall be
19		rebuttably presumed.
20		(m) In addition to any other penalty provided by law, upon
21		conviction for violating this Section, the court may order that
22		the convicted person and persons dwelling in the same household
23		as the convicted person who conspired, aided, or abetted in the
24		unlawful act that was the basis of the conviction, or who knew
25		or should have known of the unlawful act, may not own, harbor,
26		or have custody or control of any dog or other animal for a

SB3733 Engrossed - 1704 - LRB096 19592 AMC 34984 b
1		period of time that the court deems reasonable.
2		(n) A violation of subsection (a) of this Section may be
3		inferred from evidence that the accused possessed any device or
4		equipment described in subsection (d), (e), or (h) of this
5		Section, and also possessed any dog.
6		(o) When no longer required for investigations or court
7		proceedings relating to the events described or depicted
8		therein, evidence relating to convictions for violations of
9		this Section shall be retained and made available for use in
10		training peace officers in detecting and identifying
11		violations of this Section. Such evidence shall be made
12		available upon request to other law enforcement agencies and to
13		schools certified under the Illinois Police Training Act.
14		(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10;
15		revised 10-1-09.)
16		(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
17		Sec. 29B-1. (a) A person commits the offense of money
18		laundering:
19		(1) when, knowing that the property involved in a
20		financial transaction represents the proceeds of some form
21		of unlawful activity, he or she conducts or attempts to
22		conduct such a financial transaction which in fact involves
23		criminally derived property:
24		(A) with the intent to promote the carrying on of
25		the unlawful activity from which the criminally

SB3733 Engrossed - 1705 - LRB096 19592 AMC 34984 b
1		derived property was obtained; or
2		(B) where he or she knows or reasonably should know
3		that the financial transaction is designed in whole or
4		in part:
5		(i) to conceal or disguise the nature, the
6		location, the source, the ownership or the control
7		of the criminally derived property; or
8		(ii) to avoid a transaction reporting
9		requirement under State law; or
10		(1.5) when he or she transports, transmits, or
11		transfers, or attempts to transport, transmit, or transfer
12		a monetary instrument:
13		(A) with the intent to promote the carrying on of
14		the unlawful activity from which the criminally
15		derived property was obtained; or
16		(B) knowing, or having reason to know, that the
17		financial transaction is designed in whole or in part:
18		(i) to conceal or disguise the nature, the
19		location, the source, the ownership or the control
20		of the criminally derived property; or
21		(ii) to avoid a transaction reporting
22		requirement under State law; or
23		(2) when, with the intent to:
24		(A) promote the carrying on of a specified criminal
25		activity as defined in this Article; or
26		(B) conceal or disguise the nature, location,

SB3733 Engrossed - 1706 - LRB096 19592 AMC 34984 b
1		source, ownership, or control of property believed to
2		be the proceeds of a specified criminal activity as
3		defined by subdivision (b)(6); or
4		(C) avoid a transaction reporting requirement
5		under State law,
6		he or she conducts or attempts to conduct a financial
7		transaction involving property he or she believes to be the
8		proceeds of specified criminal activity as defined by
9		subdivision (b)(6) or property used to conduct or
10		facilitate specified criminal activity as defined by
11		subdivision (b)(6).
12		(b) As used in this Section:
13		(0.5) "Knowing that the property involved in a
14		financial transaction represents the proceeds of some form
15		of unlawful activity" means that the person knew the
16		property involved in the transaction represented proceeds
17		from some form, though not necessarily which form, of
18		activity that constitutes a felony under State, federal, or
19		foreign law.
20		(1) "Financial transaction" means a purchase, sale,
21		loan, pledge, gift, transfer, delivery or other
22		disposition utilizing criminally derived property, and
23		with respect to financial institutions, includes a
24		deposit, withdrawal, transfer between accounts, exchange
25		of currency, loan, extension of credit, purchase or sale of
26		any stock, bond, certificate of deposit or other monetary

SB3733 Engrossed - 1707 - LRB096 19592 AMC 34984 b
1		instrument, use of safe deposit box, or any other payment,
2		transfer or delivery by, through, or to a financial
3		institution. For purposes of clause (a)(2) of this Section,
4		the term "financial transaction" also means a transaction
5		which without regard to whether the funds, monetary
6		instruments, or real or personal property involved in the
7		transaction are criminally derived, any transaction which
8		in any way or degree: (1) involves the movement of funds by
9		wire or any other means; (2) involves one or more monetary
10		instruments; or (3) the transfer of title to any real or
11		personal property. The receipt by an attorney of bona fide
12		fees for the purpose of legal representation is not a
13		financial transaction for purposes of this Section.
14		(2) "Financial institution" means any bank; saving and
15		loan association; trust company; agency or branch of a
16		foreign bank in the United States; currency exchange;
17		credit union, mortgage banking institution; pawnbroker;
18		loan or finance company; operator of a credit card system;
19		issuer, redeemer or cashier of travelers checks, checks or
20		money orders; dealer in precious metals, stones or jewels;
21		broker or dealer in securities or commodities; investment
22		banker; or investment company.
23		(3) "Monetary instrument" means United States coins
24		and currency; coins and currency of a foreign country;
25		travelers checks; personal checks, bank checks, and money
26		orders; investment securities; bearer negotiable

SB3733 Engrossed - 1708 - LRB096 19592 AMC 34984 b
1		instruments; bearer investment securities; or bearer
2		securities and certificates of stock in such form that
3		title thereto passes upon delivery.
4		(4) "Criminally derived property" means: (A) any
5		property, real or personal, constituting or derived from
6		proceeds obtained, directly or indirectly, from activity
7		that constitutes a felony under State, federal, or foreign
8		law; or (B) any property represented to be property
9		constituting or derived from proceeds obtained, directly
10		or indirectly, from activity that constitutes a felony
11		under State, federal, or foreign law.
12		(5) "Conduct" or "conducts" includes, in addition to
13		its ordinary meaning, initiating, concluding, or
14		participating in initiating or concluding a transaction.
15		(6) "Specified criminal activity" means any violation
16		of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
17		of Article 29D of this Code.
18		(7) "Director" means the Director of State Police or
19		his or her designated agents.
20		(8) "Department" means the Department of State Police
21		of the State of Illinois or its successor agency.
22		(9) "Transaction reporting requirement under State
23		law" means any violation as defined under the Currency
24		Reporting Act.
25		(c) Sentence.
26		(1) Laundering of criminally derived property of a

SB3733 Engrossed - 1709 - LRB096 19592 AMC 34984 b
1		value not exceeding $10,000 is a Class 3 felony;
2		(2) Laundering of criminally derived property of a
3		value exceeding $10,000 but not exceeding $100,000 is a
4		Class 2 felony;
5		(3) Laundering of criminally derived property of a
6		value exceeding $100,000 but not exceeding $500,000 is a
7		Class 1 felony;
8		(4) Money laundering in violation of subsection (a)(2)
9		of this Section is a Class X felony;
10		(5) Laundering of criminally derived property of a
11		value exceeding $500,000 is a Class 1 non-probationable
12		felony;
13		(6) In a prosecution under clause (a)(1.5)(B)(ii) of
14		this Section, the sentences are as follows:
15		(A) Laundering of property of a value not exceeding
16		$10,000 is a Class 3 felony;
17		(B) Laundering of property of a value exceeding
18		$10,000 but not exceeding $100,000 is a Class 2 felony;
19		(C) Laundering of property of a value exceeding
20		$100,000 but not exceeding $500,000 is a Class 1
21		felony;
22		(D) Laundering of property of a value exceeding
23		$500,000 is a Class 1 non-probationable felony.
24		(d) Evidence. In a prosecution under this Article, either
25		party may introduce the following evidence pertaining to the
26		issue of whether the property or proceeds were known to be some

SB3733 Engrossed - 1710 - LRB096 19592 AMC 34984 b
1		form of criminally derived property or from some form of
2		unlawful activity:
3		(1) A financial transaction was conducted or
4		structured or attempted in violation of the reporting
5		requirements of any State or federal law; or
6		(2) A financial transaction was conducted or attempted
7		with the use of a false or fictitious name or a forged
8		instrument; or
9		(3) A falsely altered or completed written instrument
10		or a written instrument that contains any materially false
11		personal identifying information was made, used, offered
12		or presented, whether accepted or not, in connection with a
13		financial transaction; or
14		(4) A financial transaction was structured or
15		attempted to be structured so as to falsely report the
16		actual consideration or value of the transaction; or
17		(5) A money transmitter, a person engaged in a trade or
18		business or any employee of a money transmitter or a person
19		engaged in a trade or business, knows or reasonably should
20		know that false personal identifying information has been
21		presented and incorporates the false personal identifying
22		information into any report or record; or
23		(6) The criminally derived property is transported or
24		possessed in a fashion inconsistent with the ordinary or
25		usual means of transportation or possession of such
26		property and where the property is discovered in the

SB3733 Engrossed - 1711 - LRB096 19592 AMC 34984 b
1		absence of any documentation or other indicia of legitimate
2		origin or right to such property; or
3		(7) A person pays or receives substantially less than
4		face value for one or more monetary instruments; or
5		(8) A person engages in a transaction involving one or
6		more monetary instruments, where the physical condition or
7		form of the monetary instrument or instruments makes it
8		apparent that they are not the product of bona fide
9		business or financial transactions.
10		(e) Duty to enforce this Article.
11		(1) It is the duty of the Department of State Police,
12		and its agents, officers, and investigators, to enforce all
13		provisions of this Article, except those specifically
14		delegated, and to cooperate with all agencies charged with
15		the enforcement of the laws of the United States, or of any
16		state, relating to money laundering. Only an agent,
17		officer, or investigator designated by the Director may be
18		authorized in accordance with this Section to serve seizure
19		notices, warrants, subpoenas, and summonses under the
20		authority of this State.
21		(2) Any agent, officer, investigator, or peace officer
22		designated by the Director may: (A) make seizure of
23		property pursuant to the provisions of this Article; and
24		(B) perform such other law enforcement duties as the
25		Director designates. It is the duty of all State's
26		Attorneys to prosecute violations of this Article and

SB3733 Engrossed - 1712 - LRB096 19592 AMC 34984 b
1		institute legal proceedings as authorized under this
2		Article.
3		(f) Protective orders.
4		(1) Upon application of the State, the court may enter
5		a restraining order or injunction, require the execution of
6		a satisfactory performance bond, or take any other action
7		to preserve the availability of property described in
8		subsection (h) for forfeiture under this Article:
9		(A) upon the filing of an indictment, information,
10		or complaint charging a violation of this Article for
11		which forfeiture may be ordered under this Article and
12		alleging that the property with respect to which the
13		order is sought would be subject to forfeiture under
14		this Article; or
15		(B) prior to the filing of such an indictment,
16		information, or complaint, if, after notice to persons
17		appearing to have an interest in the property and
18		opportunity for a hearing, the court determines that:
19		(i) there is probable cause to believe that the
20		State will prevail on the issue of forfeiture and
21		that failure to enter the order will result in the
22		property being destroyed, removed from the
23		jurisdiction of the court, or otherwise made
24		unavailable for forfeiture; and
25		(ii) the need to preserve the availability of
26		the property through the entry of the requested

SB3733 Engrossed - 1713 - LRB096 19592 AMC 34984 b
1		order outweighs the hardship on any party against
2		whom the order is to be entered.
3		Provided, however, that an order entered pursuant
4		to subparagraph (B) shall be effective for not more
5		than 90 days, unless extended by the court for good
6		cause shown or unless an indictment, information,
7		complaint, or administrative notice has been filed.
8		(2) A temporary restraining order under this
9		subsection may be entered upon application of the State
10		without notice or opportunity for a hearing when an
11		indictment, information, complaint, or administrative
12		notice has not yet been filed with respect to the property,
13		if the State demonstrates that there is probable cause to
14		believe that the property with respect to which the order
15		is sought would be subject to forfeiture under this Section
16		and that provision of notice will jeopardize the
17		availability of the property for forfeiture. Such a
18		temporary order shall expire not more than 30 days after
19		the date on which it is entered, unless extended for good
20		cause shown or unless the party against whom it is entered
21		consents to an extension for a longer period. A hearing
22		requested concerning an order entered under this paragraph
23		shall be held at the earliest possible time and prior to
24		the expiration of the temporary order.
25		(3) The court may receive and consider, at a hearing
26		held pursuant to this subsection (f), evidence and

SB3733 Engrossed - 1714 - LRB096 19592 AMC 34984 b
1		information that would be inadmissible under the Illinois
2		rules of evidence.
3		(4) Order to repatriate and deposit.
4		(A) In general. Pursuant to its authority to enter
5		a pretrial restraining order under this Section, the
6		court may order a defendant to repatriate any property
7		that may be seized and forfeited and to deposit that
8		property pending trial with the Illinois State Police
9		or another law enforcement agency designated by the
10		Illinois State Police.
11		(B) Failure to comply. Failure to comply with an
12		order under this subsection (f) is punishable as a
13		civil or criminal contempt of court.
14		(g) Warrant of seizure. The State may request the issuance
15		of a warrant authorizing the seizure of property described in
16		subsection (h) in the same manner as provided for a search
17		warrant. If the court determines that there is probable cause
18		to believe that the property to be seized would be subject to
19		forfeiture, the court shall issue a warrant authorizing the
20		seizure of such property.
21		(h) Forfeiture.
22		(1) The following are subject to forfeiture:
23		(A) any property, real or personal, constituting,
24		derived from, or traceable to any proceeds the person
25		obtained directly or indirectly, as a result of a
26		violation of this Article;

SB3733 Engrossed - 1715 - LRB096 19592 AMC 34984 b
1		(B) any of the person's property used, or intended
2		to be used, in any manner or part, to commit, or to
3		facilitate the commission of, a violation of this
4		Article;
5		(C) all conveyances, including aircraft, vehicles
6		or vessels, which are used, or intended for use, to
7		transport, or in any manner to facilitate the
8		transportation, sale, receipt, possession, or
9		concealment of property described in subparagraphs (A)
10		and (B), but:
11		(i) no conveyance used by any person as a
12		common carrier in the transaction of business as a
13		common carrier is subject to forfeiture under this
14		Section unless it appears that the owner or other
15		person in charge of the conveyance is a consenting
16		party or privy to a violation of this Article;
17		(ii) no conveyance is subject to forfeiture
18		under this Section by reason of any act or omission
19		which the owner proves to have been committed or
20		omitted without his or her knowledge or consent;
21		(iii) a forfeiture of a conveyance encumbered
22		by a bona fide security interest is subject to the
23		interest of the secured party if he or she neither
24		had knowledge of nor consented to the act or
25		omission;
26		(D) all real property, including any right, title,

SB3733 Engrossed - 1716 - LRB096 19592 AMC 34984 b
1		and interest (including, but not limited to, any
2		leasehold interest or the beneficial interest in a land
3		trust) in the whole of any lot or tract of land and any
4		appurtenances or improvements, which is used or
5		intended to be used, in any manner or part, to commit,
6		or in any manner to facilitate the commission of, any
7		violation of this Article or that is the proceeds of
8		any violation or act that constitutes a violation of
9		this Article.
10		(2) Property subject to forfeiture under this Article
11		may be seized by the Director or any peace officer upon
12		process or seizure warrant issued by any court having
13		jurisdiction over the property. Seizure by the Director or
14		any peace officer without process may be made:
15		(A) if the seizure is incident to a seizure
16		warrant;
17		(B) if the property subject to seizure has been the
18		subject of a prior judgment in favor of the State in a
19		criminal proceeding, or in an injunction or forfeiture
20		proceeding based upon this Article;
21		(C) if there is probable cause to believe that the
22		property is directly or indirectly dangerous to health
23		or safety;
24		(D) if there is probable cause to believe that the
25		property is subject to forfeiture under this Article
26		and the property is seized under circumstances in which

SB3733 Engrossed - 1717 - LRB096 19592 AMC 34984 b
1		a warrantless seizure or arrest would be reasonable; or
2		(E) in accordance with the Code of Criminal
3		Procedure of 1963.
4		(3) In the event of seizure pursuant to paragraph (2),
5		forfeiture proceedings shall be instituted in accordance
6		with subsections (i) through (r).
7		(4) Property taken or detained under this Section shall
8		not be subject to replevin, but is deemed to be in the
9		custody of the Director subject only to the order and
10		judgments of the circuit court having jurisdiction over the
11		forfeiture proceedings and the decisions of the State's
12		Attorney under this Article. When property is seized under
13		this Article, the seizing agency shall promptly conduct an
14		inventory of the seized property and estimate the
15		property's value and shall forward a copy of the inventory
16		of seized property and the estimate of the property's value
17		to the Director. Upon receiving notice of seizure, the
18		Director may:
19		(A) place the property under seal;
20		(B) remove the property to a place designated by
21		the Director;
22		(C) keep the property in the possession of the
23		seizing agency;
24		(D) remove the property to a storage area for
25		safekeeping or, if the property is a negotiable
26		instrument or money and is not needed for evidentiary

SB3733 Engrossed - 1718 - LRB096 19592 AMC 34984 b
1		purposes, deposit it in an interest bearing account;
2		(E) place the property under constructive seizure
3		by posting notice of pending forfeiture on it, by
4		giving notice of pending forfeiture to its owners and
5		interest holders, or by filing notice of pending
6		forfeiture in any appropriate public record relating
7		to the property; or
8		(F) provide for another agency or custodian,
9		including an owner, secured party, or lienholder, to
10		take custody of the property upon the terms and
11		conditions set by the Director.
12		(5) When property is forfeited under this Article, the
13		Director shall sell all such property unless such property
14		is required by law to be destroyed or is harmful to the
15		public, and shall distribute the proceeds of the sale,
16		together with any moneys forfeited or seized, in accordance
17		with paragraph (6). However, upon the application of the
18		seizing agency or prosecutor who was responsible for the
19		investigation, arrest or arrests and prosecution which
20		lead to the forfeiture, the Director may return any item of
21		forfeited property to the seizing agency or prosecutor for
22		official use in the enforcement of laws, if the agency or
23		prosecutor can demonstrate that the item requested would be
24		useful to the agency or prosecutor in its enforcement
25		efforts. When any real property returned to the seizing
26		agency is sold by the agency or its unit of government, the

SB3733 Engrossed - 1719 - LRB096 19592 AMC 34984 b
1		proceeds of the sale shall be delivered to the Director and
2		distributed in accordance with paragraph (6).
3		(6) All monies and the sale proceeds of all other
4		property forfeited and seized under this Article shall be
5		distributed as follows:
6		(A) 65% shall be distributed to the metropolitan
7		enforcement group, local, municipal, county, or State
8		law enforcement agency or agencies which conducted or
9		participated in the investigation resulting in the
10		forfeiture. The distribution shall bear a reasonable
11		relationship to the degree of direct participation of
12		the law enforcement agency in the effort resulting in
13		the forfeiture, taking into account the total value of
14		the property forfeited and the total law enforcement
15		effort with respect to the violation of the law upon
16		which the forfeiture is based. Amounts distributed to
17		the agency or agencies shall be used for the
18		enforcement of laws.
19		(B)(i) 12.5% shall be distributed to the Office of
20		the State's Attorney of the county in which the
21		prosecution resulting in the forfeiture was
22		instituted, deposited in a special fund in the county
23		treasury and appropriated to the State's Attorney for
24		use in the enforcement of laws. In counties over
25		3,000,000 population, 25% shall be distributed to the
26		Office of the State's Attorney for use in the

SB3733 Engrossed - 1720 - LRB096 19592 AMC 34984 b
1		enforcement of laws. If the prosecution is undertaken
2		solely by the Attorney General, the portion provided
3		hereunder shall be distributed to the Attorney General
4		for use in the enforcement of laws.
5		(ii) 12.5% shall be distributed to the Office
6		of the State's Attorneys Appellate Prosecutor and
7		deposited in the Narcotics Profit Forfeiture Fund
8		of that office to be used for additional expenses
9		incurred in the investigation, prosecution and
10		appeal of cases arising under laws. The Office of
11		the State's Attorneys Appellate Prosecutor shall
12		not receive distribution from cases brought in
13		counties with over 3,000,000 population.
14		(C) 10% shall be retained by the Department of
15		State Police for expenses related to the
16		administration and sale of seized and forfeited
17		property.
18		(i) Notice to owner or interest holder.
19		(1) Whenever notice of pending forfeiture or service of
20		an in rem complaint is required under the provisions of
21		this Article, such notice or service shall be given as
22		follows:
23		(A) If the owner's or interest holder's name and
24		current address are known, then by either personal
25		service or mailing a copy of the notice by certified
26		mail, return receipt requested, to that address. For

SB3733 Engrossed - 1721 - LRB096 19592 AMC 34984 b
1		purposes of notice under this Section, if a person has
2		been arrested for the conduct giving rise to the
3		forfeiture, then the address provided to the arresting
4		agency at the time of arrest shall be deemed to be that
5		person's known address. Provided, however, if an owner
6		or interest holder's address changes prior to the
7		effective date of the notice of pending forfeiture, the
8		owner or interest holder shall promptly notify the
9		seizing agency of the change in address or, if the
10		owner or interest holder's address changes subsequent
11		to the effective date of the notice of pending
12		forfeiture, the owner or interest holder shall
13		promptly notify the State's Attorney of the change in
14		address; or
15		(B) If the property seized is a conveyance, to the
16		address reflected in the office of the agency or
17		official in which title or interest to the conveyance
18		is required by law to be recorded, then by mailing a
19		copy of the notice by certified mail, return receipt
20		requested, to that address; or
21		(C) If the owner's or interest holder's address is
22		not known, and is not on record as provided in
23		paragraph (B), then by publication for 3 successive
24		weeks in a newspaper of general circulation in the
25		county in which the seizure occurred.
26		(2) Notice served under this Article is effective upon

SB3733 Engrossed - 1722 - LRB096 19592 AMC 34984 b
1		personal service, the last date of publication, or the
2		mailing of written notice, whichever is earlier.
3		(j) Notice to State's Attorney. The law enforcement agency
4		seizing property for forfeiture under this Article shall,
5		within 90 days after seizure, notify the State's Attorney for
6		the county, either where an act or omission giving rise to the
7		forfeiture occurred or where the property was seized, of the
8		seizure of the property and the facts and circumstances giving
9		rise to the seizure and shall provide the State's Attorney with
10		the inventory of the property and its estimated value. When the
11		property seized for forfeiture is a vehicle, the law
12		enforcement agency seizing the property shall immediately
13		notify the Secretary of State that forfeiture proceedings are
14		pending regarding such vehicle.
15		(k) Non-judicial forfeiture. If non-real property that
16		exceeds $20,000 in value excluding the value of any conveyance,
17		or if real property is seized under the provisions of this
18		Article, the State's Attorney shall institute judicial in rem
19		forfeiture proceedings as described in subsection (l) of this
20		Section within 45 days from receipt of notice of seizure from
21		the seizing agency under subsection (j) of this Section.
22		However, if non-real property that does not exceed $20,000 in
23		value excluding the value of any conveyance is seized, the
24		following procedure shall be used:
25		(1) If, after review of the facts surrounding the
26		seizure, the State's Attorney is of the opinion that the

SB3733 Engrossed - 1723 - LRB096 19592 AMC 34984 b
1		seized property is subject to forfeiture, then within 45
2		days after the receipt of notice of seizure from the
3		seizing agency, the State's Attorney shall cause notice of
4		pending forfeiture to be given to the owner of the property
5		and all known interest holders of the property in
6		accordance with subsection (i) of this Section.
7		(2) The notice of pending forfeiture must include a
8		description of the property, the estimated value of the
9		property, the date and place of seizure, the conduct giving
10		rise to forfeiture or the violation of law alleged, and a
11		summary of procedures and procedural rights applicable to
12		the forfeiture action.
13		(3)(A) Any person claiming an interest in property
14		which is the subject of notice under paragraph (1) of this
15		subsection (k), must, in order to preserve any rights or
16		claims to the property, within 45 days after the effective
17		date of notice as described in subsection (i) of this
18		Section, file a verified claim with the State's Attorney
19		expressing his or her interest in the property. The claim
20		must set forth:
21		(i) the caption of the proceedings as set forth on
22		the notice of pending forfeiture and the name of the
23		claimant;
24		(ii) the address at which the claimant will accept
25		mail;
26		(iii) the nature and extent of the claimant's

SB3733 Engrossed - 1724 - LRB096 19592 AMC 34984 b
1		interest in the property;
2		(iv) the date, identity of the transferor, and
3		circumstances of the claimant's acquisition of the
4		interest in the property;
5		(v) the name and address of all other persons known
6		to have an interest in the property;
7		(vi) the specific provision of law relied on in
8		asserting the property is not subject to forfeiture;
9		(vii) all essential facts supporting each
10		assertion; and
11		(viii) the relief sought.
12		(B) If a claimant files the claim and deposits with the
13		State's Attorney a cost bond, in the form of a cashier's
14		check payable to the clerk of the court, in the sum of 10%
15		of the reasonable value of the property as alleged by the
16		State's Attorney or the sum of $100, whichever is greater,
17		upon condition that, in the case of forfeiture, the
18		claimant must pay all costs and expenses of forfeiture
19		proceedings, then the State's Attorney shall institute
20		judicial in rem forfeiture proceedings and deposit the cost
21		bond with the clerk of the court as described in subsection
22		(l) of this Section within 45 days after receipt of the
23		claim and cost bond. In lieu of a cost bond, a person
24		claiming interest in the seized property may file, under
25		penalty of perjury, an indigency affidavit which has been
26		approved by a circuit court judge.

SB3733 Engrossed - 1725 - LRB096 19592 AMC 34984 b
1		(C) If none of the seized property is forfeited in the
2		judicial in rem proceeding, the clerk of the court shall
3		return to the claimant, unless the court orders otherwise,
4		90% of the sum which has been deposited and shall retain as
5		costs 10% of the money deposited. If any of the seized
6		property is forfeited under the judicial forfeiture
7		proceeding, the clerk of the court shall transfer 90% of
8		the sum which has been deposited to the State's Attorney
9		prosecuting the civil forfeiture to be applied to the costs
10		of prosecution and the clerk shall retain as costs 10% of
11		the sum deposited.
12		(4) If no claim is filed or bond given within the 45
13		day period as described in paragraph (3) of this subsection
14		(k), the State's Attorney shall declare the property
15		forfeited and shall promptly notify the owner and all known
16		interest holders of the property and the Director of State
17		Police of the declaration of forfeiture and the Director
18		shall dispose of the property in accordance with law.
19		(l) Judicial in rem procedures. If property seized under
20		the provisions of this Article is non-real property that
21		exceeds $20,000 in value excluding the value of any conveyance,
22		or is real property, or a claimant has filed a claim and a cost
23		bond under paragraph (3) of subsection (k) of this Section, the
24		following judicial in rem procedures shall apply:
25		(1) If, after a review of the facts surrounding the
26		seizure, the State's Attorney is of the opinion that the

SB3733 Engrossed - 1726 - LRB096 19592 AMC 34984 b
1		seized property is subject to forfeiture, then within 45
2		days of the receipt of notice of seizure by the seizing
3		agency or the filing of the claim and cost bond, whichever
4		is later, the State's Attorney shall institute judicial
5		forfeiture proceedings by filing a verified complaint for
6		forfeiture and, if the claimant has filed a claim and cost
7		bond, by depositing the cost bond with the clerk of the
8		court. When authorized by law, a forfeiture must be ordered
9		by a court on an action in rem brought by a State's
10		Attorney under a verified complaint for forfeiture.
11		(2) During the probable cause portion of the judicial
12		in rem proceeding wherein the State presents its
13		case-in-chief, the court must receive and consider, among
14		other things, all relevant hearsay evidence and
15		information. The laws of evidence relating to civil actions
16		apply to all other portions of the judicial in rem
17		proceeding.
18		(3) Only an owner of or interest holder in the property
19		may file an answer asserting a claim against the property
20		in the action in rem. For purposes of this Section, the
21		owner or interest holder shall be referred to as claimant.
22		Upon motion of the State, the court shall first hold a
23		hearing, wherein any claimant must establish by a
24		preponderance of the evidence, that he or she has a lawful,
25		legitimate ownership interest in the property and that it
26		was obtained through a lawful source.

SB3733 Engrossed - 1727 - LRB096 19592 AMC 34984 b
1		(4) The answer must be signed by the owner or interest
2		holder under penalty of perjury and must set forth:
3		(A) the caption of the proceedings as set forth on
4		the notice of pending forfeiture and the name of the
5		claimant;
6		(B) the address at which the claimant will accept
7		mail;
8		(C) the nature and extent of the claimant's
9		interest in the property;
10		(D) the date, identity of transferor, and
11		circumstances of the claimant's acquisition of the
12		interest in the property;
13		(E) the name and address of all other persons known
14		to have an interest in the property;
15		(F) all essential facts supporting each assertion;
16		and
17		(G) the precise relief sought.
18		(5) The answer must be filed with the court within 45
19		days after service of the civil in rem complaint.
20		(6) The hearing must be held within 60 days after
21		filing of the answer unless continued for good cause.
22		(7) The State shall show the existence of probable
23		cause for forfeiture of the property. If the State shows
24		probable cause, the claimant has the burden of showing by a
25		preponderance of the evidence that the claimant's interest
26		in the property is not subject to forfeiture.

SB3733 Engrossed - 1728 - LRB096 19592 AMC 34984 b
1		(8) If the State does not show existence of probable
2		cause, the court shall order the interest in the property
3		returned or conveyed to the claimant and shall order all
4		other property forfeited to the State. If the State does
5		show existence of probable cause, the court shall order all
6		property forfeited to the State.
7		(9) A defendant convicted in any criminal proceeding is
8		precluded from later denying the essential allegations of
9		the criminal offense of which the defendant was convicted
10		in any proceeding under this Article regardless of the
11		pendency of an appeal from that conviction. However,
12		evidence of the pendency of an appeal is admissible.
13		(10) An acquittal or dismissal in a criminal proceeding
14		does not preclude civil proceedings under this Article;
15		however, for good cause shown, on a motion by the State's
16		Attorney, the court may stay civil forfeiture proceedings
17		during the criminal trial for a related criminal indictment
18		or information alleging a money laundering violation. Such
19		a stay shall not be available pending an appeal. Property
20		subject to forfeiture under this Article shall not be
21		subject to return or release by a court exercising
22		jurisdiction over a criminal case involving the seizure of
23		such property unless such return or release is consented to
24		by the State's Attorney.
25		(11) All property declared forfeited under this
26		Article vests in this State on the commission of the

SB3733 Engrossed - 1729 - LRB096 19592 AMC 34984 b
1		conduct giving rise to forfeiture together with the
2		proceeds of the property after that time. Any such property
3		or proceeds subsequently transferred to any person remain
4		subject to forfeiture and thereafter shall be ordered
5		forfeited.
6		(12) A civil action under this Article must be
7		commenced within 5 years after the last conduct giving rise
8		to forfeiture became known or should have become known or 5
9		years after the forfeitable property is discovered,
10		whichever is later, excluding any time during which either
11		the property or claimant is out of the State or in
12		confinement or during which criminal proceedings relating
13		to the same conduct are in progress.
14		(m) Stay of time periods. If property is seized for
15		evidence and for forfeiture, the time periods for instituting
16		judicial and non-judicial forfeiture proceedings shall not
17		begin until the property is no longer necessary for evidence.
18		(n) Settlement of claims. Notwithstanding other provisions
19		of this Article, the State's Attorney and a claimant of seized
20		property may enter into an agreed-upon settlement concerning
21		the seized property in such an amount and upon such terms as
22		are set out in writing in a settlement agreement.
23		(o) Property constituting attorney fees. Nothing in this
24		Article applies to property which constitutes reasonable bona
25		fide attorney's fees paid to an attorney for services rendered
26		or to be rendered in the forfeiture proceeding or criminal

SB3733 Engrossed - 1730 - LRB096 19592 AMC 34984 b
1		proceeding relating directly thereto where such property was
2		paid before its seizure, before the issuance of any seizure
3		warrant or court order prohibiting transfer of the property and
4		where the attorney, at the time he or she received the property
5		did not know that it was property subject to forfeiture under
6		this Article.
7		(p) Construction. It is the intent of the General Assembly
8		that the forfeiture provisions of this Article be liberally
9		construed so as to effect their remedial purpose. The
10		forfeiture of property and other remedies hereunder shall be
11		considered to be in addition to, and not exclusive of, any
12		sentence or other remedy provided by law.
13		(q) Judicial review. If property has been declared
14		forfeited under subsection (k) of this Section, any person who
15		has an interest in the property declared forfeited may, within
16		30 days after the effective date of the notice of the
17		declaration of forfeiture, file a claim and cost bond as
18		described in paragraph (3) of subsection (k) of this Section.
19		If a claim and cost bond is filed under this Section, then the
20		procedures described in subsection (l) of this Section apply.
21		(r) Burden of proof of exemption or exception. It is not
22		necessary for the State to negate any exemption or exception in
23		this Article in any complaint, information, indictment or other
24		pleading or in any trial, hearing, or other proceeding under
25		this Article. The burden of proof of any exemption or exception
26		is upon the person claiming it.

SB3733 Engrossed - 1731 - LRB096 19592 AMC 34984 b
1		(s) Review of administrative decisions. All administrative
2		findings, rulings, final determinations, findings, and
3		conclusions of the State's Attorney's Office under this Article
4		are final and conclusive decisions of the matters involved. Any
5		person aggrieved by the decision may obtain review of the
6		decision pursuant to the provisions of the Administrative
7		Review Law and the rules adopted pursuant to that Law. Pending
8		final decision on such review, the administrative acts, orders,
9		and rulings of the State's Attorney's Office remain in full
10		force and effect unless modified or suspended by order of court
11		pending final judicial decision. Pending final decision on such
12		review, the acts, orders, and rulings of the State's Attorney's
13		Office remain in full force and effect, unless stayed by order
14		of court. However, no stay of any decision of the
15		administrative agency shall issue unless the person aggrieved
16		by the decision establishes by a preponderance of the evidence
17		that good cause exists for the stay. In determining good cause,
18		the court shall find that the aggrieved party has established a
19		substantial likelihood of prevailing on the merits and that
20		granting the stay will not have an injurious effect on the
21		general public.
22		(Source: P.A. 96-275, eff. 8-11-09; 96-710, eff. 1-1-10;
23		revised 10-9-09.)
24		(720 ILCS 5/29D-25)
25		Sec. 29D-25. Falsely making a terrorist threat.

SB3733 Engrossed - 1732 - LRB096 19592 AMC 34984 b
1		(a) A person commits the offense of falsely making a
2		terrorist threat when in any manner he or she knowingly makes a
3		threat to commit or cause to be committed a terrorist act as
4		defined in Section 29D-10(1) or otherwise knowingly creates the
5		impression or belief that a terrorist act is about to be or has
6		been committed, or in any manner knowingly makes a threat to
7		commit or cause to be committed a catastrophe as defined in
8		Section 29D-15.1 (720 ILCS 5/29D-15.1) of this Code that he or
9		she knows is false.
10		(b) Sentence. Falsely making a terrorist threat is a Class
11		1 felony.
12		(c) In addition to any other sentence that may be imposed,
13		the court shall order any person convicted of falsely making a
14		terrorist threat, involving a threat that a bomb or explosive
15		device has been placed in a school in which the offender knows
16		that such bomb or explosive device was not placed in the
17		school, to reimburse the unit of government that employs the
18		emergency response officer or officers that were dispatched to
19		the school for the cost of the search for a bomb or explosive
20		device. For the purposes of this Section, "emergency response"
21		means any incident requiring a response by a police officer, a
22		firefighter, a State Fire Marshal employee, or an ambulance.
23		(Source: P.A. 96-413, eff. 8-13-09; 96-710, eff. 1-1-10;
24		revised 10-9-09.)
25		(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)

SB3733 Engrossed - 1733 - LRB096 19592 AMC 34984 b
1		Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
2		with the knowledge and consent of the owner in the commission
3		of, or in the attempt to commit as defined in Section 8-4 of
4		this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
5		11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.1, 12-4.2,
6		12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if
7		the theft is of precious metal or of scrap metal, 18-2, 19-1,
8		19-2, 19-3, 20-1, 20-2, 29D-15.2, 24-1.2, 24-1.2-5, 24-1.5, or
9		28-1, or 29D-15.2 of this Code, paragraph (a) of Section 12-4
10		of this Code, paragraph (a) of Section 12-15 or paragraphs (a),
11		(c) or (d) of Section 12-16 of this Code, or paragraph (a)(6)
12		or (a)(7) of Section 24-1 of this Code; (b) Section 21, 22, 23,
13		24 or 26 of the Cigarette Tax Act if the vessel, vehicle or
14		aircraft contains more than 10 cartons of such cigarettes; (c)
15		Section 28, 29 or 30 of the Cigarette Use Tax Act if the
16		vessel, vehicle or aircraft contains more than 10 cartons of
17		such cigarettes; (d) Section 44 of the Environmental Protection
18		Act; (e) 11-204.1 of the Illinois Vehicle Code; (f) the
19		offenses described in the following provisions of the Illinois
20		Vehicle Code: Section 11-501 subdivisions (c-1)(1), (c-1)(2),
21		(c-1)(3), (d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g)
22		an offense described in subsection (g) of Section 6-303 of the
23		Illinois Vehicle Code; or (h) an offense described in
24		subsection (e) of Section 6-101 of the Illinois Vehicle Code;
25		may be seized and delivered forthwith to the sheriff of the
26		county of seizure.

SB3733 Engrossed - 1734 - LRB096 19592 AMC 34984 b
1		Within 15 days after such delivery the sheriff shall give
2		notice of seizure to each person according to the following
3		method: Upon each such person whose right, title or interest is
4		of record in the office of the Secretary of State, the
5		Secretary of Transportation, the Administrator of the Federal
6		Aviation Agency, or any other Department of this State, or any
7		other state of the United States if such vessel, vehicle or
8		aircraft is required to be so registered, as the case may be,
9		by mailing a copy of the notice by certified mail to the
10		address as given upon the records of the Secretary of State,
11		the Department of Aeronautics, Department of Public Works and
12		Buildings or any other Department of this State or the United
13		States if such vessel, vehicle or aircraft is required to be so
14		registered. Within that 15 day period the sheriff shall also
15		notify the State's Attorney of the county of seizure about the
16		seizure.
17		In addition, any mobile or portable equipment used in the
18		commission of an act which is in violation of Section 7g of the
19		Metropolitan Water Reclamation District Act shall be subject to
20		seizure and forfeiture under the same procedures provided in
21		this Article for the seizure and forfeiture of vessels,
22		vehicles and aircraft, and any such equipment shall be deemed a
23		vessel, vehicle or aircraft for purposes of this Article.
24		When a person discharges a firearm at another individual
25		from a vehicle with the knowledge and consent of the owner of
26		the vehicle and with the intent to cause death or great bodily

SB3733 Engrossed - 1735 - LRB096 19592 AMC 34984 b
1		harm to that individual and as a result causes death or great
2		bodily harm to that individual, the vehicle shall be subject to
3		seizure and forfeiture under the same procedures provided in
4		this Article for the seizure and forfeiture of vehicles used in
5		violations of clauses (a), (b), (c), or (d) of this Section.
6		If the spouse of the owner of a vehicle seized for an
7		offense described in subsection (g) of Section 6-303 of the
8		Illinois Vehicle Code, a violation of subdivision (c-1)(1),
9		(c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501
10		of the Illinois Vehicle Code, or Section 9-3 of this Code makes
11		a showing that the seized vehicle is the only source of
12		transportation and it is determined that the financial hardship
13		to the family as a result of the seizure outweighs the benefit
14		to the State from the seizure, the vehicle may be forfeited to
15		the spouse or family member and the title to the vehicle shall
16		be transferred to the spouse or family member who is properly
17		licensed and who requires the use of the vehicle for employment
18		or family transportation purposes. A written declaration of
19		forfeiture of a vehicle under this Section shall be sufficient
20		cause for the title to be transferred to the spouse or family
21		member. The provisions of this paragraph shall apply only to
22		one forfeiture per vehicle. If the vehicle is the subject of a
23		subsequent forfeiture proceeding by virtue of a subsequent
24		conviction of either spouse or the family member, the spouse or
25		family member to whom the vehicle was forfeited under the first
26		forfeiture proceeding may not utilize the provisions of this

SB3733 Engrossed - 1736 - LRB096 19592 AMC 34984 b
1		paragraph in another forfeiture proceeding. If the owner of the
2		vehicle seized owns more than one vehicle, the procedure set
3		out in this paragraph may be used for only one vehicle.
4		Property declared contraband under Section 40 of the
5		Illinois Streetgang Terrorism Omnibus Prevention Act may be
6		seized and forfeited under this Article.
7		(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; revised
8		10-9-09.)
9		Section 605. The Illinois Controlled Substances Act is
10		amended by changing Sections 208 and 303.05 as follows:
11		(720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
12		Sec. 208. (a) The controlled substances listed in this
13		Section are included in Schedule III.
14		(b) Unless specifically excepted or unless listed in
15		another schedule, any material, compound, mixture, or
16		preparation which contains any quantity of the following
17		substances having a stimulant effect on the central nervous
18		system, including its salts, isomers (whether optical
19		position, or geometric), and salts of such isomers whenever the
20		existence of such salts, isomers, and salts of isomers is
21		possible within the specific chemical designation;
22		(1) Those compounds, mixtures, or preparations in
23		dosage unit form containing any stimulant substances
24		listed in Schedule II which compounds, mixtures, or

SB3733 Engrossed - 1737 - LRB096 19592 AMC 34984 b
1		preparations were listed on August 25, 1971, as excepted
2		compounds under Title 21, Code of Federal Regulations,
3		Section 308.32, and any other drug of the quantitative
4		composition shown in that list for those drugs or which is
5		the same except that it contains a lesser quantity of
6		controlled substances;
7		(2) Benzphetamine;
8		(3) Chlorphentermine;
9		(4) Clortermine;
10		(5) Phendimetrazine.
11		(c) Unless specifically excepted or unless listed in
12		another schedule, any material, compound, mixture, or
13		preparation which contains any quantity of the following
14		substances having a potential for abuse associated with a
15		depressant effect on the central nervous system:
16		(1) Any compound, mixture, or preparation containing
17		amobarbital, secobarbital, pentobarbital or any salt
18		thereof and one or more other active medicinal ingredients
19		which are not listed in any schedule;
20		(2) Any suppository dosage form containing
21		amobarbital, secobarbital, pentobarbital or any salt of
22		any of these drugs and approved by the Federal Food and
23		Drug Administration for marketing only as a suppository;
24		(3) Any substance which contains any quantity of a
25		derivative of barbituric acid, or any salt thereof:
26		(4) Chlorhexadol;

SB3733 Engrossed - 1738 - LRB096 19592 AMC 34984 b
1		(5) Methyprylon;
2		(6) Sulfondiethylmethane;
3		(7) Sulfonethylmethane;
4		(8) Sulfonmethane;
5		(9) Lysergic acid;
6		(10) Lysergic acid amide;
7		(10.1) Tiletamine or zolazepam or both, or any salt of
8		either of them.
9		Some trade or other names for a tiletamine-zolazepam
10		combination product: Telazol.
11		Some trade or other names for Tiletamine:
12		2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
13		Some trade or other names for zolazepam:
14		4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
15		[3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
16		(11) Any material, compound, mixture or preparation
17		containing not more than 12.5 milligrams of pentazocine or
18		any of its salts, per 325 milligrams of aspirin;
19		(12) Any material, compound, mixture or preparation
20		containing not more than 12.5 milligrams of pentazocine or
21		any of its salts, per 325 milligrams of acetaminophen;
22		(13) Any material, compound, mixture or preparation
23		containing not more than 50 milligrams of pentazocine or
24		any of its salts plus naloxone HCl USP 0.5 milligrams, per
25		dosage unit;
26		(14) Ketamine.

SB3733 Engrossed - 1739 - LRB096 19592 AMC 34984 b
1		(d) Nalorphine.
2		(e) Unless specifically excepted or unless listed in
3		another schedule, any material, compound, mixture, or
4		preparation containing limited quantities of any of the
5		following narcotic drugs, or their salts calculated as the free
6		anhydrous base or alkaloid, as set forth below:
7		(1) not more than 1.8 grams of codeine per 100
8		milliliters or not more than 90 milligrams per dosage unit,
9		with an equal or greater quantity of an isoquinoline
10		alkaloid of opium;
11		(2) not more than 1.8 grams of codeine per 100
12		milliliters or not more than 90 milligrams per dosage unit,
13		with one or more active non-narcotic ingredients in
14		recognized therapeutic amounts;
15		(3) not more than 300 milligrams of dihydrocodeinone
16		per 100 milliliters or not more than 15 milligrams per
17		dosage unit, with a fourfold or greater quantity of an
18		isoquinoline alkaloid of opium;
19		(4) not more than 300 milligrams of dihydrocodeinone
20		per 100 milliliters or not more than 15 milligrams per
21		dosage unit, with one or more active, non-narcotic
22		ingredients in recognized therapeutic amounts;
23		(5) not more than 1.8 grams of dihydrocodeine per 100
24		milliliters or not more than 90 milligrams per dosage unit,
25		with one or more active, non-narcotic ingredients in
26		recognized therapeutic amounts;

SB3733 Engrossed - 1740 - LRB096 19592 AMC 34984 b
1		(6) not more than 300 milligrams of ethylmorphine per
2		100 milliliters or not more than 15 milligrams per dosage
3		unit, with one or more active, non-narcotic ingredients in
4		recognized therapeutic amounts;
5		(7) not more than 500 milligrams of opium per 100
6		milliliters or per 100 grams, or not more than 25
7		milligrams per dosage unit, with one or more active,
8		non-narcotic ingredients in recognized therapeutic
9		amounts;
10		(8) not more than 50 milligrams of morphine per 100
11		milliliters or per 100 grams with one or more active,
12		non-narcotic ingredients in recognized therapeutic
13		amounts.
14		(f) Anabolic steroids, except the following anabolic
15		steroids that are exempt:
16		(1) Androgyn L.A.;
17		(2) Andro-Estro 90-4;
18		(3) depANDROGYN;
19		(4) DEPO-T.E.;
20		(5) depTESTROGEN;
21		(6) Duomone;
22		(7) DURATESTRIN;
23		(8) DUO-SPAN II;
24		(9) Estratest;
25		(10) Estratest H.S.;
26		(11) PAN ESTRA TEST;

SB3733 Engrossed - 1741 - LRB096 19592 AMC 34984 b
1		(12) Premarin with Methyltestosterone;
2		(13) TEST-ESTRO Cypionates;
3		(14) Testosterone Cyp 50 Estradiol Cyp 2;
4		(15) Testosterone Cypionate-Estradiol Cypionate
5		injection; and
6		(16) Testosterone Enanthate-Estradiol Valerate
7		injection.
8		(g) Hallucinogenic substances.
9		(1) Dronabinol (synthetic) in sesame oil and
10		encapsulated in a soft gelatin capsule in a U.S. Food and
11		Drug Administration approved product. Some other names for
12		dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
13		6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol)
14		(6aR-trans)-6a,7,8,10a-tetrahydro-
15		6,6,9-trimetjyl-3-pentyl-6H-debenzo (b,d) pyran-1-ol) or
16		(-)-delta-9-(trans)-tetrahydrocannabinol
17		(-)-delta-9-(trans)-tetrahydrocannibinol.
18		(2) (Reserved).
19		(h) The Department may except by rule any compound,
20		mixture, or preparation containing any stimulant or depressant
21		substance listed in subsection (b) from the application of all
22		or any part of this Act if the compound, mixture, or
23		preparation contains one or more active medicinal ingredients
24		not having a stimulant or depressant effect on the central
25		nervous system, and if the admixtures are included therein in
26		combinations, quantity, proportion, or concentration that

SB3733 Engrossed - 1742 - LRB096 19592 AMC 34984 b
1		vitiate the potential for abuse of the substances which have a
2		stimulant or depressant effect on the central nervous system.
3		(Source: P.A. 96-328, eff. 8-11-09; revised 11-4-09.)
4		(720 ILCS 570/303.05)
5		Sec. 303.05. Mid-level practitioner registration.
6		(a) The Department of Financial and Professional
7		Regulation shall register licensed physician assistants and
8		licensed advanced practice nurses to prescribe and dispense
9		controlled substances under Section 303 and euthanasia
10		agencies to purchase, store, or administer animal euthanasia
11		drugs under the following circumstances:
12		(1) with respect to physician assistants,
13		(A) the physician assistant has been delegated
14		authority to prescribe any Schedule III through V
15		controlled substances by a physician licensed to
16		practice medicine in all its branches in accordance
17		with Section 7.5 of the Physician Assistant Practice
18		Act of 1987; and the physician assistant has completed
19		the appropriate application forms and has paid the
20		required fees as set by rule; or
21		(B) the physician assistant has been delegated
22		authority by a supervising physician licensed to
23		practice medicine in all its branches to prescribe or
24		dispense Schedule II controlled substances through a
25		written delegation of authority and under the

SB3733 Engrossed - 1743 - LRB096 19592 AMC 34984 b
1		following conditions:
2		(i) no more than 5 Schedule II controlled
3		substances by oral dosage may be delegated;
4		(ii) any delegation must be of controlled
5		substances prescribed by the supervising
6		physician;
7		(iii) all prescriptions must be limited to no
8		more than a 30-day oral dosage, with any
9		continuation authorized only after prior approval
10		of the supervising physician;
11		(iv) the physician assistant must discuss the
12		condition of any patients for whom a controlled
13		substance is prescribed monthly with the
14		delegating physician; and
15		(v) the physician assistant must have
16		completed the appropriate application forms and
17		paid the required fees as set by rule; and
18		(2) with respect to advanced practice nurses,
19		(A) the advanced practice nurse has been delegated
20		authority to prescribe any Schedule III through V
21		controlled substances by a physician licensed to
22		practice medicine in all its branches or a podiatrist
23		in accordance with Section 65-40 of the Nurse Practice
24		Act. The advanced practice nurse has completed the
25		appropriate application forms and has paid the
26		required fees as set by rule; or

SB3733 Engrossed - 1744 - LRB096 19592 AMC 34984 b
1		(B) the advanced practice nurse has been delegated
2		authority by a collaborating physician licensed to
3		practice medicine in all its branches to prescribe or
4		dispense Schedule II controlled substances through a
5		written delegation of authority and under the
6		following conditions:
7		(i) no more than 5 Schedule II controlled
8		substances by oral dosage may be delegated;
9		(ii) any delegation must be of controlled
10		substances prescribed by the collaborating
11		physician;
12		(iii) all prescriptions must be limited to no
13		more than a 30-day oral dosage, with any
14		continuation authorized only after prior approval
15		of the collaborating physician;
16		(iv) the advanced practice nurse must discuss
17		the condition of any patients for whom a controlled
18		substance is prescribed monthly with the
19		delegating physician; and
20		(v) the advanced practice nurse must have
21		completed the appropriate application forms and
22		paid the required fees as set by rule; or
23		(3) with respect to animal euthanasia agencies, the
24		euthanasia agency has obtained a license from the
25		Department of Professional Regulation and obtained a
26		registration number from the Department.

SB3733 Engrossed - 1745 - LRB096 19592 AMC 34984 b
1		(b) The mid-level practitioner shall only be licensed to
2		prescribe those schedules of controlled substances for which a
3		licensed physician or licensed podiatrist has delegated
4		prescriptive authority, except that an animal euthanasia
5		agency does not have any prescriptive authority. A physician
6		assistant and an advanced practice nurse are prohibited from
7		prescribing medications and controlled substances not set
8		forth in the required written delegation of authority.
9		(c) Upon completion of all registration requirements,
10		physician assistants, advanced practice nurses, and animal
11		euthanasia agencies shall be issued a mid-level practitioner
12		controlled substances license for Illinois.
13		(Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09;
14		96-268, eff. 8-11-09; revised 9-4-09.)
15		Section 610. The Prevention of Tobacco Use by Minors Act
16		(as amended by P.A. 96-179)/Sale and Distribution of Tobacco
17		Products Act (as amended by P.A. 96-446) is amended by changing
18		the title of the Act and Sections 0.01 and 1 as follows:
19		(720 ILCS 675/Act title)
20		An Act to prohibit minors from buying, selling, or
21		possessing tobacco in any of its forms, to prohibit selling,
22		giving or furnishing tobacco, in any of its forms, to minors,
23		and to prohibit the distribution of tobacco samples and
24		providing penalties therefor.

SB3733 Engrossed - 1746 - LRB096 19592 AMC 34984 b
1		(720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
2		Sec. 0.01. Short title. This Act may be cited as the
3		Prevention of Tobacco Use by Minors and Sale and Distribution
4		of Tobacco Products Act.
5		(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
6		revised 10-8-09.)
7		(720 ILCS 675/1) (from Ch. 23, par. 2357)
8		Sec. 1. Prohibition on sale to and possession of tobacco by
9		minors; prohibition on the distribution of tobacco samples to
10		any person; use of identification cards; vending machines;
11		lunch wagons; out-of-package sales.
12		(a) No minor under 18 years of age shall buy any tobacco
13		product. No person shall sell, buy for, distribute samples of
14		or furnish any tobacco product to any minor under 18 years of
15		age.
16		(a-5) No minor under 16 years of age may sell any tobacco
17		product at a retail establishment selling tobacco products.
18		This subsection does not apply to a sales clerk in a
19		family-owned business which can prove that the sales clerk is
20		in fact a son or daughter of the owner.
21		(a-6) No minor under 18 years of age in the furtherance or
22		facilitation of obtaining any tobacco product shall display or
23		use a false or forged identification card or transfer, alter,
24		or deface an identification card.

SB3733 Engrossed - 1747 - LRB096 19592 AMC 34984 b
1		(a-7) No minor under 18 years of age shall possess any
2		cigar, cigarette, smokeless tobacco, or tobacco in any of its
3		forms.
4		(a-8) (a-7) A person shall not distribute without charge
5		samples of any tobacco product to any other person, regardless
6		of age:
7		(1) within a retail establishment selling tobacco
8		products, unless the retailer has verified the purchaser's
9		age with a government issued identification;
10		(2) from a lunch wagon; or
11		(3) on a public way as a promotion or advertisement of
12		a tobacco manufacturer or tobacco product.
13		This subsection (a-8) (a-7) does not apply to the
14		distribution of a tobacco product sample in any adult-only
15		facility.
16		(a-9) For the purpose of this Section:
17		"Adult-only facility means a facility or restricted
18		area (whether open-air or enclosed) where the operator
19		ensures or has a reasonable basis to believe (such as by
20		checking identification as required under State law, or by
21		checking the identification of any person appearing to be
22		under the age of 27) that no person under legal age is
23		present. A facility or restricted area need not be
24		permanently restricted to persons under legal age to
25		constitute an adult-only facility, provided that the
26		operator ensures or has a reasonable basis to believe that

SB3733 Engrossed - 1748 - LRB096 19592 AMC 34984 b
1		no person under legal age is present during the event or
2		time period in question.
3		"Lunch wagon" means a mobile vehicle designed and
4		constructed to transport food and from which food is sold
5		to the general public.
6		"Smokeless tobacco" means any tobacco products that
7		are suitable for dipping or chewing.
8		"Tobacco product" means any cigar, cigarette,
9		smokeless tobacco, or tobacco in any of its forms.
10		(b) Tobacco products listed in this Section may be sold
11		through a vending machine only if such tobacco products are not
12		placed together with any non-tobacco product, other than
13		matches, in the vending machine and the vending machine is in
14		any of the following locations:
15		(1) (Blank).
16		(2) Places to which minors under 18 years of age are
17		not permitted access.
18		(3) Places where alcoholic beverages are sold and
19		consumed on the premises and vending machine operation is
20		under the direct supervision of the owner or manager.
21		(4) (Blank).
22		(5) Places where the vending machine can only be
23		operated by the owner or an employee over age 18 either
24		directly or through a remote control device if the device
25		is inaccessible to all customers.
26		(c) (Blank).

SB3733 Engrossed - 1749 - LRB096 19592 AMC 34984 b
1		(d) The sale or distribution by any person of a tobacco
2		product in this Section, including but not limited to a single
3		or loose cigarette, that is not contained within a sealed
4		container, pack, or package as provided by the manufacturer,
5		which container, pack, or package bears the health warning
6		required by federal law, is prohibited.
7		(e) It is not a violation of this Act for a person under 18
8		years of age to purchase or possess a cigar, cigarette,
9		smokeless tobacco or tobacco in any of its forms if the person
10		under the age of 18 purchases or is given the cigar, cigarette,
11		smokeless tobacco or tobacco in any of its forms from a retail
12		seller of tobacco products or an employee of the retail seller
13		pursuant to a plan or action to investigate, patrol, or
14		otherwise conduct a "sting operation" or enforcement action
15		against a retail seller of tobacco products or a person
16		employed by the retail seller of tobacco products or on any
17		premises authorized to sell tobacco products to determine if
18		tobacco products are being sold or given to persons under 18
19		years of age if the "sting operation" or enforcement action is
20		approved by the Department of State Police, the county sheriff,
21		a municipal police department, the Department of Public Health,
22		or a local health department.
23		(Source: P.A. 95-905, eff. 1-1-09; 96-179, eff. 8-10-09;
24		96-446, eff. 1-1-10; revised 10-19-09.)
25		Section 615. The Display of Tobacco Products Act is amended

SB3733 Engrossed - 1750 - LRB096 19592 AMC 34984 b
1		by changing Section 15 as follows:
2		(720 ILCS 677/15)
3		Sec. 15. Vending machines. This Act does not prohibit the
4		sale of tobacco products from vending machines if the location
5		of the vending machines are in compliance with the provisions
6		of Section 1 of the Prevention of Tobacco Use by Minors and
7		Sale and Distribution of Tobacco Products Act.
8		(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
9		revised 10-19-09.)
10		Section 620. The Unified Code of Corrections is amended by
11		changing Sections 3-1-2, 3-3-2.1, 3-3-7, 5-4-3, 5-4.5-15,
12		5-4.5-100, 5-5-3.2, 5-6-1, 5-6-3, 5-6-3.1, 5-8-1, 5-8-4,
13		5-8-8, and 5-9-1.1-5 and by setting forth and renumbering
14		multiple versions of Section 5-9-1.17 as follows:
15		(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
16		Sec. 3-1-2. Definitions.
17		(a) "Chief Administrative Officer" means the person
18		designated by the Director to exercise the powers and duties of
19		the Department of Corrections in regard to committed persons
20		within a correctional institution or facility, and includes the
21		superintendent of any juvenile institution or facility.
22		(a-5) "Sex offense" for the purposes of paragraph (16) of
23		subsection (a) of Section 3-3-7, paragraph (10) of subsection

SB3733 Engrossed - 1751 - LRB096 19592 AMC 34984 b
1		(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
2		Section 5-6-3.1 only means:
3		(i) A violation of any of the following Sections of the
4		Criminal Code of 1961: 10-7 (aiding or abetting child
5		abduction under Section 10-5(b)(10)), 10-5(b)(10) (child
6		luring), 11-6 (indecent solicitation of a child), 11-6.5
7		(indecent solicitation of an adult), 11-15.1 (soliciting
8		for a juvenile prostitute), 11-17.1 (keeping a place of
9		juvenile prostitution), 11-18.1 (patronizing a juvenile
10		prostitute), 11-19.1 (juvenile pimping), 11-19.2
11		(exploitation of a child), 11-20.1 (child pornography),
12		12-14.1 (predatory criminal sexual assault of a child), or
13		12-33 (ritualized abuse of a child). An attempt to commit
14		any of these offenses.
15		(ii) A violation of any of the following Sections of
16		the Criminal Code of 1961: 12-13 (criminal sexual assault),
17		12-14 (aggravated criminal sexual assault), 12-16
18		(aggravated criminal sexual abuse), and subsection (a) of
19		Section 12-15 (criminal sexual abuse). An attempt to commit
20		any of these offenses.
21		(iii) A violation of any of the following Sections of
22		the Criminal Code of 1961 when the defendant is not a
23		parent of the victim:
24		10-1 (kidnapping),
25		10-2 (aggravated kidnapping),
26		10-3 (unlawful restraint),

SB3733 Engrossed - 1752 - LRB096 19592 AMC 34984 b
1		10-3.1 (aggravated unlawful restraint).
2		An attempt to commit any of these offenses.
3		(iv) A violation of any former law of this State
4		substantially equivalent to any offense listed in this
5		subsection (a-5).
6		An offense violating federal law or the law of another
7		state that is substantially equivalent to any offense listed in
8		this subsection (a-5) shall constitute a sex offense for the
9		purpose of this subsection (a-5). A finding or adjudication as
10		a sexually dangerous person under any federal law or law of
11		another state that is substantially equivalent to the Sexually
12		Dangerous Persons Act shall constitute an adjudication for a
13		sex offense for the purposes of this subsection (a-5).
14		(b) "Commitment" means a judicially determined placement
15		in the custody of the Department of Corrections on the basis of
16		delinquency or conviction.
17		(c) "Committed Person" is a person committed to the
18		Department, however a committed person shall not be considered
19		to be an employee of the Department of Corrections for any
20		purpose, including eligibility for a pension, benefits, or any
21		other compensation or rights or privileges which may be
22		provided to employees of the Department.
23		(c-5) "Computer scrub software" means any third-party
24		added software, designed to delete information from the
25		computer unit, the hard drive, or other software, which would
26		eliminate and prevent discovery of browser activity, including

SB3733 Engrossed - 1753 - LRB096 19592 AMC 34984 b
1		but not limited to Internet history, address bar or bars, cache
2		or caches, and/or cookies, and which would over-write files in
3		a way so as to make previous computer activity, including but
4		not limited to website access, more difficult to discover.
5		(d) "Correctional Institution or Facility" means any
6		building or part of a building where committed persons are kept
7		in a secured manner.
8		(e) In the case of functions performed before the effective
9		date of this amendatory Act of the 94th General Assembly,
10		"Department" means the Department of Corrections of this State.
11		In the case of functions performed on or after the effective
12		date of this amendatory Act of the 94th General Assembly,
13		"Department" has the meaning ascribed to it in subsection
14		(f-5).
15		(f) In the case of functions performed before the effective
16		date of this amendatory Act of the 94th General Assembly,
17		"Director" means the Director of the Department of Corrections.
18		In the case of functions performed on or after the effective
19		date of this amendatory Act of the 94th General Assembly,
20		"Director" has the meaning ascribed to it in subsection (f-5).
21		(f-5) In the case of functions performed on or after the
22		effective date of this amendatory Act of the 94th General
23		Assembly, references to "Department" or "Director" refer to
24		either the Department of Corrections or the Director of
25		Corrections or to the Department of Juvenile Justice or the
26		Director of Juvenile Justice unless the context is specific to

SB3733 Engrossed - 1754 - LRB096 19592 AMC 34984 b
1		the Department of Juvenile Justice or the Director of Juvenile
2		Justice.
3		(g) "Discharge" means the final termination of a commitment
4		to the Department of Corrections.
5		(h) "Discipline" means the rules and regulations for the
6		maintenance of order and the protection of persons and property
7		within the institutions and facilities of the Department and
8		their enforcement.
9		(i) "Escape" means the intentional and unauthorized
10		absence of a committed person from the custody of the
11		Department.
12		(j) "Furlough" means an authorized leave of absence from
13		the Department of Corrections for a designated purpose and
14		period of time.
15		(k) "Parole" means the conditional and revocable release of
16		a committed person under the supervision of a parole officer.
17		(l) "Prisoner Review Board" means the Board established in
18		Section 3-3-1(a), independent of the Department, to review
19		rules and regulations with respect to good time credits, to
20		hear charges brought by the Department against certain
21		prisoners alleged to have violated Department rules with
22		respect to good time credits, to set release dates for certain
23		prisoners sentenced under the law in effect prior to the
24		effective date of this Amendatory Act of 1977, to hear requests
25		and make recommendations to the Governor with respect to
26		pardon, reprieve or commutation, to set conditions for parole

SB3733 Engrossed - 1755 - LRB096 19592 AMC 34984 b
1		and mandatory supervised release and determine whether
2		violations of those conditions justify revocation of parole or
3		release, and to assume all other functions previously exercised
4		by the Illinois Parole and Pardon Board.
5		(m) Whenever medical treatment, service, counseling, or
6		care is referred to in this Unified Code of Corrections, such
7		term may be construed by the Department or Court, within its
8		discretion, to include treatment, service or counseling by a
9		Christian Science practitioner or nursing care appropriate
10		therewith whenever request therefor is made by a person subject
11		to the provisions of this Act.
12		(n) "Victim" shall have the meaning ascribed to it in
13		subsection (a) of Section 3 of the Bill of Rights for Victims
14		and Witnesses of Violent Crime Act.
15		(Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10; revised
16		10-9-09.)
17		(730 ILCS 5/3-3-2.1) (from Ch. 38, par. 1003-3-2.1)
18		Sec. 3-3-2.1. Prisoner Review Board - Release Date.
19		(a) Except as provided in subsection (b), the Prisoner
20		Review Board shall, no later than 7 days following a prisoner's
21		next parole hearing after the effective date of this Amendatory
22		Act of 1977, provide each prisoner sentenced under the law in
23		effect prior to the effective date of this amendatory Act of
24		1977, with a fixed release date.
25		(b) No release date under this Section shall be set for any

SB3733 Engrossed - 1756 - LRB096 19592 AMC 34984 b
1		person sentenced to an indeterminate sentence under the law in
2		effect prior to the effective date of this amendatory Act of
3		1977 in which the minimum term of such sentence is 20 years or
4		more.
5		(c) The Prisoner Review Board shall notify each eligible
6		offender of his or her release date in a form substantially as
7		follows:
8		Date of Notice
9		"To (Name of offender):
10		Under a recent change in the law you are provided with this
11		choice:
12		(1) You may remain under your present indeterminate
13		sentence and continue to be eligible for parole; or (2) you may
14		waive your right to parole and accept the release date which
15		has been set for you. From this release date will be deducted
16		any good conduct credit you may earn.
17		If you accept the release date established by the Board,
18		you will no longer be eligible for parole.
19		Your release date from prison has been set for: (release
20		date) ........ , subject to a term of mandatory supervised
21		release as provided by law.
22		If you accumulate the maximum amount of good conduct credit
23		as allowed by law recently enacted, you can be released on:
24		........ , subject to a term of mandatory supervised release as
25		provided by law.
26		Should you choose not to accept the release date, your next

SB3733 Engrossed - 1757 - LRB096 19592 AMC 34984 b
1		parole hearing will be: ........ .
2		The Board has based its determination of your release date
3		on the following:
4		(1) The material that normally would be examined in
5		connection with your parole hearing, as set forth in
6		paragraph (d) of Section 3-3-4 of the Unified Code of
7		Corrections:
8		(2) the intent of the court in imposing sentence on
9		you;
10		(3) the present schedule of sentences for similar
11		offenses provided by Articles 4.5 and 5 of Chapter V of the
12		Unified Code of Corrections, as amended;
13		(4) the factors in mitigation and aggravation provided
14		by Sections 5-5-3.1 and 5-5-3.2 of the Unified Code of
15		Corrections, as amended;
16		(5) The rate of accumulating good conduct credits
17		provided by Section 3-6-3 of the Unified Code of
18		Corrections, as amended;
19		(6) your behavior since commitment.
20		You now have 60 days in which to decide whether to remain
21		under your indeterminate sentence and continue to be eligible
22		for parole or waive your right to parole and accept the release
23		date established for you by the Board. If you do nothing within
24		60 days, you will remain under the parole system.
25		If you accept the release date, you may accumulate good
26		conduct credit at the maximum rate provided under the law

SB3733 Engrossed - 1758 - LRB096 19592 AMC 34984 b
1		recently enacted.
2		If you feel that the release date set for you is unfair or
3		is not based on complete information required to be considered
4		by the Board, you may request that the Board reconsider the
5		date. In your request you must set forth specific reasons why
6		you feel the Board's release date is unfair and you may submit
7		relevant material in support of your request.
8		The Department of Corrections is obligated to assist you in
9		that effort, if you ask it to do so.
10		The Board will notify you within 60 days whether or not it
11		will reconsider its decision. The Board's decision with respect
12		to reconsidering your release date is final and cannot be
13		appealed to any court.
14		If the Board decides not to reconsider your case you will
15		have 60 days in which to decide whether to accept the release
16		date and waive your right to parole or to continue under the
17		parole system. If you do nothing within 60 days after you
18		receive notification of the Board's decision you will remain
19		under the parole system.
20		If the Board decides to reconsider its decision with
21		respect to your release date, the Board will schedule a date
22		for reconsideration as soon as practicable, but no later than
23		60 days from the date it receives your request, and give you at
24		least 30 days notice. You may submit material to the Board
25		which you believe will be helpful in deciding a proper date for
26		your release. The Department of Corrections is obligated to

SB3733 Engrossed - 1759 - LRB096 19592 AMC 34984 b
1		assist you in that effort, if you ask it to do so.
2		Neither you nor your lawyer has the right to be present on
3		the date of reconsideration, nor the right to call witnesses.
4		However, the Board may ask you or your lawyer to appear or may
5		ask to hear witnesses. The Board will base its determination on
6		the same data on which it made its earlier determination, plus
7		any new information which may be available to it.
8		When the Board has made its decision you will be informed
9		of the release date. In no event will it be longer than the
10		release date originally determined. From this date you may
11		continue to accumulate good conduct credits at the maximum
12		rate. You will not be able to appeal the Board's decision to a
13		court.
14		Following the Board's reconsideration and upon being
15		notified of your release date you will have 60 days in which to
16		decide whether to accept the release date and waive your right
17		to parole or to continue under the parole system. If you do
18		nothing within 60 days after notification of the Board's
19		decision you will remain under the parole system."
20		(d) The Board shall provide each eligible offender with a
21		form substantially as follows:
22		"I (name of offender) am fully aware of my right to choose
23		between parole eligibility and a fixed release date. I know
24		that if I accept the release date established, I will give up
25		my right to seek parole. I have read and understood the
26		Prisoner Review Board's letter, and I know how and under what

SB3733 Engrossed - 1760 - LRB096 19592 AMC 34984 b
1		circumstances the Board has set my release date. I know that I
2		will be released on that date and will be released earlier if I
3		accumulate good conduct credit. I know that the date set by the
4		Board is final, and can't be appealed to a court.
5		Fully aware of all the implications, I expressly and
6		knowingly waive my right to seek parole and accept the release
7		date as established by the Prisoner Review Board."
8		(e) The Board shall use the following information and
9		standards in establishing a release date for each eligible
10		offender who requests that a date be set:
11		(1) Such information as would be considered in a parole
12		hearing under Section 3-3-4 of this Code;
13		(2) The intent of the court in imposing the offender's
14		sentence;
15		(3) The present schedule for similar offenses provided
16		by Articles 4.5 and 5 of Chapter V of this Code;
17		(4) Factors in aggravation and mitigation of sentence
18		as provided in Sections 5-5-3.1 and 5-5-3.2 of this Code;
19		(5) The rate of accumulating good conduct credits
20		provided by Section 3-6-3 of this Code;
21		(6) The offender's behavior since commitment to the
22		Department.
23		(f) After the release date is set by the Board, the
24		offender can accumulate good conduct credits in accordance with
25		Section 3-6-3 of this Code.
26		(g) The release date established by the Board shall not be

SB3733 Engrossed - 1761 - LRB096 19592 AMC 34984 b
1		sooner than the earliest date that the offender would have been
2		eligible for release under the sentence imposed on him by the
3		court, less time credit previously earned for good behavior,
4		nor shall it be later than the latest date at which the
5		offender would have been eligible for release under such
6		sentence, less time credit previously earned for good behavior.
7		(h) (1) Except as provided in subsection (b), each prisoner
8		appearing at his next parole hearing subsequent to the
9		effective date of the amendatory Act of 1977, shall be notified
10		within 7 days of the hearing that he will either be released on
11		parole or that a release date has been set by the Board. The
12		notice and waiver form provided for in subsections (c) and (d)
13		shall be presented to eligible prisoners no later than 7 days
14		following their parole hearing. A written statement of the
15		basis for the decision with regard to the release date set
16		shall be given to such prisoners no later than 14 days
17		following the parole hearing.
18		(2) Each prisoner upon notification of his release date
19		shall have 60 days to choose whether to remain under the parole
20		system or to accept the release date established by the Board.
21		No release date shall be effective unless the prisoner waives
22		his right to parole in writing. If no choice is made by such
23		prisoner within 60 days from the date of his notification of a
24		release date, such prisoner shall remain under the parole
25		system.
26		(3) Within the 60 day period as provided in paragraph (2)

SB3733 Engrossed - 1762 - LRB096 19592 AMC 34984 b
1		of this subsection, a prisoner may request that the Board
2		reconsider its decision with regard to such prisoner's release
3		date. No later than 60 days following receipt of such request
4		for reconsideration, the Board shall notify the prisoner as to
5		whether or not it will reconsider such prisoner's release date.
6		No court shall have jurisdiction to review the Board's
7		decision. No prisoner shall be entitled to more than one
8		request for reconsideration of his release date.
9		(A) If the Board decides not to reconsider the release
10		date, the prisoner shall have 60 days to choose whether to
11		remain under the parole system or to accept the release
12		date established by the Board. No release date shall be
13		effective unless the prisoner waives his right to parole in
14		writing. If no choice is made by such prisoner within 60
15		days from the date of the notification by the Board
16		refusing to reconsider his release date, such prisoner
17		shall remain under the parole system.
18		(B) If the Board decides to reconsider its decision
19		with respect to such release date, the Board shall schedule
20		a date for reconsideration as soon as practicable, but no
21		later than 60 days from the date of the prisoner's request,
22		and give such prisoner at least 30 days notice. Such
23		prisoner may submit any relevant material to the Board
24		which would aid in ascertaining a proper release date. The
25		Department of Corrections shall assist any such prisoner if
26		asked to do so.

SB3733 Engrossed - 1763 - LRB096 19592 AMC 34984 b
1		Neither the prisoner nor his lawyer has the right to be
2		present on the date of reconsideration, nor the right to
3		call witnesses. However, the Board may ask such prisoner or
4		his or her lawyer to appear or may ask to hear witnesses.
5		The Board shall base its determination on the factors
6		specified in subsection (e), plus any new information which
7		may be available to it.
8		(C) When the Board has made its decision, the prisoner
9		shall be informed of the release date as provided for in
10		subsection (c) no later than 7 days following the
11		reconsideration. In no event shall such release date be
12		longer than the release date originally determined. The
13		decision of the Board is final. No court shall have
14		jurisdiction to review the Board's decision.
15		Following the Board's reconsideration and its notification
16		to the prisoner of his or her release date, such prisoner shall
17		have 60 days from the date of such notice in which to decide
18		whether to accept the release date and waive his or her right
19		to parole or to continue under the parole system. If such
20		prisoner does nothing within 60 days after notification of the
21		Board's decision, he or she shall remain under the parole
22		system.
23		(Source: P.A. 95-1052, eff. 7-1-09; revised 11-4-09.)
24		(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
25		Sec. 3-3-7. Conditions of Parole or Mandatory Supervised

SB3733 Engrossed - 1764 - LRB096 19592 AMC 34984 b
1		Release.
2		(a) The conditions of parole or mandatory supervised
3		release shall be such as the Prisoner Review Board deems
4		necessary to assist the subject in leading a law-abiding life.
5		The conditions of every parole and mandatory supervised release
6		are that the subject:
7		(1) not violate any criminal statute of any
8		jurisdiction during the parole or release term;
9		(2) refrain from possessing a firearm or other
10		dangerous weapon;
11		(3) report to an agent of the Department of
12		Corrections;
13		(4) permit the agent to visit him or her at his or her
14		home, employment, or elsewhere to the extent necessary for
15		the agent to discharge his or her duties;
16		(5) attend or reside in a facility established for the
17		instruction or residence of persons on parole or mandatory
18		supervised release;
19		(6) secure permission before visiting or writing a
20		committed person in an Illinois Department of Corrections
21		facility;
22		(7) report all arrests to an agent of the Department of
23		Corrections as soon as permitted by the arresting authority
24		but in no event later than 24 hours after release from
25		custody;
26		(7.5) if convicted of a sex offense as defined in the

SB3733 Engrossed - 1765 - LRB096 19592 AMC 34984 b
1		Sex Offender Management Board Act, the individual shall
2		undergo and successfully complete sex offender treatment
3		conducted in conformance with the standards developed by
4		the Sex Offender Management Board Act by a treatment
5		provider approved by the Board;
6		(7.6) if convicted of a sex offense as defined in the
7		Sex Offender Management Board Act, refrain from residing at
8		the same address or in the same condominium unit or
9		apartment unit or in the same condominium complex or
10		apartment complex with another person he or she knows or
11		reasonably should know is a convicted sex offender or has
12		been placed on supervision for a sex offense; the
13		provisions of this paragraph do not apply to a person
14		convicted of a sex offense who is placed in a Department of
15		Corrections licensed transitional housing facility for sex
16		offenders, or is in any facility operated or licensed by
17		the Department of Children and Family Services or by the
18		Department of Human Services, or is in any licensed medical
19		facility;
20		(7.7) if convicted for an offense that would qualify
21		the accused as a sexual predator under the Sex Offender
22		Registration Act on or after the effective date of this
23		amendatory Act of the 94th General Assembly, wear an
24		approved electronic monitoring device as defined in
25		Section 5-8A-2 for the duration of the person's parole,
26		mandatory supervised release term, or extended mandatory

SB3733 Engrossed - 1766 - LRB096 19592 AMC 34984 b
1		supervised release term and if convicted for an offense of
2		criminal sexual assault, aggravated criminal sexual
3		assault, predatory criminal sexual assault of a child,
4		criminal sexual abuse, aggravated criminal sexual abuse,
5		or ritualized abuse of a child committed on or after August
6		11, 2009 (the effective date of Public Act 96-236) this
7		amendatory Act of the 96th General Assembly when the victim
8		was under 18 years of age at the time of the commission of
9		the offense and the defendant used force or the threat of
10		force in the commission of the offense wear an approved
11		electronic monitoring device as defined in Section 5-8A-2
12		that has Global Positioning System (GPS) capability for the
13		duration of the person's parole, mandatory supervised
14		release term, or extended mandatory supervised release
15		term;
16		(7.8) if convicted for an offense committed on or after
17		the effective date of this amendatory Act of the 95th
18		General Assembly that would qualify the accused as a child
19		sex offender as defined in Section 11-9.3 or 11-9.4 of the
20		Criminal Code of 1961, refrain from communicating with or
21		contacting, by means of the Internet, a person who is not
22		related to the accused and whom the accused reasonably
23		believes to be under 18 years of age; for purposes of this
24		paragraph (7.8), "Internet" has the meaning ascribed to it
25		in Section 16J-5 of the Criminal Code of 1961; and a person
26		is not related to the accused if the person is not: (i) the

SB3733 Engrossed - 1767 - LRB096 19592 AMC 34984 b
1		spouse, brother, or sister of the accused; (ii) a
2		descendant of the accused; (iii) a first or second cousin
3		of the accused; or (iv) a step-child or adopted child of
4		the accused;
5		(7.9) if convicted under Section 11-6, 11-20.1,
6		11-20.3, or 11-21 of the Criminal Code of 1961, consent to
7		search of computers, PDAs, cellular phones, and other
8		devices under his or her control that are capable of
9		accessing the Internet or storing electronic files, in
10		order to confirm Internet protocol addresses reported in
11		accordance with the Sex Offender Registration Act and
12		compliance with conditions in this Act;
13		(7.10) if convicted for an offense that would qualify
14		the accused as a sex offender or sexual predator under the
15		Sex Offender Registration Act on or after the effective
16		date of this amendatory Act of the 95th General Assembly,
17		not possess prescription drugs for erectile dysfunction;
18		(7.11) if convicted for an offense under Section 11-6,
19		11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
20		Code of 1961, or any attempt to commit any of these
21		offenses, committed on or after June 1, 2009 (the effective
22		date of Public Act 95-983):
23		(i) not access or use a computer or any other
24		device with Internet capability without the prior
25		written approval of the Department;
26		(ii) submit to periodic unannounced examinations

SB3733 Engrossed - 1768 - LRB096 19592 AMC 34984 b
1		of the offender's computer or any other device with
2		Internet capability by the offender's supervising
3		agent, a law enforcement officer, or assigned computer
4		or information technology specialist, including the
5		retrieval and copying of all data from the computer or
6		device and any internal or external peripherals and
7		removal of such information, equipment, or device to
8		conduct a more thorough inspection;
9		(iii) submit to the installation on the offender's
10		computer or device with Internet capability, at the
11		offender's expense, of one or more hardware or software
12		systems to monitor the Internet use; and
13		(iv) submit to any other appropriate restrictions
14		concerning the offender's use of or access to a
15		computer or any other device with Internet capability
16		imposed by the Board, the Department or the offender's
17		supervising agent;
18		(7.12) if convicted of a sex offense as defined in the
19		Sex Offender Registration Act committed on or after January
20		1, 2010 (the effective date of Public Act 96-262) this
21		amendatory Act of the 96th General Assembly, refrain from
22		accessing or using a social networking website as defined
23		in Section 16D-2 of the Criminal Code of 1961;
24		(7.13) (7.12) if convicted of a sex offense as defined
25		in Section 2 of the Sex Offender Registration Act committed
26		on or after January 1, 2010 (the effective date of Public

SB3733 Engrossed - 1769 - LRB096 19592 AMC 34984 b
1		Act 96-362) this amendatory Act of the 96th General
2		Assembly that requires the person to register as a sex
3		offender under that Act, may not knowingly use any computer
4		scrub software on any computer that the sex offender uses;
5		(8) obtain permission of an agent of the Department of
6		Corrections before leaving the State of Illinois;
7		(9) obtain permission of an agent of the Department of
8		Corrections before changing his or her residence or
9		employment;
10		(10) consent to a search of his or her person,
11		property, or residence under his or her control;
12		(11) refrain from the use or possession of narcotics or
13		other controlled substances in any form, or both, or any
14		paraphernalia related to those substances and submit to a
15		urinalysis test as instructed by a parole agent of the
16		Department of Corrections;
17		(12) not frequent places where controlled substances
18		are illegally sold, used, distributed, or administered;
19		(13) not knowingly associate with other persons on
20		parole or mandatory supervised release without prior
21		written permission of his or her parole agent and not
22		associate with persons who are members of an organized gang
23		as that term is defined in the Illinois Streetgang
24		Terrorism Omnibus Prevention Act;
25		(14) provide true and accurate information, as it
26		relates to his or her adjustment in the community while on

SB3733 Engrossed - 1770 - LRB096 19592 AMC 34984 b
1		parole or mandatory supervised release or to his or her
2		conduct while incarcerated, in response to inquiries by his
3		or her parole agent or of the Department of Corrections;
4		(15) follow any specific instructions provided by the
5		parole agent that are consistent with furthering
6		conditions set and approved by the Prisoner Review Board or
7		by law, exclusive of placement on electronic detention, to
8		achieve the goals and objectives of his or her parole or
9		mandatory supervised release or to protect the public.
10		These instructions by the parole agent may be modified at
11		any time, as the agent deems appropriate;
12		(16) if convicted of a sex offense as defined in
13		subsection (a-5) of Section 3-1-2 of this Code, unless the
14		offender is a parent or guardian of the person under 18
15		years of age present in the home and no non-familial minors
16		are present, not participate in a holiday event involving
17		children under 18 years of age, such as distributing candy
18		or other items to children on Halloween, wearing a Santa
19		Claus costume on or preceding Christmas, being employed as
20		a department store Santa Claus, or wearing an Easter Bunny
21		costume on or preceding Easter; and
22		(17) if convicted of a violation of an order of
23		protection under Section 12-30 of the Criminal Code of
24		1961, be placed under electronic surveillance as provided
25		in Section 5-8A-7 of this Code.
26		(b) The Board may in addition to other conditions require

SB3733 Engrossed - 1771 - LRB096 19592 AMC 34984 b
1		that the subject:
2		(1) work or pursue a course of study or vocational
3		training;
4		(2) undergo medical or psychiatric treatment, or
5		treatment for drug addiction or alcoholism;
6		(3) attend or reside in a facility established for the
7		instruction or residence of persons on probation or parole;
8		(4) support his dependents;
9		(5) (blank);
10		(6) (blank);
11		(7) comply with the terms and conditions of an order of
12		protection issued pursuant to the Illinois Domestic
13		Violence Act of 1986, enacted by the 84th General Assembly,
14		or an order of protection issued by the court of another
15		state, tribe, or United States territory;
16		(7.5) if convicted for an offense committed on or after
17		the effective date of this amendatory Act of the 95th
18		General Assembly that would qualify the accused as a child
19		sex offender as defined in Section 11-9.3 or 11-9.4 of the
20		Criminal Code of 1961, refrain from communicating with or
21		contacting, by means of the Internet, a person who is
22		related to the accused and whom the accused reasonably
23		believes to be under 18 years of age; for purposes of this
24		paragraph (7.5), "Internet" has the meaning ascribed to it
25		in Section 16J-5 of the Criminal Code of 1961; and a person
26		is related to the accused if the person is: (i) the spouse,

SB3733 Engrossed - 1772 - LRB096 19592 AMC 34984 b
1		brother, or sister of the accused; (ii) a descendant of the
2		accused; (iii) a first or second cousin of the accused; or
3		(iv) a step-child or adopted child of the accused;
4		(7.6) if convicted for an offense committed on or after
5		June 1, 2009 (the effective date of Public Act 95-983) that
6		would qualify as a sex offense as defined in the Sex
7		Offender Registration Act:
8		(i) not access or use a computer or any other
9		device with Internet capability without the prior
10		written approval of the Department;
11		(ii) submit to periodic unannounced examinations
12		of the offender's computer or any other device with
13		Internet capability by the offender's supervising
14		agent, a law enforcement officer, or assigned computer
15		or information technology specialist, including the
16		retrieval and copying of all data from the computer or
17		device and any internal or external peripherals and
18		removal of such information, equipment, or device to
19		conduct a more thorough inspection;
20		(iii) submit to the installation on the offender's
21		computer or device with Internet capability, at the
22		offender's expense, of one or more hardware or software
23		systems to monitor the Internet use; and
24		(iv) submit to any other appropriate restrictions
25		concerning the offender's use of or access to a
26		computer or any other device with Internet capability

SB3733 Engrossed - 1773 - LRB096 19592 AMC 34984 b
1		imposed by the Board, the Department or the offender's
2		supervising agent; and
3		(8) in addition, if a minor:
4		(i) reside with his parents or in a foster home;
5		(ii) attend school;
6		(iii) attend a non-residential program for youth;
7		or
8		(iv) contribute to his own support at home or in a
9		foster home.
10		(b-1) In addition to the conditions set forth in
11		subsections (a) and (b), persons required to register as sex
12		offenders pursuant to the Sex Offender Registration Act, upon
13		release from the custody of the Illinois Department of
14		Corrections, may be required by the Board to comply with the
15		following specific conditions of release:
16		(1) reside only at a Department approved location;
17		(2) comply with all requirements of the Sex Offender
18		Registration Act;
19		(3) notify third parties of the risks that may be
20		occasioned by his or her criminal record;
21		(4) obtain the approval of an agent of the Department
22		of Corrections prior to accepting employment or pursuing a
23		course of study or vocational training and notify the
24		Department prior to any change in employment, study, or
25		training;
26		(5) not be employed or participate in any volunteer

SB3733 Engrossed - 1774 - LRB096 19592 AMC 34984 b
1		activity that involves contact with children, except under
2		circumstances approved in advance and in writing by an
3		agent of the Department of Corrections;
4		(6) be electronically monitored for a minimum of 12
5		months from the date of release as determined by the Board;
6		(7) refrain from entering into a designated geographic
7		area except upon terms approved in advance by an agent of
8		the Department of Corrections. The terms may include
9		consideration of the purpose of the entry, the time of day,
10		and others accompanying the person;
11		(8) refrain from having any contact, including written
12		or oral communications, directly or indirectly, personally
13		or by telephone, letter, or through a third party with
14		certain specified persons including, but not limited to,
15		the victim or the victim's family without the prior written
16		approval of an agent of the Department of Corrections;
17		(9) refrain from all contact, directly or indirectly,
18		personally, by telephone, letter, or through a third party,
19		with minor children without prior identification and
20		approval of an agent of the Department of Corrections;
21		(10) neither possess or have under his or her control
22		any material that is sexually oriented, sexually
23		stimulating, or that shows male or female sex organs or any
24		pictures depicting children under 18 years of age nude or
25		any written or audio material describing sexual
26		intercourse or that depicts or alludes to sexual activity,

SB3733 Engrossed - 1775 - LRB096 19592 AMC 34984 b
1		including but not limited to visual, auditory, telephonic,
2		or electronic media, or any matter obtained through access
3		to any computer or material linked to computer access use;
4		(11) not patronize any business providing sexually
5		stimulating or sexually oriented entertainment nor utilize
6		"900" or adult telephone numbers;
7		(12) not reside near, visit, or be in or about parks,
8		schools, day care centers, swimming pools, beaches,
9		theaters, or any other places where minor children
10		congregate without advance approval of an agent of the
11		Department of Corrections and immediately report any
12		incidental contact with minor children to the Department;
13		(13) not possess or have under his or her control
14		certain specified items of contraband related to the
15		incidence of sexually offending as determined by an agent
16		of the Department of Corrections;
17		(14) may be required to provide a written daily log of
18		activities if directed by an agent of the Department of
19		Corrections;
20		(15) comply with all other special conditions that the
21		Department may impose that restrict the person from
22		high-risk situations and limit access to potential
23		victims;
24		(16) take an annual polygraph exam;
25		(17) maintain a log of his or her travel; or
26		(18) obtain prior approval of his or her parole officer

SB3733 Engrossed - 1776 - LRB096 19592 AMC 34984 b
1		before driving alone in a motor vehicle.
2		(c) The conditions under which the parole or mandatory
3		supervised release is to be served shall be communicated to the
4		person in writing prior to his release, and he shall sign the
5		same before release. A signed copy of these conditions,
6		including a copy of an order of protection where one had been
7		issued by the criminal court, shall be retained by the person
8		and another copy forwarded to the officer in charge of his
9		supervision.
10		(d) After a hearing under Section 3-3-9, the Prisoner
11		Review Board may modify or enlarge the conditions of parole or
12		mandatory supervised release.
13		(e) The Department shall inform all offenders committed to
14		the Department of the optional services available to them upon
15		release and shall assist inmates in availing themselves of such
16		optional services upon their release on a voluntary basis.
17		(f) When the subject is in compliance with all conditions
18		of his or her parole or mandatory supervised release, the
19		subject shall receive a reduction of the period of his or her
20		parole or mandatory supervised release of 90 days upon passage
21		of the high school level Test of General Educational
22		Development during the period of his or her parole or mandatory
23		supervised release. This reduction in the period of a subject's
24		term of parole or mandatory supervised release shall be
25		available only to subjects who have not previously earned a
26		high school diploma or who have not previously passed the high

SB3733 Engrossed - 1777 - LRB096 19592 AMC 34984 b
1		school level Test of General Educational Development.
2		(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,
3		eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
4		eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
5		96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
6		revised 9-25-09.)
7		(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
8		Sec. 5-4-3. Persons convicted of, or found delinquent for,
9		certain offenses or institutionalized as sexually dangerous;
10		specimens; genetic marker groups.
11		(a) Any person convicted of, found guilty under the
12		Juvenile Court Act of 1987 for, or who received a disposition
13		of court supervision for, a qualifying offense or attempt of a
14		qualifying offense, convicted or found guilty of any offense
15		classified as a felony under Illinois law, convicted or found
16		guilty of any offense requiring registration under the Sex
17		Offender Registration Act, found guilty or given supervision
18		for any offense classified as a felony under the Juvenile Court
19		Act of 1987, convicted or found guilty of, under the Juvenile
20		Court Act of 1987, any offense requiring registration under the
21		Sex Offender Registration Act, or institutionalized as a
22		sexually dangerous person under the Sexually Dangerous Persons
23		Act, or committed as a sexually violent person under the
24		Sexually Violent Persons Commitment Act shall, regardless of
25		the sentence or disposition imposed, be required to submit

SB3733 Engrossed - 1778 - LRB096 19592 AMC 34984 b
1		specimens of blood, saliva, or tissue to the Illinois
2		Department of State Police in accordance with the provisions of
3		this Section, provided such person is:
4		(1) convicted of a qualifying offense or attempt of a
5		qualifying offense on or after July 1, 1990 and sentenced
6		to a term of imprisonment, periodic imprisonment, fine,
7		probation, conditional discharge or any other form of
8		sentence, or given a disposition of court supervision for
9		the offense;
10		(1.5) found guilty or given supervision under the
11		Juvenile Court Act of 1987 for a qualifying offense or
12		attempt of a qualifying offense on or after January 1,
13		1997;
14		(2) ordered institutionalized as a sexually dangerous
15		person on or after July 1, 1990;
16		(3) convicted of a qualifying offense or attempt of a
17		qualifying offense before July 1, 1990 and is presently
18		confined as a result of such conviction in any State
19		correctional facility or county jail or is presently
20		serving a sentence of probation, conditional discharge or
21		periodic imprisonment as a result of such conviction;
22		(3.5) convicted or found guilty of any offense
23		classified as a felony under Illinois law or found guilty
24		or given supervision for such an offense under the Juvenile
25		Court Act of 1987 on or after August 22, 2002;
26		(4) presently institutionalized as a sexually

SB3733 Engrossed - 1779 - LRB096 19592 AMC 34984 b
1		dangerous person or presently institutionalized as a
2		person found guilty but mentally ill of a sexual offense or
3		attempt to commit a sexual offense;
4		(4.5) ordered committed as a sexually violent person on
5		or after the effective date of the Sexually Violent Persons
6		Commitment Act; or
7		(5) seeking transfer to or residency in Illinois under
8		Sections 3-3-11.05 through 3-3-11.5 of the Unified Code of
9		Corrections and the Interstate Compact for Adult Offender
10		Supervision or the Interstate Agreements on Sexually
11		Dangerous Persons Act.
12		Notwithstanding other provisions of this Section, any
13		person incarcerated in a facility of the Illinois Department of
14		Corrections or the Illinois Department of Juvenile Justice on
15		or after August 22, 2002, whether for a term of years, natural
16		life, or a sentence of death, who has not yet submitted a
17		sample of blood, saliva, or tissue shall be required to submit
18		a specimen of blood, saliva, or tissue prior to his or her
19		final discharge, or release on parole or mandatory supervised
20		release, as a condition of his or her parole or mandatory
21		supervised release, or within 6 months from August 13, 2009
22		(the effective date of Public Act 96-426) the effective date of
23		this amendatory Act of the 96th General Assembly, whichever is
24		sooner. A person Persons incarcerated on or after August 13,
25		2009 (the effective date of Public Act 96-426) the effective
26		date of this amendatory Act of the 96th General Assembly shall

SB3733 Engrossed - 1780 - LRB096 19592 AMC 34984 b
1		be required to submit a sample within 45 days of incarceration,
2		or prior to his or her final discharge, or release on parole or
3		mandatory supervised release, as a condition of his or her
4		parole or mandatory supervised release, whichever is sooner.
5		These specimens shall be placed into the State or national DNA
6		database, to be used in accordance with other provisions of
7		this Section, by the Illinois State Police.
8		Notwithstanding other provisions of this Section, any
9		person sentenced to life imprisonment in a facility of the
10		Illinois Department of Corrections after the effective date of
11		this amendatory Act of the 94th General Assembly or sentenced
12		to death after the effective date of this amendatory Act of the
13		94th General Assembly shall be required to provide a specimen
14		of blood, saliva, or tissue within 45 days after sentencing or
15		disposition at a collection site designated by the Illinois
16		Department of State Police. Any person serving a sentence of
17		life imprisonment in a facility of the Illinois Department of
18		Corrections on the effective date of this amendatory Act of the
19		94th General Assembly or any person who is under a sentence of
20		death on the effective date of this amendatory Act of the 94th
21		General Assembly shall be required to provide a specimen of
22		blood, saliva, or tissue upon request at a collection site
23		designated by the Illinois Department of State Police.
24		(a-5) Any person who was otherwise convicted of or received
25		a disposition of court supervision for any other offense under
26		the Criminal Code of 1961 or who was found guilty or given

SB3733 Engrossed - 1781 - LRB096 19592 AMC 34984 b
1		supervision for such a violation under the Juvenile Court Act
2		of 1987, may, regardless of the sentence imposed, be required
3		by an order of the court to submit specimens of blood, saliva,
4		or tissue to the Illinois Department of State Police in
5		accordance with the provisions of this Section.
6		(b) Any person required by paragraphs (a)(1), (a)(1.5),
7		(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
8		saliva, or tissue shall provide specimens of blood, saliva, or
9		tissue within 45 days after sentencing or disposition at a
10		collection site designated by the Illinois Department of State
11		Police.
12		(c) Any person required by paragraphs (a)(3), (a)(4), and
13		(a)(4.5) to provide specimens of blood, saliva, or tissue shall
14		be required to provide such samples prior to final discharge or
15		within 6 months from August 13, 2009 (the effective date of
16		Public Act 96-426) the effective date of this amendatory Act of
17		the 96th General Assembly, whichever is sooner. These specimens
18		shall be placed into the State or national DNA database, to be
19		used in accordance with other provisions of this Act, by the
20		Illinois State Police.
21		(c-5) Any person required by paragraph (a)(5) to provide
22		specimens of blood, saliva, or tissue shall, where feasible, be
23		required to provide the specimens before being accepted for
24		conditioned residency in Illinois under the interstate compact
25		or agreement, but no later than 45 days after arrival in this
26		State.

SB3733 Engrossed - 1782 - LRB096 19592 AMC 34984 b
1		(c-6) The Illinois Department of State Police may determine
2		which type of specimen or specimens, blood, saliva, or tissue,
3		is acceptable for submission to the Division of Forensic
4		Services for analysis.
5		(d) The Illinois Department of State Police shall provide
6		all equipment and instructions necessary for the collection of
7		blood samples. The collection of samples shall be performed in
8		a medically approved manner. Only a physician authorized to
9		practice medicine, a registered nurse or other qualified person
10		trained in venipuncture may withdraw blood for the purposes of
11		this Act. The samples shall thereafter be forwarded to the
12		Illinois Department of State Police, Division of Forensic
13		Services, for analysis and categorizing into genetic marker
14		groupings.
15		(d-1) The Illinois Department of State Police shall provide
16		all equipment and instructions necessary for the collection of
17		saliva samples. The collection of saliva samples shall be
18		performed in a medically approved manner. Only a person trained
19		in the instructions promulgated by the Illinois State Police on
20		collecting saliva may collect saliva for the purposes of this
21		Section. The samples shall thereafter be forwarded to the
22		Illinois Department of State Police, Division of Forensic
23		Services, for analysis and categorizing into genetic marker
24		groupings.
25		(d-2) The Illinois Department of State Police shall provide
26		all equipment and instructions necessary for the collection of

SB3733 Engrossed - 1783 - LRB096 19592 AMC 34984 b
1		tissue samples. The collection of tissue samples shall be
2		performed in a medically approved manner. Only a person trained
3		in the instructions promulgated by the Illinois State Police on
4		collecting tissue may collect tissue for the purposes of this
5		Section. The samples shall thereafter be forwarded to the
6		Illinois Department of State Police, Division of Forensic
7		Services, for analysis and categorizing into genetic marker
8		groupings.
9		(d-5) To the extent that funds are available, the Illinois
10		Department of State Police shall contract with qualified
11		personnel and certified laboratories for the collection,
12		analysis, and categorization of known samples, except as
13		provided in subsection (n) of this Section.
14		(d-6) Agencies designated by the Illinois Department of
15		State Police and the Illinois Department of State Police may
16		contract with third parties to provide for the collection or
17		analysis of DNA, or both, of an offender's blood, saliva, and
18		tissue samples, except as provided in subsection (n) of this
19		Section.
20		(e) The genetic marker groupings shall be maintained by the
21		Illinois Department of State Police, Division of Forensic
22		Services.
23		(f) The genetic marker grouping analysis information
24		obtained pursuant to this Act shall be confidential and shall
25		be released only to peace officers of the United States, of
26		other states or territories, of the insular possessions of the

SB3733 Engrossed - 1784 - LRB096 19592 AMC 34984 b
1		United States, of foreign countries duly authorized to receive
2		the same, to all peace officers of the State of Illinois and to
3		all prosecutorial agencies, and to defense counsel as provided
4		by Section 116-5 of the Code of Criminal Procedure of 1963. The
5		genetic marker grouping analysis information obtained pursuant
6		to this Act shall be used only for (i) valid law enforcement
7		identification purposes and as required by the Federal Bureau
8		of Investigation for participation in the National DNA
9		database, (ii) technology validation purposes, (iii) a
10		population statistics database, (iv) quality assurance
11		purposes if personally identifying information is removed, (v)
12		assisting in the defense of the criminally accused pursuant to
13		Section 116-5 of the Code of Criminal Procedure of 1963, or
14		(vi) identifying and assisting in the prosecution of a person
15		who is suspected of committing a sexual assault as defined in
16		Section 1a of the Sexual Assault Survivors Emergency Treatment
17		Act. Notwithstanding any other statutory provision to the
18		contrary, all information obtained under this Section shall be
19		maintained in a single State data base, which may be uploaded
20		into a national database, and which information may be subject
21		to expungement only as set forth in subsection (f-1).
22		(f-1) Upon receipt of notification of a reversal of a
23		conviction based on actual innocence, or of the granting of a
24		pardon pursuant to Section 12 of Article V of the Illinois
25		Constitution, if that pardon document specifically states that
26		the reason for the pardon is the actual innocence of an

SB3733 Engrossed - 1785 - LRB096 19592 AMC 34984 b
1		individual whose DNA record has been stored in the State or
2		national DNA identification index in accordance with this
3		Section by the Illinois Department of State Police, the DNA
4		record shall be expunged from the DNA identification index, and
5		the Department shall by rule prescribe procedures to ensure
6		that the record and any samples, analyses, or other documents
7		relating to such record, whether in the possession of the
8		Department or any law enforcement or police agency, or any
9		forensic DNA laboratory, including any duplicates or copies
10		thereof, are destroyed and a letter is sent to the court
11		verifying the expungement is completed.
12		(f-5) Any person who intentionally uses genetic marker
13		grouping analysis information, or any other information
14		derived from a DNA sample, beyond the authorized uses as
15		provided under this Section, or any other Illinois law, is
16		guilty of a Class 4 felony, and shall be subject to a fine of
17		not less than $5,000.
18		(f-6) The Illinois Department of State Police may contract
19		with third parties for the purposes of implementing this
20		amendatory Act of the 93rd General Assembly, except as provided
21		in subsection (n) of this Section. Any other party contracting
22		to carry out the functions of this Section shall be subject to
23		the same restrictions and requirements of this Section insofar
24		as applicable, as the Illinois Department of State Police, and
25		to any additional restrictions imposed by the Illinois
26		Department of State Police.

SB3733 Engrossed - 1786 - LRB096 19592 AMC 34984 b
1		(g) For the purposes of this Section, "qualifying offense"
2		means any of the following:
3		(1) any violation or inchoate violation of Section
4		11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
5		Criminal Code of 1961;
6		(1.1) any violation or inchoate violation of Section
7		9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
8		18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which
9		persons are convicted on or after July 1, 2001;
10		(2) any former statute of this State which defined a
11		felony sexual offense;
12		(3) (blank);
13		(4) any inchoate violation of Section 9-3.1, 11-9.3,
14		12-7.3, or 12-7.4 of the Criminal Code of 1961; or
15		(5) any violation or inchoate violation of Article 29D
16		of the Criminal Code of 1961.
17		(g-5) (Blank).
18		(h) The Illinois Department of State Police shall be the
19		State central repository for all genetic marker grouping
20		analysis information obtained pursuant to this Act. The
21		Illinois Department of State Police may promulgate rules for
22		the form and manner of the collection of blood, saliva, or
23		tissue samples and other procedures for the operation of this
24		Act. The provisions of the Administrative Review Law shall
25		apply to all actions taken under the rules so promulgated.
26		(i) (1) A person required to provide a blood, saliva, or

SB3733 Engrossed - 1787 - LRB096 19592 AMC 34984 b
1		tissue specimen shall cooperate with the collection of the
2		specimen and any deliberate act by that person intended to
3		impede, delay or stop the collection of the blood, saliva,
4		or tissue specimen is a Class A misdemeanor.
5		(2) In the event that a person's DNA sample is not
6		adequate for any reason, the person shall provide another
7		DNA sample for analysis. Duly authorized law enforcement
8		and corrections personnel may employ reasonable force in
9		cases in which an individual refuses to provide a DNA
10		sample required under this Act.
11		(j) Any person required by subsection (a) to submit
12		specimens of blood, saliva, or tissue to the Illinois
13		Department of State Police for analysis and categorization into
14		genetic marker grouping, in addition to any other disposition,
15		penalty, or fine imposed, shall pay an analysis fee of $200. If
16		the analysis fee is not paid at the time of sentencing, the
17		court shall establish a fee schedule by which the entire amount
18		of the analysis fee shall be paid in full, such schedule not to
19		exceed 24 months from the time of conviction. The inability to
20		pay this analysis fee shall not be the sole ground to
21		incarcerate the person.
22		(k) All analysis and categorization fees provided for by
23		subsection (j) shall be regulated as follows:
24		(1) The State Offender DNA Identification System Fund
25		is hereby created as a special fund in the State Treasury.
26		(2) All fees shall be collected by the clerk of the

SB3733 Engrossed - 1788 - LRB096 19592 AMC 34984 b
1		court and forwarded to the State Offender DNA
2		Identification System Fund for deposit. The clerk of the
3		circuit court may retain the amount of $10 from each
4		collected analysis fee to offset administrative costs
5		incurred in carrying out the clerk's responsibilities
6		under this Section.
7		(3) Fees deposited into the State Offender DNA
8		Identification System Fund shall be used by Illinois State
9		Police crime laboratories as designated by the Director of
10		State Police. These funds shall be in addition to any
11		allocations made pursuant to existing laws and shall be
12		designated for the exclusive use of State crime
13		laboratories. These uses may include, but are not limited
14		to, the following:
15		(A) Costs incurred in providing analysis and
16		genetic marker categorization as required by
17		subsection (d).
18		(B) Costs incurred in maintaining genetic marker
19		groupings as required by subsection (e).
20		(C) Costs incurred in the purchase and maintenance
21		of equipment for use in performing analyses.
22		(D) Costs incurred in continuing research and
23		development of new techniques for analysis and genetic
24		marker categorization.
25		(E) Costs incurred in continuing education,
26		training, and professional development of forensic

SB3733 Engrossed - 1789 - LRB096 19592 AMC 34984 b
1		scientists regularly employed by these laboratories.
2		(l) The failure of a person to provide a specimen, or of
3		any person or agency to collect a specimen, within the 45 day
4		period shall in no way alter the obligation of the person to
5		submit such specimen, or the authority of the Illinois
6		Department of State Police or persons designated by the
7		Department to collect the specimen, or the authority of the
8		Illinois Department of State Police to accept, analyze and
9		maintain the specimen or to maintain or upload results of
10		genetic marker grouping analysis information into a State or
11		national database.
12		(m) If any provision of this amendatory Act of the 93rd
13		General Assembly is held unconstitutional or otherwise
14		invalid, the remainder of this amendatory Act of the 93rd
15		General Assembly is not affected.
16		(n) Neither the Department of State Police, the Division of
17		Forensic Services, nor any laboratory of the Division of
18		Forensic Services may contract out forensic testing for the
19		purpose of an active investigation or a matter pending before a
20		court of competent jurisdiction without the written consent of
21		the prosecuting agency. For the purposes of this subsection
22		(n), "forensic testing" includes the analysis of physical
23		evidence in an investigation or other proceeding for the
24		prosecution of a violation of the Criminal Code of 1961 or for
25		matters adjudicated under the Juvenile Court Act of 1987, and
26		includes the use of forensic databases and databanks, including

SB3733 Engrossed - 1790 - LRB096 19592 AMC 34984 b
1		DNA, firearm, and fingerprint databases, and expert testimony.
2		(Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09;
3		revised 9-15-09.)
4		(730 ILCS 5/5-4.5-15)
5		Sec. 5-4.5-15. DISPOSITIONS.
6		(a) APPROPRIATE DISPOSITIONS. The following are
7		appropriate dispositions, alone or in combination, for all
8		felonies and misdemeanors other than as provided in Section
9		5-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the
10		statute defining the offense or elsewhere:
11		(1) A period of probation.
12		(2) A term of periodic imprisonment.
13		(3) A term of conditional discharge.
14		(4) A term of imprisonment.
15		(5) A fine.
16		(6) Restitution to the victim.
17		(7) Participation in an impact incarceration program.
18		(8) A term of imprisonment in combination with a term
19		of probation when the offender has been admitted into a
20		drug court program.
21		(9) If the defendant is convicted of arson, aggravated
22		arson, residential arson, or place of worship arson, an
23		order directing the offender to reimburse the local
24		emergency response department for the costs of responding
25		to the fire that the offender was convicted of setting in

SB3733 Engrossed - 1791 - LRB096 19592 AMC 34984 b
1		accordance with the Emergency Services Response
2		Reimbursement for Criminal Convictions Act.
3		(b) FINE; RESTITUTION; NOT SOLE DISPOSITION. Neither a fine
4		nor restitution shall be the sole disposition for a felony, and
5		either or both may be imposed only in conjunction with another
6		disposition.
7		(c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a
8		term of natural life is imposed, every sentence includes a term
9		in addition to the term of imprisonment. For those sentenced
10		under the law in effect before February 1, 1978, that term is a
11		parole term. For those sentenced on or after February 1, 1978,
12		that term is a mandatory supervised release term.
13		(Source: P.A. 95-1052, eff. 7-1-09; incorporates P.A. 96-400,
14		eff. 8-13-09; revised 9-25-09.)
15		(730 ILCS 5/5-4.5-100)
16		Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.
17		(a) COMMENCEMENT. A sentence of imprisonment shall
18		commence on the date on which the offender is received by the
19		Department or the institution at which the sentence is to be
20		served.
21		(b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set
22		forth in subsection (e), the The offender shall be given credit
23		on the determinate sentence or maximum term and the minimum
24		period of imprisonment for time spent in custody as a result of
25		the offense for which the sentence was imposed, at the rate

SB3733 Engrossed - 1792 - LRB096 19592 AMC 34984 b
1		specified in Section 3-6-3 (730 ILCS 5/3-6-3). Except when
2		prohibited by subsection (d), the trial court may give credit
3		to the defendant for time spent in home detention, or when the
4		defendant has been confined for psychiatric or substance abuse
5		treatment prior to judgment, if the court finds that the
6		detention or confinement was custodial.
7		(c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender
8		arrested on one charge and prosecuted on another charge for
9		conduct that occurred prior to his or her arrest shall be given
10		credit on the determinate sentence or maximum term and the
11		minimum term of imprisonment for time spent in custody under
12		the former charge not credited against another sentence.
13		(d) NO CREDIT; SOME HOME DETENTION. An offender sentenced
14		to a term of imprisonment for an offense listed in paragraph
15		(2) of subsection (c) of Section 5-5-3 (730 ILCS 5/5-5-3) or in
16		paragraph (3) of subsection (c-1) of Section 11-501 of the
17		Illinois Vehicle Code (625 ILCS 5/11-501) shall not receive
18		credit for time spent in home detention prior to judgment.
19		(e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED
20		RELEASE, OR PROBATION. An offender charged with the commission
21		of an offense committed while on parole, mandatory supervised
22		release, or probation shall not be given credit for time spent
23		in custody under subsection (b) for that offense for any time
24		spent in custody as a result of a revocation of parole,
25		mandatory supervised release, or probation where such
26		revocation is based on a sentence imposed for a previous

SB3733 Engrossed - 1793 - LRB096 19592 AMC 34984 b
1		conviction, regardless of the facts upon which the revocation
2		of parole, mandatory supervised release, or probation is based,
3		unless both the State and the defendant agree that the time
4		served for a violation of mandatory supervised release, parole,
5		or probation shall be credited towards the sentence for the
6		current offense.
7		(Source: P.A. 95-1052, eff. 7-1-09; incorporates 96-427, eff.
8		8-13-09; revised 9-15-09.)
9		(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
10		(Text of Section before amendment by P.A. 96-339)
11		Sec. 5-5-3.2. Factors in Aggravation.
12		(a) The following factors shall be accorded weight in favor
13		of imposing a term of imprisonment or may be considered by the
14		court as reasons to impose a more severe sentence under Section
15		5-8-1 or Article 4.5 of Chapter V:
16		(1) the defendant's conduct caused or threatened
17		serious harm;
18		(2) the defendant received compensation for committing
19		the offense;
20		(3) the defendant has a history of prior delinquency or
21		criminal activity;
22		(4) the defendant, by the duties of his office or by
23		his position, was obliged to prevent the particular offense
24		committed or to bring the offenders committing it to
25		justice;

SB3733 Engrossed - 1794 - LRB096 19592 AMC 34984 b
1		(5) the defendant held public office at the time of the
2		offense, and the offense related to the conduct of that
3		office;
4		(6) the defendant utilized his professional reputation
5		or position in the community to commit the offense, or to
6		afford him an easier means of committing it;
7		(7) the sentence is necessary to deter others from
8		committing the same crime;
9		(8) the defendant committed the offense against a
10		person 60 years of age or older or such person's property;
11		(9) the defendant committed the offense against a
12		person who is physically handicapped or such person's
13		property;
14		(10) by reason of another individual's actual or
15		perceived race, color, creed, religion, ancestry, gender,
16		sexual orientation, physical or mental disability, or
17		national origin, the defendant committed the offense
18		against (i) the person or property of that individual; (ii)
19		the person or property of a person who has an association
20		with, is married to, or has a friendship with the other
21		individual; or (iii) the person or property of a relative
22		(by blood or marriage) of a person described in clause (i)
23		or (ii). For the purposes of this Section, "sexual
24		orientation" means heterosexuality, homosexuality, or
25		bisexuality;
26		(11) the offense took place in a place of worship or on

SB3733 Engrossed - 1795 - LRB096 19592 AMC 34984 b
1		the grounds of a place of worship, immediately prior to,
2		during or immediately following worship services. For
3		purposes of this subparagraph, "place of worship" shall
4		mean any church, synagogue or other building, structure or
5		place used primarily for religious worship;
6		(12) the defendant was convicted of a felony committed
7		while he was released on bail or his own recognizance
8		pending trial for a prior felony and was convicted of such
9		prior felony, or the defendant was convicted of a felony
10		committed while he was serving a period of probation,
11		conditional discharge, or mandatory supervised release
12		under subsection (d) of Section 5-8-1 for a prior felony;
13		(13) the defendant committed or attempted to commit a
14		felony while he was wearing a bulletproof vest. For the
15		purposes of this paragraph (13), a bulletproof vest is any
16		device which is designed for the purpose of protecting the
17		wearer from bullets, shot or other lethal projectiles;
18		(14) the defendant held a position of trust or
19		supervision such as, but not limited to, family member as
20		defined in Section 12-12 of the Criminal Code of 1961,
21		teacher, scout leader, baby sitter, or day care worker, in
22		relation to a victim under 18 years of age, and the
23		defendant committed an offense in violation of Section
24		11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
25		12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
26		against that victim;

SB3733 Engrossed - 1796 - LRB096 19592 AMC 34984 b
1		(15) the defendant committed an offense related to the
2		activities of an organized gang. For the purposes of this
3		factor, "organized gang" has the meaning ascribed to it in
4		Section 10 of the Streetgang Terrorism Omnibus Prevention
5		Act;
6		(16) the defendant committed an offense in violation of
7		one of the following Sections while in a school, regardless
8		of the time of day or time of year; on any conveyance
9		owned, leased, or contracted by a school to transport
10		students to or from school or a school related activity; on
11		the real property of a school; or on a public way within
12		1,000 feet of the real property comprising any school:
13		Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
14		11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
15		12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
16		33A-2 of the Criminal Code of 1961;
17		(16.5) the defendant committed an offense in violation
18		of one of the following Sections while in a day care
19		center, regardless of the time of day or time of year; on
20		the real property of a day care center, regardless of the
21		time of day or time of year; or on a public way within
22		1,000 feet of the real property comprising any day care
23		center, regardless of the time of day or time of year:
24		Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
25		11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
26		12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or

SB3733 Engrossed - 1797 - LRB096 19592 AMC 34984 b
1		33A-2 of the Criminal Code of 1961;
2		(17) the defendant committed the offense by reason of
3		any person's activity as a community policing volunteer or
4		to prevent any person from engaging in activity as a
5		community policing volunteer. For the purpose of this
6		Section, "community policing volunteer" has the meaning
7		ascribed to it in Section 2-3.5 of the Criminal Code of
8		1961;
9		(18) the defendant committed the offense in a nursing
10		home or on the real property comprising a nursing home. For
11		the purposes of this paragraph (18), "nursing home" means a
12		skilled nursing or intermediate long term care facility
13		that is subject to license by the Illinois Department of
14		Public Health under the Nursing Home Care Act;
15		(19) the defendant was a federally licensed firearm
16		dealer and was previously convicted of a violation of
17		subsection (a) of Section 3 of the Firearm Owners
18		Identification Card Act and has now committed either a
19		felony violation of the Firearm Owners Identification Card
20		Act or an act of armed violence while armed with a firearm;
21		(20) the defendant (i) committed the offense of
22		reckless homicide under Section 9-3 of the Criminal Code of
23		1961 or the offense of driving under the influence of
24		alcohol, other drug or drugs, intoxicating compound or
25		compounds or any combination thereof under Section 11-501
26		of the Illinois Vehicle Code or a similar provision of a

SB3733 Engrossed - 1798 - LRB096 19592 AMC 34984 b
1		local ordinance and (ii) was operating a motor vehicle in
2		excess of 20 miles per hour over the posted speed limit as
3		provided in Article VI of Chapter 11 of the Illinois
4		Vehicle Code;
5		(21) the defendant (i) committed the offense of
6		reckless driving or aggravated reckless driving under
7		Section 11-503 of the Illinois Vehicle Code and (ii) was
8		operating a motor vehicle in excess of 20 miles per hour
9		over the posted speed limit as provided in Article VI of
10		Chapter 11 of the Illinois Vehicle Code;
11		(22) the defendant committed the offense against a
12		person that the defendant knew, or reasonably should have
13		known, was a member of the Armed Forces of the United
14		States serving on active duty. For purposes of this clause
15		(22), the term "Armed Forces" means any of the Armed Forces
16		of the United States, including a member of any reserve
17		component thereof or National Guard unit called to active
18		duty;
19		(23) the defendant committed the offense against a
20		person who was elderly, disabled, or infirm by taking
21		advantage of a family or fiduciary relationship with the
22		elderly, disabled, or infirm person; or
23		(24) the defendant committed any offense under Section
24		11-20.1 of the Criminal Code of 1961 and possessed 100 or
25		more images; or
26		(25) the defendant committed the offense while the

SB3733 Engrossed - 1799 - LRB096 19592 AMC 34984 b
1		defendant or the victim was in a train, bus, or other
2		vehicle used for public transportation; or .
3		(26) (25) the defendant committed the offense of child
4		pornography or aggravated child pornography, specifically
5		including paragraph (1), (2), (3), (4), (5), or (7) of
6		subsection (a) of Section 11-20.1 of the Criminal Code of
7		1961 where a child engaged in, solicited for, depicted in,
8		or posed in any act of sexual penetration or bound,
9		fettered, or subject to sadistic, masochistic, or
10		sadomasochistic abuse in a sexual context and specifically
11		including paragraph (1), (2), (3), (4), (5), or (7) of
12		subsection (a) of Section 11-20.3 of the Criminal Code of
13		1961 where a child engaged in, solicited for, depicted in,
14		or posed in any act of sexual penetration or bound,
15		fettered, or subject to sadistic, masochistic, or
16		sadomasochistic abuse in a sexual context.
17		For the purposes of this Section:
18		"School" is defined as a public or private elementary or
19		secondary school, community college, college, or university.
20		"Day care center" means a public or private State certified
21		and licensed day care center as defined in Section 2.09 of the
22		Child Care Act of 1969 that displays a sign in plain view
23		stating that the property is a day care center.
24		"Public transportation" means the transportation or
25		conveyance of persons by means available to the general public,
26		and includes paratransit services.

SB3733 Engrossed - 1800 - LRB096 19592 AMC 34984 b
1		(b) The following factors, related to all felonies, may be
2		considered by the court as reasons to impose an extended term
3		sentence under Section 5-8-2 upon any offender:
4		(1) When a defendant is convicted of any felony, after
5		having been previously convicted in Illinois or any other
6		jurisdiction of the same or similar class felony or greater
7		class felony, when such conviction has occurred within 10
8		years after the previous conviction, excluding time spent
9		in custody, and such charges are separately brought and
10		tried and arise out of different series of acts; or
11		(2) When a defendant is convicted of any felony and the
12		court finds that the offense was accompanied by
13		exceptionally brutal or heinous behavior indicative of
14		wanton cruelty; or
15		(3) When a defendant is convicted of any felony
16		committed against:
17		(i) a person under 12 years of age at the time of
18		the offense or such person's property;
19		(ii) a person 60 years of age or older at the time
20		of the offense or such person's property; or
21		(iii) a person physically handicapped at the time
22		of the offense or such person's property; or
23		(4) When a defendant is convicted of any felony and the
24		offense involved any of the following types of specific
25		misconduct committed as part of a ceremony, rite,
26		initiation, observance, performance, practice or activity

SB3733 Engrossed - 1801 - LRB096 19592 AMC 34984 b
1		of any actual or ostensible religious, fraternal, or social
2		group:
3		(i) the brutalizing or torturing of humans or
4		animals;
5		(ii) the theft of human corpses;
6		(iii) the kidnapping of humans;
7		(iv) the desecration of any cemetery, religious,
8		fraternal, business, governmental, educational, or
9		other building or property; or
10		(v) ritualized abuse of a child; or
11		(5) When a defendant is convicted of a felony other
12		than conspiracy and the court finds that the felony was
13		committed under an agreement with 2 or more other persons
14		to commit that offense and the defendant, with respect to
15		the other individuals, occupied a position of organizer,
16		supervisor, financier, or any other position of management
17		or leadership, and the court further finds that the felony
18		committed was related to or in furtherance of the criminal
19		activities of an organized gang or was motivated by the
20		defendant's leadership in an organized gang; or
21		(6) When a defendant is convicted of an offense
22		committed while using a firearm with a laser sight attached
23		to it. For purposes of this paragraph, "laser sight" has
24		the meaning ascribed to it in Section 24.6-5 of the
25		Criminal Code of 1961; or
26		(7) When a defendant who was at least 17 years of age

SB3733 Engrossed - 1802 - LRB096 19592 AMC 34984 b
1		at the time of the commission of the offense is convicted
2		of a felony and has been previously adjudicated a
3		delinquent minor under the Juvenile Court Act of 1987 for
4		an act that if committed by an adult would be a Class X or
5		Class 1 felony when the conviction has occurred within 10
6		years after the previous adjudication, excluding time
7		spent in custody; or
8		(8) When a defendant commits any felony and the
9		defendant used, possessed, exercised control over, or
10		otherwise directed an animal to assault a law enforcement
11		officer engaged in the execution of his or her official
12		duties or in furtherance of the criminal activities of an
13		organized gang in which the defendant is engaged.
14		(c) The following factors may be considered by the court as
15		reasons to impose an extended term sentence under Section 5-8-2
16		(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
17		(1) When a defendant is convicted of first degree
18		murder, after having been previously convicted in Illinois
19		of any offense listed under paragraph (c)(2) of Section
20		5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
21		within 10 years after the previous conviction, excluding
22		time spent in custody, and the charges are separately
23		brought and tried and arise out of different series of
24		acts.
25		(1.5) When a defendant is convicted of first degree
26		murder, after having been previously convicted of domestic

SB3733 Engrossed - 1803 - LRB096 19592 AMC 34984 b
1		battery (720 ILCS 5/12-3.2) or aggravated domestic battery
2		(720 ILCS 5/12-3.3) committed on the same victim or after
3		having been previously convicted of violation of an order
4		of protection (720 ILCS 5/12-30) in which the same victim
5		was the protected person.
6		(2) When a defendant is convicted of voluntary
7		manslaughter, second degree murder, involuntary
8		manslaughter, or reckless homicide in which the defendant
9		has been convicted of causing the death of more than one
10		individual.
11		(3) When a defendant is convicted of aggravated
12		criminal sexual assault or criminal sexual assault, when
13		there is a finding that aggravated criminal sexual assault
14		or criminal sexual assault was also committed on the same
15		victim by one or more other individuals, and the defendant
16		voluntarily participated in the crime with the knowledge of
17		the participation of the others in the crime, and the
18		commission of the crime was part of a single course of
19		conduct during which there was no substantial change in the
20		nature of the criminal objective.
21		(4) If the victim was under 18 years of age at the time
22		of the commission of the offense, when a defendant is
23		convicted of aggravated criminal sexual assault or
24		predatory criminal sexual assault of a child under
25		subsection (a)(1) of Section 12-14.1 of the Criminal Code
26		of 1961 (720 ILCS 5/12-14.1).

SB3733 Engrossed - 1804 - LRB096 19592 AMC 34984 b
1		(5) When a defendant is convicted of a felony violation
2		of Section 24-1 of the Criminal Code of 1961 (720 ILCS
3		5/24-1) and there is a finding that the defendant is a
4		member of an organized gang.
5		(6) When a defendant was convicted of unlawful use of
6		weapons under Section 24-1 of the Criminal Code of 1961
7		(720 ILCS 5/24-1) for possessing a weapon that is not
8		readily distinguishable as one of the weapons enumerated in
9		Section 24-1 of the Criminal Code of 1961 (720 ILCS
10		5/24-1).
11		(7) When a defendant is convicted of an offense
12		involving the illegal manufacture of a controlled
13		substance under Section 401 of the Illinois Controlled
14		Substances Act (720 ILCS 570/401), the illegal manufacture
15		of methamphetamine under Section 25 of the Methamphetamine
16		Control and Community Protection Act (720 ILCS 646/25), or
17		the illegal possession of explosives and an emergency
18		response officer in the performance of his or her duties is
19		killed or injured at the scene of the offense while
20		responding to the emergency caused by the commission of the
21		offense. In this paragraph, "emergency" means a situation
22		in which a person's life, health, or safety is in jeopardy;
23		and "emergency response officer" means a peace officer,
24		community policing volunteer, fireman, emergency medical
25		technician-ambulance, emergency medical
26		technician-intermediate, emergency medical

SB3733 Engrossed - 1805 - LRB096 19592 AMC 34984 b
1		technician-paramedic, ambulance driver, other medical
2		assistance or first aid personnel, or hospital emergency
3		room personnel.
4		(d) For the purposes of this Section, "organized gang" has
5		the meaning ascribed to it in Section 10 of the Illinois
6		Streetgang Terrorism Omnibus Prevention Act.
7		(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
8		eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
9		95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
10		96-328, eff. 8-11-09; revised 9-25-09.)
11		(Text of Section after amendment by P.A. 96-339)
12		Sec. 5-5-3.2. Factors in Aggravation.
13		(a) The following factors shall be accorded weight in favor
14		of imposing a term of imprisonment or may be considered by the
15		court as reasons to impose a more severe sentence under Section
16		5-8-1 or Article 4.5 of Chapter V:
17		(1) the defendant's conduct caused or threatened
18		serious harm;
19		(2) the defendant received compensation for committing
20		the offense;
21		(3) the defendant has a history of prior delinquency or
22		criminal activity;
23		(4) the defendant, by the duties of his office or by
24		his position, was obliged to prevent the particular offense
25		committed or to bring the offenders committing it to

SB3733 Engrossed - 1806 - LRB096 19592 AMC 34984 b
1		justice;
2		(5) the defendant held public office at the time of the
3		offense, and the offense related to the conduct of that
4		office;
5		(6) the defendant utilized his professional reputation
6		or position in the community to commit the offense, or to
7		afford him an easier means of committing it;
8		(7) the sentence is necessary to deter others from
9		committing the same crime;
10		(8) the defendant committed the offense against a
11		person 60 years of age or older or such person's property;
12		(9) the defendant committed the offense against a
13		person who is physically handicapped or such person's
14		property;
15		(10) by reason of another individual's actual or
16		perceived race, color, creed, religion, ancestry, gender,
17		sexual orientation, physical or mental disability, or
18		national origin, the defendant committed the offense
19		against (i) the person or property of that individual; (ii)
20		the person or property of a person who has an association
21		with, is married to, or has a friendship with the other
22		individual; or (iii) the person or property of a relative
23		(by blood or marriage) of a person described in clause (i)
24		or (ii). For the purposes of this Section, "sexual
25		orientation" means heterosexuality, homosexuality, or
26		bisexuality;

SB3733 Engrossed - 1807 - LRB096 19592 AMC 34984 b
1		(11) the offense took place in a place of worship or on
2		the grounds of a place of worship, immediately prior to,
3		during or immediately following worship services. For
4		purposes of this subparagraph, "place of worship" shall
5		mean any church, synagogue or other building, structure or
6		place used primarily for religious worship;
7		(12) the defendant was convicted of a felony committed
8		while he was released on bail or his own recognizance
9		pending trial for a prior felony and was convicted of such
10		prior felony, or the defendant was convicted of a felony
11		committed while he was serving a period of probation,
12		conditional discharge, or mandatory supervised release
13		under subsection (d) of Section 5-8-1 for a prior felony;
14		(13) the defendant committed or attempted to commit a
15		felony while he was wearing a bulletproof vest. For the
16		purposes of this paragraph (13), a bulletproof vest is any
17		device which is designed for the purpose of protecting the
18		wearer from bullets, shot or other lethal projectiles;
19		(14) the defendant held a position of trust or
20		supervision such as, but not limited to, family member as
21		defined in Section 12-12 of the Criminal Code of 1961,
22		teacher, scout leader, baby sitter, or day care worker, in
23		relation to a victim under 18 years of age, and the
24		defendant committed an offense in violation of Section
25		11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
26		12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961

SB3733 Engrossed - 1808 - LRB096 19592 AMC 34984 b
1		against that victim;
2		(15) the defendant committed an offense related to the
3		activities of an organized gang. For the purposes of this
4		factor, "organized gang" has the meaning ascribed to it in
5		Section 10 of the Streetgang Terrorism Omnibus Prevention
6		Act;
7		(16) the defendant committed an offense in violation of
8		one of the following Sections while in a school, regardless
9		of the time of day or time of year; on any conveyance
10		owned, leased, or contracted by a school to transport
11		students to or from school or a school related activity; on
12		the real property of a school; or on a public way within
13		1,000 feet of the real property comprising any school:
14		Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
15		11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
16		12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
17		33A-2 of the Criminal Code of 1961;
18		(16.5) the defendant committed an offense in violation
19		of one of the following Sections while in a day care
20		center, regardless of the time of day or time of year; on
21		the real property of a day care center, regardless of the
22		time of day or time of year; or on a public way within
23		1,000 feet of the real property comprising any day care
24		center, regardless of the time of day or time of year:
25		Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
26		11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

SB3733 Engrossed - 1809 - LRB096 19592 AMC 34984 b
1		12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
2		33A-2 of the Criminal Code of 1961;
3		(17) the defendant committed the offense by reason of
4		any person's activity as a community policing volunteer or
5		to prevent any person from engaging in activity as a
6		community policing volunteer. For the purpose of this
7		Section, "community policing volunteer" has the meaning
8		ascribed to it in Section 2-3.5 of the Criminal Code of
9		1961;
10		(18) the defendant committed the offense in a nursing
11		home or on the real property comprising a nursing home. For
12		the purposes of this paragraph (18), "nursing home" means a
13		skilled nursing or intermediate long term care facility
14		that is subject to license by the Illinois Department of
15		Public Health under the Nursing Home Care Act or the MR/DD
16		Community Care Act;
17		(19) the defendant was a federally licensed firearm
18		dealer and was previously convicted of a violation of
19		subsection (a) of Section 3 of the Firearm Owners
20		Identification Card Act and has now committed either a
21		felony violation of the Firearm Owners Identification Card
22		Act or an act of armed violence while armed with a firearm;
23		(20) the defendant (i) committed the offense of
24		reckless homicide under Section 9-3 of the Criminal Code of
25		1961 or the offense of driving under the influence of
26		alcohol, other drug or drugs, intoxicating compound or

SB3733 Engrossed - 1810 - LRB096 19592 AMC 34984 b
1		compounds or any combination thereof under Section 11-501
2		of the Illinois Vehicle Code or a similar provision of a
3		local ordinance and (ii) was operating a motor vehicle in
4		excess of 20 miles per hour over the posted speed limit as
5		provided in Article VI of Chapter 11 of the Illinois
6		Vehicle Code;
7		(21) the defendant (i) committed the offense of
8		reckless driving or aggravated reckless driving under
9		Section 11-503 of the Illinois Vehicle Code and (ii) was
10		operating a motor vehicle in excess of 20 miles per hour
11		over the posted speed limit as provided in Article VI of
12		Chapter 11 of the Illinois Vehicle Code;
13		(22) the defendant committed the offense against a
14		person that the defendant knew, or reasonably should have
15		known, was a member of the Armed Forces of the United
16		States serving on active duty. For purposes of this clause
17		(22), the term "Armed Forces" means any of the Armed Forces
18		of the United States, including a member of any reserve
19		component thereof or National Guard unit called to active
20		duty;
21		(23) the defendant committed the offense against a
22		person who was elderly, disabled, or infirm by taking
23		advantage of a family or fiduciary relationship with the
24		elderly, disabled, or infirm person; or
25		(24) the defendant committed any offense under Section
26		11-20.1 of the Criminal Code of 1961 and possessed 100 or

SB3733 Engrossed - 1811 - LRB096 19592 AMC 34984 b
1		more images; or
2		(25) the defendant committed the offense while the
3		defendant or the victim was in a train, bus, or other
4		vehicle used for public transportation; or .
5		(26) (25) the defendant committed the offense of child
6		pornography or aggravated child pornography, specifically
7		including paragraph (1), (2), (3), (4), (5), or (7) of
8		subsection (a) of Section 11-20.1 of the Criminal Code of
9		1961 where a child engaged in, solicited for, depicted in,
10		or posed in any act of sexual penetration or bound,
11		fettered, or subject to sadistic, masochistic, or
12		sadomasochistic abuse in a sexual context and specifically
13		including paragraph (1), (2), (3), (4), (5), or (7) of
14		subsection (a) of Section 11-20.3 of the Criminal Code of
15		1961 where a child engaged in, solicited for, depicted in,
16		or posed in any act of sexual penetration or bound,
17		fettered, or subject to sadistic, masochistic, or
18		sadomasochistic abuse in a sexual context.
19		For the purposes of this Section:
20		"School" is defined as a public or private elementary or
21		secondary school, community college, college, or university.
22		"Day care center" means a public or private State certified
23		and licensed day care center as defined in Section 2.09 of the
24		Child Care Act of 1969 that displays a sign in plain view
25		stating that the property is a day care center.
26		"Public transportation" means the transportation or

SB3733 Engrossed - 1812 - LRB096 19592 AMC 34984 b
1		conveyance of persons by means available to the general public,
2		and includes paratransit services.
3		(b) The following factors, related to all felonies, may be
4		considered by the court as reasons to impose an extended term
5		sentence under Section 5-8-2 upon any offender:
6		(1) When a defendant is convicted of any felony, after
7		having been previously convicted in Illinois or any other
8		jurisdiction of the same or similar class felony or greater
9		class felony, when such conviction has occurred within 10
10		years after the previous conviction, excluding time spent
11		in custody, and such charges are separately brought and
12		tried and arise out of different series of acts; or
13		(2) When a defendant is convicted of any felony and the
14		court finds that the offense was accompanied by
15		exceptionally brutal or heinous behavior indicative of
16		wanton cruelty; or
17		(3) When a defendant is convicted of any felony
18		committed against:
19		(i) a person under 12 years of age at the time of
20		the offense or such person's property;
21		(ii) a person 60 years of age or older at the time
22		of the offense or such person's property; or
23		(iii) a person physically handicapped at the time
24		of the offense or such person's property; or
25		(4) When a defendant is convicted of any felony and the
26		offense involved any of the following types of specific

SB3733 Engrossed - 1813 - LRB096 19592 AMC 34984 b
1		misconduct committed as part of a ceremony, rite,
2		initiation, observance, performance, practice or activity
3		of any actual or ostensible religious, fraternal, or social
4		group:
5		(i) the brutalizing or torturing of humans or
6		animals;
7		(ii) the theft of human corpses;
8		(iii) the kidnapping of humans;
9		(iv) the desecration of any cemetery, religious,
10		fraternal, business, governmental, educational, or
11		other building or property; or
12		(v) ritualized abuse of a child; or
13		(5) When a defendant is convicted of a felony other
14		than conspiracy and the court finds that the felony was
15		committed under an agreement with 2 or more other persons
16		to commit that offense and the defendant, with respect to
17		the other individuals, occupied a position of organizer,
18		supervisor, financier, or any other position of management
19		or leadership, and the court further finds that the felony
20		committed was related to or in furtherance of the criminal
21		activities of an organized gang or was motivated by the
22		defendant's leadership in an organized gang; or
23		(6) When a defendant is convicted of an offense
24		committed while using a firearm with a laser sight attached
25		to it. For purposes of this paragraph, "laser sight" has
26		the meaning ascribed to it in Section 24.6-5 of the

SB3733 Engrossed - 1814 - LRB096 19592 AMC 34984 b
1		Criminal Code of 1961; or
2		(7) When a defendant who was at least 17 years of age
3		at the time of the commission of the offense is convicted
4		of a felony and has been previously adjudicated a
5		delinquent minor under the Juvenile Court Act of 1987 for
6		an act that if committed by an adult would be a Class X or
7		Class 1 felony when the conviction has occurred within 10
8		years after the previous adjudication, excluding time
9		spent in custody; or
10		(8) When a defendant commits any felony and the
11		defendant used, possessed, exercised control over, or
12		otherwise directed an animal to assault a law enforcement
13		officer engaged in the execution of his or her official
14		duties or in furtherance of the criminal activities of an
15		organized gang in which the defendant is engaged.
16		(c) The following factors may be considered by the court as
17		reasons to impose an extended term sentence under Section 5-8-2
18		(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
19		(1) When a defendant is convicted of first degree
20		murder, after having been previously convicted in Illinois
21		of any offense listed under paragraph (c)(2) of Section
22		5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
23		within 10 years after the previous conviction, excluding
24		time spent in custody, and the charges are separately
25		brought and tried and arise out of different series of
26		acts.

SB3733 Engrossed - 1815 - LRB096 19592 AMC 34984 b
1		(1.5) When a defendant is convicted of first degree
2		murder, after having been previously convicted of domestic
3		battery (720 ILCS 5/12-3.2) or aggravated domestic battery
4		(720 ILCS 5/12-3.3) committed on the same victim or after
5		having been previously convicted of violation of an order
6		of protection (720 ILCS 5/12-30) in which the same victim
7		was the protected person.
8		(2) When a defendant is convicted of voluntary
9		manslaughter, second degree murder, involuntary
10		manslaughter, or reckless homicide in which the defendant
11		has been convicted of causing the death of more than one
12		individual.
13		(3) When a defendant is convicted of aggravated
14		criminal sexual assault or criminal sexual assault, when
15		there is a finding that aggravated criminal sexual assault
16		or criminal sexual assault was also committed on the same
17		victim by one or more other individuals, and the defendant
18		voluntarily participated in the crime with the knowledge of
19		the participation of the others in the crime, and the
20		commission of the crime was part of a single course of
21		conduct during which there was no substantial change in the
22		nature of the criminal objective.
23		(4) If the victim was under 18 years of age at the time
24		of the commission of the offense, when a defendant is
25		convicted of aggravated criminal sexual assault or
26		predatory criminal sexual assault of a child under

SB3733 Engrossed - 1816 - LRB096 19592 AMC 34984 b
1		subsection (a)(1) of Section 12-14.1 of the Criminal Code
2		of 1961 (720 ILCS 5/12-14.1).
3		(5) When a defendant is convicted of a felony violation
4		of Section 24-1 of the Criminal Code of 1961 (720 ILCS
5		5/24-1) and there is a finding that the defendant is a
6		member of an organized gang.
7		(6) When a defendant was convicted of unlawful use of
8		weapons under Section 24-1 of the Criminal Code of 1961
9		(720 ILCS 5/24-1) for possessing a weapon that is not
10		readily distinguishable as one of the weapons enumerated in
11		Section 24-1 of the Criminal Code of 1961 (720 ILCS
12		5/24-1).
13		(7) When a defendant is convicted of an offense
14		involving the illegal manufacture of a controlled
15		substance under Section 401 of the Illinois Controlled
16		Substances Act (720 ILCS 570/401), the illegal manufacture
17		of methamphetamine under Section 25 of the Methamphetamine
18		Control and Community Protection Act (720 ILCS 646/25), or
19		the illegal possession of explosives and an emergency
20		response officer in the performance of his or her duties is
21		killed or injured at the scene of the offense while
22		responding to the emergency caused by the commission of the
23		offense. In this paragraph, "emergency" means a situation
24		in which a person's life, health, or safety is in jeopardy;
25		and "emergency response officer" means a peace officer,
26		community policing volunteer, fireman, emergency medical

SB3733 Engrossed - 1817 - LRB096 19592 AMC 34984 b
1		technician-ambulance, emergency medical
2		technician-intermediate, emergency medical
3		technician-paramedic, ambulance driver, other medical
4		assistance or first aid personnel, or hospital emergency
5		room personnel.
6		(d) For the purposes of this Section, "organized gang" has
7		the meaning ascribed to it in Section 10 of the Illinois
8		Streetgang Terrorism Omnibus Prevention Act.
9		(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
10		eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
11		95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
12		96-328, eff. 8-11-09; 96-339, eff. 7-1-10; revised 9-25-09.)
13		(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
14		Sec. 5-6-1. Sentences of Probation and of Conditional
15		Discharge and Disposition of Supervision. The General Assembly
16		finds that in order to protect the public, the criminal justice
17		system must compel compliance with the conditions of probation
18		by responding to violations with swift, certain and fair
19		punishments and intermediate sanctions. The Chief Judge of each
20		circuit shall adopt a system of structured, intermediate
21		sanctions for violations of the terms and conditions of a
22		sentence of probation, conditional discharge or disposition of
23		supervision.
24		(a) Except where specifically prohibited by other
25		provisions of this Code, the court shall impose a sentence of

SB3733 Engrossed - 1818 - LRB096 19592 AMC 34984 b
1		probation or conditional discharge upon an offender unless,
2		having regard to the nature and circumstance of the offense,
3		and to the history, character and condition of the offender,
4		the court is of the opinion that:
5		(1) his imprisonment or periodic imprisonment is
6		necessary for the protection of the public; or
7		(2) probation or conditional discharge would deprecate
8		the seriousness of the offender's conduct and would be
9		inconsistent with the ends of justice; or
10		(3) a combination of imprisonment with concurrent or
11		consecutive probation when an offender has been admitted
12		into a drug court program under Section 20 of the Drug
13		Court Treatment Act is necessary for the protection of the
14		public and for the rehabilitation of the offender.
15		The court shall impose as a condition of a sentence of
16		probation, conditional discharge, or supervision, that the
17		probation agency may invoke any sanction from the list of
18		intermediate sanctions adopted by the chief judge of the
19		circuit court for violations of the terms and conditions of the
20		sentence of probation, conditional discharge, or supervision,
21		subject to the provisions of Section 5-6-4 of this Act.
22		(b) The court may impose a sentence of conditional
23		discharge for an offense if the court is of the opinion that
24		neither a sentence of imprisonment nor of periodic imprisonment
25		nor of probation supervision is appropriate.
26		(b-1) Subsections (a) and (b) of this Section do not apply

SB3733 Engrossed - 1819 - LRB096 19592 AMC 34984 b
1		to a defendant charged with a misdemeanor or felony under the
2		Illinois Vehicle Code or reckless homicide under Section 9-3 of
3		the Criminal Code of 1961 if the defendant within the past 12
4		months has been convicted of or pleaded guilty to a misdemeanor
5		or felony under the Illinois Vehicle Code or reckless homicide
6		under Section 9-3 of the Criminal Code of 1961.
7		(c) The court may, upon a plea of guilty or a stipulation
8		by the defendant of the facts supporting the charge or a
9		finding of guilt, defer further proceedings and the imposition
10		of a sentence, and enter an order for supervision of the
11		defendant, if the defendant is not charged with: (i) a Class A
12		misdemeanor, as defined by the following provisions of the
13		Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5;
14		31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1;
15		paragraph (1) through (5), (8), (10), and (11) of subsection
16		(a) of Section 24-1; (ii) a Class A misdemeanor violation of
17		Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
18		Act; or (iii) a felony. If the defendant is not barred from
19		receiving an order for supervision as provided in this
20		subsection, the court may enter an order for supervision after
21		considering the circumstances of the offense, and the history,
22		character and condition of the offender, if the court is of the
23		opinion that:
24		(1) the offender is not likely to commit further
25		crimes;
26		(2) the defendant and the public would be best served

SB3733 Engrossed - 1820 - LRB096 19592 AMC 34984 b
1		if the defendant were not to receive a criminal record; and
2		(3) in the best interests of justice an order of
3		supervision is more appropriate than a sentence otherwise
4		permitted under this Code.
5		(c-5) Subsections (a), (b), and (c) of this Section do not
6		apply to a defendant charged with a second or subsequent
7		violation of Section 6-303 of the Illinois Vehicle Code
8		committed while his or her driver's license, permit or
9		privileges were revoked because of a violation of Section 9-3
10		of the Criminal Code of 1961, relating to the offense of
11		reckless homicide, or a similar provision of a law of another
12		state.
13		(d) The provisions of paragraph (c) shall not apply to a
14		defendant charged with violating Section 11-501 of the Illinois
15		Vehicle Code or a similar provision of a local ordinance when
16		the defendant has previously been:
17		(1) convicted for a violation of Section 11-501 of the
18		Illinois Vehicle Code or a similar provision of a local
19		ordinance or any similar law or ordinance of another state;
20		or
21		(2) assigned supervision for a violation of Section
22		11-501 of the Illinois Vehicle Code or a similar provision
23		of a local ordinance or any similar law or ordinance of
24		another state; or
25		(3) pleaded guilty to or stipulated to the facts
26		supporting a charge or a finding of guilty to a violation

SB3733 Engrossed - 1821 - LRB096 19592 AMC 34984 b
1		of Section 11-503 of the Illinois Vehicle Code or a similar
2		provision of a local ordinance or any similar law or
3		ordinance of another state, and the plea or stipulation was
4		the result of a plea agreement.
5		The court shall consider the statement of the prosecuting
6		authority with regard to the standards set forth in this
7		Section.
8		(e) The provisions of paragraph (c) shall not apply to a
9		defendant charged with violating Section 16A-3 of the Criminal
10		Code of 1961 if said defendant has within the last 5 years
11		been:
12		(1) convicted for a violation of Section 16A-3 of the
13		Criminal Code of 1961; or
14		(2) assigned supervision for a violation of Section
15		16A-3 of the Criminal Code of 1961.
16		The court shall consider the statement of the prosecuting
17		authority with regard to the standards set forth in this
18		Section.
19		(f) The provisions of paragraph (c) shall not apply to a
20		defendant charged with violating Sections 15-111, 15-112,
21		15-301, paragraph (b) of Section 6-104, Section 11-605, Section
22		11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
23		similar provision of a local ordinance.
24		(g) Except as otherwise provided in paragraph (i) of this
25		Section, the provisions of paragraph (c) shall not apply to a
26		defendant charged with violating Section 3-707, 3-708, 3-710,

SB3733 Engrossed - 1822 - LRB096 19592 AMC 34984 b
1		or 5-401.3 of the Illinois Vehicle Code or a similar provision
2		of a local ordinance if the defendant has within the last 5
3		years been:
4		(1) convicted for a violation of Section 3-707, 3-708,
5		3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
6		provision of a local ordinance; or
7		(2) assigned supervision for a violation of Section
8		3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
9		Code or a similar provision of a local ordinance.
10		The court shall consider the statement of the prosecuting
11		authority with regard to the standards set forth in this
12		Section.
13		(h) The provisions of paragraph (c) shall not apply to a
14		defendant under the age of 21 years charged with violating a
15		serious traffic offense as defined in Section 1-187.001 of the
16		Illinois Vehicle Code:
17		(1) unless the defendant, upon payment of the fines,
18		penalties, and costs provided by law, agrees to attend and
19		successfully complete a traffic safety program approved by
20		the court under standards set by the Conference of Chief
21		Circuit Judges. The accused shall be responsible for
22		payment of any traffic safety program fees. If the accused
23		fails to file a certificate of successful completion on or
24		before the termination date of the supervision order, the
25		supervision shall be summarily revoked and conviction
26		entered. The provisions of Supreme Court Rule 402 relating

SB3733 Engrossed - 1823 - LRB096 19592 AMC 34984 b
1		to pleas of guilty do not apply in cases when a defendant
2		enters a guilty plea under this provision; or
3		(2) if the defendant has previously been sentenced
4		under the provisions of paragraph (c) on or after January
5		1, 1998 for any serious traffic offense as defined in
6		Section 1-187.001 of the Illinois Vehicle Code.
7		(h-1) The provisions of paragraph (c) shall not apply to a
8		defendant under the age of 21 years charged with an offense
9		against traffic regulations governing the movement of vehicles
10		or any violation of Section 6-107 or Section 12-603.1 of the
11		Illinois Vehicle Code, unless the defendant, upon payment of
12		the fines, penalties, and costs provided by law, agrees to
13		attend and successfully complete a traffic safety program
14		approved by the court under standards set by the Conference of
15		Chief Circuit Judges. The accused shall be responsible for
16		payment of any traffic safety program fees. If the accused
17		fails to file a certificate of successful completion on or
18		before the termination date of the supervision order, the
19		supervision shall be summarily revoked and conviction entered.
20		The provisions of Supreme Court Rule 402 relating to pleas of
21		guilty do not apply in cases when a defendant enters a guilty
22		plea under this provision.
23		(i) The provisions of paragraph (c) shall not apply to a
24		defendant charged with violating Section 3-707 of the Illinois
25		Vehicle Code or a similar provision of a local ordinance if the
26		defendant has been assigned supervision for a violation of

SB3733 Engrossed - 1824 - LRB096 19592 AMC 34984 b
1		Section 3-707 of the Illinois Vehicle Code or a similar
2		provision of a local ordinance.
3		(j) The provisions of paragraph (c) shall not apply to a
4		defendant charged with violating Section 6-303 of the Illinois
5		Vehicle Code or a similar provision of a local ordinance when
6		the revocation or suspension was for a violation of Section
7		11-501 or a similar provision of a local ordinance or a
8		violation of Section 11-501.1 or paragraph (b) of Section
9		11-401 of the Illinois Vehicle Code if the defendant has within
10		the last 10 years been:
11		(1) convicted for a violation of Section 6-303 of the
12		Illinois Vehicle Code or a similar provision of a local
13		ordinance; or
14		(2) assigned supervision for a violation of Section
15		6-303 of the Illinois Vehicle Code or a similar provision
16		of a local ordinance.
17		(k) The provisions of paragraph (c) shall not apply to a
18		defendant charged with violating any provision of the Illinois
19		Vehicle Code or a similar provision of a local ordinance that
20		governs the movement of vehicles if, within the 12 months
21		preceding the date of the defendant's arrest, the defendant has
22		been assigned court supervision on 2 occasions for a violation
23		that governs the movement of vehicles under the Illinois
24		Vehicle Code or a similar provision of a local ordinance. The
25		provisions of this paragraph (k) do not apply to a defendant
26		charged with violating Section 11-501 of the Illinois Vehicle

SB3733 Engrossed - 1825 - LRB096 19592 AMC 34984 b
1		Code or a similar provision of a local ordinance.
2		(l) A defendant charged with violating any provision of the
3		Illinois Vehicle Code or a similar provision of a local
4		ordinance who receives a disposition of supervision under
5		subsection (c) shall pay an additional fee of $29, to be
6		collected as provided in Sections 27.5 and 27.6 of the Clerks
7		of Courts Act. In addition to the $29 fee, the person shall
8		also pay a fee of $6, which, if not waived by the court, shall
9		be collected as provided in Sections 27.5 and 27.6 of the
10		Clerks of Courts Act. The $29 fee shall be disbursed as
11		provided in Section 16-104c of the Illinois Vehicle Code. If
12		the $6 fee is collected, $5.50 of the fee shall be deposited
13		into the Circuit Court Clerk Operation and Administrative Fund
14		created by the Clerk of the Circuit Court and 50 cents of the
15		fee shall be deposited into the Prisoner Review Board Vehicle
16		and Equipment Fund in the State treasury.
17		(m) Any person convicted of, pleading guilty to, or placed
18		on supervision for a serious traffic violation, as defined in
19		Section 1-187.001 of the Illinois Vehicle Code, a violation of
20		Section 11-501 of the Illinois Vehicle Code, or a violation of
21		a similar provision of a local ordinance shall pay an
22		additional fee of $20, to be disbursed as provided in Section
23		16-104d of that Code.
24		This subsection (m) becomes inoperative 7 years after
25		October 13, 2007 (the effective date of Public Act 95-154).
26		(n) The provisions of paragraph (c) shall not apply to any

SB3733 Engrossed - 1826 - LRB096 19592 AMC 34984 b
1		person under the age of 18 who commits an offense against
2		traffic regulations governing the movement of vehicles or any
3		violation of Section 6-107 or Section 12-603.1 of the Illinois
4		Vehicle Code, except upon personal appearance of the defendant
5		in court and upon the written consent of the defendant's parent
6		or legal guardian, executed before the presiding judge. The
7		presiding judge shall have the authority to waive this
8		requirement upon the showing of good cause by the defendant.
9		(o) The provisions of paragraph (c) shall not apply to a
10		defendant charged with violating Section 6-303 of the Illinois
11		Vehicle Code or a similar provision of a local ordinance when
12		the suspension was for a violation of Section 11-501.1 of the
13		Illinois Vehicle Code and when:
14		(1) at the time of the violation of Section 11-501.1 of
15		the Illinois Vehicle Code, the defendant was a first
16		offender pursuant to Section 11-500 of the Illinois Vehicle
17		Code and the defendant failed to obtain a monitoring device
18		driving permit; or
19		(2) at the time of the violation of Section 11-501.1 of
20		the Illinois Vehicle Code, the defendant was a first
21		offender pursuant to Section 11-500 of the Illinois Vehicle
22		Code, had subsequently obtained a monitoring device
23		driving permit, but was driving a vehicle not equipped with
24		a breath alcohol ignition interlock device as defined in
25		Section 1-129.1 of the Illinois Vehicle Code.
26		(Source: P.A. 95-154, eff. 10-13-07; 95-302, eff. 1-1-08;

SB3733 Engrossed - 1827 - LRB096 19592 AMC 34984 b
1		95-310, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, eff. 1-1-09;
2		95-428, 8-24-07; 95-876, eff. 8-21-08; 96-253, eff. 8-11-09;
3		96-286, eff. 8-11-09; 96-328, eff. 8-11-09; 96-625, eff.
4		1-1-10; revised 10-1-09.)
5		(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
6		Sec. 5-6-3. Conditions of Probation and of Conditional
7		Discharge.
8		(a) The conditions of probation and of conditional
9		discharge shall be that the person:
10		(1) not violate any criminal statute of any
11		jurisdiction;
12		(2) report to or appear in person before such person or
13		agency as directed by the court;
14		(3) refrain from possessing a firearm or other
15		dangerous weapon where the offense is a felony or, if a
16		misdemeanor, the offense involved the intentional or
17		knowing infliction of bodily harm or threat of bodily harm;
18		(4) not leave the State without the consent of the
19		court or, in circumstances in which the reason for the
20		absence is of such an emergency nature that prior consent
21		by the court is not possible, without the prior
22		notification and approval of the person's probation
23		officer. Transfer of a person's probation or conditional
24		discharge supervision to another state is subject to
25		acceptance by the other state pursuant to the Interstate

SB3733 Engrossed - 1828 - LRB096 19592 AMC 34984 b
1		Compact for Adult Offender Supervision;
2		(5) permit the probation officer to visit him at his
3		home or elsewhere to the extent necessary to discharge his
4		duties;
5		(6) perform no less than 30 hours of community service
6		and not more than 120 hours of community service, if
7		community service is available in the jurisdiction and is
8		funded and approved by the county board where the offense
9		was committed, where the offense was related to or in
10		furtherance of the criminal activities of an organized gang
11		and was motivated by the offender's membership in or
12		allegiance to an organized gang. The community service
13		shall include, but not be limited to, the cleanup and
14		repair of any damage caused by a violation of Section
15		21-1.3 of the Criminal Code of 1961 and similar damage to
16		property located within the municipality or county in which
17		the violation occurred. When possible and reasonable, the
18		community service should be performed in the offender's
19		neighborhood. For purposes of this Section, "organized
20		gang" has the meaning ascribed to it in Section 10 of the
21		Illinois Streetgang Terrorism Omnibus Prevention Act;
22		(7) if he or she is at least 17 years of age and has
23		been sentenced to probation or conditional discharge for a
24		misdemeanor or felony in a county of 3,000,000 or more
25		inhabitants and has not been previously convicted of a
26		misdemeanor or felony, may be required by the sentencing

SB3733 Engrossed - 1829 - LRB096 19592 AMC 34984 b
1		court to attend educational courses designed to prepare the
2		defendant for a high school diploma and to work toward a
3		high school diploma or to work toward passing the high
4		school level Test of General Educational Development (GED)
5		or to work toward completing a vocational training program
6		approved by the court. The person on probation or
7		conditional discharge must attend a public institution of
8		education to obtain the educational or vocational training
9		required by this clause (7). The court shall revoke the
10		probation or conditional discharge of a person who wilfully
11		fails to comply with this clause (7). The person on
12		probation or conditional discharge shall be required to pay
13		for the cost of the educational courses or GED test, if a
14		fee is charged for those courses or test. The court shall
15		resentence the offender whose probation or conditional
16		discharge has been revoked as provided in Section 5-6-4.
17		This clause (7) does not apply to a person who has a high
18		school diploma or has successfully passed the GED test.
19		This clause (7) does not apply to a person who is
20		determined by the court to be developmentally disabled or
21		otherwise mentally incapable of completing the educational
22		or vocational program;
23		(8) if convicted of possession of a substance
24		prohibited by the Cannabis Control Act, the Illinois
25		Controlled Substances Act, or the Methamphetamine Control
26		and Community Protection Act after a previous conviction or

SB3733 Engrossed - 1830 - LRB096 19592 AMC 34984 b
1		disposition of supervision for possession of a substance
2		prohibited by the Cannabis Control Act or Illinois
3		Controlled Substances Act or after a sentence of probation
4		under Section 10 of the Cannabis Control Act, Section 410
5		of the Illinois Controlled Substances Act, or Section 70 of
6		the Methamphetamine Control and Community Protection Act
7		and upon a finding by the court that the person is
8		addicted, undergo treatment at a substance abuse program
9		approved by the court;
10		(8.5) if convicted of a felony sex offense as defined
11		in the Sex Offender Management Board Act, the person shall
12		undergo and successfully complete sex offender treatment
13		by a treatment provider approved by the Board and conducted
14		in conformance with the standards developed under the Sex
15		Offender Management Board Act;
16		(8.6) if convicted of a sex offense as defined in the
17		Sex Offender Management Board Act, refrain from residing at
18		the same address or in the same condominium unit or
19		apartment unit or in the same condominium complex or
20		apartment complex with another person he or she knows or
21		reasonably should know is a convicted sex offender or has
22		been placed on supervision for a sex offense; the
23		provisions of this paragraph do not apply to a person
24		convicted of a sex offense who is placed in a Department of
25		Corrections licensed transitional housing facility for sex
26		offenders;

SB3733 Engrossed - 1831 - LRB096 19592 AMC 34984 b
1		(8.7) if convicted for an offense committed on or after
2		June 1, 2008 (the effective date of Public Act 95-464) that
3		would qualify the accused as a child sex offender as
4		defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
5		1961, refrain from communicating with or contacting, by
6		means of the Internet, a person who is not related to the
7		accused and whom the accused reasonably believes to be
8		under 18 years of age; for purposes of this paragraph
9		(8.7), "Internet" has the meaning ascribed to it in Section
10		16J-5 of the Criminal Code of 1961; and a person is not
11		related to the accused if the person is not: (i) the
12		spouse, brother, or sister of the accused; (ii) a
13		descendant of the accused; (iii) a first or second cousin
14		of the accused; or (iv) a step-child or adopted child of
15		the accused;
16		(8.8) if convicted for an offense under Section 11-6,
17		11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
18		Code of 1961, or any attempt to commit any of these
19		offenses, committed on or after June 1, 2009 (the effective
20		date of Public Act 95-983):
21		(i) not access or use a computer or any other
22		device with Internet capability without the prior
23		written approval of the offender's probation officer,
24		except in connection with the offender's employment or
25		search for employment with the prior approval of the
26		offender's probation officer;

SB3733 Engrossed - 1832 - LRB096 19592 AMC 34984 b
1		(ii) submit to periodic unannounced examinations
2		of the offender's computer or any other device with
3		Internet capability by the offender's probation
4		officer, a law enforcement officer, or assigned
5		computer or information technology specialist,
6		including the retrieval and copying of all data from
7		the computer or device and any internal or external
8		peripherals and removal of such information,
9		equipment, or device to conduct a more thorough
10		inspection;
11		(iii) submit to the installation on the offender's
12		computer or device with Internet capability, at the
13		offender's expense, of one or more hardware or software
14		systems to monitor the Internet use; and
15		(iv) submit to any other appropriate restrictions
16		concerning the offender's use of or access to a
17		computer or any other device with Internet capability
18		imposed by the offender's probation officer;
19		(8.9) if convicted of a sex offense as defined in the
20		Sex Offender Registration Act committed on or after January
21		1, 2010 (the effective date of Public Act 96-262) this
22		amendatory Act of the 96th General Assembly, refrain from
23		accessing or using a social networking website as defined
24		in Section 16D-2 of the Criminal Code of 1961;
25		(9) if convicted of a felony, physically surrender at a
26		time and place designated by the court, his or her Firearm

SB3733 Engrossed - 1833 - LRB096 19592 AMC 34984 b
1		Owner's Identification Card and any and all firearms in his
2		or her possession;
3		(10) if convicted of a sex offense as defined in
4		subsection (a-5) of Section 3-1-2 of this Code, unless the
5		offender is a parent or guardian of the person under 18
6		years of age present in the home and no non-familial minors
7		are present, not participate in a holiday event involving
8		children under 18 years of age, such as distributing candy
9		or other items to children on Halloween, wearing a Santa
10		Claus costume on or preceding Christmas, being employed as
11		a department store Santa Claus, or wearing an Easter Bunny
12		costume on or preceding Easter; and
13		(11) if convicted of a sex offense as defined in
14		Section 2 of the Sex Offender Registration Act committed on
15		or after January 1, 2010 (the effective date of Public Act
16		96-362) this amendatory Act of the 96th General Assembly
17		that requires the person to register as a sex offender
18		under that Act, may not knowingly use any computer scrub
19		software on any computer that the sex offender uses.
20		(b) The Court may in addition to other reasonable
21		conditions relating to the nature of the offense or the
22		rehabilitation of the defendant as determined for each
23		defendant in the proper discretion of the Court require that
24		the person:
25		(1) serve a term of periodic imprisonment under Article
26		7 for a period not to exceed that specified in paragraph

SB3733 Engrossed - 1834 - LRB096 19592 AMC 34984 b
1		(d) of Section 5-7-1;
2		(2) pay a fine and costs;
3		(3) work or pursue a course of study or vocational
4		training;
5		(4) undergo medical, psychological or psychiatric
6		treatment; or treatment for drug addiction or alcoholism;
7		(5) attend or reside in a facility established for the
8		instruction or residence of defendants on probation;
9		(6) support his dependents;
10		(7) and in addition, if a minor:
11		(i) reside with his parents or in a foster home;
12		(ii) attend school;
13		(iii) attend a non-residential program for youth;
14		(iv) contribute to his own support at home or in a
15		foster home;
16		(v) with the consent of the superintendent of the
17		facility, attend an educational program at a facility
18		other than the school in which the offense was
19		committed if he or she is convicted of a crime of
20		violence as defined in Section 2 of the Crime Victims
21		Compensation Act committed in a school, on the real
22		property comprising a school, or within 1,000 feet of
23		the real property comprising a school;
24		(8) make restitution as provided in Section 5-5-6 of
25		this Code;
26		(9) perform some reasonable public or community

SB3733 Engrossed - 1835 - LRB096 19592 AMC 34984 b
1		service;
2		(10) serve a term of home confinement. In addition to
3		any other applicable condition of probation or conditional
4		discharge, the conditions of home confinement shall be that
5		the offender:
6		(i) remain within the interior premises of the
7		place designated for his confinement during the hours
8		designated by the court;
9		(ii) admit any person or agent designated by the
10		court into the offender's place of confinement at any
11		time for purposes of verifying the offender's
12		compliance with the conditions of his confinement; and
13		(iii) if further deemed necessary by the court or
14		the Probation or Court Services Department, be placed
15		on an approved electronic monitoring device, subject
16		to Article 8A of Chapter V;
17		(iv) for persons convicted of any alcohol,
18		cannabis or controlled substance violation who are
19		placed on an approved monitoring device as a condition
20		of probation or conditional discharge, the court shall
21		impose a reasonable fee for each day of the use of the
22		device, as established by the county board in
23		subsection (g) of this Section, unless after
24		determining the inability of the offender to pay the
25		fee, the court assesses a lesser fee or no fee as the
26		case may be. This fee shall be imposed in addition to

SB3733 Engrossed - 1836 - LRB096 19592 AMC 34984 b
1		the fees imposed under subsections (g) and (i) of this
2		Section. The fee shall be collected by the clerk of the
3		circuit court. The clerk of the circuit court shall pay
4		all monies collected from this fee to the county
5		treasurer for deposit in the substance abuse services
6		fund under Section 5-1086.1 of the Counties Code; and
7		(v) for persons convicted of offenses other than
8		those referenced in clause (iv) above and who are
9		placed on an approved monitoring device as a condition
10		of probation or conditional discharge, the court shall
11		impose a reasonable fee for each day of the use of the
12		device, as established by the county board in
13		subsection (g) of this Section, unless after
14		determining the inability of the defendant to pay the
15		fee, the court assesses a lesser fee or no fee as the
16		case may be. This fee shall be imposed in addition to
17		the fees imposed under subsections (g) and (i) of this
18		Section. The fee shall be collected by the clerk of the
19		circuit court. The clerk of the circuit court shall pay
20		all monies collected from this fee to the county
21		treasurer who shall use the monies collected to defray
22		the costs of corrections. The county treasurer shall
23		deposit the fee collected in the county working cash
24		fund under Section 6-27001 or Section 6-29002 of the
25		Counties Code, as the case may be.
26		(11) comply with the terms and conditions of an order

SB3733 Engrossed - 1837 - LRB096 19592 AMC 34984 b
1		of protection issued by the court pursuant to the Illinois
2		Domestic Violence Act of 1986, as now or hereafter amended,
3		or an order of protection issued by the court of another
4		state, tribe, or United States territory. A copy of the
5		order of protection shall be transmitted to the probation
6		officer or agency having responsibility for the case;
7		(12) reimburse any "local anti-crime program" as
8		defined in Section 7 of the Anti-Crime Advisory Council Act
9		for any reasonable expenses incurred by the program on the
10		offender's case, not to exceed the maximum amount of the
11		fine authorized for the offense for which the defendant was
12		sentenced;
13		(13) contribute a reasonable sum of money, not to
14		exceed the maximum amount of the fine authorized for the
15		offense for which the defendant was sentenced, (i) to a
16		"local anti-crime program", as defined in Section 7 of the
17		Anti-Crime Advisory Council Act, or (ii) for offenses under
18		the jurisdiction of the Department of Natural Resources, to
19		the fund established by the Department of Natural Resources
20		for the purchase of evidence for investigation purposes and
21		to conduct investigations as outlined in Section 805-105 of
22		the Department of Natural Resources (Conservation) Law;
23		(14) refrain from entering into a designated
24		geographic area except upon such terms as the court finds
25		appropriate. Such terms may include consideration of the
26		purpose of the entry, the time of day, other persons

SB3733 Engrossed - 1838 - LRB096 19592 AMC 34984 b
1		accompanying the defendant, and advance approval by a
2		probation officer, if the defendant has been placed on
3		probation or advance approval by the court, if the
4		defendant was placed on conditional discharge;
5		(15) refrain from having any contact, directly or
6		indirectly, with certain specified persons or particular
7		types of persons, including but not limited to members of
8		street gangs and drug users or dealers;
9		(16) refrain from having in his or her body the
10		presence of any illicit drug prohibited by the Cannabis
11		Control Act, the Illinois Controlled Substances Act, or the
12		Methamphetamine Control and Community Protection Act,
13		unless prescribed by a physician, and submit samples of his
14		or her blood or urine or both for tests to determine the
15		presence of any illicit drug;
16		(17) if convicted for an offense committed on or after
17		June 1, 2008 (the effective date of Public Act 95-464) that
18		would qualify the accused as a child sex offender as
19		defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
20		1961, refrain from communicating with or contacting, by
21		means of the Internet, a person who is related to the
22		accused and whom the accused reasonably believes to be
23		under 18 years of age; for purposes of this paragraph (17),
24		"Internet" has the meaning ascribed to it in Section 16J-5
25		of the Criminal Code of 1961; and a person is related to
26		the accused if the person is: (i) the spouse, brother, or

SB3733 Engrossed - 1839 - LRB096 19592 AMC 34984 b
1		sister of the accused; (ii) a descendant of the accused;
2		(iii) a first or second cousin of the accused; or (iv) a
3		step-child or adopted child of the accused;
4		(18) if convicted for an offense committed on or after
5		June 1, 2009 (the effective date of Public Act 95-983) that
6		would qualify as a sex offense as defined in the Sex
7		Offender Registration Act:
8		(i) not access or use a computer or any other
9		device with Internet capability without the prior
10		written approval of the offender's probation officer,
11		except in connection with the offender's employment or
12		search for employment with the prior approval of the
13		offender's probation officer;
14		(ii) submit to periodic unannounced examinations
15		of the offender's computer or any other device with
16		Internet capability by the offender's probation
17		officer, a law enforcement officer, or assigned
18		computer or information technology specialist,
19		including the retrieval and copying of all data from
20		the computer or device and any internal or external
21		peripherals and removal of such information,
22		equipment, or device to conduct a more thorough
23		inspection;
24		(iii) submit to the installation on the offender's
25		computer or device with Internet capability, at the
26		subject's expense, of one or more hardware or software

SB3733 Engrossed - 1840 - LRB096 19592 AMC 34984 b
1		systems to monitor the Internet use; and
2		(iv) submit to any other appropriate restrictions
3		concerning the offender's use of or access to a
4		computer or any other device with Internet capability
5		imposed by the offender's probation officer; and
6		(19) refrain from possessing a firearm or other
7		dangerous weapon where the offense is a misdemeanor that
8		did not involve the intentional or knowing infliction of
9		bodily harm or threat of bodily harm.
10		(c) The court may as a condition of probation or of
11		conditional discharge require that a person under 18 years of
12		age found guilty of any alcohol, cannabis or controlled
13		substance violation, refrain from acquiring a driver's license
14		during the period of probation or conditional discharge. If
15		such person is in possession of a permit or license, the court
16		may require that the minor refrain from driving or operating
17		any motor vehicle during the period of probation or conditional
18		discharge, except as may be necessary in the course of the
19		minor's lawful employment.
20		(d) An offender sentenced to probation or to conditional
21		discharge shall be given a certificate setting forth the
22		conditions thereof.
23		(e) Except where the offender has committed a fourth or
24		subsequent violation of subsection (c) of Section 6-303 of the
25		Illinois Vehicle Code, the court shall not require as a
26		condition of the sentence of probation or conditional discharge

SB3733 Engrossed - 1841 - LRB096 19592 AMC 34984 b
1		that the offender be committed to a period of imprisonment in
2		excess of 6 months. This 6 month limit shall not include
3		periods of confinement given pursuant to a sentence of county
4		impact incarceration under Section 5-8-1.2.
5		Persons committed to imprisonment as a condition of
6		probation or conditional discharge shall not be committed to
7		the Department of Corrections.
8		(f) The court may combine a sentence of periodic
9		imprisonment under Article 7 or a sentence to a county impact
10		incarceration program under Article 8 with a sentence of
11		probation or conditional discharge.
12		(g) An offender sentenced to probation or to conditional
13		discharge and who during the term of either undergoes mandatory
14		drug or alcohol testing, or both, or is assigned to be placed
15		on an approved electronic monitoring device, shall be ordered
16		to pay all costs incidental to such mandatory drug or alcohol
17		testing, or both, and all costs incidental to such approved
18		electronic monitoring in accordance with the defendant's
19		ability to pay those costs. The county board with the
20		concurrence of the Chief Judge of the judicial circuit in which
21		the county is located shall establish reasonable fees for the
22		cost of maintenance, testing, and incidental expenses related
23		to the mandatory drug or alcohol testing, or both, and all
24		costs incidental to approved electronic monitoring, involved
25		in a successful probation program for the county. The
26		concurrence of the Chief Judge shall be in the form of an

SB3733 Engrossed - 1842 - LRB096 19592 AMC 34984 b
1		administrative order. The fees shall be collected by the clerk
2		of the circuit court. The clerk of the circuit court shall pay
3		all moneys collected from these fees to the county treasurer
4		who shall use the moneys collected to defray the costs of drug
5		testing, alcohol testing, and electronic monitoring. The
6		county treasurer shall deposit the fees collected in the county
7		working cash fund under Section 6-27001 or Section 6-29002 of
8		the Counties Code, as the case may be.
9		(h) Jurisdiction over an offender may be transferred from
10		the sentencing court to the court of another circuit with the
11		concurrence of both courts. Further transfers or retransfers of
12		jurisdiction are also authorized in the same manner. The court
13		to which jurisdiction has been transferred shall have the same
14		powers as the sentencing court.
15		(i) The court shall impose upon an offender sentenced to
16		probation after January 1, 1989 or to conditional discharge
17		after January 1, 1992 or to community service under the
18		supervision of a probation or court services department after
19		January 1, 2004, as a condition of such probation or
20		conditional discharge or supervised community service, a fee of
21		$50 for each month of probation or conditional discharge
22		supervision or supervised community service ordered by the
23		court, unless after determining the inability of the person
24		sentenced to probation or conditional discharge or supervised
25		community service to pay the fee, the court assesses a lesser
26		fee. The court may not impose the fee on a minor who is made a

SB3733 Engrossed - 1843 - LRB096 19592 AMC 34984 b
1		ward of the State under the Juvenile Court Act of 1987 while
2		the minor is in placement. The fee shall be imposed only upon
3		an offender who is actively supervised by the probation and
4		court services department. The fee shall be collected by the
5		clerk of the circuit court. The clerk of the circuit court
6		shall pay all monies collected from this fee to the county
7		treasurer for deposit in the probation and court services fund
8		under Section 15.1 of the Probation and Probation Officers Act.
9		A circuit court may not impose a probation fee under this
10		subsection (i) in excess of $25 per month unless: (1) the
11		circuit court has adopted, by administrative order issued by
12		the chief judge, a standard probation fee guide determining an
13		offender's ability to pay, under guidelines developed by the
14		Administrative Office of the Illinois Courts; and (2) the
15		circuit court has authorized, by administrative order issued by
16		the chief judge, the creation of a Crime Victim's Services
17		Fund, to be administered by the Chief Judge or his or her
18		designee, for services to crime victims and their families. Of
19		the amount collected as a probation fee, up to $5 of that fee
20		collected per month may be used to provide services to crime
21		victims and their families.
22		This amendatory Act of the 93rd General Assembly deletes
23		the $10 increase in the fee under this subsection that was
24		imposed by Public Act 93-616. This deletion is intended to
25		control over any other Act of the 93rd General Assembly that
26		retains or incorporates that fee increase.

SB3733 Engrossed - 1844 - LRB096 19592 AMC 34984 b
1		(i-5) In addition to the fees imposed under subsection (i)
2		of this Section, in the case of an offender convicted of a
3		felony sex offense (as defined in the Sex Offender Management
4		Board Act) or an offense that the court or probation department
5		has determined to be sexually motivated (as defined in the Sex
6		Offender Management Board Act), the court or the probation
7		department shall assess additional fees to pay for all costs of
8		treatment, assessment, evaluation for risk and treatment, and
9		monitoring the offender, based on that offender's ability to
10		pay those costs either as they occur or under a payment plan.
11		(j) All fines and costs imposed under this Section for any
12		violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
13		Code, or a similar provision of a local ordinance, and any
14		violation of the Child Passenger Protection Act, or a similar
15		provision of a local ordinance, shall be collected and
16		disbursed by the circuit clerk as provided under Section 27.5
17		of the Clerks of Courts Act.
18		(k) Any offender who is sentenced to probation or
19		conditional discharge for a felony sex offense as defined in
20		the Sex Offender Management Board Act or any offense that the
21		court or probation department has determined to be sexually
22		motivated as defined in the Sex Offender Management Board Act
23		shall be required to refrain from any contact, directly or
24		indirectly, with any persons specified by the court and shall
25		be available for all evaluations and treatment programs
26		required by the court or the probation department.

SB3733 Engrossed - 1845 - LRB096 19592 AMC 34984 b
1		(l) The court may order an offender who is sentenced to
2		probation or conditional discharge for a violation of an order
3		of protection be placed under electronic surveillance as
4		provided in Section 5-8A-7 of this Code.
5		(Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08;
6		95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09;
7		95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10;
8		96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff.
9		8-25-09; revised 9-25-09.)
10		(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
11		Sec. 5-6-3.1. Incidents and Conditions of Supervision.
12		(a) When a defendant is placed on supervision, the court
13		shall enter an order for supervision specifying the period of
14		such supervision, and shall defer further proceedings in the
15		case until the conclusion of the period.
16		(b) The period of supervision shall be reasonable under all
17		of the circumstances of the case, but may not be longer than 2
18		years, unless the defendant has failed to pay the assessment
19		required by Section 10.3 of the Cannabis Control Act, Section
20		411.2 of the Illinois Controlled Substances Act, or Section 80
21		of the Methamphetamine Control and Community Protection Act, in
22		which case the court may extend supervision beyond 2 years.
23		Additionally, the court shall order the defendant to perform no
24		less than 30 hours of community service and not more than 120
25		hours of community service, if community service is available

SB3733 Engrossed - 1846 - LRB096 19592 AMC 34984 b
1		in the jurisdiction and is funded and approved by the county
2		board where the offense was committed, when the offense (1) was
3		related to or in furtherance of the criminal activities of an
4		organized gang or was motivated by the defendant's membership
5		in or allegiance to an organized gang; or (2) is a violation of
6		any Section of Article 24 of the Criminal Code of 1961 where a
7		disposition of supervision is not prohibited by Section 5-6-1
8		of this Code. The community service shall include, but not be
9		limited to, the cleanup and repair of any damage caused by
10		violation of Section 21-1.3 of the Criminal Code of 1961 and
11		similar damages to property located within the municipality or
12		county in which the violation occurred. Where possible and
13		reasonable, the community service should be performed in the
14		offender's neighborhood.
15		For the purposes of this Section, "organized gang" has the
16		meaning ascribed to it in Section 10 of the Illinois Streetgang
17		Terrorism Omnibus Prevention Act.
18		(c) The court may in addition to other reasonable
19		conditions relating to the nature of the offense or the
20		rehabilitation of the defendant as determined for each
21		defendant in the proper discretion of the court require that
22		the person:
23		(1) make a report to and appear in person before or
24		participate with the court or such courts, person, or
25		social service agency as directed by the court in the order
26		of supervision;

SB3733 Engrossed - 1847 - LRB096 19592 AMC 34984 b
1		(2) pay a fine and costs;
2		(3) work or pursue a course of study or vocational
3		training;
4		(4) undergo medical, psychological or psychiatric
5		treatment; or treatment for drug addiction or alcoholism;
6		(5) attend or reside in a facility established for the
7		instruction or residence of defendants on probation;
8		(6) support his dependents;
9		(7) refrain from possessing a firearm or other
10		dangerous weapon;
11		(8) and in addition, if a minor:
12		(i) reside with his parents or in a foster home;
13		(ii) attend school;
14		(iii) attend a non-residential program for youth;
15		(iv) contribute to his own support at home or in a
16		foster home; or
17		(v) with the consent of the superintendent of the
18		facility, attend an educational program at a facility
19		other than the school in which the offense was
20		committed if he or she is placed on supervision for a
21		crime of violence as defined in Section 2 of the Crime
22		Victims Compensation Act committed in a school, on the
23		real property comprising a school, or within 1,000 feet
24		of the real property comprising a school;
25		(9) make restitution or reparation in an amount not to
26		exceed actual loss or damage to property and pecuniary loss

SB3733 Engrossed - 1848 - LRB096 19592 AMC 34984 b
1		or make restitution under Section 5-5-6 to a domestic
2		violence shelter. The court shall determine the amount and
3		conditions of payment;
4		(10) perform some reasonable public or community
5		service;
6		(11) comply with the terms and conditions of an order
7		of protection issued by the court pursuant to the Illinois
8		Domestic Violence Act of 1986 or an order of protection
9		issued by the court of another state, tribe, or United
10		States territory. If the court has ordered the defendant to
11		make a report and appear in person under paragraph (1) of
12		this subsection, a copy of the order of protection shall be
13		transmitted to the person or agency so designated by the
14		court;
15		(12) reimburse any "local anti-crime program" as
16		defined in Section 7 of the Anti-Crime Advisory Council Act
17		for any reasonable expenses incurred by the program on the
18		offender's case, not to exceed the maximum amount of the
19		fine authorized for the offense for which the defendant was
20		sentenced;
21		(13) contribute a reasonable sum of money, not to
22		exceed the maximum amount of the fine authorized for the
23		offense for which the defendant was sentenced, (i) to a
24		"local anti-crime program", as defined in Section 7 of the
25		Anti-Crime Advisory Council Act, or (ii) for offenses under
26		the jurisdiction of the Department of Natural Resources, to

SB3733 Engrossed - 1849 - LRB096 19592 AMC 34984 b
1		the fund established by the Department of Natural Resources
2		for the purchase of evidence for investigation purposes and
3		to conduct investigations as outlined in Section 805-105 of
4		the Department of Natural Resources (Conservation) Law;
5		(14) refrain from entering into a designated
6		geographic area except upon such terms as the court finds
7		appropriate. Such terms may include consideration of the
8		purpose of the entry, the time of day, other persons
9		accompanying the defendant, and advance approval by a
10		probation officer;
11		(15) refrain from having any contact, directly or
12		indirectly, with certain specified persons or particular
13		types of person, including but not limited to members of
14		street gangs and drug users or dealers;
15		(16) refrain from having in his or her body the
16		presence of any illicit drug prohibited by the Cannabis
17		Control Act, the Illinois Controlled Substances Act, or the
18		Methamphetamine Control and Community Protection Act,
19		unless prescribed by a physician, and submit samples of his
20		or her blood or urine or both for tests to determine the
21		presence of any illicit drug;
22		(17) refrain from operating any motor vehicle not
23		equipped with an ignition interlock device as defined in
24		Section 1-129.1 of the Illinois Vehicle Code; under this
25		condition the court may allow a defendant who is not
26		self-employed to operate a vehicle owned by the defendant's

SB3733 Engrossed - 1850 - LRB096 19592 AMC 34984 b
1		employer that is not equipped with an ignition interlock
2		device in the course and scope of the defendant's
3		employment; and
4		(18) if placed on supervision for a sex offense as
5		defined in subsection (a-5) of Section 3-1-2 of this Code,
6		unless the offender is a parent or guardian of the person
7		under 18 years of age present in the home and no
8		non-familial minors are present, not participate in a
9		holiday event involving children under 18 years of age,
10		such as distributing candy or other items to children on
11		Halloween, wearing a Santa Claus costume on or preceding
12		Christmas, being employed as a department store Santa
13		Claus, or wearing an Easter Bunny costume on or preceding
14		Easter.
15		(d) The court shall defer entering any judgment on the
16		charges until the conclusion of the supervision.
17		(e) At the conclusion of the period of supervision, if the
18		court determines that the defendant has successfully complied
19		with all of the conditions of supervision, the court shall
20		discharge the defendant and enter a judgment dismissing the
21		charges.
22		(f) Discharge and dismissal upon a successful conclusion of
23		a disposition of supervision shall be deemed without
24		adjudication of guilt and shall not be termed a conviction for
25		purposes of disqualification or disabilities imposed by law
26		upon conviction of a crime. Two years after the discharge and

SB3733 Engrossed - 1851 - LRB096 19592 AMC 34984 b
1		dismissal under this Section, unless the disposition of
2		supervision was for a violation of Sections 3-707, 3-708,
3		3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
4		similar provision of a local ordinance, or for a violation of
5		Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which
6		case it shall be 5 years after discharge and dismissal, a
7		person may have his record of arrest sealed or expunged as may
8		be provided by law. However, any defendant placed on
9		supervision before January 1, 1980, may move for sealing or
10		expungement of his arrest record, as provided by law, at any
11		time after discharge and dismissal under this Section. A person
12		placed on supervision for a sexual offense committed against a
13		minor as defined in clause (a)(1)(L) of Section 5.2 of the
14		Criminal Identification Act or for a violation of Section
15		11-501 of the Illinois Vehicle Code or a similar provision of a
16		local ordinance shall not have his or her record of arrest
17		sealed or expunged.
18		(g) A defendant placed on supervision and who during the
19		period of supervision undergoes mandatory drug or alcohol
20		testing, or both, or is assigned to be placed on an approved
21		electronic monitoring device, shall be ordered to pay the costs
22		incidental to such mandatory drug or alcohol testing, or both,
23		and costs incidental to such approved electronic monitoring in
24		accordance with the defendant's ability to pay those costs. The
25		county board with the concurrence of the Chief Judge of the
26		judicial circuit in which the county is located shall establish

SB3733 Engrossed - 1852 - LRB096 19592 AMC 34984 b
1		reasonable fees for the cost of maintenance, testing, and
2		incidental expenses related to the mandatory drug or alcohol
3		testing, or both, and all costs incidental to approved
4		electronic monitoring, of all defendants placed on
5		supervision. The concurrence of the Chief Judge shall be in the
6		form of an administrative order. The fees shall be collected by
7		the clerk of the circuit court. The clerk of the circuit court
8		shall pay all moneys collected from these fees to the county
9		treasurer who shall use the moneys collected to defray the
10		costs of drug testing, alcohol testing, and electronic
11		monitoring. The county treasurer shall deposit the fees
12		collected in the county working cash fund under Section 6-27001
13		or Section 6-29002 of the Counties Code, as the case may be.
14		(h) A disposition of supervision is a final order for the
15		purposes of appeal.
16		(i) The court shall impose upon a defendant placed on
17		supervision after January 1, 1992 or to community service under
18		the supervision of a probation or court services department
19		after January 1, 2004, as a condition of supervision or
20		supervised community service, a fee of $50 for each month of
21		supervision or supervised community service ordered by the
22		court, unless after determining the inability of the person
23		placed on supervision or supervised community service to pay
24		the fee, the court assesses a lesser fee. The court may not
25		impose the fee on a minor who is made a ward of the State under
26		the Juvenile Court Act of 1987 while the minor is in placement.

SB3733 Engrossed - 1853 - LRB096 19592 AMC 34984 b
1		The fee shall be imposed only upon a defendant who is actively
2		supervised by the probation and court services department. The
3		fee shall be collected by the clerk of the circuit court. The
4		clerk of the circuit court shall pay all monies collected from
5		this fee to the county treasurer for deposit in the probation
6		and court services fund pursuant to Section 15.1 of the
7		Probation and Probation Officers Act.
8		A circuit court may not impose a probation fee in excess of
9		$25 per month unless: (1) the circuit court has adopted, by
10		administrative order issued by the chief judge, a standard
11		probation fee guide determining an offender's ability to pay,
12		under guidelines developed by the Administrative Office of the
13		Illinois Courts; and (2) the circuit court has authorized, by
14		administrative order issued by the chief judge, the creation of
15		a Crime Victim's Services Fund, to be administered by the Chief
16		Judge or his or her designee, for services to crime victims and
17		their families. Of the amount collected as a probation fee, not
18		to exceed $5 of that fee collected per month may be used to
19		provide services to crime victims and their families.
20		(j) All fines and costs imposed under this Section for any
21		violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
22		Code, or a similar provision of a local ordinance, and any
23		violation of the Child Passenger Protection Act, or a similar
24		provision of a local ordinance, shall be collected and
25		disbursed by the circuit clerk as provided under Section 27.5
26		of the Clerks of Courts Act.

SB3733 Engrossed - 1854 - LRB096 19592 AMC 34984 b
1		(k) A defendant at least 17 years of age who is placed on
2		supervision for a misdemeanor in a county of 3,000,000 or more
3		inhabitants and who has not been previously convicted of a
4		misdemeanor or felony may as a condition of his or her
5		supervision be required by the court to attend educational
6		courses designed to prepare the defendant for a high school
7		diploma and to work toward a high school diploma or to work
8		toward passing the high school level Test of General
9		Educational Development (GED) or to work toward completing a
10		vocational training program approved by the court. The
11		defendant placed on supervision must attend a public
12		institution of education to obtain the educational or
13		vocational training required by this subsection (k). The
14		defendant placed on supervision shall be required to pay for
15		the cost of the educational courses or GED test, if a fee is
16		charged for those courses or test. The court shall revoke the
17		supervision of a person who wilfully fails to comply with this
18		subsection (k). The court shall resentence the defendant upon
19		revocation of supervision as provided in Section 5-6-4. This
20		subsection (k) does not apply to a defendant who has a high
21		school diploma or has successfully passed the GED test. This
22		subsection (k) does not apply to a defendant who is determined
23		by the court to be developmentally disabled or otherwise
24		mentally incapable of completing the educational or vocational
25		program.
26		(l) The court shall require a defendant placed on

SB3733 Engrossed - 1855 - LRB096 19592 AMC 34984 b
1		supervision for possession of a substance prohibited by the
2		Cannabis Control Act, the Illinois Controlled Substances Act,
3		or the Methamphetamine Control and Community Protection Act
4		after a previous conviction or disposition of supervision for
5		possession of a substance prohibited by the Cannabis Control
6		Act, the Illinois Controlled Substances Act, or the
7		Methamphetamine Control and Community Protection Act or a
8		sentence of probation under Section 10 of the Cannabis Control
9		Act or Section 410 of the Illinois Controlled Substances Act
10		and after a finding by the court that the person is addicted,
11		to undergo treatment at a substance abuse program approved by
12		the court.
13		(m) The Secretary of State shall require anyone placed on
14		court supervision for a violation of Section 3-707 of the
15		Illinois Vehicle Code or a similar provision of a local
16		ordinance to give proof of his or her financial responsibility
17		as defined in Section 7-315 of the Illinois Vehicle Code. The
18		proof shall be maintained by the individual in a manner
19		satisfactory to the Secretary of State for a minimum period of
20		3 years after the date the proof is first filed. The proof
21		shall be limited to a single action per arrest and may not be
22		affected by any post-sentence disposition. The Secretary of
23		State shall suspend the driver's license of any person
24		determined by the Secretary to be in violation of this
25		subsection.
26		(n) Any offender placed on supervision for any offense that

SB3733 Engrossed - 1856 - LRB096 19592 AMC 34984 b
1		the court or probation department has determined to be sexually
2		motivated as defined in the Sex Offender Management Board Act
3		shall be required to refrain from any contact, directly or
4		indirectly, with any persons specified by the court and shall
5		be available for all evaluations and treatment programs
6		required by the court or the probation department.
7		(o) An offender placed on supervision for a sex offense as
8		defined in the Sex Offender Management Board Act shall refrain
9		from residing at the same address or in the same condominium
10		unit or apartment unit or in the same condominium complex or
11		apartment complex with another person he or she knows or
12		reasonably should know is a convicted sex offender or has been
13		placed on supervision for a sex offense. The provisions of this
14		subsection (o) do not apply to a person convicted of a sex
15		offense who is placed in a Department of Corrections licensed
16		transitional housing facility for sex offenders.
17		(p) An offender placed on supervision for an offense
18		committed on or after June 1, 2008 (the effective date of
19		Public Act 95-464) that would qualify the accused as a child
20		sex offender as defined in Section 11-9.3 or 11-9.4 of the
21		Criminal Code of 1961 shall refrain from communicating with or
22		contacting, by means of the Internet, a person who is not
23		related to the accused and whom the accused reasonably believes
24		to be under 18 years of age. For purposes of this subsection
25		(p), "Internet" has the meaning ascribed to it in Section 16J-5
26		of the Criminal Code of 1961; and a person is not related to

SB3733 Engrossed - 1857 - LRB096 19592 AMC 34984 b
1		the accused if the person is not: (i) the spouse, brother, or
2		sister of the accused; (ii) a descendant of the accused; (iii)
3		a first or second cousin of the accused; or (iv) a step-child
4		or adopted child of the accused.
5		(q) An offender placed on supervision for an offense
6		committed on or after June 1, 2008 (the effective date of
7		Public Act 95-464) that would qualify the accused as a child
8		sex offender as defined in Section 11-9.3 or 11-9.4 of the
9		Criminal Code of 1961 shall, if so ordered by the court,
10		refrain from communicating with or contacting, by means of the
11		Internet, a person who is related to the accused and whom the
12		accused reasonably believes to be under 18 years of age. For
13		purposes of this subsection (q), "Internet" has the meaning
14		ascribed to it in Section 16J-5 of the Criminal Code of 1961;
15		and a person is related to the accused if the person is: (i)
16		the spouse, brother, or sister of the accused; (ii) a
17		descendant of the accused; (iii) a first or second cousin of
18		the accused; or (iv) a step-child or adopted child of the
19		accused.
20		(r) An offender placed on supervision for an offense under
21		Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of
22		the Criminal Code of 1961, or any attempt to commit any of
23		these offenses, committed on or after the effective date of
24		this amendatory Act of the 95th General Assembly shall:
25		(i) not access or use a computer or any other device
26		with Internet capability without the prior written

SB3733 Engrossed - 1858 - LRB096 19592 AMC 34984 b
1		approval of the court, except in connection with the
2		offender's employment or search for employment with the
3		prior approval of the court;
4		(ii) submit to periodic unannounced examinations of
5		the offender's computer or any other device with Internet
6		capability by the offender's probation officer, a law
7		enforcement officer, or assigned computer or information
8		technology specialist, including the retrieval and copying
9		of all data from the computer or device and any internal or
10		external peripherals and removal of such information,
11		equipment, or device to conduct a more thorough inspection;
12		(iii) submit to the installation on the offender's
13		computer or device with Internet capability, at the
14		offender's expense, of one or more hardware or software
15		systems to monitor the Internet use; and
16		(iv) submit to any other appropriate restrictions
17		concerning the offender's use of or access to a computer or
18		any other device with Internet capability imposed by the
19		court.
20		(s) An offender placed on supervision for an offense that
21		is a sex offense as defined in Section 2 of the Sex Offender
22		Registration Act that is committed on or after January 1, 2010
23		(the effective date of Public Act 96-362) this amendatory Act
24		of the 96th General Assembly that requires the person to
25		register as a sex offender under that Act, may not knowingly
26		use any computer scrub software on any computer that the sex

SB3733 Engrossed - 1859 - LRB096 19592 AMC 34984 b
1		offender uses.
2		(t) (s) An offender placed on supervision for a sex offense
3		as defined in the Sex Offender Registration Act committed on or
4		after January 1, 2010 (the effective date of Public Act 96-262)
5		this amendatory Act of the 96th General Assembly shall refrain
6		from accessing or using a social networking website as defined
7		in Section 16D-2 of the Criminal Code of 1961.
8		(Source: P.A. 95-211, eff. 1-1-08; 95-331, eff. 8-21-07;
9		95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. 8-21-08;
10		95-983, eff. 6-1-09; 96-262, eff. 1-1-10; 96-362, eff. 1-1-10;
11		96-409, eff. 1-1-10; revised 9-25-09.)
12		(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
13		Sec. 5-8-1. Natural life imprisonment; mandatory
14		supervised release.
15		(a) Except as otherwise provided in the statute defining
16		the offense or in Article 4.5 of Chapter V, a sentence of
17		imprisonment for a felony shall be a determinate sentence set
18		by the court under this Section, according to the following
19		limitations:
20		(1) for first degree murder,
21		(a) (blank),
22		(b) if a trier of fact finds beyond a reasonable
23		doubt that the murder was accompanied by exceptionally
24		brutal or heinous behavior indicative of wanton
25		cruelty or, except as set forth in subsection (a)(1)(c)

SB3733 Engrossed - 1860 - LRB096 19592 AMC 34984 b
1		of this Section, that any of the aggravating factors
2		listed in subsection (b) of Section 9-1 of the Criminal
3		Code of 1961 are present, the court may sentence the
4		defendant to a term of natural life imprisonment, or
5		(c) the court shall sentence the defendant to a
6		term of natural life imprisonment when the death
7		penalty is not imposed if the defendant,
8		(i) has previously been convicted of first
9		degree murder under any state or federal law, or
10		(ii) is a person who, at the time of the
11		commission of the murder, had attained the age of
12		17 or more and is found guilty of murdering an
13		individual under 12 years of age; or, irrespective
14		of the defendant's age at the time of the
15		commission of the offense, is found guilty of
16		murdering more than one victim, or
17		(iii) is found guilty of murdering a peace
18		officer, fireman, or emergency management worker
19		when the peace officer, fireman, or emergency
20		management worker was killed in the course of
21		performing his official duties, or to prevent the
22		peace officer or fireman from performing his
23		official duties, or in retaliation for the peace
24		officer, fireman, or emergency management worker
25		from performing his official duties, and the
26		defendant knew or should have known that the

SB3733 Engrossed - 1861 - LRB096 19592 AMC 34984 b
1		murdered individual was a peace officer, fireman,
2		or emergency management worker, or
3		(iv) is found guilty of murdering an employee
4		of an institution or facility of the Department of
5		Corrections, or any similar local correctional
6		agency, when the employee was killed in the course
7		of performing his official duties, or to prevent
8		the employee from performing his official duties,
9		or in retaliation for the employee performing his
10		official duties, or
11		(v) is found guilty of murdering an emergency
12		medical technician - ambulance, emergency medical
13		technician - intermediate, emergency medical
14		technician - paramedic, ambulance driver or other
15		medical assistance or first aid person while
16		employed by a municipality or other governmental
17		unit when the person was killed in the course of
18		performing official duties or to prevent the
19		person from performing official duties or in
20		retaliation for performing official duties and the
21		defendant knew or should have known that the
22		murdered individual was an emergency medical
23		technician - ambulance, emergency medical
24		technician - intermediate, emergency medical
25		technician - paramedic, ambulance driver, or other
26		medical assistant or first aid personnel, or

SB3733 Engrossed - 1862 - LRB096 19592 AMC 34984 b
1		(vi) is a person who, at the time of the
2		commission of the murder, had not attained the age
3		of 17, and is found guilty of murdering a person
4		under 12 years of age and the murder is committed
5		during the course of aggravated criminal sexual
6		assault, criminal sexual assault, or aggravated
7		kidnaping, or
8		(vii) is found guilty of first degree murder
9		and the murder was committed by reason of any
10		person's activity as a community policing
11		volunteer or to prevent any person from engaging in
12		activity as a community policing volunteer. For
13		the purpose of this Section, "community policing
14		volunteer" has the meaning ascribed to it in
15		Section 2-3.5 of the Criminal Code of 1961.
16		For purposes of clause (v), "emergency medical
17		technician - ambulance", "emergency medical technician -
18		intermediate", "emergency medical technician -
19		paramedic", have the meanings ascribed to them in the
20		Emergency Medical Services (EMS) Systems Act.
21		(d) (i) if the person committed the offense while
22		armed with a firearm, 15 years shall be added to
23		the term of imprisonment imposed by the court;
24		(ii) if, during the commission of the offense,
25		the person personally discharged a firearm, 20
26		years shall be added to the term of imprisonment

SB3733 Engrossed - 1863 - LRB096 19592 AMC 34984 b
1		imposed by the court;
2		(iii) if, during the commission of the
3		offense, the person personally discharged a
4		firearm that proximately caused great bodily harm,
5		permanent disability, permanent disfigurement, or
6		death to another person, 25 years or up to a term
7		of natural life shall be added to the term of
8		imprisonment imposed by the court.
9		(2) (blank);
10		(2.5) for a person convicted under the circumstances
11		described in paragraph (3) of subsection (b) of Section
12		12-13, paragraph (2) of subsection (d) of Section 12-14,
13		paragraph (1.2) of subsection (b) of Section 12-14.1, or
14		paragraph (2) of subsection (b) of Section 12-14.1 of the
15		Criminal Code of 1961, the sentence shall be a term of
16		natural life imprisonment.
17		(b) (Blank.).
18		(c) (Blank.).
19		(d) Subject to earlier termination under Section 3-3-8, the
20		parole or mandatory supervised release term shall be as
21		follows:
22		(1) for first degree murder or a Class X felony except
23		for the offenses of predatory criminal sexual assault of a
24		child, aggravated criminal sexual assault, and criminal
25		sexual assault if committed on or after the effective date
26		of this amendatory Act of the 94th General Assembly and

SB3733 Engrossed - 1864 - LRB096 19592 AMC 34984 b
1		except for the offense of aggravated child pornography
2		under Section 11-20.3 of the Criminal Code of 1961, if
3		committed on or after January 1, 2009, 3 years;
4		(2) for a Class 1 felony or a Class 2 felony except for
5		the offense of criminal sexual assault if committed on or
6		after the effective date of this amendatory Act of the 94th
7		General Assembly and except for the offenses of manufacture
8		and dissemination of child pornography under clauses
9		(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
10		of 1961, if committed on or after January 1, 2009, 2 years;
11		(3) for a Class 3 felony or a Class 4 felony, 1 year;
12		(4) for defendants who commit the offense of predatory
13		criminal sexual assault of a child, aggravated criminal
14		sexual assault, or criminal sexual assault, on or after the
15		effective date of this amendatory Act of the 94th General
16		Assembly, or who commit the offense of aggravated child
17		pornography, manufacture of child pornography, or
18		dissemination of child pornography after January 1, 2009,
19		the term of mandatory supervised release shall range from a
20		minimum of 3 years to a maximum of the natural life of the
21		defendant;
22		(5) if the victim is under 18 years of age, for a
23		second or subsequent offense of aggravated criminal sexual
24		abuse or felony criminal sexual abuse, 4 years, at least
25		the first 2 years of which the defendant shall serve in an
26		electronic home detention program under Article 8A of

SB3733 Engrossed - 1865 - LRB096 19592 AMC 34984 b
1		Chapter V of this Code;
2		(6) for a felony domestic battery, aggravated domestic
3		battery, stalking, aggravated stalking, and a felony
4		violation of an order of protection, 4 years.
5		(e) (Blank.).
6		(f) (Blank.).
7		(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
8		96-282, eff. 1-1-10; revised 9-4-09.)
9		(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
10		Sec. 5-8-4. Concurrent and consecutive terms of
11		imprisonment.
12		(a) Concurrent terms; multiple or additional sentences.
13		When an Illinois court (i) imposes multiple sentences of
14		imprisonment on a defendant at the same time or (ii) imposes a
15		sentence of imprisonment on a defendant who is already subject
16		to a sentence of imprisonment imposed by an Illinois court, a
17		court of another state, or a federal court, then the sentences
18		shall run concurrently unless otherwise determined by the
19		Illinois court under this Section.
20		(b) Concurrent terms; misdemeanor and felony. A defendant
21		serving a sentence for a misdemeanor who is convicted of a
22		felony and sentenced to imprisonment shall be transferred to
23		the Department of Corrections, and the misdemeanor sentence
24		shall be merged in and run concurrently with the felony
25		sentence.

SB3733 Engrossed - 1866 - LRB096 19592 AMC 34984 b
1		(c) Consecutive terms; permissive. The court may impose
2		consecutive sentences in any of the following circumstances:
3		(1) If, having regard to the nature and circumstances
4		of the offense and the history and character of the
5		defendant, it is the opinion of the court that consecutive
6		sentences are required to protect the public from further
7		criminal conduct by the defendant, the basis for which the
8		court shall set forth in the record.
9		(2) If one of the offenses for which a defendant was
10		convicted was a violation of Section 32-5.2 (aggravated
11		false personation of a peace officer) of the Criminal Code
12		of 1961 (720 ILCS 5/32-5.2) and the offense was committed
13		in attempting or committing a forcible felony.
14		(d) Consecutive terms; mandatory. The court shall impose
15		consecutive sentences in each of the following circumstances:
16		(1) One of the offenses for which the defendant was
17		convicted was first degree murder or a Class X or Class 1
18		felony and the defendant inflicted severe bodily injury.
19		(2) The defendant was convicted of a violation of
20		Section 12-13 (criminal sexual assault), 12-14 (aggravated
21		criminal sexual assault), or 12-14.1 (predatory criminal
22		sexual assault of a child) of the Criminal Code of 1961
23		(720 ILCS 5/12-13, 5/12-14, or 5/12-14.1).
24		(3) The defendant was convicted of armed violence based
25		upon the predicate offense of any of the following:
26		solicitation of murder, solicitation of murder for hire,

SB3733 Engrossed - 1867 - LRB096 19592 AMC 34984 b
1		heinous battery, aggravated battery of a senior citizen,
2		criminal sexual assault, a violation of subsection (g) of
3		Section 5 of the Cannabis Control Act (720 ILCS 550/5),
4		cannabis trafficking, a violation of subsection (a) of
5		Section 401 of the Illinois Controlled Substances Act (720
6		ILCS 570/401), controlled substance trafficking involving
7		a Class X felony amount of controlled substance under
8		Section 401 of the Illinois Controlled Substances Act (720
9		ILCS 570/401), a violation of the Methamphetamine Control
10		and Community Protection Act (720 ILCS 646/), calculated
11		criminal drug conspiracy, or streetgang criminal drug
12		conspiracy.
13		(4) The defendant was convicted of the offense of
14		leaving the scene of a motor vehicle accident involving
15		death or personal injuries under Section 11-401 of the
16		Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
17		aggravated driving under the influence of alcohol, other
18		drug or drugs, or intoxicating compound or compounds, or
19		any combination thereof under Section 11-501 of the
20		Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
21		homicide under Section 9-3 of the Criminal Code of 1961
22		(720 ILCS 5/9-3), or (C) both an offense described in item
23		(A) and an offense described in item (B).
24		(5) The defendant was convicted of a violation of
25		Section 9-3.1 (concealment of homicidal death) or Section
26		12-20.5 (dismembering a human body) of the Criminal Code of

SB3733 Engrossed - 1868 - LRB096 19592 AMC 34984 b
1		1961 (720 ILCS 5/9-3.1 or 5/12-20.5). or
2		(5.5) The (vi) the defendant was convicted of a
3		violation of Section 24-3.7 (use of a stolen firearm in the
4		commission of an offense) of the Criminal Code of 1961. ,
5		(6) If the defendant was in the custody of the
6		Department of Corrections at the time of the commission of
7		the offense, the sentence shall be served consecutive to
8		the sentence under which the defendant is held by the
9		Department of Corrections. If, however, the defendant is
10		sentenced to punishment by death, the sentence shall be
11		executed at such time as the court may fix without regard
12		to the sentence under which the defendant may be held by
13		the Department.
14		(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
15		for escape or attempted escape shall be served consecutive
16		to the terms under which the offender is held by the
17		Department of Corrections.
18		(8) If a person charged with a felony commits a
19		separate felony while on pretrial release or in pretrial
20		detention in a county jail facility or county detention
21		facility, then the sentences imposed upon conviction of
22		these felonies shall be served consecutively regardless of
23		the order in which the judgments of conviction are entered.
24		(8.5) If a person commits a battery against a county
25		correctional officer or sheriff's employee while serving a
26		sentence or in pretrial detention in a county jail

SB3733 Engrossed - 1869 - LRB096 19592 AMC 34984 b
1		facility, then the sentence imposed upon conviction of the
2		battery shall be served consecutively with the sentence
3		imposed upon conviction of the earlier misdemeanor or
4		felony, regardless of the order in which the judgments of
5		conviction are entered.
6		(9) If a person admitted to bail following conviction
7		of a felony commits a separate felony while free on bond or
8		if a person detained in a county jail facility or county
9		detention facility following conviction of a felony
10		commits a separate felony while in detention, then any
11		sentence following conviction of the separate felony shall
12		be consecutive to that of the original sentence for which
13		the defendant was on bond or detained.
14		(10) If a person is found to be in possession of an
15		item of contraband, as defined in clause (c)(2) of Section
16		31A-1.1 of the Criminal Code of 1961, while serving a
17		sentence in a county jail or while in pre-trial detention
18		in a county jail, the sentence imposed upon conviction for
19		the offense of possessing contraband in a penal institution
20		shall be served consecutively to the sentence imposed for
21		the offense in which the person is serving sentence in the
22		county jail or serving pretrial detention, regardless of
23		the order in which the judgments of conviction are entered.
24		(e) Consecutive terms; subsequent non-Illinois term. If an
25		Illinois court has imposed a sentence of imprisonment on a
26		defendant and the defendant is subsequently sentenced to a term

SB3733 Engrossed - 1870 - LRB096 19592 AMC 34984 b
1		of imprisonment by a court of another state or a federal court,
2		then the Illinois sentence shall run consecutively to the
3		sentence imposed by the court of the other state or the federal
4		court. That same Illinois court, however, may order that the
5		Illinois sentence run concurrently with the sentence imposed by
6		the court of the other state or the federal court, but only if
7		the defendant applies to that same Illinois court within 30
8		days after the sentence imposed by the court of the other state
9		or the federal court is finalized.
10		(f) Consecutive terms; aggregate maximums and minimums.
11		The aggregate maximum and aggregate minimum of consecutive
12		sentences shall be determined as follows:
13		(1) For sentences imposed under law in effect prior to
14		February 1, 1978, the aggregate maximum of consecutive
15		sentences shall not exceed the maximum term authorized
16		under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
17		Chapter V for the 2 most serious felonies involved. The
18		aggregate minimum period of consecutive sentences shall
19		not exceed the highest minimum term authorized under
20		Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
21		V for the 2 most serious felonies involved. When sentenced
22		only for misdemeanors, a defendant shall not be
23		consecutively sentenced to more than the maximum for one
24		Class A misdemeanor.
25		(2) For sentences imposed under the law in effect on or
26		after February 1, 1978, the aggregate of consecutive

SB3733 Engrossed - 1871 - LRB096 19592 AMC 34984 b
1		sentences for offenses that were committed as part of a
2		single course of conduct during which there was no
3		substantial change in the nature of the criminal objective
4		shall not exceed the sum of the maximum terms authorized
5		under Section 5-8-2 (730 ILCS 5/5-8-2) for the 2 most
6		serious felonies involved, but no such limitation shall
7		apply for offenses that were not committed as part of a
8		single course of conduct during which there was no
9		substantial change in the nature of the criminal objective.
10		When sentenced only for misdemeanors, a defendant shall not
11		be consecutively sentenced to more than the maximum for one
12		Class A misdemeanor.
13		(g) Consecutive terms; manner served. In determining the
14		manner in which consecutive sentences of imprisonment, one or
15		more of which is for a felony, will be served, the Department
16		of Corrections shall treat the defendant as though he or she
17		had been committed for a single term subject to each of the
18		following:
19		(1) The maximum period of a term of imprisonment shall
20		consist of the aggregate of the maximums of the imposed
21		indeterminate terms, if any, plus the aggregate of the
22		imposed determinate sentences for felonies, plus the
23		aggregate of the imposed determinate sentences for
24		misdemeanors, subject to subsection (f) of this Section.
25		(2) The parole or mandatory supervised release term
26		shall be as provided in paragraph (e) of Section 5-4.5-50

SB3733 Engrossed - 1872 - LRB096 19592 AMC 34984 b
1		(730 ILCS 5/5-4.5-50) for the most serious of the offenses
2		involved.
3		(3) The minimum period of imprisonment shall be the
4		aggregate of the minimum and determinate periods of
5		imprisonment imposed by the court, subject to subsection
6		(f) of this Section.
7		(4) The defendant shall be awarded credit against the
8		aggregate maximum term and the aggregate minimum term of
9		imprisonment for all time served in an institution since
10		the commission of the offense or offenses and as a
11		consequence thereof at the rate specified in Section 3-6-3
12		(730 ILCS 5/3-6-3).
13		(Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09;
14		95-1052, eff. 7-1-09; 96-190, eff. 1-1-10; revised 8-20-09.)
15		(730 ILCS 5/5-8-8)
16		(Section scheduled to be repealed on December 31, 2012)
17		Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
18		(a) Creation. There is created under the jurisdiction of
19		the Governor the Illinois Sentencing Policy Advisory Council,
20		hereinafter referred to as the Council.
21		(b) Purposes and goals. The purpose of the Council is to
22		review sentencing policies and practices and examine how these
23		policies and practices impact the criminal justice system as a
24		whole in the State of Illinois. In carrying out its duties, the
25		Council shall be mindful of and aim to achieve the purposes of

SB3733 Engrossed - 1873 - LRB096 19592 AMC 34984 b
1		sentencing in Illinois, which are set out in Section 1-1-2 of
2		this Code:
3		(1) prescribe sanctions proportionate to the
4		seriousness of the offenses and permit the recognition of
5		differences in rehabilitation possibilities among
6		individual offenders;
7		(2) forbid and prevent the commission of offenses;
8		(3) prevent arbitrary or oppressive treatment of
9		persons adjudicated offenders or delinquents; and
10		(4) restore offenders to useful citizenship.
11		(c) Council composition.
12		(1) The Council shall consist of the following members:
13		(A) the President of the Senate, or his or her
14		designee;
15		(B) the Minority Leader of the Senate, or his or
16		her designee;
17		(C) the Speaker of the House, or his or her
18		designee;
19		(D) the Minority Leader of the House, or his or her
20		designee;
21		(E) the Governor, or his or her designee;
22		(F) the Attorney General, or his or her designee;
23		(G) two retired judges, who may have been circuit,
24		appellate or supreme court judges, selected by the members
25		of the Council designated in clauses (c)(1)(A) through (L);
26		(H) the Cook County State's Attorney, or his or her

SB3733 Engrossed - 1874 - LRB096 19592 AMC 34984 b
1		designee;
2		(I) the Cook County Public Defender, or his or her
3		designee;
4		(J) a State's Attorney not from Cook County,
5		appointed by the State's Attorney's Appellate
6		Prosecutor;
7		(K) the State Appellate Defender, or his or her
8		designee;
9		(L) the Director of the Administrative Office of
10		the Illinois Courts, or his or her designee;
11		(M) a victim of a violent felony or a
12		representative of a crime victims' organization,
13		selected by the members of the Council designated in
14		clauses (c)(1)(A) through (L);
15		(N) a representative of a community-based
16		organization, selected by the members of the Council
17		designated in clauses (c)(1)(A) through (L);
18		(O) a criminal justice academic researcher, to be
19		selected by the members of the Council designated in
20		clauses (c)(1)(A) through (L);
21		(P) a representative of law enforcement from a unit
22		of local government to be selected by the members of
23		the Council designated in clauses (c)(1)(A) through
24		(L);
25		(Q) a sheriff selected by the members of the
26		Council designated in clauses (c)(1)(A) through (L);

SB3733 Engrossed - 1875 - LRB096 19592 AMC 34984 b
1		and
2		(R) ex-officio members shall include:
3		(i) the Director of Corrections, or his or her
4		designee;
5		(ii) the Chair of the Prisoner Review Board, or
6		his or her designee;
7		(iii) the Director of the Illinois State
8		Police, or his or her designee;
9		(iv) the Director of the Illinois Criminal
10		Justice Information Authority, or his or her
11		designee; and
12		(v) the assistant Director of the
13		Administrative Office of the Illinois Courts, or
14		his or her designee. ; and
15		(1.5) The (T) the Chair and Vice Chair shall be elected
16		from among its members by a majority of the members of the
17		Council.
18		(2) Members of the Council who serve because of their
19		public office or position, or those who are designated as
20		members by such officials, shall serve only as long as they
21		hold such office or position.
22		(3) Council members shall serve without compensation
23		but shall be reimbursed for travel and per diem expenses
24		incurred in their work for the Council.
25		(4) The Council may exercise any power, perform any
26		function, take any action, or do anything in furtherance of

SB3733 Engrossed - 1876 - LRB096 19592 AMC 34984 b
1		its purposes and goals upon the appointment of a quorum of
2		its members. The term of office of each member of the
3		Council ends on the date of repeal of this amendatory Act
4		of the 96th General Assembly.
5		(d) Duties. The Council shall perform, as resources permit,
6		duties including:
7		(1) Collect and analyze information including
8		sentencing data, crime trends, and existing correctional
9		resources to support legislative and executive action
10		affecting the use of correctional resources on the State
11		and local levels.
12		(2) Prepare criminal justice population projections
13		annually, including correctional and community-based
14		supervision populations.
15		(3) Analyze data relevant to proposed sentencing
16		legislation and its effect on current policies or
17		practices, and provide information to support
18		evidence-based sentencing.
19		(4) Ensure that adequate resources and facilities are
20		available for carrying out sentences imposed on offenders
21		and that rational priorities are established for the use of
22		those resources. To do so, the Council shall prepare
23		criminal justice resource statements, identifying the
24		fiscal and practical effects of proposed criminal
25		sentencing legislation, including, but not limited to, the
26		correctional population, court processes, and county or

SB3733 Engrossed - 1877 - LRB096 19592 AMC 34984 b
1		local government resources.
2		(5) Perform such other studies or tasks pertaining to
3		sentencing policies as may be requested by the Governor or
4		the Illinois General Assembly.
5		(6) Perform such other functions as may be required by
6		law or as are necessary to carry out the purposes and goals
7		of the Council prescribed in subsection (b).
8		(e) Authority.
9		(1) The Council shall have the power to perform the
10		functions necessary to carry out its duties, purposes and
11		goals under this Act. In so doing, the Council shall
12		utilize information and analysis developed by the Illinois
13		Criminal Justice Information Authority, the Administrative
14		Office of the Illinois Courts, and the Illinois Department
15		of Corrections.
16		(2) Upon request from the Council, each executive
17		agency and department of State and local government shall
18		provide information and records to the Council in the
19		execution of its duties.
20		(f) Report. The Council shall report in writing annually to
21		the General Assembly and the Governor.
22		(g) This Section is repealed on December 31, 2012.
23		(Source: P.A. 96-711, eff. 8-25-09; revised 11-4-09.)
24		(730 ILCS 5/5-9-1.1-5)
25		Sec. 5-9-1.1-5. Methamphetamine related offenses.

SB3733 Engrossed - 1878 - LRB096 19592 AMC 34984 b
1		(a) When a person has been adjudged guilty of a
2		methamphetamine related offense involving possession or
3		delivery of methamphetamine or any salt of an optical isomer of
4		methamphetamine or possession of a methamphetamine
5		manufacturing material as set forth in Section 10 of the
6		Methamphetamine Control and Community Protection Act with the
7		intent to manufacture a substance containing methamphetamine
8		or salt of an optical isomer of methamphetamine, in addition to
9		any other penalty imposed, a fine shall be levied by the court
10		at not less than the full street value of the methamphetamine
11		or salt of an optical isomer of methamphetamine or
12		methamphetamine manufacturing materials seized.
13		"Street value" shall be determined by the court on the
14		basis of testimony of law enforcement personnel and the
15		defendant as to the amount seized and such testimony as may be
16		required by the court as to the current street value of the
17		methamphetamine or salt of an optical isomer of methamphetamine
18		or methamphetamine manufacturing materials seized.
19		(b) In addition to any penalty imposed under subsection (a)
20		of this Section, a fine of $100 shall be levied by the court,
21		the proceeds of which shall be collected by the Circuit Clerk
22		and remitted to the State Treasurer under Section 27.6 of the
23		Clerks of Courts Act for deposit into the Methamphetamine Law
24		Enforcement Fund and allocated as provided in subsection (d) of
25		Section 5-9-1.2.
26		(c) In addition to any penalty imposed under subsection (a)

SB3733 Engrossed - 1879 - LRB096 19592 AMC 34984 b
1		of this Section, a $25 assessment shall be assessed by the
2		court, the proceeds of which shall be collected by the Circuit
3		Clerk and remitted to the State Treasurer for deposit into the
4		State Police Services Fund and shall be used for grants by the
5		Department of State Police to drug task forces and Metropolitan
6		Enforcement Groups in accordance with the Intergovernmental
7		Drug Laws Enforcement Act.
8		(Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10;
9		revised 9-25-09.)
10		(730 ILCS 5/5-9-1.17)
11		Sec. 5-9-1.17. Additional fine to fund expungement of
12		juvenile records.
13		(a) There shall be added to every penalty imposed in
14		sentencing for a criminal offense an additional fine of $30 to
15		be imposed upon a plea of guilty or finding of guilty resulting
16		in a judgment of conviction.
17		(b) Ten dollars of each such additional fine shall be
18		remitted to the State Treasurer for deposit into the State
19		Police Services Fund to be used to implement the expungement of
20		juvenile records as provided in Section 5-622 of the Juvenile
21		Court Act of 1987, $10 shall be paid to the State's Attorney's
22		Office that prosecuted the criminal offense, and $10 shall be
23		retained by the Circuit Clerk for administrative costs
24		associated with the expungement of juvenile records and shall
25		be deposited into the Circuit Court Clerk Operation and

SB3733 Engrossed - 1880 - LRB096 19592 AMC 34984 b
1		Administrative Fund.
2		(Source: P.A. 96-707, eff. 1-1-10.)
3		(730 ILCS 5/5-9-1.18)
4		Sec. 5-9-1.18 5-9-1.17. Fee; Roadside Memorial Fund. A
5		person who is convicted or receives a disposition of court
6		supervision for a violation of Section 11-501 of the Illinois
7		Vehicle Code shall, in addition to any other disposition,
8		penalty, or fine imposed, pay a fee of $50 which shall be
9		collected by the clerk of the court and then remitted to the
10		State Treasurer for deposit into the Roadside Memorial Fund, a
11		special fund that is created in the State treasury. However,
12		the court may waive the fee if full restitution is complied
13		with. Subject to appropriation, all moneys in the Roadside
14		Memorial Fund shall be used by the Department of Transportation
15		to pay fees imposed under subsection (f) of Section 20 of the
16		Roadside Memorial Act.
17		(Source: P.A. 96-667, eff. 8-25-09; revised 10-16-09.)
18		Section 625. The Code of Civil Procedure is amended by
19		changing Section 15-1701 as follows:
20		(735 ILCS 5/15-1701) (from Ch. 110, par. 15-1701)
21		Sec. 15-1701. Right to possession.
22		(a) General. The provisions of this Article shall govern
23		the right to possession of the mortgaged real estate during

SB3733 Engrossed - 1881 - LRB096 19592 AMC 34984 b
1		foreclosure. Possession under this Article includes physical
2		possession of the mortgaged real estate to the same extent to
3		which the mortgagor, absent the foreclosure, would have been
4		entitled to physical possession. For the purposes of Part 17,
5		real estate is residential real estate only if it is
6		residential real estate at the time the foreclosure is
7		commenced.
8		(b) Pre-Judgment. Prior to the entry of a judgment of
9		foreclosure:
10		(1) In the case of residential real estate, the
11		mortgagor shall be entitled to possession of the real
12		estate except if (i) the mortgagee shall object and show
13		good cause, (ii) the mortgagee is so authorized by the
14		terms of the mortgage or other written instrument, and
15		(iii) the court is satisfied that there is a reasonable
16		probability that the mortgagee will prevail on a final
17		hearing of the cause, the court shall upon request place
18		the mortgagee in possession. If the residential real estate
19		consists of more than one dwelling unit, then for the
20		purpose of this Part residential real estate shall mean
21		only that dwelling unit or units occupied by persons
22		described in clauses (i), (ii) and (iii) of Section
23		15-1219.
24		(2) In all other cases, if (i) the mortgagee is so
25		authorized by the terms of the mortgage or other written
26		instrument, and (ii) the court is satisfied that there is a

SB3733 Engrossed - 1882 - LRB096 19592 AMC 34984 b
1		reasonable probability that the mortgagee will prevail on a
2		final hearing of the cause, the mortgagee shall upon
3		request be placed in possession of the real estate, except
4		that if the mortgagor shall object and show good cause, the
5		court shall allow the mortgagor to remain in possession.
6		(c) Judgment Through 30 Days After Sale Confirmation. After
7		the entry of a judgment of foreclosure and through the 30th day
8		after a foreclosure sale is confirmed:
9		(1) Subsection (b) of Section 15-1701 shall be
10		applicable, regardless of the provisions of the mortgage or
11		other instrument, except that after a sale pursuant to the
12		judgment the holder of the certificate of sale (or, if
13		none, the purchaser at the sale) shall have the mortgagee's
14		right to be placed in possession, with all rights and
15		duties of a mortgagee in possession under this Article.
16		(2) Notwithstanding paragraph (1) of subsection (b)
17		and paragraph (1) of subsection (c) of Section 15-1701,
18		upon request of the mortgagee, a mortgagor of residential
19		real estate shall not be allowed to remain in possession
20		between the expiration of the redemption period and through
21		the 30th day after sale confirmation unless (i) the
22		mortgagor pays to the mortgagee or such holder or
23		purchaser, whichever is applicable, monthly the lesser of
24		the interest due under the mortgage calculated at the
25		mortgage rate of interest applicable as if no default had
26		occurred or the fair rental value of the real estate, or

SB3733 Engrossed - 1883 - LRB096 19592 AMC 34984 b
1		(ii) the mortgagor otherwise shows good cause. Any amounts
2		paid by the mortgagor pursuant to this subsection shall be
3		credited against the amounts due from the mortgagor.
4		(d) After 30 Days After Sale Confirmation. The holder of
5		the certificate of sale or deed issued pursuant to that
6		certificate or, if no certificate or deed was issued, the
7		purchaser, except to the extent the holder or purchaser may
8		consent otherwise, shall be entitled to possession of the
9		mortgaged real estate, as of the date 30 days after the order
10		confirming the sale is entered, against those parties to the
11		foreclosure whose interests the court has ordered terminated,
12		without further notice to any party, further order of the
13		court, or resort to proceedings under any other statute other
14		than this Article. This right to possession shall be limited by
15		the provisions governing entering and enforcing orders of
16		possession under subsection (g) of Section 15-1508. If the
17		holder or purchaser determines that there are occupants of the
18		mortgaged real estate who have not been made parties to the
19		foreclosure and had their interests terminated therein, the
20		holder or purchaser may bring a proceeding under subsection (h)
21		of this Section or under Article 9 of this Code to terminate
22		the rights of possession of any such occupants. The holder or
23		purchaser shall not be entitled to proceed against any such
24		occupant under Article 9 of this Code until after 30 days after
25		the order confirming the sale is entered.
26		(e) Termination of Leases. A lease of all or any part of

SB3733 Engrossed - 1884 - LRB096 19592 AMC 34984 b
1		the mortgaged real estate shall not be terminated automatically
2		solely by virtue of the entry into possession by (i) a
3		mortgagee or receiver prior to the entry of an order confirming
4		the sale, (ii) the holder of the certificate of sale, (iii) the
5		holder of the deed issued pursuant to that certificate, or (iv)
6		if no certificate or deed was issued, the purchaser at the
7		sale.
8		(f) Other Statutes; Instruments. The provisions of this
9		Article providing for possession of mortgaged real estate shall
10		supersede any other inconsistent statutory provisions. In
11		particular, and without limitation, whenever a receiver is
12		sought to be appointed in any action in which a foreclosure is
13		also pending, a receiver shall be appointed only in accordance
14		with this Article. Except as may be authorized by this Article,
15		no mortgage or other instrument may modify or supersede the
16		provisions of this Article.
17		(g) Certain Leases. Leases of the mortgaged real estate
18		entered into by a mortgagee in possession or a receiver and
19		approved by the court in a foreclosure shall be binding on all
20		parties, including the mortgagor after redemption, the
21		purchaser at a sale pursuant to a judgment of foreclosure and
22		any person acquiring an interest in the mortgaged real estate
23		after entry of a judgment of foreclosure in accordance with
24		Sections 15-1402 and 15-1403.
25		(h) Proceedings Against Certain Occupants.
26		(1) The mortgagee-in-possession of the mortgaged real

SB3733 Engrossed - 1885 - LRB096 19592 AMC 34984 b
1		estate under Section 15-1703, a receiver appointed under
2		Section 15-1704, a holder of the certificate of sale or
3		deed, or the purchaser may, at any time during the pendency
4		of the foreclosure and up to 90 days after the date of the
5		order confirming the sale, file a supplemental petition for
6		possession against a person not personally named as a party
7		to the foreclosure. The supplemental petition for
8		possession shall name each such occupant against whom
9		possession is sought and state the facts upon which the
10		claim for relief is premised.
11		(2) The petitioner shall serve upon each named occupant
12		the petition, a notice of hearing on the petition, and, if
13		any, a copy of the certificate of sale or deed. The
14		proceeding for the termination of such occupant's
15		possessory interest, including service of the notice of the
16		hearing and the petition, shall in all respects comport
17		with the requirements of Article 9 of this Code, except as
18		otherwise specified in this Section. The hearing shall be
19		no less than 21 days from the date of service of the
20		notice.
21		(3) The supplemental petition shall be heard as part of
22		the foreclosure proceeding and without the payment of
23		additional filing fees. An order for possession obtained
24		under this Section shall name each occupant whose interest
25		has been terminated, shall recite that it is only effective
26		as to the occupant so named and those holding under them,

SB3733 Engrossed - 1886 - LRB096 19592 AMC 34984 b
1		and shall be enforceable for no more than 120 days after
2		its entry, except that the 120-day period may be extended
3		to the extent and in the manner provided in Section 9-117
4		of Article 9 and except as provided in item (4) of this
5		subsection (h).
6		(4) In a case of foreclosure where the occupant is
7		current on his or her rent, or where timely written notice
8		of to whom and where the rent is to be paid has not been
9		provided to the occupant, or where the occupant has made
10		good-faith efforts to make rental payments in order to keep
11		current, any order of possession must allow the occupant to
12		retain possession of the property covered in his or her
13		rental agreement (i) for 120 days following the notice of
14		the hearing on the supplemental petition that has been
15		properly served upon the occupant, or (ii) through the
16		duration of his or her lease, whichever is shorter,
17		provided that if the duration of his or her lease is less
18		than 30 days from the date of the order, the order shall
19		allow the occupant to retain possession for 30 days from
20		the date of the order. A mortgagee in possession, receiver,
21		holder of a certificate of sale or deed, or purchaser at
22		the judicial sale, who asserts that the occupant is not
23		current in rent, shall file an affidavit to that effect in
24		the supplemental petition proceeding. If the occupant has
25		been given timely written notice of to whom and where the
26		rent is to be paid, this item (4) shall only apply if the

SB3733 Engrossed - 1887 - LRB096 19592 AMC 34984 b
1		occupant continues to pay his or her rent in full during
2		the 120-day period or has made good-faith efforts to pay
3		the rent in full during that period. No
4		mortgagee-in-possession, receiver or holder of a
5		certificate of sale or deed, or purchaser who fails to file
6		a supplemental petition under this subsection during the
7		pendency of a mortgage foreclosure shall file a forcible
8		entry and detainer action against an occupant of the
9		mortgaged real estate until 90 days after a notice of
10		intent to file such action has been properly served upon
11		the occupant.
12		(5) The court records relating to a supplemental
13		petition for possession filed under this subsection (h)
14		against an occupant who is entitled to notice under item
15		(4) of this subsection (h), or relating to a forcible entry
16		and detainer action brought against an occupant who would
17		have lawful possession of the premises but for the
18		foreclosure of a mortgage on the property, shall be ordered
19		sealed and shall not be disclosed to any person, other than
20		a law enforcement officer or any other representative of a
21		governmental entity, except upon further order of the
22		court.
23		(Source: P.A. 95-262, eff. 1-1-08; 95-933, eff. 8-26-08; 96-60,
24		eff. 7-23-09; 96-111, eff. 10-29-09; revised 8-20-09.)
25		Section 630. The Eminent Domain Act is amended by changing

SB3733 Engrossed - 1888 - LRB096 19592 AMC 34984 b
1		Section 15-5-15 as follows:
2		(735 ILCS 30/15-5-15)
3		Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
4		through 75. The following provisions of law may include express
5		grants of the power to acquire property by condemnation or
6		eminent domain:
7		(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
8		authorities; for public airport facilities.
9		(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
10		authorities; for removal of airport hazards.
11		(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
12		authorities; for reduction of the height of objects or
13		structures.
14		(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
15		airport authorities; for general purposes.
16		(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
17		Act; Kankakee River Valley Area Airport Authority; for
18		acquisition of land for airports.
19		(70 ILCS 200/2-20); Civic Center Code; civic center
20		authorities; for grounds, centers, buildings, and parking.
21		(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
22		Authority; for grounds, centers, buildings, and parking.
23		(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
24		Exposition, Auditorium and Office Building Authority; for

SB3733 Engrossed - 1889 - LRB096 19592 AMC 34984 b
1		grounds, centers, buildings, and parking.
2		(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
3		Authority; for grounds, centers, buildings, and parking.
4		(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
5		Center Authority; for grounds, centers, buildings, and
6		parking.
7		(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
8		District Civic Center Authority; for grounds, centers,
9		buildings, and parking.
10		(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center
11		Authority; for grounds, centers, buildings, and parking.
12		(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
13		Center Authority; for grounds, centers, buildings, and
14		parking.
15		(70 ILCS 200/60-30); Civic Center Code; Collinsville
16		Metropolitan Exposition, Auditorium and Office Building
17		Authority; for grounds, centers, buildings, and parking.
18		(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
19		Center Authority; for grounds, centers, buildings, and
20		parking.
21		(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
22		Exposition, Auditorium and Office Building Authority; for
23		grounds, centers, buildings, and parking.
24		(70 ILCS 200/80-15); Civic Center Code; DuPage County
25		Metropolitan Exposition, Auditorium and Office Building
26		Authority; for grounds, centers, buildings, and parking.

SB3733 Engrossed - 1890 - LRB096 19592 AMC 34984 b
1		(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
2		Exposition, Auditorium and Office Building Authority; for
3		grounds, centers, buildings, and parking.
4		(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
5		Exposition, Auditorium and Office Building Authority; for
6		grounds, centers, buildings, and parking.
7		(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
8		Center Authority; for grounds, centers, buildings, and
9		parking.
10		(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
11		Center Authority; for grounds, centers, buildings, and
12		parking.
13		(70 ILCS 200/120-25); Civic Center Code; Jefferson County
14		Metropolitan Exposition, Auditorium and Office Building
15		Authority; for grounds, centers, buildings, and parking.
16		(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
17		Civic Center Authority; for grounds, centers, buildings,
18		and parking.
19		(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
20		Metropolitan Exposition, Auditorium and Office Building
21		Authority; for grounds, centers, buildings, and parking.
22		(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
23		Authority; for grounds, centers, buildings, and parking.
24		(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
25		Center Authority; for grounds, centers, buildings, and
26		parking.

SB3733 Engrossed - 1891 - LRB096 19592 AMC 34984 b
1		(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
2		Civic Center Authority; for grounds, centers, buildings,
3		and parking.
4		(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
5		Authority; for grounds, centers, buildings, and parking.
6		(70 ILCS 200/165-35); Civic Center Code; Melrose Park
7		Metropolitan Exposition Auditorium and Office Building
8		Authority; for grounds, centers, buildings, and parking.
9		(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
10		Exposition, Auditorium and Office Building Authorities;
11		for general purposes.
12		(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
13		Authority; for grounds, centers, buildings, and parking.
14		(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
15		Authority; for grounds, centers, buildings, and parking.
16		(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
17		Authority; for grounds, centers, buildings, and parking.
18		(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
19		Authority; for grounds, centers, buildings, and parking.
20		(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
21		Authority; for grounds, centers, buildings, and parking.
22		(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
23		Authority; for grounds, centers, buildings, and parking.
24		(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
25		Civic Center Authority; for grounds, centers, buildings,
26		and parking.

SB3733 Engrossed - 1892 - LRB096 19592 AMC 34984 b
1		(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
2		Exposition, Auditorium and Office Building Authority; for
3		grounds, centers, buildings, and parking.
4		(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
5		Center Authority; for grounds, centers, buildings, and
6		parking.
7		(70 ILCS 200/230-35); Civic Center Code; River Forest
8		Metropolitan Exposition, Auditorium and Office Building
9		Authority; for grounds, centers, buildings, and parking.
10		(70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center
11		Authority; for grounds, centers, buildings, and parking.
12		(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
13		Authority; for grounds, centers, buildings, and parking.
14		(70 ILCS 200/255-20); Civic Center Code; Springfield
15		Metropolitan Exposition and Auditorium Authority; for
16		grounds, centers, and parking.
17		(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
18		Exposition, Auditorium and Office Building Authority; for
19		grounds, centers, buildings, and parking.
20		(70 ILCS 200/265-20); Civic Center Code; Vermilion County
21		Metropolitan Exposition, Auditorium and Office Building
22		Authority; for grounds, centers, buildings, and parking.
23		(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
24		Authority; for grounds, centers, buildings, and parking.
25		(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
26		Center Authority; for grounds, centers, buildings, and

SB3733 Engrossed - 1893 - LRB096 19592 AMC 34984 b
1		parking.
2		(70 ILCS 200/280-20); Civic Center Code; Will County
3		Metropolitan Exposition and Auditorium Authority; for
4		grounds, centers, and parking.
5		(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
6		Act; Metropolitan Pier and Exposition Authority; for
7		general purposes, including quick-take power.
8		(70 ILCS 405/22.04); Soil and Water Conservation Districts Act;
9		soil and water conservation districts; for general
10		purposes.
11		(70 ILCS 410/10 and 410/12); Conservation District Act;
12		conservation districts; for open space, wildland, scenic
13		roadway, pathway, outdoor recreation, or other
14		conservation benefits.
15		(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
16		Redevelopment Commission Act; Chanute-Rantoul National
17		Aviation Center Redevelopment Commission; for general
18		purposes.
19		(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
20		Fort Sheridan Redevelopment Commission; for general
21		purposes or to carry out comprehensive or redevelopment
22		plans.
23		(70 ILCS 520/8); Southwestern Illinois Development Authority
24		Act; Southwestern Illinois Development Authority; for
25		general purposes, including quick-take power.
26		(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;

SB3733 Engrossed - 1894 - LRB096 19592 AMC 34984 b
1		drainage districts; for general purposes.
2		(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
3		corporate authorities; for construction and maintenance of
4		works.
5		(70 ILCS 705/10); Fire Protection District Act; fire protection
6		districts; for general purposes.
7		(70 ILCS 750/20); Flood Prevention District Act; flood
8		prevention districts; for general purposes.
9		(70 ILCS 805/6); Downstate Forest Preserve District Act;
10		certain forest preserve districts; for general purposes.
11		(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
12		certain forest preserve districts; for recreational and
13		cultural facilities.
14		(70 ILCS 810/8); Cook County Forest Preserve District Act;
15		Forest Preserve District of Cook County; for general
16		purposes.
17		(70 ILCS 810/38); Cook County Forest Preserve District Act;
18		Forest Preserve District of Cook County; for recreational
19		facilities.
20		(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
21		districts; for hospitals or hospital facilities.
22		(70 ILCS 915/3); Illinois Medical District Act; Illinois
23		Medical District Commission; for general purposes.
24		(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
25		Medical District Commission; quick-take power for the
26		Illinois State Police Forensic Science Laboratory

SB3733 Engrossed - 1895 - LRB096 19592 AMC 34984 b
1		(obsolete).
2		(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
3		tuberculosis sanitarium districts; for tuberculosis
4		sanitariums.
5		(70 ILCS 925/20); Mid-Illinois Medical District Act;
6		Mid-Illinois Medical District; for general purposes.
7		(70 ILCS 930/20); Mid-America Medical District Act;
8		Mid-America Medical District Commission; for general
9		purposes.
10		(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
11		abatement districts; for general purposes.
12		(70 ILCS 1105/8); Museum District Act; museum districts; for
13		general purposes.
14		(70 ILCS 1205/7-1); Park District Code; park districts; for
15		streets and other purposes.
16		(70 ILCS 1205/8-1); Park District Code; park districts; for
17		parks.
18		(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
19		districts; for airports and landing fields.
20		(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
21		districts; for State land abutting public water and certain
22		access rights.
23		(70 ILCS 1205/11.1-3); Park District Code; park districts; for
24		harbors.
25		(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
26		park districts; for street widening.

SB3733 Engrossed - 1896 - LRB096 19592 AMC 34984 b
1		(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control
2		Act; park districts; for parks, boulevards, driveways,
3		parkways, viaducts, bridges, or tunnels.
4		(70 ILCS 1250/2); Park Commissioners Street Control (1889) Act;
5		park districts; for boulevards or driveways.
6		(70 ILCS 1290/1); Park District Aquarium and Museum Act;
7		municipalities or park districts; for aquariums or
8		museums.
9		(70 ILCS 1305/2); Park District Airport Zoning Act; park
10		districts; for restriction of the height of structures.
11		(70 ILCS 1310/5); Park District Elevated Highway Act; park
12		districts; for elevated highways.
13		(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
14		District; for parks and other purposes.
15		(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
16		District; for parking lots or garages.
17		(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
18		District; for harbors.
19		(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
20		Act; Lincoln Park Commissioners; for land and interests in
21		land, including riparian rights.
22		(70 ILCS 1805/8); Havana Regional Port District Act; Havana
23		Regional Port District; for general purposes.
24		(70 ILCS 1810/7); Illinois International Port District Act;
25		Illinois International Port District; for general
26		purposes.

SB3733 Engrossed - 1897 - LRB096 19592 AMC 34984 b
1		(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
2		Illinois Valley Regional Port District; for general
3		purposes.
4		(70 ILCS 1820/4); Jackson-Union Counties Regional Port
5		District Act; Jackson-Union Counties Regional Port
6		District; for removal of airport hazards or reduction of
7		the height of objects or structures.
8		(70 ILCS 1820/5); Jackson-Union Counties Regional Port
9		District Act; Jackson-Union Counties Regional Port
10		District; for general purposes.
11		(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
12		Regional Port District; for removal of airport hazards.
13		(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
14		Regional Port District; for reduction of the height of
15		objects or structures.
16		(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
17		Regional Port District; for removal of hazards from ports
18		and terminals.
19		(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
20		Regional Port District; for general purposes.
21		(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
22		Kaskaskia Regional Port District; for removal of hazards
23		from ports and terminals.
24		(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
25		Kaskaskia Regional Port District; for general purposes.
26		(70 ILCS 1831/30); Massac-Metropolis Port District Act;

SB3733 Engrossed - 1898 - LRB096 19592 AMC 34984 b
1		Massac-Metropolis Port District; for general purposes.
2		(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt.
3		Carmel Regional Port District; for removal of airport
4		hazards.
5		(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt.
6		Carmel Regional Port District; for reduction of the height
7		of objects or structures.
8		(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
9		Carmel Regional Port District; for general purposes.
10		(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
11		Regional Port District; for removal of airport hazards.
12		(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
13		Regional Port District; for reduction of the height of
14		objects or structures.
15		(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
16		Regional Port District; for general purposes.
17		(70 ILCS 1850/4); Shawneetown Regional Port District Act;
18		Shawneetown Regional Port District; for removal of airport
19		hazards or reduction of the height of objects or
20		structures.
21		(70 ILCS 1850/5); Shawneetown Regional Port District Act;
22		Shawneetown Regional Port District; for general purposes.
23		(70 ILCS 1855/4); Southwest Regional Port District Act;
24		Southwest Regional Port District; for removal of airport
25		hazards or reduction of the height of objects or
26		structures.

SB3733 Engrossed - 1899 - LRB096 19592 AMC 34984 b
1		(70 ILCS 1855/5); Southwest Regional Port District Act;
2		Southwest Regional Port District; for general purposes.
3		(70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City
4		Regional Port District; for removal of airport hazards.
5		(70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City
6		Regional Port District; for the development of facilities.
7		(70 ILCS 1863/11); Upper Mississippi River International Port
8		District Act; Upper Mississippi River International Port
9		District; for general purposes.
10		(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
11		District; for removal of airport hazards.
12		(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
13		District; for restricting the height of objects or
14		structures.
15		(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
16		District; for the development of facilities.
17		(70 ILCS 1870/8); White County Port District Act; White County
18		Port District; for the development of facilities.
19		(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
20		Terminal Authority (Chicago); for general purposes.
21		(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
22		Act; Grand Avenue Railroad Relocation Authority; for
23		general purposes, including quick-take power (now
24		obsolete).
25		(70 ILCS 2105/9b); River Conservancy Districts Act; river
26		conservancy districts; for general purposes.

SB3733 Engrossed - 1900 - LRB096 19592 AMC 34984 b
1		(70 ILCS 2105/10a); River Conservancy Districts Act; river
2		conservancy districts; for corporate purposes.
3		(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
4		districts; for corporate purposes.
5		(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
6		districts; for improvements and works.
7		(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
8		districts; for access to property.
9		(70 ILCS 2305/8); North Shore Sanitary District Act; North
10		Shore Sanitary District; for corporate purposes.
11		(70 ILCS 2305/15); North Shore Sanitary District Act; North
12		Shore Sanitary District; for improvements.
13		(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
14		District of Decatur; for carrying out agreements to sell,
15		convey, or disburse treated wastewater to a private entity.
16		(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
17		districts; for corporate purposes.
18		(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
19		districts; for improvements.
20		(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
21		1917; sanitary districts; for waterworks.
22		(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
23		districts; for public sewer and water utility treatment
24		works.
25		(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
26		districts; for dams or other structures to regulate water

SB3733 Engrossed - 1901 - LRB096 19592 AMC 34984 b
1		flow.
2		(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
3		Metropolitan Water Reclamation District; for corporate
4		purposes.
5		(70 ILCS 2605/16); Metropolitan Water Reclamation District
6		Act; Metropolitan Water Reclamation District; quick-take
7		power for improvements.
8		(70 ILCS 2605/17); Metropolitan Water Reclamation District
9		Act; Metropolitan Water Reclamation District; for bridges.
10		(70 ILCS 2605/35); Metropolitan Water Reclamation District
11		Act; Metropolitan Water Reclamation District; for widening
12		and deepening a navigable stream.
13		(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
14		districts; for corporate purposes.
15		(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
16		districts; for improvements.
17		(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936;
18		sanitary districts; for drainage systems.
19		(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
20		districts; for dams or other structures to regulate water
21		flow.
22		(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
23		districts; for water supply.
24		(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
25		districts; for waterworks.
26		(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;

SB3733 Engrossed - 1902 - LRB096 19592 AMC 34984 b
1		Metro-East Sanitary District; for corporate purposes.
2		(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
3		Metro-East Sanitary District; for access to property.
4		(70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary
5		districts; for sewerage systems.
6		(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
7		Illinois Sports Facilities Authority; quick-take power for
8		its corporate purposes (obsolete).
9		(70 ILCS 3405/16); Surface Water Protection District Act;
10		surface water protection districts; for corporate
11		purposes.
12		(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
13		Transit Authority; for transportation systems.
14		(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
15		Transit Authority; for general purposes.
16		(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
17		Transit Authority; for general purposes, including
18		railroad property.
19		(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
20		local mass transit districts; for general purposes.
21		(70 ILCS 3615/2.13); Regional Transportation Authority Act;
22		Regional Transportation Authority; for general purposes.
23		(70 ILCS 3705/8 and 3705/12); Public Water District Act; public
24		water districts; for waterworks.
25		(70 ILCS 3705/23a); Public Water District Act; public water
26		districts; for sewerage properties.

SB3733 Engrossed - 1903 - LRB096 19592 AMC 34984 b
1		(70 ILCS 3705/23e); Public Water District Act; public water
2		districts; for combined waterworks and sewerage systems.
3		(70 ILCS 3715/6); Water Authorities Act; water authorities; for
4		facilities to ensure adequate water supply.
5		(70 ILCS 3715/27); Water Authorities Act; water authorities;
6		for access to property.
7		(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
8		trustees; for library buildings.
9		(75 ILCS 16/30-55.80); Public Library District Act of 1991;
10		public library districts; for general purposes.
11		(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
12		authorities of city or park district, or board of park
13		commissioners; for free public library buildings.
14		(Source: P.A. 94-1055, eff. 1-1-07; 94-1109, eff. 2-23-07;
15		95-693, eff. 11-5-07; incorporates 96-838, eff. 12-16-09;
16		revised 1-4-10.)
17		(735 ILCS 30/15-5-45 rep.)
18		Section 632. The Eminent Domain Act is amended by repealing
19		Section 15-5-45.
20		Section 635. The Illinois Antitrust Act is amended by
21		changing Section 7.2 as follows:
22		(740 ILCS 10/7.2) (from Ch. 38, par. 60-7.2)
23		Sec. 7.2. (1) Whenever it appears to the Attorney General

SB3733 Engrossed - 1904 - LRB096 19592 AMC 34984 b
1		that any person has engaged in, is engaging in, or is about to
2		engage in any act or practice prohibited by this Act, or that
3		any person has assisted or participated in any agreement or
4		combination of the nature described herein, he may, in his
5		discretion, conduct an investigation as he deems necessary in
6		connection with the matter and has the authority prior to the
7		commencement of any civil or criminal action as provided for in
8		the Act to subpoena witnesses, and pursuant to a subpoena (i)
9		compel their attendance for the purpose of examining them under
10		oath, (ii) require the production of any books, documents,
11		records, writings or tangible things hereafter referred to as
12		"documentary material" which the Attorney General deems
13		relevant or material to his investigation, for inspection,
14		reproducing or copying under such terms and conditions as
15		hereafter set forth, (iii) require written answers under oath
16		to written interrogatories, or (iv) require compliance with a
17		combination of the foregoing. Any subpoena issued by the
18		Attorney General shall contain the following information:
19		(a) The statute and section thereof, the alleged
20		violation of which is under investigation and the general
21		subject matter of the investigation.
22		(b) The date and place at which time the person is
23		required to appear or produce documentary material in his
24		possession, custody or control or submit answers to
25		interrogatories in the office of the Attorney General
26		located in Springfield or Chicago. Said date shall not be

SB3733 Engrossed - 1905 - LRB096 19592 AMC 34984 b
1		less than 10 days from date of service of the subpoena.
2		(c) Where documentary material is required to be
3		produced, the same shall be described by class so as to
4		clearly indicate the material demanded.
5		The Attorney General is hereby authorized, and may so
6		elect, to require the production, pursuant to this section, of
7		documentary material or interrogatory answers prior to the
8		taking of any testimony of the person subpoenaed. Said
9		documentary material shall be made available for inspection and
10		copying during normal business hours at the principal place of
11		business of the person served, or at such other time and place,
12		as may be agreed upon by the person served and the Attorney
13		General. When documentary material is demanded by subpoena,
14		said subpoena shall not:
15		(i) contain any requirement which would be
16		unreasonable or improper if contained in a subpoena duces
17		tecum issued by a court of this State; or
18		(ii) require the disclosure of any documentary
19		material which would be privileged, or which for any other
20		reason would not be required by a subpoena duces tecum
21		issued by a court of this State.
22		(2) (d) The production of documentary material in response
23		to a subpoena served pursuant to this Section shall be made
24		under a sworn certificate, in such form as the subpoena
25		designates, by the person, if a natural person, to whom the
26		demand is directed or, if not a natural person, by a person or

SB3733 Engrossed - 1906 - LRB096 19592 AMC 34984 b
1		persons having knowledge of the facts and circumstances
2		relating to such production, to the effect that all of the
3		documentary material required by the demand and in the
4		possession, custody, or control of the person to whom the
5		demand is directed has been produced and made available to the
6		custodian. Answers to interrogatories shall be accompanied by a
7		statement under oath attesting to the accuracy of the answers.
8		While in the possession of the Attorney General and under
9		such reasonable terms and conditions as the Attorney General
10		shall prescribe: (A) documentary material shall be available
11		for examination by the person who produced such material or by
12		any duly authorized representative of such person, (B)
13		transcript of oral testimony shall be available for examination
14		by the person who produced such testimony, or his or her
15		counsel and (C) answers to interrogatories shall be available
16		for examination by the person who swore to their accuracy.
17		Except as otherwise provided in this Section, no
18		documentary material, transcripts of oral testimony, or
19		answers to interrogatories, or copies thereof, in the
20		possession of the Attorney General shall be available for
21		examination by any individual other than an authorized employee
22		of the Attorney General or other law enforcement officials,
23		federal, State, or local, without the consent of the person who
24		produced such material, transcripts, or interrogatory answers.
25		For purposes of this Section, all documentary materials,
26		transcripts of oral testimony, or answers to interrogatories

SB3733 Engrossed - 1907 - LRB096 19592 AMC 34984 b
1		obtained by the Attorney General from other law enforcement
2		officials shall be treated as if produced pursuant to a
3		subpoena served pursuant to this Section for purposes of
4		maintaining the confidentiality of such information.
5		(3) (e) No person shall, with intent to avoid, evade,
6		prevent, or obstruct compliance in whole or in part by any
7		person with any duly served subpoena of the Attorney General
8		under this Act, knowingly remove from any place, conceal,
9		withhold, destroy, mutilate, alter, or by any other means
10		falsify any documentary material that is the subject of such
11		subpoena. A violation of this subsection is a Class A
12		misdemeanor. The Attorney General, with such assistance as he
13		may from time to time require of the State's Attorneys in the
14		several counties, shall investigate suspected violations of
15		this subsection and shall commence and try all prosecutions
16		under this subsection.
17		(Source: P.A. 96-751, eff. 1-1-10; revised 11-4-09.)
18		Section 640. The Probate Act of 1975 is amended by changing
19		Section 13-3.1 as follows:
20		(755 ILCS 5/13-3.1) (from Ch. 110 1/2, par. 13-3.1)
21		Sec. 13-3.1. (a) Compensation of public guardian.)
22		(a) In counties having a population in excess of 1,000,000
23		the public guardian shall be paid an annual salary, to be set
24		by the County Board at a figure not to exceed the salary of the

SB3733 Engrossed - 1908 - LRB096 19592 AMC 34984 b
1		public defender for the county. All expenses connected with the
2		operation of the office shall be subject to the approval of the
3		County Board and shall be paid from the county treasury. All
4		fees collected shall be paid into the county treasury.
5		(b) In counties having a population of 1,000,000 or less
6		the public guardian shall receive all the fees of his office
7		and bear the expenses connected with the operation of the
8		office. A public guardian shall be entitled to reasonable and
9		appropriate compensation for services related to guardianship
10		duties but all fees must be reviewed and approved by the court.
11		A public guardian may petition the court for the payment of
12		reasonable and appropriate fees. In counties having a
13		population of 1,000,000 or less, the public guardian shall do
14		so on not less than a yearly basis, or sooner as approved by
15		the court. Any fees or expenses charged by a public guardian
16		shall be documented through billings and maintained by the
17		guardian and supplied to the court for review. In considering
18		the reasonableness of any fee petition brought by a public
19		guardian under this Section, the court shall consider the
20		following:
21		(1) the powers and duties assigned to the public
22		guardian by the court;
23		(2) the necessity of any services provided;
24		(3) the time required, the degree of difficulty, and
25		the experience needed to complete the task;
26		(4) the needs of the ward and the costs of

SB3733 Engrossed - 1909 - LRB096 19592 AMC 34984 b
1		alternatives; and
2		(5) other facts and circumstances material to the best
3		interests of the ward or his or her estate.
4		(c) When the public guardian is appointed as the temporary
5		guardian of a disabled adult pursuant to an emergency petition
6		under circumstances when the court finds that the immediate
7		establishment of a temporary guardianship is necessary to
8		protect the disabled adult's health, welfare, or estate, the
9		public guardian shall be entitled to reasonable and appropriate
10		fees, as determined by the court, for the period of the
11		temporary guardianship, including fees directly associated
12		with establishing the temporary guardianship.
13		(Source: P.A. 96-752, eff. 1-1-10; revised 11-4-09.)
14		Section 645. The Health Care Surrogate Act is amended by
15		changing Section 15 as follows:
16		(755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15)
17		Sec. 15. Applicability. This Act applies to patients who
18		lack decisional capacity or who have a qualifying condition.
19		This Act does not apply to instances in which the patient has
20		an operative and unrevoked living will under the Illinois
21		Living Will Act, an operative and unrevoked declaration for
22		mental health treatment under the Mental Health Treatment
23		Preferences Declaration Act, or an authorized agent under a
24		power of attorney for health care under the Illinois Power of

SB3733 Engrossed - 1910 - LRB096 19592 AMC 34984 b
1		Attorney Act and the patient's condition falls within the
2		coverage of the living will, the declaration for mental health
3		treatment, or the power of attorney for health care. In those
4		instances, the living will, declaration for mental health
5		treatment, or power of attorney for health care, as the case
6		may be, shall be given effect according to its terms. This Act
7		does apply in circumstances in which a patient has a qualifying
8		condition but the patient's condition does not fall within the
9		coverage of the living will, the declaration for mental health
10		treatment, or the power of attorney for health care.
11		Each health care facility shall maintain any advance
12		directives proffered by the patient or other authorized person,
13		including a do not resuscitate order, a living will, a
14		declaration for mental health treatment, a declaration of a
15		potential surrogate or surrogates should the person become
16		incapacitated or impaired, or a power of attorney for health
17		care, in the patient's medical records. This Act does apply to
18		patients without a qualifying condition. If a patient is an
19		adult with decisional capacity, then the right to refuse
20		medical treatment or life-sustaining treatment does not
21		require the presence of a qualifying condition.
22		(Source: P.A. 96-448, eff. 1-1-10; 96-492, eff. 8-14-09;
23		revised 9-4-09.)
24		Section 650. The Real Estate Timeshare Act of 1999 is
25		amended by changing Section 10-10 as follows:

SB3733 Engrossed - 1911 - LRB096 19592 AMC 34984 b
1		(765 ILCS 101/10-10)
2		Sec. 10-10. Cancellation of purchase contract. Any
3		purchase contract entered into by a purchaser of a time share
4		interest under this Act shall be voidable by the purchaser,
5		without penalty, within 5 calendar days after the receipt of
6		the public offering statement or the execution of the purchase
7		contract, whichever is later. The purchase contract shall
8		provide notice of the 5-day cancellation period, together with
9		the name and mailing address to which any notice of
10		cancellation shall be delivered. Notice of cancellation shall
11		be deemed timely if the notice is deposited with the United
12		States Postal Service not later than midnight of the fifth
13		calendar day.
14		Upon such cancellation, the developer or resale agent shall
15		refund to the purchaser all payments made by the purchaser,
16		less the amount of any benefits actually received pursuant to
17		the purchase contract. The refund shall be made within 20
18		calendar days after the receipt of the notice of cancellation,
19		or receipt of funds from the purchaser's cleared check,
20		whichever occurs later.
21		If a purchaser elects to cancel a purchase contract
22		pursuant to this Section, the purchaser may do so by hand
23		delivering a written notice of cancellation or by mailing a
24		notice of cancellation by certified mail, return receipt
25		requested, to the developer or resale agent ent, as applicable,

SB3733 Engrossed - 1912 - LRB096 19592 AMC 34984 b
1		at an address set forth in the purchase contract.
2		(Source: P.A. 91-585, eff. 1-1-00; revised 11-4-09.)
3		Section 655. The Condominium Property Act is amended by
4		changing Section 18.4 as follows:
5		(765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
6		Sec. 18.4. Powers and Duties of Board of Managers. The
7		board of managers shall exercise for the association all
8		powers, duties and authority vested in the association by law
9		or the condominium instruments except for such powers, duties
10		and authority reserved by law to the members of the
11		association. The powers and duties of the board of managers
12		shall include, but shall not be limited to, the following:
13		(a) To provide for the operation, care, upkeep,
14		maintenance, replacement and improvement of the common
15		elements. Nothing in this subsection (a) shall be deemed to
16		invalidate any provision in a condominium instrument
17		placing limits on expenditures for the common elements,
18		provided, that such limits shall not be applicable to
19		expenditures for repair, replacement, or restoration of
20		existing portions of the common elements. The term "repair,
21		replacement or restoration" means expenditures to
22		deteriorated or damaged portions of the property related to
23		the existing decorating, facilities, or structural or
24		mechanical components, interior or exterior surfaces, or

SB3733 Engrossed - 1913 - LRB096 19592 AMC 34984 b
1		energy systems and equipment with the functional
2		equivalent of the original portions of such areas.
3		Replacement of the common elements may result in an
4		improvement over the original quality of such elements or
5		facilities; provided that, unless the improvement is
6		mandated by law or is an emergency as defined in item (iv)
7		of subparagraph (8) of paragraph (a) of Section 18, if the
8		improvement results in a proposed expenditure exceeding 5%
9		of the annual budget, the board of managers, upon written
10		petition by unit owners with 20% of the votes of the
11		association delivered to the board within 14 days of the
12		board action to approve the expenditure, shall call a
13		meeting of the unit owners within 30 days of the date of
14		delivery of the petition to consider the expenditure.
15		Unless a majority of the total votes of the unit owners are
16		cast at the meeting to reject the expenditure, it is
17		ratified.
18		(b) To prepare, adopt and distribute the annual budget
19		for the property.
20		(c) To levy and expend assessments.
21		(d) To collect assessments from unit owners.
22		(e) To provide for the employment and dismissal of the
23		personnel necessary or advisable for the maintenance and
24		operation of the common elements.
25		(f) To obtain adequate and appropriate kinds of
26		insurance.

SB3733 Engrossed - 1914 - LRB096 19592 AMC 34984 b
1		(g) To own, convey, encumber, lease, and otherwise deal
2		with units conveyed to or purchased by it.
3		(h) To adopt and amend rules and regulations covering
4		the details of the operation and use of the property, after
5		a meeting of the unit owners called for the specific
6		purpose of discussing the proposed rules and regulations.
7		Notice of the meeting shall contain the full text of the
8		proposed rules and regulations, and the meeting shall
9		conform to the requirements of Section 18(b) of this Act,
10		except that no quorum is required at the meeting of the
11		unit owners unless the declaration, bylaws or other
12		condominium instrument expressly provides to the contrary.
13		However, no rule or regulation may impair any rights
14		guaranteed by the First Amendment to the Constitution of
15		the United States or Section 4 of Article I of the Illinois
16		Constitution including, but not limited to, the free
17		exercise of religion, nor may any rules or regulations
18		conflict with the provisions of this Act or the condominium
19		instruments. No rule or regulation shall prohibit any
20		reasonable accommodation for religious practices,
21		including the attachment of religiously mandated objects
22		to the front-door area of a condominium unit.
23		(i) To keep detailed, accurate records of the receipts
24		and expenditures affecting the use and operation of the
25		property.
26		(j) To have access to each unit from time to time as

SB3733 Engrossed - 1915 - LRB096 19592 AMC 34984 b
1		may be necessary for the maintenance, repair or replacement
2		of any common elements or for making emergency repairs
3		necessary to prevent damage to the common elements or to
4		other units.
5		(k) To pay real property taxes, special assessments,
6		and any other special taxes or charges of the State of
7		Illinois or of any political subdivision thereof, or other
8		lawful taxing or assessing body, which are authorized by
9		law to be assessed and levied upon the real property of the
10		condominium.
11		(l) To impose charges for late payment of a unit
12		owner's proportionate share of the common expenses, or any
13		other expenses lawfully agreed upon, and after notice and
14		an opportunity to be heard, to levy reasonable fines for
15		violation of the declaration, by-laws, and rules and
16		regulations of the association.
17		(m) Unless the condominium instruments expressly
18		provide to the contrary, by a majority vote of the entire
19		board of managers, to assign the right of the association
20		to future income from common expenses or other sources, and
21		to mortgage or pledge substantially all of the remaining
22		assets of the association.
23		(n) To record the dedication of a portion of the common
24		elements to a public body for use as, or in connection
25		with, a street or utility where authorized by the unit
26		owners under the provisions of Section 14.2.

SB3733 Engrossed - 1916 - LRB096 19592 AMC 34984 b
1		(o) To record the granting of an easement for the
2		laying of cable television cable where authorized by the
3		unit owners under the provisions of Section 14.3; to
4		obtain, if available and determined by the board to be in
5		the best interests of the association, cable television
6		service for all of the units of the condominium on a bulk
7		identical service and equal cost per unit basis; and to
8		assess and recover the expense as a common expense and, if
9		so determined by the board, to assess each and every unit
10		on the same equal cost per unit basis.
11		(p) To seek relief on behalf of all unit owners when
12		authorized pursuant to subsection (c) of Section 10 from or
13		in connection with the assessment or levying of real
14		property taxes, special assessments, and any other special
15		taxes or charges changes of the State of Illinois or of any
16		political subdivision thereof or of any lawful taxing or
17		assessing body.
18		(q) To reasonably accommodate the needs of a
19		handicapped unit owner as required by the federal Civil
20		Rights Act of 1968, the Human Rights Act and any applicable
21		local ordinances in the exercise of its powers with respect
22		to the use of common elements or approval of modifications
23		in an individual unit.
24		(r) To accept service of a notice of claim for purposes
25		of the Mechanics Lien Act on behalf of each respective
26		member of the Unit Owners' Association with respect to

SB3733 Engrossed - 1917 - LRB096 19592 AMC 34984 b
1		improvements performed pursuant to any contract entered
2		into by the Board of Managers or any contract entered into
3		prior to the recording of the condominium declaration
4		pursuant to this Act, for a property containing more than 8
5		units, and to distribute the notice to the unit owners
6		within 7 days of the acceptance of the service by the Board
7		of Managers. The service shall be effective as if each
8		individual unit owner had been served individually with
9		notice.
10		In the performance of their duties, the officers and
11		members of the board, whether appointed by the developer or
12		elected by the unit owners, shall exercise the care required of
13		a fiduciary of the unit owners.
14		The collection of assessments from unit owners by an
15		association, board of managers or their duly authorized agents
16		shall not be considered acts constituting a collection agency
17		for purposes of the Collection Agency Act.
18		The provisions of this Section are applicable to all
19		condominium instruments recorded under this Act. Any portion of
20		a condominium instrument which contains provisions contrary to
21		these provisions shall be void as against public policy and
22		ineffective. Any such instrument that fails to contain the
23		provisions required by this Section shall be deemed to
24		incorporate such provisions by operation of law.
25		(Source: P.A. 94-384, eff. 1-1-06; 94-729, eff. 1-1-07; revised
26		11-4-09.)

SB3733 Engrossed - 1918 - LRB096 19592 AMC 34984 b
1		Section 660. The Uniform Disposition of Unclaimed Property
2		Act is amended by changing Section 18 as follows:
3		(765 ILCS 1025/18) (from Ch. 141, par. 118)
4		Sec. 18. Deposit of funds received under the Act.
5		(a) The State Treasurer shall retain all funds received
6		under this Act, including the proceeds from the sale of
7		abandoned property under Section 17, in a trust fund. The State
8		Treasurer may deposit any amount in the Trust Fund into the
9		State Pensions Fund during the fiscal year at his or her
10		discretion; however, he or she shall, on April 15 and October
11		15 of each year, deposit any amount in the trust fund exceeding
12		$2,500,000 into the State Pensions Fund. All amounts in excess
13		of $2,500,000 that are deposited into the State Pensions
14		Pension Fund from the unclaimed Property Trust Fund shall be
15		apportioned to the designated retirement systems as provided in
16		subsection (c-6) of Section 8.12 of the State state Finance Act
17		to reduce their actuarial reserve deficiencies. He or she shall
18		make prompt payment of claims he or she duly allows as provided
19		for in this Act for the trust fund. Before making the deposit
20		the State Treasurer shall record the name and last known
21		address of each person appearing from the holders' reports to
22		be entitled to the abandoned property. The record shall be
23		available for public inspection during reasonable business
24		hours.

SB3733 Engrossed - 1919 - LRB096 19592 AMC 34984 b
1		(b) Before making any deposit to the credit of the State
2		Pensions Fund, the State Treasurer may deduct: (1) any costs in
3		connection with sale of abandoned property, (2) any costs of
4		mailing and publication in connection with any abandoned
5		property, and (3) any costs in connection with the maintenance
6		of records or disposition of claims made pursuant to this Act.
7		The State Treasurer shall semiannually file an itemized report
8		of all such expenses with the Legislative Audit Commission.
9		(Source: P.A. 95-950, eff. 8-29-08; revised 11-4-09.)
10		Section 665. The General Not For Profit Corporation Act of
11		1986 is amended by changing Sections 104.05, 107.50, and 112.50
12		as follows:
13		(805 ILCS 105/104.05) (from Ch. 32, par. 104.05)
14		Sec. 104.05. Corporate name of domestic or foreign
15		corporation.
16		(a) The corporate name of a domestic corporation or of a
17		foreign corporation organized, existing or subject to the
18		provisions of this Act:
19		(1) May contain, separate and apart from any other word
20		or abbreviation in such name, the word "corporation,"
21		"company," "incorporated," or "limited," or an
22		abbreviation of one of such words;
23		(2) Must end with the letters "NFP" if the corporate
24		name contains any word or phrase which indicates or implies

SB3733 Engrossed - 1920 - LRB096 19592 AMC 34984 b
1		that the corporation is organized for any purpose other
2		than a purpose for which corporations may be organized
3		under this Act or a purpose other than a purpose set forth
4		in the corporation's articles of incorporation;
5		(3) Shall be distinguishable upon the records in the
6		office of the Secretary of State from the name or assumed
7		name of any domestic corporation or limited liability
8		company organized under the Limited Liability Company Act,
9		whether for profit or not for profit, existing under any
10		Act of this State or the name or assumed name of any
11		foreign corporation or foreign limited liability company
12		registered under the Limited Liability Company Act,
13		whether for profit or not for profit, authorized to
14		transact business or conduct affairs in this State, or a
15		name the exclusive right to which is, at the time, reserved
16		or registered in the manner provided in this Act or Section
17		1-15 of the Limited Liability Company Act, except that,
18		subject to the discretion of the Secretary of State, a
19		foreign corporation that has a name prohibited by this
20		paragraph may be granted authority to conduct its affairs
21		in this State, if the foreign corporation:
22		(i) Elects to adopt an assumed corporation name or
23		names in accordance with Section 104.15 of this Act;
24		and
25		(ii) Agrees in its application for authority to
26		conduct affairs in this State only under such assumed

SB3733 Engrossed - 1921 - LRB096 19592 AMC 34984 b
1		corporate name or names;
2		(4) Shall not contain a word or phrase, or an
3		abbreviation or derivation thereof, the use of which is
4		prohibited or restricted by any other statute of this State
5		unless such restriction has been complied with;
6		(5) Shall consist of letters of the English alphabet,
7		Arabic or Roman numerals, or symbols capable of being
8		readily reproduced by the office of the Secretary of State;
9		(6) Shall not contain the words "regular democrat,"
10		"regular democratic," "regular republican," "democrat,"
11		"democratic," or "republican," nor the name of any other
12		established political party, unless consent to usage of
13		such words or name is given to the corporation by the State
14		central committee of such established political party;
15		notwithstanding any other provisions of this Act, any
16		corporation, whose name at the time this amendatory Act
17		takes effect contains any of the words listed in this
18		paragraph shall certify to the Secretary of State no later
19		than January 1, 1989, that consent has been given by the
20		State central committee; consent given to a corporation by
21		the State central committee to use the above listed words
22		may be revoked upon notification to the corporation and the
23		Secretary of State;
24		(7) Shall be the name under which the corporation shall
25		conduct affairs in this State unless the corporation shall
26		also elect to adopt an assumed corporate name or names as

SB3733 Engrossed - 1922 - LRB096 19592 AMC 34984 b
1		provided in this Act; provided, however, that the
2		corporation may use any divisional designation or trade
3		name without complying with the requirements of this Act,
4		provided the corporation also clearly discloses its
5		corporate name; and
6		(8) Shall not, as to any corporation organized or
7		amending its corporate name on or after April 3, 2009 (the
8		effective date of Public Act 96-7) this amendatory Act of
9		the 96th General Assembly, without the express written
10		consent of the United States Olympic Committee, contain the
11		words: (i) "Olympic"; (ii) "Olympiad"; (iii) "Paralympic";
12		(iv) "Paralympiad"; (v) "Citius Altius Fortius"; (vi)
13		"CHICOG"; or (vii) "Chicago 2016".
14		(b) The Secretary of State shall determine whether a name
15		is "distinguishable" from another name for purposes of this
16		Act. Without excluding other names which may not constitute
17		distinguishable names in this State, a name is not considered
18		distinguishable, for purposes of this Act, solely because it
19		contains one or more of the following:
20		(1) The word "corporation," "company," "incorporated,"
21		or "limited" or an abbreviation of one of such words;
22		(2) Articles, conjunctions, contractions,
23		abbreviations, different tenses or number of the same word.
24		(c) Nothing in this Section or Sections 104.15 or 104.20 of
25		this Act shall:
26		(1) Require any domestic corporation existing or any

SB3733 Engrossed - 1923 - LRB096 19592 AMC 34984 b
1		foreign corporation having authority to conduct affairs on
2		the effective date of this Act, to modify or otherwise
3		change its corporate name or assumed corporate name, if
4		any; or
5		(2) Abrogate or limit the common law or statutory law
6		of unfair competition or unfair trade practices, nor
7		derogate from the common law or principles of equity or the
8		statutes of this State or of the United States with respect
9		to the right to acquire and protect copyrights, trade
10		names, trade marks, service names, service marks, or any
11		other right to the exclusive use of name or symbols.
12		(Source: P.A. 96-7, eff. 4-3-09; 96-66, eff. 1-1-10; 96-328,
13		eff. 8-11-09; revised 9-25-09.)
14		(805 ILCS 105/107.50) (from Ch. 32, par. 107.50)
15		Sec. 107.50. Proxies. A member entitled to vote may vote in
16		person or, unless the articles of incorporation or bylaws
17		explicitly prohibit, by proxy executed in writing by the member
18		or by that member's duly authorized attorney-in-fact. No proxy
19		shall be valid after 11 months from the date of its execution,
20		unless otherwise provided in the proxy. Unless otherwise
21		prohibited by the articles of incorporation or bylaws, the
22		election of directors, officers, or representatives by members
23		may be conducted by mail, e-mail email, or any other electronic
24		means as set forth in subsection (a) of Section 107.10.
25		(Source: P.A. 96-648, eff. 10-1-09; 96-649, eff. 1-1-10;

SB3733 Engrossed - 1924 - LRB096 19592 AMC 34984 b
1		revised 9-25-09.)
2		(805 ILCS 105/112.50) (from Ch. 32, par. 112.50)
3		Sec. 112.50. Grounds for judicial dissolution. A Circuit
4		Court may dissolve a corporation:
5		(a) In an action by the Attorney General, if it is
6		established that:
7		(1) the corporation filed its articles of
8		incorporation through fraud; or
9		(2) the corporation has continued to exceed or abuse
10		the authority conferred upon it by law, or has continued to
11		violate the law, after notice of the same has been given to
12		such corporation, either personally or by registered mail;
13		or
14		(3) any interrogatory propounded by the Secretary of
15		State to the corporation, its officers or directors, as
16		provided in this Act, has been answered falsely or has not
17		been answered fully within 30 days after the mailing of
18		such interrogatories by the Secretary of State or within
19		such extension of time as shall have been authorized by the
20		Secretary of State;
21		(4) the corporation has solicited money and failed to
22		use the money for the purpose which it was solicited, or
23		has fraudulently solicited money or fraudulently used the
24		money solicited; or
25		(5) the corporation has substantially and willfully

SB3733 Engrossed - 1925 - LRB096 19592 AMC 34984 b
1		violated the provisions of the Consumer Fraud and Deceptive
2		Business Practices Act.
3		(b) In an action by a member entitled to vote, or a
4		director, if it is established that:
5		(1) the directors are deadlocked, whether because of
6		even division in the number thereof or because of greater
7		than majority voting requirements in the articles of
8		incorporation or the bylaws, in the management of the
9		corporate affairs; the members are unable to break the
10		deadlock; and irreparable injury to the corporation is
11		thereby caused or threatened;
12		(2) the directors or those in control of the
13		corporation have acted, are acting, or will act in a manner
14		that is illegal, oppressive or fraudulent;
15		(3) the corporate assets are being misapplied or
16		wasted; or
17		(4) the corporation is unable to carry out its
18		purposes.
19		(c) In an action by a creditor, if it is established that:
20		(1) the creditor's claim has been reduced to judgment,
21		the judgment has been returned unsatisfied, and the
22		corporation is insolvent; or
23		(2) the corporation has admitted in writing that the
24		creditor's claim is due and owing, and the corporation is
25		insolvent.
26		(d) In an action by the corporation to dissolve under court

SB3733 Engrossed - 1926 - LRB096 19592 AMC 34984 b
1		supervision, if it is established that the corporation is
2		unable to carry out its purposes.
3		(Source: P.A. 96-66, eff. 1-1-10; revised 11-4-09.)
4		Section 670. The Limited Liability Company Act is amended
5		by changing Section 1-10 and by setting forth and renumbering
6		multiple versions of Section 1-26 as follows:
7		(805 ILCS 180/1-10)
8		Sec. 1-10. Limited liability company name.
9		(a) The name of each limited liability company as set forth
10		in its articles of organization:
11		(1) shall contain the terms "limited liability
12		company", "L.L.C.", or "LLC", or, if organized as a
13		low-profit limited liability company under Section 1-26 of
14		this Act, shall contain the term "L3C";
15		(2) may not contain a word or phrase, or an
16		abbreviation or derivation thereof, the use of which is
17		prohibited or restricted by any other statute of this State
18		unless the restriction has been complied with;
19		(3) shall consist of letters of the English alphabet,
20		Arabic or Roman numerals, or symbols capable of being
21		readily reproduced by the Office of the Secretary of State;
22		(4) shall not contain any of the following terms:
23		"Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"
24		"Co.," "Limited Partnership" or "L.P.";

SB3733 Engrossed - 1927 - LRB096 19592 AMC 34984 b
1		(5) shall be the name under which the limited liability
2		company transacts business in this State unless the limited
3		liability company also elects to adopt an assumed name or
4		names as provided in this Act; provided, however, that the
5		limited liability company may use any divisional
6		designation or trade name without complying with the
7		requirements of this Act, provided the limited liability
8		company also clearly discloses its name;
9		(6) shall not contain any word or phrase that indicates
10		or implies that the limited liability company is authorized
11		or empowered to be in the business of a corporate fiduciary
12		unless otherwise permitted by the Commissioner of the
13		Office of Banks and Real Estate under Section 1-9 of the
14		Corporate Fiduciary Act. The word "trust", "trustee", or
15		"fiduciary" may be used by a limited liability company only
16		if it has first complied with Section 1-9 of the Corporate
17		Fiduciary Act;
18		(7) shall contain the word "trust", if it is a limited
19		liability company organized for the purpose of accepting
20		and executing trusts; and
21		(8) shall not, as to any limited liability company
22		organized or amending its company name on or after April 3,
23		2009 (the effective date of Public Act 96-7) this
24		amendatory Act of the 96th General Assembly, without the
25		express written consent of the United States Olympic
26		Committee, contain the words: (i) "Olympic"; (ii)

SB3733 Engrossed - 1928 - LRB096 19592 AMC 34984 b
1		"Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v)
2		"Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago
3		2016".
4		(b) Nothing in this Section or Section 1-20 shall abrogate
5		or limit the common law or statutory law of unfair competition
6		or unfair trade practices, nor derogate from the common law or
7		principles of equity or the statutes of this State or of the
8		United States of America with respect to the right to acquire
9		and protect copyrights, trade names, trademarks, service
10		marks, service names, or any other right to the exclusive use
11		of names or symbols.
12		(c) (Blank).
13		(d) The name shall be distinguishable upon the records in
14		the Office of the Secretary of State from all of the following:
15		(1) Any limited liability company that has articles of
16		organization filed with the Secretary of State under
17		Section 5-5.
18		(2) Any foreign limited liability company admitted to
19		transact business in this State.
20		(3) Any name for which an exclusive right has been
21		reserved in the Office of the Secretary of State under
22		Section 1-15.
23		(4) Any assumed name that is registered with the
24		Secretary of State under Section 1-20.
25		(5) Any corporate name or assumed corporate name of a
26		domestic or foreign corporation subject to the provisions

SB3733 Engrossed - 1929 - LRB096 19592 AMC 34984 b
1		of Section 4.05 of the Business Corporation Act of 1983 or
2		Section 104.05 of the General Not For Profit Corporation
3		Act of 1986.
4		(e) The provisions of subsection (d) of this Section shall
5		not apply if the organizer files with the Secretary of State a
6		certified copy of a final decree of a court of competent
7		jurisdiction establishing the prior right of the applicant to
8		the use of that name in this State.
9		(f) The Secretary of State shall determine whether a name
10		is "distinguishable" from another name for the purposes of this
11		Act. Without excluding other names that may not constitute
12		distinguishable names in this State, a name is not considered
13		distinguishable, for purposes of this Act, solely because it
14		contains one or more of the following:
15		(1) The word "limited", "liability" or "company" or an
16		abbreviation of one of those words.
17		(2) Articles, conjunctions, contractions,
18		abbreviations, or different tenses or number of the same
19		word.
20		(Source: P.A. 96-7, eff. 4-3-09; 96-126, eff. 1-1-10; revised
21		8-20-09.)
22		(805 ILCS 180/1-26)
23		Sec. 1-26. Low-profit limited liability company.
24		(a) A low-profit limited liability company shall at all
25		times significantly further the accomplishment of one or more

SB3733 Engrossed - 1930 - LRB096 19592 AMC 34984 b
1		charitable or educational purposes within the meaning of
2		Section 170(c)(2)(B) of the Internal Revenue Code of 1986, 26
3		U.S.C. 170(c)(2)(B), or its successor, and would not have been
4		formed but for the relationship to the accomplishment of such
5		charitable or educational purposes.
6		(b) A limited liability company which intends to qualify as
7		a low-profit limited liability company pursuant to the
8		provisions of this Section shall so indicate in its articles of
9		organization, and further state that:
10		(1) no significant purpose of the company is the
11		production of income or the appreciation of property;
12		however, the fact that a person produces significant income
13		or capital appreciation shall not, in the absence of other
14		factors, be conclusive evidence of a significant purpose
15		involving the production of income or the appreciation of
16		property; and
17		(2) no purpose of the company is to accomplish one or
18		more political or legislative purposes within the meaning
19		of Section 170(c)(2)(D) of the Internal Revenue Code of
20		1986, 26 U.S.C. 170(c)(2)(D), or its successor.
21		(c) A company that no longer satisfies the requirements of
22		this Section 1-26 continues to exist as a limited liability
23		company and shall promptly amend its articles of organization
24		so that its name and purpose no longer identify it as a
25		low-profit limited liability company or L3C.
26		(d) Any company operating or holding itself out as a

SB3733 Engrossed - 1931 - LRB096 19592 AMC 34984 b
1		low-profit limited liability company in Illinois, any company
2		formed as a low-profit limited liability company under this
3		Act, and any chief operating officer, director, or manager of
4		any such company is a "trustee" as defined in Section 3 of the
5		Charitable Trust Act.
6		(e) Nothing in this Section 1-26 prevents a limited
7		liability company that is not organized under it from electing
8		a charitable or educational purpose in whole or in part for
9		doing business under this Act.
10		(Source: P.A. 96-126, eff. 1-1-10.)
11		(805 ILCS 180/1-28)
12		Sec. 1-28 1-26. Certificate of Registration; Department of
13		Financial and Professional Regulation. This Section applies
14		only to a limited liability company that intends to provide, or
15		does provide, professional services that require the
16		individuals engaged in the profession to be licensed by the
17		Department of Financial and Professional Regulation. A limited
18		liability company covered by this Section shall not open,
19		operate, or maintain an establishment for any of the purposes
20		for which a limited liability company may be organized under
21		this Act without obtaining a certificate of registration from
22		the Department.
23		Application for such registration shall be made in writing
24		and shall contain the name and address of the limited liability
25		company and such other information as may be required by the

SB3733 Engrossed - 1932 - LRB096 19592 AMC 34984 b
1		Department. Upon receipt of such application, the Department
2		shall make an investigation of the limited liability company.
3		If the Department finds that the organizers, managers, and
4		members are each licensed pursuant to the laws of Illinois to
5		engage in the particular profession or related professions
6		involved (except that an initial organizer may be a licensed
7		attorney) and if no disciplinary action is pending before the
8		Department against any of them and if it appears that the
9		limited liability company will be conducted in compliance with
10		the law and the rules and regulations of the Department, the
11		Department shall issue, upon payment of a registration fee of
12		$50, a certificate of registration.
13		Upon written application of the holder, the Department
14		shall renew the certificate if it finds that the limited
15		liability company has complied with its regulations and the
16		provisions of this Act and the applicable licensing Act. This
17		fee for the renewal of a certificate of registration shall be
18		calculated at the rate of $40 per year. The certificate of
19		registration shall be conspicuously posted upon the premises to
20		which it is applicable, and the limited liability company shall
21		have only those offices which are designated by street address
22		in the articles of organization, or as changed by amendment of
23		such articles. A certificate of registration shall not be
24		assignable.
25		(Source: P.A. 96-679, eff. 8-25-09; revised 10-16-09.)

SB3733 Engrossed - 1933 - LRB096 19592 AMC 34984 b
1		Section 680. The Motor Vehicle Franchise Act is amended by
2		changing Section 9 as follows:
3		(815 ILCS 710/9) (from Ch. 121 1/2, par. 759)
4		Sec. 9. Renewals; transfers.
5		(a) Anything to the contrary notwithstanding, it shall be
6		unlawful for the manufacturer, wholesaler, distributor or
7		franchiser without good cause, to fail to renew a franchise on
8		terms then equally available to all its motor vehicle dealers,
9		or to terminate a franchise or restrict the transfer of a
10		franchise until the franchisee shall receive fair and
11		reasonable compensation for the value of the business and
12		business premises.
13		(b) For the purposes of this Section 9, the term
14		"reasonable compensation" includes, but is not limited to all
15		of the following items:
16		(1) An amount equal to the current, fair rental value
17		of the portion of the motor vehicle dealer's established
18		place of business that is used for motor vehicle sales and
19		service with the manufacturer, wholesaler, distributor or
20		franchiser for a period of one year beginning on the date
21		of the nonrenewal, termination, or restriction on the
22		transfer of the franchise.
23		(2) The franchisee's cost of each new undamaged and
24		unsold current and prior year motor vehicles that were
25		acquired within 12 months of termination and have 500 or

SB3733 Engrossed - 1934 - LRB096 19592 AMC 34984 b
1		fewer miles recorded on the odometer that are in the
2		franchisee's inventory at the time of nonrenewal,
3		termination, or restriction and that were purchased or
4		acquired from the manufacturer or from another dealer of
5		the same line make in the ordinary course of business.
6		(3) The franchisee's cost of each new, unused,
7		undamaged, and unsold part or accessory that is in the
8		current parts catalogue or is identical to a part or
9		accessory in the current parts catalogue except for the
10		number assigned to the part or accessory due to a change in
11		the number after the purchase of the part or accessory and
12		that is still in the original, resalable merchandising
13		package and in an unbroken lot, except that, in the case of
14		sheet metal, a comparable substitute for the original
15		package may be used if the part or accessory was purchased
16		(i) directly from the manufacturer, distributor,
17		wholesaler, distributor branch or division, or officer,
18		agent, or other representative thereof or (ii) from an
19		outgoing authorized dealer as a part of the dealer's
20		initial inventory.
21		(4) The fair market value of each undamaged sign owned
22		by the dealer that bears a trademark or trade name used or
23		claimed by the manufacturer, distributor, wholesaler,
24		distributor branch or division, or officer, agent, or other
25		representative thereof that was purchased as a requirement
26		of the manufacturer, distributor, wholesaler, distributor

SB3733 Engrossed - 1935 - LRB096 19592 AMC 34984 b
1		branch or division, or officer, agent, or other
2		representative thereof.
3		(5) The fair market value of all special tools, data
4		processing equipment, and automotive service equipment
5		owned by the dealer that (i) were recommended in writing
6		and designated as special tools and equipment, (ii) were
7		purchased at the request of the manufacturer, distributor,
8		wholesaler, distributor branch or division, or officer,
9		agent, or other representative thereof, and (iii) are in
10		usable and good condition except for reasonable wear and
11		tear.
12		(6) The cost of transporting, handling, packing,
13		storing, and loading any property that is subject to
14		repurchase under this Section.
15		This subsection (b) shall not apply to a non-renewal or
16		termination that is implemented as a result of a sale of the
17		assets or stock of the franchise.
18		(c) The payment under item (b)(1) is due in 12 equal,
19		monthly installments, beginning 30 days after the franchise is
20		terminated or nonrenewed. The payments under items (b)(2)
21		through (b)(6) are due no later than 90 days after the
22		franchise is terminated or nonrenewed. As a condition of
23		payment under items (b)(2) through (b)(6), the motor vehicle
24		dealer must comply with all reasonable requirements provided by
25		the manufacturer, distributor, or wholesaler regarding the
26		return of inventory.

SB3733 Engrossed - 1936 - LRB096 19592 AMC 34984 b
1		If a manufacturer, distributor, or wholesaler does not
2		reimburse the motor vehicle dealer for the amounts required
3		under items (b)(2) through (b)(6) by the deadlines under this
4		subsection (c), and the Board or, if agreed to under Section
5		12, the arbitrator, finds the manufacturer, distributor, or
6		wholesaler in violation of this subsection, then the
7		manufacturer, distributor, or wholesaler shall, in addition to
8		any other amounts due, pay the motor vehicle dealer:
9		(1) interest on the amount due at a rate reasonable in
10		light of commercial practices, determined by the Board or
11		arbitrator; and
12		(2) reasonable attorney's fees and costs.
13		(3) reasonable attorney's fees and costs.
14		(Source: P.A. 96-11, eff. 5-22-09; revised 11-4-09.)
15		Section 685. The Beer Industry Fair Dealing Act is amended
16		by changing Section 5 as follows:
17		(815 ILCS 720/5) (from Ch. 43, par. 305)
18		Sec. 5. Prohibited conduct. No brewer shall:
19		(1) Induce or coerce, or attempt to induce or coerce,
20		any wholesaler to engage in any illegal act or course of
21		conduct either by threatening to amend, modify, cancel,
22		terminate, or refuse to renew any agreement existing
23		between the brewer and the wholesaler, or by any other
24		means.

SB3733 Engrossed - 1937 - LRB096 19592 AMC 34984 b
1		(2) Require a wholesaler to assent to any unreasonable
2		requirement, condition, understanding or term or an
3		agreement prohibiting a wholesaler from selling the
4		product of any other brewer or brewers.
5		(3) Directly or indirectly fix or maintain the price at
6		which a wholesaler may resell beer.
7		(4) Fail to provide to each wholesaler of its brands a
8		written contract which embodies the brewer's agreement
9		with its wholesalers and conforms to the provisions of this
10		Act.
11		(5) Require any wholesaler to accept delivery of any
12		beer, signs, advertising materials, or any other item or
13		commodity which has not been ordered by the wholesaler, or
14		require any wholesaler to accept a common carrier for
15		delivery of beer into this State unless the wholesaler
16		consents to the common carrier. In the event a brewer
17		adopts a uniform practice of delivering beer into this
18		State to the premises of all licensed wholesalers, the
19		brewer may select the common carrier in this State.
20		(6) Require a wholesaler without the wholesaler's
21		approval to participate in an arrangement for the payment
22		or crediting by an electronic fund transfer transaction for
23		any item or commodity other than beer or to access a
24		wholesaler's account for any item or commodity other than
25		beer.
26		(7) Require a wholesaler to assent to any requirement

SB3733 Engrossed - 1938 - LRB096 19592 AMC 34984 b
1		prohibiting the wholesaler from disposing, after notice to
2		the brewer, of a product which has been deemed salvageable
3		by a local or State health authority. Nothing herein shall
4		prohibit the brewer from having the first right to purchase
5		the salvageable product from the wholesaler at a price not
6		to exceed the original cost of the product or to
7		subsequently repurchase the product from the insurance
8		company or salvage company.
9		(8) Refuse to approve or require a wholesaler to
10		terminate a manager or successor manager without good
11		cause. A brewer has good cause only if the person
12		designated as manager or successor manager by the
13		wholesaler fails to meet reasonable standards and
14		qualifications.
15		(9) Present an agreement to a wholesaler that attempts
16		to waive compliance with any provision of this Act or that
17		requires the wholesaler to waive compliance with any
18		provision of this Act. A wholesaler entering into an
19		agreement containing provisions in conflict with this Act
20		shall not be deemed to waive compliance with any provision
21		of this Act. No brewer shall induce or coerce, or attempt
22		to induce or coerce, any wholesaler to assent to any
23		agreement, amendment, renewal, or replacement agreement
24		that does not comply with this Act and the laws of this
25		State.
26		(10) Terminate or attempt to terminate an agreement on

SB3733 Engrossed - 1939 - LRB096 19592 AMC 34984 b
1		the basis that the wholesaler refuses to purchase signs or
2		advertising materials or any quantity or types thereof.
3		(11) Discriminate against a wholesaler who has entered
4		into a contract relative to signs or advertising materials
5		by not making signs or advertising materials or any
6		quantity or types thereof available to the wholesaler when
7		the brewer makes available such signs or advertising
8		materials to other similarly situated wholesalers in this
9		State.
10		(12) Present an agreement requiring the wholesaler to
11		arbitrate all disputes without offering the wholesaler in
12		writing the opportunity to reject arbitration and elect to
13		resolve all disputes by maintaining a civil suit in
14		accordance with this Act.
15		(13) Fail to assign brand extensions to a wholesaler
16		who has been granted the territory to the brand from which
17		the brand extension resulted and agrees to accept the brand
18		extension; however, this requirement does not apply if the
19		wholesaler is not in compliance with the agreement at the
20		time the brewer offers the brand extension to the
21		wholesaler.
22		(14) Terminate, cancel, or non-renew or attempt to
23		terminate, cancel, or non-renew an agreement on the basis
24		that the wholesaler fails to agree or consent to an
25		amendment at the time such amendment is presented to the
26		wholesaler. A brewer may amend an agreement including

SB3733 Engrossed - 1940 - LRB096 19592 AMC 34984 b
1		operating standards at any time without the wholesaler's
2		consent if such amendment does not materially,
3		substantially, and adversely affect the wholesaler and
4		such amendment is effective as to all wholesalers of the
5		brewer in the State.
6		(15) Coerce or attempt to coerce a transferring
7		wholesaler to sign a renewal agreement, replacement
8		agreement, or an amendment to an agreement by threatening
9		to refuse to approve or delay issuing an approval for the
10		sale or transfer of a wholesaler's business.
11		The agreement must provide in substance that the agreement
12		shall be governed by all applicable provisions of State law,
13		and that such State law is incorporated into the agreement,
14		shall be deemed to be a part thereof, and shall supersede
15		supercede any provision of the agreement in conflict with such
16		State law. If an agreement presented to the wholesaler does not
17		provide this provision in substance the brewer must furnish an
18		executed Illinois addendum to the wholesaler stating that the
19		agreement shall be governed by all applicable provisions of
20		State law, and that such State law is incorporated into the
21		agreement, shall be deemed to be a part hereof, shall supersede
22		supercede any provision of the agreement in conflict with such
23		State law, and shall govern and control.
24		No brewer who, pursuant to an agreement with a wholesaler
25		which does not violate antitrust laws, has designated a sales
26		territory for which the wholesaler is exclusively responsible

SB3733 Engrossed - 1941 - LRB096 19592 AMC 34984 b
1		or in which the wholesaler is required to concentrate its
2		efforts, shall enter into an agreement with any other
3		wholesaler for the purpose of establishing an additional
4		wholesaler for the brewer's brand, brands, or brand extension
5		in the territory.
6		No wholesaler who, pursuant to an agreement is granted a
7		sales territory for which it shall be exclusively responsible
8		or in which it is required to concentrate its efforts, shall
9		make any sale or delivery of beer to any retail licensee whose
10		place of business is not within the territory granted to the
11		wholesaler.
12		(Source: P.A. 95-240, eff. 8-17-07; 96-662, eff. 8-25-09;
13		revised 10-30-09.)
14		Section 690. The Right to Privacy in the Workplace Act is
15		amended by changing Section 12 as follows:
16		(820 ILCS 55/12)
17		Sec. 12. Use of Employment Eligibility Verification
18		Systems.
19		(a) Prior to choosing to voluntarily enroll in any
20		Electronic Employment Verification System, including the
21		E-Verify program and the Basic Pilot program, as authorized by
22		8 U.S.C. 1324a, Notes, Pilot Programs for Employment
23		Eligibility Confirmation (enacted by P.L. 104-208, div. C,
24		title IV, subtitle A), employers are urged to consult the

SB3733 Engrossed - 1942 - LRB096 19592 AMC 34984 b
1		Illinois Department of Labor's website for current information
2		on the accuracy of E-Verify and to review and understand an
3		employer's legal responsibilities relating to the use of the
4		voluntary E-Verify program.
5		(a-1) The Illinois Department of Labor (IDOL) shall post on
6		its website information or links to information from the United
7		States Government Accountability Office, Westat, or a similar
8		reliable source independent of the Department of Homeland
9		Security regarding: (1) the accuracy of the E-Verify databases;
10		(2) the approximate financial burden and expenditure of time
11		that use of E-Verify requires from employers; and (3) an
12		overview of an employer's responsibilities under federal and
13		state law relating to the use of E-Verify.
14		(b) Upon initial enrollment in an Employment Eligibility
15		Verification System or within 30 days after the effective date
16		of this amendatory Act of the 96th General Assembly, an
17		employer enrolled in E-Verify or any other Employment
18		Eligibility Verification System must attest, under penalty of
19		perjury, on a form prescribed by the IDOL available on the IDOL
20		website:
21		(1) that the employer has received the Basic Pilot or
22		E-Verify training materials from the Department of
23		Homeland Security (DHS), and that all employees who will
24		administer the program have completed the Basic Pilot or
25		E-Verify Computer Based Tutorial (CBT); and
26		(2) that the employer has posted the notice from DHS

SB3733 Engrossed - 1943 - LRB096 19592 AMC 34984 b
1		indicating that the employer is enrolled in the Basic Pilot
2		or E-Verify program and the anti-discrimination notice
3		issued by the Office of Special Counsel for
4		Immigration-Related Unfair Employment Practices (OSC),
5		Civil Rights Division, U.S. Department of Justice in a
6		prominent place that is clearly visible to both prospective
7		and current employees. The employer must maintain the
8		signed original of the attestation form prescribed by the
9		IDOL, as well as all CBT certificates of completion and
10		make them available for inspection or copying by the IDOL
11		at any reasonable time.
12		(c) It is a violation of this Act for an employer enrolled
13		in an Employment Eligibility Verification System, including
14		the E-Verify program and the Basic Pilot program:
15		(1) to fail to display the notices supplied by DHS and
16		OSC in a prominent place that is clearly visible to both
17		prospective and current employees;
18		(2) to allow any employee to use an Employment
19		Eligibility Verification System prior to having completed
20		CBT;
21		(3) to fail to take reasonable steps to prevent an
22		employee from circumventing the requirement to complete
23		the CBT by assuming another employee's E-Verify or Basic
24		Pilot user identification or password;
25		(4) to use the Employment Eligibility Verification
26		System to verify the employment eligibility of job

SB3733 Engrossed - 1944 - LRB096 19592 AMC 34984 b
1		applicants prior to hiring or to otherwise use the
2		Employment Eligibility Verification System to screen
3		individuals prior to hiring and prior to the completion of
4		a Form I-9;
5		(5) to terminate an employee or take any other adverse
6		employment action against an individual prior to receiving
7		a final nonconfirmation notice from the Social Security
8		Administration or the Department of Homeland Security;
9		(6) to fail to notify an individual, in writing, of the
10		employer's receipt of a tentative nonconfirmation notice,
11		of the individual's right to contest the tentative
12		nonconfirmation notice, and of the contact information for
13		the relevant government agency or agencies that the
14		individual must contact to resolve the tentative
15		nonconfirmation notice;
16		(7) to fail to safeguard the information contained in
17		the Employment Eligibility Verification System, and the
18		means of access to the system (such as passwords and other
19		privacy protections). An employer shall ensure that the
20		System is not used for any purpose other than employment
21		verification of newly hired employees and shall ensure that
22		the information contained in the System and the means of
23		access to the System are not disseminated to any person
24		other than employees who need such information and access
25		to perform the employer's employment verification
26		responsibilities. ;

SB3733 Engrossed - 1945 - LRB096 19592 AMC 34984 b
1		(c-1) Any claim that an employer refused to hire,
2		segregated, or acted with respect to recruitment, hiring,
3		promotion, renewal or employment, selection for training or
4		apprenticeship, discharge, discipline, tenure or terms,
5		privileges, or conditions of employment without following the
6		procedures of the Employment Eligibility Verification System,
7		including the Basic Pilot and E-Verify programs, may be brought
8		under paragraph (G)(2) of Section 2-102 of the Illinois Human
9		Rights Act. ;
10		(c-2) It is a violation of this Section for an individual
11		to falsely pose as an employer in order to enroll in an
12		Employment Eligibility Verification System or for an employer
13		to use an Employment Eligibility Verification System to access
14		information regarding an individual who is not an employee of
15		the employer.
16		(d) Preemption. Neither the State nor any of its political
17		subdivisions, nor any unit of local government, including a
18		home rule unit, may require any employer to use an Employment
19		Eligibility Verification System, including under the following
20		circumstances:
21		(1) as a condition of receiving a government contract;
22		(2) as a condition of receiving a business license; or
23		(3) as penalty for violating licensing or other similar
24		laws.
25		This subsection (d) is a denial and limitation of home rule
26		powers and functions under subsection (h) of Section 6 of

SB3733 Engrossed - 1946 - LRB096 19592 AMC 34984 b
1		Article VII of the Illinois Constitution.
2		(Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10; revised
3		11-4-09.)
4		Section 695. The Prevailing Wage Act is amended by changing
5		Section 2 as follows:
6		(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
7		Sec. 2. This Act applies to the wages of laborers,
8		mechanics and other workers employed in any public works, as
9		hereinafter defined, by any public body and to anyone under
10		contracts for public works. This includes any maintenance,
11		repair, assembly, or disassembly work performed on equipment
12		whether owned, leased, or rented.
13		As used in this Act, unless the context indicates
14		otherwise:
15		"Public works" means all fixed works constructed or
16		demolished by any public body, or paid for wholly or in part
17		out of public funds. "Public works" as defined herein includes
18		all projects financed in whole or in part with bonds, grants,
19		loans, or other funds made available by or through the State or
20		any of its political subdivisions, including but not limited
21		to: bonds issued under the Industrial Project Revenue Bond Act
22		(Article 11, Division 74 of the Illinois Municipal Code), the
23		Industrial Building Revenue Bond Act, the Illinois Finance
24		Authority Act, the Illinois Sports Facilities Authority Act, or

SB3733 Engrossed - 1947 - LRB096 19592 AMC 34984 b
1		the Build Illinois Bond Act; loans or other funds made
2		available pursuant to the Build Illinois Act; or funds from the
3		Fund for Illinois' Future under Section 6z-47 of the State
4		Finance Act, funds for school construction under Section 5 of
5		the General Obligation Bond Act, funds authorized under Section
6		3 of the School Construction Bond Act, funds for school
7		infrastructure under Section 6z-45 of the State Finance Act,
8		and funds for transportation purposes under Section 4 of the
9		General Obligation Bond Act. "Public works" also includes all
10		projects financed in whole or in part with funds from the
11		Department of Commerce and Economic Opportunity under the
12		Illinois Renewable Fuels Development Program Act for which
13		there is no project labor agreement. "Public works" also
14		includes all projects at leased facility property used for
15		airport purposes under Section 35 of the Local Government
16		Facility Lease Act. "Public works" also includes the
17		construction of a new wind power facility by a business
18		designated as a High Impact Business under Section 5.5(a)(3)(E)
19		of the Illinois Enterprise Zone Act. "Public works" does not
20		include work done directly by any public utility company,
21		whether or not done under public supervision or direction, or
22		paid for wholly or in part out of public funds. "Public works"
23		does not include projects undertaken by the owner at an
24		owner-occupied single-family residence or at an owner-occupied
25		unit of a multi-family residence.
26		"Construction" means all work on public works involving

SB3733 Engrossed - 1948 - LRB096 19592 AMC 34984 b
1		laborers, workers or mechanics. This includes any maintenance,
2		repair, assembly, or disassembly work performed on equipment
3		whether owned, leased, or rented.
4		"Locality" means the county where the physical work upon
5		public works is performed, except (1) that if there is not
6		available in the county a sufficient number of competent
7		skilled laborers, workers and mechanics to construct the public
8		works efficiently and properly, "locality" includes any other
9		county nearest the one in which the work or construction is to
10		be performed and from which such persons may be obtained in
11		sufficient numbers to perform the work and (2) that, with
12		respect to contracts for highway work with the Department of
13		Transportation of this State, "locality" may at the discretion
14		of the Secretary of the Department of Transportation be
15		construed to include two or more adjacent counties from which
16		workers may be accessible for work on such construction.
17		"Public body" means the State or any officer, board or
18		commission of the State or any political subdivision or
19		department thereof, or any institution supported in whole or in
20		part by public funds, and includes every county, city, town,
21		village, township, school district, irrigation, utility,
22		reclamation improvement or other district and every other
23		political subdivision, district or municipality of the state
24		whether such political subdivision, municipality or district
25		operates under a special charter or not.
26		The terms "general prevailing rate of hourly wages",

SB3733 Engrossed - 1949 - LRB096 19592 AMC 34984 b
1		"general prevailing rate of wages" or "prevailing rate of
2		wages" when used in this Act mean the hourly cash wages plus
3		fringe benefits for training and apprenticeship programs
4		approved by the U.S. Department of Labor, Bureau of
5		Apprenticeship and Training, health and welfare, insurance,
6		vacations and pensions paid generally, in the locality in which
7		the work is being performed, to employees engaged in work of a
8		similar character on public works.
9		(Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58,
10		eff. 1-1-10; 96-186, eff. 1-1-10; revised 8-20-09.)
11		Section 995. No acceleration or delay. Where this Act makes
12		changes in a statute that is represented in this Act by text
13		that is not yet or no longer in effect (for example, a Section
14		represented by multiple versions), the use of that text does
15		not accelerate or delay the taking effect of (i) the changes
16		made by this Act or (ii) provisions derived from any other
17		Public Act.
18		Section 996. No revival or extension. This Act does not
19		revive or extend any Section or Act otherwise repealed.
20		Section 999. Effective date. This Act takes effect upon
21		becoming law.
SB3733 Engrossed - 1950 - LRB096 19592 AMC 34984 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 80/4.20 4 5 ILCS 80/4.30 5 5 ILCS 80/4.18 rep. 6 5 ILCS 140/2 from Ch. 116, par. 202 7 5 ILCS 140/4 from Ch. 116, par. 204 8 5 ILCS 140/6 from Ch. 116, par. 206 9 5 ILCS 282/5 10 5 ILCS 375/6.11 11 5 ILCS 420/4A-101 from Ch. 127, par. 604A-101 12 5 ILCS 420/4A-107 from Ch. 127, par. 604A-107 13 5 ILCS 490/125 14 5 ILCS 490/130 15 5 ILCS 490/135 16 5 ILCS 490/140 17 5 ILCS 490/145 18 5 ILCS 490/150 19 10 ILCS 5/1-3 from Ch. 46, par. 1-3 20 10 ILCS 5/3-3 from Ch. 46, par. 3-3 21 10 ILCS 5/4-10 from Ch. 46, par. 4-10 22 10 ILCS 5/5-9 from Ch. 46, par. 5-9 23 10 ILCS 5/7-14.1 from Ch. 46, par. 7-14.1 24 10 ILCS 5/19-3 from Ch. 46, par. 19-3 25 10 ILCS 5/20-2.3 from Ch. 46, par. 20-2.3 SB3733 Engrossed - 1951 - LRB096 19592 AMC 34984 b 1 15 ILCS 20/50-5 2 15 ILCS 205/7 3 15 ILCS 335/4C 4 15 ILCS 335/4D 5 20 ILCS 5/5-565 was 20 ILCS 5/6.06 6 20 ILCS 505/5 from Ch. 23, par. 5005 7 20 ILCS 505/34.11 8 20 ILCS 515/45 9 20 ILCS 1305/1-17 10 20 ILCS 1710/1710-1 11 20 ILCS 2105/2105-15 12 20 ILCS 2310/2310-640 13 20 ILCS 2310/2310-641 14 20 ILCS 2407/Art. 4 15 heading 16 20 ILCS 2630/5 from Ch. 38, par. 206-5 17 20 ILCS 2705/2705-590 18 20 ILCS 2705/2705-593 19 20 ILCS 3105/10.04 from Ch. 127, par. 780.04 20 20 ILCS 3305/5 from Ch. 127, par. 1055 21 20 ILCS 3420/4 from Ch. 127, par. 133c24 22 20 ILCS 3805/7 from Ch. 67 1/2, par. 307 23 20 ILCS 3855/1-10 24 20 ILCS 3855/1-20 25 20 ILCS 3855/1-56 26 20 ILCS 3855/1-58 SB3733 Engrossed - 1952 - LRB096 19592 AMC 34984 b 1 20 ILCS 3960/3 from Ch. 111 1/2, par. 1153 2 20 ILCS 3960/12 from Ch. 111 1/2, par. 1162 3 25 ILCS 155/2 from Ch. 63, par. 342 4 30 ILCS 105/5.710 5 30 ILCS 105/5.719 6 30 ILCS 105/5.720 7 30 ILCS 105/5.721 8 30 ILCS 105/5.722 9 30 ILCS 105/5.723 10 30 ILCS 105/5.724 11 30 ILCS 105/5.725 12 30 ILCS 105/5.726 13 30 ILCS 105/5.727 14 30 ILCS 105/5.728 15 30 ILCS 105/5.729 16 30 ILCS 105/5.730 17 30 ILCS 105/5.731 18 30 ILCS 105/5.732 19 30 ILCS 105/5.733 20 30 ILCS 105/5.734 21 30 ILCS 105/5.735 22 30 ILCS 105/5.736 23 30 ILCS 105/5.737 24 30 ILCS 105/5.738 25 30 ILCS 105/5.739 26 30 ILCS 105/5.740 SB3733 Engrossed - 1953 - LRB096 19592 AMC 34984 b 1 30 ILCS 105/5.741 2 30 ILCS 105/5.742 3 30 ILCS 105/5.743 4 30 ILCS 105/5.744 5 30 ILCS 105/5.745 6 30 ILCS 105/5.746 7 30 ILCS 105/5.747 8 30 ILCS 105/5.748 9 30 ILCS 105/5.749 10 30 ILCS 105/5.750 11 30 ILCS 105/5.751 12 30 ILCS 105/5.752 13 30 ILCS 105/8.49 14 30 ILCS 105/8h 15 30 ILCS 330/2 from Ch. 127, par. 652 16 30 ILCS 330/3 from Ch. 127, par. 653 17 30 ILCS 330/7 from Ch. 127, par. 657 18 30 ILCS 425/4 from Ch. 127, par. 2804 19 30 ILCS 500/20-80 20 30 ILCS 500/50-11 21 30 ILCS 500/50-60 22 30 ILCS 540/3-2 23 30 ILCS 550/1 from Ch. 29, par. 15 24 30 ILCS 550/3 25 30 ILCS 575/2 26 30 ILCS 575/4 from Ch. 127, par. 132.604 SB3733 Engrossed - 1954 - LRB096 19592 AMC 34984 b 1 30 ILCS 605/7.1 from Ch. 127, par. 133b10.1 2 30 ILCS 805/8.32 3 30 ILCS 805/8.33 4 35 ILCS 5/201 from Ch. 120, par. 2-201 5 35 ILCS 5/507SS 6 35 ILCS 5/507TT 7 35 ILCS 5/606 8 35 ILCS 5/807 9 35 ILCS 10/5-15 10 35 ILCS 105/3-5 11 35 ILCS 105/3-10 12 35 ILCS 105/10 from Ch. 120, par. 439.10 13 35 ILCS 110/3-5 14 35 ILCS 110/3-10 from Ch. 120, par. 439.33-10 15 35 ILCS 115/3-5 16 35 ILCS 115/3-10 from Ch. 120, par. 439.103-10 17 35 ILCS 120/2-5 18 35 ILCS 120/2-10 19 35 ILCS 200/15-170 20 35 ILCS 200/15-172 21 35 ILCS 200/18-185 22 35 ILCS 505/8 from Ch. 120, par. 424 23 40 ILCS 5/4-121 from Ch. 108 1/2, par. 4-121 24 40 ILCS 5/7-132 from Ch. 108 1/2, par. 7-132 25 40 ILCS 5/14-104 from Ch. 108 1/2, par. 14-104 26 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 SB3733 Engrossed - 1955 - LRB096 19592 AMC 34984 b 1 40 ILCS 5/14-131 2 40 ILCS 5/15-159 from Ch. 108 1/2, par. 15-159 3 40 ILCS 5/18-125 from Ch. 108 1/2, par. 18-125 4 40 ILCS 15/1.2 5 50 ILCS 750/15.4 from Ch. 134, par. 45.4 6 55 ILCS 5/5-1006.5 7 55 ILCS 5/5-1069.3 8 55 ILCS 5/5-1123 9 55 ILCS 5/5-12020 10 65 ILCS 5/1-1-11 11 65 ILCS 5/1-1-12 12 65 ILCS 5/7-1-1 from Ch. 24, par. 7-1-1 13 65 ILCS 5/7-1-13 from Ch. 24, par. 7-1-13 14 65 ILCS 5/7-3-1 from Ch. 24, par. 7-3-1 15 65 ILCS 5/10-4-2.3 16 65 ILCS 5/11-15.1-2.1 from Ch. 24, par. 11-15.1-2.1 17 65 ILCS 5/11-20-15 18 65 ILCS 5/11-20-16 19 65 ILCS 5/11-39-3 20 65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3 21 65 ILCS 5/11-74.4-3.5 22 65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7 23 70 ILCS 705/6 from Ch. 127 1/2, par. 26 24 70 ILCS 1505/26.10-4 25 105 ILCS 5/2-3.64 from Ch. 122, par. 2-3.64 26 105 ILCS 5/2-3.117a SB3733 Engrossed - 1956 - LRB096 19592 AMC 34984 b 1 105 ILCS 5/2-3.148 2 105 ILCS 5/2-3.149 3 105 ILCS 5/2-3.150 4 105 ILCS 5/2-3.151 5 105 ILCS 5/2-3.152 6 105 ILCS 5/10-20.21 7 105 ILCS 5/10-20.46 8 105 ILCS 5/10-20.47 9 105 ILCS 5/10-20.48 10 105 ILCS 5/10-20.49 11 105 ILCS 5/10-20.50 12 105 ILCS 5/10-20.51 13 105 ILCS 5/10-22.3f 14 105 ILCS 5/10-22.31 from Ch. 122, par. 10-22.31 15 105 ILCS 5/10-22.39 16 105 ILCS 5/18-8.05 17 105 ILCS 5/19-1 18 105 ILCS 5/22-50 19 105 ILCS 5/22-55 20 105 ILCS 5/24-6 21 105 ILCS 5/27A-5 22 105 ILCS 5/27A-8 23 105 ILCS 5/34-18.37 24 105 ILCS 5/34-18.38 25 105 ILCS 5/34-18.39 26 105 ILCS 5/34-18.40 SB3733 Engrossed - 1957 - LRB096 19592 AMC 34984 b 1 105 ILCS 5/34-18.41 2 105 ILCS 5/34-18.42 3 105 ILCS 10/6 from Ch. 122, par. 50-6 4 105 ILCS 25/1.5 5 105 ILCS 25/2 6 105 ILCS 105/6 from Ch. 122, par. 1406 7 105 ILCS 110/3 8 105 ILCS 230/5-25 9 105 ILCS 230/5-30 10 110 ILCS 48/5 11 110 ILCS 305/8 from Ch. 144, par. 29 12 110 ILCS 305/45 13 110 ILCS 305/50 14 110 ILCS 305/55 15 110 ILCS 305/60 16 110 ILCS 305/65 17 110 ILCS 305/70 18 110 ILCS 330/8 19 110 ILCS 330/9 20 110 ILCS 520/8e from Ch. 144, par. 658e 21 110 ILCS 520/30 22 110 ILCS 520/35 23 110 ILCS 520/40 24 110 ILCS 520/45 25 110 ILCS 520/50 26 110 ILCS 520/55 SB3733 Engrossed - 1958 - LRB096 19592 AMC 34984 b 1 110 ILCS 660/5-85 2 110 ILCS 660/5-140 3 110 ILCS 660/5-145 4 110 ILCS 660/5-150 5 110 ILCS 660/5-155 6 110 ILCS 660/5-160 7 110 ILCS 660/5-165 8 110 ILCS 665/10-85 9 110 ILCS 665/10-140 10 110 ILCS 665/10-145 11 110 ILCS 665/10-150 12 110 ILCS 665/10-155 13 110 ILCS 665/10-160 14 110 ILCS 665/10-165 15 110 ILCS 670/15-85 16 110 ILCS 670/15-140 17 110 ILCS 670/15-145 18 110 ILCS 670/15-150 19 110 ILCS 670/15-155 20 110 ILCS 670/15-160 21 110 ILCS 670/15-165 22 110 ILCS 675/20-85 23 110 ILCS 675/20-145 24 110 ILCS 675/20-150 25 110 ILCS 675/20-155 26 110 ILCS 675/20-160 SB3733 Engrossed - 1959 - LRB096 19592 AMC 34984 b 1 110 ILCS 675/20-165 2 110 ILCS 675/20-170 3 110 ILCS 680/25-85 4 110 ILCS 680/25-140 5 110 ILCS 680/25-145 6 110 ILCS 680/25-150 7 110 ILCS 680/25-155 8 110 ILCS 680/25-160 9 110 ILCS 680/25-165 10 110 ILCS 685/30-85 11 110 ILCS 685/30-150 12 110 ILCS 685/30-155 13 110 ILCS 685/30-160 14 110 ILCS 685/30-165 15 110 ILCS 685/30-170 16 110 ILCS 685/30-175 17 110 ILCS 690/35-85 18 110 ILCS 690/35-145 19 110 ILCS 690/35-150 20 110 ILCS 690/35-155 21 110 ILCS 690/35-160 22 110 ILCS 690/35-165 23 110 ILCS 690/35-170 24 110 ILCS 805/3-29.4 25 110 ILCS 805/3-29.5 26 110 ILCS 805/3-29.6 SB3733 Engrossed - 1960 - LRB096 19592 AMC 34984 b 1 110 ILCS 805/3-29.7 2 110 ILCS 805/3-29.8 3 205 ILCS 5/2 from Ch. 17, par. 302 4 205 ILCS 635/1-4 5 205 ILCS 635/2-2 6 205 ILCS 635/2-6 7 205 ILCS 635/4-1 from Ch. 17, par. 2324-1 8 210 ILCS 3/30 9 210 ILCS 9/145 10 210 ILCS 47/1-113 11 210 ILCS 47/2-101.1 12 210 ILCS 47/2-201 13 210 ILCS 47/3-206.03 14 210 ILCS 47/3-215 15 210 ILCS 47/3-305 16 210 ILCS 47/3-401 17 210 ILCS 47/3-517 18 210 ILCS 50/32.5 19 210 ILCS 55/2.08 20 210 ILCS 85/3 21 210 ILCS 85/6.25 22 210 ILCS 85/6.26 23 210 ILCS 115/9.9 from Ch. 111 1/2, par. 719.9 24 215 ILCS 5/190.1 from Ch. 73, par. 802.1 25 215 ILCS 5/356z.14 26 215 ILCS 5/356z.15 SB3733 Engrossed - 1961 - LRB096 19592 AMC 34984 b 1 215 ILCS 5/356z.16 2 215 ILCS 5/370c from Ch. 73, par. 982c 3 215 ILCS 5/451 from Ch. 73, par. 1063 4 215 ILCS 107/10 5 215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2 6 215 ILCS 165/10 from Ch. 32, par. 604 7 220 ILCS 5/8-103 8 220 ILCS 5/16-111.8 9 220 ILCS 5/16-111.9 10 220 ILCS 5/19-105 11 220 ILCS 5/19-112 12 225 ILCS 25/9 from Ch. 111, par. 2309 13 225 ILCS 60/22 from Ch. 111, par. 4400-22 14 225 ILCS 65/50-15 was 225 ILCS 65/5-15 15 225 ILCS 80/24 from Ch. 111, par. 3924 16 225 ILCS 84/15 17 225 ILCS 85/3 18 225 ILCS 85/15 from Ch. 111, par. 4135 19 225 ILCS 95/7.5 20 225 ILCS 115/11 from Ch. 111, par. 7011 21 225 ILCS 125/90 22 225 ILCS 125/170 23 225 ILCS 312/10 24 225 ILCS 330/5 from Ch. 111, par. 3255 25 225 ILCS 407/15-10 26 225 ILCS 458/5-10 SB3733 Engrossed - 1962 - LRB096 19592 AMC 34984 b 1 230 ILCS 10/5 from Ch. 120, par. 2405 2 230 ILCS 40/25 3 230 ILCS 40/45 4 235 ILCS 5/3-12 5 235 ILCS 5/6-16.1 6 235 ILCS 5/8-1 7 305 ILCS 5/4-2 from Ch. 23, par. 4-2 8 305 ILCS 5/5-2 from Ch. 23, par. 5-2 9 305 ILCS 5/5-5 from Ch. 23, par. 5-5 10 305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4 11 305 ILCS 5/12-4.11 from Ch. 23, par. 12-4.11 12 305 ILCS 5/12-4.37 13 305 ILCS 5/12-4.39 14 305 ILCS 5/12-4.201 15 305 ILCS 20/6 from Ch. 111 2/3, par. 1406 16 305 ILCS 20/13 17 320 ILCS 20/2 from Ch. 23, par. 6602 18 320 ILCS 20/3 from Ch. 23, par. 6603 19 320 ILCS 20/4 from Ch. 23, par. 6604 20 320 ILCS 25/5 from Ch. 67 1/2, par. 405 21 320 ILCS 42/25 22 320 ILCS 42/30 23 325 ILCS 20/13.50 24 330 ILCS 126/5 25 330 ILCS 126/45 26 405 ILCS 30/4.6 SB3733 Engrossed - 1963 - LRB096 19592 AMC 34984 b 1 405 ILCS 30/4.7 2 410 ILCS 535/12 3 410 ILCS 535/18 from Ch. 111 1/2, par. 73-18 4 415 ILCS 5/3.330 was 415 ILCS 5/3.32 5 415 ILCS 5/4 from Ch. 111 1/2, par. 1004 6 415 ILCS 5/22.38 7 415 ILCS 5/42 from Ch. 111 1/2, par. 1042 8 415 ILCS 65/6 from Ch. 5, par. 856 9 415 ILCS 120/23 10 415 ILCS 120/24 11 430 ILCS 85/2-19 from Ch. 111 1/2, par. 4069 12 510 ILCS 70/4.01 from Ch. 8, par. 704.01 13 510 ILCS 72/155 14 625 ILCS 5/3-104 from Ch. 95 1/2, par. 3-104 15 625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412 16 625 ILCS 5/3-414 from Ch. 95 1/2, par. 3-414 17 625 ILCS 5/3-684 18 625 ILCS 5/3-686 19 625 ILCS 5/3-687 20 625 ILCS 5/3-688 21 625 ILCS 5/3-806 from Ch. 95 1/2, par. 3-806 22 625 ILCS 5/3-806.7 23 625 ILCS 5/3-806.8 24 625 ILCS 5/3-808.1 from Ch. 95 1/2, par. 3-808.1 25 625 ILCS 5/3-821 from Ch. 95 1/2, par. 3-821 26 625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103 SB3733 Engrossed - 1964 - LRB096 19592 AMC 34984 b 1 625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1 2 625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303 3 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 4 625 ILCS 5/11-605.2 5 625 ILCS 5/11-1301.2 from Ch. 95 1/2, par. 11-1301.2 6 625 ILCS 5/11-1301.3 from Ch. 95 1/2, par. 11-1301.3 7 625 ILCS 5/12-503 from Ch. 95 1/2, par. 12-503 8 625 ILCS 5/12-610.2 9 625 ILCS 5/12-821 10 625 ILCS 5/15-102 from Ch. 95 1/2, par. 15-102 11 625 ILCS 5/15-113 from Ch. 95 1/2, par. 15-113 12 625 ILCS 40/5-7 13 705 ILCS 105/27.5 from Ch. 25, par. 27.5 14 705 ILCS 405/2-23 from Ch. 37, par. 802-23 15 705 ILCS 405/5-710 16 705 ILCS 505/9.5 17 720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2 18 720 ILCS 5/10-5 from Ch. 38, par. 10-5 19 720 ILCS 5/10-5.5 20 720 ILCS 5/10-9 21 720 ILCS 5/11-9.4 22 720 ILCS 5/11-20.1 from Ch. 38, par. 11-20.1 23 720 ILCS 5/11-20.3 24 720 ILCS 5/12-2 from Ch. 38, par. 12-2 25 720 ILCS 5/12-3.3 26 720 ILCS 5/12-4 SB3733 Engrossed - 1965 - LRB096 19592 AMC 34984 b 1 720 ILCS 5/12-7.5 2 720 ILCS 5/14-3 3 720 ILCS 5/16-1 from Ch. 38, par. 16-1 4 720 ILCS 5/16D-2 from Ch. 38, par. 16D-2 5 720 ILCS 5/16D-3 from Ch. 38, par. 16D-3 6 720 ILCS 5/17-24 7 720 ILCS 5/17-26 8 720 ILCS 5/24-1 from Ch. 38, par. 24-1 9 720 ILCS 5/24-2 10 720 ILCS 5/25-5 was 720 ILCS 5/25-1.1 11 720 ILCS 5/26-1 from Ch. 38, par. 26-1 12 720 ILCS 5/26-5 13 720 ILCS 5/29B-1 from Ch. 38, par. 29B-1 14 720 ILCS 5/29D-25 15 720 ILCS 5/36-1 from Ch. 38, par. 36-1 16 720 ILCS 570/208 from Ch. 56 1/2, par. 1208 17 720 ILCS 570/303.05 18 720 ILCS 675/Act title 19 720 ILCS 675/0.01 from Ch. 23, par. 2356.9 20 720 ILCS 675/1 from Ch. 23, par. 2357 21 720 ILCS 677/15 22 730 ILCS 5/3-1-2 from Ch. 38, par. 1003-1-2 23 730 ILCS 5/3-3-2.1 from Ch. 38, par. 1003-3-2.1 24 730 ILCS 5/3-3-7 from Ch. 38, par. 1003-3-7 25 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3 26 730 ILCS 5/5-4.5-15 SB3733 Engrossed - 1966 - LRB096 19592 AMC 34984 b 1 730 ILCS 5/5-4.5-100 2 730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2 3 730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1 4 730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3 5 730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1 6 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 7 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4 8 730 ILCS 5/5-8-8 9 730 ILCS 5/5-9-1.1-5 10 730 ILCS 5/5-9-1.17 11 730 ILCS 5/5-9-1.18 12 735 ILCS 5/15-1701 from Ch. 110, par. 15-1701 13 735 ILCS 30/15-5-15 14 735 ILCS 30/15-5-45 rep. 15 740 ILCS 10/7.2 from Ch. 38, par. 60-7.2 16 755 ILCS 5/13-3.1 from Ch. 110 1/2, par. 13-3.1 17 755 ILCS 40/15 from Ch. 110 1/2, par. 851-15 18 765 ILCS 101/10-10 19 765 ILCS 605/18.4 from Ch. 30, par. 318.4 20 765 ILCS 1025/18 from Ch. 141, par. 118 21 805 ILCS 105/104.05 from Ch. 32, par. 104.05 22 805 ILCS 105/107.50 from Ch. 32, par. 107.50 23 805 ILCS 105/112.50 from Ch. 32, par. 112.50 24 805 ILCS 180/1-10 25 805 ILCS 180/1-26 26 805 ILCS 180/1-28 SB3733 Engrossed - 1967 - LRB096 19592 AMC 34984 b 1 815 ILCS 710/9 from Ch. 121 1/2, par. 759 2 815 ILCS 720/5 from Ch. 43, par. 305 3 820 ILCS 55/12 4 820 ILCS 130/2