Bill Text: IL SB3733 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Creates the First 2010 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2010-07-02 - Public Act . . . . . . . . . 96-1000 [SB3733 Detail]

Download: Illinois-2009-SB3733-Enrolled.html

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 In certain cases in which a repealed Act or Section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incorporate amendments to the repealed Act or Section into the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

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

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(Text of Section before amendment by P.A. 96-726)
Sec. 4.30. Acts Act repealed on January 1, 2020. The
following Acts are Act is repealed on January 1, 2020:
The Auction License Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1999.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
The Perfusionist Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09;
96-682, eff. 8-25-09; 96-730, eff. 8-25-09; 96-855, eff.
12-31-09; 96-856, eff. 12-31-09; revised 1-6-10.)
(Text of Section after amendment by P.A. 96-726)
Sec. 4.30. Acts Act repealed on January 1, 2020. The
following Acts are Act is repealed on January 1, 2020:
The Auction License Act.
The Community Association Manager Licensing and
Disciplinary Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.

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

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

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

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

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

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provides, statutory fees applicable to copies of public records
when furnished in a paper format shall not be applicable to
those records when furnished in an electronic format.
(b) Except when a fee is otherwise fixed by statute, each
public body may charge fees reasonably calculated to reimburse
its actual cost for reproducing and certifying public records
and for the use, by any person, of the equipment of the public
body to copy records. No fees shall be charged for the first 50
pages of black and white, letter or legal sized copies
requested by a requester. The fee for black and white, letter
or legal sized copies shall not exceed 15 cents per page. If a
public body provides copies in color or in a size other than
letter or legal, the public body may not charge more than its
actual cost for reproducing the records. In calculating its
actual cost for reproducing records or for the use of the
equipment of the public body to reproduce records, a public
body shall not include the costs of any search for and review
of the records or other personnel costs associated with
reproducing the records. Such fees shall be imposed according
to a standard scale of fees, established and made public by the
body imposing them. The cost for certifying a record shall not
exceed $1.
(c) Documents shall be furnished without charge or at a
reduced charge, as determined by the public body, if the person
requesting the documents states the specific purpose for the
request and indicates that a waiver or reduction of the fee is

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

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

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

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election to these offices.
(c) Members of a Commission or Board created by the
Illinois Constitution, and candidates for nomination or
election to such Commission or Board.
(d) Persons whose appointment to office is subject to
confirmation by the Senate and persons appointed by the
Governor to any other position on a board or commission
described in subsection (a) of Section 15 of the
Gubernatorial Boards and Commissions Act.
(e) Holders of, and candidates for nomination or
election to, the office of judge or associate judge of the
Circuit Court and the office of judge of the Appellate or
Supreme Court.
(f) Persons who are employed by any branch, agency,
authority or board of the government of this State,
including but not limited to, the Illinois State Toll
Highway Authority, the Illinois Housing Development
Authority, the Illinois Community College Board, and
institutions under the jurisdiction of the Board of
Trustees of the University of Illinois, Board of Trustees
of Southern Illinois University, Board of Trustees of
Chicago State University, Board of Trustees of Eastern
Illinois University, Board of Trustees of Governor's State
University, Board of Trustees of Illinois State
University, Board of Trustees of Northeastern Illinois
University, Board of Trustees of Northern Illinois

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University, Board of Trustees of Western Illinois
University, or Board of Trustees of the Illinois
Mathematics and Science Academy, and are compensated for
services as employees and not as independent contractors
and who:
(1) are, or function as, the head of a department,
commission, board, division, bureau, authority or
other administrative unit within the government of
this State, or who exercise similar authority within
the government of this State;
(2) have direct supervisory authority over, or
direct responsibility for the formulation,
negotiation, issuance or execution of contracts
entered into by the State in the amount of $5,000 or
more;
(3) have authority for the issuance or
promulgation of rules and regulations within areas
under the authority of the State;
(4) have authority for the approval of
professional licenses;
(5) have responsibility with respect to the
financial inspection of regulated nongovernmental
entities;
(6) adjudicate, arbitrate, or decide any judicial
or administrative proceeding, or review the
adjudication, arbitration or decision of any judicial

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or administrative proceeding within the authority of
the State;
(7) have supervisory responsibility for 20 or more
employees of the State;
(8) negotiate, assign, authorize, or grant naming
rights or sponsorship rights regarding any property or
asset of the State, whether real, personal, tangible,
or intangible; or
(9) have responsibility with respect to the
procurement of goods or services.
(g) Persons who are elected to office in a unit of
local government, and candidates for nomination or
election to that office, including regional
superintendents of school districts.
(h) Persons appointed to the governing board of a unit
of local government, or of a special district, and persons
appointed to a zoning board, or zoning board of appeals, or
to a regional, county, or municipal plan commission, or to
a board of review of any county, and persons appointed to
the Board of the Metropolitan Pier and Exposition Authority
and any Trustee appointed under Section 22 of the
Metropolitan Pier and Exposition Authority Act, and
persons appointed to a board or commission of a unit of
local government who have authority to authorize the
expenditure of public funds. This subsection does not apply
to members of boards or commissions who function in an

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advisory capacity.
(i) Persons who are employed by a unit of local
government and are compensated for services as employees
and not as independent contractors and who:
(1) are, or function as, the head of a department,
division, bureau, authority or other administrative
unit within the unit of local government, or who
exercise similar authority within the unit of local
government;
(2) have direct supervisory authority over, or
direct responsibility for the formulation,
negotiation, issuance or execution of contracts
entered into by the unit of local government in the
amount of $1,000 or greater;
(3) have authority to approve licenses and permits
by the unit of local government; this item does not
include employees who function in a ministerial
capacity;
(4) adjudicate, arbitrate, or decide any judicial
or administrative proceeding, or review the
adjudication, arbitration or decision of any judicial
or administrative proceeding within the authority of
the unit of local government;
(5) have authority to issue or promulgate rules and
regulations within areas under the authority of the
unit of local government; or

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(6) have supervisory responsibility for 20 or more
employees of the unit of local government.
(j) Persons on the Board of Trustees of the Illinois
Mathematics and Science Academy.
(k) Persons employed by a school district in positions
that require that person to hold an administrative or a
chief school business official endorsement.
(l) Special government agents. A "special government
agent" is a person who is directed, retained, designated,
appointed, or employed, with or without compensation, by or
on behalf of a statewide executive branch constitutional
officer to make an ex parte communication under Section
5-50 of the State Officials and Employees Ethics Act or
Section 5-165 of the Illinois Administrative Procedure
Act.
(m) Members of the board of commissioners of any flood
prevention district.
(n) Members of the board of any retirement system or
investment board established under the Illinois Pension
Code, if not required to file under any other provision of
this Section.
(o) Members of the board of any pension fund
established under the Illinois Pension Code, if not
required to file under any other provision of this Section.
This Section shall not be construed to prevent any unit of
local government from enacting financial disclosure

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

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

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

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

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

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5. "Municipal election" means an election or primary,
either regular or special, in cities, villages, and
incorporated towns; and "municipality" means any such city,
village or incorporated town.
6. "Political or governmental subdivision" means any unit
of local government, or school district in which elections are
or may be held. "Political or governmental subdivision" also
includes, for election purposes, Regional Boards of School
Trustees, and Township Boards of School Trustees.
7. The word "township" and the word "town" shall apply
interchangeably to the type of governmental organization
established in accordance with the provisions of the Township
Code. The term "incorporated town" shall mean a municipality
referred to as an incorporated town in the Illinois Municipal
Code, as now or hereafter amended.
8. "Election authority" means a county clerk or a Board of
Election Commissioners.
9. "Election Jurisdiction" means (a) an entire county, in
the case of a county in which no city board of election
commissioners is located or which is under the jurisdiction of
a county board of election commissioners; (b) the territorial
jurisdiction of a city board of election commissioners; and (c)
the territory in a county outside of the jurisdiction of a city
board of election commissioners. In each instance election
jurisdiction shall be determined according to which election
authority maintains the permanent registration records of

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 33 - LRB096 19592 AMC 34984 b
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........)
)ss
County of ..........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................
(His or her signature or mark)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 50 - LRB096 19592 AMC 34984 b
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)
)ss
County of ........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return
to the State of Illinois, and that the above statements are
true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).

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

SB3733 Enrolled - 52 - LRB096 19592 AMC 34984 b
Illinois will be entitled at its national nominating
convention. The State Board of Elections shall meet promptly
and, not less than 20 days prior to the first date for filing
of such petitions, shall publish and certify to the county
clerk in each county the number of delegates or alternate
delegates to be elected from each congressional district or
from the State at large or State convention of a political
party, as the case may be, according to the method chosen by
each State central committee. If a State central committee
fails to certify to the State Board of Elections its choice of
one of the following methods prior to the aforementioned
meeting of the State Board of Elections, the State Board of
Elections shall certify delegates for that political party
pursuant to whichever of the alternatives below was used by
that political party pursuant to whichever of the alternatives
below was used by that political party in the most recent year
in which delegates were selected, subject to any subsequent
amendments.
Prior to the aforementioned meeting of the State Board of
Elections at which the Board shall publish and certify to the
county clerk the number of delegates or alternate delegates to
be elected from each congressional district or the State at
large or State convention, the Secretary of State shall
ascertain from the call of the national convention of each
political party the number of delegates and alternate delegates
to which Illinois will be entitled at the respective national

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

SB3733 Enrolled - 54 - LRB096 19592 AMC 34984 b
be allocated from this number to each district. After reserving
10 delegates to be delegates at large and allocating 2
delegates to each district, the Board shall allocate the
remaining delegates to the congressional districts pursuant to
the following formula:
(a) For each district, the number of remaining
delegates shall be multiplied by a fraction, the numerator
of which is the vote cast in the congressional district for
the party's nominee in the last Presidential election, and
the denominator of which is the vote cast in the State for
the party's nominee in the last Presidential election.
(b) The Board shall first allocate to each district a
number of delegates equal to the whole number in the
product resulting from the multiplication procedure in
subparagraph (a).
(c) The Board shall then allocate any remaining
delegates, one to each district, in the order of the
largest fractional remainder in the product resulting from
the multiplication procedure in subparagraph (a), omitting
those districts for which that product is less than 1.875.
(d) The Board shall then allocate any remaining
delegates, one to each district, in the order of the
largest fractional remainder in the product resulting from
the multiplication procedure in subparagraph (a), among
those districts for which that product is at least one but
less than 1.875.

SB3733 Enrolled - 55 - LRB096 19592 AMC 34984 b
(e) Any delegates remaining unallocated shall be
delegates at large and shall be selected as determined by
the State central committee under paragraph 1 of this
Alternative A.
3. The alternate delegates at large shall be allocated in
the same manner as the delegates at large. The alternate
delegates other than the alternate delegates at large shall be
allocated in the same manner as the delegates other than the
delegates at large.
Alternative B: the chairman of the State central committee
shall file with the State Board of Elections a statement of the
number of delegates and alternate delegates to which the State
is entitled and the number of such delegates and alternate
delegates to be elected from congressional districts. The State
Board of Elections shall allocate such number of delegates and
alternate delegates, as the case may be, among the
congressional districts in the State for election from the
congressional districts.
The Board shall utilize the sum of 1/3 of each of the
following formulae to determine the number of delegates and
alternate delegates, as the case may be, to be elected from
each congressional district:
(1) Formula 1 shall be determined by multiplying paragraphs
(a) a, (b), b and (c) c together as follows:
(a) The fraction derived by dividing the population of
the district by the population of the State and adding to

SB3733 Enrolled - 56 - LRB096 19592 AMC 34984 b
that fraction the following: 1/2 of the fraction calculated
by dividing the total district vote for the party's
candidate in the most recent presidential election by the
total statewide vote for that candidate in that election,
plus 1/2 of the fraction calculated by dividing the total
district vote for the party's candidate in the second most
recent Presidential election by the total statewide vote
for that candidate in that election;
(b) 1/2;
(c) The number of delegates or alternate delegates, as
the case may be, to which the State is entitled at the
party's national nominating convention.
(2) Formula 2 shall be determined by multiplying paragraphs
(a) a, (b), b and (c) c together as follows:
(a) The fraction calculated by dividing the total
numbers of votes in the district for the party's candidate
in the most recent Gubernatorial election by the total
statewide vote for that candidate in that election, plus,
the fraction calculated by dividing the total district vote
for the party's candidate in the most recent presidential
election by the total statewide vote for that candidate in
that election; .
(b) 1/2;
(c) The number of delegates or alternate delegates, as
the case may be, to which the State is entitled at the
party's national nominating convention.

SB3733 Enrolled - 57 - LRB096 19592 AMC 34984 b
(3) Formula 3 shall be determined by multiplying paragraphs
(a) a, (b), b and (c) c together as follows:
(a) 1/2 of the fraction calculated by dividing the
total district vote for the party's candidate in the most
recent presidential election by the total statewide vote
for that candidate in that election, plus 1/2 of the
fraction calculated by dividing the total district vote for
the party's candidate in the second most recent
presidential election by the total statewide vote for that
candidate in that election. This sum shall be added to the
fraction calculated by dividing the total voter
registration of the party in the district by the total
voter registration of the party in the State as of January
1 of the year prior to the year in which the national
nominating convention is held;
(b) 1/2;
(c) The number of delegates or alternate delegates, as
the case may be, to which the State is entitled at the
party's national nominating convention.
Fractional numbers of delegates and alternate delegates
shall be rounded upward in rank order to the next whole number,
largest fraction first, until the total number of delegates and
alternate delegates, respectively, to be so chosen have been
allocated.
The remainder of the delegates and alternate delegates
shall be selected as determined by the State central committee

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

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

SB3733 Enrolled - 60 - LRB096 19592 AMC 34984 b
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day
(Source: P.A. 95-440, eff. 8-27-07; 96-312, eff. 1-1-10;
96-553, eff. 8-17-09; revised 9-15-09.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile Court
Act of 1987. Whenever a child is taken into temporary custody
pursuant to an investigation under the Abused and Neglected
Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited
custody, the Department, during the period of temporary custody
and before the child is brought before a judicial officer as
required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
Court Act of 1987, shall have the authority, responsibilities
and duties that a legal custodian of the child would have under
subsection (9) of Section 1-3 of the Juvenile Court Act of
1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian or custodian of a child in the temporary
custody of the Department who would have custody of the child
if he were not in the temporary custody of the Department may
deliver to the Department a signed request that the Department
surrender the temporary custody of the child. The Department
may retain temporary custody of the child for 10 days after the
receipt of the request, during which period the Department may
cause to be filed a petition pursuant to the Juvenile Court Act
of 1987. If a petition is so filed, the Department shall retain

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

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

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yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services under
this Section through the Department of Children and Family
Services or by referral from the Department of Human Services.
Youth participating in services under this Section shall
cooperate with the assigned case manager in developing an
agreement identifying the services to be provided and how the
youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan. The
Department of Children and Family Services shall create clear,
readable notice of the rights of former foster youth to child
welfare services under this Section and how such services may
be obtained. The Department of Children and Family Services and
the Department of Human Services shall disseminate this
information statewide. The Department shall adopt regulations
describing services intended to assist minors in achieving
sustainable self-sufficiency as independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who request
or receive child welfare services from the Department. Children

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who are wards of the Department and are placed by private child
welfare agencies, and foster families with whom those children
are placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the
Department, including the right to an initial review of a
private agency decision by that agency. The Department shall
insure that any private child welfare agency, which accepts
wards of the Department for placement, affords those rights to
children and foster families. The Department shall accept for
administrative review and an appeal hearing a complaint made by
(i) a child or foster family concerning a decision following an
initial review by a private child welfare agency or (ii) a
prospective adoptive parent who alleges a violation of
subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner.
(p) There is hereby created the Department of Children and
Family Services Emergency Assistance Fund from which the
Department may provide special financial assistance to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been separated
due to child abuse and neglect. The Department shall establish
administrative rules specifying the criteria for determining
eligibility for and the amount and nature of assistance to be

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provided. The Department may also enter into written agreements
with private and public social service agencies to provide
emergency financial services to families referred by the
Department. Special financial assistance payments shall be
available to a family no more than once during each fiscal year
and the total payments to a family may not exceed $500 during a
fiscal year.
(q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department.
The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for Veterans'
Benefits, Social Security benefits, assistance allotments from
the armed forces, court ordered payments, parental voluntary
payments, Supplemental Security Income, Railroad Retirement
payments, Black Lung benefits, or other miscellaneous
payments. Interest earned by each account shall be credited to
the account, unless disbursed in accordance with this
subsection.
In disbursing funds from children's accounts, the
Department shall:

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

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hard-to-place or handicapped child and the names of such
children who have not been placed for adoption. A list of such
names and addresses shall be maintained by the Department or
its agent, and coded lists which maintain the confidentiality
of the person seeking to adopt the child and of the child shall
be made available, without charge, to every adoption agency in
the State to assist the agencies in placing such children for
adoption. The Department may delegate to an agent its duty to
maintain and make available such lists. The Department shall
ensure that such agent maintains the confidentiality of the
person seeking to adopt the child and of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for such
purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and

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

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

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

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

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

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

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

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

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

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Navigator Act shall coordinate the grandparent child care
program under this Section with the programs and services
established and administered by the Department of Human
Services under the Kinship Navigator Act.
(c) In addition to other provisions of this Section, the
Department shall establish a program of information, social
work services, and legal services for any person age 60 or over
and any other person who may be in need of a future legal care
and custody plan who adopt, have adopted, take guardianship of,
or have taken guardianship of children previously in the
Department's custody. This program shall also assist families
of deceased adoptive parents and guardians. As part of the
program, the Department shall:
(1) Develop a protocol for identification of persons
age 60 or over and others who may be in need of future care
and custody plans, including ill caregivers, who are
adoptive parents, prospective adoptive parents, guardians,
or prospective guardians of children who are or have been
in Department custody.
(2) Provide outreach to caregivers before and after
adoption and guardianship, and to the families of deceased
caregivers, regarding Illinois legal options for future
care and custody of children.
(3) Provide training for Department and private agency
staff on methods of assisting caregivers before and after
adoption and guardianship, and the families of older and

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ill caregivers, who wish to make future care and custody
plans for children who have been wards of the Department
and who are or will be adopted by or are or will become
wards of those caregivers.
(4) Ensure that all caregivers age 60 or over who will
adopt or will become guardians of children previously in
Department custody have specifically designated future
caregivers for children in their care. The Department shall
document this designation, and the Department shall also
document acceptance of this responsibility by any future
caregiver. Documentation of future care designation shall
be included in each child's case file and adoption or
guardianship subsidy files as applicable to the child.
(5) Ensure that any designated future caregiver and the
family of a deceased caregiver have information on the
financial needs of the child and future resources that may
be available to support the child, including any adoption
assistance and subsidized guardianship for which the child
is or may be eligible.
(6) With respect to programs of social work and legal
services:
(i) Provide contracted social work services to
older and ill caregivers, and the families of deceased
caregivers, including those who will or have adopted or
will take or have taken guardianship of children
previously in Department custody. Social work services

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to caregivers will have the goal of securing a future
care and custody plan for children in their care. Such
services will include providing information to the
caregivers and families on standby guardianship,
guardianship, standby adoption, and adoption. The
Department will assist the caregiver in developing a
plan for the child if the caregiver becomes
incapacitated or terminally ill, or dies while the
child is a minor. The Department shall develop a form
to document the information given to caregivers and to
document plans for future custody, in addition to the
documentation described in subsection (b) (4). This
form shall be included in each child's case file and
adoption or guardianship subsidy files as applicable
to the child.
(ii) Through a program of contracted legal
services, assist older and ill caregivers, and the
families of deceased caregivers, with the goal of
securing court-ordered future care and custody plans
for children in their care. Court-ordered future care
and custody plans may include: standby guardianship,
successor guardianship, standby adoption, and
successor adoption. The program will also study ways in
which to provide timely and cost-effective legal
services to older and ill caregivers, and to families
of deceased caregivers in order to ensure permanency

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

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

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

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

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disabilities living in domestic settings in the community under
the Abuse of Adults with Disabilities Intervention Act.
(b) Definitions. The following definitions apply to this
Section:
"Agency" or "community agency" means (i) a community agency
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of the
State, to provide mental health service or developmental
disabilities service, or (ii) a program licensed, funded, or
certified by the Department, but not licensed or certified by
any other human services agency of the State, to provide mental
health service or developmental disabilities service.
"Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.
"Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an employee,
facility, or agency against an individual or individuals:
mental abuse, physical abuse, sexual abuse, neglect, or
financial exploitation.
"Day" means working day, unless otherwise specified.
"Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.

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"Department" means the Department of Human Services.
"Developmentally disabled" means having a developmental
disability.
"Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
"Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a gross
failure to adequately provide for, or a callused indifference
to, the health, safety, or medical needs of an individual and
(ii) results in an individual's death or other serious
deterioration of an individual's physical condition or mental
condition.
"Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility or
agency. Also, "employee" includes any employee or contractual
agent of the Department of Human Services or the community
agency involved in providing or monitoring or administering
mental health or developmental disability services. This
includes but is not limited to: owners, operators, payroll
personnel, contractors, subcontractors, and volunteers.
"Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
"Financial exploitation" means taking unjust advantage of

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an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
"Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
"Health care worker registry" or "registry" means the
health care worker registry created by the Nursing Home Care
Act.
"Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
"Mental abuse" means the use of demeaning, intimidating, or
threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress or
maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.
"Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
"Mentally ill" means having a mental illness.
"Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused, or
both the severity of the conduct and the culpability of the

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accused.
"Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results in
either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety at
substantial risk.
"Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
"Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
"Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Secretary" means the Chief Administrative Officer of the
Department.
"Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,

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including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior.
"Substantiated" means there is a preponderance of the
evidence to support the allegation.
"Unfounded" means there is no credible evidence to support
the allegation.
"Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
(c) Appointment. The Governor shall appoint, and the Senate
shall confirm, an Inspector General. The Inspector General
shall be appointed for a term of 4 years and shall function
within the Department of Human Services and report to the
Secretary and the Governor.
(d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
(e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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"Day" means working day, unless otherwise specified.
"Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.
"Department" means the Department of Human Services.
"Developmentally disabled" means having a developmental
disability.
"Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
"Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a gross
failure to adequately provide for, or a callused indifference
to, the health, safety, or medical needs of an individual and
(ii) results in an individual's death or other serious
deterioration of an individual's physical condition or mental
condition.
"Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility or
agency. Also, "employee" includes any employee or contractual
agent of the Department of Human Services or the community
agency involved in providing or monitoring or administering
mental health or developmental disability services. This

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includes but is not limited to: owners, operators, payroll
personnel, contractors, subcontractors, and volunteers.
"Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
"Financial exploitation" means taking unjust advantage of
an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
"Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
"Health care worker registry" or "registry" means the
health care worker registry created by the Nursing Home Care
Act.
"Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
"Mental abuse" means the use of demeaning, intimidating, or
threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress or
maladaptive behavior, or could have resulted in emotional
distress or maladaptive behavior, for any individual present.
"Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.

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"Mentally ill" means having a mental illness.
"Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused, or
both the severity of the conduct and the culpability of the
accused.
"Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results in
either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety at
substantial risk.
"Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
"Recommendation" means an admonition, separate from a
finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
"Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more

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of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Secretary" means the Chief Administrative Officer of the
Department.
"Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior.
"Substantiated" means there is a preponderance of the
evidence to support the allegation.
"Unfounded" means there is no credible evidence to support
the allegation.
"Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
(c) Appointment. The Governor shall appoint, and the Senate
shall confirm, an Inspector General. The Inspector General
shall be appointed for a term of 4 years and shall function
within the Department of Human Services and report to the
Secretary and the Governor.
(d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and

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recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
(e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from
happening to individuals under its jurisdiction: mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,
the Inspector General may assist another agency of the State in
investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the
Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State
Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be
referred to the Office of the Governor's Executive Inspector

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General for investigation.
(f) Limitations. The Inspector General shall not conduct an
investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection limits
investigations by the Department that may otherwise be required
by law or that may be necessary in the Department's capacity as
central administrative authority responsible for the operation
of the State's mental health and developmental disabilities
facilities.
(g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the
allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with, an
investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which
the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department in
preventing further occurrences of mental abuse, physical

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abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
(h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons receiving
treatment for mental illness, developmental disability, or
both mental illness and developmental disability, and (ii)
establish and conduct periodic training programs for facility
and agency employees concerning the prevention and reporting of
any one or more of the following: mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation. Nothing in this Section shall be deemed to
prevent the Office of Inspector General from conducting any
other training as determined by the Inspector General to be
necessary or helpful.
(i) Duty to cooperate.
(1) The Inspector General shall at all times be granted
access to any facility or agency for the purpose of
investigating any allegation, conducting unannounced site
visits, monitoring compliance with a written response, or
completing any other statutorily assigned duty. The
Inspector General shall conduct unannounced site visits to
each facility at least annually for the purpose of
reviewing and making recommendations on systemic issues

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relative to preventing, reporting, investigating, and
responding to all of the following: mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, or
financial exploitation.
(2) Any employee who fails to cooperate with an Office
of the Inspector General investigation is in violation of
this Act. Failure to cooperate with an investigation
includes, but is not limited to, any one or more of the
following: (i) creating and transmitting a false report to
the Office of the Inspector General hotline, (ii) providing
false information to an Office of the Inspector General
Investigator during an investigation, (iii) colluding with
other employees to cover up evidence, (iv) colluding with
other employees to provide false information to an Office
of the Inspector General investigator, (v) destroying
evidence, (vi) withholding evidence, or (vii) otherwise
obstructing an Office of the Inspector General
investigation. Additionally, any employee who, during an
unannounced site visit or written response compliance
check, fails to cooperate with requests from the Office of
the Inspector General is in violation of this Act.
(j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all
documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a

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

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of the following:
(i) Any death of an individual occurring within 14
calendar days after discharge or transfer of the
individual from a residential program or facility.
(ii) Any death of an individual occurring within 24
hours after deflection from a residential program or
facility.
(iii) Any other death of an individual occurring at
an agency or facility or at any Department-funded site.
(3) Retaliation. It is a violation of this Act for any
employee or administrator of an agency or facility to take
retaliatory action against an employee who acts in good
faith in conformance with his or her duties as a required
reporter.
(l) Reporting criminal acts. Within 24 hours after
determining that there is credible evidence indicating that a
criminal act may have been committed or that special expertise
may be required in an investigation, the Inspector General
shall notify the Department of State Police or other
appropriate law enforcement authority, or ensure that such
notification is made. The Department of State Police shall
investigate any report from a State-operated facility
indicating a possible murder, sexual assault, or other felony
by an employee. All investigations conducted by the Inspector
General shall be conducted in a manner designed to ensure the
preservation of evidence for possible use in a criminal

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

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

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(o) Disclosure of the finding by the Inspector General. The
Inspector General shall disclose the finding of an
investigation to the following persons: (i) the Governor, (ii)
the Secretary, (iii) the director of the facility or agency,
(iv) the alleged victims and their guardians, (v) the
complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
(p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,
any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure or certification,
or (iv) the imposition of appropriate sanctions.
(q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs
that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 164 - LRB096 19592 AMC 34984 b
examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining, for
the respective professions, trades, and occupations, what
shall constitute a school, college, or university, or
department of a university, or other institution,
reputable and in good standing, and to determine the
reputability and good standing of a school, college, or
university, or department of a university, or other
institution, reputable and in good standing, by reference
to a compliance with those rules and regulations; provided,
that no school, college, or university, or department of a
university, or other institution that refuses admittance
to applicants solely on account of race, color, creed, sex,
or national origin shall be considered reputable and in
good standing.
(5) To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as authorized in any
licensing Act administered by the Department with regard to
licenses, certificates, or authorities of persons
exercising the respective professions, trades, or
occupations and to revoke, suspend, refuse to renew, place
on probationary status, or take other disciplinary action
as authorized in any licensing Act administered by the
Department with regard to those licenses, certificates, or
authorities. The Department shall issue a monthly

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

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authorized by the Civil Administrative Code of Illinois to
a person who is certified by the Department of Healthcare
and Family Services (formerly Illinois Department of
Public Aid) as being more than 30 days delinquent in
complying with a child support order or who is certified by
a court as being in violation of the Non-Support Punishment
Act for more than 60 days. The Department may, however,
issue a license or renewal if the person has established a
satisfactory repayment record as determined by the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or if the person is
determined by the court to be in compliance with the
Non-Support Punishment Act. The Department may implement
this paragraph as added by Public Act 89-6 through the use
of emergency rules in accordance with Section 5-45 of the
Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of
rules to implement this paragraph shall be considered an
emergency and necessary for the public interest, safety,
and welfare.
(6) To transfer jurisdiction of any realty under the
control of the Department to any other department of the
State Government or to acquire or accept federal lands when
the transfer, acquisition, or acceptance is advantageous
to the State and is approved in writing by the Governor.
(7) To formulate rules and regulations necessary for

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

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that license, certification, or authority until 3 years after
the effective date of the revocation.
(b) The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
(c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the

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

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

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

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

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establish and administer a program to award capital grants to
Illinois hospitals licensed under the Hospital Licensing Act.
Grants awarded under this program shall only be used to fund
capital projects to improve or renovate the hospital's facility
or to improve, replace or acquire the hospital's equipment or
technology. Such projects may include, but are not limited to,
projects to satisfy any building code, safety standard or life
safety code; projects to maintain, improve, renovate, expand or
construct buildings or structures; projects to maintain,
establish or improve health information technology; or
projects to maintain or improve patient safety, quality of care
or access to care.
The Department shall establish rules necessary to
implement the Hospital Capital Investment Program, including
application standards, requirements for the distribution and
obligation of grant funds, accounting for the use of the funds,
reporting the status of funded projects, and standards for
monitoring compliance with standards. In awarding grants under
this Section, the Department shall consider criteria that
include but are not limited to: the financial requirements of
the project and the extent to which the grant makes it possible
to implement the project; the proposed project's likely benefit
in terms of patient safety or quality of care; and the proposed
project's likely benefit in terms of maintaining or improving
access to care.
The Department shall approve a hospital's eligibility for a

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

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2008 greater than 43%, that is not affiliated with a
hospital system that owns or operates more than 3
hospitals, and that has more than 13,500 Medicaid inpatient
days.
(2) Any general acute care hospital that is located in
a county of more than 3,000,000 inhabitants and has a
Medicaid inpatient utilization rate for the rate year
beginning on October 1, 2008 greater than 55% and has
authorized beds for the obstetric-gynecology category of
service as reported in the 2008 Annual Hospital Bed Report,
issued by the Illinois Department of Public Health.
(3) Any hospital that is defined in 89 Illinois
Administrative Code Section 149.50(c)(3)(A) and that has
less than 20,000 Medicaid inpatient days.
(4) Any general acute care hospital that is located in
a county of less than 3,000,000 inhabitants and has a
Medicaid inpatient utilization rate for the rate year
beginning on October 1, 2008 greater than 64%.
(5) Any general acute care hospital that is located in
a county of over 3,000,000 inhabitants and a city of less
than 1,000,000 inhabitants, that has a Medicaid inpatient
utilization rate for the rate year beginning on October 1,
2008 greater than 22%, that has more than 12,000 Medicaid
inpatient days, and that has a case mix index greater than
0.71.
(c) Community Hospital Grants. The Department shall make a

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

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

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

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(4) to help identify new genes responsible for
diabetes.
(c) Physicians licensed to practice medicine in all its
branches and other healthcare providers treating a patient in
this State with diabetes mellitus with onset before 12 months
of age shall report to the Department the following information
from all such cases no more than 30 days after diagnosis: the
name of the physician, the name of the patient, the birthdate
of the patient, the patient's age at the onset of diabetes, the
patient's birth weight, the patient's blood sugar level at the
onset of diabetes, any family history of diabetes of any type,
and any other pertinent medical history of the patient.
Clinical laboratories performing glycosylated hemoglobin tests
in this State as of the effective date of this amendatory Act
of the 96th General Assembly for patients with diabetes
mellitus with onset before 12 months of age must report the
results of each test that the laboratory performs to the
Department within 30 days after performing such test.
(d) The Department shall create for dissemination to
physicians, healthcare providers, and clinical laboratories
performing glycosylated hemoglobin tests for patients with
monogenic neonatal diabetes mellitus a consent form. The
physician, healthcare provider, or laboratory shall obtain the
written informed consent of the patient to the disclosure of
the patient's information. At initial consultation, the
physician, healthcare provider, or laboratory representative

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shall provide the patient with a copy of the consent form and
orally review the form together with the patient in order to
obtain the informed consent of the patient and the physician's,
or healthcare provider's, or laboratory's agreement to
participate in the pilot program. A copy of the informed
consent document, signed and dated by the client and by the
physician, healthcare provider, or laboratory representative
must be kept in each client's chart. The consent form shall
contain the following:
(1) an explanation of the pilot program's purpose and
protocol;
(2) an explanation of the privacy provisions set forth
in subsections (f) and (g) of this Section; and
(3) signature lines for the physician, healthcare
provider, or laboratory representative and for the patient
to indicate in writing their agreement to participate in
the pilot program.
(e) The Department shall allow access of the registry to
neonatal diabetes mellitus research institutions participating
in the pilot program. The Department and the participating
neonatal diabetes mellitus research institution shall do the
following:
(1) compile results submitted under subsection (c) of
this Section in order to track:
(A) the prevalence and incidence of monogenic
neonatal diabetes mellitus among people tested in this

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

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(2) with the consent of each person identified in the
information; or
(3) to promote diabetes mellitus research, including
release of information to other diabetes registries and
appropriate State and federal agencies, under rules
adopted by the Department to ensure confidentiality as
required by State and federal laws.
(g) An employee of this State or a participating neonatal
diabetes mellitus research institution may not testify in a
civil, criminal, special, or other proceeding as to the
existence or contents of records, reports, or information
concerning an individual whose medical records have been used
in submitting data required under this Section unless the
individual consents in advance.
(h) Not later than December 1, 2012, the Department shall
submit a report to the General Assembly regarding the pilot
program that includes the following:
(1) an evaluation of the effectiveness of the pilot
program; and
(2) a recommendation to continue, expand, or eliminate
the pilot program.
(i) The Department shall adopt rules to implement the pilot
program, including rules to govern the format and method of
collecting glycosylated hemoglobin data, in accordance with
the Illinois Administrative Procedure Act.
(j) This Section is repealed on December 31, 2012.

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

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

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

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

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

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

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

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clerical, stenographic and other administrative personnel, and
may make expenditures within the appropriation therefor as may
be necessary to carry out the purpose of this Act. The agency
created by this Act is intended to be a successor to the agency
created under the Illinois Emergency Services and Disaster
Agency Act of 1975 and the personnel, equipment, records, and
appropriations of that agency are transferred to the successor
agency as of the effective date of this Act.
(c) The Director, subject to the direction and control of
the Governor, shall be the executive head of the Illinois
Emergency Management Agency and the State Emergency Response
Commission and shall be responsible under the direction of the
Governor, for carrying out the program for emergency management
of this State. The Director shall also maintain liaison and
cooperate with the emergency management organizations of this
State and other states and of the federal government.
(d) The Illinois Emergency Management Agency shall take an
integral part in the development and revision of political
subdivision emergency operations plans prepared under
paragraph (f) of Section 10. To this end it shall employ or
otherwise secure the services of professional and technical
personnel capable of providing expert assistance to the
emergency services and disaster agencies. These personnel
shall consult with emergency services and disaster agencies on
a regular basis and shall make field examinations of the areas,
circumstances, and conditions that particular political

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subdivision emergency operations plans are intended to apply.
(e) The Illinois Emergency Management Agency and political
subdivisions shall be encouraged to form an emergency
management advisory committee composed of private and public
personnel representing the emergency management phases of
mitigation, preparedness, response, and recovery. The Local
Emergency Planning Committee, as created under the Illinois
Emergency Planning and Community Right to Know Act, shall serve
as an advisory committee to the emergency services and disaster
agency or agencies serving within the boundaries of that Local
Emergency Planning Committee planning district for:
(1) the development of emergency operations plan
provisions for hazardous chemical emergencies; and
(2) the assessment of emergency response capabilities
related to hazardous chemical emergencies.
(f) The Illinois Emergency Management Agency shall:
(1) Coordinate the overall emergency management
program of the State.
(2) Cooperate with local governments, the federal
government and any public or private agency or entity in
achieving any purpose of this Act and in implementing
emergency management programs for mitigation,
preparedness, response, and recovery.
(2.5) Develop a comprehensive emergency preparedness
and response plan for any nuclear accident in accordance
with Section 65 of the Department of Nuclear Safety Law of

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2004 (20 ILCS 3310) and in development of the Illinois
Nuclear Safety Preparedness program in accordance with
Section 8 of the Illinois Nuclear Safety Preparedness Act.
(2.6) Coordinate with the Department of Public Health
with respect to planning for and responding to public
health emergencies.
(3) Prepare, for issuance by the Governor, executive
orders, proclamations, and regulations as necessary or
appropriate in coping with disasters.
(4) Promulgate rules and requirements for political
subdivision emergency operations plans that are not
inconsistent with and are at least as stringent as
applicable federal laws and regulations.
(5) Review and approve, in accordance with Illinois
Emergency Management Agency rules, emergency operations
plans for those political subdivisions required to have an
emergency services and disaster agency pursuant to this
Act.
(5.5) Promulgate rules and requirements for the
political subdivision emergency management exercises,
including, but not limited to, exercises of the emergency
operations plans.
(5.10) Review, evaluate, and approve, in accordance
with Illinois Emergency Management Agency rules, political
subdivision emergency management exercises for those
political subdivisions required to have an emergency

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

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

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

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

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review and comment to the agency on the likelihood that the
undertaking will have an adverse effect on a historic resource.
In the case of a private undertaking, the Director shall, not
later than 30 days following the receipt of an application with
complete documentation of the undertaking, either approve that
application allowing the undertaking to proceed or tender to
the applicant a written statement setting forth the reasons for
the requirement of an archaeological investigation. If there is
no action within 30 days after the filing of the application
with the complete documentation of the undertaking, the
applicant may deem the application approved and may proceed
with the undertaking. Thereafter, all requirements for
archaeological investigations are waived under this Act.
(c) If the Director finds that an undertaking will
adversely affect effect an historic resource or is inconsistent
with agency policies, the State agency shall consult with the
Director and shall discuss alternatives to the proposed
undertaking which could eliminate, minimize, or mitigate its
adverse effect. During the consultation process, the State
agency shall explore all feasible and prudent plans which
eliminate, minimize, or mitigate adverse effects on historic
resources. Grantees, permittees, licensees, or other parties
in interest and representatives of national, State, and local
units of government and public and private organizations may
participate in the consultation process. The process may
involve on-site inspections and public informational meetings

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pursuant to regulations issued by the Historic Preservation
Agency.
(d) The State agency and the Director may agree that there
is a feasible and prudent alternative which eliminates,
minimizes, or mitigates the adverse effect of the undertaking.
Upon such agreement, or if the State agency and the Director
agree that there are no feasible and prudent alternatives which
eliminate, minimize, or mitigate the adverse effect, the
Director shall prepare a Memorandum of Agreement describing the
alternatives or stating the finding. The State agency may
proceed with the undertaking once a Memorandum of Agreement has
been signed by both the State agency and the Director.
(e) After the consultation process, the Director and the
State agency may fail to agree on the existence of a feasible
and prudent alternative which would eliminate, minimize, or
mitigate the adverse effect of the undertaking on the historic
resource. If no agreement is reached, the agency shall call a
public meeting in the county where the undertaking is proposed
within 60 days. If, within 14 days following conclusion of the
public meeting, the State agency and the Director fail to agree
on a feasible and prudent alternative, the proposed
undertaking, with supporting documentation, shall be submitted
to the Historic Preservation Mediation Committee. The document
shall be sufficient to identify each alternative considered by
the Agency and the Director during the consultation process and
the reason for its rejection.

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(f) The Mediation Committee shall consist of the Director
and 5 persons appointed by the Director for terms of 3 years
each, each of whom shall be no lower in rank than a division
chief and each of whom shall represent a different State
agency. An agency that is a party to mediation shall be
notified of all hearings and deliberations and shall have the
right to participate in deliberations as a non-voting member of
the Committee. Within 30 days after submission of the proposed
undertaking, the Committee shall meet with the Director and the
submitting agency to review each alternative considered by the
State agency and the Director and to evaluate the existence of
a feasible and prudent alternative. In the event that the
Director and the submitting agency continue to disagree, the
Committee shall provide a statement of findings or comments
setting forth an alternative to the proposed undertaking or
stating the finding that there is no feasible or prudent
alternative. The State agency shall consider the written
comments of the Committee and shall respond in writing to the
Committee before proceeding with the undertaking.
(g) When an undertaking is being reviewed pursuant to
Section 106 of the National Historic Preservation Act of 1966,
the procedures of this law shall not apply and any review or
comment by the Director on such undertaking shall be within the
framework or procedures of the federal law. When an undertaking
involves a structure listed on the Illinois Register of
Historic Places, the rules and procedures of the Illinois

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

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

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commences, the facility is scheduled to commence operation
before 2016, at least 70% of the total carbon emissions that
the facility would otherwise emit if, at the time construction
commences, the facility is scheduled to commence operation
during 2016 or 2017, and at least 90% of the total carbon
emissions that the facility would otherwise emit if, at the
time construction commences, the facility is scheduled to
commence operation after 2017. The power block of the clean
coal facility shall not exceed allowable emission rates for
sulfur dioxide, nitrogen oxides, carbon monoxide, particulates
and mercury for a natural gas-fired combined-cycle facility the
same size as and in the same location as the clean coal
facility at the time the clean coal facility obtains an
approved air permit. All coal used by a clean coal facility
shall have high volatile bituminous rank and greater than 1.7
pounds of sulfur per million btu content, unless the clean coal
facility does not use gasification technology and was operating
as a conventional coal-fired electric generating facility on
June 1, 2009 (the effective date of Public Act 95-1027).
"Clean coal SNG facility" means a facility that uses a
gasification process to produce substitute natural gas, that
sequesters at least 90% of the total carbon emissions that the
facility would otherwise emit and that uses petroleum coke or
coal as a feedstock, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per
million btu content.

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"Commission" means the Illinois Commerce Commission.
"Costs incurred in connection with the development and
construction of a facility" means:
(1) the cost of acquisition of all real property and
improvements in connection therewith and equipment and
other property, rights, and easements acquired that are
deemed necessary for the operation and maintenance of the
facility;
(2) financing costs with respect to bonds, notes, and
other evidences of indebtedness of the Agency;
(3) all origination, commitment, utilization,
facility, placement, underwriting, syndication, credit
enhancement, and rating agency fees;
(4) engineering, design, procurement, consulting,
legal, accounting, title insurance, survey, appraisal,
escrow, trustee, collateral agency, interest rate hedging,
interest rate swap, capitalized interest and other
financing costs, and other expenses for professional
services; and
(5) the costs of plans, specifications, site study and
investigation, installation, surveys, other Agency costs
and estimates of costs, and other expenses necessary or
incidental to determining the feasibility of any project,
together with such other expenses as may be necessary or
incidental to the financing, insuring, acquisition, and
construction of a specific project and placing that project

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in operation.
"Department" means the Department of Commerce and Economic
Opportunity.
"Director" means the Director of the Illinois Power Agency.
"Demand-response" means measures that decrease peak
electricity demand or shift demand from peak to off-peak
periods.
"Energy efficiency" means measures that reduce the amount
of electricity or natural gas required to achieve a given end
use.
"Electric utility" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Facility" means an electric generating unit or a
co-generating unit that produces electricity along with
related equipment necessary to connect the facility to an
electric transmission or distribution system.
"Governmental aggregator" means one or more units of local
government that individually or collectively procure
electricity to serve residential retail electrical loads
located within its or their jurisdiction.
"Local government" means a unit of local government as
defined in Article VII of Section 1 of the Illinois
Constitution.
"Municipality" means a city, village, or incorporated
town.
"Person" means any natural person, firm, partnership,

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corporation, either domestic or foreign, company, association,
limited liability company, joint stock company, or association
and includes any trustee, receiver, assignee, or personal
representative thereof.
"Project" means the planning, bidding, and construction of
a facility.
"Public utility" has the same definition as found in
Section 3-105 of the Public Utilities Act.
"Real property" means any interest in land together with
all structures, fixtures, and improvements thereon, including
lands under water and riparian rights, any easements,
covenants, licenses, leases, rights-of-way, uses, and other
interests, together with any liens, judgments, mortgages, or
other claims or security interests related to real property.
"Renewable energy credit" means a tradable credit that
represents the environmental attributes of a certain amount of
energy produced from a renewable energy resource.
"Renewable energy resources" includes energy and its
associated renewable energy credit or renewable energy credits
from wind, solar thermal energy, photovoltaic cells and panels,
biodiesel, crops and untreated and unadulterated organic waste
biomass, tree waste, hydropower that does not involve new
construction or significant expansion of hydropower dams, and
other alternative sources of environmentally preferable
energy. For purposes of this Act, landfill gas produced in the
State is considered a renewable energy resource. "Renewable

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

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

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

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

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

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accordance with the Public Funds Investment Act, and take
and hold real and personal property as security for the
payment of funds loaned or invested.
(11) To borrow money at such rate or rates of interest
as the Agency may determine, issue its notes, bonds, or
other obligations to evidence that indebtedness, and
secure any of its obligations by mortgage or pledge of its
real or personal property, machinery, equipment,
structures, fixtures, inventories, revenues, grants, and
other funds as provided or any interest therein, wherever
situated.
(12) To enter into agreements with the Illinois Finance
Authority to issue bonds whether or not the income
therefrom is exempt from federal taxation.
(13) To procure insurance against any loss in
connection with its properties or operations in such amount
or amounts and from such insurers, including the federal
government, as it may deem necessary or desirable, and to
pay any premiums therefor.
(14) To negotiate and enter into agreements with
trustees or receivers appointed by United States
bankruptcy courts or federal district courts or in other
proceedings involving adjustment of debts and authorize
proceedings involving adjustment of debts and authorize
legal counsel for the Agency to appear in any such
proceedings.

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

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

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Fund shall be administered by the Agency to procure renewable
energy resources. Prior to June 1, 2011, resources procured
pursuant to this Section shall be procured from facilities
located in Illinois, provided the resources are available from
those facilities. If resources are not available in Illinois,
then they shall be procured in states that adjoin Illinois. If
resources are not available in Illinois or in states that
adjoin Illinois, then they may be purchased elsewhere.
Beginning June 1, 2011, resources procured pursuant to this
Section shall be procured from facilities located in Illinois
or states that adjoin Illinois. If resources are not available
in Illinois or in states that adjoin Illinois, then they may be
procured elsewhere. To the extent available, at least 75% of
these renewable energy resources shall come from wind
generation and, starting June 1, 2015, at least 6% of the
renewable energy resources used to meet these standards shall
come from solar photovoltaics.
(c) The Agency shall procure renewable energy resources at
least once each year in conjunction with a procurement event
for electric utilities required to comply with Section 1-75 of
the Act and shall, whenever possible, enter into long-term
contracts.
(d) The price paid to procure renewable energy credits
using monies from the Illinois Power Agency Renewable Energy
Resources Fund shall not exceed the winning bid prices paid for
like resources procured for electric utilities required to

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

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

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construction costs shall be expressed in nominal dollars as
of the date that the quote is prepared and shall include:
(A) capitalized financing costs during
construction;
(B) taxes, insurance, and other owner's costs; and
(C) any assumed escalation in materials and labor
beyond the date as of which the construction cost quote
is expressed;
(2) An estimate of the capital cost of the balance of
the plant, including any capital costs associated with site
preparation and remediation, sequestration of carbon
dioxide emissions, and all interconnects and interfaces
required to operate the facility, such as construction or
backfeed power supply, pipelines to transport substitute
natural gas or carbon dioxide, potable water supply,
natural gas supply, water supply, water discharge,
landfill, access roads, and coal delivery. The front-end
engineering and design study and the cost study for the
balance of the plant shall include sufficient design work
to permit quantification of major categories of materials,
commodities and labor hours, and receipt of quotes from
vendors of major equipment required to construct and
operate the facility.
(3) An operating and maintenance cost quote that will
provide the estimated cost of delivered fuel, personnel,
maintenance contracts, chemicals, catalysts, consumables,

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spares, and other fixed and variable operating and
maintenance costs. This quote is subject to the following
requirements:
(A) The delivered fuel cost estimate shall be
provided by a recognized third party expert or experts
in the fuel and transportation industries.
(B) The balance of the operating and maintenance
cost quote, excluding delivered fuel costs shall be
developed based on the inputs provided by a duly
licensed engineering firm performing the construction
cost quote, potential vendors under long-term service
agreements and plant operating agreements, or
recognized third-party plant operator or operators.
The operating and maintenance cost quote shall be
expressed in nominal dollars as of the date that the quote
is prepared and shall include (i) taxes, insurance, and
other owner's costs and (ii) any assumed escalation in
materials and labor beyond the date as of which the
operating and maintenance cost quote is expressed.
(c) Reasonable amounts paid or due to be paid by the owner
or owners of the clean coal SNG facility to third parties
unrelated to the owner or owners to prepare the facility cost
report will be reimbursed or paid up to $10 million through
Coal Development Bonds.
(d) The Agency shall review the facility report and based
on that report, consider whether to enter into long term

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

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

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

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to individuals with end stage renal disease who have elected to
receive home dialysis. This Act does not apply to a dialysis
unit located in a licensed nursing home that offers or provides
dialysis-related services to residents with end stage renal
disease who have elected to receive home dialysis within the
nursing home. The Board, however, may require these dialysis
facilities and licensed nursing homes to report statistical
information on a quarterly basis to the Board to be used by the
Board to conduct analyses on the need for proposed kidney
disease treatment centers.
This Act shall not apply to the closure of an entity or a
portion of an entity licensed under the Nursing Home Care Act,
with the exceptions of facilities operated by a county or
Illinois Veterans Homes, that elects to convert, in whole or in
part, to an assisted living or shared housing establishment
licensed under the Assisted Living and Shared Housing Act.
This Act does not apply to any change of ownership of a
healthcare facility that is licensed under the Nursing Home
Care Act, with the exceptions of facilities operated by a
county or Illinois Veterans Homes. Changes of ownership of
facilities licensed under the Nursing Home Care Act must meet
the requirements set forth in Sections 3-101 through 3-119 of
the Nursing Home Care Act.
With the exception of those health care facilities
specifically included in this Section, nothing in this Act
shall be intended to include facilities operated as a part of

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the practice of a physician or other licensed health care
professional, whether practicing in his individual capacity or
within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to
physicians or other licensed health care professional's
practices where such practices are carried out in a portion of
a health care facility under contract with such health care
facility by a physician or by other licensed health care
professionals, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional groups. This Act shall apply to construction or
modification and to establishment by such health care facility
of such contracted portion which is subject to facility
licensing requirements, irrespective of the party responsible
for such action or attendant financial obligation.
"Person" means any one or more natural persons, legal
entities, governmental bodies other than federal, or any
combination thereof.
"Consumer" means any person other than a person (a) whose
major occupation currently involves or whose official capacity
within the last 12 months has involved the providing,
administering or financing of any type of health care facility,
(b) who is engaged in health research or the teaching of
health, (c) who has a material financial interest in any

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

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

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

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

SB3733 Enrolled - 228 - LRB096 19592 AMC 34984 b
accordance with the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person
licensed to practice a health profession under pertinent
licensing statutes of the State of Illinois.
"Director" means the Director of the Illinois Department of
Public Health.
"Agency" means the Illinois Department of Public Health.
"Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
"Out-of-state facility" means a person that is both (i)
licensed as a hospital or as an ambulatory surgery center under
the laws of another state or that qualifies as a hospital or an
ambulatory surgery center under regulations adopted pursuant
to the Social Security Act and (ii) not licensed under the
Ambulatory Surgical Treatment Center Act, the Hospital
Licensing Act, or the Nursing Home Care Act. Affiliates of
out-of-state facilities shall be considered out-of-state
facilities. Affiliates of Illinois licensed health care
facilities 100% owned by an Illinois licensed health care
facility, its parent, or Illinois physicians licensed to
practice medicine in all its branches shall not be considered
out-of-state facilities. Nothing in this definition shall be
construed to include an office or any part of an office of a
physician licensed to practice medicine in all its branches in
Illinois that is not required to be licensed under the
Ambulatory Surgical Treatment Center Act.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 257 - LRB096 19592 AMC 34984 b
(30 ILCS 105/5.729)
Sec. 5.729 5.719. The Illinois Power Agency Renewable
Energy Resources Fund.
(Source: P.A. 96-159, eff. 8-10-09; revised 10-20-09.)
(30 ILCS 105/5.730)
Sec. 5.730 5.719. The Hospital Stroke Care Fund.
(Source: P.A. 96-514, eff. 1-1-10; revised 10-20-09.)
(30 ILCS 105/5.731)
Sec. 5.731 5.719. The Department of Human Rights Training
and Development Fund.
(Source: P.A. 96-548, eff. 1-1-10; revised 10-20-09.)
(30 ILCS 105/5.732)
Sec. 5.732 5.719. The Trucking Environmental and Education
Fund.
(Source: P.A. 96-576, eff. 8-18-09; revised 10-20-09.)
(30 ILCS 105/5.733)
Sec. 5.733 5.719. The Illinois EMS Memorial Scholarship and
Training Fund.
(Source: P.A. 96-591, eff. 8-18-09; revised 10-20-09.)
(30 ILCS 105/5.734)

SB3733 Enrolled - 258 - LRB096 19592 AMC 34984 b
Sec. 5.734 5.719. The 2-1-1 Account Fund.
(Source: P.A. 96-599, eff. 1-1-10; revised 10-20-09.)
(30 ILCS 105/5.735)
Sec. 5.735 5.719. The Intermodal Facilities Promotion
Fund.
(Source: P.A. 96-602, eff. 8-21-09; revised 10-20-09.)
(30 ILCS 105/5.736)
Sec. 5.736 5.719. The Hunger Relief Fund.
(Source: P.A. 96-604, eff. 8-24-09; revised 10-20-09.)
(30 ILCS 105/5.737)
Sec. 5.737 5.719. The Public Interest Attorney Loan
Repayment Assistance Fund.
(Source: P.A. 96-615, eff. 1-1-10; 96-768, eff. 1-1-10; revised
10-20-09.)
(30 ILCS 105/5.738)
Sec. 5.738 5.719. The Ex-Offender Fund.
(Source: P.A. 96-656, eff. 1-1-10; revised 10-20-09.)
(30 ILCS 105/5.739)
Sec. 5.739 5.719. The Roadside Memorial Fund.
(Source: P.A. 96-667, eff. 8-25-09; revised 10-20-09.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Water Pollution Control Revolving Fund to provide assistance in
accordance with the provisions of Title IV-A of the
Environmental Protection Act; the planning, engineering,
acquisition, construction, reconstruction, alteration,
expansion, extension and improvement of highways, bridges,
structures separating highways and railroads, rest areas,
interchanges, access roads to and from any State or local
highway and other transportation improvement projects which
are related to economic development activities; the making of
loans or grants for planning, engineering, rehabilitation,
improvement or construction of rail and transit facilities; the
planning, engineering, acquisition, construction,
reconstruction and improvement of watershed, drainage, flood
control, recreation and related improvements and facilities,
including expenses related to land and easement acquisition,
relocation, control structures, channel work and clearing and
appurtenant work; the making of grants for improvement and
development of zoos and park district field houses and related
structures; and the making of grants for improvement and
development of Navy Pier and related structures.
(b) $196,000,000 for fostering economic development and
increased employment and the well being of the citizens of
Illinois, including: the making of grants for improvement and
development of McCormick Place and related structures; the
planning and construction of a microelectronics research
center, including the planning, engineering, construction,

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improvement, renovation and acquisition of buildings,
equipment and related utility support systems; the making of
loans to businesses and investments in small businesses;
acquiring real properties for industrial or commercial site
development; acquiring, rehabilitating and reconveying
industrial and commercial properties for the purpose of
expanding employment and encouraging private and other public
sector investment in the economy of Illinois; the payment of
expenses associated with siting the Superconducting Super
Collider Particle Accelerator in Illinois and with its
acquisition, construction, maintenance, operation, promotion
and support; the making of loans for the planning, engineering,
acquisition, construction, improvement and conversion of
facilities and equipment which will foster the use of Illinois
coal; the payment of expenses associated with the promotion,
establishment, acquisition and operation of small business
incubator facilities and agribusiness research facilities,
including the lease, purchase, renovation, planning,
engineering, construction and maintenance of buildings,
utility support systems and equipment designated for such
purposes and the establishment and maintenance of centralized
support services within such facilities; and the making of
grants or loans to units of local government for Urban
Development Action Grant and Housing Partnership programs.
(c) $1,352,358,100 for the development and improvement of
educational, scientific, technical and vocational programs and

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facilities and the expansion of health and human services for
all citizens of Illinois, including: the making of construction
and improvement grants and loans to public libraries and
library systems; the making of grants and loans for planning,
engineering, acquisition and construction of a new State
central library in Springfield; the planning, engineering,
acquisition and construction of an animal and dairy sciences
facility; the planning, engineering, acquisition and
construction of a campus and all related buildings, facilities,
equipment and materials for Richland Community College; the
acquisition, rehabilitation and installation of equipment and
materials for scientific and historical surveys; the making of
grants or loans for distribution to eligible vocational
education instructional programs for the upgrading of
vocational education programs, school shops and laboratories,
including the acquisition, rehabilitation and installation of
technical equipment and materials; the making of grants or
loans for distribution to eligible local educational agencies
for the upgrading of math and science instructional programs,
including the acquisition of instructional equipment and
materials; miscellaneous capital improvements for universities
and community colleges including the planning, engineering,
construction, reconstruction, remodeling, improvement, repair
and installation of capital facilities and costs of planning,
supplies, equipment, materials, services, and all other
required expenses; the making of grants or loans for repair,

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renovation and miscellaneous capital improvements for
privately operated colleges and universities and community
colleges, including the planning, engineering, acquisition,
construction, reconstruction, remodeling, improvement, repair
and installation of capital facilities and costs of planning,
supplies, equipment, materials, services, and all other
required expenses; and the making of grants or loans for
distribution to local governments for hospital and other health
care facilities including the planning, engineering,
acquisition, construction, reconstruction, remodeling,
improvement, repair and installation of capital facilities and
costs of planning, supplies, equipment, materials, services
and all other required expenses.
(d) $150,150,900 for protection, preservation, restoration
and conservation of environmental and natural resources,
including: the making of grants to soil and water conservation
districts for the planning and implementation of conservation
practices and for funding contracts with the Soil Conservation
Service for watershed planning; the making of grants to units
of local government for the capital development and improvement
of recreation areas, including planning and engineering costs,
sewer projects, including planning and engineering costs and
water projects, including planning and engineering costs, and
for the acquisition of open space lands, including the
acquisition of easements and other property interests of less
than fee simple ownership; the acquisition and related costs

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

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

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shall be filed with the Comptroller within 15 days of its
execution.
(c) Late filing affidavit. When a contract, purchase order,
grant, or lease required to be filed by this Section has not
been filed within 30 days of execution, the Comptroller shall
refuse to issue a warrant for payment thereunder until the
agency files with the Comptroller the contract, purchase order,
grant, or lease and an affidavit, signed by the chief executive
officer of the agency or his or her designee, setting forth an
explanation of why the contract liability was not filed within
30 days of execution. A copy of this affidavit shall be filed
with the Auditor General.
(d) Professional and artistic services contracts. No
voucher shall be submitted to the Comptroller for a warrant to
be drawn for the payment of money from the State treasury or
from other funds held by the State Treasurer on account of any
contract for services involving professional or artistic
skills involving an expenditure of more than $5,000 for the
same type of service at the same location during any fiscal
year unless the contract is reduced to writing before the
services are performed and filed with the Comptroller. When a
contract for professional or artistic skills in excess of
$5,000 was not reduced to writing before the services were
performed, the Comptroller shall refuse to issue a warrant for
payment for the services until the State agency files with the
Comptroller:

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

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

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

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

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

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

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

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interests of the State. If the contract is ratified and
affirmed, it shall be without prejudice to the State's rights
to any appropriate damages.
(b) If, during the term of a contract, the chief
procurement officer determines that the contractor is
delinquent in the payment of debt as set forth in Section 50-11
of this Code, the chief procurement officer may declare the
contract void if it determines that voiding the contract is in
the best interests of the State. The Debt Collection Bureau
shall adopt rules for the implementation of this subsection
(b).
(c) If, during the term of a contract, the chief
procurement officer determines that the contractor is in
violation of Section 50-10.5 of this Code, the chief
procurement officer shall declare the contract void.
(d) If, during the term of a contract, the contracting
agency learns from an annual certification or otherwise
determines that the contractor no longer qualifies to enter
into State contracts by reason of Section 50-5, 50-10, 50-12,
50-14, or 50-14.5 of this Article, the chief procurement
officer may declare the contract void if it determines that
voiding the contract is in the best interests of the State.
(e) If, during the term of a contract, the chief
procurement officer learns from an annual certification or
otherwise determines that a subcontractor subject to Section
20-120 no longer qualifies to enter into State contracts by

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

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 308 - LRB096 19592 AMC 34984 b
(2) "Female" shall mean a person who is a citizen or lawful
permanent resident of the United States and who is of the
female gender.
(2.05) "Person with a disability" means a person who is a
citizen or lawful resident of the United States and is a person
qualifying as being disabled under subdivision (2.1) of this
subsection (A).
(2.1) "Disabled" means a severe physical or mental
disability that:
(a) results from:
amputation,
arthritis,
autism,
blindness,
burn injury,
cancer,
cerebral palsy,
Crohn's disease,
cystic fibrosis,
deafness,
head injury,
heart disease,
hemiplegia,
hemophilia,
respiratory or pulmonary dysfunction,
mental retardation,

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

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

SB3733 Enrolled - 311 - LRB096 19592 AMC 34984 b
structure, or for the construction or maintenance of a highway
defined in Article 2 of the Illinois Highway Code.
(6) "State agencies" shall mean all departments, officers,
boards, commissions, institutions and bodies politic and
corporate of the State, but does not include the Board of
Trustees of the University of Illinois, the Board of Trustees
of Southern Illinois University, the Board of Trustees of
Chicago State University, the Board of Trustees of Eastern
Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University,
the Board of Trustees of Northeastern Illinois University, the
Board of Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State constitutional
officers.
(7) "State universities" shall mean the Board of Trustees
of the University of Illinois, the Board of Trustees of
Southern Illinois University, the Board of Trustees of Chicago
State University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University,
the Board of Trustees of Northeastern Illinois University, the
Board of Trustees of Northern Illinois University, and the
Board of Trustees of Western Illinois University.
(8) "Certification" means a determination made by the
Council or by one delegated authority from the Council to make

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

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

SB3733 Enrolled - 314 - LRB096 19592 AMC 34984 b
Caribbean Islands, regardless of race);
(c) Asian American (a person having origins in any of
the original peoples of the Far East, Southeast Asia, the
Indian Subcontinent or the Pacific Islands); or
(d) Native American or Alaskan Native (a person having
origins in any of the original peoples of North America).
(2) "Female" shall mean a person who is a citizen or lawful
permanent resident of the United States and who is of the
female gender.
(2.05) "Person with a disability" means a person who is a
citizen or lawful resident of the United States and is a person
qualifying as being disabled under subdivision (2.1) of this
subsection (A).
(2.1) "Disabled" means a severe physical or mental
disability that:
(a) results from:
amputation,
arthritis,
autism,
blindness,
burn injury,
cancer,
cerebral palsy,
Crohn's disease,
cystic fibrosis,
deafness,

SB3733 Enrolled - 315 - LRB096 19592 AMC 34984 b
head injury,
heart disease,
hemiplegia,
hemophilia,
respiratory or pulmonary dysfunction,
mental retardation,
mental illness,
multiple sclerosis,
muscular dystrophy,
musculoskeletal disorders,
neurological disorders, including stroke and epilepsy,
paraplegia,
quadriplegia and other spinal cord conditions,
sickle cell anemia,
ulcerative colitis,
specific learning disabilities, or
end stage renal failure disease; and
(b) substantially limits one or more of the person's major
life activities.
Another disability or combination of disabilities may also
be considered as a severe disability for the purposes of item
(a) of this subdivision (2.1) if it is determined by an
evaluation of rehabilitation potential to cause a comparable
degree of substantial functional limitation similar to the
specific list of disabilities listed in item (a) of this
subdivision (2.1).

SB3733 Enrolled - 316 - LRB096 19592 AMC 34984 b
(3) "Minority owned business" means a business concern
which is at least 51% owned by one or more minority persons, or
in the case of a corporation, at least 51% of the stock in
which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who own
it.
(4) "Female owned business" means a business concern which
is at least 51% owned by one or more females, or, in the case of
a corporation, at least 51% of the stock in which is owned by
one or more females; and the management and daily business
operations of which are controlled by one or more of the
females who own it.
(4.1) "Business owned by a person with a disability" means
a business concern that is at least 51% owned by one or more
persons with a disability and the management and daily business
operations of which are controlled by one or more of the
persons with disabilities who own it. A not-for-profit agency
for persons with disabilities that is exempt from taxation
under Section 501 of the Internal Revenue Code of 1986 is also
considered a "business owned by a person with a disability".
(4.2) "Council" means the Business Enterprise Council for
Minorities, Females, and Persons with Disabilities created
under Section 5 of this Act.
(5) "State contracts" shall mean all State contracts,
funded exclusively with State funds which are not subject to

SB3733 Enrolled - 317 - LRB096 19592 AMC 34984 b
federal reimbursement, whether competitively bid or negotiated
as defined by the Secretary of the Council and approved by the
Council.
"State construction contracts" means all State contracts
entered into by a State agency or State university for the
repair, remodeling, renovation or construction of a building or
structure, or for the construction or maintenance of a highway
defined in Article 2 of the Illinois Highway Code.
(6) "State agencies" shall mean all departments, officers,
boards, commissions, institutions and bodies politic and
corporate of the State, but does not include the Board of
Trustees of the University of Illinois, the Board of Trustees
of Southern Illinois University, the Board of Trustees of
Chicago State University, the Board of Trustees of Eastern
Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University,
the Board of Trustees of Northeastern Illinois University, the
Board of Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State constitutional
officers.
(7) "State universities" shall mean the Board of Trustees
of the University of Illinois, the Board of Trustees of
Southern Illinois University, the Board of Trustees of Chicago
State University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State

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

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

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

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

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

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

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

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

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

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received from more than one State agency, the Administrator
shall weigh the benefits to the State and determine to which
agency, if any, to transfer control of such property. The
Administrator shall coordinate the use and disposal of State
surplus real property with any State space utilization program.
(d) Any surplus real property which is not transferred to
the control of another State agency under paragraph (c) shall
be disposed of by the Administrator. No appraisal is required
if during his initial survey of surplus real property the
Administrator determines such property has a fair market value
of less than $5,000. If the value of such property is
determined by the Administrator in his initial survey to be
$5,000 or more, then the Administrator shall obtain 3
appraisals of such real property, one of which shall be
performed by an appraiser residing in the county in which said
surplus real property is located. The average of these 3
appraisals, plus the costs of obtaining the appraisals, shall
represent the fair market value of the surplus real property.
No surplus real property may be conveyed by the Administrator
for less than the fair market value. Prior to offering the
surplus real property for sale to the public the Administrator
shall give notice in writing of the existence and fair market
value of the surplus real property to the governing bodies of
the county and of all cities, villages and incorporated towns
in the county in which such real property is located. Any such
governing body may exercise its option to acquire the surplus

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

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

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

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

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

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after June 30, 1989, an amount equal to the sum of (i) 2
1/2% of the taxpayer's net income for the period prior to
July 1, 1989, as calculated under Section 202.3, and (ii)
3% of the taxpayer's net income for the period after June
30, 1989, as calculated under Section 202.3.
(3) In the case of an individual, trust or estate, for
taxable years beginning after June 30, 1989, an amount
equal to 3% of the taxpayer's net income for the taxable
year.
(4) (Blank).
(5) (Blank).
(6) In the case of a corporation, for taxable years
ending prior to July 1, 1989, an amount equal to 4% of the
taxpayer's net income for the taxable year.
(7) In the case of a corporation, for taxable years
beginning prior to July 1, 1989 and ending after June 30,
1989, an amount equal to the sum of (i) 4% of the
taxpayer's net income for the period prior to July 1, 1989,
as calculated under Section 202.3, and (ii) 4.8% of the
taxpayer's net income for the period after June 30, 1989,
as calculated under Section 202.3.
(8) In the case of a corporation, for taxable years
beginning after June 30, 1989, an amount equal to 4.8% of
the taxpayer's net income for the taxable year.
(c) Personal Property Tax Replacement Income Tax.
Beginning on July 1, 1979 and thereafter, in addition to such

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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consecutive days in order to be deemed hired for
purposes of this subsection.
(3) An "eligible employee" means an employee who is:
(A) Certified by the Department of Commerce and
Economic Opportunity as "eligible for services"
pursuant to regulations promulgated in accordance with
Title II of the Job Training Partnership Act, Training
Services for the Disadvantaged or Title III of the Job
Training Partnership Act, Employment and Training
Assistance for Dislocated Workers Program.
(B) Hired after the enterprise zone, River Edge
Redevelopment Zone, or federally designated Foreign
Trade Zone or Sub-Zone was designated or the trade or
business was located in that zone, whichever is later.
(C) Employed in the enterprise zone, River Edge
Redevelopment Zone, or Foreign Trade Zone or Sub-Zone.
An employee is employed in an enterprise zone or
federally designated Foreign Trade Zone or Sub-Zone if
his services are rendered there or it is the base of
operations for the services performed.
(D) A full-time employee working 30 or more hours
per week.
(4) For tax years ending on or after December 31, 1985
and prior to December 31, 1988, the credit shall be allowed
for the tax year in which the eligible employees are hired.
For tax years ending on or after December 31, 1988, the

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credit shall be allowed for the tax year immediately
following the tax year in which the eligible employees are
hired. If the amount of the credit exceeds the tax
liability for that year, whether it exceeds the original
liability or the liability as later amended, such excess
may be carried forward and applied to the tax liability of
the 5 taxable years following the excess credit year. The
credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than one
tax year that is available to offset a liability, earlier
credit shall be applied first.
(5) The Department of Revenue shall promulgate such
rules and regulations as may be deemed necessary to carry
out the purposes of this subsection (g).
(6) The credit shall be available for eligible
employees hired on or after January 1, 1986.
(h) Investment credit; High Impact Business.
(1) Subject to subsections (b) and (b-5) of Section 5.5
of the Illinois Enterprise Zone Act, a taxpayer shall be
allowed a credit against the tax imposed by subsections (a)
and (b) of this Section for investment in qualified
property which is placed in service by a Department of
Commerce and Economic Opportunity designated High Impact
Business. The credit shall be .5% of the basis for such
property. The credit shall not be available (i) until the
minimum investments in qualified property set forth in

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subdivision (a)(3)(A) of Section 5.5 of the Illinois
Enterprise Zone Act have been satisfied or (ii) until the
time authorized in subsection (b-5) of the Illinois
Enterprise Zone Act for entities designated as High Impact
Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
(a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
Act, and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. The
credit applicable to such investments shall be taken in the
taxable year in which such investments have been completed.
The credit for additional investments beyond the minimum
investment by a designated high impact business authorized
under subdivision (a)(3)(A) of Section 5.5 of the Illinois
Enterprise Zone Act shall be available only in the taxable
year in which the property is placed in service and shall
not be allowed to the extent that it would reduce a
taxpayer's liability for the tax imposed by subsections (a)
and (b) of this Section to below zero. For tax years ending
on or after December 31, 1987, the credit shall be allowed
for the tax year in which the property is placed in
service, or, if the amount of the credit exceeds the tax
liability for that year, whether it exceeds the original
liability or the liability as later amended, such excess
may be carried forward and applied to the tax liability of
the 5 taxable years following the excess credit year. The

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credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than one
tax year that is available to offset a liability, the
credit accruing first in time shall be applied first.
Changes made in this subdivision (h)(1) by Public Act
88-670 restore changes made by Public Act 85-1182 and
reflect existing law.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(h);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code; and
(D) is not eligible for the Enterprise Zone
Investment Credit provided by subsection (f) of this
Section.
(3) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(4) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed
in service in a federally designated Foreign Trade Zone or

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Sub-Zone located in Illinois by the taxpayer, the amount of
such increase shall be deemed property placed in service on
the date of such increase in basis.
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year ending on or before
December 31, 1996, any property ceases to be qualified
property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any
qualified property is moved outside Illinois within 48
months after being placed in service, the tax imposed under
subsections (a) and (b) of this Section for such taxable
year shall be increased. Such increase shall be determined
by (i) recomputing the investment credit which would have
been allowed for the year in which credit for such property
was originally allowed by eliminating such property from
such computation, and (ii) subtracting such recomputed
credit from the amount of credit previously allowed. For
the purposes of this paragraph (6), a reduction of the
basis of qualified property resulting from a
redetermination of the purchase price shall be deemed a
disposition of qualified property to the extent of such
reduction.
(7) Beginning with tax years ending after December 31,
1996, if a taxpayer qualifies for the credit under this
subsection (h) and thereby is granted a tax abatement and

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the taxpayer relocates its entire facility in violation of
the explicit terms and length of the contract under Section
18-183 of the Property Tax Code, the tax imposed under
subsections (a) and (b) of this Section shall be increased
for the taxable year in which the taxpayer relocated its
facility by an amount equal to the amount of credit
received by the taxpayer under this subsection (h).
(i) Credit for Personal Property Tax Replacement Income
Tax. For tax years ending prior to December 31, 2003, a credit
shall be allowed against the tax imposed by subsections (a) and
(b) of this Section for the tax imposed by subsections (c) and
(d) of this Section. This credit shall be computed by
multiplying the tax imposed by subsections (c) and (d) of this
Section by a fraction, the numerator of which is base income
allocable to Illinois and the denominator of which is Illinois
base income, and further multiplying the product by the tax
rate imposed by subsections (a) and (b) of this Section.
Any credit earned on or after December 31, 1986 under this
subsection which is unused in the year the credit is computed
because it exceeds the tax liability imposed by subsections (a)
and (b) for that year (whether it exceeds the original
liability or the liability as later amended) may be carried
forward and applied to the tax liability imposed by subsections
(a) and (b) of the 5 taxable years following the excess credit
year, provided that no credit may be carried forward to any
year ending on or after December 31, 2003. This credit shall be

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applied first to the earliest year for which there is a
liability. If there is a credit under this subsection from more
than one tax year that is available to offset a liability the
earliest credit arising under this subsection shall be applied
first.
If, during any taxable year ending on or after December 31,
1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under this
subsection (i) is reduced, the amount of credit for such tax
shall also be reduced. Such reduction shall be determined by
recomputing the credit to take into account the reduced tax
imposed by subsections (c) and (d). If any portion of the
reduced amount of credit has been carried to a different
taxable year, an amended return shall be filed for such taxable
year to reduce the amount of credit claimed.
(j) Training expense credit. Beginning with tax years
ending on or after December 31, 1986 and prior to December 31,
2003, a taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) under this Section for all
amounts paid or accrued, on behalf of all persons employed by
the taxpayer in Illinois or Illinois residents employed outside
of Illinois by a taxpayer, for educational or vocational
training in semi-technical or technical fields or semi-skilled
or skilled fields, which were deducted from gross income in the
computation of taxable income. The credit against the tax
imposed by subsections (a) and (b) shall be 1.6% of such

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (11). Agricultural chemical tender tanks and dry
boxes shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (11) is exempt from the
provisions of Section 3-90.

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

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manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
(16) Until July 1, 2003, coal exploration, mining,
offhighway hauling, processing, maintenance, and reclamation
equipment, including replacement parts and equipment, and
including equipment purchased for lease, but excluding motor
vehicles required to be registered under the Illinois Vehicle
Code.
(17) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the
retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.
(18) Manufacturing and assembling machinery and equipment
used primarily in the process of manufacturing or assembling
tangible personal property for wholesale or retail sale or
lease, whether that sale or lease is made directly by the
manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether that sale or lease is made apart from or as
an incident to the seller's engaging in the service occupation
of producing machines, tools, dies, jigs, patterns, gauges, or
other similar items of no commercial value on special order for
a particular purchaser.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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With respect to gasohol, the tax imposed by this Act
applies to (i) 70% of the proceeds of sales made on or after
January 1, 1990, and before July 1, 2003, (ii) 80% of the
proceeds of sales made on or after July 1, 2003 and on or
before December 31, 2013, and (iii) 100% of the proceeds of
sales made thereafter. If, at any time, however, the tax under
this Act on sales of gasohol is imposed at the rate of 1.25%,
then the tax imposed by this Act applies to 100% of the
proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, the tax
imposed by this Act does not apply to the proceeds of sales
made on or after July 1, 2003 and on or before December 31,
2013 but applies to 100% of the proceeds of sales made
thereafter.
With respect to biodiesel blends with no less than 1% and
no more than 10% biodiesel, the tax imposed by this Act applies
to (i) 80% of the proceeds of sales made on or after July 1,
2003 and on or before December 31, 2013 and (ii) 100% of the
proceeds of sales made thereafter. If, at any time, however,
the tax under this Act on sales of biodiesel blends with no
less than 1% and no more than 10% biodiesel is imposed at the
rate of 1.25%, then the tax imposed by this Act applies to 100%
of the proceeds of sales of biodiesel blends with no less than
1% and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel and biodiesel blends with
more than 10% but no more than 99% biodiesel, the tax imposed

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

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beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks, and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,

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

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(35 ILCS 105/10) (from Ch. 120, par. 439.10)
Sec. 10. Except as to motor vehicles, aircraft, watercraft,
and trailers, and except as to cigarettes as defined in the
Cigarette Use Tax Act, when tangible personal property is
purchased from a retailer for use in this State by a purchaser
who did not pay the tax imposed by this Act to the retailer,
and who does not file returns with the Department as a retailer
under Section 9 of this Act, such purchaser (by the last day of
the month following the calendar month in which such purchaser
makes any payment upon the selling price of such property)
shall, except as provided in this Section, file a return with
the Department and pay the tax upon that portion of the selling
price so paid by the purchaser during the preceding calendar
month. When tangible personal property, including but not
limited to motor vehicles and aircraft, is purchased by a
lessor, under a lease for one year or longer, executed or in
effect at the time of purchase to an interstate carrier for
hire, who did not pay the tax imposed by this Act to the
retailer, such lessor (by the last day of the month following
the calendar month in which such property reverts to the use of
such lessor) shall file a return with the Department and pay
the tax upon the fair market value of such property on the date
of such reversion. However, in determining the fair market
value at the time of reversion, the fair market value of such
property shall not exceed the original purchase price of the
property that was paid by the lessor at the time of purchase.

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Such return shall be filed on a form prescribed by the
Department and shall contain such information as the Department
may reasonably require. Such return and payment from the
purchaser shall be submitted to the Department sooner than the
last day of the month after the month in which the purchase is
made to the extent that that may be necessary in order to
secure the title to a motor vehicle or the certificate of
registration for an aircraft. However, except as to motor
vehicles and aircraft, and except as to cigarettes as defined
in the Cigarette Use Tax Act, if the purchaser's annual use tax
liability does not exceed $600, the purchaser may file the
return on an annual basis on or before April 15th of the year
following the year use tax liability was incurred.
If cigarettes, as defined in the Cigarette Use Tax Act, are
purchased from a retailer for use in this State by a purchaser
who did not pay the tax imposed by this Act to the retailer,
and who does not file returns with the Department as a retailer
under Section 9 of this Act, such purchaser must, within 30
days after acquiring the cigarettes, file a return with the
Department and pay the tax upon that portion of the selling
price so paid by the purchaser for the cigarettes.
In addition with respect to motor vehicles, aircraft,
watercraft, and trailers, a purchaser of such tangible personal
property for use in this State, who purchases such tangible
personal property from an out-of-state retailer, shall file
with the Department, upon a form to be prescribed and supplied

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by the Department, a return for each such item of tangible
personal property purchased, except that if, in the same
transaction, (i) a purchaser of motor vehicles, aircraft,
watercraft, or trailers who is a retailer of motor vehicles,
aircraft, watercraft, or trailers purchases more than one motor
vehicle, aircraft, watercraft, or trailer for the purpose of
resale or (ii) a purchaser of motor vehicles, aircraft,
watercraft, or trailers purchases more than one motor vehicle,
aircraft, watercraft, or trailer for use as qualifying rolling
stock as provided in Section 3-55 of this Act, then the
purchaser may report the purchase of all motor vehicles,
aircraft, watercraft, or trailers involved in that transaction
to the Department on a single return prescribed by the
Department. Such return in the case of motor vehicles and
aircraft must show the name and address of the seller, the
name, address of purchaser, the amount of the selling price
including the amount allowed by the retailer for traded in
property, if any; the amount allowed by the retailer for the
traded-in tangible personal property, if any, to the extent to
which Section 2 of this Act allows an exemption for the value
of traded-in property; the balance payable after deducting such
trade-in allowance from the total selling price; the amount of
tax due from the purchaser with respect to such transaction;
the amount of tax collected from the purchaser by the retailer
on such transaction (or satisfactory evidence that such tax is
not due in that particular instance if that is claimed to be

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

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

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

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

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student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (7). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 440 - LRB096 19592 AMC 34984 b
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2013 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2013 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2013 but

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

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

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

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

SB3733 Enrolled - 445 - LRB096 19592 AMC 34984 b
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2013, and (iii) 100% of the selling price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2013 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2013 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 475 - LRB096 19592 AMC 34984 b
service on or after January 1, 1990, and before July 1, 2003,
(ii) 80% of the selling price of property transferred as an
incident to the sale of service on or after July 1, 2003 and on
or before December 31, 2013, and (iii) 100% of the cost price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2013 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2013 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.

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

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

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

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

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serviceman's entire billing to the service customer. When,
however, a serviceman contracts to design, develop, and produce
special order machinery or equipment, the tax imposed by this
Act shall be based on the serviceman's cost price of the
tangible personal property transferred incident to the
completion of the contract.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act shall apply to (i) 70% of the cost
price of property transferred as an incident to the sale of
service on or after January 1, 1990, and before July 1, 2003,
(ii) 80% of the selling price of property transferred as an
incident to the sale of service on or after July 1, 2003 and on
or before December 31, 2013, and (iii) 100% of the cost price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2013 but applies to 100% of the selling price

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thereafter.
With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2013 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel material, the tax
imposed by this Act does not apply to the proceeds of the
selling price of property transferred as an incident to the
sale of service on or after July 1, 2003 and on or before
December 31, 2013 but applies to 100% of the selling price
thereafter.
At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
(34) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 2-70.
(35) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 2-70.

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

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Section 2-70.
(38) Beginning on January 1, 2002 and through June 30,
2011, tangible personal property purchased from an Illinois
retailer by a taxpayer engaged in centralized purchasing
activities in Illinois who will, upon receipt of the property
in Illinois, temporarily store the property in Illinois (i) for
the purpose of subsequently transporting it outside this State
for use or consumption thereafter solely outside this State or
(ii) for the purpose of being processed, fabricated, or
manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this State
and thereafter used or consumed solely outside this State. The
Director of Revenue shall, pursuant to rules adopted in
accordance with the Illinois Administrative Procedure Act,
issue a permit to any taxpayer in good standing with the
Department who is eligible for the exemption under this
paragraph (38). The permit issued under this paragraph (38)
shall authorize the holder, to the extent and in the manner
specified in the rules adopted under this Act, to purchase
tangible personal property from a retailer exempt from the
taxes imposed by this Act. Taxpayers shall maintain all
necessary books and records to substantiate the use and
consumption of all such tangible personal property outside of
the State of Illinois.
(39) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water

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

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

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(2) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (2). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed, if the selling price of the
tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other

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

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

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music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
(10) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the benefit
of persons 65 years of age or older if the personal property
was not purchased by the enterprise for the purpose of resale
by the enterprise.
(11) Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious,
or educational purposes, or to a not-for-profit corporation,
society, association, foundation, institution, or organization
that has no compensated officers or employees and that is
organized and operated primarily for the recreation of persons
55 years of age or older. A limited liability company may
qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,

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

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

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

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

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

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

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

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

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

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

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

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resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or a licensed facility as defined in
the MR/DD Community Care Act.
(36) Beginning August 2, 2001, computers and
communications equipment utilized for any hospital purpose and
equipment used in the diagnosis, analysis, or treatment of
hospital patients sold to a lessor who leases the equipment,
under a lease of one year or longer executed or in effect at
the time of the purchase, to a hospital that has been issued an
active tax exemption identification number by the Department
under Section 1g of this Act. This paragraph is exempt from the
provisions of Section 2-70.
(37) Beginning August 2, 2001, personal property sold to a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time of the purchase, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of
this Act. This paragraph is exempt from the provisions of
Section 2-70.
(38) Beginning on January 1, 2002 and through June 30,
2011, tangible personal property purchased from an Illinois
retailer by a taxpayer engaged in centralized purchasing
activities in Illinois who will, upon receipt of the property
in Illinois, temporarily store the property in Illinois (i) for
the purpose of subsequently transporting it outside this State
for use or consumption thereafter solely outside this State or

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

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

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

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

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

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

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this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 542 - LRB096 19592 AMC 34984 b
application is made minus the base amount; and (ii) for taxable
year 2006, the amount of the exemption is as follows:
(1) For an applicant who has a household income of
$45,000 or less, the amount of the exemption is the
equalized assessed value of the residence in the taxable
year for which application is made minus the base amount.
(2) For an applicant who has a household income
exceeding $45,000 but not exceeding $46,250, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.8.
(3) For an applicant who has a household income
exceeding $46,250 but not exceeding $47,500, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.6.
(4) For an applicant who has a household income
exceeding $47,500 but not exceeding $48,750, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.4.
(5) For an applicant who has a household income
exceeding $48,750 but not exceeding $50,000, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.2.

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

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

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

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

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

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

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

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

SB3733 Enrolled - 551 - LRB096 19592 AMC 34984 b
reduces the assessed value for one or more taxable years), then
that subsequent taxable year shall become the base year until a
new base year is established under the terms of this paragraph.
For taxable year 1999 only, the Chief County Assessment Officer
shall review (i) all taxable years for which the applicant
applied and qualified for the exemption and (ii) the existing
base year. The assessment officer shall select as the new base
year the year with the lowest equalized assessed value. An
equalized assessed value that is based on an assessed value
that results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years shall
not be considered the lowest equalized assessed value. The
selected year shall be the base year for taxable year 1999 and
thereafter until a new base year is established under the terms
of this paragraph.
"Chief County Assessment Officer" means the County
Assessor or Supervisor of Assessments of the county in which
the property is located.
"Equalized assessed value" means the assessed value as
equalized by the Illinois Department of Revenue.
"Household" means the applicant, the spouse of the
applicant, and all persons using the residence of the applicant
as their principal place of residence.
"Household income" means the combined income of the members
of a household for the calendar year preceding the taxable
year.

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

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

SB3733 Enrolled - 554 - LRB096 19592 AMC 34984 b
application is made minus the base amount. In all other
counties, the amount of the exemption is as follows: (i)
through taxable year 2005 and for taxable year 2007 and
thereafter, the amount of this exemption shall be the equalized
assessed value of the residence in the taxable year for which
application is made minus the base amount; and (ii) for taxable
year 2006, the amount of the exemption is as follows:
(1) For an applicant who has a household income of
$45,000 or less, the amount of the exemption is the
equalized assessed value of the residence in the taxable
year for which application is made minus the base amount.
(2) For an applicant who has a household income
exceeding $45,000 but not exceeding $46,250, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.8.
(3) For an applicant who has a household income
exceeding $46,250 but not exceeding $47,500, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.6.
(4) For an applicant who has a household income
exceeding $47,500 but not exceeding $48,750, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.4.

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

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

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

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

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

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

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

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

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

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

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

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

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

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"Aggregate extension" for all taxing districts to which
this Law applies in accordance with Section 18-213, except for
those taxing districts subject to paragraph (2) of subsection
(e) of Section 18-213, means the annual corporate extension for
the taxing district and those special purpose extensions that
are made annually for the taxing district, excluding special
purpose extensions: (a) made for the taxing district to pay
interest or principal on general obligation bonds that were
approved by referendum; (b) made for any taxing district to pay
interest or principal on general obligation bonds issued before
the date on which the referendum making this Law applicable to
the taxing district is held; (c) made for any taxing district
to pay interest or principal on bonds issued to refund or
continue to refund those bonds issued before the date on which
the referendum making this Law applicable to the taxing
district is held; (d) made for any taxing district to pay
interest or principal on bonds issued to refund or continue to
refund bonds issued after the date on which the referendum
making this Law applicable to the taxing district is held if
the bonds were approved by referendum after the date on which
the referendum making this Law applicable to the taxing
district is held; (e) made for any taxing district to pay
interest or principal on revenue bonds issued before the date
on which the referendum making this Law applicable to the
taxing district is held for payment of which a property tax
levy or the full faith and credit of the unit of local

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

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

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

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

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

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

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

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"Recovered tax increment value" means, except as otherwise
provided in this paragraph, the amount of the current year's
equalized assessed value, in the first year after a
municipality terminates the designation of an area as a
redevelopment project area previously established under the
Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial
Jobs Recovery Law in the Illinois Municipal Code, previously
established under the Economic Development Project Area Tax
Increment Act of 1995, or previously established under the
Economic Development Area Tax Increment Allocation Act, of each
taxable lot, block, tract, or parcel of real property in the
redevelopment project area over and above the initial equalized
assessed value of each property in the redevelopment project
area. For the taxes which are extended for the 1997 levy year,
the recovered tax increment value for a non-home rule taxing
district that first became subject to this Law for the 1995
levy year because a majority of its 1994 equalized assessed
value was in an affected county or counties shall be increased
if a municipality terminated the designation of an area in 1993
as a redevelopment project area previously established under
the Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial
Jobs Recovery Law in the Illinois Municipal Code, or previously
established under the Economic Development Area Tax Increment
Allocation Act, by an amount equal to the 1994 equalized

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assessed value of each taxable lot, block, tract, or parcel of
real property in the redevelopment project area over and above
the initial equalized assessed value of each property in the
redevelopment project area. In the first year after a
municipality removes a taxable lot, block, tract, or parcel of
real property from a redevelopment project area established
under the Tax Increment Allocation Development Act in the
Illinois Municipal Code, the Industrial Jobs Recovery Law in
the Illinois Municipal Code, or the Economic Development Area
Tax Increment Allocation Act, "recovered tax increment value"
means the amount of the current year's equalized assessed value
of each taxable lot, block, tract, or parcel of real property
removed from the redevelopment project area over and above the
initial equalized assessed value of that real property before
removal from the redevelopment project area.
Except as otherwise provided in this Section, "limiting
rate" means a fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to one
plus the extension limitation defined in this Section and the
denominator of which is the current year's equalized assessed
value of all real property in the territory under the
jurisdiction of the taxing district during the prior levy year.
For those taxing districts that reduced their aggregate
extension for the last preceding levy year, the highest
aggregate extension in any of the last 3 preceding levy years
shall be used for the purpose of computing the limiting rate.

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

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

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

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

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

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

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

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

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road district, whichever is less. If any road district has
levied a special tax for road purposes pursuant to Sections
6-601, 6-602 and 6-603 of the Illinois Highway Code, and such
tax was levied in an amount which would require extension at a
rate of not less than .08% of the value of the taxable property
thereof, as equalized or assessed by the Department of Revenue,
or, in DuPage County, an amount equal to or greater than
$12,000 per mile of road under the jurisdiction of the road
district, whichever is less, such levy shall, however, be
deemed a proper compliance with this Section and shall qualify
such road district for an allotment under this Section. If a
township has transferred to the road and bridge fund money
which, when added to the amount of any tax levy of the road
district would be the equivalent of a tax levy requiring
extension at a rate of at least .08%, or, in DuPage County, an
amount equal to or greater than $12,000 per mile of road under
the jurisdiction of the road district, whichever is less, such
transfer, together with any such tax levy, shall be deemed a
proper compliance with this Section and shall qualify the road
district for an allotment under this Section.
In counties in which a property tax extension limitation is
imposed under the Property Tax Extension Limitation Law, road
districts may retain their entitlement to a motor fuel tax
allotment if, at the time the property tax extension limitation
was imposed, the road district was levying a road and bridge
tax at a rate sufficient to entitle it to a motor fuel tax

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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(m) Any person who rendered contractual services to a
member of the General Assembly as a worker in the member's
district office may establish creditable service for up to 3
years of those contractual services by making the contributions
required under this Section. The System shall determine a
full-time salary equivalent for the purpose of calculating the
required contribution. To establish credit under this
subsection, the applicant must apply to the System by March 1,
1998.
(n) Any person who rendered contractual services to a
member of the General Assembly as a worker providing
constituent services to persons in the member's district may
establish creditable service for up to 8 years of those
contractual services by making the contributions required
under this Section. The System shall determine a full-time
salary equivalent for the purpose of calculating the required
contribution. To establish credit under this subsection, the
applicant must apply to the System by March 1, 1998.
(o) A member who participated in the Illinois Legislative
Staff Internship Program may establish creditable service for
up to one year of that participation by making the contribution
required under this Section. The System shall determine a
full-time salary equivalent for the purpose of calculating the
required contribution. Credit may not be established under this
subsection for any period for which service credit is
established under any other provision of this Code.

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

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that period under any other provision of this Code, (3) at the
time of the layoff, the applicant is not in an initial
probationary status consistent with the rules of the Department
of Central Management Services, and (4) the total amount of
creditable service established by the applicant under this
subsection (q) does not exceed 3 years. For service established
under this subsection (q), the required employee contribution
shall be based on the rate of compensation earned by the
employee on the date of returning to employment after the
layoff and the contribution rate then in effect, and the
required interest shall be calculated from the date of
returning to employment after the layoff to the date of
payment.
(r) A member who participated in the University of Illinois
Government Public Service Internship Program (GPSI) may
establish creditable service for up to 2 years of that
participation by making the contribution required under this
Section, plus an amount determined by the Board to be equal to
the employer's normal cost of the benefit plus interest. The
System shall determine a full-time salary equivalent for the
purpose of calculating the required contribution. Credit may
not be established under this subsection for any period for
which service credit is established under any other provision
of this Code.
(s) A member who worked as a nurse under a contractual
agreement for the Department of Public Aid, or its successor

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 7-139.7, and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) interest thereon
at the effective rate for each year, compounded annually, from
the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 5 years of service as a police
officer under Article 3, a policeman under Article 5, a
sheriff's law enforcement employee under Article 7, a member of
the county police department under Article 9, or a police
officer under Article 15 by filing a written election with the
Board and paying to the System an amount to be determined by
the Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate for
each year, compounded annually, from the date of service to the
date of payment.
Subject to the limitation in subsection (i), an

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 645 - LRB096 19592 AMC 34984 b
member of the Board of Trustees of Chicago State University,
one shall be a member of the Board of Trustees of Eastern
Illinois University, one shall be a member of the Board of
Trustees of Governors State University, one shall be a member
of the Board of Trustees of Illinois State University, one
shall be a member of the Board of Trustees of Northeastern
Illinois University, one shall be a member of the Board of
Trustees of Northern Illinois University, one shall be a member
of the Board of Trustees of Western Illinois University, and
one shall be a member of the Illinois Community College Board,
selected in each case by their respective boards, and 2 shall
be participants of the system appointed by the Governor for a 6
year term with the first appointment made pursuant to this
amendatory Act of 1984 to be effective September 1, 1985, and
one shall be a participant appointed by the Illinois Community
College Board for a 6 year term, and one shall be a participant
appointed by the Board of Trustees of the University of
Illinois for a 6 year term, and one shall be a participant or
annuitant of the system who is a senior citizen age 60 or older
appointed by the Governor for a 6 year term with the first
appointment to be effective September 1, 1985.
The terms of all trustees holding office under this
subsection (b) on June 30, 1995 shall terminate at the end of
that day and the Board shall thereafter be constituted as
provided in subsection (c).
(c) Beginning July 1, 1995, the Board of Trustees shall be

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 661 - LRB096 19592 AMC 34984 b
(1) The proposition for public safety purposes shall be
in substantially the following form:
"To pay for public safety purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail."
The county board may also opt to establish a sunset
provision at which time the additional sales tax would
cease being collected, if not terminated earlier by a vote
of the county board. If the county board votes to include a
sunset provision, the proposition for public safety
purposes shall be in substantially the following form:
"To pay for public safety purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate) for a period not to
exceed (insert number of years)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail. If imposed,
the additional tax would cease being collected at the end

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

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

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

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

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

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

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

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

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

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

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

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

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

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imposing the tax.
If a tax is imposed for public facilities purposes, then
the name of the project may be included in the proposition at
the discretion of the county board as determined in the
enabling resolution. For example, the "XXX Nursing Home" or the
"YYY Museum".
The county clerk shall certify the question to the proper
election authority, who shall submit the proposition at an
election in accordance with the general election law.
(1) The proposition for public safety purposes shall be
in substantially the following form:
"To pay for public safety purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail."
The county board may also opt to establish a sunset
provision at which time the additional sales tax would
cease being collected, if not terminated earlier by a vote
of the county board. If the county board votes to include a
sunset provision, the proposition for public safety
purposes shall be in substantially the following form:
"To pay for public safety purposes, shall (name of

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county) be authorized to impose an increase on its share of
local sales taxes by (insert rate) for a period not to
exceed (insert number of years)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail. If imposed,
the additional tax would cease being collected at the end
of (insert number of years), if not terminated earlier by a
vote of the county board."
For the purposes of the paragraph, "public safety
purposes" means crime prevention, detention, fire
fighting, police, medical, ambulance, or other emergency
services.
Votes shall be recorded as "Yes" or "No".
(2) The proposition for transportation purposes shall
be in substantially the following form:
"To pay for improvements to roads and other
transportation purposes, shall (name of county) be
authorized to impose an increase on its share of local
sales taxes by (insert rate)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of

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tangible personal property bought at retail."
The county board may also opt to establish a sunset
provision at which time the additional sales tax would
cease being collected, if not terminated earlier by a vote
of the county board. If the county board votes to include a
sunset provision, the proposition for transportation
purposes shall be in substantially the following form:
"To pay for road improvements and other transportation
purposes, shall (name of county) be authorized to impose an
increase on its share of local sales taxes by (insert rate)
for a period not to exceed (insert number of years)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail. If imposed,
the additional tax would cease being collected at the end
of (insert number of years), if not terminated earlier by a
vote of the county board."
For the purposes of this paragraph, transportation
purposes means construction, maintenance, operation, and
improvement of public highways, any other purpose for which
a county may expend funds under the Illinois Highway Code,
and passenger rail transportation.
The votes shall be recorded as "Yes" or "No".
(3) The proposition for public facilities purposes

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shall be in substantially the following form:
"To pay for public facilities purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail."
The county board may also opt to establish a sunset
provision at which time the additional sales tax would
cease being collected, if not terminated earlier by a vote
of the county board. If the county board votes to include a
sunset provision, the proposition for public facilities
purposes shall be in substantially the following form:
"To pay for public facilities purposes, shall (name of
county) be authorized to impose an increase on its share of
local sales taxes by (insert rate) for a period not to
exceed (insert number of years)?"
As additional information on the ballot below the
question shall appear the following:
"This would mean that a consumer would pay an
additional (insert amount) in sales tax for every $100 of
tangible personal property bought at retail. If imposed,
the additional tax would cease being collected at the end
of (insert number of years), if not terminated earlier by a

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 696 - LRB096 19592 AMC 34984 b
municipalities (other than the municipality seeking annexation
through the existing forest preserve district, federal
wildlife refuge, open land, or open space), (ii) forest
preserve district property, federal wildlife refuge, open
land, or open space, or (iii) a combination of other
municipalities and forest preserve district property, federal
wildlife refuge property, open land, or open space. It shall
also be conclusively presumed that the forest preserve
district, federal wildlife refuge, open land, or open space
does not create an artificial barrier if the municipality
seeking annexation is not the closest municipality within the
county to the property to be annexed. The territory included
within such forest preserve district, federal wildlife refuge,
open land, or open space shall not be annexed to the
municipality nor shall the territory of the forest preserve
district, federal wildlife refuge, open land, or open space be
subject to rights-of-way for access or services between the
parts of the municipality separated by the forest preserve
district, federal wildlife refuge, open land, or open space
without the consent of the governing body of the forest
preserve district or federal wildlife refuge. The changes made
to this Section by Public Act 91-824 this amendatory Act of
91st General Assembly are declaratory of existing law and shall
not be construed as a new enactment.
In counties that are contiguous to the Mississippi River
with populations of more than 200,000 but less than 255,000, a

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

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or, when no court proceedings are involved, with the recorder
for the county where the land is situated. No annexation of
that land is effective unless service is had and the affidavit
filed as provided in this Section.
The new boundary shall extend to the far side of any
adjacent highway and shall include all of every highway within
the area annexed. These highways shall be considered to be
annexed even though not included in the legal description set
forth in the petition for annexation. When any land proposed to
be annexed includes any highway under the jurisdiction of any
township, the Township Commissioner of Highways, the Board of
Town Trustees, the Township Supervisor, and the Township Clerk
shall be notified in writing by certified or registered mail
before any court hearing or other action is taken for
annexation. In the event that a municipality fails to notify
the Township Commissioner of Highways, the Board of Town
Trustees, the Township Supervisor, and the Township Clerk of
the annexation of an area within the township, the municipality
shall reimburse that township for any loss or liability caused
by the failure to give notice. If any municipality has annexed
any area before October 1, 1975, and the legal description in
the petition for annexation did not include the entire adjacent
highway, any such annexation shall be valid and any highway
adjacent to the area annexed shall be considered to be annexed
notwithstanding the failure of the petition to annex to include
the description of the entire adjacent highway.

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Any annexation, disconnection and annexation, or
disconnection under this Article of any territory must be
reported by certified or registered mail by the corporate
authority initiating the action to the election authorities
having jurisdiction in the territory and the post office
branches serving the territory within 30 days of the
annexation, disconnection and annexation, or disconnection.
Failure to give notice to the required election authorities
or post office branches will not invalidate the annexation or
disconnection. For purposes of this Section "election
authorities" means the county clerk where the clerk acts as the
clerk of elections or the clerk of the election commission
having jurisdiction.
No annexation, disconnection and annexation, or
disconnection under this Article of territory having electors
residing therein made (1) before any primary election to be
held within the municipality affected thereby and after the
time for filing petitions as a candidate for nomination to any
office to be chosen at the primary election or (2) within 60
days before any general election to be held within the
municipality shall be effective until the day after the date of
the primary or general election, as the case may be.
For the purpose of this Section, a toll highway or
connection between parcels via an overpass bridge over a toll
highway shall not be considered a deterrent to the definition
of contiguous territory.

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

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

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shall anything in this Section be construed as permitting a
municipality to annex territory owned by a park district
without obtaining the consent of the district pursuant to
Section 8-1.1 of the Park District Code.
(b) The corporate authorities shall cause notice, stating
that annexation of the territory described in the notice is
contemplated under this Section, to be published once, in a
newspaper of general circulation within the territory to be
annexed, not less than 10 days before the passage of the
annexation ordinance, and for land annexed pursuant to item (g)
of subsection (a) of this Section, notice shall be given to the
impacted land owners. The corporate authorities shall also, not
less than 15 days before the passage of the annexation
ordinance, serve written notice, either in person or, at a
minimum, by certified mail, on the taxpayer of record of the
proposed annexed territory as appears from the authentic tax
records of the county. When the territory to be annexed lies
wholly or partially within a township other than the township
where the municipality is situated, the annexing municipality
shall give at least 10 days prior written notice of the time
and place of the passage of the annexation ordinance to the
township supervisor of the township where the territory to be
annexed lies.
(c) When notice is given as described in subsection (b) of
this Section, no other municipality may annex the proposed
territory for a period of 60 days from the date the notice is

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

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 713 - LRB096 19592 AMC 34984 b
the purposes set forth in this Section if the surety or
insurance company is authorized by the Illinois Department of
Insurance to sell and issue sureties in the State of Illinois.
(b) If a municipality receives a cash bond, irrevocable
letter of credit, or surety bond from a builder or developer to
guarantee completion of a project improvement, the
municipality shall (i) register the bond under the address of
the project and the construction permit number and (ii) give
the builder or developer a receipt for the bond. The
municipality shall establish and maintain a separate account
for all cash bonds received from builders and developers to
guarantee completion of a project improvement.
(c) The municipality shall refund a cash bond to a builder
or developer, or release the irrevocable letter of credit or
surety bond within 60 days after the builder or developer
notifies the municipality in writing of the completion of the
project improvement for which the bond was required. For these
purposes, "completion" means that the municipality has
determined that the project improvement for which the bond was
required is complete or a licensed engineer or licensed
architect has certified to the builder or developer and the
municipality that the project improvement has been completed to
the applicable codes and ordinances. The municipality shall pay
interest to the builder or developer, beginning 60 days after
builder or developer notifies the municipality in writing of
the completion of the project improvement, on any bond not

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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ordinance or resolution required by subsection (a) of
Section 11-74.4-5 is passed, and (iv) data as to the racial
and ethnic composition of the residents in the inhabited
residential units. The data requirement as to the racial
and ethnic composition of the residents in the inhabited
residential units shall be deemed to be fully satisfied by
data from the most recent federal census.
Part II of the housing impact study shall identify the
inhabited residential units in the proposed redevelopment
project area that are to be or may be removed. If inhabited
residential units are to be removed, then the housing
impact study shall identify (i) the number and location of
those units that will or may be removed, (ii) the
municipality's plans for relocation assistance for those
residents in the proposed redevelopment project area whose
residences are to be removed, (iii) the availability of
replacement housing for those residents whose residences
are to be removed, and shall identify the type, location,
and cost of the housing, and (iv) the type and extent of
relocation assistance to be provided.
(6) On and after November 1, 1999, the housing impact
study required by paragraph (5) shall be incorporated in
the redevelopment plan for the redevelopment project area.
(7) On and after November 1, 1999, no redevelopment
plan shall be adopted, nor an existing plan amended, nor
shall residential housing that is occupied by households of

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 759 - LRB096 19592 AMC 34984 b
low-income households and very low-income households,
as defined in Section 3 of the Illinois Affordable
Housing Act. The percentage of 75% shall be substituted
for 30% in subparagraphs (B) and (D) of paragraph (11).
(F) Instead of the eligible costs provided by
subparagraphs (B) and (D) of paragraph (11), as
modified by this subparagraph, and notwithstanding any
other provisions of this Act to the contrary, the
municipality may pay from tax increment revenues up to
50% of the cost of construction of new housing units to
be occupied by low-income households and very
low-income households as defined in Section 3 of the
Illinois Affordable Housing Act. The cost of
construction of those units may be derived from the
proceeds of bonds issued by the municipality under this
Act or other constitutional or statutory authority or
from other sources of municipal revenue that may be
reimbursed from tax increment revenues or the proceeds
of bonds issued to finance the construction of that
housing.
The eligible costs provided under this
subparagraph (F) of paragraph (11) shall be an eligible
cost for the construction, renovation, and
rehabilitation of all low and very low-income housing
units, as defined in Section 3 of the Illinois
Affordable Housing Act, within the redevelopment

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

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

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

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

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

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

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

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

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

SB3733 Enrolled - 769 - LRB096 19592 AMC 34984 b
(including refunding bonds under Section 11-74.4-7) may not be
later than December 31 of the year in which the payment to the
municipal treasurer, as provided in subsection (b) of Section
11-74.4-8 of this Act, is to be made with respect to ad valorem
taxes levied in the 23rd calendar year after the year in which
the ordinance approving the redevelopment project area was
adopted if the ordinance was adopted on or after January 15,
1981.
(b) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 32nd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted, if the ordinance
was adopted on September 9, 1999 by the Village of Downs.
The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 33rd
calendar year after the year in which the ordinance approving

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

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

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

SB3733 Enrolled - 773 - LRB096 19592 AMC 34984 b
(29) if the ordinance was adopted on November 11, 1986
by the City of Pekin;
(30) if the ordinance was adopted on December 15, 1981
by the City of Champaign;
(31) if the ordinance was adopted on December 15, 1986
by the City of Urbana;
(32) if the ordinance was adopted on December 15, 1986
by the Village of Heyworth;
(33) if the ordinance was adopted on February 24, 1992
by the Village of Heyworth;
(34) if the ordinance was adopted on March 16, 1995 by
the Village of Heyworth;
(35) if the ordinance was adopted on December 23, 1986
by the Town of Cicero;
(36) if the ordinance was adopted on December 30, 1986
by the City of Effingham;
(37) if the ordinance was adopted on May 9, 1991 by the
Village of Tilton;
(38) if the ordinance was adopted on October 20, 1986
by the City of Elmhurst;
(39) if the ordinance was adopted on January 19, 1988
by the City of Waukegan;
(40) if the ordinance was adopted on September 21, 1998
by the City of Waukegan;
(41) if the ordinance was adopted on December 31, 1986
by the City of Sullivan;

SB3733 Enrolled - 774 - LRB096 19592 AMC 34984 b
(42) if the ordinance was adopted on December 23, 1991
by the City of Sullivan;
(43) if the ordinance was adopted on December 31, 1986
by the City of Oglesby;
(44) if the ordinance was adopted on July 28, 1987 by
the City of Marion;
(45) if the ordinance was adopted on April 23, 1990 by
the City of Marion;
(46) if the ordinance was adopted on August 20, 1985 by
the Village of Mount Prospect;
(47) if the ordinance was adopted on February 2, 1998
by the Village of Woodhull;
(48) if the ordinance was adopted on April 20, 1993 by
the Village of Princeville;
(49) if the ordinance was adopted on July 1, 1986 by
the City of Granite City;
(50) if the ordinance was adopted on February 2, 1989
by the Village of Lombard;
(51) if the ordinance was adopted on December 29, 1986
by the Village of Gardner;
(52) if the ordinance was adopted on July 14, 1999 by
the Village of Paw Paw;
(53) if the ordinance was adopted on November 17, 1986
by the Village of Franklin Park;
(54) if the ordinance was adopted on November 20, 1989
by the Village of South Holland;

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

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

SB3733 Enrolled - 777 - LRB096 19592 AMC 34984 b
(80) if the ordinance was adopted on December 29, 1986
by the City of Pontiac to create TIF I (the Main St TIF);
(81) if the ordinance was adopted on December 29, 1986
by the City of Pontiac to create TIF II (the Interstate
TIF);
(82) if the ordinance was adopted on November 6, 2002
by the City of Chicago to create the Madden/Wells TIF
District;
(83) if the ordinance was adopted on November 4, 1998
by the City of Chicago to create the Roosevelt/Racine TIF
District;
(84) if the ordinance was adopted on June 10, 1998 by
the City of Chicago to create the Stony Island
Commercial/Burnside Industrial Corridors TIF District;
(85) if the ordinance was adopted on November 29, 1989
by the City of Chicago to create the Englewood Mall TIF
District; or
(86) if the ordinance was adopted on December 27, 1986
by the City of Mendota;
(87) if the ordinance was adopted on December 31, 1986
by the Village of Cahokia; or
(88) if the ordinance was adopted on September 20, 1999
by the City of Belleville; or .
(89) (86) if the ordinance was adopted on December 30,
1986 by the Village of Bellevue to create the Bellevue TIF
District 1.

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

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

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

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

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

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

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

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

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

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

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additional compensation shall be equal to 50% of such other
compensation. In order to continue to receive the additional
compensation, the trustee must attend annual training approved
by the Office of the State Fire Marshal Marshall on a
continuing basis thereafter.
(d) The trustees also have the express power to execute a
note or notes and to execute a mortgage or trust deed to secure
the payment of such note or notes; such trust deed or mortgage
shall cover real estate, or some part thereof, or personal
property owned by the district and the lien of the mortgage
shall apply to the real estate or personal property so
mortgaged by the district, and the proceeds of the note or
notes may be used in the acquisition of personal property or of
real estate or in the erection of improvements on such real
estate.
The trustees have express power to purchase either real
estate or personal property to be used for the purposes of the
fire protection district through contracts which provide for
the consideration for such purchase to be paid through
installments to be made at stated intervals during a certain
period of time, but, in no case, shall such contracts provide
for the consideration to be paid during a period of time in
excess of 25 years.
(e) The trustees have express power to provide for the
benefit of its employees, volunteer firemen and paid firemen,
group life, health, accident, hospital and medical insurance,

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

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

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other construction services for the project. The design-build
contract may be conditioned upon subsequent refinements in
scope and price and may allow the Chicago Park District to make
modifications in the project scope without invalidating the
design-build contract.
"Design-build entity" means any individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that proposes to
design and construct any public project under this Act. A
design-build entity and associated design-build professionals
shall conduct themselves in accordance with the laws of this
State and the related provisions of the Illinois Administrative
Code, as referenced by the licensed design professionals Acts
of this State.
"Design professional" means any individual, sole
proprietorship, firm, partnership, joint venture, corporation,
professional corporation, or other entity that offers services
under the Illinois Architecture Practice Act of 1989 (225 ILCS
305/), the Professional Engineering Practice Act of 1989 (225
ILCS 325/), the Structural Engineering Practice Licensing Act
of 1989 (225 ILCS 340/), or the Illinois Professional Land
Surveyor Act of 1989 (225 ILCS 330/).
"Landscape architect design professional" means any
person, sole proprietorship, or entity such as a partnership,
professional service corporation, or corporation that offers
services under the Illinois Landscape Architecture Act of 1989.

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

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

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

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

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

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bilingual education program or transitional program of
instruction shall participate in the State tests. The time
allotted to take the State tests, however, may be extended as
determined by the State Board of Education by rule. Any student
who has been enrolled in a State approved bilingual education
program less than 3 cumulative academic years may take an
accommodated Limited English Proficient student academic
content assessment, as determined by the State Board of
Education, if the student's lack of English as determined by an
English language proficiency test would keep the student from
understanding the regular State test. If the school district
determines, on a case-by-case individual basis, that a Limited
English Proficient student academic content assessment would
likely yield more accurate and reliable information on what the
student knows and can do, the school district may make a
determination to assess the student using a Limited English
Proficient student academic content assessment for a period
that does not exceed 2 additional consecutive years, provided
that the student has not yet reached a level of English
language proficiency sufficient to yield valid and reliable
information on what the student knows and can do on the regular
State test.
Reasonable accommodations as prescribed by the State Board
of Education shall be provided for individual students in the
testing procedure. All test procedures prescribed by the State
Board of Education shall require: (i) that each test used for

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

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

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

SB3733 Enrolled - 801 - LRB096 19592 AMC 34984 b
provided under the School Safety and Educational Improvement
Block Grant Program established under Section 2-3.51.5.
(c) Beginning with the 2000-2001 school year, each school
district that operates a high school program for students in
grades 9 through 12 shall annually administer the Prairie State
Achievement Examination established under this subsection to
its students as set forth below. The Prairie State Achievement
Examination shall be developed by the State Board of Education
to measure student performance in the academic areas of
reading, writing, mathematics, science, and social sciences.
Beginning with the 2004-2005 school year, however, the State
Board of Education shall not test a student in the social
sciences (history, geography, civics, economics, and
government) as part of the Prairie State Achievement
Examination unless the student is retaking the Prairie State
Achievement Examination in the fall of 2004. In addition, the
State Board of Education shall not test a student in writing as
part of the Prairie State Achievement Examination during the
2005-2006 school year. The State Board of Education shall
establish the academic standards that are to apply in measuring
student performance on the Prairie State Achievement
Examination including the minimum examination score in each
area that will qualify a student to receive a Prairie State
Achievement Award from the State in recognition of the
student's excellent performance. Each school district that is
subject to the requirements of this subsection (c) shall afford

SB3733 Enrolled - 802 - LRB096 19592 AMC 34984 b
all students one opportunity to take the Prairie State
Achievement Examination beginning as late as practical during
the spring semester of grade 11, but in no event before March
1. The State Board of Education shall annually notify districts
of the weeks during which this test administration shall be
required to occur. Every individualized educational program as
described in Article 14 shall identify if the Prairie State
Achievement Examination or components thereof are appropriate
for that student. Each student, exclusive of a student whose
individualized educational program developed under Article 14
identifies the Prairie State Achievement Examination as
inappropriate for the student, shall be required to take the
examination in grade 11. For each academic area the State Board
of Education shall establish the score that qualifies for the
Prairie State Achievement Award on that portion of the
examination. Districts shall inform their students of the
timelines and procedures applicable to their participation in
every yearly administration of the Prairie State Achievement
Examination. Students receiving special education services
whose individualized educational programs identify the Prairie
State Achievement Examination as inappropriate for them
nevertheless shall have the option of taking the examination,
which shall be administered to those students in accordance
with standards adopted by the State Board of Education to
accommodate the respective disabilities of those students. A
student who successfully completes all other applicable high

SB3733 Enrolled - 803 - LRB096 19592 AMC 34984 b
school graduation requirements but fails to receive a score on
the Prairie State Achievement Examination that qualifies the
student for receipt of a Prairie State Achievement Award shall
nevertheless qualify for the receipt of a regular high school
diploma. In no case, however, shall a student receive a regular
high school diploma without taking the Prairie State
Achievement Examination, unless the student is exempted from
taking the Prairie State Achievement Examination under this
subsection (c) because (i) the student's individualized
educational program developed under Article 14 of this Code
identifies the Prairie State Achievement Examination as
inappropriate for the student, (ii) the student is exempt due
to the student's lack of English language proficiency under
subsection (a) of this Section, (iii) the student is enrolled
in a program of Adult and Continuing Education as defined in
the Adult Education Act, (iv) the school district is not
required to test the individual student for purposes of
accountability under federal No Child Left Behind Act of 2001
requirements, or (v) the student is otherwise identified by the
State Board of Education through rules as being exempt from the
assessment.
(d) Beginning with the 2002-2003 school year, all schools
in this State that are part of the sample drawn by the National
Center for Education Statistics, in collaboration with their
school districts and the State Board of Education, shall
administer the biennial State academic assessments of 4th and

SB3733 Enrolled - 804 - LRB096 19592 AMC 34984 b
8th grade reading and mathematics under the National Assessment
of Educational Progress carried out under Section 411(b)(2)
m11(b)(2) of the National Education Statistics Act of 1994 (20
U.S.C. 9010) if the Secretary of Education pays the costs of
administering the assessments.
(e) Beginning no later than the 2005-2006 school year,
subject to available federal funds to this State for the
purpose of student assessment, the State Board of Education
shall provide additional tests and assessment resources that
may be used by school districts for local diagnostic purposes.
These tests and resources shall include without limitation
additional high school writing, physical development and
health, and fine arts assessments. The State Board of Education
shall annually distribute a listing of these additional tests
and resources, using funds available from appropriations made
for student assessment purposes.
(f) For the assessment and accountability purposes of this
Section, "all pupils" includes those pupils enrolled in a
public or State-operated elementary school, secondary school,
or cooperative or joint agreement with a governing body or
board of control, a charter school operating in compliance with
the Charter Schools Law, a school operated by a regional office
of education under Section 13A-3 of this Code, or a public
school administered by a local public agency or the Department
of Human Services.
(Source: P.A. 96-430, eff. 8-13-09; revised 11-3-09.)

SB3733 Enrolled - 805 - LRB096 19592 AMC 34984 b
(105 ILCS 5/2-3.117a)
Sec. 2-3.117a. School Technology Revolving Loan Program.
(a) The State Board of Education is authorized to
administer a School Technology Revolving Loan Program from
funds appropriated from the School Technology Revolving Loan
Fund for the purpose of making the financing of school
technology hardware improvements affordable and making the
integration of technology in the classroom possible. School
technology loans shall be made available to public school
districts, charter schools, area vocational centers,
laboratory schools, and State-recognized, non-public schools
to purchase technology hardware for eligible grade levels on a
2-year rotating basis: grades 9 through 12 in fiscal year 2004
and each second year thereafter and grades K through 8 in
fiscal year 2005 and each second year thereafter. However,
priority shall be given to public school districts, charter
schools, area vocational centers, and laboratory schools that
apply prior to October 1 of each year.
The State Board of Education shall determine the interest
rate the loans shall bear which shall not be greater than 50%
of the rate for the most recent date shown in the 20 G.O. Bonds
Index of average municipal bond yields as published in the most
recent edition of The Bond Buyer, published in New York, New
York. The repayment period for School Technology Revolving
Loans shall not exceed 3 years. Participants shall use at least

SB3733 Enrolled - 806 - LRB096 19592 AMC 34984 b
90% of the loan proceeds for technology hardware investments
for students and staff (including computer hardware,
technology networks, related wiring, and other items as defined
in rules adopted by the State Board of Education) and up to 10%
of the loan proceeds for computer furniture. No participant
whose equalized assessed valuation per pupil in average daily
attendance is at the 99th percentile and above for all
districts of the same type shall be eligible to receive a
School Technology Revolving Loan under the provisions of this
Section for that year.
The State Board of Education shall have the authority to
adopt all rules necessary for the implementation and
administration of the School Technology Revolving Loan
Program, including, but not limited to, rules defining
application procedures, prescribing a maximum amount per pupil
that may be requested annually, requiring appropriate local
commitments for technology investments, prescribing a
mechanism for disbursing loan funds in the event requests
exceed available funds, specifying collateral, prescribing
actions necessary to protect the State's interest in the event
of default, foreclosure, or noncompliance with the terms and
conditions of the loans, and prescribing a mechanism for
reclaiming any items or equipment purchased with the loan funds
in the case of the closure of a non-public school.
(b) There is created in the State treasury the School
Technology Revolving Loan Fund. The State Board shall have the

SB3733 Enrolled - 807 - LRB096 19592 AMC 34984 b
authority to make expenditures from the Fund pursuant to
appropriations made for the purposes of this Section, including
refunds. There shall be deposited into the Fund such amounts,
including but not limited to:
(1) Transfers from the School Infrastructure Fund;
(2) All receipts, including principal and interest
payments, from any loan made from the Fund;
(3) All proceeds of assets of whatever nature received
by the State Board as a result of default or delinquency
with respect to loans made from the Fund;
(4) Any appropriations, grants, or gifts made to the
Fund; and
(5) Any income received from interest on investments of
money in the Fund.
(Source: P.A. 96-734, eff. 8-25-09; 96-783, eff. 8-28-09;
revised 10-6-09.)
(105 ILCS 5/2-3.148)
Sec. 2-3.148. Disability history and awareness campaign.
The State Board of Education shall promote an annual campaign
about disability history and awareness in this State. The
campaign shall be designed to increase public awareness and
respect for people with disabilities who comprise a substantial
percentage of this State's population, teach future
generations that people with disabilities have a rich history
and have made valuable contributions throughout this State and

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the United States, and teach future generations that disability
is a natural part of life and that people with disabilities
have a right to be treated with civil, legal, and human rights
and as full human beings above all else.
(Source: P.A. 96-191, eff. 1-1-10.)
(105 ILCS 5/2-3.149)
Sec. 2-3.149 2-3.148. Food allergy guidelines.
(a) Not later than July 1, 2010, the State Board of
Education, in conjunction with the Department of Public Health,
shall develop and make available to each school board
guidelines for the management of students with
life-threatening food allergies. The State Board of Education
and the Department of Public Health shall establish an ad hoc
committee to develop the guidelines. The committee shall
include experts in the field of food allergens, representatives
on behalf of students with food allergies, representatives from
the several public school management organizations, which
shall include school administrators, principals, and school
board members, and representatives from 2 statewide
professional teachers' organizations. The guidelines shall
include, but need not be limited to, the following:
(1) education and training for school personnel who
interact with students with life-threatening food
allergies, such as school and school district
administrators, teachers, school advisors and counselors,

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school health personnel, and school nurses, on the
management of students with life-threatening food
allergies, including training related to the
administration of medication with an auto-injector;
(2) procedures for responding to life-threatening
allergic reactions to food;
(3) a process for the implementation of individualized
health care and food allergy action plans for every student
with a life-threatening food allergy; and
(4) protocols to prevent exposure to food allergens.
(b) Not later than January 1, 2011, each school board shall
implement a policy based on the guidelines developed pursuant
to subsection (a) of this Section for the management of
students with life-threatening food allergies enrolled in the
schools under its jurisdiction. Nothing in this subsection (b)
is intended to invalidate school district policies that were
implemented before the development of guidelines pursuant to
subsection (a) of this Section as long as such policies are
consistent with the guidelines developed pursuant to
subsection (a) of this Section.
(Source: P.A. 96-349, eff. 8-13-09; revised 10-22-09.)
(105 ILCS 5/2-3.150)
(Section scheduled to be repealed on January 16, 2013)
Sec. 2-3.150 2-3.148. Textbook digital technology; pilot
program.

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(a) The General Assembly makes the following findings:
(1) The use of digital technologies in the kindergarten
through grade 12 school environment is rapidly increasing
in this State.
(2) There is a need for the State Board of Education to
explore the expanded use of digital technologies in
classrooms and the impact of technological innovation on
both educational achievement and textbook weight.
(b) The State Board of Education shall implement a pilot
program, subject to appropriation, to test digital
technologies in 3 geographically diverse school districts on or
before July 1, 2011. The pilot program shall examine the
following issues:
(1) the development of alternative textbook formats,
including various digital formats; and
(2) any possible adaptation of existing standard print
textbooks that would be beneficial to the health and
educational achievement of pupils in this State.
(c) The State Board of Education shall report the results
of its findings on the pilot program and make recommendations
to the Governor and the General Assembly on or before January
15, 2013 with regard to the success of digital technologies
used in the pilot program. The State Board of Education may
submit other reports as it deems appropriate.
(d) The pilot program is abolished on January 16, 2013.
This Section is repealed on January 16, 2013.

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(Source: P.A. 96-647, eff. 8-24-09; revised 10-22-09.)
(105 ILCS 5/2-3.151)
Sec. 2-3.151 2-3.148. Green career and technical education
programs.
(a) As used in this Section, "green industries" means
industries that contribute directly to preserving or enhancing
environmental quality by reducing waste and pollution or
producing sustainable products using sustainable processes and
materials and that provide opportunities for advancement along
a career track of increasing skills and wages. Green industries
include any of the following:
(1) Energy system retrofits to increase energy
efficiency and conservation.
(2) The production and distribution of biofuels and
vehicle retrofits for biofuels.
(3) Building design and construction that meet the
equivalent of the best available technology in energy and
environmental design standards.
(4) Organic and community food production.
(5) The manufacture of products from non-toxic,
environmentally certified or recycled materials.
(6) The manufacture and production of sustainable
technologies, including, but not limited to, solar panels,
wind turbines, and fuel cells.
(7) Solar technology installation and maintenance.

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(8) Recycling, green composting, and large-scale reuse
of construction and demolition materials and debris.
(9) Water system retrofits to increase water
efficiency and conservation.
(10) Horticulture.
(b) It is the purpose and intent of this Section to
establish a State grant program that develops secondary
programs that introduce students to developing green
industries.
(c) Subject to appropriation, the State Board of Education
shall establish a State grant program that develops, through a
competitive process, 2-year pilot programs to assist in the
creation and promotion of green career and technical education
programs in public secondary schools in this State. Preference
must be given to proposals that include the integration of
academic and career and technical education content, arranged
in sequences of courses that lead to post-secondary completion.
(d) The State Board of Education may adopt any rules
necessary for the implementation of this Section.
(e) The State Board of Education may use up to 5% of the
funds appropriated for the purposes of this Section for
administrative costs, including the hiring of positions for the
implementation and administration of the grant program,
provided that if no appropriation is made to the State Board
for a given fiscal year for the purposes of the grant program,
then the State Board is not required to make any expenditures

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in support of the program during that fiscal year.
(Source: P.A. 96-659, eff. 8-25-09; revised 10-22-09.)
(105 ILCS 5/2-3.152)
Sec. 2-3.152 2-3.148. Community schools.
(a) This Section applies beginning with the 2009-2010
school year.
(b) The General Assembly finds all of the following:
(1) All children are capable of success.
(2) Schools are the centers of vibrant communities.
(3) Strong families build strong educational
communities.
(4) Children succeed when adults work together to
foster positive educational outcomes.
(5) Schools work best when families take active roles
in the education of children.
(6) Schools today are limited in their ability to
dedicate time and resources to provide a wide range of
educational opportunities to students because of the focus
on standardized test outcomes.
(7) By providing learning opportunities outside of
normal school hours, including programs on life skills and
health, students are more successful academically, more
engaged in their communities, safer, and better prepared to
make a successful transition from school to adulthood.
(8) A community school is a traditional school that

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actively partners with its community to leverage existing
resources and identify new resources to support the
transformation of the school to provide enrichment and
additional life skill opportunities for students, parents,
and community members at-large. Each community school is
unique because its programming is designed by and for the
school staff, in partnership with parents, community
stakeholders, and students.
(9) Community schools currently exist in this State in
urban, rural, and suburban communities.
(10) Research shows that community schools have a
powerful positive impact on students, as demonstrated by
increased academic success, a positive change in attitudes
toward school and learning, and decreased behavioral
problems.
(11) After-school and evening programs offered by
community schools provide academic enrichment consistent
with the Illinois Learning Standards and general school
curriculum; an opportunity for physical fitness activities
for students, fine arts programs, structured learning
"play" time, and other recreational opportunities; a safe
haven for students; and work supports for working families.
(12) Community schools are cost-effective because they
leverage existing resources provided by local, State,
federal, and private sources and bring programs to the
schools, where the students are already congregated.

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Community schools have been shown to leverage between $5 to
$8 in existing programming for every $1 spent on a
community school.
(c) Subject to an appropriation or the availability of
funding for such purposes, the State Board of Education shall
make grants available to fund community schools and to enhance
programs at community schools. A request-for-proposal process
must be used in awarding grants under this subsection (c).
Proposals may be submitted on behalf of a school, a school
district, or a consortium of 2 or more schools or school
districts. Proposals must be evaluated and scored on the basis
of criteria consistent with this Section and other factors
developed and adopted by the State Board of Education.
Technical assistance in grant writing must be made available to
schools, school districts, or consortia of school districts
through the State Board of Education directly or through a
resource and referral directory established and maintained by
the State Board of Education.
(d) In order to qualify for a community school grant under
this Section, a school must, at a minimum, have the following
components:
(1) Before and after-school programming each school
day to meet the identified needs of students.
(2) Weekend programming.
(3) At least 4 weeks of summer programming.
(4) A local advisory group comprised of school

SB3733 Enrolled - 816 - LRB096 19592 AMC 34984 b
leadership, parents, and community stakeholders that
establishes school-specific programming goals, assesses
program needs, and oversees the process of implementing
expanded programming.
(5) A program director or resource coordinator who is
responsible for establishing a local advisory group,
assessing the needs of students and community members,
identifying programs to meet those needs, developing the
before and after-school, weekend, and summer programming
and overseeing the implementation of programming to ensure
high quality, efficiency, and robust participation.
(6) Programming that includes academic excellence
aligned with the Illinois Learning Standards, life skills,
healthy minds and bodies, parental support, and community
engagement and that promotes staying in school and
non-violent behavior and non-violent conflict resolution.
(7) Maintenance of attendance records in all
programming components.
(8) Maintenance of measurable data showing annual
participation and the impact of programming on the
participating children and adults.
(9) Documentation of true collaboration between the
school and community stakeholders, including local
governmental units, civic organizations, families,
businesses, and social service providers.
(10) A non-discrimination policy ensuring that the

SB3733 Enrolled - 817 - LRB096 19592 AMC 34984 b
community school does not condition participation upon
race, ethnic origin, religion, sex, or disability.
(Source: P.A. 96-746, eff. 8-25-09; revised 10-22-09.)
(105 ILCS 5/10-20.21)
Sec. 10-20.21. Contracts.
(a) To award all contracts for purchase of supplies,
materials or work or contracts with private carriers for
transportation of pupils involving an expenditure in excess of
$25,000 or a lower amount as required by board policy to the
lowest responsible bidder, considering conformity with
specifications, terms of delivery, quality and serviceability,
after due advertisement, except the following: (i) contracts
for the services of individuals possessing a high degree of
professional skill where the ability or fitness of the
individual plays an important part; (ii) contracts for the
printing of finance committee reports and departmental
reports; (iii) contracts for the printing or engraving of
bonds, tax warrants and other evidences of indebtedness; (iv)
contracts for the purchase of perishable foods and perishable
beverages; (v) contracts for materials and work which have been
awarded to the lowest responsible bidder after due
advertisement, but due to unforeseen revisions, not the fault
of the contractor for materials and work, must be revised
causing expenditures not in excess of 10% of the contract
price; (vi) contracts for the maintenance or servicing of, or

SB3733 Enrolled - 818 - LRB096 19592 AMC 34984 b
provision of repair parts for, equipment which are made with
the manufacturer or authorized service agent of that equipment
where the provision of parts, maintenance, or servicing can
best be performed by the manufacturer or authorized service
agent; (vii) purchases and contracts for the use, purchase,
delivery, movement, or installation of data processing
equipment, software, or services and telecommunications and
interconnect equipment, software, and services; (viii)
contracts for duplicating machines and supplies; (ix)
contracts for the purchase of natural gas when the cost is less
than that offered by a public utility; (x) purchases of
equipment previously owned by some entity other than the
district itself; (xi) contracts for repair, maintenance,
remodeling, renovation, or construction, or a single project
involving an expenditure not to exceed $50,000 and not
involving a change or increase in the size, type, or extent of
an existing facility; (xii) contracts for goods or services
procured from another governmental agency; (xiii) contracts
for goods or services which are economically procurable from
only one source, such as for the purchase of magazines, books,
periodicals, pamphlets and reports, and for utility services
such as water, light, heat, telephone or telegraph; (xiv) where
funds are expended in an emergency and such emergency
expenditure is approved by 3/4 of the members of the board;
(xv) State master contracts authorized under Article 28A of
this Code; and (xvi) contracts providing for the transportation

SB3733 Enrolled - 819 - LRB096 19592 AMC 34984 b
of pupils with special needs or disabilities, which contracts
must be advertised in the same manner as competitive bids and
awarded by first considering the bidder or bidders most able to
provide safety and comfort for the pupils with special needs or
disabilities, stability of service, and any other factors set
forth in the request for proposal regarding quality of service,
and then price.
All competitive bids for contracts involving an
expenditure in excess of $25,000 or a lower amount as required
by board policy must be sealed by the bidder and must be opened
by a member or employee of the school board at a public bid
opening at which the contents of the bids must be announced.
Each bidder must receive at least 3 days' notice of the time
and place of the bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one
public notice at least 10 days before the bid date in a
newspaper published in the district, or if no newspaper is
published in the district, in a newspaper of general
circulation in the area of the district. State master contracts
and certified education purchasing contracts, as defined in
Article 28A of this Code, are not subject to the requirements
of this paragraph.
Under this Section, the acceptance of bids sealed by a
bidder and the opening of these bids at a public bid opening
may be permitted by an electronic process for communicating,
accepting, and opening competitive bids. However, bids for

SB3733 Enrolled - 820 - LRB096 19592 AMC 34984 b
construction purposes are prohibited from being communicated,
accepted, or opened electronically. An electronic bidding
process must provide for, but is not limited to, the following
safeguards:
(1) On the date and time certain of a bid opening, the
primary person conducting the competitive, sealed,
electronic bid process shall log onto a specified database
using a unique username and password previously assigned to
the bidder to allow access to the bidder's specific bid
project number.
(2) The specified electronic database must be on a
network that (i) is in a secure environment behind a
firewall; (ii) has specific encryption tools; (iii)
maintains specific intrusion detection systems; (iv) has
redundant systems architecture with data storage back-up,
whether by compact disc or tape; and (v) maintains a
disaster recovery plan.
It is the legislative intent of Public Act 96-841 this
amendatory Act of the 96th General Assembly to maintain the
integrity of the sealed bidding process provided for in this
Section, to further limit any possibility of bid-rigging, to
reduce administrative costs to school districts, and to effect
efficiencies in communications with bidders.
(b) To require, as a condition of any contract for goods
and services, that persons bidding for and awarded a contract
and all affiliates of the person collect and remit Illinois Use

SB3733 Enrolled - 821 - LRB096 19592 AMC 34984 b
Tax on all sales of tangible personal property into the State
of Illinois in accordance with the provisions of the Illinois
Use Tax Act regardless of whether the person or affiliate is a
"retailer maintaining a place of business within this State" as
defined in Section 2 of the Use Tax Act. For purposes of this
Section, the term "affiliate" means any entity that (1)
directly, indirectly, or constructively controls another
entity, (2) is directly, indirectly, or constructively
controlled by another entity, or (3) is subject to the control
of a common entity. For purposes of this subsection (b), an
entity controls another entity if it owns, directly or
individually, more than 10% of the voting securities of that
entity. As used in this subsection (b), the term "voting
security" means a security that (1) confers upon the holder the
right to vote for the election of members of the board of
directors or similar governing body of the business or (2) is
convertible into, or entitles the holder to receive upon its
exercise, a security that confers such a right to vote. A
general partnership interest is a voting security.
To require that bids and contracts include a certification
by the bidder or contractor that the bidder or contractor is
not barred from bidding for or entering into a contract under
this Section and that the bidder or contractor acknowledges
that the school board may declare the contract void if the
certification completed pursuant to this subsection (b) is
false.

SB3733 Enrolled - 822 - LRB096 19592 AMC 34984 b
(b-5) To require all contracts and agreements that pertain
to goods and services and that are intended to generate
additional revenue and other remunerations for the school
district in excess of $1,000, including without limitation
vending machine contracts, sports and other attire, class
rings, and photographic services, to be approved by the school
board. The school board shall file as an attachment to its
annual budget a report, in a form as determined by the State
Board of Education, indicating for the prior year the name of
the vendor, the product or service provided, and the actual net
revenue and non-monetary remuneration from each of the
contracts or agreements. In addition, the report shall indicate
for what purpose the revenue was used and how and to whom the
non-monetary remuneration was distributed.
(c) If the State education purchasing entity creates a
master contract as defined in Article 28A of this Code, then
the State education purchasing entity shall notify school
districts of the existence of the master contract.
(d) In purchasing supplies, materials, equipment, or
services that are not subject to subsection (c) of this
Section, before a school district solicits bids or awards a
contract, the district may review and consider as a bid under
subsection (a) of this Section certified education purchasing
contracts that are already available through the State
education purchasing entity.
(Source: P.A. 95-990, eff. 10-3-08; 96-392, eff. 1-1-10;

SB3733 Enrolled - 823 - LRB096 19592 AMC 34984 b
96-841, eff. 12-23-09; revised 12-29-09.)
(105 ILCS 5/10-20.46)
Sec. 10-20.46. Veterans' Day; moment of silence. If a
school holds any type of event at the school on November 11,
Veterans' Day, the school board shall require a moment of
silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09.)
(105 ILCS 5/10-20.47)
Sec. 10-20.47 10-20.46. Administrator and teacher salary
and benefits; report. Each school board shall report to the
State Board of Education, on or before July 1 of each year, the
base salary and benefits of the district superintendent and all
administrators and teachers employed by the school district.
For the purposes of this Section, "benefits" includes without
limitation vacation days, sick days, bonuses, annuities, and
retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; revised 10-21-09.)
(105 ILCS 5/10-20.48)
Sec. 10-20.48 10-20.46. Radon testing.
(a) It is recommended that every occupied school building
of a school district be tested every 5 years for radon pursuant
to rules established by the Illinois Emergency Management
Agency (IEMA).

SB3733 Enrolled - 824 - LRB096 19592 AMC 34984 b
(b) It is recommended that new schools of a school district
be built using radon resistant new construction techniques, as
shown in the United States Environmental Protection Agency
document, Radon Prevention in the Design and Construction of
Schools and Other Large Buildings.
(c) Each school district may maintain, make available for
review, and notify parents and faculty of test results under
this Section. The district shall report radon test results to
the State Board of Education, which shall prepare a report
every 2 years of the results from all schools that have
performed tests, to be submitted to the General Assembly and
the Governor.
(d) If IEMA exempts an individual from being required to be
a licensed radon professional, the individual does not need to
be a licensed radon professional in order to perform screening
tests under this Section. A school district may elect to have
one or more employees from the district attend an
IEMA-approved, Internet-based training course on school
testing in order to receive an exemption to conduct testing in
that school district. These school district employees must
perform the measurements in accordance with procedures
approved by IEMA. If an exemption from IEMA is not received,
the school district must use a licensed radon professional to
conduct measurements.
(e) If the results of a radon screening test under this
Section are found to be 4.0 pCi/L or above, the school district

SB3733 Enrolled - 825 - LRB096 19592 AMC 34984 b
may hire a licensed radon professional to perform measurements
before any mitigation decisions are made. If radon levels of
4.0 pCi/L or above are found, it is recommended that affected
areas be mitigated by a licensed radon mitigation professional
with respect to both design and installation. IEMA may provide
the school district with a list of licensed radon mitigation
professionals.
(f) A screening test under this Section may be done with a
test kit found in a hardware store, department store, or home
improvement store or with a kit ordered through the mail or
over the Internet. However, the kit must be provided by a
laboratory licensed in accordance with the Radon Industry
Licensing Act.
(Source: P.A. 96-417, eff. 1-1-10; revised 10-21-09.)
(105 ILCS 5/10-20.49)
Sec. 10-20.49 10-20.46. Compliance with Chemical Safety
Acts. Each school district must adopt a procedure to comply
with the requirements of the Lawn Care Products Application and
Notice Act and the Structural Pest Control Act. The school
district must designate a staff person who is responsible for
compliance with the requirements of these Acts.
(Source: P.A. 96-424, eff. 8-13-09; revised 10-21-09.)
(105 ILCS 5/10-20.50)
Sec. 10-20.50 10-20.46. Salary compensation report. On or

SB3733 Enrolled - 826 - LRB096 19592 AMC 34984 b
before October 1 of each year, each school district in this
State, including special charter districts, shall post on its
Internet website, if any, an itemized salary compensation
report for every employee in the district holding an
administrative certificate and working in that capacity,
including the district superintendent. The salary compensation
report shall include without limitation base salary, bonuses,
pension contributions, retirement increases, the cost of
health insurance, the cost of life insurance, paid sick and
vacation day payouts, annuities, and any other form of
compensation or income paid on behalf of the employee.
This report shall be presented at a regular school board
meeting, subject to applicable notice requirements. In
addition, each school district shall submit the completed
report to the office of the district's regional superintendent
of schools, which shall make copies available to any individual
requesting them.
Per Section 10-20.40 of this Code, as added by Public Act
95-707, a school district must post the contract that a school
board enters into with an exclusive bargaining representative.
The school board must provide the terms of that contract
online.
(105 ILCS 5/10-20.51)
Sec. 10-20.51 10-20.46. Press boxes; accessibility. A
school board does not have to comply with the Illinois

SB3733 Enrolled - 827 - LRB096 19592 AMC 34984 b
Accessibility Code (71 Ill. Adm. Code 400) with respect to
accessibility to press boxes that are on school property if the
press boxes were constructed before August 25, 2009 (the
effective date of Public Act 96-674) this amendatory Act of the
96th General Assembly.
(Source: P.A. 96-674, eff. 8-25-09; revised 10-21-09.)
(105 ILCS 5/10-22.3f)
Sec. 10-22.3f. Required health benefits. Insurance
protection and benefits for employees shall provide the
post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t and
the coverage required under Sections 356g, 356g.5, 356g.5-1,
356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,
356z.13, and 356z.14, and 356z.15 356z.14 of the Illinois
Insurance Code.
Rulemaking authority to implement Public Act 95-1045 this
amendatory Act of the 95th General Assembly, if any, is
conditioned on the rules being adopted in accordance with all
provisions of the Illinois Administrative Procedure Act and all
rules and procedures of the Joint Committee on Administrative
Rules; any purported rule not so adopted, for whatever reason,
is unauthorized.
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09;
95-1005, 12-12-08; 95-1045, eff. 3-27-09; 95-1049, eff.

SB3733 Enrolled - 828 - LRB096 19592 AMC 34984 b
1-1-10; 96-139, eff. 1-1-10; 96-328, eff. 8-11-09; revised
10-23-09.)
(105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
Sec. 10-22.31. Special education.
(a) To enter into joint agreements with other school boards
to provide the needed special educational facilities and to
employ a director and other professional workers as defined in
Section 14-1.10 and to establish facilities as defined in
Section 14-1.08 for the types of children described in Sections
14-1.02 and 14-1.03a. The director (who may be employed under a
contract as provided in subsection (c) of this Section) and
other professional workers may be employed by one district,
which shall be reimbursed on a mutually agreed basis by other
districts that are parties to the joint agreement. Such
agreements may provide that one district may supply
professional workers for a joint program conducted in another
district. Such agreement shall provide that any full-time
professional worker who is employed by a joint agreement
program and spends over 50% of his or her time in one school
district shall not be required to work a different teaching
schedule than the other professional worker in that district.
Such agreement shall include, but not be limited to, provisions
for administration, staff, programs, financing, housing,
transportation, an advisory body, and the method or methods to
be employed for disposing of property upon the withdrawal of a

SB3733 Enrolled - 829 - LRB096 19592 AMC 34984 b
school district or dissolution of the joint agreement and shall
specify procedures for the withdrawal of districts from the
joint agreement as long as these procedures are consistent with
subsection (g) of this Section. this Section and Such agreement
may be amended at any time as provided in the joint agreement
or, if the joint agreement does not so provide, then such
agreement may be amended at any time upon the adoption of
concurring resolutions by the school boards of all member
districts, provided that no later than 6 months after August
28, 2009 (the effective date of Public Act 96-783) this
amendatory Act of the 96th General Assembly, all existing
agreements shall be amended to be consistent with Public Act
96-783 this amendatory Act of the 96th General Assembly. Such
an amendment may include the removal of a school district from
or the addition of a school district to the joint agreement
without a petition as otherwise required in this Section if all
member districts adopt concurring resolutions to that effect. A
fully executed copy of any such agreement or amendment entered
into on or after January 1, 1989 shall be filed with the State
Board of Education. Petitions for withdrawal shall be made to
the regional board or boards of school trustees exercising
oversight or governance over any of the districts in the joint
agreement. Upon receipt of a petition for withdrawal, the
regional board of school trustees shall publish notice of and
conduct a hearing or, in instances in which more than one
regional board of school trustees exercises oversight or

SB3733 Enrolled - 830 - LRB096 19592 AMC 34984 b
governance over any of the districts in the joint agreement, a
joint hearing, in accordance with rules adopted by the State
Board of Education. In instances in which a single regional
board of school trustees holds the hearing, approval of the
petition must be by a two-thirds majority vote of the school
trustees. In instances in which a joint hearing of 2 or more
regional boards of school trustees is required, approval of the
petition must be by a two-thirds majority of all those school
trustees present and voting. Notwithstanding the provisions of
Article 6 of this Code, in instances in which the competent
regional board or boards of school trustees has been abolished,
petitions for withdrawal shall be made to the school boards of
those districts that fall under the oversight or governance of
the abolished regional board of school trustees in accordance
with rules adopted by the State Board of Education. If any
petition is approved pursuant to this subsection (a), the
withdrawal takes effect as provided in Section 7-9 of this Act.
The changes to this Section made by Public Act 96-769 this
amendatory Act of the 96th General Assembly apply to all
changes to special education joint agreement membership
initiated after July 1, 2009.
(b) To either (1) designate an administrative district to
act as fiscal and legal agent for the districts that are
parties to the joint agreement, or (2) designate a governing
board composed of one member of the school board of each
cooperating district and designated by such boards to act in

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accordance with the joint agreement. No such governing board
may levy taxes and no such governing board may incur any
indebtedness except within an annual budget for the joint
agreement approved by the governing board and by the boards of
at least a majority of the cooperating school districts or a
number of districts greater than a majority if required by the
joint agreement. The governing board may appoint an executive
board of at least 7 members to administer the joint agreement
in accordance with its terms. However, if 7 or more school
districts are parties to a joint agreement that does not have
an administrative district: (i) at least a majority of the
members appointed by the governing board to the executive board
shall be members of the school boards of the cooperating
districts; or (ii) if the governing board wishes to appoint
members who are not school board members, they shall be
superintendents from the cooperating districts.
(c) To employ a full-time director of special education of
the joint agreement program under a one-year or multi-year
contract. No such contract can be offered or accepted for less
than one year. Such contract may be discontinued at any time by
mutual agreement of the contracting parties, or may be extended
for an additional one-year or multi-year period at the end of
any year.
The contract year is July 1 through the following June
30th, unless the contract specifically provides otherwise.
Notice of intent not to renew a contract when given by a

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controlling board or administrative district must be in writing
stating the specific reason therefor. Notice of intent not to
renew the contract must be given by the controlling board or
the administrative district at least 90 days before the
contract expires. Failure to do so will automatically extend
the contract for one additional year.
By accepting the terms of the contract, the director of a
special education joint agreement waives all rights granted
under Sections 24-11 through 24-16 for the duration of his or
her employment as a director of a special education joint
agreement.
(d) To designate a district that is a party to the joint
agreement as the issuer of bonds or notes for the purposes and
in the manner provided in this Section. It is not necessary for
such district to also be the administrative district for the
joint agreement, nor is it necessary for the same district to
be designated as the issuer of all series of bonds or notes
issued hereunder. Any district so designated may, from time to
time, borrow money and, in evidence of its obligation to repay
the borrowing, issue its negotiable bonds or notes for the
purpose of acquiring, constructing, altering, repairing,
enlarging and equipping any building or portion thereof,
together with any land or interest therein, necessary to
provide special educational facilities and services as defined
in Section 14-1.08. Title in and to any such facilities shall
be held in accordance with the joint agreement.

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Any such bonds or notes shall be authorized by a resolution
of the board of education of the issuing district. The
resolution may contain such covenants as may be deemed
necessary or advisable by the district to assure the payment of
the bonds or notes. The resolution shall be effective
immediately upon its adoption.
Prior to the issuance of such bonds or notes, each school
district that is a party to the joint agreement shall agree,
whether by amendment to the joint agreement or by resolution of
the board of education, to be jointly and severally liable for
the payment of the bonds and notes. The bonds or notes shall be
payable solely and only from the payments made pursuant to such
agreement.
Neither the bonds or notes nor the obligation to pay the
bonds or notes under any joint agreement shall constitute an
indebtedness of any district, including the issuing district,
within the meaning of any constitutional or statutory
limitation.
As long as any bonds or notes are outstanding and unpaid,
the agreement by a district to pay the bonds and notes shall be
irrevocable notwithstanding the district's withdrawal from
membership in the joint special education program.
(e) If a district whose employees are on strike was, prior
to the strike, sending students with disabilities to special
educational facilities and services in another district or
cooperative, the district affected by the strike shall continue

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to send such students during the strike and shall be eligible
to receive appropriate State reimbursement.
(f) With respect to those joint agreements that have a
governing board composed of one member of the school board of
each cooperating district and designated by those boards to act
in accordance with the joint agreement, the governing board
shall have, in addition to its other powers under this Section,
the authority to issue bonds or notes for the purposes and in
the manner provided in this subsection. The governing board of
the joint agreement may from time to time borrow money and, in
evidence of its obligation to repay the borrowing, issue its
negotiable bonds or notes for the purpose of acquiring,
constructing, altering, repairing, enlarging and equipping any
building or portion thereof, together with any land or interest
therein, necessary to provide special educational facilities
and services as defined in Section 14-1.08 and including also
facilities for activities of administration and educational
support personnel employees. Title in and to any such
facilities shall be held in accordance with the joint
agreement.
Any such bonds or notes shall be authorized by a resolution
of the governing board. The resolution may contain such
covenants as may be deemed necessary or advisable by the
governing board to assure the payment of the bonds or notes and
interest accruing thereon. The resolution shall be effective
immediately upon its adoption.

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Each school district that is a party to the joint agreement
shall be automatically liable, by virtue of its membership in
the joint agreement, for its proportionate share of the
principal amount of the bonds and notes plus interest accruing
thereon, as provided in the resolution. Subject to the joint
and several liability hereinafter provided for, the resolution
may provide for different payment schedules for different
districts except that the aggregate amount of scheduled
payments for each district shall be equal to its proportionate
share of the debt service in the bonds or notes based upon the
fraction that its equalized assessed valuation bears to the
total equalized assessed valuation of all the district members
of the joint agreement as adjusted in the manner hereinafter
provided. In computing that fraction the most recent available
equalized assessed valuation at the time of the issuance of the
bonds and notes shall be used, and the equalized assessed
valuation of any district maintaining grades K to 12 shall be
doubled in both the numerator and denominator of the fraction
used for all of the districts that are members of the joint
agreement. In case of default in payment by any member, each
school district that is a party to the joint agreement shall
automatically be jointly and severally liable for the amount of
any deficiency. The bonds or notes and interest thereon shall
be payable solely and only from the funds made available
pursuant to the procedures set forth in this subsection. No
project authorized under this subsection may require an annual

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contribution for bond payments from any member district in
excess of 0.15% of the value of taxable property as equalized
or assessed by the Department of Revenue in the case of
districts maintaining grades K-8 or 9-12 and 0.30% of the value
of taxable property as equalized or assessed by the Department
of Revenue in the case of districts maintaining grades K-12.
This limitation on taxing authority is expressly applicable to
taxing authority provided under Section 17-9 and other
applicable Sections of this Act. Nothing contained in this
subsection shall be construed as an exception to the property
tax limitations contained in Section 17-2, 17-2.2a, 17-5, or
any other applicable Section of this Act.
Neither the bonds or notes nor the obligation to pay the
bonds or notes under any joint agreement shall constitute an
indebtedness of any district within the meaning of any
constitutional or statutory limitation.
As long as any bonds or notes are outstanding and unpaid,
the obligation of a district to pay its proportionate share of
the principal of and interest on the bonds and notes as
required in this Section shall be a general obligation of the
district payable from any and all sources of revenue designated
for that purpose by the board of education of the district and
shall be irrevocable notwithstanding the district's withdrawal
from membership in the joint special education program.
(g) A member district wishing to withdraw from a joint
agreement may obtain from its school board a written resolution

SB3733 Enrolled - 837 - LRB096 19592 AMC 34984 b
approving the withdrawal. The withdrawing district must then
present a written petition for withdrawal from the joint
agreement to the other member districts within such timelines
designated by the joint agreement. Upon approval by school
board written resolution of all of the remaining member
districts, the petitioning member district shall be withdrawn
from the joint agreement effective the following July 1 and
shall notify the State Board of Education of the approved
withdrawal in writing.
(h) The changes to this Section made by Public Act 96-783
this amendatory Act of the 96th General Assembly apply to
withdrawals from or dissolutions of special education joint
agreements initiated after August 28, 2009 (the effective date
of Public Act 96-783) this amendatory Act of the 96th General
Assembly.
(Source: P.A. 96-769, eff. 8-28-09; 96-783, eff. 8-28-09;
revised 9-25-09.)
(105 ILCS 5/10-22.39)
Sec. 10-22.39. In-service training programs.
(a) To conduct in-service training programs for teachers.
(b) In addition to other topics at in-service training
programs, school guidance counselors, teachers and other
school personnel who work with pupils in grades 7 through 12
shall be trained to identify the warning signs of suicidal
behavior in adolescents and teens and shall be taught

SB3733 Enrolled - 838 - LRB096 19592 AMC 34984 b
appropriate intervention and referral techniques.
(c) School guidance counselors, nurses, teachers and other
school personnel who work with pupils may be trained to have a
basic knowledge of matters relating to acquired
immunodeficiency syndrome (AIDS), including the nature of the
disease, its causes and effects, the means of detecting it and
preventing its transmission, and the availability of
appropriate sources of counseling and referral, and any other
information that may be appropriate considering the age and
grade level of such pupils. The School Board shall supervise
such training. The State Board of Education and the Department
of Public Health shall jointly develop standards for such
training.
(d) In this subsection (d):
"Domestic violence" means abuse by a family or household
member, as "abuse" and "family or household members" are
defined in Section 103 of the Illinois Domestic Violence Act of
1986.
"Sexual violence" means sexual assault, abuse, or stalking
of an adult or minor child proscribed in the Criminal Code of
1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14,
12-14.1, 12-15, and 12-16, including sexual violence committed
by perpetrators who are strangers to the victim and sexual
violence committed by perpetrators who are known or related by
blood or marriage to the victim.
At least once every 2 years, an in-service training program

SB3733 Enrolled - 839 - LRB096 19592 AMC 34984 b
for school personnel who work with pupils, including, but not
limited to, school and school district administrators,
teachers, school guidance counselors, school social workers,
school counselors, school psychologists, and school nurses,
must be conducted by persons with expertise in domestic and
sexual violence and the needs of expectant and parenting youth
and shall include training concerning (i) communicating with
and listening to youth victims of domestic or sexual violence
and expectant and parenting youth, (ii) connecting youth
victims of domestic or sexual violence and expectant and
parenting youth to appropriate in-school services and other
agencies, programs, and services as needed, and (iii)
implementing the school district's policies, procedures, and
protocols with regard to such youth, including
confidentiality. At a minimum, school personnel must be trained
to understand, provide information and referrals, and address
issues pertaining to youth who are parents, expectant parents,
or victims of domestic or sexual violence.
(e) At least every 2 years, an in-service training program
for school personnel who work with pupils must be conducted by
persons with expertise in anaphylactic reactions and
management.
(f) (e) At least once every 2 years, a school board shall
conduct in-service training on educator ethics,
teacher-student conduct, and school employee-student conduct
for all personnel.

SB3733 Enrolled - 840 - LRB096 19592 AMC 34984 b
(Source: P.A. 95-558, eff. 8-30-07; 96-349, eff. 8-13-09;
96-431, eff. 8-13-09; revised 9-4-09.)
(105 ILCS 5/18-8.05)
Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the common
schools for the 1998-1999 and subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the 1998-1999
and subsequent school years. The system of general State
financial aid provided for in this Section is designed to
assure that, through a combination of State financial aid and
required local resources, the financial support provided each
pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available Local
Resources, equals or exceeds the Foundation Level. The amount
of per pupil general State financial aid for school districts,
in general, varies in inverse relation to Available Local
Resources. Per pupil amounts are based upon each school
district's Average Daily Attendance as that term is defined in
this Section.
(2) In addition to general State financial aid, school

SB3733 Enrolled - 841 - LRB096 19592 AMC 34984 b
districts with specified levels or concentrations of pupils
from low income households are eligible to receive supplemental
general State financial aid grants as provided pursuant to
subsection (H). The supplemental State aid grants provided for
school districts under subsection (H) shall be appropriated for
distribution to school districts as part of the same line item
in which the general State financial aid of school districts is
appropriated under this Section.
(3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
(a) Any school district which fails for any given
school year to maintain school as required by law, or to
maintain a recognized school is not eligible to file for
such school year any claim upon the Common School Fund. In
case of nonrecognition of one or more attendance centers in
a school district otherwise operating recognized schools,
the claim of the district shall be reduced in the
proportion which the Average Daily Attendance in the
attendance center or centers bear to the Average Daily
Attendance in the school district. A "recognized school"
means any public school which meets the standards as
established for recognition by the State Board of
Education. A school district or attendance center not
having recognition status at the end of a school term is
entitled to receive State aid payments due upon a legal

SB3733 Enrolled - 842 - LRB096 19592 AMC 34984 b
claim which was filed while it was recognized.
(b) School district claims filed under this Section are
subject to Sections 18-9 and 18-12, except as otherwise
provided in this Section.
(c) If a school district operates a full year school
under Section 10-19.1, the general State aid to the school
district shall be determined by the State Board of
Education in accordance with this Section as near as may be
applicable.
(d) (Blank).
(4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided for
in this Section may apply those funds to any fund so received
for which that board is authorized to make expenditures by law.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in
subsection (C) and utilized in deriving per pupil financial
support levels.
(b) "Available Local Resources": A computation of
local financial support, calculated on the basis of Average
Daily Attendance and derived as provided pursuant to

SB3733 Enrolled - 843 - LRB096 19592 AMC 34984 b
subsection (D).
(c) "Corporate Personal Property Replacement Taxes":
Funds paid to local school districts pursuant to "An Act in
relation to the abolition of ad valorem personal property
tax and the replacement of revenues lost thereby, and
amending and repealing certain Acts and parts of Acts in
connection therewith", certified August 14, 1979, as
amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per pupil
financial support as provided for in subsection (B).
(e) "Operating Tax Rate": All school district property
taxes extended for all purposes, except Bond and Interest,
Summer School, Rent, Capital Improvement, and Vocational
Education Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to exert
a sufficient local taxing effort such that, in combination with
the aggregate of general State financial aid provided the
district, an aggregate of State and local resources are
available to meet the basic education needs of pupils in the
district.

SB3733 Enrolled - 844 - LRB096 19592 AMC 34984 b
(2) For the 1998-1999 school year, the Foundation Level of
support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001 school
year, the Foundation Level of support is $4,425. For the
2001-2002 school year and 2002-2003 school year, the Foundation
Level of support is $4,560. For the 2003-2004 school year, the
Foundation Level of support is $4,810. For the 2004-2005 school
year, the Foundation Level of support is $4,964. For the
2005-2006 school year, the Foundation Level of support is
$5,164. For the 2006-2007 school year, the Foundation Level of
support is $5,334. For the 2007-2008 school year, the
Foundation Level of support is $5,734. For the 2008-2009 school
year, the Foundation Level of support is $5,959.
(3) For the 2009-2010 school year and each school year
thereafter, the Foundation Level of support is $6,119 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid pursuant
to subsection (E), an Average Daily Attendance figure shall be
utilized. The Average Daily Attendance figure for formula
calculation purposes shall be the monthly average of the actual
number of pupils in attendance of each school district, as
further averaged for the best 3 months of pupil attendance for
each school district. In compiling the figures for the number

SB3733 Enrolled - 845 - LRB096 19592 AMC 34984 b
of pupils in attendance, school districts and the State Board
of Education shall, for purposes of general State aid funding,
conform attendance figures to the requirements of subsection
(F).
(2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated or the average of the
attendance data for the 3 preceding school years, whichever is
greater. The Average Daily Attendance figures utilized in
subsection (H) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid pursuant
to subsection (E), a representation of Available Local
Resources per pupil, as that term is defined and determined in
this subsection, shall be utilized. Available Local Resources
per pupil shall include a calculated dollar amount representing
local school district revenues from local property taxes and
from Corporate Personal Property Replacement Taxes, expressed
on the basis of pupils in Average Daily Attendance. Calculation
of Available Local Resources shall exclude any tax amnesty
funds received as a result of Public Act 93-26.
(2) In determining a school district's revenue from local

SB3733 Enrolled - 846 - LRB096 19592 AMC 34984 b
property taxes, the State Board of Education shall utilize the
equalized assessed valuation of all taxable property of each
school district as of September 30 of the previous year. The
equalized assessed valuation utilized shall be obtained and
determined as provided in subsection (G).
(3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized assessed
valuation for the district multiplied by 3.00%, and divided by
the district's Average Daily Attendance figure. For school
districts maintaining grades kindergarten through 8, local
property tax revenues per pupil shall be calculated as the
product of the applicable equalized assessed valuation for the
district multiplied by 2.30%, and divided by the district's
Average Daily Attendance figure. For school districts
maintaining grades 9 through 12, local property tax revenues
per pupil shall be the applicable equalized assessed valuation
of the district multiplied by 1.05%, and divided by the
district's Average Daily Attendance figure.
For partial elementary unit districts created pursuant to
Article 11E of this Code, local property tax revenues per pupil
shall be calculated as the product of the equalized assessed
valuation for property within the partial elementary unit
district for elementary purposes, as defined in Article 11E of
this Code, multiplied by 2.06% and divided by the district's
Average Daily Attendance figure, plus the product of the

SB3733 Enrolled - 847 - LRB096 19592 AMC 34984 b
equalized assessed valuation for property within the partial
elementary unit district for high school purposes, as defined
in Article 11E of this Code, multiplied by 0.94% and divided by
the district's Average Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes paid
to each school district during the calendar year one year
before the calendar year in which a school year begins, divided
by the Average Daily Attendance figure for that district, shall
be added to the local property tax revenues per pupil as
derived by the application of the immediately preceding
paragraph (3). The sum of these per pupil figures for each
school district shall constitute Available Local Resources as
that term is utilized in subsection (E) in the calculation of
general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State aid
allotted to a school district shall be computed by the State
Board of Education as provided in this subsection.
(2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times the
Foundation Level, general State aid for that district shall be
calculated as an amount equal to the Foundation Level minus
Available Local Resources, multiplied by the Average Daily
Attendance of the school district.
(3) For any school district for which Available Local

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Resources per pupil is equal to or greater than the product of
0.93 times the Foundation Level and less than the product of
1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear algorithm,
the calculated general State aid per pupil shall decline in
direct linear fashion from 0.07 times the Foundation Level for
a school district with Available Local Resources equal to the
product of 0.93 times the Foundation Level, to 0.05 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 1.75 times the Foundation
Level. The allocation of general State aid for school districts
subject to this paragraph 3 shall be the calculated general
State aid per pupil figure multiplied by the Average Daily
Attendance of the school district.
(4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75 times
the Foundation Level, the general State aid for the school
district shall be calculated as the product of $218 multiplied
by the Average Daily Attendance of the school district.
(5) The amount of general State aid allocated to a school
district for the 1999-2000 school year meeting the requirements
set forth in paragraph (4) of subsection (G) shall be increased
by an amount equal to the general State aid that would have
been received by the district for the 1998-1999 school year by
utilizing the Extension Limitation Equalized Assessed

SB3733 Enrolled - 849 - LRB096 19592 AMC 34984 b
Valuation as calculated in paragraph (4) of subsection (G) less
the general State aid allotted for the 1998-1999 school year.
This amount shall be deemed a one time increase, and shall not
affect any future general State aid allocations.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed by
the State Board of Education, attendance figures for the school
year that began in the preceding calendar year. The attendance
information so transmitted shall identify the average daily
attendance figures for each month of the school year. Beginning
with the general State aid claim form for the 2002-2003 school
year, districts shall calculate Average Daily Attendance as
provided in subdivisions (a), (b), and (c) of this paragraph
(1).
(a) In districts that do not hold year-round classes,
days of attendance in August shall be added to the month of
September and any days of attendance in June shall be added
to the month of May.
(b) In districts in which all buildings hold year-round
classes, days of attendance in July and August shall be
added to the month of September and any days of attendance
in June shall be added to the month of May.
(c) In districts in which some buildings, but not all,
hold year-round classes, for the non-year-round buildings,

SB3733 Enrolled - 850 - LRB096 19592 AMC 34984 b
days of attendance in August shall be added to the month of
September and any days of attendance in June shall be added
to the month of May. The average daily attendance for the
year-round buildings shall be computed as provided in
subdivision (b) of this paragraph (1). To calculate the
Average Daily Attendance for the district, the average
daily attendance for the year-round buildings shall be
multiplied by the days in session for the non-year-round
buildings for each month and added to the monthly
attendance of the non-year-round buildings.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of not
less than 5 clock hours of school work per day under direct
supervision of: (i) teachers, or (ii) non-teaching personnel or
volunteer personnel when engaging in non-teaching duties and
supervising in those instances specified in subsection (a) of
Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
of legal school age and in kindergarten and grades 1 through
12.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(2) Days of attendance by pupils of less than 5 clock hours
of school shall be subject to the following provisions in the
compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school for

SB3733 Enrolled - 851 - LRB096 19592 AMC 34984 b
only a part of the school day may be counted on the basis
of 1/6 day for every class hour of instruction of 40
minutes or more attended pursuant to such enrollment,
unless a pupil is enrolled in a block-schedule format of 80
minutes or more of instruction, in which case the pupil may
be counted on the basis of the proportion of minutes of
school work completed each day to the minimum number of
minutes that school work is required to be held that day.
(b) Days of attendance may be less than 5 clock hours
on the opening and closing of the school term, and upon the
first day of pupil attendance, if preceded by a day or days
utilized as an institute or teachers' workshop.
(c) A session of 4 or more clock hours may be counted
as a day of attendance upon certification by the regional
superintendent, and approved by the State Superintendent
of Education to the extent that the district has been
forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be counted
as a day of attendance (1) when the remainder of the school
day or at least 2 hours in the evening of that day is
utilized for an in-service training program for teachers,
up to a maximum of 5 days per school year, provided a
district conducts an in-service training program for
teachers in accordance with Section 10-22.39 of this Code;
or, in lieu of 4 such days, 2 full days may be used, in
which event each such day may be counted as a day required

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for a legal school calendar pursuant to Section 10-19 of
this Code; (1.5) when, of the 5 days allowed under item
(1), a maximum of 4 days are used for parent-teacher
conferences, or, in lieu of 4 such days, 2 full days are
used, in which case each such day may be counted as a
calendar day required under Section 10-19 of this Code,
provided that the full-day, parent-teacher conference
consists of (i) a minimum of 5 clock hours of
parent-teacher conferences, (ii) both a minimum of 2 clock
hours of parent-teacher conferences held in the evening
following a full day of student attendance, as specified in
subsection (F)(1)(c), and a minimum of 3 clock hours of
parent-teacher conferences held on the day immediately
following evening parent-teacher conferences, or (iii)
multiple parent-teacher conferences held in the evenings
following full days of student attendance, as specified in
subsection (F)(1)(c), in which the time used for the
parent-teacher conferences is equivalent to a minimum of 5
clock hours; and (2) when days in addition to those
provided in items (1) and (1.5) are scheduled by a school
pursuant to its school improvement plan adopted under
Article 34 or its revised or amended school improvement
plan adopted under Article 2, provided that (i) such
sessions of 3 or more clock hours are scheduled to occur at
regular intervals, (ii) the remainder of the school days in
which such sessions occur are utilized for in-service

SB3733 Enrolled - 853 - LRB096 19592 AMC 34984 b
training programs or other staff development activities
for teachers, and (iii) a sufficient number of minutes of
school work under the direct supervision of teachers are
added to the school days between such regularly scheduled
sessions to accumulate not less than the number of minutes
by which such sessions of 3 or more clock hours fall short
of 5 clock hours. Any full days used for the purposes of
this paragraph shall not be considered for computing
average daily attendance. Days scheduled for in-service
training programs, staff development activities, or
parent-teacher conferences may be scheduled separately for
different grade levels and different attendance centers of
the district.
(e) A session of not less than one clock hour of
teaching hospitalized or homebound pupils on-site or by
telephone to the classroom may be counted as 1/2 day of
attendance, however these pupils must receive 4 or more
clock hours of instruction to be counted for a full day of
attendance.
(f) A session of at least 4 clock hours may be counted
as a day of attendance for first grade pupils, and pupils
in full day kindergartens, and a session of 2 or more hours
may be counted as 1/2 day of attendance by pupils in
kindergartens which provide only 1/2 day of attendance.
(g) For children with disabilities who are below the
age of 6 years and who cannot attend 2 or more clock hours

SB3733 Enrolled - 854 - LRB096 19592 AMC 34984 b
because of their disability or immaturity, a session of not
less than one clock hour may be counted as 1/2 day of
attendance; however for such children whose educational
needs so require a session of 4 or more clock hours may be
counted as a full day of attendance.
(h) A recognized kindergarten which provides for only
1/2 day of attendance by each pupil shall not have more
than 1/2 day of attendance counted in any one day. However,
kindergartens may count 2 1/2 days of attendance in any 5
consecutive school days. When a pupil attends such a
kindergarten for 2 half days on any one school day, the
pupil shall have the following day as a day absent from
school, unless the school district obtains permission in
writing from the State Superintendent of Education.
Attendance at kindergartens which provide for a full day of
attendance by each pupil shall be counted the same as
attendance by first grade pupils. Only the first year of
attendance in one kindergarten shall be counted, except in
case of children who entered the kindergarten in their
fifth year whose educational development requires a second
year of kindergarten as determined under the rules and
regulations of the State Board of Education.
(i) On the days when the Prairie State Achievement
Examination is administered under subsection (c) of
Section 2-3.64 of this Code, the day of attendance for a
pupil whose school day must be shortened to accommodate

SB3733 Enrolled - 855 - LRB096 19592 AMC 34984 b
required testing procedures may be less than 5 clock hours
and shall be counted towards the 176 days of actual pupil
attendance required under Section 10-19 of this Code,
provided that a sufficient number of minutes of school work
in excess of 5 clock hours are first completed on other
school days to compensate for the loss of school work on
the examination days.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State Board
of Education shall secure from the Department of Revenue the
value as equalized or assessed by the Department of Revenue of
all taxable property of every school district, together with
(i) the applicable tax rate used in extending taxes for the
funds of the district as of September 30 of the previous year
and (ii) the limiting rate for all school districts subject to
property tax extension limitations as imposed under the
Property Tax Extension Limitation Law.
The Department of Revenue shall add to the equalized
assessed value of all taxable property of each school district
situated entirely or partially within a county that is or was
subject to the provisions of Section 15-176 or 15-177 of the
Property Tax Code (a) an amount equal to the total amount by
which the homestead exemption allowed under Section 15-176 or
15-177 of the Property Tax Code for real property situated in

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that school district exceeds the total amount that would have
been allowed in that school district if the maximum reduction
under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
all other counties in tax year 2003 or (ii) $5,000 in all
counties in tax year 2004 and thereafter and (b) an amount
equal to the aggregate amount for the taxable year of all
additional exemptions under Section 15-175 of the Property Tax
Code for owners with a household income of $30,000 or less. The
county clerk of any county that is or was subject to the
provisions of Section 15-176 or 15-177 of the Property Tax Code
shall annually calculate and certify to the Department of
Revenue for each school district all homestead exemption
amounts under Section 15-176 or 15-177 of the Property Tax Code
and all amounts of additional exemptions under Section 15-175
of the Property Tax Code for owners with a household income of
$30,000 or less. It is the intent of this paragraph that if the
general homestead exemption for a parcel of property is
determined under Section 15-176 or 15-177 of the Property Tax
Code rather than Section 15-175, then the calculation of
Available Local Resources shall not be affected by the
difference, if any, between the amount of the general homestead
exemption allowed for that parcel of property under Section
15-176 or 15-177 of the Property Tax Code and the amount that
would have been allowed had the general homestead exemption for
that parcel of property been determined under Section 15-175 of
the Property Tax Code. It is further the intent of this

SB3733 Enrolled - 857 - LRB096 19592 AMC 34984 b
paragraph that if additional exemptions are allowed under
Section 15-175 of the Property Tax Code for owners with a
household income of less than $30,000, then the calculation of
Available Local Resources shall not be affected by the
difference, if any, because of those additional exemptions.
This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1) shall
be adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under
this Section, with respect to any part of a school district
within a redevelopment project area in respect to which a
municipality has adopted tax increment allocation
financing pursuant to the Tax Increment Allocation
Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
of the Illinois Municipal Code or the Industrial Jobs
Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
Illinois Municipal Code, no part of the current equalized
assessed valuation of real property located in any such
project area which is attributable to an increase above the
total initial equalized assessed valuation of such
property shall be used as part of the equalized assessed
valuation of the district, until such time as all
redevelopment project costs have been paid, as provided in
Section 11-74.4-8 of the Tax Increment Allocation

SB3733 Enrolled - 858 - LRB096 19592 AMC 34984 b
Redevelopment Act or in Section 11-74.6-35 of the
Industrial Jobs Recovery Law. For the purpose of the
equalized assessed valuation of the district, the total
initial equalized assessed valuation or the current
equalized assessed valuation, whichever is lower, shall be
used until such time as all redevelopment project costs
have been paid.
(b) The real property equalized assessed valuation for
a school district shall be adjusted by subtracting from the
real property value as equalized or assessed by the
Department of Revenue for the district an amount computed
by dividing the amount of any abatement of taxes under
Section 18-170 of the Property Tax Code by 3.00% for a
district maintaining grades kindergarten through 12, by
2.30% for a district maintaining grades kindergarten
through 8, or by 1.05% for a district maintaining grades 9
through 12 and adjusted by an amount computed by dividing
the amount of any abatement of taxes under subsection (a)
of Section 18-165 of the Property Tax Code by the same
percentage rates for district type as specified in this
subparagraph (b).
(3) For the 1999-2000 school year and each school year
thereafter, if a school district meets all of the criteria of
this subsection (G)(3), the school district's Available Local
Resources shall be calculated under subsection (D) using the
district's Extension Limitation Equalized Assessed Valuation

SB3733 Enrolled - 859 - LRB096 19592 AMC 34984 b
as calculated under this subsection (G)(3).
For purposes of this subsection (G)(3) the following terms
shall have the following meanings:
"Budget Year": The school year for which general State
aid is calculated and awarded under subsection (E).
"Base Tax Year": The property tax levy year used to
calculate the Budget Year allocation of general State aid.
"Preceding Tax Year": The property tax levy year
immediately preceding the Base Tax Year.
"Base Tax Year's Tax Extension": The product of the
equalized assessed valuation utilized by the County Clerk
in the Base Tax Year multiplied by the limiting rate as
calculated by the County Clerk and defined in the Property
Tax Extension Limitation Law.
"Preceding Tax Year's Tax Extension": The product of
the equalized assessed valuation utilized by the County
Clerk in the Preceding Tax Year multiplied by the Operating
Tax Rate as defined in subsection (A).
"Extension Limitation Ratio": A numerical ratio,
certified by the County Clerk, in which the numerator is
the Base Tax Year's Tax Extension and the denominator is
the Preceding Tax Year's Tax Extension.
"Operating Tax Rate": The operating tax rate as defined
in subsection (A).
If a school district is subject to property tax extension
limitations as imposed under the Property Tax Extension

SB3733 Enrolled - 860 - LRB096 19592 AMC 34984 b
Limitation Law, the State Board of Education shall calculate
the Extension Limitation Equalized Assessed Valuation of that
district. For the 1999-2000 school year, the Extension
Limitation Equalized Assessed Valuation of a school district as
calculated by the State Board of Education shall be equal to
the product of the district's 1996 Equalized Assessed Valuation
and the district's Extension Limitation Ratio. Except as
otherwise provided in this paragraph for a school district that
has approved or does approve an increase in its limiting rate,
for the 2000-2001 school year and each school year thereafter,
the Extension Limitation Equalized Assessed Valuation of a
school district as calculated by the State Board of Education
shall be equal to the product of the Equalized Assessed
Valuation last used in the calculation of general State aid and
the district's Extension Limitation Ratio. If the Extension
Limitation Equalized Assessed Valuation of a school district as
calculated under this subsection (G)(3) is less than the
district's equalized assessed valuation as calculated pursuant
to subsections (G)(1) and (G)(2), then for purposes of
calculating the district's general State aid for the Budget
Year pursuant to subsection (E), that Extension Limitation
Equalized Assessed Valuation shall be utilized to calculate the
district's Available Local Resources under subsection (D). For
the 2009-2010 school year and each school year thereafter, if a
school district has approved or does approve an increase in its
limiting rate, pursuant to Section 18-190 of the Property Tax

SB3733 Enrolled - 861 - LRB096 19592 AMC 34984 b
Code, affecting the Base Tax Year, the Extension Limitation
Equalized Assessed Valuation of the school district, as
calculated by the State Board of Education, shall be equal to
the product of the Equalized Assessed Valuation last used in
the calculation of general State aid times an amount equal to
one plus the percentage increase, if any, in the Consumer Price
Index for all Urban Consumers for all items published by the
United States Department of Labor for the 12-month calendar
year preceding the Base Tax Year, plus the Equalized Assessed
Valuation of new property, annexed property, and recovered tax
increment value and minus the Equalized Assessed Valuation of
disconnected property. New property and recovered tax
increment value shall have the meanings set forth in the
Property Tax Extension Limitation Law.
Partial elementary unit districts created in accordance
with Article 11E of this Code shall not be eligible for the
adjustment in this subsection (G)(3) until the fifth year
following the effective date of the reorganization.
(4) For the purposes of calculating general State aid for
the 1999-2000 school year only, if a school district
experienced a triennial reassessment on the equalized assessed
valuation used in calculating its general State financial aid
apportionment for the 1998-1999 school year, the State Board of
Education shall calculate the Extension Limitation Equalized
Assessed Valuation that would have been used to calculate the
district's 1998-1999 general State aid. This amount shall equal

SB3733 Enrolled - 862 - LRB096 19592 AMC 34984 b
the product of the equalized assessed valuation used to
calculate general State aid for the 1997-1998 school year and
the district's Extension Limitation Ratio. If the Extension
Limitation Equalized Assessed Valuation of the school district
as calculated under this paragraph (4) is less than the
district's equalized assessed valuation utilized in
calculating the district's 1998-1999 general State aid
allocation, then for purposes of calculating the district's
general State aid pursuant to paragraph (5) of subsection (E),
that Extension Limitation Equalized Assessed Valuation shall
be utilized to calculate the district's Available Local
Resources.
(5) For school districts having a majority of their
equalized assessed valuation in any county except Cook, DuPage,
Kane, Lake, McHenry, or Will, if the amount of general State
aid allocated to the school district for the 1999-2000 school
year under the provisions of subsection (E), (H), and (J) of
this Section is less than the amount of general State aid
allocated to the district for the 1998-1999 school year under
these subsections, then the general State aid of the district
for the 1999-2000 school year only shall be increased by the
difference between these amounts. The total payments made under
this paragraph (5) shall not exceed $14,000,000. Claims shall
be prorated if they exceed $14,000,000.
(H) Supplemental General State Aid.

SB3733 Enrolled - 863 - LRB096 19592 AMC 34984 b
(1) In addition to the general State aid a school district
is allotted pursuant to subsection (E), qualifying school
districts shall receive a grant, paid in conjunction with a
district's payments of general State aid, for supplemental
general State aid based upon the concentration level of
children from low-income households within the school
district. Supplemental State aid grants provided for school
districts under this subsection shall be appropriated for
distribution to school districts as part of the same line item
in which the general State financial aid of school districts is
appropriated under this Section. If the appropriation in any
fiscal year for general State aid and supplemental general
State aid is insufficient to pay the amounts required under the
general State aid and supplemental general State aid
calculations, then the State Board of Education shall ensure
that each school district receives the full amount due for
general State aid and the remainder of the appropriation shall
be used for supplemental general State aid, which the State
Board of Education shall calculate and pay to eligible
districts on a prorated basis.
(1.5) This paragraph (1.5) applies only to those school
years preceding the 2003-2004 school year. For purposes of this
subsection (H), the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most
recently available federal census divided by the Average Daily
Attendance of the school district. If, however, (i) the

SB3733 Enrolled - 864 - LRB096 19592 AMC 34984 b
percentage decrease from the 2 most recent federal censuses in
the low-income eligible pupil count of a high school district
with fewer than 400 students exceeds by 75% or more the
percentage change in the total low-income eligible pupil count
of contiguous elementary school districts, whose boundaries
are coterminous with the high school district, or (ii) a high
school district within 2 counties and serving 5 elementary
school districts, whose boundaries are coterminous with the
high school district, has a percentage decrease from the 2 most
recent federal censuses in the low-income eligible pupil count
and there is a percentage increase in the total low-income
eligible pupil count of a majority of the elementary school
districts in excess of 50% from the 2 most recent federal
censuses, then the high school district's low-income eligible
pupil count from the earlier federal census shall be the number
used as the low-income eligible pupil count for the high school
district, for purposes of this subsection (H). The changes made
to this paragraph (1) by Public Act 92-28 shall apply to
supplemental general State aid grants for school years
preceding the 2003-2004 school year that are paid in fiscal
year 1999 or thereafter and to any State aid payments made in
fiscal year 1994 through fiscal year 1998 pursuant to
subsection 1(n) of Section 18-8 of this Code (which was
repealed on July 1, 1998), and any high school district that is
affected by Public Act 92-28 is entitled to a recomputation of
its supplemental general State aid grant or State aid paid in

SB3733 Enrolled - 865 - LRB096 19592 AMC 34984 b
any of those fiscal years. This recomputation shall not be
affected by any other funding.
(1.10) This paragraph (1.10) applies to the 2003-2004
school year and each school year thereafter. For purposes of
this subsection (H), the term "Low-Income Concentration Level"
shall, for each fiscal year, be the low-income eligible pupil
count as of July 1 of the immediately preceding fiscal year (as
determined by the Department of Human Services based on the
number of pupils who are eligible for at least one of the
following low income programs: Medicaid, the Children's Health
Insurance Program, TANF, or Food Stamps, excluding pupils who
are eligible for services provided by the Department of
Children and Family Services, averaged over the 2 immediately
preceding fiscal years for fiscal year 2004 and over the 3
immediately preceding fiscal years for each fiscal year
thereafter) divided by the Average Daily Attendance of the
school district.
(2) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 1998-1999,
1999-2000, and 2000-2001 school years only:
(a) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%, the
grant for any school year shall be $800 multiplied by the
low income eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%, the

SB3733 Enrolled - 866 - LRB096 19592 AMC 34984 b
grant for the 1998-1999 school year shall be $1,100
multiplied by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%, the
grant for the 1998-99 school year shall be $1,500
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of 60% or more, the grant for the
1998-99 school year shall be $1,900 multiplied by the low
income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil amount
specified in subparagraphs (b), (c), and (d) immediately
above shall be increased to $1,243, $1,600, and $2,000,
respectively.
(f) For the 2000-2001 school year, the per pupil
amounts specified in subparagraphs (b), (c), and (d)
immediately above shall be $1,273, $1,640, and $2,050,
respectively.
(2.5) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 2002-2003
school year:
(a) For any school district with a Low Income
Concentration Level of less than 10%, the grant for each
school year shall be $355 multiplied by the low income
eligible pupil count.
(b) For any school district with a Low Income

SB3733 Enrolled - 867 - LRB096 19592 AMC 34984 b
Concentration Level of at least 10% and less than 20%, the
grant for each school year shall be $675 multiplied by the
low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%, the
grant for each school year shall be $1,330 multiplied by
the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%, the
grant for each school year shall be $1,362 multiplied by
the low income eligible pupil count.
(e) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%, the
grant for each school year shall be $1,680 multiplied by
the low income eligible pupil count.
(f) For any school district with a Low Income
Concentration Level of 60% or more, the grant for each
school year shall be $2,080 multiplied by the low income
eligible pupil count.
(2.10) Except as otherwise provided, supplemental general
State aid pursuant to this subsection (H) shall be provided as
follows for the 2003-2004 school year and each school year
thereafter:
(a) For any school district with a Low Income
Concentration Level of 15% or less, the grant for each
school year shall be $355 multiplied by the low income

SB3733 Enrolled - 868 - LRB096 19592 AMC 34984 b
eligible pupil count.
(b) For any school district with a Low Income
Concentration Level greater than 15%, the grant for each
school year shall be $294.25 added to the product of $2,700
and the square of the Low Income Concentration Level, all
multiplied by the low income eligible pupil count.
For the 2003-2004 school year and each school year
thereafter through the 2008-2009 school year only, the grant
shall be no less than the grant for the 2002-2003 school year.
For the 2009-2010 school year only, the grant shall be no less
than the grant for the 2002-2003 school year multiplied by
0.66. For the 2010-2011 school year only, the grant shall be no
less than the grant for the 2002-2003 school year multiplied by
0.33. Notwithstanding the provisions of this paragraph to the
contrary, if for any school year supplemental general State aid
grants are prorated as provided in paragraph (1) of this
subsection (H), then the grants under this paragraph shall be
prorated.
For the 2003-2004 school year only, the grant shall be no
greater than the grant received during the 2002-2003 school
year added to the product of 0.25 multiplied by the difference
between the grant amount calculated under subsection (a) or (b)
of this paragraph (2.10), whichever is applicable, and the
grant received during the 2002-2003 school year. For the
2004-2005 school year only, the grant shall be no greater than
the grant received during the 2002-2003 school year added to

SB3733 Enrolled - 869 - LRB096 19592 AMC 34984 b
the product of 0.50 multiplied by the difference between the
grant amount calculated under subsection (a) or (b) of this
paragraph (2.10), whichever is applicable, and the grant
received during the 2002-2003 school year. For the 2005-2006
school year only, the grant shall be no greater than the grant
received during the 2002-2003 school year added to the product
of 0.75 multiplied by the difference between the grant amount
calculated under subsection (a) or (b) of this paragraph
(2.10), whichever is applicable, and the grant received during
the 2002-2003 school year.
(3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting from
this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State aid
pursuant to this subsection shall be required to distribute
from funds available pursuant to this Section, no less than
$261,000,000 in accordance with the following requirements:
(a) The required amounts shall be distributed to the

SB3733 Enrolled - 870 - LRB096 19592 AMC 34984 b
attendance centers within the district in proportion to the
number of pupils enrolled at each attendance center who are
eligible to receive free or reduced-price lunches or
breakfasts under the federal Child Nutrition Act of 1966
and under the National School Lunch Act during the
immediately preceding school year.
(b) The distribution of these portions of supplemental
and general State aid among attendance centers according to
these requirements shall not be compensated for or
contravened by adjustments of the total of other funds
appropriated to any attendance centers, and the Board of
Education shall utilize funding from one or several sources
in order to fully implement this provision annually prior
to the opening of school.
(c) Each attendance center shall be provided by the
school district a distribution of noncategorical funds and
other categorical funds to which an attendance center is
entitled under law in order that the general State aid and
supplemental general State aid provided by application of
this subsection supplements rather than supplants the
noncategorical funds and other categorical funds provided
by the school district to the attendance centers.
(d) Any funds made available under this subsection that
by reason of the provisions of this subsection are not
required to be allocated and provided to attendance centers
may be used and appropriated by the board of the district

SB3733 Enrolled - 871 - LRB096 19592 AMC 34984 b
for any lawful school purpose.
(e) Funds received by an attendance center pursuant to
this subsection shall be used by the attendance center at
the discretion of the principal and local school council
for programs to improve educational opportunities at
qualifying schools through the following programs and
services: early childhood education, reduced class size or
improved adult to student classroom ratio, enrichment
programs, remedial assistance, attendance improvement, and
other educationally beneficial expenditures which
supplement the regular and basic programs as determined by
the State Board of Education. Funds provided shall not be
expended for any political or lobbying purposes as defined
by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to meet
the educational needs of disadvantaged children, in
compliance with the requirements of this paragraph, to the
State Board of Education prior to July 15 of each year.
This plan shall be consistent with the decisions of local
school councils concerning the school expenditure plans
developed in accordance with part 4 of Section 34-2.3. The
State Board shall approve or reject the plan within 60 days
after its submission. If the plan is rejected, the district
shall give written notice of intent to modify the plan
within 15 days of the notification of rejection and then

SB3733 Enrolled - 872 - LRB096 19592 AMC 34984 b
submit a modified plan within 30 days after the date of the
written notice of intent to modify. Districts may amend
approved plans pursuant to rules promulgated by the State
Board of Education.
Upon notification by the State Board of Education that
the district has not submitted a plan prior to July 15 or a
modified plan within the time period specified herein, the
State aid funds affected by that plan or modified plan
shall be withheld by the State Board of Education until a
plan or modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan, the
plan for the following year shall allocate funds, in
addition to the funds otherwise required by this
subsection, to those attendance centers which were
underfunded during the previous year in amounts equal to
such underfunding.
For purposes of determining compliance with this
subsection in relation to the requirements of attendance
center funding, each district subject to the provisions of
this subsection shall submit as a separate document by
December 1 of each year a report of expenditure data for
the prior year in addition to any modification of its
current plan. If it is determined that there has been a
failure to comply with the expenditure provisions of this
subsection regarding contravention or supplanting, the

SB3733 Enrolled - 873 - LRB096 19592 AMC 34984 b
State Superintendent of Education shall, within 60 days of
receipt of the report, notify the district and any affected
local school council. The district shall within 45 days of
receipt of that notification inform the State
Superintendent of Education of the remedial or corrective
action to be taken, whether by amendment of the current
plan, if feasible, or by adjustment in the plan for the
following year. Failure to provide the expenditure report
or the notification of remedial or corrective action in a
timely manner shall result in a withholding of the affected
funds.
The State Board of Education shall promulgate rules and
regulations to implement the provisions of this
subsection. No funds shall be released under this
subdivision (H)(4) to any district that has not submitted a
plan that has been approved by the State Board of
Education.
(I) (Blank).
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this Section,
the amount of the aggregate general State aid in combination
with supplemental general State aid under this Section for
which each school district is eligible shall be no less than
the amount of the aggregate general State aid entitlement that

SB3733 Enrolled - 874 - LRB096 19592 AMC 34984 b
was received by the district under Section 18-8 (exclusive of
amounts received under subsections 5(p) and 5(p-5) of that
Section) for the 1997-98 school year, pursuant to the
provisions of that Section as it was then in effect. If a
school district qualifies to receive a supplementary payment
made under this subsection (J), the amount of the aggregate
general State aid in combination with supplemental general
State aid under this Section which that district is eligible to
receive for each school year shall be no less than the amount
of the aggregate general State aid entitlement that was
received by the district under Section 18-8 (exclusive of
amounts received under subsections 5(p) and 5(p-5) of that
Section) for the 1997-1998 school year, pursuant to the
provisions of that Section as it was then in effect.
(2) If, as provided in paragraph (1) of this subsection
(J), a school district is to receive aggregate general State
aid in combination with supplemental general State aid under
this Section for the 1998-99 school year and any subsequent
school year that in any such school year is less than the
amount of the aggregate general State aid entitlement that the
district received for the 1997-98 school year, the school
district shall also receive, from a separate appropriation made
for purposes of this subsection (J), a supplementary payment
that is equal to the amount of the difference in the aggregate
State aid figures as described in paragraph (1).
(3) (Blank).

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(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing board
of a public university that operates a laboratory school under
this Section or to any alternative school that is operated by a
regional superintendent of schools, the State Board of
Education shall require by rule such reporting requirements as
it deems necessary.
As used in this Section, "laboratory school" means a public
school which is created and operated by a public university and
approved by the State Board of Education. The governing board
of a public university which receives funds from the State
Board under this subsection (K) may not increase the number of
students enrolled in its laboratory school from a single
district, if that district is already sending 50 or more
students, except under a mutual agreement between the school
board of a student's district of residence and the university
which operates the laboratory school. A laboratory school may
not have more than 1,000 students, excluding students with
disabilities in a special education program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school

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equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school serving
more than one educational service region may be established by
the regional superintendents of schools of the affected
educational service regions. An alternative school serving
more than one educational service region may be operated under
such terms as the regional superintendents of schools of those
educational service regions may agree.
Each laboratory and alternative school shall file, on forms
provided by the State Superintendent of Education, an annual
State aid claim which states the Average Daily Attendance of
the school's students by month. The best 3 months' Average
Daily Attendance shall be computed for each school. The general
State aid entitlement shall be computed by multiplying the
applicable Average Daily Attendance by the Foundation Level as
determined under this Section.
(L) Payments, Additional Grants in Aid and Other Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under this
Section, but not the supplemental general State aid, shall be
reduced by an amount equal to the budget for the operations of
the Authority as certified by the Authority to the State Board

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of Education, and an amount equal to such reduction shall be
paid to the Authority created for such district for its
operating expenses in the manner provided in Section 18-11. The
remainder of general State school aid for any such district
shall be paid in accordance with Article 34A when that Article
provides for a disposition other than that provided by this
Article.
(2) (Blank).
(3) Summer school. Summer school payments shall be made as
provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate. The
members appointed shall include representatives of education,
business, and the general public. One of the members so
appointed shall be designated by the Governor at the time the
appointment is made as the chairperson of the Board. The
initial members of the Board may be appointed any time after
the effective date of this amendatory Act of 1997. The regular
term of each member of the Board shall be for 4 years from the
third Monday of January of the year in which the term of the
member's appointment is to commence, except that of the 5
initial members appointed to serve on the Board, the member who

SB3733 Enrolled - 878 - LRB096 19592 AMC 34984 b
is appointed as the chairperson shall serve for a term that
commences on the date of his or her appointment and expires on
the third Monday of January, 2002, and the remaining 4 members,
by lots drawn at the first meeting of the Board that is held
after all 5 members are appointed, shall determine 2 of their
number to serve for terms that commence on the date of their
respective appointments and expire on the third Monday of
January, 2001, and 2 of their number to serve for terms that
commence on the date of their respective appointments and
expire on the third Monday of January, 2000. All members
appointed to serve on the Board shall serve until their
respective successors are appointed and confirmed. Vacancies
shall be filled in the same manner as original appointments. If
a vacancy in membership occurs at a time when the Senate is not
in session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she shall
appoint, by and with the advice and consent of the Senate, a
person to fill that membership for the unexpired term. If the
Senate is not in session when the initial appointments are
made, those appointments shall be made as in the case of
vacancies.
The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the Governor
to serve as members of the Board shall take office, on the date
that the Governor makes his or her appointment of the fifth
initial member of the Board, whether those initial members are

SB3733 Enrolled - 879 - LRB096 19592 AMC 34984 b
then serving pursuant to appointment and confirmation or
pursuant to temporary appointments that are made by the
Governor as in the case of vacancies.
The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board of
its responsibilities.
For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for the
foundation level under subdivision (B)(3) of this Section and
for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance. The
Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) (Blank).
(O) References.
(1) References in other laws to the various subdivisions of

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Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer to
the corresponding provisions of this Section 18-8.05, to the
extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds shall
be deemed to refer to the supplemental general State aid
provided under subsection (H) of this Section.
(P) Public Act 93-838 and Public Act 93-808 make inconsistent
changes to this Section. Under Section 6 of the Statute on
Statutes there is an irreconcilable conflict between Public Act
93-808 and Public Act 93-838. Public Act 93-838, being the last
acted upon, is controlling. The text of Public Act 93-838 is
the law regardless of the text of Public Act 93-808.
(Source: P.A. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07;
95-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff.
8-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff.
8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; revised
10-23-09.)
(105 ILCS 5/19-1)
Sec. 19-1. Debt limitations of school districts.
(a) School districts shall not be subject to the provisions
limiting their indebtedness prescribed in "An Act to limit the
indebtedness of counties having a population of less than
500,000 and townships, school districts and other municipal

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corporations having a population of less than 300,000",
approved February 15, 1928, as amended.
No school districts maintaining grades K through 8 or 9
through 12 shall become indebted in any manner or for any
purpose to an amount, including existing indebtedness, in the
aggregate exceeding 6.9% on the value of the taxable property
therein to be ascertained by the last assessment for State and
county taxes or, until January 1, 1983, if greater, the sum
that is produced by multiplying the school district's 1978
equalized assessed valuation by the debt limitation percentage
in effect on January 1, 1979, previous to the incurring of such
indebtedness.
No school districts maintaining grades K through 12 shall
become indebted in any manner or for any purpose to an amount,
including existing indebtedness, in the aggregate exceeding
13.8% on the value of the taxable property therein to be
ascertained by the last assessment for State and county taxes
or, until January 1, 1983, if greater, the sum that is produced
by multiplying the school district's 1978 equalized assessed
valuation by the debt limitation percentage in effect on
January 1, 1979, previous to the incurring of such
indebtedness.
No partial elementary unit district, as defined in Article
11E of this Code, shall become indebted in any manner or for
any purpose in an amount, including existing indebtedness, in
the aggregate exceeding 6.9% of the value of the taxable

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property of the entire district, to be ascertained by the last
assessment for State and county taxes, plus an amount,
including existing indebtedness, in the aggregate exceeding
6.9% of the value of the taxable property of that portion of
the district included in the elementary and high school
classification, to be ascertained by the last assessment for
State and county taxes. Moreover, no partial elementary unit
district, as defined in Article 11E of this Code, shall become
indebted on account of bonds issued by the district for high
school purposes in the aggregate exceeding 6.9% of the value of
the taxable property of the entire district, to be ascertained
by the last assessment for State and county taxes, nor shall
the district become indebted on account of bonds issued by the
district for elementary purposes in the aggregate exceeding
6.9% of the value of the taxable property for that portion of
the district included in the elementary and high school
classification, to be ascertained by the last assessment for
State and county taxes.
Notwithstanding the provisions of any other law to the
contrary, in any case in which the voters of a school district
have approved a proposition for the issuance of bonds of such
school district at an election held prior to January 1, 1979,
and all of the bonds approved at such election have not been
issued, the debt limitation applicable to such school district
during the calendar year 1979 shall be computed by multiplying
the value of taxable property therein, including personal

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property, as ascertained by the last assessment for State and
county taxes, previous to the incurring of such indebtedness,
by the percentage limitation applicable to such school district
under the provisions of this subsection (a).
(b) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, additional indebtedness may be
incurred in an amount not to exceed the estimated cost of
acquiring or improving school sites or constructing and
equipping additional building facilities under the following
conditions:
(1) Whenever the enrollment of students for the next
school year is estimated by the board of education to
increase over the actual present enrollment by not less
than 35% or by not less than 200 students or the actual
present enrollment of students has increased over the
previous school year by not less than 35% or by not less
than 200 students and the board of education determines
that additional school sites or building facilities are
required as a result of such increase in enrollment; and
(2) When the Regional Superintendent of Schools having
jurisdiction over the school district and the State
Superintendent of Education concur in such enrollment
projection or increase and approve the need for such
additional school sites or building facilities and the
estimated cost thereof; and
(3) When the voters in the school district approve a

SB3733 Enrolled - 884 - LRB096 19592 AMC 34984 b
proposition for the issuance of bonds for the purpose of
acquiring or improving such needed school sites or
constructing and equipping such needed additional building
facilities at an election called and held for that purpose.
Notice of such an election shall state that the amount of
indebtedness proposed to be incurred would exceed the debt
limitation otherwise applicable to the school district.
The ballot for such proposition shall state what percentage
of the equalized assessed valuation will be outstanding in
bonds if the proposed issuance of bonds is approved by the
voters; or
(4) Notwithstanding the provisions of paragraphs (1)
through (3) of this subsection (b), if the school board
determines that additional facilities are needed to
provide a quality educational program and not less than 2/3
of those voting in an election called by the school board
on the question approve the issuance of bonds for the
construction of such facilities, the school district may
issue bonds for this purpose; or
(5) Notwithstanding the provisions of paragraphs (1)
through (3) of this subsection (b), if (i) the school
district has previously availed itself of the provisions of
paragraph (4) of this subsection (b) to enable it to issue
bonds, (ii) the voters of the school district have not
defeated a proposition for the issuance of bonds since the
referendum described in paragraph (4) of this subsection

SB3733 Enrolled - 885 - LRB096 19592 AMC 34984 b
(b) was held, (iii) the school board determines that
additional facilities are needed to provide a quality
educational program, and (iv) a majority of those voting in
an election called by the school board on the question
approve the issuance of bonds for the construction of such
facilities, the school district may issue bonds for this
purpose.
In no event shall the indebtedness incurred pursuant to
this subsection (b) and the existing indebtedness of the school
district exceed 15% of the value of the taxable property
therein to be ascertained by the last assessment for State and
county taxes, previous to the incurring of such indebtedness
or, until January 1, 1983, if greater, the sum that is produced
by multiplying the school district's 1978 equalized assessed
valuation by the debt limitation percentage in effect on
January 1, 1979.
The indebtedness provided for by this subsection (b) shall
be in addition to and in excess of any other debt limitation.
(c) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, in any case in which a public
question for the issuance of bonds of a proposed school
district maintaining grades kindergarten through 12 received
at least 60% of the valid ballots cast on the question at an
election held on or prior to November 8, 1994, and in which the
bonds approved at such election have not been issued, the
school district pursuant to the requirements of Section 11A-10

SB3733 Enrolled - 886 - LRB096 19592 AMC 34984 b
(now repealed) may issue the total amount of bonds approved at
such election for the purpose stated in the question.
(d) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) and (2) of this
subsection (d) may incur an additional indebtedness in an
amount not to exceed $4,500,000, even though the amount of the
additional indebtedness authorized by this subsection (d),
when incurred and added to the aggregate amount of indebtedness
of the district existing immediately prior to the district
incurring the additional indebtedness authorized by this
subsection (d), causes the aggregate indebtedness of the
district to exceed the debt limitation otherwise applicable to
that district under subsection (a):
(1) The additional indebtedness authorized by this
subsection (d) is incurred by the school district through
the issuance of bonds under and in accordance with Section
17-2.11a for the purpose of replacing a school building
which, because of mine subsidence damage, has been closed
as provided in paragraph (2) of this subsection (d) or
through the issuance of bonds under and in accordance with
Section 19-3 for the purpose of increasing the size of, or
providing for additional functions in, such replacement
school buildings, or both such purposes.
(2) The bonds issued by the school district as provided
in paragraph (1) above are issued for the purposes of

SB3733 Enrolled - 887 - LRB096 19592 AMC 34984 b
construction by the school district of a new school
building pursuant to Section 17-2.11, to replace an
existing school building that, because of mine subsidence
damage, is closed as of the end of the 1992-93 school year
pursuant to action of the regional superintendent of
schools of the educational service region in which the
district is located under Section 3-14.22 or are issued for
the purpose of increasing the size of, or providing for
additional functions in, the new school building being
constructed to replace a school building closed as the
result of mine subsidence damage, or both such purposes.
(e) (Blank).
(f) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds in not to exceed the
aggregate amount of $5,500,000 and issued by a school district
meeting the following criteria shall not be considered
indebtedness for purposes of any statutory limitation and may
be issued in an amount or amounts, including existing
indebtedness, in excess of any heretofore or hereafter imposed
statutory limitation as to indebtedness:
(1) At the time of the sale of such bonds, the board of
education of the district shall have determined by
resolution that the enrollment of students in the district
is projected to increase by not less than 7% during each of
the next succeeding 2 school years.
(2) The board of education shall also determine by

SB3733 Enrolled - 888 - LRB096 19592 AMC 34984 b
resolution that the improvements to be financed with the
proceeds of the bonds are needed because of the projected
enrollment increases.
(3) The board of education shall also determine by
resolution that the projected increases in enrollment are
the result of improvements made or expected to be made to
passenger rail facilities located in the school district.
Notwithstanding the provisions of subsection (a) of this
Section or of any other law, a school district that has availed
itself of the provisions of this subsection (f) prior to July
22, 2004 (the effective date of Public Act 93-799) may also
issue bonds approved by referendum up to an amount, including
existing indebtedness, not exceeding 25% of the equalized
assessed value of the taxable property in the district if all
of the conditions set forth in items (1), (2), and (3) of this
subsection (f) are met.
(g) Notwithstanding the provisions of subsection (a) of
this Section or any other law, bonds in not to exceed an
aggregate amount of 25% of the equalized assessed value of the
taxable property of a school district and issued by a school
district meeting the criteria in paragraphs (i) through (iv) of
this subsection shall not be considered indebtedness for
purposes of any statutory limitation and may be issued pursuant
to resolution of the school board in an amount or amounts,
including existing indebtedness, in excess of any statutory
limitation of indebtedness heretofore or hereafter imposed:

SB3733 Enrolled - 889 - LRB096 19592 AMC 34984 b
(i) The bonds are issued for the purpose of
constructing a new high school building to replace two
adjacent existing buildings which together house a single
high school, each of which is more than 65 years old, and
which together are located on more than 10 acres and less
than 11 acres of property.
(ii) At the time the resolution authorizing the
issuance of the bonds is adopted, the cost of constructing
a new school building to replace the existing school
building is less than 60% of the cost of repairing the
existing school building.
(iii) The sale of the bonds occurs before July 1, 1997.
(iv) The school district issuing the bonds is a unit
school district located in a county of less than 70,000 and
more than 50,000 inhabitants, which has an average daily
attendance of less than 1,500 and an equalized assessed
valuation of less than $29,000,000.
(h) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27.6% of the equalized assessed
value of the taxable property in the district, if all of the
following conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than $24,000,000;

SB3733 Enrolled - 890 - LRB096 19592 AMC 34984 b
(ii) The bonds are issued for the capital improvement,
renovation, rehabilitation, or replacement of existing
school buildings of the district, all of which buildings
were originally constructed not less than 40 years ago;
(iii) The voters of the district approve a proposition
for the issuance of the bonds at a referendum held after
March 19, 1996; and
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(i) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27% of the equalized assessed value
of the taxable property in the district, if all of the
following conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than $44,600,000;
(ii) The bonds are issued for the capital improvement,
renovation, rehabilitation, or replacement of existing
school buildings of the district, all of which existing
buildings were originally constructed not less than 80
years ago;
(iii) The voters of the district approve a proposition
for the issuance of the bonds at a referendum held after
December 31, 1996; and

SB3733 Enrolled - 891 - LRB096 19592 AMC 34984 b
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(j) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1999, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27% of the equalized assessed value
of the taxable property in the district if all of the following
conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 of less than $140,000,000
and a best 3 months average daily attendance for the
1995-96 school year of at least 2,800;
(ii) The bonds are issued to purchase a site and build
and equip a new high school, and the school district's
existing high school was originally constructed not less
than 35 years prior to the sale of the bonds;
(iii) At the time of the sale of the bonds, the board
of education determines by resolution that a new high
school is needed because of projected enrollment
increases;
(iv) At least 60% of those voting in an election held
after December 31, 1996 approve a proposition for the
issuance of the bonds; and
(v) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.

SB3733 Enrolled - 892 - LRB096 19592 AMC 34984 b
(k) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) through (4) of
this subsection (k) may issue bonds to incur an additional
indebtedness in an amount not to exceed $4,000,000 even though
the amount of the additional indebtedness authorized by this
subsection (k), when incurred and added to the aggregate amount
of indebtedness of the school district existing immediately
prior to the school district incurring such additional
indebtedness, causes the aggregate indebtedness of the school
district to exceed or increases the amount by which the
aggregate indebtedness of the district already exceeds the debt
limitation otherwise applicable to that school district under
subsection (a):
(1) the school district is located in 2 counties, and a
referendum to authorize the additional indebtedness was
approved by a majority of the voters of the school district
voting on the proposition to authorize that indebtedness;
(2) the additional indebtedness is for the purpose of
financing a multi-purpose room addition to the existing
high school;
(3) the additional indebtedness, together with the
existing indebtedness of the school district, shall not
exceed 17.4% of the value of the taxable property in the
school district, to be ascertained by the last assessment
for State and county taxes; and

SB3733 Enrolled - 893 - LRB096 19592 AMC 34984 b
(4) the bonds evidencing the additional indebtedness
are issued, if at all, within 120 days of the effective
date of this amendatory Act of 1998.
(l) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 2000, a
school district maintaining grades kindergarten through 8 may
issue bonds up to an amount, including existing indebtedness,
not exceeding 15% of the equalized assessed value of the
taxable property in the district if all of the following
conditions are met:
(i) the district has an equalized assessed valuation
for calendar year 1996 of less than $10,000,000;
(ii) the bonds are issued for capital improvement,
renovation, rehabilitation, or replacement of one or more
school buildings of the district, which buildings were
originally constructed not less than 70 years ago;
(iii) the voters of the district approve a proposition
for the issuance of the bonds at a referendum held on or
after March 17, 1998; and
(iv) the bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(m) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1999, an
elementary school district maintaining grades K through 8 may
issue bonds up to an amount, excluding existing indebtedness,
not exceeding 18% of the equalized assessed value of the

SB3733 Enrolled - 894 - LRB096 19592 AMC 34984 b
taxable property in the district, if all of the following
conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 or less than $7,700,000;
(ii) The school district operates 2 elementary
attendance centers that until 1976 were operated as the
attendance centers of 2 separate and distinct school
districts;
(iii) The bonds are issued for the construction of a
new elementary school building to replace an existing
multi-level elementary school building of the school
district that is not handicapped accessible at all levels
and parts of which were constructed more than 75 years ago;
(iv) The voters of the school district approve a
proposition for the issuance of the bonds at a referendum
held after July 1, 1998; and
(v) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(n) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section or any other provisions of this
Section or of any other law, a school district that meets all
of the criteria set forth in paragraphs (i) through (vi) of
this subsection (n) may incur additional indebtedness by the
issuance of bonds in an amount not exceeding the amount
certified by the Capital Development Board to the school
district as provided in paragraph (iii) of this subsection (n),

SB3733 Enrolled - 895 - LRB096 19592 AMC 34984 b
even though the amount of the additional indebtedness so
authorized, when incurred and added to the aggregate amount of
indebtedness of the district existing immediately prior to the
district incurring the additional indebtedness authorized by
this subsection (n), causes the aggregate indebtedness of the
district to exceed the debt limitation otherwise applicable by
law to that district:
(i) The school district applies to the State Board of
Education for a school construction project grant and
submits a district facilities plan in support of its
application pursuant to Section 5-20 of the School
Construction Law.
(ii) The school district's application and facilities
plan are approved by, and the district receives a grant
entitlement for a school construction project issued by,
the State Board of Education under the School Construction
Law.
(iii) The school district has exhausted its bonding
capacity or the unused bonding capacity of the district is
less than the amount certified by the Capital Development
Board to the district under Section 5-15 of the School
Construction Law as the dollar amount of the school
construction project's cost that the district will be
required to finance with non-grant funds in order to
receive a school construction project grant under the
School Construction Law.

SB3733 Enrolled - 896 - LRB096 19592 AMC 34984 b
(iv) The bonds are issued for a "school construction
project", as that term is defined in Section 5-5 of the
School Construction Law, in an amount that does not exceed
the dollar amount certified, as provided in paragraph (iii)
of this subsection (n), by the Capital Development Board to
the school district under Section 5-15 of the School
Construction Law.
(v) The voters of the district approve a proposition
for the issuance of the bonds at a referendum held after
the criteria specified in paragraphs (i) and (iii) of this
subsection (n) are met.
(vi) The bonds are issued pursuant to Sections 19-2
through 19-7 of the School Code.
(o) Notwithstanding any other provisions of this Section or
the provisions of any other law, until November 1, 2007, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 20% of the equalized assessed value
of the taxable property in the district if all of the following
conditions are met:
(i) the school district has an equalized assessed
valuation for calendar year 2001 of at least $737,000,000
and an enrollment for the 2002-2003 school year of at least
8,500;
(ii) the bonds are issued to purchase school sites,
build and equip a new high school, build and equip a new

SB3733 Enrolled - 897 - LRB096 19592 AMC 34984 b
junior high school, build and equip 5 new elementary
schools, and make technology and other improvements and
additions to existing schools;
(iii) at the time of the sale of the bonds, the board
of education determines by resolution that the sites and
new or improved facilities are needed because of projected
enrollment increases;
(iv) at least 57% of those voting in a general election
held prior to January 1, 2003 approved a proposition for
the issuance of the bonds; and
(v) the bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(p) Notwithstanding any other provisions of this Section or
the provisions of any other law, a community unit school
district maintaining grades K through 12 may issue bonds up to
an amount, including indebtedness, not exceeding 27% of the
equalized assessed value of the taxable property in the
district if all of the following conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 2001 of at least $295,741,187
and a best 3 months' average daily attendance for the
2002-2003 school year of at least 2,394.
(ii) The bonds are issued to build and equip 3
elementary school buildings; build and equip one middle
school building; and alter, repair, improve, and equip all
existing school buildings in the district.

SB3733 Enrolled - 898 - LRB096 19592 AMC 34984 b
(iii) At the time of the sale of the bonds, the board
of education determines by resolution that the project is
needed because of expanding growth in the school district
and a projected enrollment increase.
(iv) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(p-5) Notwithstanding any other provisions of this Section
or the provisions of any other law, bonds issued by a community
unit school district maintaining grades K through 12 shall not
be considered indebtedness for purposes of any statutory
limitation and may be issued in an amount or amounts, including
existing indebtedness, in excess of any heretofore or hereafter
imposed statutory limitation as to indebtedness, if all of the
following conditions are met:
(i) For each of the 4 most recent years, residential
property comprises more than 80% of the equalized assessed
valuation of the district.
(ii) At least 2 school buildings that were constructed
40 or more years prior to the issuance of the bonds will be
demolished and will be replaced by new buildings or
additions to one or more existing buildings.
(iii) Voters of the district approve a proposition for
the issuance of the bonds at a regularly scheduled
election.
(iv) At the time of the sale of the bonds, the school
board determines by resolution that the new buildings or

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building additions are needed because of an increase in
enrollment projected by the school board.
(v) The principal amount of the bonds, including
existing indebtedness, does not exceed 25% of the equalized
assessed value of the taxable property in the district.
(vi) The bonds are issued prior to January 1, 2007,
pursuant to Sections 19-2 through 19-7 of this Code.
(p-10) Notwithstanding any other provisions of this
Section or the provisions of any other law, bonds issued by a
community consolidated school district maintaining grades K
through 8 shall not be considered indebtedness for purposes of
any statutory limitation and may be issued in an amount or
amounts, including existing indebtedness, in excess of any
heretofore or hereafter imposed statutory limitation as to
indebtedness, if all of the following conditions are met:
(i) For each of the 4 most recent years, residential
and farm property comprises more than 80% of the equalized
assessed valuation of the district.
(ii) The bond proceeds are to be used to acquire and
improve school sites and build and equip a school building.
(iii) Voters of the district approve a proposition for
the issuance of the bonds at a regularly scheduled
election.
(iv) At the time of the sale of the bonds, the school
board determines by resolution that the school sites and
building additions are needed because of an increase in

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enrollment projected by the school board.
(v) The principal amount of the bonds, including
existing indebtedness, does not exceed 20% of the equalized
assessed value of the taxable property in the district.
(vi) The bonds are issued prior to January 1, 2007,
pursuant to Sections 19-2 through 19-7 of this Code.
(p-15) In addition to all other authority to issue bonds,
the Oswego Community Unit School District Number 308 may issue
bonds with an aggregate principal amount not to exceed
$450,000,000, but only if all of the following conditions are
met:
(i) The voters of the district have approved a
proposition for the bond issue at the general election held
on November 7, 2006.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that: (A) the building and
equipping of the new high school building, new junior high
school buildings, new elementary school buildings, early
childhood building, maintenance building, transportation
facility, and additions to existing school buildings, the
altering, repairing, equipping, and provision of
technology improvements to existing school buildings, and
the acquisition and improvement of school sites, as the
case may be, are required as a result of a projected
increase in the enrollment of students in the district; and
(B) the sale of bonds for these purposes is authorized by

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legislation that exempts the debt incurred on the bonds
from the district's statutory debt limitation.
(iii) The bonds are issued, in one or more bond issues,
on or before November 7, 2011, but the aggregate principal
amount issued in all such bond issues combined must not
exceed $450,000,000.
(iv) The bonds are issued in accordance with this
Article 19.
(v) The proceeds of the bonds are used only to
accomplish those projects approved by the voters at the
general election held on November 7, 2006.
The debt incurred on any bonds issued under this subsection
(p-15) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-20) In addition to all other authority to issue bonds,
the Lincoln-Way Community High School District Number 210 may
issue bonds with an aggregate principal amount not to exceed
$225,000,000, but only if all of the following conditions are
met:
(i) The voters of the district have approved a
proposition for the bond issue at the general primary
election held on March 21, 2006.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that: (A) the building and
equipping of the new high school buildings, the altering,
repairing, and equipping of existing school buildings, and

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the improvement of school sites, as the case may be, are
required as a result of a projected increase in the
enrollment of students in the district; and (B) the sale of
bonds for these purposes is authorized by legislation that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(iii) The bonds are issued, in one or more bond issues,
on or before March 21, 2011, but the aggregate principal
amount issued in all such bond issues combined must not
exceed $225,000,000.
(iv) The bonds are issued in accordance with this
Article 19.
(v) The proceeds of the bonds are used only to
accomplish those projects approved by the voters at the
primary election held on March 21, 2006.
The debt incurred on any bonds issued under this subsection
(p-20) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-25) In addition to all other authority to issue bonds,
Rochester Community Unit School District 3A may issue bonds
with an aggregate principal amount not to exceed $18,500,000,
but only if all of the following conditions are met:
(i) The voters of the district approve a proposition
for the bond issuance at the general primary election held
in 2008.
(ii) At the time of the sale of the bonds, the school

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board determines, by resolution, that: (A) the building and
equipping of a new high school building; the addition of
classrooms and support facilities at the high school,
middle school, and elementary school; the altering,
repairing, and equipping of existing school buildings; and
the improvement of school sites, as the case may be, are
required as a result of a projected increase in the
enrollment of students in the district; and (B) the sale of
bonds for these purposes is authorized by a law that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(iii) The bonds are issued, in one or more bond issues,
on or before December 31, 2012, but the aggregate principal
amount issued in all such bond issues combined must not
exceed $18,500,000.
(iv) The bonds are issued in accordance with this
Article 19.
(v) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at the primary
election held in 2008.
The debt incurred on any bonds issued under this subsection
(p-25) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-30) In addition to all other authority to issue bonds,
Prairie Grove Consolidated School District 46 may issue bonds
with an aggregate principal amount not to exceed $30,000,000,

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but only if all of the following conditions are met:
(i) The voters of the district approve a proposition
for the bond issuance at an election held in 2008.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that (A) the building and
equipping of a new school building and additions to
existing school buildings are required as a result of a
projected increase in the enrollment of students in the
district and (B) the altering, repairing, and equipping of
existing school buildings are required because of the age
of the existing school buildings.
(iii) The bonds are issued, in one or more bond
issuances, on or before December 31, 2012; however, the
aggregate principal amount issued in all such bond
issuances combined must not exceed $30,000,000.
(iv) The bonds are issued in accordance with this
Article.
(v) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held in 2008.
The debt incurred on any bonds issued under this subsection
(p-30) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-35) In addition to all other authority to issue bonds,
Prairie Hill Community Consolidated School District 133 may
issue bonds with an aggregate principal amount not to exceed

SB3733 Enrolled - 905 - LRB096 19592 AMC 34984 b
$13,900,000, but only if all of the following conditions are
met:
(i) The voters of the district approved a proposition
for the bond issuance at an election held on April 17,
2007.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that (A) the improvement
of the site of and the building and equipping of a school
building are required as a result of a projected increase
in the enrollment of students in the district and (B) the
repairing and equipping of the Prairie Hill Elementary
School building is required because of the age of that
school building.
(iii) The bonds are issued, in one or more bond
issuances, on or before December 31, 2011, but the
aggregate principal amount issued in all such bond
issuances combined must not exceed $13,900,000.
(iv) The bonds are issued in accordance with this
Article.
(v) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on April 17, 2007.
The debt incurred on any bonds issued under this subsection
(p-35) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-40) In addition to all other authority to issue bonds,

SB3733 Enrolled - 906 - LRB096 19592 AMC 34984 b
Mascoutah Community Unit District 19 may issue bonds with an
aggregate principal amount not to exceed $55,000,000, but only
if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at a regular election held on or
after November 4, 2008.
(2) At the time of the sale of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new high school building is required as a
result of a projected increase in the enrollment of
students in the district and the age and condition of the
existing high school building, (ii) the existing high
school building will be demolished, and (iii) the sale of
bonds is authorized by statute that exempts the debt
incurred on the bonds from the district's statutory debt
limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before December 31, 2011, but the
aggregate principal amount issued in all such bond
issuances combined must not exceed $55,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at a regular
election held on or after November 4, 2008.
The debt incurred on any bonds issued under this subsection

SB3733 Enrolled - 907 - LRB096 19592 AMC 34984 b
(p-40) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-45) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds issued pursuant to
Section 19-3.5 of this Code shall not be considered
indebtedness for purposes of any statutory limitation if the
bonds are issued in an amount or amounts, including existing
indebtedness of the school district, not in excess of 18.5% of
the value of the taxable property in the district to be
ascertained by the last assessment for State and county taxes.
(p-50) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds issued pursuant to
Section 19-3.10 of this Code shall not be considered
indebtedness for purposes of any statutory limitation if the
bonds are issued in an amount or amounts, including existing
indebtedness of the school district, not in excess of 43% of
the value of the taxable property in the district to be
ascertained by the last assessment for State and county taxes.
(p-55) (p-45) In addition to all other authority to issue
bonds, Belle Valley School District 119 may issue bonds with an
aggregate principal amount not to exceed $47,500,000, but only
if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after April
7, 2009.
(2) Prior to the issuance of the bonds, the school

SB3733 Enrolled - 908 - LRB096 19592 AMC 34984 b
board determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of mine subsidence in an existing school building and
because of the age and condition of another existing school
building and (ii) the issuance of bonds is authorized by
statute that exempts the debt incurred on the bonds from
the district's statutory debt limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before March 31, 2014, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $47,500,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after April 7, 2009.
The debt incurred on any bonds issued under this subsection
(p-55) (p-45) shall not be considered indebtedness for purposes
of any statutory debt limitation. Bonds issued under this
subsection (p-55) (p-45) must mature within not to exceed 30
years from their date, notwithstanding any other law to the
contrary.
(q) A school district must notify the State Board of
Education prior to issuing any form of long-term or short-term
debt that will result in outstanding debt that exceeds 75% of
the debt limit specified in this Section or any other provision

SB3733 Enrolled - 909 - LRB096 19592 AMC 34984 b
of law.
(Source: P.A. 95-331, eff. 8-21-07; 95-594, eff. 9-10-07;
95-792, eff. 1-1-09; 96-63, eff. 7-23-09; 96-273, eff. 8-11-09;
96-517, eff. 8-14-09; revised 9-15-09.)
(105 ILCS 5/22-50)
Sec. 22-50. Twice-exceptional children; recommendations.
The State Advisory Council on the Education of Children with
Disabilities and the Advisory Council on the Education of
Gifted and Talented Children shall research and discuss best
practices for addressing the needs of "twice-exceptional"
children, those who are gifted and talented and have a
disability. The Councils shall then jointly make
recommendations to the State Board of Education with respect to
the State Board of Education providing guidance and technical
assistance to school districts in furthering improved
educational outcomes for gifted and twice-exceptional
children. Recommendations shall include strategies to (i)
educate teachers and other providers about the unique needs of
this population, (ii) train teachers in target,
research-based, identification and pedagogical methods, and
(iii) establish guidelines for unique programming for
twice-exceptional students.
(Source: P.A. 96-382, eff. 8-13-09.)
(105 ILCS 5/22-55)

SB3733 Enrolled - 910 - LRB096 19592 AMC 34984 b
Sec. 22-55 22-50. Illinois Accessibility Task Force.
(a) The Illinois Accessibility Task Force is created to
recommend any necessary revisions to the Illinois
Accessibility Code (71 Ill. Adm. Code 400) to comply with the
federal Americans with Disabilities Act of 1990 with respect to
public school property.
(b) The task force shall consist of the following members:
(1) One member appointed by the President of the
Senate.
(2) One member appointed by the Minority Leader of the
Senate.
(3) One member appointed by the Speaker of the House of
Representatives.
(4) One member appointed by the Minority Leader of the
House of Representatives.
(5) The Executive Director of the Capital Development
Board or his or her designee.
(6) The Attorney General or his or her designee.
(7) A representative of a statewide association
representing school boards appointed by the Executive
Director of the Capital Development Board.
(8) A representative of a statewide association
representing regional superintendents of schools appointed
by the Executive Director of the Capital Development Board.
(9) A representative of a statewide coalition of
citizens with disabilities appointed by the Executive

SB3733 Enrolled - 911 - LRB096 19592 AMC 34984 b
Director of the Capital Development Board.
(c) The Capital Development Board shall provide
administrative and other support to the task force.
(d) The task force shall report its recommendations to the
Capital Development Board and the General Assembly, and upon
reporting its recommendations the task force is dissolved.
(Source: P.A. 96-674, eff. 8-25-09; revised 9-25-09.)
(105 ILCS 5/24-6)
Sec. 24-6. Sick leave. The school boards of all school
districts, including special charter districts, but not
including school districts in municipalities of 500,000 or
more, shall grant their full-time teachers, and also shall
grant such of their other employees as are eligible to
participate in the Illinois Municipal Retirement Fund under the
"600-Hour Standard" established, or under such other
eligibility participation standard as may from time to time be
established, by rules and regulations now or hereafter
promulgated by the Board of that Fund under Section 7-198 of
the Illinois Pension Code, as now or hereafter amended, sick
leave provisions not less in amount than 10 days at full pay in
each school year. If any such teacher or employee does not use
the full amount of annual leave thus allowed, the unused amount
shall be allowed to accumulate to a minimum available leave of
180 days at full pay, including the leave of the current year.
Sick leave shall be interpreted to mean personal illness,

SB3733 Enrolled - 912 - LRB096 19592 AMC 34984 b
quarantine at home, serious illness or death in the immediate
family or household, or birth, adoption, or placement for
adoption. The school board may require a certificate from a
physician licensed in Illinois to practice medicine and surgery
in all its branches, a chiropractic physician licensed under
the Medical Practice Act of 1987, an advanced practice nurse
who has a written collaborative agreement with a collaborating
physician that authorizes the advanced practice nurse to
perform health examinations, a physician assistant who has been
delegated the authority to perform health examinations by his
or her supervising physician, or, if the treatment is by prayer
or spiritual means, a spiritual adviser or practitioner of the
teacher's or employee's faith as a basis for pay during leave
after an absence of 3 days for personal illness or 30 days for
birth or as the school board may deem necessary in other cases.
If the school board does require a certificate as a basis for
pay during leave of less than 3 days for personal illness, the
school board shall pay, from school funds, the expenses
incurred by the teachers or other employees in obtaining the
certificate. For paid leave for adoption or placement for
adoption, the school board may require that the teacher or
other employee provide evidence that the formal adoption
process is underway, and such leave is limited to 30 days
unless a longer leave has been negotiated with the exclusive
bargaining representative.
If, by reason of any change in the boundaries of school

SB3733 Enrolled - 913 - LRB096 19592 AMC 34984 b
districts, or by reason of the creation of a new school
district, the employment of a teacher is transferred to a new
or different board, the accumulated sick leave of such teacher
is not thereby lost, but is transferred to such new or
different district.
For purposes of this Section, "immediate family" shall
include parents, spouse, brothers, sisters, children,
grandparents, grandchildren, parents-in-law, brothers-in-law,
sisters-in-law, and legal guardians.
(Source: P.A. 95-151, eff. 8-14-07; 96-51, eff. 7-23-09;
96-367, eff. 8-13-09; revised 11-3-09.)
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on the effective date of this amendatory Act of the 93rd
General Assembly, in all new applications submitted to the
State Board or a local school board to establish a charter
school in a city having a population exceeding 500,000,

SB3733 Enrolled - 914 - LRB096 19592 AMC 34984 b
operation of the charter school shall be limited to one campus.
The changes made to this Section by this amendatory Act of the
93rd General Assembly do not apply to charter schools existing
or approved on or before the effective date of this amendatory
Act.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act.
(d) A charter school shall comply with all applicable
health and safety requirements applicable to public schools
under the laws of the State of Illinois.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. Annually, by December 1, every charter school must
submit to the State Board a copy of its audit and a copy of the
Form 990 the charter school filed that year with the federal
Internal Revenue Service.

SB3733 Enrolled - 915 - LRB096 19592 AMC 34984 b
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, and
its charter. A charter school is exempt from all other State
laws and regulations in the School Code governing public
schools and local school board policies, except the following:
(1) Sections 10-21.9 and 34-18.5 of the School Code
regarding criminal history records checks and checks of the
Statewide Sex Offender Database and Statewide Child
Murderer and Violent Offender Against Youth Database of
applicants for employment;
(2) Sections 24-24 and 34-84A of the School Code
regarding discipline of students;
(3) The Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) The Abused and Neglected Child Reporting Act;
(6) The Illinois School Student Records Act;
(7) Section 10-17a of the School Code regarding school
report cards; and
(8) The P-20 Longitudinal Education Data System Act.
The change made by Public Act 96-104 this amendatory Act of
the 96th General Assembly to this subsection (g) is declaratory
of existing law.
(h) A charter school may negotiate and contract with a

SB3733 Enrolled - 916 - LRB096 19592 AMC 34984 b
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after the
effective date of this amendatory Act of the 93rd General
Assembly and that operates in a city having a population
exceeding 500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences
on the effective date of this amendatory Act of the 93rd
General Assembly and concludes at the end of the 2004-2005
school year. Except as provided in subsection (i) of this
Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established

SB3733 Enrolled - 917 - LRB096 19592 AMC 34984 b
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.
(Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09;
96-107, eff. 7-30-09; 96-734, eff. 8-25-09; revised 9-15-09.)
(105 ILCS 5/27A-8)
Sec. 27A-8. Evaluation of charter proposals.
(a) This Section does not apply to a charter school
established by referendum under Section 27A-6.5. In evaluating
any charter school proposal submitted to it, the local school
board shall give preference to proposals that:
(1) demonstrate a high level of local pupil, parental,
community, business, and school personnel support;
(2) set rigorous levels of expected pupil achievement
and demonstrate feasible plans for attaining those levels
of achievement; and
(3) are designed to enroll and serve a substantial
proportion of at-risk children; provided that nothing in

SB3733 Enrolled - 918 - LRB096 19592 AMC 34984 b
the Charter Schools Law shall be construed as intended to
limit the establishment of charter schools to those that
serve a substantial portion of at-risk children or to in
any manner restrict, limit, or discourage the
establishment of charter schools that enroll and serve
other pupil populations under a nonexclusive,
nondiscriminatory admissions policy.
(b) In the case of a proposal to establish a charter school
by converting an existing public school or attendance center to
charter school status, evidence that the proposed formation of
the charter school has received majority support from certified
teachers and from parents and guardians in the school or
attendance center affected by the proposed charter, and, if
applicable, from a local school council, shall be demonstrated
by a petition in support of the charter school signed by
certified teachers and a petition in support of the charter
school signed by parents and guardians and, if applicable, by a
vote of the local school council held at a public meeting. In
the case of all other proposals to establish a charter school,
evidence of sufficient support to fill the number of pupil
seats set forth in the proposal may be demonstrated by a
petition in support of the charter school signed by parents and
guardians of students eligible to attend the charter school. In
all cases, the individuals, organizations, or entities who
initiate the proposal to establish a charter school may elect,
in lieu of including any petition referred to in this

SB3733 Enrolled - 919 - LRB096 19592 AMC 34984 b
subsection as a part of the proposal submitted to the local
school board, to demonstrate that the charter school has
received the support referred to in this subsection by other
evidence and information presented at the public meeting that
the local school board is required to convene under this
Section.
(c) Within 45 days of receipt of a charter school proposal,
the local school board shall convene a public meeting to obtain
information to assist the board in its decision to grant or
deny the charter school proposal.
(d) Notice of the public meeting required by this Section
shall be published in a community newspaper published in the
school district in which the proposed charter is located and,
if there is no such newspaper, then in a newspaper published in
the county and having circulation in the school district. The
notices shall be published not more than 10 days nor less than
5 days before the meeting and shall state that information
regarding a charter school proposal will be heard at the
meeting. Copies of the notice shall also be posted at
appropriate locations in the school or attendance center
proposed to be established as a charter school, the public
schools in the school district, and the local school board
office.
(e) Within 30 days of the public meeting, the local school
board shall vote, in a public meeting, to either grant or deny
the charter school proposal.

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(f) Within 7 days of the public meeting required under
subsection (e), the local school board shall file a report with
the State Board granting or denying the proposal. Within 30
days of receipt of the local school board's report, the State
Board shall determine whether the approved charter proposal is
consistent with the provisions of this Article and, if the
approved proposal complies, certify the proposal pursuant to
Section 27A-6; provided that for any charter proposal submitted
to the State Board within one year after July 30, 2009 (the
effective date of Public Act 96-105) this amendatory Act of the
96th General Assembly, the State Board shall have 60 days from
receipt to determine such consistency and certify the proposal.
(Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09;
revised 9-15-09.)
(105 ILCS 5/34-18.37)
Sec. 34-18.37. Veterans' Day; moment of silence. If a
school holds any type of event at the school on November 11,
Veterans' Day, the board shall require a moment of silence at
that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09.)
(105 ILCS 5/34-18.38)
Sec. 34-18.38 34-18.37. Administrator and teacher salary
and benefits; report. The board shall report to the State Board
of Education, on or before July 1 of each year, the base salary

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and benefits of the general superintendent of schools or chief
executive officer and all administrators and teachers employed
by the school district. For the purposes of this Section,
"benefits" includes without limitation vacation days, sick
days, bonuses, annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; revised 9-25-09.)
(105 ILCS 5/34-18.39)
Sec. 34-18.39 34-18.37. Radon testing.
(a) It is recommended that every occupied school building
of the school district be tested every 5 years for radon
pursuant to rules established by the Illinois Emergency
Management Agency (IEMA).
(b) It is recommended that new schools of the school
district be built using radon resistant new construction
techniques, as shown in the United States Environmental
Protection Agency document, Radon Prevention in the Design and
Construction of Schools and Other Large Buildings.
(c) The school district may maintain, make available for
review, and notify parents and faculty of test results under
this Section. The district shall report radon test results to
the State Board of Education, which shall prepare a report
every 2 years of the results from all schools that have
performed tests, to be submitted to the General Assembly and
the Governor.
(d) If IEMA exempts an individual from being required to be

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a licensed radon professional, the individual does not need to
be a licensed radon professional in order to perform screening
tests under this Section. The school district may elect to have
one or more employees from the district attend an
IEMA-approved, Internet-based training course on school
testing in order to receive an exemption to conduct testing in
the school district. These school district employees must
perform the measurements in accordance with procedures
approved by IEMA. If an exemption from IEMA is not received,
the school district must use a licensed radon professional to
conduct measurements.
(e) If the results of a radon screening test under this
Section are found to be 4.0 pCi/L or above, the school district
may hire a licensed radon professional to perform measurements
before any mitigation decisions are made. If radon levels of
4.0 pCi/L or above are found, it is recommended that affected
areas be mitigated by a licensed radon mitigation professional
with respect to both design and installation. IEMA may provide
the school district with a list of licensed radon mitigation
professionals.
(f) A screening test under this Section may be done with a
test kit found in a hardware store, department store, or home
improvement store or with a kit ordered through the mail or
over the Internet. However, the kit must be provided by a
laboratory licensed in accordance with the Radon Industry
Licensing Act.

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(Source: P.A. 96-417, eff. 1-1-10; revised 9-25-09.)
(105 ILCS 5/34-18.40)
Sec. 34-18.40 34-18.37. Compliance with Chemical Safety
Acts. The Board of Education must adopt a procedure to comply
with the requirements of the Lawn Care Products Application and
Notice Act and the Structural Pest Control Act. The
superintendent must designate a staff person who is responsible
for compliance with the requirements of these Acts.
(Source: P.A. 96-424, eff. 8-13-09; revised 9-25-09.)
(105 ILCS 5/34-18.41)
Sec. 34-18.41 34-18.37. Salary compensation report. On or
before October 1 of each year, the school district shall post
on its Internet website an itemized salary compensation report
for every employee in the district holding an administrative
certificate and working in that capacity, including the general
superintendent of schools. The salary compensation report
shall include without limitation base salary, bonuses, pension
contributions, retirement increases, the cost of health
insurance, the cost of life insurance, paid sick and vacation
day payouts, annuities, and any other form of compensation or
income paid on behalf of the employee.
This report shall be presented at a regular board meeting,
subject to applicable notice requirements. In addition, the
board shall make copies of the completed report available to

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any individual requesting them.
Per Section 10-20.40 of this Code, as added by Public Act
95-707, the school district must post the contract that the
board enters into with an exclusive bargaining representative.
The board must provide the terms of that contract online.
(Source: P.A. 96-434, eff. 8-13-09; revised 9-25-09.)
(105 ILCS 5/34-18.42)
Sec. 34-18.42 34-18.37. Press boxes; accessibility. The
board does not have to comply with the Illinois Accessibility
Code (71 Ill. Adm. Code 400) with respect to accessibility to
press boxes that are on school property if the press boxes were
constructed before the effective date of this amendatory Act of
the 96th General Assembly.
(Source: P.A. 96-674, eff. 8-25-09; revised 9-25-09.)
Section 265. The Illinois School Student Records Act is
amended by changing Section 6 as follows:
(105 ILCS 10/6) (from Ch. 122, par. 50-6)
Sec. 6. (a) No school student records or information
contained therein may be released, transferred, disclosed or
otherwise disseminated, except as follows:
(1) To a parent or student or person specifically
designated as a representative by a parent, as provided in
paragraph (a) of Section 5;

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(2) To an employee or official of the school or school
district or State Board with current demonstrable
educational or administrative interest in the student, in
furtherance of such interest;
(3) To the official records custodian of another school
within Illinois or an official with similar
responsibilities of a school outside Illinois, in which the
student has enrolled, or intends to enroll, upon the
request of such official or student;
(4) To any person for the purpose of research,
statistical reporting, or planning, provided that such
research, statistical reporting, or planning is
permissible under and undertaken in accordance with the
federal Family Educational Rights and Privacy Act (20
U.S.C. 1232g);
(5) Pursuant to a court order, provided that the parent
shall be given prompt written notice upon receipt of such
order of the terms of the order, the nature and substance
of the information proposed to be released in compliance
with such order and an opportunity to inspect and copy the
school student records and to challenge their contents
pursuant to Section 7;
(6) To any person as specifically required by State or
federal law;
(6.5) To juvenile authorities when necessary for the
discharge of their official duties who request information

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prior to adjudication of the student and who certify in
writing that the information will not be disclosed to any
other party except as provided under law or order of court.
For purposes of this Section "juvenile authorities" means:
(i) a judge of the circuit court and members of the staff
of the court designated by the judge; (ii) parties to the
proceedings under the Juvenile Court Act of 1987 and their
attorneys; (iii) probation officers and court appointed
advocates for the juvenile authorized by the judge hearing
the case; (iv) any individual, public or private agency
having custody of the child pursuant to court order; (v)
any individual, public or private agency providing
education, medical or mental health service to the child
when the requested information is needed to determine the
appropriate service or treatment for the minor; (vi) any
potential placement provider when such release is
authorized by the court for the limited purpose of
determining the appropriateness of the potential
placement; (vii) law enforcement officers and prosecutors;
(viii) adult and juvenile prisoner review boards; (ix)
authorized military personnel; (x) individuals authorized
by court;
(7) Subject to regulations of the State Board, in
connection with an emergency, to appropriate persons if the
knowledge of such information is necessary to protect the
health or safety of the student or other persons;

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(8) To any person, with the prior specific dated
written consent of the parent designating the person to
whom the records may be released, provided that at the time
any such consent is requested or obtained, the parent shall
be advised in writing that he has the right to inspect and
copy such records in accordance with Section 5, to
challenge their contents in accordance with Section 7 and
to limit any such consent to designated records or
designated portions of the information contained therein;
(9) To a governmental agency, or social service agency
contracted by a governmental agency, in furtherance of an
investigation of a student's school attendance pursuant to
the compulsory student attendance laws of this State,
provided that the records are released to the employee or
agent designated by the agency;
(10) To those SHOCAP committee members who fall within
the meaning of "state and local officials and authorities",
as those terms are used within the meaning of the federal
Family Educational Rights and Privacy Act, for the purposes
of identifying serious habitual juvenile offenders and
matching those offenders with community resources pursuant
to Section 5-145 of the Juvenile Court Act of 1987, but
only to the extent that the release, transfer, disclosure,
or dissemination is consistent with the Family Educational
Rights and Privacy Act; or
(11) To the Department of Healthcare and Family

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Services in furtherance of the requirements of Section
2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
Section 10 of the School Breakfast and Lunch Program Act;
or .
(12) To the State Board or another State government
agency or between or among State government agencies in
order to evaluate or audit federal and State programs or
perform research and planning, but only to the extent that
the release, transfer, disclosure, or dissemination is
consistent with the federal Family Educational Rights and
Privacy Act (20 U.S.C. 1232g).
(b) No information may be released pursuant to
subparagraphs (3) or (6) of paragraph (a) of this Section 6
unless the parent receives prior written notice of the nature
and substance of the information proposed to be released, and
an opportunity to inspect and copy such records in accordance
with Section 5 and to challenge their contents in accordance
with Section 7. Provided, however, that such notice shall be
sufficient if published in a local newspaper of general
circulation or other publication directed generally to the
parents involved where the proposed release of information is
pursuant to subparagraph 6 of paragraph (a) in this Section 6
and relates to more than 25 students.
(c) A record of any release of information pursuant to this
Section must be made and kept as a part of the school student
record and subject to the access granted by Section 5. Such

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record of release shall be maintained for the life of the
school student records and shall be available only to the
parent and the official records custodian. Each record of
release shall also include:
(1) The nature and substance of the information
released;
(2) The name and signature of the official records
custodian releasing such information;
(3) The name of the person requesting such information,
the capacity in which such a request has been made, and the
purpose of such request;
(4) The date of the release; and
(5) A copy of any consent to such release.
(d) Except for the student and his parents, no person to
whom information is released pursuant to this Section and no
person specifically designated as a representative by a parent
may permit any other person to have access to such information
without a prior consent of the parent obtained in accordance
with the requirements of subparagraph (8) of paragraph (a) of
this Section.
(e) Nothing contained in this Act shall prohibit the
publication of student directories which list student names,
addresses and other identifying information and similar
publications which comply with regulations issued by the State
Board.
(Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09;

SB3733 Enrolled - 930 - LRB096 19592 AMC 34984 b
96-107, eff. 7-30-09; revised 11-3-09.)
Section 270. The Interscholastic Athletic Organization Act
is amended by setting forth and renumbering multiple versions
of Section 1.5 as follows:
(105 ILCS 25/1.5)
Sec. 1.5. Cancer screening. An association or other entity
that has as one of its purposes promoting, sponsoring,
regulating, or in any manner providing for interscholastic
athletics or any form of athletic competition among schools and
students within this State shall include a question asking
whether a student has a family history of cancer on any
pre-participation examination form given to students
participating or seeking to participate in interscholastic
athletics. The association or entity may require that a
testicular examination be conducted as a part of any physical
required for a male student's participation in interscholastic
athletics.
(Source: P.A. 96-128, eff. 1-1-10.)
(105 ILCS 25/2)
(Section scheduled to be repealed on July 1, 2011)
Sec. 2 1.5. Prevention of use of performance-enhancing
substances in interscholastic athletics; random testing of
interscholastic athletes.

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(a) In this Section, "association" means the Illinois High
School Association.
(b) The association shall prohibit a student from
participating in an athletic competition sponsored or
sanctioned by the association unless the following conditions
are met:
(1) the student agrees not to use any
performance-enhancing substances on the association's most
current banned drug classes list, and, if the student is
enrolled in high school, the student submits to random
testing for the presence of these substances in the
student's body, in accordance with the program established
under subsection (d) of this Section; and
(2) the association obtains from the student's parent a
statement signed by the parent and acknowledging the
following:
(A) that the parent's child, if enrolled in high
school, may be subject to random performance-enhancing
substance testing;
(B) that State law prohibits possessing,
dispensing, delivering, or administering a
performance-enhancing substance in a manner not
allowed by State law;
(C) that State law provides that bodybuilding,
muscle enhancement, or the increase of muscle bulk or
strength through the use of a performance-enhancing

SB3733 Enrolled - 932 - LRB096 19592 AMC 34984 b
substance by a person who is in good health is not a
valid medical purpose;
(D) that only a licensed practitioner with
prescriptive authority may prescribe a
performance-enhancing substance for a person; and
(E) that a violation of State law concerning
performance-enhancing substances is a criminal offense
punishable by confinement in jail or imprisonment.
(c) The association shall require that each athletic coach
for an extracurricular athletic activity sponsored or
sanctioned by the association at or above the 9th grade level
complete an educational program on the prevention of abuse of
performance-enhancing substances developed by the association.
The association shall also require the person to complete an
exam developed by the association showing a minimum proficiency
of understanding in methods to prevent the abuse of
performance-enhancing substances by students.
(d) The Department of Public Health shall provide oversight
of the annual administration of a performance-enhancing
substance testing program by the association under which high
school students participating in an athletic competition
sponsored or sanctioned by the association are tested at
multiple times throughout the athletic season for the presence
of performance-enhancing substances on the association's most
current banned drug classes list in the students' bodies. The
association may alter its current performance-enhancing

SB3733 Enrolled - 933 - LRB096 19592 AMC 34984 b
substance testing program to comply with this subsection (d).
The testing program must do the following:
(1) require the random testing of at least 1,000 high
school students in this State who participate in athletic
competitions sponsored or sanctioned by the association;
(2) provide for the selection of specific students
described in subdivision (1) of this subsection (d) for
testing through a process that randomly selects students
from a single pool consisting of all students who
participate in any activity for which the association
sponsors or sanctions athletic competitions;
(3) be administered at approximately 25% of the high
schools in this State that participate in athletic
competitions sponsored or sanctioned by the association;
(4) provide for a process for confirming any initial
positive test result through a subsequent test conducted as
soon as practicable after the initial test, using a sample
that was obtained at the same time as the sample used for
the initial test;
(5) require the testing to be performed only by a
performance-enhancing substance testing laboratory with
current certification from the Substance Abuse and Mental
Health Services Administration of the United States
Department of Health and Human Services, the World
Anti-Doping Agency, or another appropriate national or
international-certifying organization; the testing

SB3733 Enrolled - 934 - LRB096 19592 AMC 34984 b
laboratory must be chosen following State procurement
procedures;
(6) require that a trained observer, of the appropriate
sex, witness the student provide the test sample;
(7) require that the student be chaperoned by a
school-designated official from the time he or she is
notified of the test until he or she has completed
delivering the test sample;
(8) provide for a period of ineligibility from
participation in an athletic competition sponsored or
sanctioned by the association for any student with a
confirmed positive test result or any student who refuses
to submit to random testing;
(9) provide for a school or team penalty on a
case-by-case basis, to be determined by the contribution of
a student with a confirmed positive test result to the team
or the school's lack of enforcement of the rules of the
testing program or both;
(10) provide for a penalty for any coach who knowingly
violates the rules of the testing program; and
(11) require that coaches be responsible for providing
a copy of the association's most current banned drug
classes list to every high school student participating in
an athletic competition sponsored or sanctioned by the
association.
The Department of Public Health may adopt rules for the

SB3733 Enrolled - 935 - LRB096 19592 AMC 34984 b
administration of this Section.
(e) Results of a performance-enhancing substance test
conducted under subsection (d) of this Section are confidential
and, unless required by court order, may be disclosed only to
the student and the student's parent and the activity
directors, principal, and assistant principals of the school
attended by the student.
(f) The Performance-enhancing Substance Testing Fund is
created as a special fund in the State treasury. All money in
the Fund shall be used, subject to appropriation, by the
Department of Public Health to distribute as grants to pay the
costs of the performance-enhancing substance testing program
established under subsection (d) of this Section. The General
Assembly may appropriate additional funding for the testing
program, to be distributed as grants through the Department of
Public Health.
(g) Subdivision (1) of subsection (b) of this Section does
not apply to the use by a student of a performance-enhancing
substance that is dispensed, prescribed, delivered, or
administered by a medical practitioner for a valid medical
purpose and in the course of professional practice, and the
student is not subject to a period of ineligibility under
subdivision (8) of subsection (d) of this Section on the basis
of that use as long as the student's coach has provided the
student with a copy of the association's most current banned
drug classes list, the student has consulted with his or her

SB3733 Enrolled - 936 - LRB096 19592 AMC 34984 b
medical practitioner to confirm the valid use of the substance,
and the student has notified his or her coach or a school
administrator of a prescription for the use of the substance
for valid medical purposes. Students that are prescribed such a
substance, after receiving a copy of the association's most
current banned drug classes list, are required to provide
notice of that prescription at the time the prescription is
issued. Any information concerning a student's use of a
performance-enhancing substance obtained by a coach or school
administrator under this subsection (g) is confidential and may
be disclosed only to those persons necessary to the
determination of eligibility under this subsection (g).
(h) Neither the association nor any of its directors or
employees shall be liable and no cause of action may be brought
against the association or any of its directors or employees
for damages in connection with the performance of the
association's responsibilities under this Section, unless an
act or omission involved willful or wanton conduct.
(i) This Section is repealed on July 1, 2011.
(Source: P.A. 96-132, eff. 8-7-09; revised 10-16-09.)
Section 275. The Asbestos Abatement Act is amended by
changing Section 6 as follows:
(105 ILCS 105/6) (from Ch. 122, par. 1406)
Sec. 6. Powers and duties of the Department.

SB3733 Enrolled - 937 - LRB096 19592 AMC 34984 b
(a) The Department is empowered to promulgate any rules
necessary to ensure proper implementation and administration
of this Act and of the federal Asbestos Hazard Emergency
Response Act of 1986, and the regulations promulgated
thereunder.
(b) Rules promulgated by the Department shall include, but
not be limited to:
(1) all rules necessary to achieve compliance with the
federal Asbestos Hazard Emergency Response Act of 1986 and
the regulations promulgated thereunder;
(2) rules providing for the training and licensing of
persons and firms to perform asbestos inspection and air
sampling; to perform abatement work; and to serve as
asbestos abatement contractors, management, planners,
project designers, project supervisors, project managers
and asbestos workers for public and private secondary and
elementary schools; and any necessary rules relating to the
correct and safe performance of those tasks; and
(3) rules for the development and submission of
asbestos management plans by local educational agencies,
and for review and approval of such plans by the
Department.
(c) In carrying out its responsibilities under this Act,
the Department shall:
(1) publish a list of persons and firms licensed
pursuant to this Act, except that the Department shall not

SB3733 Enrolled - 938 - LRB096 19592 AMC 34984 b
be required to publish a list of licensed asbestos workers;
and
(2) require each local educational agency to maintain
records of asbestos-related activities, which shall be
made available to the Department upon request; and .
(3) adopt (d) Adopt rules for the collection of fees
for training course approval; and for licensing of
inspectors, management planners, project designers,
contractors, supervisors, air sampling professionals,
project managers and workers.
(Source: P.A. 96-537, eff. 8-14-09; revised 11-3-09.)
Section 280. The Critical Health Problems and
Comprehensive Health Education Act is amended by changing
Section 3 as follows:
(105 ILCS 110/3)
Sec. 3. Comprehensive Health Education Program. The
program established under this Act shall include, but not be
limited to, the following major educational areas as a basis
for curricula in all elementary and secondary schools in this
State: human ecology and health, human growth and development,
the emotional, psychological, physiological, hygienic and
social responsibilities of family life, including sexual
abstinence until marriage, prevention and control of disease,
including instruction in grades 6 through 12 on the prevention,

SB3733 Enrolled - 939 - LRB096 19592 AMC 34984 b
transmission and spread of AIDS, sexual assault awareness in
secondary schools, public and environmental health, consumer
health, safety education and disaster survival, mental health
and illness, personal health habits, alcohol, drug use, and
abuse including the medical and legal ramifications of alcohol,
drug, and tobacco use, abuse during pregnancy, sexual
abstinence until marriage, tobacco, nutrition, and dental
health. The program shall also provide course material and
instruction to advise pupils of the Abandoned Newborn Infant
Protection Act. The program shall include information about
cancer, including without limitation types of cancer, signs and
symptoms, risk factors, the importance of early prevention and
detection, and information on where to go for help.
Notwithstanding the above educational areas, the following
areas may also be included as a basis for curricula in all
elementary and secondary schools in this State: basic first aid
(including, but not limited to, cardiopulmonary resuscitation
and the Heimlich maneuver), heart disease, diabetes, stroke,
the prevention of child abuse, neglect, and suicide, and teen
dating violence in grades 8 through 12.
The school board of each public elementary and secondary
school in the State shall encourage all teachers and other
school personnel to acquire, develop, and maintain the
knowledge and skills necessary to properly administer
life-saving techniques, including without limitation the
Heimlich maneuver and rescue breathing. The training shall be

SB3733 Enrolled - 940 - LRB096 19592 AMC 34984 b
in accordance with standards of the American Red Cross, the
American Heart Association, or another nationally recognized
certifying organization. A school board may use the services of
non-governmental entities whose personnel have expertise in
life-saving techniques to instruct teachers and other school
personnel in these techniques. Each school board is encouraged
to have in its employ, or on its volunteer staff, at least one
person who is certified, by the American Red Cross or by
another qualified certifying agency, as qualified to
administer first aid and cardiopulmonary resuscitation. In
addition, each school board is authorized to allocate
appropriate portions of its institute or inservice days to
conduct training programs for teachers and other school
personnel who have expressed an interest in becoming qualified
to administer emergency first aid or cardiopulmonary
resuscitation. School boards are urged to encourage their
teachers and other school personnel who coach school athletic
programs and other extracurricular school activities to
acquire, develop, and maintain the knowledge and skills
necessary to properly administer first aid and cardiopulmonary
resuscitation in accordance with standards and requirements
established by the American Red Cross or another qualified
certifying agency. Subject to appropriation, the State Board of
Education shall establish and administer a matching grant
program to pay for half of the cost that a school district
incurs in training those teachers and other school personnel

SB3733 Enrolled - 941 - LRB096 19592 AMC 34984 b
who express an interest in becoming qualified to administer
cardiopulmonary resuscitation (which training must be in
accordance with standards of the American Red Cross, the
American Heart Association, or another nationally recognized
certifying organization) or in learning how to use an automated
external defibrillator. A school district that applies for a
grant must demonstrate that it has funds to pay half of the
cost of the training for which matching grant money is sought.
The State Board of Education shall award the grants on a
first-come, first-serve basis.
No pupil shall be required to take or participate in any
class or course on AIDS or family life instruction if his
parent or guardian submits written objection thereto, and
refusal to take or participate in the course or program shall
not be reason for suspension or expulsion of the pupil.
Curricula developed under programs established in
accordance with this Act in the major educational area of
alcohol and drug use and abuse shall include classroom
instruction in grades 5 through 12. The instruction, which
shall include matters relating to both the physical and legal
effects and ramifications of drug and substance abuse, shall be
integrated into existing curricula; and the State Board of
Education shall develop and make available to all elementary
and secondary schools in this State instructional materials and
guidelines which will assist the schools in incorporating the
instruction into their existing curricula. In addition, school

SB3733 Enrolled - 942 - LRB096 19592 AMC 34984 b
districts may offer, as part of existing curricula during the
school day or as part of an after school program, support
services and instruction for pupils or pupils whose parent,
parents, or guardians are chemically dependent.
(Source: P.A. 95-43, eff. 1-1-08; 95-764, eff. 1-1-09; 96-128,
eff. 1-1-10; 96-328, eff. 8-11-09; 96-383, eff. 1-1-10; revised
9-25-09.)
Section 285. The School Construction Law is amended by
changing Sections 5-25 and 5-30 as follows:
(105 ILCS 230/5-25)
Sec. 5-25. Eligibility and project standards.
(a) The State Board of Education shall establish
eligibility standards for school construction project grants
and debt service grants. These standards shall include minimum
enrollment requirements for eligibility for school
construction project grants of 200 students for elementary
districts, 200 students for high school districts, and 400
students for unit districts. The State Board of Education shall
approve a district's eligibility for a school construction
project grant or a debt service grant pursuant to the
established standards.
For purposes only of determining a Type 40 area vocational
center's eligibility for an entity included in a school
construction project grant or a school maintenance project

SB3733 Enrolled - 943 - LRB096 19592 AMC 34984 b
grant, an area vocational center shall be deemed eligible if
one or more of its member school districts satisfy the grant
index criteria set forth in this Law. A Type 40 area vocational
center that makes application for school construction funds
after August 25, 2009 (the effective date of Public Act 96-731)
this amendatory Act of the 96th General Assembly shall be
placed on the respective application cycle list. Type 40 area
vocational centers must be placed last on the priority listing
of eligible entities for the applicable fiscal year.
(b) The Capital Development Board shall establish project
standards for all school construction project grants provided
pursuant to this Article. These standards shall include space
and capacity standards as well as the determination of
recognized project costs that shall be eligible for State
financial assistance and enrichment costs that shall not be
eligible for State financial assistance.
(c) The State Board of Education and the Capital
Development Board shall not establish standards that
disapprove or otherwise establish limitations that restrict
the eligibility of (i) a school district with a population
exceeding 500,000 for a school construction project grant based
on the fact that any or all of the school construction project
grant will be used to pay debt service or to make lease
payments, as authorized by subsection (b) of Section 5-35 of
this Law, or (ii) a school district located in whole or in part
in a county that imposes a tax for school facility purposes

SB3733 Enrolled - 944 - LRB096 19592 AMC 34984 b
pursuant to Section 5-1006.7 of the Counties Code.
(Source: P.A. 96-37, eff. 7-13-09; 96-731, eff. 8-25-09;
revised 9-15-09.)
(105 ILCS 230/5-30)
Sec. 5-30. Priority of school construction projects. The
State Board of Education shall develop standards for the
determination of priority needs concerning school construction
projects based upon approved district facilities plans. Such
standards shall call for prioritization based on the degree of
need and project type in the following order:
(1) Replacement or reconstruction of school buildings
destroyed or damaged by flood, tornado, fire, earthquake,
mine subsidence, or other disasters, either man-made or
produced by nature;
(2) Projects designed to alleviate a shortage of
classrooms due to population growth or to replace aging
school buildings;
(3) Projects resulting from interdistrict
reorganization of school districts contingent on local
referenda;
(4) Replacement or reconstruction of school facilities
determined to be severe and continuing health or life
safety hazards;
(5) Alterations necessary to provide accessibility for
qualified individuals with disabilities; and

SB3733 Enrolled - 945 - LRB096 19592 AMC 34984 b
(6) Other unique solutions to facility needs.
Except for those changes absolutely necessary to comply with
the changes made to subsection (c) of Section 5-25 of this Law
by Public Act 96-37 this amendatory Act of the 96th General
Assembly, the State Board of Education may not make any
material changes to the standards in effect on May 18, 2004,
unless the State Board of Education is specifically authorized
by law.
(Source: P.A. 96-37, eff. 7-13-09; 96-102, eff. 7-29-09;
revised 8-20-09.)
Section 290. The Grow Your Own Teacher Education Act is
amended by changing Section 5 as follows:
(110 ILCS 48/5)
Sec. 5. Purpose. The Grow Your Own Teacher preparation
programs established under this Act shall comprise a major new
statewide initiative, known as the Grow Your Own Teacher
Education Initiative, to prepare highly skilled, committed
teachers who will teach in hard-to-staff schools, including
within the Department of Juvenile Justice School District, and
hard-to-staff teaching positions and who will remain in these
schools for substantial periods of time.
The Grow Your Own Teacher Education Initiative shall
effectively recruit and prepare parent and community leaders
and paraeducators to become effective teachers statewide in

SB3733 Enrolled - 946 - LRB096 19592 AMC 34984 b
hard-to-staff schools serving a substantial percentage of
low-income students and hard-to-staff teaching positions in
schools serving a substantial percentage of low-income
students. Further, the Initiative shall increase the diversity
of teachers, including diversity based on race and ethnicity.
The Grow Your Own Teacher Education Initiative shall ensure
educational rigor by effectively preparing candidates in
accredited bachelor's degree programs in teaching, through
which graduates shall meet the requirements to secure an
Illinois initial teaching certificate.
The goal of the Grow Your Own Teacher Education Initiative
is to add 1,000 teachers to low-income, hard-to-staff Illinois
schools by 2016.
(Source: P.A. 95-476, eff. 1-1-08; 96-144, eff. 8-7-09; 96-414,
eff. 1-1-10; revised 9-4-09.)
Section 295. The University of Illinois Act is amended by
changing Section 8 and by setting forth and renumbering
multiple versions of Section 45 as follows:
(110 ILCS 305/8) (from Ch. 144, par. 29)
(Text of Section before amendment by P.A. 96-843)
Sec. 8. Admissions.
(a) (Blank).
(b) In addition, commencing in the fall of 1993, no new
student shall then or thereafter be admitted to instruction in

SB3733 Enrolled - 947 - LRB096 19592 AMC 34984 b
any of the departments or colleges of the University unless
such student also has satisfactorily completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language,
music, vocational education or art;
(2) except that institutions may admit individual
applicants if the institution determines through
assessment or through evaluation based on learning
outcomes of the coursework taken, including vocational
education courses and courses taken in a charter school
established under Article 27A of the School Code, that the
applicant demonstrates knowledge and skills substantially
equivalent to the knowledge and skills expected to be
acquired in the high school courses required for admission.
The Board of Trustees of the University of Illinois shall
not discriminate in the University's admissions process

SB3733 Enrolled - 948 - LRB096 19592 AMC 34984 b
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Institutions may also
admit 1) applicants who did not have an opportunity to
complete the minimum college preparatory curriculum in
high school, and 2) educationally disadvantaged applicants
who are admitted to the formal organized special assistance
programs that are tailored to the needs of such students,
providing that in either case, the institution
incorporates in the applicant's baccalaureate curriculum
courses or other academic activities that compensate for
course deficiencies; and
(3) except that up to 3 of the 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(c) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (b).
(d) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.

SB3733 Enrolled - 949 - LRB096 19592 AMC 34984 b
(Source: P.A. 96-203, eff. 8-10-09.)
(Text of Section after amendment by P.A. 96-843)
Sec. 8. Admissions.
(a) (Blank).
(b) In addition, commencing in the fall of 1993, no new
student shall then or thereafter be admitted to instruction in
any of the departments or colleges of the University unless
such student also has satisfactorily completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language
( ,which may be deemed to include American Sign
Language), music, vocational education or art;
(2) except that institutions may admit individual
applicants if the institution determines through
assessment or through evaluation based on learning

SB3733 Enrolled - 950 - LRB096 19592 AMC 34984 b
outcomes of the coursework taken, including vocational
education courses and courses taken in a charter school
established under Article 27A of the School Code, that the
applicant demonstrates knowledge and skills substantially
equivalent to the knowledge and skills expected to be
acquired in the high school courses required for admission.
The Board of Trustees of the University of Illinois shall
not discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Institutions may also
admit 1) applicants who did not have an opportunity to
complete the minimum college preparatory curriculum in
high school, and 2) educationally disadvantaged applicants
who are admitted to the formal organized special assistance
programs that are tailored to the needs of such students,
providing that in either case, the institution
incorporates in the applicant's baccalaureate curriculum
courses or other academic activities that compensate for
course deficiencies; and
(3) except that up to 3 of the 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).

SB3733 Enrolled - 951 - LRB096 19592 AMC 34984 b
(c) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (b).
(d) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 96-203, eff. 8-10-09; 96-843, eff. 6-1-10;
revised 1-9-10.)
(110 ILCS 305/45)
Sec. 45. Buildings available for emergency purposes. The
Board of Trustees shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09.)
(110 ILCS 305/50)
Sec. 50 45. Veterans' Day; moment of silence. If the

SB3733 Enrolled - 952 - LRB096 19592 AMC 34984 b
University holds any type of event at the University on
November 11, Veterans' Day, the Board of Trustees shall require
a moment of silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; revised 9-15-09.)
(110 ILCS 305/55)
Sec. 55 45. Faculty and staff contact with public
officials. All faculty and staff members of the University are
free to communicate their views on any matter of private or
public concern to any member of the legislative, executive, or
judicial branch of government, State or federal, without notice
to or prior approval of the University, so long as they do not
represent that they are speaking for or on behalf of the
University.
(Source: P.A. 96-147, eff. 8-7-09; revised 9-15-09.)
(110 ILCS 305/60)
Sec. 60 45. Faculty and staff political displays. The
University may not prohibit any faculty or staff member from
(i) displaying political buttons, stickers, or patches while on
University property, provided that such display by any member
of the faculty in an instructional setting is for a purpose
relevant to the subject of instruction; (ii) attending a
partisan political rally, provided that the employee is not on
duty; or (iii) displaying a partisan bumper sticker on his or
her motor vehicle.

SB3733 Enrolled - 953 - LRB096 19592 AMC 34984 b
(Source: P.A. 96-148, eff. 8-7-09; revised 9-15-09.)
(110 ILCS 305/65)
Sec. 65 45. Disability history and awareness. The
University may conduct and promote activities that provide
education on, awareness of, and an understanding of disability
history, people with disabilities, and the disability rights
movement.
(Source: P.A. 96-191, eff. 1-1-10; revised 9-15-09.)
(110 ILCS 305/70)
Sec. 70 45. Administrator and faculty salary and benefits;
report. The Board of Trustees shall report to the Board of
Higher Education, on or before July 1 of each year, the base
salary and benefits of the president of the university and all
administrators, faculty members, and instructors employed by
the university. For the purposes of this Section, "benefits"
includes without limitation vacation days, sick days, bonuses,
annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; revised 9-15-09.)
Section 300. The University of Illinois Hospital Act is
amended by setting forth and renumbering multiple versions of
Section 8 as follows:

SB3733 Enrolled - 954 - LRB096 19592 AMC 34984 b
(110 ILCS 330/8)
Sec. 8. Immunization against influenza virus and
pneumococcal disease. The University of Illinois Hospital
shall adopt an influenza and pneumococcal immunization policy
that includes, but need not be limited to, the following:
(1) Procedures for identifying patients age 65 or older
and, at the discretion of the facility, other patients at
risk.
(2) Procedures for offering immunization against
influenza virus when available between September 1 and
April 1, and against pneumococcal disease upon admission or
discharge, to patients age 65 or older, unless
contraindicated.
(3) Procedures for ensuring that patients offered
immunization, or their guardians, receive information
regarding the risks and benefits of vaccination.
The hospital shall provide a copy of its influenza and
pneumococcal immunization policy to the Illinois Department of
Public Health upon request.
(Source: P.A. 96-343, eff. 8-11-09.)
(110 ILCS 330/9)
Sec. 9 8. Safe patient handling policy. The University of
Illinois Hospital shall cause each of the facilities under its
jurisdiction that provide in-patient care to comply with
Section 6.25 of the Hospital Licensing Act.

SB3733 Enrolled - 955 - LRB096 19592 AMC 34984 b
(Source: P.A. 96-389, eff. 1-1-10; revised 10-22-09.)
Section 305. The Southern Illinois University Management
Act is amended by changing Section 8e and by setting forth and
renumbering multiple versions of Section 30 as follows:
(110 ILCS 520/8e) (from Ch. 144, par. 658e)
(Text of Section before amendment by P.A. 96-843)
Sec. 8e. Admissions.
(a) Commencing in the fall of 1993, no new student shall
then or thereafter be admitted to instruction in any of the
departments or colleges of the University unless such student
also has satisfactorily completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language,
music, vocational education or art;

SB3733 Enrolled - 956 - LRB096 19592 AMC 34984 b
(2) except that institutions may admit individual
applicants if the institution determines through
assessment or through evaluation based on learning
outcomes of the coursework taken, including vocational
education courses and courses taken in a charter school
established under Article 27A of the School Code, that the
applicant demonstrates knowledge and skills substantially
equivalent to the knowledge and skills expected to be
acquired in the high school courses required for admission.
The Board of Trustees of Southern Illinois University shall
not discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Institutions may also
admit 1) applicants who did not have an opportunity to
complete the minimum college preparatory curriculum in
high school, and 2) educationally disadvantaged applicants
who are admitted to the formal organized special assistance
programs that are tailored to the needs of such students,
providing that in either case, the institution
incorporates in the applicant's baccalaureate curriculum
courses or other academic activities that compensate for
course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from

SB3733 Enrolled - 957 - LRB096 19592 AMC 34984 b
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 91-374, eff. 7-30-99.)
(Text of Section after amendment by P.A. 96-843)
Sec. 8e. Admissions.
(a) Commencing in the fall of 1993, no new student shall
then or thereafter be admitted to instruction in any of the
departments or colleges of the University unless such student
also has satisfactorily completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);

SB3733 Enrolled - 958 - LRB096 19592 AMC 34984 b
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language
( ,which may be deemed to include American Sign
Language), music, vocational education or art;
(2) except that institutions may admit individual
applicants if the institution determines through
assessment or through evaluation based on learning
outcomes of the coursework taken, including vocational
education courses and courses taken in a charter school
established under Article 27A of the School Code, that the
applicant demonstrates knowledge and skills substantially
equivalent to the knowledge and skills expected to be
acquired in the high school courses required for admission.
The Board of Trustees of Southern Illinois University shall
not discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Institutions may also
admit 1) applicants who did not have an opportunity to
complete the minimum college preparatory curriculum in
high school, and 2) educationally disadvantaged applicants
who are admitted to the formal organized special assistance
programs that are tailored to the needs of such students,

SB3733 Enrolled - 959 - LRB096 19592 AMC 34984 b
providing that in either case, the institution
incorporates in the applicant's baccalaureate curriculum
courses or other academic activities that compensate for
course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
(110 ILCS 520/30)
Sec. 30. Buildings available for emergency purposes. The
Board shall make mutually agreed buildings of the university
available for emergency purposes, upon the request of the
Illinois Emergency Management Agency, the State-accredited
emergency management agency with jurisdiction, or the American

SB3733 Enrolled - 960 - LRB096 19592 AMC 34984 b
Red Cross, and cooperate in all matters with the Illinois
Emergency Management Agency, local emergency management
agencies, State-certified, local public health departments,
the American Red Cross, and federal agencies concerned with
emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09.)
(110 ILCS 520/35)
Sec. 35 30. Veterans' Day; moment of silence. If the
University holds any type of event at the University on
November 11, Veterans' Day, the Board shall require a moment of
silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; revised 9-15-09.)
(110 ILCS 520/40)
Sec. 40 30. Faculty and staff contact with public
officials. All faculty and staff members of the University are
free to communicate their views on any matter of private or
public concern to any member of the legislative, executive, or
judicial branch of government, State or federal, without notice
to or prior approval of the University, so long as they do not
represent that they are speaking for or on behalf of the
University.
(Source: P.A. 96-147, eff. 8-7-09; revised 9-15-09.)
(110 ILCS 520/45)

SB3733 Enrolled - 961 - LRB096 19592 AMC 34984 b
Sec. 45 30. Faculty and staff political displays. The
University may not prohibit any faculty or staff member from
(i) displaying political buttons, stickers, or patches while on
University property, provided that such display by any member
of the faculty in an instructional setting is for a purpose
relevant to the subject of instruction; (ii) attending a
partisan political rally, provided that the employee is not on
duty; or (iii) displaying a partisan bumper sticker on his or
her motor vehicle.
(Source: P.A. 96-148, eff. 8-7-09; revised 9-15-09.)
(110 ILCS 520/50)
Sec. 50 30. Disability history and awareness. The
University may conduct and promote activities that provide
education on, awareness of, and an understanding of disability
history, people with disabilities, and the disability rights
movement.
(Source: P.A. 96-191, eff. 1-1-10; revised 9-15-09.)
(110 ILCS 520/55)
Sec. 55 30. Administrator and faculty salary and benefits;
report. The Board of Trustees shall report to the Board of
Higher Education, on or before July 1 of each year, the base
salary and benefits of the president of the university and all
administrators, faculty members, and instructors employed by
the university. For the purposes of this Section, "benefits"

SB3733 Enrolled - 962 - LRB096 19592 AMC 34984 b
includes without limitation vacation days, sick days, bonuses,
annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; revised 9-15-09.)
Section 310. The Chicago State University Law is amended by
changing Section 5-85 and by setting forth and renumbering
multiple versions of Section 5-140 as follows:
(110 ILCS 660/5-85)
(Text of Section before amendment by P.A. 96-843)
Sec. 5-85. Admission requirements.
(a) No new student shall be admitted to instruction in any
of the departments or colleges of the Chicago State University
unless such student also has satisfactorily completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language,

SB3733 Enrolled - 963 - LRB096 19592 AMC 34984 b
music, vocational education or art;
(2) except that Chicago State University may admit
individual applicants if it determines through assessment
or through evaluation based on learning outcomes of the
coursework taken, including vocational education courses
and courses taken in a charter school established under
Article 27A of the School Code, that the applicant
demonstrates knowledge and skills substantially equivalent
to the knowledge and skills expected to be acquired in the
high school courses required for admission. The Board of
Trustees of Chicago State University shall not
discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Chicago State
University may also admit (i) applicants who did not have
an opportunity to complete the minimum college preparatory
curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal
organized special assistance programs that are tailored to
the needs of such students, providing that in either case,
the institution incorporates in the applicant's
baccalaureate curriculum courses or other academic
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be

SB3733 Enrolled - 964 - LRB096 19592 AMC 34984 b
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 91-374, eff. 7-30-99.)
(Text of Section after amendment by P.A. 96-843)
Sec. 5-85. Admission requirements.
(a) No new student shall be admitted to instruction in any
of the departments or colleges of the Chicago State University
unless such student also has satisfactorily completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);

SB3733 Enrolled - 965 - LRB096 19592 AMC 34984 b
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language
( ,which may be deemed to include American Sign
Language), music, vocational education or art;
(2) except that Chicago State University may admit
individual applicants if it determines through assessment
or through evaluation based on learning outcomes of the
coursework taken, including vocational education courses
and courses taken in a charter school established under
Article 27A of the School Code, that the applicant
demonstrates knowledge and skills substantially equivalent
to the knowledge and skills expected to be acquired in the
high school courses required for admission. The Board of
Trustees of Chicago State University shall not
discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Chicago State
University may also admit (i) applicants who did not have
an opportunity to complete the minimum college preparatory
curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal
organized special assistance programs that are tailored to

SB3733 Enrolled - 966 - LRB096 19592 AMC 34984 b
the needs of such students, providing that in either case,
the institution incorporates in the applicant's
baccalaureate curriculum courses or other academic
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
(110 ILCS 660/5-140)
Sec. 5-140. Buildings available for emergency purposes.
The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with

SB3733 Enrolled - 967 - LRB096 19592 AMC 34984 b
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09.)
(110 ILCS 660/5-145)
Sec. 5-145 5-140. Veterans' Day; moment of silence. If the
University holds any type of event at the University on
November 11, Veterans' Day, the Board shall require a moment of
silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; revised 10-22-09.)
(110 ILCS 660/5-150)
Sec. 5-150 5-140. Faculty and staff contact with public
officials. All faculty and staff members of the University are
free to communicate their views on any matter of private or
public concern to any member of the legislative, executive, or
judicial branch of government, State or federal, without notice
to or prior approval of the University, so long as they do not
represent that they are speaking for or on behalf of the
University.
(Source: P.A. 96-147, eff. 8-7-09; revised 10-22-09.)
(110 ILCS 660/5-155)

SB3733 Enrolled - 968 - LRB096 19592 AMC 34984 b
Sec. 5-155 5-140. Faculty and staff political displays. The
University may not prohibit any faculty or staff member from
(i) displaying political buttons, stickers, or patches while on
University property, provided that such display by any member
of the faculty in an instructional setting is for a purpose
relevant to the subject of instruction; (ii) attending a
partisan political rally, provided that the employee is not on
duty; or (iii) displaying a partisan bumper sticker on his or
her motor vehicle.
(Source: P.A. 96-148, eff. 8-7-09; revised 10-22-09.)
(110 ILCS 660/5-160)
Sec. 5-160 5-140. Disability history and awareness. The
University may conduct and promote activities that provide
education on, awareness of, and an understanding of disability
history, people with disabilities, and the disability rights
movement.
(Source: P.A. 96-191, eff. 1-1-10; revised 10-22-09.)
(110 ILCS 660/5-165)
Sec. 5-165 5-140. Administrator and faculty salary and
benefits; report. The Board of Trustees shall report to the
Board of Higher Education, on or before July 1 of each year,
the base salary and benefits of the president of the university
and all administrators, faculty members, and instructors
employed by the university. For the purposes of this Section,

SB3733 Enrolled - 969 - LRB096 19592 AMC 34984 b
"benefits" includes without limitation vacation days, sick
days, bonuses, annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; revised 10-22-09.)
Section 315. The Eastern Illinois University Law is amended
by changing Section 10-85 and by setting forth and renumbering
multiple versions of Section 10-140 as follows:
(110 ILCS 665/10-85)
(Text of Section before amendment by P.A. 96-843)
Sec. 10-85. Admission requirements.
(a) No new student shall be admitted to instruction in any
of the departments or colleges of the Eastern Illinois
University unless such student also has satisfactorily
completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and

SB3733 Enrolled - 970 - LRB096 19592 AMC 34984 b
(E) 2 years of electives in foreign language,
music, vocational education or art;
(2) except that Eastern Illinois University may admit
individual applicants if it determines through assessment
or through evaluation based on learning outcomes of the
coursework taken, including vocational education courses
and courses taken in a charter school established under
Article 27A of the School Code, that the applicant
demonstrates knowledge and skills substantially equivalent
to the knowledge and skills expected to be acquired in the
high school courses required for admission. The Board of
Trustees of Eastern Illinois University shall not
discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Eastern Illinois
University may also admit (i) applicants who did not have
an opportunity to complete the minimum college preparatory
curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal
organized special assistance programs that are tailored to
the needs of such students, providing that in either case,
the institution incorporates in the applicant's
baccalaureate curriculum courses or other academic
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework

SB3733 Enrolled - 971 - LRB096 19592 AMC 34984 b
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 91-374, eff. 7-30-99.)
(Text of Section after amendment by P.A. 96-843)
Sec. 10-85. Admission requirements.
(a) No new student shall be admitted to instruction in any
of the departments or colleges of the Eastern Illinois
University unless such student also has satisfactorily
completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;

SB3733 Enrolled - 972 - LRB096 19592 AMC 34984 b
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language
( ,which may be deemed to include American Sign
Language), music, vocational education or art;
(2) except that Eastern Illinois University may admit
individual applicants if it determines through assessment
or through evaluation based on learning outcomes of the
coursework taken, including vocational education courses
and courses taken in a charter school established under
Article 27A of the School Code, that the applicant
demonstrates knowledge and skills substantially equivalent
to the knowledge and skills expected to be acquired in the
high school courses required for admission. The Board of
Trustees of Eastern Illinois University shall not
discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Eastern Illinois
University may also admit (i) applicants who did not have
an opportunity to complete the minimum college preparatory
curriculum in high school, and (ii) educationally

SB3733 Enrolled - 973 - LRB096 19592 AMC 34984 b
disadvantaged applicants who are admitted to the formal
organized special assistance programs that are tailored to
the needs of such students, providing that in either case,
the institution incorporates in the applicant's
baccalaureate curriculum courses or other academic
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
(110 ILCS 665/10-140)
Sec. 10-140. Buildings available for emergency purposes.
The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request

SB3733 Enrolled - 974 - LRB096 19592 AMC 34984 b
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09.)
(110 ILCS 665/10-145)
Sec. 10-145 10-140. Veterans' Day; moment of silence. If
the University holds any type of event at the University on
November 11, Veterans' Day, the Board shall require a moment of
silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
(110 ILCS 665/10-150)
Sec. 10-150 10-140. Faculty and staff contact with public
officials. All faculty and staff members of the University are
free to communicate their views on any matter of private or
public concern to any member of the legislative, executive, or
judicial branch of government, State or federal, without notice
to or prior approval of the University, so long as they do not
represent that they are speaking for or on behalf of the
University.
(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)

SB3733 Enrolled - 975 - LRB096 19592 AMC 34984 b
(110 ILCS 665/10-155)
Sec. 10-155 10-140. Faculty and staff political displays.
The University may not prohibit any faculty or staff member
from (i) displaying political buttons, stickers, or patches
while on University property, provided that such display by any
member of the faculty in an instructional setting is for a
purpose relevant to the subject of instruction; (ii) attending
a partisan political rally, provided that the employee is not
on duty; or (iii) displaying a partisan bumper sticker on his
or her motor vehicle.
(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
(110 ILCS 665/10-160)
Sec. 10-160 10-140. Disability history and awareness. The
University may conduct and promote activities that provide
education on, awareness of, and an understanding of disability
history, people with disabilities, and the disability rights
movement.
(Source: P.A. 96-191, eff. 1-1-10; revised 10-23-09.)
(110 ILCS 665/10-165)
Sec. 10-165 10-140. Administrator and faculty salary and
benefits; report. The Board of Trustees shall report to the
Board of Higher Education, on or before July 1 of each year,
the base salary and benefits of the president of the university

SB3733 Enrolled - 976 - LRB096 19592 AMC 34984 b
and all administrators, faculty members, and instructors
employed by the university. For the purposes of this Section,
"benefits" includes without limitation vacation days, sick
days, bonuses, annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
Section 320. The Governors State University Law is amended
by changing Section 15-85 and by setting forth and renumbering
multiple versions of Section 15-140 as follows:
(110 ILCS 670/15-85)
(Text of Section before amendment by P.A. 96-843)
Sec. 15-85. Admission requirements.
(a) No new student shall be admitted to instruction in any
of the departments or colleges of the Governors State
University unless such student also has satisfactorily
completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or

SB3733 Enrolled - 977 - LRB096 19592 AMC 34984 b
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language,
music, vocational education or art;
(2) except that Governors State University may admit
individual applicants if it determines through assessment
or through evaluation based on learning outcomes of the
coursework taken, including vocational education courses
and courses taken in a charter school established under
Article 27A of the School Code, that the applicant
demonstrates knowledge and skills substantially equivalent
to the knowledge and skills expected to be acquired in the
high school courses required for admission. The Board of
Trustees of Governors State University shall not
discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Governors State
University may also admit (i) applicants who did not have
an opportunity to complete the minimum college preparatory
curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal
organized special assistance programs that are tailored to
the needs of such students, providing that in either case,
the institution incorporates in the applicant's
baccalaureate curriculum courses or other academic

SB3733 Enrolled - 978 - LRB096 19592 AMC 34984 b
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 91-374, eff. 7-30-99.)
(Text of Section after amendment by P.A. 96-843)
Sec. 15-85. Admission requirements.
(a) No new student shall be admitted to instruction in any
of the departments or colleges of the Governors State
University unless such student also has satisfactorily
completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and

SB3733 Enrolled - 979 - LRB096 19592 AMC 34984 b
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language
( ,which may be deemed to include American Sign
Language), music, vocational education or art;
(2) except that Governors State University may admit
individual applicants if it determines through assessment
or through evaluation based on learning outcomes of the
coursework taken, including vocational education courses
and courses taken in a charter school established under
Article 27A of the School Code, that the applicant
demonstrates knowledge and skills substantially equivalent
to the knowledge and skills expected to be acquired in the
high school courses required for admission. The Board of
Trustees of Governors State University shall not
discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Governors State
University may also admit (i) applicants who did not have

SB3733 Enrolled - 980 - LRB096 19592 AMC 34984 b
an opportunity to complete the minimum college preparatory
curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal
organized special assistance programs that are tailored to
the needs of such students, providing that in either case,
the institution incorporates in the applicant's
baccalaureate curriculum courses or other academic
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
(110 ILCS 670/15-140)
Sec. 15-140. Buildings available for emergency purposes.

SB3733 Enrolled - 981 - LRB096 19592 AMC 34984 b
The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09.)
(110 ILCS 670/15-145)
Sec. 15-145 15-140. Veterans' Day; moment of silence. If
the University holds any type of event at the University on
November 11, Veterans' Day, the Board shall require a moment of
silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
(110 ILCS 670/15-150)
Sec. 15-150 15-140. Faculty and staff contact with public
officials. All faculty and staff members of the University are
free to communicate their views on any matter of private or
public concern to any member of the legislative, executive, or
judicial branch of government, State or federal, without notice
to or prior approval of the University, so long as they do not
represent that they are speaking for or on behalf of the

SB3733 Enrolled - 982 - LRB096 19592 AMC 34984 b
University.
(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)
(110 ILCS 670/15-155)
Sec. 15-155 15-140. Faculty and staff political displays.
The University may not prohibit any faculty or staff member
from (i) displaying political buttons, stickers, or patches
while on University property, provided that such display by any
member of the faculty in an instructional setting is for a
purpose relevant to the subject of instruction; (ii) attending
a partisan political rally, provided that the employee is not
on duty; or (iii) displaying a partisan bumper sticker on his
or her motor vehicle.
(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
(110 ILCS 670/15-160)
Sec. 15-160 15-140. Disability history and awareness. The
University may conduct and promote activities that provide
education on, awareness of, and an understanding of disability
history, people with disabilities, and the disability rights
movement.
(Source: P.A. 96-191, eff. 1-1-10; revised 10-23-09.)
(110 ILCS 670/15-165)
Sec. 15-165 15-140. Administrator and faculty salary and
benefits; report. The Board of Trustees shall report to the

SB3733 Enrolled - 983 - LRB096 19592 AMC 34984 b
Board of Higher Education, on or before July 1 of each year,
the base salary and benefits of the president of the university
and all administrators, faculty members, and instructors
employed by the university. For the purposes of this Section,
"benefits" includes without limitation vacation days, sick
days, bonuses, annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
Section 325. The Illinois State University Law is amended
by changing Section 20-85 and by setting forth and renumbering
multiple versions of Section 20-145 as follows:
(110 ILCS 675/20-85)
(Text of Section before amendment by P.A. 96-843)
Sec. 20-85. Admission requirements.
(a) No new student shall be admitted to instruction in any
of the departments or colleges of the Illinois State University
unless such student also has satisfactorily completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through

SB3733 Enrolled - 984 - LRB096 19592 AMC 34984 b
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language,
music, vocational education or art;
(2) except that Illinois State University may admit
individual applicants if it determines through assessment
or through evaluation based on learning outcomes of the
coursework taken, including vocational education courses
and courses taken in a charter school established under
Article 27A of the School Code, that the applicant
demonstrates knowledge and skills substantially equivalent
to the knowledge and skills expected to be acquired in the
high school courses required for admission. The Board of
Trustees of Illinois State University shall not
discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Illinois State
University may also admit (i) applicants who did not have
an opportunity to complete the minimum college preparatory
curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal
organized special assistance programs that are tailored to
the needs of such students, providing that in either case,
the institution incorporates in the applicant's

SB3733 Enrolled - 985 - LRB096 19592 AMC 34984 b
baccalaureate curriculum courses or other academic
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 91-374, eff. 7-30-99.)
(Text of Section after amendment by P.A. 96-843)
Sec. 20-85. Admission requirements.
(a) No new student shall be admitted to instruction in any
of the departments or colleges of the Illinois State University
unless such student also has satisfactorily completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and

SB3733 Enrolled - 986 - LRB096 19592 AMC 34984 b
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language
( ,which may be deemed to include American Sign
Language), music, vocational education or art;
(2) except that Illinois State University may admit
individual applicants if it determines through assessment
or through evaluation based on learning outcomes of the
coursework taken, including vocational education courses
and courses taken in a charter school established under
Article 27A of the School Code, that the applicant
demonstrates knowledge and skills substantially equivalent
to the knowledge and skills expected to be acquired in the
high school courses required for admission. The Board of
Trustees of Illinois State University shall not
discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Illinois State
University may also admit (i) applicants who did not have

SB3733 Enrolled - 987 - LRB096 19592 AMC 34984 b
an opportunity to complete the minimum college preparatory
curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal
organized special assistance programs that are tailored to
the needs of such students, providing that in either case,
the institution incorporates in the applicant's
baccalaureate curriculum courses or other academic
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
(110 ILCS 675/20-145)
Sec. 20-145. Buildings available for emergency purposes.

SB3733 Enrolled - 988 - LRB096 19592 AMC 34984 b
The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09.)
(110 ILCS 675/20-150)
Sec. 20-150 20-145. Veterans' Day; moment of silence. If
the University holds any type of event at the University on
November 11, Veterans' Day, the Board shall require a moment of
silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
(110 ILCS 675/20-155)
Sec. 20-155 20-145. Faculty and staff contact with public
officials. All faculty and staff members of the University are
free to communicate their views on any matter of private or
public concern to any member of the legislative, executive, or
judicial branch of government, State or federal, without notice
to or prior approval of the University, so long as they do not
represent that they are speaking for or on behalf of the

SB3733 Enrolled - 989 - LRB096 19592 AMC 34984 b
University.
(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)
(110 ILCS 675/20-160)
Sec. 20-160 20-145. Faculty and staff political displays.
The University may not prohibit any faculty or staff member
from (i) displaying political buttons, stickers, or patches
while on University property, provided that such display by any
member of the faculty in an instructional setting is for a
purpose relevant to the subject of instruction; (ii) attending
a partisan political rally, provided that the employee is not
on duty; or (iii) displaying a partisan bumper sticker on his
or her motor vehicle.
(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
(110 ILCS 675/20-165)
Sec. 20-165 20-145. Disability history and awareness. The
University may conduct and promote activities that provide
education on, awareness of, and an understanding of disability
history, people with disabilities, and the disability rights
movement.
(Source: P.A. 96-191, eff. 1-1-10; revised 10-23-09.)
(110 ILCS 675/20-170)
Sec. 20-170 20-145. Administrator and faculty salary and
benefits; report. The Board of Trustees shall report to the

SB3733 Enrolled - 990 - LRB096 19592 AMC 34984 b
Board of Higher Education, on or before July 1 of each year,
the base salary and benefits of the president of the university
and all administrators, faculty members, and instructors
employed by the university. For the purposes of this Section,
"benefits" includes without limitation vacation days, sick
days, bonuses, annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
Section 330. The Northeastern Illinois University Law is
amended by changing Section 25-85 and by setting forth and
renumbering multiple versions of Section 25-140 as follows:
(110 ILCS 680/25-85)
(Text of Section before amendment by P.A. 96-843)
Sec. 25-85. Admission requirements.
(a) No new student shall be admitted to instruction in any
of the departments or colleges of the Northeastern Illinois
University unless such student also has satisfactorily
completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);

SB3733 Enrolled - 991 - LRB096 19592 AMC 34984 b
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language,
music, vocational education or art;
(2) except that Northeastern Illinois University may
admit individual applicants if it determines through
assessment or through evaluation based on learning
outcomes of the coursework taken, including vocational
education courses and courses taken in a charter school
established under Article 27A of the School Code, that the
applicant demonstrates knowledge and skills substantially
equivalent to the knowledge and skills expected to be
acquired in the high school courses required for admission.
The Board of Trustees of Northeastern Illinois University
shall not discriminate in the University's admissions
process against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Northeastern Illinois
University may also admit (i) applicants who did not have
an opportunity to complete the minimum college preparatory
curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal
organized special assistance programs that are tailored to
the needs of such students, providing that in either case,

SB3733 Enrolled - 992 - LRB096 19592 AMC 34984 b
the institution incorporates in the applicant's
baccalaureate curriculum courses or other academic
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 91-374, eff. 7-30-99.)
(Text of Section after amendment by P.A. 96-843)
Sec. 25-85. Admission requirements.
(a) No new student shall be admitted to instruction in any
of the departments or colleges of the Northeastern Illinois
University unless such student also has satisfactorily
completed:
(1) at least 15 units of high school coursework from

SB3733 Enrolled - 993 - LRB096 19592 AMC 34984 b
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language
( ,which may be deemed to include American Sign
Language), music, vocational education or art;
(2) except that Northeastern Illinois University may
admit individual applicants if it determines through
assessment or through evaluation based on learning
outcomes of the coursework taken, including vocational
education courses and courses taken in a charter school
established under Article 27A of the School Code, that the
applicant demonstrates knowledge and skills substantially
equivalent to the knowledge and skills expected to be
acquired in the high school courses required for admission.
The Board of Trustees of Northeastern Illinois University
shall not discriminate in the University's admissions
process against an applicant for admission because of the
applicant's enrollment in a charter school established

SB3733 Enrolled - 994 - LRB096 19592 AMC 34984 b
under Article 27A of the School Code. Northeastern Illinois
University may also admit (i) applicants who did not have
an opportunity to complete the minimum college preparatory
curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal
organized special assistance programs that are tailored to
the needs of such students, providing that in either case,
the institution incorporates in the applicant's
baccalaureate curriculum courses or other academic
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)

SB3733 Enrolled - 995 - LRB096 19592 AMC 34984 b
(110 ILCS 680/25-140)
Sec. 25-140. Buildings available for emergency purposes.
The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09.)
(110 ILCS 680/25-145)
Sec. 25-145 25-140. Veterans' Day; moment of silence. If
the University holds any type of event at the University on
November 11, Veterans' Day, the Board shall require a moment of
silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
(110 ILCS 680/25-150)
Sec. 25-150 25-140. Faculty and staff contact with public
officials. All faculty and staff members of the University are
free to communicate their views on any matter of private or
public concern to any member of the legislative, executive, or
judicial branch of government, State or federal, without notice

SB3733 Enrolled - 996 - LRB096 19592 AMC 34984 b
to or prior approval of the University, so long as they do not
represent that they are speaking for or on behalf of the
University.
(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)
(110 ILCS 680/25-155)
Sec. 25-155 25-140. Faculty and staff political displays.
The University may not prohibit any faculty or staff member
from (i) displaying political buttons, stickers, or patches
while on University property, provided that such display by any
member of the faculty in an instructional setting is for a
purpose relevant to the subject of instruction; (ii) attending
a partisan political rally, provided that the employee is not
on duty; or (iii) displaying a partisan bumper sticker on his
or her motor vehicle.
(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
(110 ILCS 680/25-160)
Sec. 25-160 25-140. Disability history and awareness. The
University may conduct and promote activities that provide
education on, awareness of, and an understanding of disability
history, people with disabilities, and the disability rights
movement.
(Source: P.A. 96-191, eff. 1-1-10; revised 10-23-09.)
(110 ILCS 680/25-165)

SB3733 Enrolled - 997 - LRB096 19592 AMC 34984 b
Sec. 25-165 25-140. Administrator and faculty salary and
benefits; report. The Board of Trustees shall report to the
Board of Higher Education, on or before July 1 of each year,
the base salary and benefits of the president of the university
and all administrators, faculty members, and instructors
employed by the university. For the purposes of this Section,
"benefits" includes without limitation vacation days, sick
days, bonuses, annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
Section 335. The Northern Illinois University Law is
amended by changing Section 30-85 and by setting forth and
renumbering multiple versions of Section 30-150 as follows:
(110 ILCS 685/30-85)
(Text of Section before amendment by P.A. 96-843)
Sec. 30-85. Admission requirements.
(a) No new student shall be admitted to instruction in any
of the departments or colleges of the Northern Illinois
University unless such student also has satisfactorily
completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;

SB3733 Enrolled - 998 - LRB096 19592 AMC 34984 b
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language,
music, vocational education or art;
(2) except that Northern Illinois University may admit
individual applicants if it determines through assessment
or through evaluation based on learning outcomes of the
coursework taken, including vocational education courses
and courses taken in a charter school established under
Article 27A of the School Code, that the applicant
demonstrates knowledge and skills substantially equivalent
to the knowledge and skills expected to be acquired in the
high school courses required for admission. The Board of
Trustees of Northern Illinois University shall not
discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Northern Illinois
University may also admit (i) applicants who did not have
an opportunity to complete the minimum college preparatory
curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal

SB3733 Enrolled - 999 - LRB096 19592 AMC 34984 b
organized special assistance programs that are tailored to
the needs of such students, providing that in either case,
the institution incorporates in the applicant's
baccalaureate curriculum courses or other academic
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 91-374, eff. 7-30-99.)
(Text of Section after amendment by P.A. 96-843)
Sec. 30-85. Admission requirements.
(a) No new student shall be admitted to instruction in any
of the departments or colleges of the Northern Illinois
University unless such student also has satisfactorily

SB3733 Enrolled - 1000 - LRB096 19592 AMC 34984 b
completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language
( ,which may be deemed to include American Sign
Language), music, vocational education or art;
(2) except that Northern Illinois University may admit
individual applicants if it determines through assessment
or through evaluation based on learning outcomes of the
coursework taken, including vocational education courses
and courses taken in a charter school established under
Article 27A of the School Code, that the applicant
demonstrates knowledge and skills substantially equivalent
to the knowledge and skills expected to be acquired in the
high school courses required for admission. The Board of
Trustees of Northern Illinois University shall not
discriminate in the University's admissions process

SB3733 Enrolled - 1001 - LRB096 19592 AMC 34984 b
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Northern Illinois
University may also admit (i) applicants who did not have
an opportunity to complete the minimum college preparatory
curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal
organized special assistance programs that are tailored to
the needs of such students, providing that in either case,
the institution incorporates in the applicant's
baccalaureate curriculum courses or other academic
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.

SB3733 Enrolled - 1002 - LRB096 19592 AMC 34984 b
(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
(110 ILCS 685/30-150)
Sec. 30-150. Buildings available for emergency purposes.
The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09.)
(110 ILCS 685/30-155)
Sec. 30-155 30-150. Veterans' Day; moment of silence. If
the University holds any type of event at the University on
November 11, Veterans' Day, the Board shall require a moment of
silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
(110 ILCS 685/30-160)
Sec. 30-160 30-150. Faculty and staff contact with public
officials. All faculty and staff members of the University are
free to communicate their views on any matter of private or

SB3733 Enrolled - 1003 - LRB096 19592 AMC 34984 b
public concern to any member of the legislative, executive, or
judicial branch of government, State or federal, without notice
to or prior approval of the University, so long as they do not
represent that they are speaking for or on behalf of the
University.
(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)
(110 ILCS 685/30-165)
Sec. 30-165 30-150. Faculty and staff political displays.
The University may not prohibit any faculty or staff member
from (i) displaying political buttons, stickers, or patches
while on University property, provided that such display by any
member of the faculty in an instructional setting is for a
purpose relevant to the subject of instruction; (ii) attending
a partisan political rally, provided that the employee is not
on duty; or (iii) displaying a partisan bumper sticker on his
or her motor vehicle.
(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
(110 ILCS 685/30-170)
Sec. 30-170 30-150. Disability history and awareness. The
University may conduct and promote activities that provide
education on, awareness of, and an understanding of disability
history, people with disabilities, and the disability rights
movement.
(Source: P.A. 96-191, eff. 1-1-10; revised 10-23-09.)

SB3733 Enrolled - 1004 - LRB096 19592 AMC 34984 b
(110 ILCS 685/30-175)
Sec. 30-175 30-150. Administrator and faculty salary and
benefits; report. The Board of Trustees shall report to the
Board of Higher Education, on or before July 1 of each year,
the base salary and benefits of the president of the university
and all administrators, faculty members, and instructors
employed by the university. For the purposes of this Section,
"benefits" includes without limitation vacation days, sick
days, bonuses, annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
Section 340. The Western Illinois University Law is amended
by changing Section 35-85 and by setting forth and renumbering
multiple versions of Section 35-145 as follows:
(110 ILCS 690/35-85)
(Text of Section before amendment by P.A. 96-843)
Sec. 35-85. Admission requirements.
(a) No new student shall be admitted to instruction in any
of the departments or colleges of the Western Illinois
University unless such student also has satisfactorily
completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and

SB3733 Enrolled - 1005 - LRB096 19592 AMC 34984 b
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language,
music, vocational education or art;
(2) except that Western Illinois University may admit
individual applicants if it determines through assessment
or through evaluation based on learning outcomes of the
coursework taken, including vocational education courses
and courses taken in a charter school established under
Article 27A of the School Code, that the applicant
demonstrates knowledge and skills substantially equivalent
to the knowledge and skills expected to be acquired in the
high school courses required for admission. The Board of
Trustees of Western Illinois University shall not
discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Western Illinois
University may also admit (i) applicants who did not have
an opportunity to complete the minimum college preparatory

SB3733 Enrolled - 1006 - LRB096 19592 AMC 34984 b
curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal
organized special assistance programs that are tailored to
the needs of such students, providing that in either case,
the institution incorporates in the applicant's
baccalaureate curriculum courses or other academic
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 91-374, eff. 7-30-99.)
(Text of Section after amendment by P.A. 96-843)
Sec. 35-85. Admission requirements.
(a) No new student shall be admitted to instruction in any

SB3733 Enrolled - 1007 - LRB096 19592 AMC 34984 b
of the departments or colleges of the Western Illinois
University unless such student also has satisfactorily
completed:
(1) at least 15 units of high school coursework from
the following 5 categories:
(A) 4 years of English (emphasizing written and
oral communications and literature), of which up to 2
years may be collegiate level instruction;
(B) 3 years of social studies (emphasizing history
and government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or
fundamentals of computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language
( ,which may be deemed to include American Sign
Language), music, vocational education or art;
(2) except that Western Illinois University may admit
individual applicants if it determines through assessment
or through evaluation based on learning outcomes of the
coursework taken, including vocational education courses
and courses taken in a charter school established under
Article 27A of the School Code, that the applicant
demonstrates knowledge and skills substantially equivalent
to the knowledge and skills expected to be acquired in the
high school courses required for admission. The Board of

SB3733 Enrolled - 1008 - LRB096 19592 AMC 34984 b
Trustees of Western Illinois University shall not
discriminate in the University's admissions process
against an applicant for admission because of the
applicant's enrollment in a charter school established
under Article 27A of the School Code. Western Illinois
University may also admit (i) applicants who did not have
an opportunity to complete the minimum college preparatory
curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal
organized special assistance programs that are tailored to
the needs of such students, providing that in either case,
the institution incorporates in the applicant's
baccalaureate curriculum courses or other academic
activities that compensate for course deficiencies; and
(3) except that up to 3 of 15 units of coursework
required by paragraph (1) of this subsection may be
distributed by deducting no more than one unit each from
the categories of social studies, mathematics, sciences
and electives and completing those 3 units in any of the 5
categories of coursework described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the
coursework required by subsection (a).
(c) A student who has graduated from high school and has
scored within the University's accepted range on the ACT or SAT
shall not be required to take the high school level General

SB3733 Enrolled - 1009 - LRB096 19592 AMC 34984 b
Educational Development (GED) Test as a prerequisite to
admission.
(Source: P.A. 96-843, eff. 6-1-10; revised 1-7-10.)
(110 ILCS 690/35-145)
Sec. 35-145. Buildings available for emergency purposes.
The Board shall make mutually agreed buildings of the
university available for emergency purposes, upon the request
of the Illinois Emergency Management Agency, the
State-accredited emergency management agency with
jurisdiction, or the American Red Cross, and cooperate in all
matters with the Illinois Emergency Management Agency, local
emergency management agencies, State-certified, local public
health departments, the American Red Cross, and federal
agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09.)
(110 ILCS 690/35-150)
Sec. 35-150 35-145. Veterans' Day; moment of silence. If
the University holds any type of event at the University on
November 11, Veterans' Day, the Board shall require a moment of
silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
(110 ILCS 690/35-155)
Sec. 35-155 35-145. Faculty and staff contact with public

SB3733 Enrolled - 1010 - LRB096 19592 AMC 34984 b
officials. All faculty and staff members of the University are
free to communicate their views on any matter of private or
public concern to any member of the legislative, executive, or
judicial branch of government, State or federal, without notice
to or prior approval of the University, so long as they do not
represent that they are speaking for or on behalf of the
University.
(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)
(110 ILCS 690/35-160)
Sec. 35-160 35-145. Faculty and staff political displays.
The University may not prohibit any faculty or staff member
from (i) displaying political buttons, stickers, or patches
while on University property, provided that such display by any
member of the faculty in an instructional setting is for a
purpose relevant to the subject of instruction; (ii) attending
a partisan political rally, provided that the employee is not
on duty; or (iii) displaying a partisan bumper sticker on his
or her motor vehicle.
(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
(110 ILCS 690/35-165)
Sec. 35-165 35-145. Disability history and awareness. The
University may conduct and promote activities that provide
education on, awareness of, and an understanding of disability
history, people with disabilities, and the disability rights

SB3733 Enrolled - 1011 - LRB096 19592 AMC 34984 b
movement.
(Source: P.A. 96-191, eff. 1-1-10; revised 10-23-09.)
(110 ILCS 690/35-170)
Sec. 35-170 35-145. Administrator and faculty salary and
benefits; report. The Board of Trustees shall report to the
Board of Higher Education, on or before July 1 of each year,
the base salary and benefits of the president of the university
and all administrators, faculty members, and instructors
employed by the university. For the purposes of this Section,
"benefits" includes without limitation vacation days, sick
days, bonuses, annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
Section 345. The Public Community College Act is amended by
setting forth and renumbering multiple versions of Section
3-29.4 as follows:
(110 ILCS 805/3-29.4)
Sec. 3-29.4. Buildings available for emergency purposes.
The board shall make mutually agreed buildings of the college
available for emergency purposes, upon the request of the
Illinois Emergency Management Agency, the State-accredited
emergency management agency with jurisdiction, or the American
Red Cross, and cooperate in all matters with the Illinois
Emergency Management Agency, local emergency management

SB3733 Enrolled - 1012 - LRB096 19592 AMC 34984 b
agencies, State-certified, local public health departments,
the American Red Cross, and federal agencies concerned with
emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09.)
(110 ILCS 805/3-29.5)
Sec. 3-29.5 3-29.4. Veterans' Day; moment of silence. If a
community college holds any type of event at the community
college on November 11, Veterans' Day, the board shall require
a moment of silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; revised 10-23-09.)
(110 ILCS 805/3-29.6)
Sec. 3-29.6 3-29.4. Faculty and staff contact with public
officials. All faculty and staff members of a community college
are free to communicate their views on any matter of private or
public concern to any member of the legislative, executive, or
judicial branch of government, State or federal, without notice
to or prior approval of the community college, so long as they
do not represent that they are speaking for or on behalf of the
community college.
(Source: P.A. 96-147, eff. 8-7-09; revised 10-23-09.)
(110 ILCS 805/3-29.7)
Sec. 3-29.7 3-29.4. Faculty and staff political displays. A
community college may not prohibit any faculty or staff member

SB3733 Enrolled - 1013 - LRB096 19592 AMC 34984 b
from (i) displaying political buttons, stickers, or patches
while on community college property, provided that such display
by any member of the faculty in an instructional setting is for
a purpose relevant to the subject of instruction; (ii)
attending a partisan political rally, provided that the
employee is not on duty; or (iii) displaying a partisan bumper
sticker on his or her motor vehicle.
(Source: P.A. 96-148, eff. 8-7-09; revised 10-23-09.)
(110 ILCS 805/3-29.8)
Sec. 3-29.8 3-29.4. Administrator and faculty salary and
benefits; report. Each board of trustees shall report to the
Board of Higher Education, on or before July 1 of each year,
the base salary and benefits of the president or chief
executive officer of the community college and all
administrators, faculty members, and instructors employed by
the community college district. For the purposes of this
Section, "benefits" includes without limitation vacation days,
sick days, bonuses, annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; revised 10-23-09.)
Section 350. The Illinois Banking Act is amended by
changing Section 2 as follows:
(205 ILCS 5/2) (from Ch. 17, par. 302)
Sec. 2. General definitions. In this Act, unless the

SB3733 Enrolled - 1014 - LRB096 19592 AMC 34984 b
context otherwise requires, the following words and phrases
shall have the following meanings:
"Accommodation party" shall have the meaning ascribed to
that term in Section 3-419 of the Uniform Commercial Code.
"Action" in the sense of a judicial proceeding includes
recoupments, counterclaims, set-off, and any other proceeding
in which rights are determined.
"Affiliate facility" of a bank means a main banking
premises or branch of another commonly owned bank. The main
banking premises or any branch of a bank may be an "affiliate
facility" with respect to one or more other commonly owned
banks.
"Appropriate federal banking agency" means the Federal
Deposit Insurance Corporation, the Federal Reserve Bank of
Chicago, or the Federal Reserve Bank of St. Louis, as
determined by federal law.
"Bank" means any person doing a banking business whether
subject to the laws of this or any other jurisdiction.
A "banking house", "branch", "branch bank" or "branch
office" shall mean any place of business of a bank at which
deposits are received, checks paid, or loans made, but shall
not include any place at which only records thereof are made,
posted, or kept. A place of business at which deposits are
received, checks paid, or loans made shall not be deemed to be
a branch, branch bank, or branch office if the place of
business is adjacent to and connected with the main banking

SB3733 Enrolled - 1015 - LRB096 19592 AMC 34984 b
premises, or if it is separated from the main banking premises
by not more than an alley; provided always that (i) if the
place of business is separated by an alley from the main
banking premises there is a connection between the two by
public or private way or by subterranean or overhead passage,
and (ii) if the place of business is in a building not wholly
occupied by the bank, the place of business shall not be within
any office or room in which any other business or service of
any kind or nature other than the business of the bank is
conducted or carried on. A place of business at which deposits
are received, checks paid, or loans made shall not be deemed to
be a branch, branch bank, or branch office (i) of any bank if
the place is a terminal established and maintained in
accordance with paragraph (17) of Section 5 of this Act, or
(ii) of a commonly owned bank by virtue of transactions
conducted at that place on behalf of the other commonly owned
bank under paragraph (23) of Section 5 of this Act if the place
is an affiliate facility with respect to the other bank.
"Branch of an out-of-state bank" means a branch established
or maintained in Illinois by an out-of-state bank as a result
of a merger between an Illinois bank and the out-of-state bank
that occurs on or after May 31, 1997, or any branch established
by the out-of-state bank following the merger.
"Bylaws" means the bylaws of a bank that are adopted by the
bank's board of directors or shareholders for the regulation
and management of the bank's affairs. If the bank operates as a

SB3733 Enrolled - 1016 - LRB096 19592 AMC 34984 b
limited liability company, however, "bylaws" means the
operating agreement of the bank.
"Call report fee" means the fee to be paid to the
Commissioner by each State bank pursuant to paragraph (a) of
subsection (3) of Section 48 of this Act.
"Capital" includes the aggregate of outstanding capital
stock and preferred stock.
"Cash flow reserve account" means the account within the
books and records of the Commissioner of Banks and Real Estate
used to record funds designated to maintain a reasonable Bank
and Trust Company Fund operating balance to meet agency
obligations on a timely basis.
"Charter" includes the original charter and all amendments
thereto and articles of merger or consolidation.
"Commissioner" means the Commissioner of Banks and Real
Estate, except that beginning on April 6, 2009 (the effective
date of Public Act 95-1047) this amendatory Act of the 95th
General Assembly, all references in this Act to the
Commissioner of Banks and Real Estate are deemed, in
appropriate contexts, to be references to the Secretary of
Financial and Professional Regulation.
"Commonly owned banks" means 2 or more banks that each
qualify as a bank subsidiary of the same bank holding company
pursuant to Section 18 of the Federal Deposit Insurance Act;
"commonly owned bank" refers to one of a group of commonly
owned banks but only with respect to one or more of the other

SB3733 Enrolled - 1017 - LRB096 19592 AMC 34984 b
banks in the same group.
"Community" means a city, village, or incorporated town and
also includes the area served by the banking offices of a bank,
but need not be limited or expanded to conform to the
geographic boundaries of units of local government.
"Company" means a corporation, limited liability company,
partnership, business trust, association, or similar
organization and, unless specifically excluded, includes a
"State bank" and a "bank".
"Consolidating bank" means a party to a consolidation.
"Consolidation" takes place when 2 or more banks, or a
trust company and a bank, are extinguished and by the same
process a new bank is created, taking over the assets and
assuming the liabilities of the banks or trust company passing
out of existence.
"Continuing bank" means a merging bank, the charter of
which becomes the charter of the resulting bank.
"Converting bank" means a State bank converting to become a
national bank, or a national bank converting to become a State
bank.
"Converting trust company" means a trust company
converting to become a State bank.
"Court" means a court of competent jurisdiction.
"Director" means a member of the board of directors of a
bank. In the case of a manager-managed limited liability
company, however, "director" means a manager of the bank and,

SB3733 Enrolled - 1018 - LRB096 19592 AMC 34984 b
in the case of a member-managed limited liability company,
"director" means a member of the bank. The term "director" does
not include an advisory director, honorary director, director
emeritus, or similar person, unless the person is otherwise
performing functions similar to those of a member of the board
of directors.
"Eligible depository institution" means an insured savings
association that is in default, an insured savings association
that is in danger of default, a State or national bank that is
in default or a State or national bank that is in danger of
default, as those terms are defined in this Section, or a new
bank as that term defined in Section 11(m) of the Federal
Deposit Insurance Act or a bridge bank as that term is defined
in Section 11(n) of the Federal Deposit Insurance Act or a new
federal savings association authorized under Section
11(d)(2)(f) of the Federal Deposit Insurance Act.
"Fiduciary" means trustee, agent, executor, administrator,
committee, guardian for a minor or for a person under legal
disability, receiver, trustee in bankruptcy, assignee for
creditors, or any holder of similar position of trust.
"Financial institution" means a bank, savings bank,
savings and loan association, credit union, or any licensee
under the Consumer Installment Loan Act or the Sales Finance
Agency Act and, for purposes of Section 48.3, any proprietary
network, funds transfer corporation, or other entity providing
electronic funds transfer services, or any corporate

SB3733 Enrolled - 1019 - LRB096 19592 AMC 34984 b
fiduciary, its subsidiaries, affiliates, parent company, or
contractual service provider that is examined by the
Commissioner. For purposes of Section 5c and subsection (b) of
Section 13 of this Act, "financial institution" includes any
proprietary network, funds transfer corporation, or other
entity providing electronic funds transfer services, and any
corporate fiduciary.
"Foundation" means the Illinois Bank Examiners' Education
Foundation.
"General obligation" means a bond, note, debenture,
security, or other instrument evidencing an obligation of the
government entity that is the issuer that is supported by the
full available resources of the issuer, the principal and
interest of which is payable in whole or in part by taxation.
"Guarantee" means an undertaking or promise to answer for
payment of another's debt or performance of another's duty,
liability, or obligation whether "payment guaranteed" or
"collection guaranteed".
"In danger of default" means a State or national bank, a
federally chartered insured savings association or an Illinois
state chartered insured savings association with respect to
which the Commissioner or the appropriate federal banking
agency has advised the Federal Deposit Insurance Corporation
that:
(1) in the opinion of the Commissioner or the
appropriate federal banking agency,

SB3733 Enrolled - 1020 - LRB096 19592 AMC 34984 b
(A) the State or national bank or insured savings
association is not likely to be able to meet the
demands of the State or national bank's or savings
association's obligations in the normal course of
business; and
(B) there is no reasonable prospect that the State
or national bank or insured savings association will be
able to meet those demands or pay those obligations
without federal assistance; or
(2) in the opinion of the Commissioner or the
appropriate federal banking agency,
(A) the State or national bank or insured savings
association has incurred or is likely to incur losses
that will deplete all or substantially all of its
capital; and
(B) there is no reasonable prospect that the
capital of the State or national bank or insured
savings association will be replenished without
federal assistance.
"In default" means, with respect to a State or national
bank or an insured savings association, any adjudication or
other official determination by any court of competent
jurisdiction, the Commissioner, the appropriate federal
banking agency, or other public authority pursuant to which a
conservator, receiver, or other legal custodian is appointed
for a State or national bank or an insured savings association.

SB3733 Enrolled - 1021 - LRB096 19592 AMC 34984 b
"Insured savings association" means any federal savings
association chartered under Section 5 of the federal Home
Owners' Loan Act and any State savings association chartered
under the Illinois Savings and Loan Act of 1985 or a
predecessor Illinois statute, the deposits of which are insured
by the Federal Deposit Insurance Corporation. The term also
includes a savings bank organized or operating under the
Savings Bank Act.
"Insured savings association in recovery" means an insured
savings association that is not an eligible depository
institution and that does not meet the minimum capital
requirements applicable with respect to the insured savings
association.
"Issuer" means for purposes of Section 33 every person who
shall have issued or proposed to issue any security; except
that (1) with respect to certificates of deposit, voting trust
certificates, collateral-trust certificates, and certificates
of interest or shares in an unincorporated investment trust not
having a board of directors (or persons performing similar
functions), "issuer" means the person or persons performing the
acts and assuming the duties of depositor or manager pursuant
to the provisions of the trust, agreement, or instrument under
which the securities are issued; (2) with respect to trusts
other than those specified in clause (1) above, where the
trustee is a corporation authorized to accept and execute
trusts, "issuer" means the entrusters, depositors, or creators

SB3733 Enrolled - 1022 - LRB096 19592 AMC 34984 b
of the trust and any manager or committee charged with the
general direction of the affairs of the trust pursuant to the
provisions of the agreement or instrument creating the trust;
and (3) with respect to equipment trust certificates or like
securities, "issuer" means the person to whom the equipment or
property is or is to be leased or conditionally sold.
"Letter of credit" and "customer" shall have the meanings
ascribed to those terms in Section 5-102 of the Uniform
Commercial Code.
"Main banking premises" means the location that is
designated in a bank's charter as its main office.
"Maker or obligor" means for purposes of Section 33 the
issuer of a security, the promisor in a debenture or other debt
security, or the mortgagor or grantor of a trust deed or
similar conveyance of a security interest in real or personal
property.
"Merged bank" means a merging bank that is not the
continuing, resulting, or surviving bank in a consolidation or
merger.
"Merger" includes consolidation.
"Merging bank" means a party to a bank merger.
"Merging trust company" means a trust company party to a
merger with a State bank.
"Mid-tier bank holding company" means a corporation that
(a) owns 100% of the issued and outstanding shares of each
class of stock of a State bank, (b) has no other subsidiaries,

SB3733 Enrolled - 1023 - LRB096 19592 AMC 34984 b
and (c) 100% of the issued and outstanding shares of the
corporation are owned by a parent bank holding company.
"Municipality" means any municipality, political
subdivision, school district, taxing district, or agency.
"National bank" means a national banking association
located in this State and after May 31, 1997, means a national
banking association without regard to its location.
"Out-of-state bank" means a bank chartered under the laws
of a state other than Illinois, a territory of the United
States, or the District of Columbia.
"Parent bank holding company" means a corporation that is a
bank holding company as that term is defined in the Illinois
Bank Holding Company Act of 1957 and owns 100% of the issued
and outstanding shares of a mid-tier bank holding company.
"Person" means an individual, corporation, limited
liability company, partnership, joint venture, trust, estate,
or unincorporated association.
"Public agency" means the State of Illinois, the various
counties, townships, cities, towns, villages, school
districts, educational service regions, special road
districts, public water supply districts, fire protection
districts, drainage districts, levee districts, sewer
districts, housing authorities, the Illinois Bank Examiners'
Education Foundation, the Chicago Park District, and all other
political corporations or subdivisions of the State of
Illinois, whether now or hereafter created, whether herein

SB3733 Enrolled - 1024 - LRB096 19592 AMC 34984 b
specifically mentioned or not, and shall also include any other
state or any political corporation or subdivision of another
state.
"Public funds" or "public money" means current operating
funds, special funds, interest and sinking funds, and funds of
any kind or character belonging to, in the custody of, or
subject to the control or regulation of the United States or a
public agency. "Public funds" or "public money" shall include
funds held by any of the officers, agents, or employees of the
United States or of a public agency in the course of their
official duties and, with respect to public money of the United
States, shall include Postal Savings funds.
"Published" means, unless the context requires otherwise,
the publishing of the notice or instrument referred to in some
newspaper of general circulation in the community in which the
bank is located at least once each week for 3 successive weeks.
Publishing shall be accomplished by, and at the expense of, the
bank required to publish. Where publishing is required, the
bank shall submit to the Commissioner that evidence of the
publication as the Commissioner shall deem appropriate.
"Qualified financial contract" means any security
contract, commodity contract, forward contract, including spot
and forward foreign exchange contracts, repurchase agreement,
swap agreement, and any similar agreement, any option to enter
into any such agreement, including any combination of the
foregoing, and any master agreement for such agreements. A

SB3733 Enrolled - 1025 - LRB096 19592 AMC 34984 b
master agreement, together with all supplements thereto, shall
be treated as one qualified financial contract. The contract,
option, agreement, or combination of contracts, options, or
agreements shall be reflected upon the books, accounts, or
records of the bank, or a party to the contract shall provide
documentary evidence of such agreement.
"Recorded" means the filing or recording of the notice or
instrument referred to in the office of the Recorder of the
county wherein the bank is located.
"Resulting bank" means the bank resulting from a merger or
conversion.
"Secretary" means the Secretary of Financial and
Professional Regulation, or a person authorized by the
Secretary or by this Act to act in the Secretary's stead.
"Securities" means stocks, bonds, debentures, notes, or
other similar obligations.
"Stand-by letter of credit" means a letter of credit under
which drafts are payable upon the condition the customer has
defaulted in performance of a duty, liability, or obligation.
"State bank" means any banking corporation that has a
banking charter issued by the Commissioner under this Act.
"State Banking Board" means the State Banking Board of
Illinois.
"Subsidiary" with respect to a specified company means a
company that is controlled by the specified company. For
purposes of paragraphs (8) and (12) of Section 5 of this Act,

SB3733 Enrolled - 1026 - LRB096 19592 AMC 34984 b
"control" means the exercise of operational or managerial
control of a corporation by the bank, either alone or together
with other affiliates of the bank.
"Surplus" means the aggregate of (i) amounts paid in excess
of the par value of capital stock and preferred stock; (ii)
amounts contributed other than for capital stock and preferred
stock and allocated to the surplus account; and (iii) amounts
transferred from undivided profits.
"Tier 1 Capital" and "Tier 2 Capital" have the meanings
assigned to those terms in regulations promulgated for the
appropriate federal banking agency of a state bank, as those
regulations are now or hereafter amended.
"Trust company" means a limited liability company or
corporation incorporated in this State for the purpose of
accepting and executing trusts.
"Undivided profits" means undistributed earnings less
discretionary transfers to surplus.
"Unimpaired capital and unimpaired surplus", for the
purposes of paragraph (21) of Section 5 and Sections 32, 33,
34, 35.1, 35.2, and 47 of this Act means the sum of the state
bank's Tier 1 Capital and Tier 2 Capital plus such other
shareholder equity as may be included by regulation of the
Commissioner. Unimpaired capital and unimpaired surplus shall
be calculated on the basis of the date of the last quarterly
call report filed with the Commissioner preceding the date of
the transaction for which the calculation is made, provided

SB3733 Enrolled - 1027 - LRB096 19592 AMC 34984 b
that: (i) when a material event occurs after the date of the
last quarterly call report filed with the Commissioner that
reduces or increases the bank's unimpaired capital and
unimpaired surplus by 10% or more, then the unimpaired capital
and unimpaired surplus shall be calculated from the date of the
material event for a transaction conducted after the date of
the material event; and (ii) if the Commissioner determines for
safety and soundness reasons that a state bank should calculate
unimpaired capital and unimpaired surplus more frequently than
provided by this paragraph, the Commissioner may by written
notice direct the bank to calculate unimpaired capital and
unimpaired surplus at a more frequent interval. In the case of
a state bank newly chartered under Section 13 or a state bank
resulting from a merger, consolidation, or conversion under
Sections 21 through 26 for which no preceding quarterly call
report has been filed with the Commissioner, unimpaired capital
and unimpaired surplus shall be calculated for the first
calendar quarter on the basis of the effective date of the
charter, merger, consolidation, or conversion.
(Source: P.A. 95-924, eff. 8-26-08; 95-1047, eff. 4-6-09;
revised 4-14-09.)
Section 355. The Residential Mortgage License Act of 1987
is amended by changing Sections 1-4, 2-2, 2-6, and 4-1 as
follows:

SB3733 Enrolled - 1028 - LRB096 19592 AMC 34984 b
(205 ILCS 635/1-4)
Sec. 1-4. Definitions.
(a) "Residential real property" or "residential real
estate" shall mean any real property located in Illinois, upon
which is constructed or intended to be constructed a dwelling.
(b) "Making a residential mortgage loan" or "funding a
residential mortgage loan" shall mean for compensation or gain,
either directly or indirectly, advancing funds or making a
commitment to advance funds to a loan applicant for a
residential mortgage loan.
(c) "Soliciting, processing, placing, or negotiating a
residential mortgage loan" shall mean for compensation or gain,
either directly or indirectly, accepting or offering to accept
an application for a residential mortgage loan, assisting or
offering to assist in the processing of an application for a
residential mortgage loan on behalf of a borrower, or
negotiating or offering to negotiate the terms or conditions of
a residential mortgage loan with a lender on behalf of a
borrower including, but not limited to, the submission of
credit packages for the approval of lenders, the preparation of
residential mortgage loan closing documents, including a
closing in the name of a broker.
(d) "Exempt person or entity" shall mean the following:
(1) (i) Any banking organization or foreign banking
corporation licensed by the Illinois Commissioner of Banks
and Real Estate or the United States Comptroller of the

SB3733 Enrolled - 1029 - LRB096 19592 AMC 34984 b
Currency to transact business in this State; (ii) any
national bank, federally chartered savings and loan
association, federal savings bank, federal credit union;
(iii) any pension trust, bank trust, or bank trust company;
(iv) any bank, savings and loan association, savings bank,
or credit union organized under the laws of this or any
other state; (v) any Illinois Consumer Installment Loan Act
licensee; (vi) any insurance company authorized to
transact business in this State; (vii) any entity engaged
solely in commercial mortgage lending; (viii) any service
corporation of a savings and loan association or savings
bank organized under the laws of this State or the service
corporation of a federally chartered savings and loan
association or savings bank having its principal place of
business in this State, other than a service corporation
licensed or entitled to reciprocity under the Real Estate
License Act of 2000; or (ix) any first tier subsidiary of a
bank, the charter of which is issued under the Illinois
Banking Act by the Illinois Commissioner of Banks and Real
Estate, or the first tier subsidiary of a bank chartered by
the United States Comptroller of the Currency and that has
its principal place of business in this State, provided
that the first tier subsidiary is regularly examined by the
Illinois Commissioner of Banks and Real Estate or the
Comptroller of the Currency, or a consumer compliance
examination is regularly conducted by the Federal Reserve

SB3733 Enrolled - 1030 - LRB096 19592 AMC 34984 b
Board.
(1.5) Any employee of a person or entity mentioned in
item (1) of this subsection, when acting for such person or
entity, or any registered mortgage loan originator when
acting for an entity described in subsection (tt) of this
Section.
(2) Any person or entity that does not originate
mortgage loans in the ordinary course of business making or
acquiring residential mortgage loans with his or her or its
own funds for his or her or its own investment without
intent to make, acquire, or resell more than 2 residential
mortgage loans in any one calendar year.
(3) Any person employed by a licensee to assist in the
performance of the activities regulated by this Act who is
compensated in any manner by only one licensee.
(4) (Blank).
(5) Any individual, corporation, partnership, or other
entity that originates, services, or brokers residential
mortgage loans, as these activities are defined in this
Act, and who or which receives no compensation for those
activities, subject to the Commissioner's regulations with
regard to the nature and amount of compensation.
(6) (Blank).
(e) "Licensee" or "residential mortgage licensee" shall
mean a person, partnership, association, corporation, or any
other entity who or which is licensed pursuant to this Act to

SB3733 Enrolled - 1031 - LRB096 19592 AMC 34984 b
engage in the activities regulated by this Act.
(f) "Mortgage loan" "residential mortgage loan" or "home
mortgage loan" shall mean any loan primarily for personal,
family, or household use that is secured by a mortgage, deed of
trust, or other equivalent consensual security interest on a
dwelling as defined in Section 103(v) of the federal Truth in
Lending Act, or residential real estate upon which is
constructed or intended to be constructed a dwelling.
(g) "Lender" shall mean any person, partnership,
association, corporation, or any other entity who either lends
or invests money in residential mortgage loans.
(h) "Ultimate equitable owner" shall mean a person who,
directly or indirectly, owns or controls an ownership interest
in a corporation, foreign corporation, alien business
organization, trust, or any other form of business organization
regardless of whether the person owns or controls the ownership
interest through one or more persons or one or more proxies,
powers of attorney, nominees, corporations, associations,
partnerships, trusts, joint stock companies, or other entities
or devices, or any combination thereof.
(i) "Residential mortgage financing transaction" shall
mean the negotiation, acquisition, sale, or arrangement for or
the offer to negotiate, acquire, sell, or arrange for, a
residential mortgage loan or residential mortgage loan
commitment.
(j) "Personal residence address" shall mean a street

SB3733 Enrolled - 1032 - LRB096 19592 AMC 34984 b
address and shall not include a post office box number.
(k) "Residential mortgage loan commitment" shall mean a
contract for residential mortgage loan financing.
(l) "Party to a residential mortgage financing
transaction" shall mean a borrower, lender, or loan broker in a
residential mortgage financing transaction.
(m) "Payments" shall mean payment of all or any of the
following: principal, interest and escrow reserves for taxes,
insurance and other related reserves, and reimbursement for
lender advances.
(n) "Commissioner" shall mean the Commissioner of Banks and
Real Estate, except that, beginning on April 6, 2009 (the
effective date of Public Act 95-1047) this amendatory Act of
the 95th General Assembly, all references in this Act to the
Commissioner of Banks and Real Estate are deemed, in
appropriate contexts, to be references to the Secretary of
Financial and Professional Regulation, or his or her designee,
including the Director of the Division of Banking of the
Department of Financial and Professional Regulation.
(n-1) "Director" shall mean the Director of the Division of
Banking of the Department of Financial and Professional
Regulation, except that, beginning on July 31, 2009 (the
effective date of Public Act 96-112) this amendatory Act of the
96th General Assembly, all references in this Act to the
Director are deemed, in appropriate contexts, to be the
Secretary of Financial and Professional Regulation, or his or

SB3733 Enrolled - 1033 - LRB096 19592 AMC 34984 b
her designee, including the Director of the Division of Banking
of the Department of Financial and Professional Regulation.
(o) "Loan brokering", "brokering", or "brokerage service"
shall mean the act of helping to obtain from another entity,
for a borrower, a loan secured by residential real estate
situated in Illinois or assisting a borrower in obtaining a
loan secured by residential real estate situated in Illinois in
return for consideration to be paid by either the borrower or
the lender including, but not limited to, contracting for the
delivery of residential mortgage loans to a third party lender
and soliciting, processing, placing, or negotiating
residential mortgage loans.
(p) "Loan broker" or "broker" shall mean a person,
partnership, association, corporation, or limited liability
company, other than those persons, partnerships, associations,
corporations, or limited liability companies exempted from
licensing pursuant to Section 1-4, subsection (d), of this Act,
who performs the activities described in subsections (c) and
(o) of this Section.
(q) "Servicing" shall mean the collection or remittance for
or the right or obligation to collect or remit for any lender,
noteowner, noteholder, or for a licensee's own account, of
payments, interests, principal, and trust items such as hazard
insurance and taxes on a residential mortgage loan in
accordance with the terms of the residential mortgage loan; and
includes loan payment follow-up, delinquency loan follow-up,

SB3733 Enrolled - 1034 - LRB096 19592 AMC 34984 b
loan analysis and any notifications to the borrower that are
necessary to enable the borrower to keep the loan current and
in good standing.
(r) "Full service office" shall mean an office, provided by
the licensee and not subleased from the licensee's employees,
and staff in Illinois reasonably adequate to handle efficiently
communications, questions, and other matters relating to any
application for, or an existing home mortgage secured by
residential real estate situated in Illinois with respect to
which the licensee is brokering, funding originating,
purchasing, or servicing. The management and operation of each
full service office must include observance of good business
practices such as adequate, organized, and accurate books and
records; ample phone lines, hours of business, staff training
and supervision, and provision for a mechanism to resolve
consumer inquiries, complaints, and problems. The Commissioner
shall issue regulations with regard to these requirements and
shall include an evaluation of compliance with this Section in
his or her periodic examination of each licensee.
(s) "Purchasing" shall mean the purchase of conventional or
government-insured mortgage loans secured by residential real
estate situated in Illinois from either the lender or from the
secondary market.
(t) "Borrower" shall mean the person or persons who seek
the services of a loan broker, originator, or lender.
(u) "Originating" shall mean the issuing of commitments for

SB3733 Enrolled - 1035 - LRB096 19592 AMC 34984 b
and funding of residential mortgage loans.
(v) "Loan brokerage agreement" shall mean a written
agreement in which a broker or loan broker agrees to do either
of the following:
(1) obtain a residential mortgage loan for the borrower
or assist the borrower in obtaining a residential mortgage
loan; or
(2) consider making a residential mortgage loan to the
borrower.
(w) "Advertisement" shall mean the attempt by publication,
dissemination, or circulation to induce, directly or
indirectly, any person to enter into a residential mortgage
loan agreement or residential mortgage loan brokerage
agreement relative to a mortgage secured by residential real
estate situated in Illinois.
(x) "Residential Mortgage Board" shall mean the
Residential Mortgage Board created in Section 1-5 of this Act.
(y) "Government-insured mortgage loan" shall mean any
mortgage loan made on the security of residential real estate
insured by the Department of Housing and Urban Development or
Farmers Home Loan Administration, or guaranteed by the Veterans
Administration.
(z) "Annual audit" shall mean a certified audit of the
licensee's books and records and systems of internal control
performed by a certified public accountant in accordance with
generally accepted accounting principles and generally

SB3733 Enrolled - 1036 - LRB096 19592 AMC 34984 b
accepted auditing standards.
(aa) "Financial institution" shall mean a savings and loan
association, savings bank, credit union, or a bank organized
under the laws of Illinois or a savings and loan association,
savings bank, credit union or a bank organized under the laws
of the United States and headquartered in Illinois.
(bb) "Escrow agent" shall mean a third party, individual or
entity charged with the fiduciary obligation for holding escrow
funds on a residential mortgage loan pending final payout of
those funds in accordance with the terms of the residential
mortgage loan.
(cc) "Net worth" shall have the meaning ascribed thereto in
Section 3-5 of this Act.
(dd) "Affiliate" shall mean:
(1) any entity that directly controls or is controlled
by the licensee and any other company that is directly
affecting activities regulated by this Act that is
controlled by the company that controls the licensee;
(2) any entity:
(A) that is controlled, directly or indirectly, by
a trust or otherwise, by or for the benefit of
shareholders who beneficially or otherwise control,
directly or indirectly, by trust or otherwise, the
licensee or any company that controls the licensee; or
(B) a majority of the directors or trustees of
which constitute a majority of the persons holding any

SB3733 Enrolled - 1037 - LRB096 19592 AMC 34984 b
such office with the licensee or any company that
controls the licensee;
(3) any company, including a real estate investment
trust, that is sponsored and advised on a contractual basis
by the licensee or any subsidiary or affiliate of the
licensee.
The Commissioner may define by rule and regulation any
terms used in this Act for the efficient and clear
administration of this Act.
(ee) "First tier subsidiary" shall be defined by regulation
incorporating the comparable definitions used by the Office of
the Comptroller of the Currency and the Illinois Commissioner
of Banks and Real Estate.
(ff) "Gross delinquency rate" means the quotient
determined by dividing (1) the sum of (i) the number of
government-insured residential mortgage loans funded or
purchased by a licensee in the preceding calendar year that are
delinquent and (ii) the number of conventional residential
mortgage loans funded or purchased by the licensee in the
preceding calendar year that are delinquent by (2) the sum of
(i) the number of government-insured residential mortgage
loans funded or purchased by the licensee in the preceding
calendar year and (ii) the number of conventional residential
mortgage loans funded or purchased by the licensee in the
preceding calendar year.
(gg) "Delinquency rate factor" means the factor set by rule

SB3733 Enrolled - 1038 - LRB096 19592 AMC 34984 b
of the Commissioner that is multiplied by the average gross
delinquency rate of licensees, determined annually for the
immediately preceding calendar year, for the purpose of
determining which licensees shall be examined by the
Commissioner pursuant to subsection (b) of Section 4-8 of this
Act.
(hh) "Loan originator" means any natural person who, for
compensation or in the expectation of compensation, either
directly or indirectly makes, offers to make, solicits, places,
or negotiates a residential mortgage loan. This definition
applies only to Section 7-1 of this Act.
(ii) "Confidential supervisory information" means any
report of examination, visitation, or investigation prepared
by the Commissioner under this Act, any report of examination
visitation, or investigation prepared by the state regulatory
authority of another state that examines a licensee, any
document or record prepared or obtained in connection with or
relating to any examination, visitation, or investigation, and
any record prepared or obtained by the Commissioner to the
extent that the record summarizes or contains information
derived from any report, document, or record described in this
subsection. "Confidential supervisory information" does not
include any information or record routinely prepared by a
licensee and maintained in the ordinary course of business or
any information or record that is required to be made publicly
available pursuant to State or federal law or rule.

SB3733 Enrolled - 1039 - LRB096 19592 AMC 34984 b
(jj) "Mortgage loan originator" means an individual who for
compensation or gain or in the expectation of compensation or
gain:
(i) takes a residential mortgage loan application; or
(ii) offers or negotiates terms of a residential
mortgage loan.
"Mortgage loan originator" does not include an individual
engaged solely as a loan processor or underwriter except as
otherwise provided in subsection (d) of Section 7-1A of this
Act.
"Mortgage loan originator" does not include a person or
entity that only performs real estate brokerage activities and
is licensed in accordance with the Real Estate License Act of
2000, unless the person or entity is compensated by a lender, a
mortgage broker, or other mortgage loan originator, or by any
agent of that lender, mortgage broker, or other mortgage loan
originator.
"Mortgage loan originator" does not include a person or
entity solely involved in extensions of credit relating to
timeshare plans, as that term is defined in Section 101(53D) of
Title 11, United States Code.
(kk) "Depository institution" has the same meaning as in
Section 3 of the Federal Deposit Insurance Act, and includes
any credit union.
(ll) "Dwelling" means a residential structure or mobile
home which contains one to 4 family housing units, or

SB3733 Enrolled - 1040 - LRB096 19592 AMC 34984 b
individual units of condominiums or cooperatives.
(mm) "Immediate family member" means a spouse, child,
sibling, parent, grandparent, or grandchild, and includes
step-parents, step-children, step-siblings, or adoptive
relationships.
(nn) "Individual" means a natural person.
(oo) "Loan processor or underwriter" means an individual
who performs clerical or support duties as an employee at the
direction of and subject to the supervision and instruction of
a person licensed, or exempt from licensing, under this Act.
"Clerical or support duties" includes subsequent to the receipt
of an application:
(i) the receipt, collection, distribution, and
analysis of information common for the processing or
underwriting of a residential mortgage loan; and
(ii) communicating with a consumer to obtain the
information necessary for the processing or underwriting
of a loan, to the extent that the communication does not
include offering or negotiating loan rates or terms, or
counseling consumers about residential mortgage loan rates
or terms. An individual engaging solely in loan processor
or underwriter activities shall not represent to the
public, through advertising or other means of
communicating or providing information, including the use
of business cards, stationery, brochures, signs, rate
lists, or other promotional items, that the individual can

SB3733 Enrolled - 1041 - LRB096 19592 AMC 34984 b
or will perform any of the activities of a mortgage loan
originator.
(pp) "Nationwide Mortgage Licensing System and Registry"
means a mortgage licensing system developed and maintained by
the Conference of State Bank Supervisors and the American
Association of Residential Mortgage Regulators for the
licensing and registration of licensed mortgage loan
originators.
(qq) "Nontraditional mortgage product" means any mortgage
product other than a 30-year fixed rate mortgage.
(rr) "Person" means a natural person, corporation,
company, limited liability company, partnership, or
association.
(ss) "Real estate brokerage activity" means any activity
that involves offering or providing real estate brokerage
services to the public, including:
(1) acting as a real estate agent or real estate broker
for a buyer, seller, lessor, or lessee of real property;
(2) bringing together parties interested in the sale,
purchase, lease, rental, or exchange of real property;
(3) negotiating, on behalf of any party, any portion of
a contract relating to the sale, purchase, lease, rental,
or exchange of real property, other than in connection with
providing financing with respect to any such transaction;
(4) engaging in any activity for which a person engaged
in the activity is required to be registered or licensed as

SB3733 Enrolled - 1042 - LRB096 19592 AMC 34984 b
a real estate agent or real estate broker under any
applicable law; or
(5) offering to engage in any activity, or act in any
capacity, described in this subsection (ss).
(tt) "Registered mortgage loan originator" means any
individual that:
(1) meets the definition of mortgage loan originator
and is an employee of:
(A) a depository institution;
(B) a subsidiary that is:
(i) owned and controlled by a depository
institution; and
(ii) regulated by a federal banking agency; or
(C) an institution regulated by the Farm Credit
Administration; and
(2) is registered with, and maintains a unique
identifier through, the Nationwide Mortgage Licensing
System and Registry.
(uu) "Unique identifier" means a number or other identifier
assigned by protocols established by the Nationwide Mortgage
Licensing System and Registry.
(vv) "Residential mortgage license" means a license issued
pursuant to Section 1-3, 2-2, or 2-6 of this Act.
(ww) "Mortgage loan originator license" means a license
issued pursuant to Section 7-1A, 7-3, or 7-6 of this Act.
(xx) (jj) "Secretary" means the Secretary of the Department

SB3733 Enrolled - 1043 - LRB096 19592 AMC 34984 b
of Financial and Professional Regulation, or a person
authorized by the Secretary or by this Act to act in the
Secretary's stead.
(Source: P.A. 95-1047, eff. 4-6-09; 96-112, eff. 7-31-09;
revised 8-20-09.)
(205 ILCS 635/2-2)
Sec. 2-2. Application process; investigation; fee.
(a) The Secretary shall issue a license upon completion of
all of the following:
(1) The filing of an application for license with the
Director or the Nationwide Mortgage Licensing System and
Registry as approved by the Director.
(2) The filing with the Secretary of a listing of
judgments entered against, and bankruptcy petitions by,
the license applicant for the preceding 10 years.
(3) The payment, in certified funds, of investigation
and application fees, the total of which shall be in an
amount equal to $2,043 annually. To comply with the common
renewal date and requirements of the Nationwide Mortgage
Licensing System and Registry, the term of initial licenses
may be extended or shortened with applicable fees prorated
or combined accordingly.
(4) Except for a broker applying to renew a license,
the filing of an audited balance sheet including all
footnotes prepared by a certified public accountant in

SB3733 Enrolled - 1044 - LRB096 19592 AMC 34984 b
accordance with generally accepted accounting principles
and generally accepted auditing principles which evidences
that the applicant meets the net worth requirements of
Section 3-5.
(5) The filing of proof satisfactory to the
Commissioner that the applicant, the members thereof if the
applicant is a partnership or association, the members or
managers thereof that retain any authority or
responsibility under the operating agreement if the
applicant is a limited liability company, or the officers
thereof if the applicant is a corporation have 3 years
experience preceding application in real estate finance.
Instead of this requirement, the applicant and the
applicant's officers or members, as applicable, may
satisfactorily complete a program of education in real
estate finance and fair lending, as approved by the
Commissioner, prior to receiving the initial license. The
Commissioner shall promulgate rules regarding proof of
experience requirements and educational requirements and
the satisfactory completion of those requirements. The
Commissioner may establish by rule a list of duly licensed
professionals and others who may be exempt from this
requirement.
(6) An investigation of the averments required by
Section 2-4, which investigation must allow the
Commissioner to issue positive findings stating that the

SB3733 Enrolled - 1045 - LRB096 19592 AMC 34984 b
financial responsibility, experience, character, and
general fitness of the license applicant and of the members
thereof if the license applicant is a partnership or
association, of the officers and directors thereof if the
license applicant is a corporation, and of the managers and
members that retain any authority or responsibility under
the operating agreement if the license applicant is a
limited liability company are such as to command the
confidence of the community and to warrant belief that the
business will be operated honestly, fairly and efficiently
within the purpose of this Act. If the Commissioner shall
not so find, he or she shall not issue such license, and he
or she shall notify the license applicant of the denial.
The Commissioner may impose conditions on a license if the
Commissioner determines that the conditions are necessary or
appropriate. These conditions shall be imposed in writing and
shall continue in effect for the period prescribed by the
Commissioner.
(b) All licenses shall be issued to the license applicant.
Upon receipt of such license, a residential mortgage
licensee shall be authorized to engage in the business
regulated by this Act. Such license shall remain in full force
and effect until it expires without renewal, is surrendered by
the licensee or revoked or suspended as hereinafter provided.
(Source: P.A. 95-1047, eff. 4-6-09; 96-112, eff. 7-31-09;
revised 8-20-09.)

SB3733 Enrolled - 1046 - LRB096 19592 AMC 34984 b
(205 ILCS 635/2-6)
Sec. 2-6. License issuance and renewal; fee.
(a) Beginning July 1, 2003, licenses shall be renewed every
year on the anniversary of the date of issuance of the original
license, or the common renewal date of the Nationwide Mortgage
Licensing System and Registry as adopted by the Director. To
comply with the common renewal date of the Nationwide Mortgage
Licensing System and Registry, the term of existing licenses
may be extended or shortened with applicable fees prorated
accordingly. Properly completed renewal application forms and
filing fees must be received by the Secretary 60 days prior to
the renewal date.
(b) It shall be the responsibility of each licensee to
accomplish renewal of its license; failure of the licensee to
receive renewal forms absent a request sent by certified mail
for such forms will not waive said responsibility. Failure by a
licensee to submit a properly completed renewal application
form and fees in a timely fashion, absent a written extension
from the Secretary, will result in the assessment of additional
fees, as follows:
(1) A fee of $567.50 will be assessed to the licensee
30 days after the proper renewal date and $1,135 each month
thereafter, until the license is either renewed or expires
pursuant to Section 2-6, subsections (c) and (d), of this
Act.

SB3733 Enrolled - 1047 - LRB096 19592 AMC 34984 b
(2) Such fee will be assessed without prior notice to
the licensee, but will be assessed only in cases wherein
the Secretary has in his or her possession documentation of
the licensee's continuing activity for which the unrenewed
license was issued.
(c) A license which is not renewed by the date required in
this Section shall automatically become inactive. No activity
regulated by this Act shall be conducted by the licensee when a
license becomes inactive. The Commissioner may require the
licensee to provide a plan for the disposition of any
residential mortgage loans not closed or funded when the
license becomes inactive. The Commissioner may allow a licensee
with an inactive license to conduct activities regulated by
this Act for the sole purpose of assisting borrowers in the
closing or funding of loans for which the loan application was
taken from a borrower while the license was active. An inactive
license may be reactivated by the Commissioner upon payment of
the renewal fee, and payment of a reactivation fee equal to the
renewal fee.
(d) A license which is not renewed within one year of
becoming inactive shall expire.
(e) A licensee ceasing an activity or activities regulated
by this Act and desiring to no longer be licensed shall so
inform the Commissioner in writing and, at the same time,
convey the license and all other symbols or indicia of
licensure. The licensee shall include a plan for the withdrawal

SB3733 Enrolled - 1048 - LRB096 19592 AMC 34984 b
from regulated business, including a timetable for the
disposition of the business, and comply with the surrender
guidelines or requirements of the Director. Upon receipt of
such written notice, the Commissioner shall post the
cancellation or issue a certified statement canceling the
license.
(Source: P.A. 95-1047, eff. 4-6-09; 96-112, eff. 7-31-09;
revised 8-20-09.)
(205 ILCS 635/4-1) (from Ch. 17, par. 2324-1)
Sec. 4-1. Commissioner of Banks and Real Estate; functions,
powers, and duties. The functions, powers, and duties of the
Commissioner of Banks and Real Estate shall include the
following:
(a) to issue or refuse to issue any license as provided
by this Act;
(b) to revoke or suspend for cause any license issued
under this Act;
(c) to keep records of all licenses issued under this
Act;
(d) to receive, consider, investigate, and act upon
complaints made by any person in connection with any
residential mortgage licensee in this State;
(e) to consider and act upon any recommendations from
the Residential Mortgage Board;
(f) to prescribe the forms of and receive:

SB3733 Enrolled - 1049 - LRB096 19592 AMC 34984 b
(1) applications for licenses; and
(2) all reports and all books and records required
to be made by any licensee under this Act, including
annual audited financial statements and annual reports
of mortgage activity;
(g) to adopt rules and regulations necessary and proper
for the administration of this Act;
(h) to subpoena documents and witnesses and compel
their attendance and production, to administer oaths, and
to require the production of any books, papers, or other
materials relevant to any inquiry authorized by this Act;
(h-1) to issue orders against any person, if the
Commissioner has reasonable cause to believe that an
unsafe, unsound, or unlawful practice has occurred, is
occurring, or is about to occur, if any person has
violated, is violating, or is about to violate any law,
rule, or written agreement with the Commissioner, or for
the purpose of administering the provisions of this Act and
any rule adopted in accordance with the Act;
(h-2) to address any inquiries to any licensee, or the
officers thereof, in relation to its activities and
conditions, or any other matter connected with its affairs,
and it shall be the duty of any licensee or person so
addressed, to promptly reply in writing to such inquiries.
The Commissioner may also require reports from any licensee
at any time the Commissioner may deem desirable;

SB3733 Enrolled - 1050 - LRB096 19592 AMC 34984 b
(i) to require information with regard to any license
applicant as he or she may deem desirable, with due regard
to the paramount interests of the public as to the
experience, background, honesty, truthfulness, integrity,
and competency of the license applicant as to financial
transactions involving primary or subordinate mortgage
financing, and where the license applicant is an entity
other than an individual, as to the honesty, truthfulness,
integrity, and competency of any officer or director of the
corporation, association, or other entity, or the members
of a partnership;
(j) to examine the books and records of every licensee
under this Act at intervals as specified in Section 4-2;
(k) to enforce provisions of this Act;
(l) to levy fees, fines, and charges for services
performed in administering this Act; the aggregate of all
fees collected by the Commissioner on and after the
effective date of this Act shall be paid promptly after
receipt of the same, accompanied by a detailed statement
thereof, into the Savings and Residential Finance
Regulatory Fund; the amounts deposited into that Fund shall
be used for the ordinary and contingent expenses of the
Office of Banks and Real Estate. Nothing in this Act shall
prevent continuing the practice of paying expenses
involving salaries, retirement, social security, and
State-paid insurance of State officers by appropriation

SB3733 Enrolled - 1051 - LRB096 19592 AMC 34984 b
from the General Revenue Fund.
(m) to appoint examiners, supervisors, experts, and
special assistants as needed to effectively and
efficiently administer this Act;
(n) to conduct hearings for the purpose of:
(1) appeals of orders of the Commissioner;
(2) suspensions or revocations of licenses, or
fining of licensees;
(3) investigating:
(i) complaints against licensees; or
(ii) annual gross delinquency rates; and
(4) carrying out the purposes of this Act;
(o) to exercise exclusive visitorial power over a
licensee unless otherwise authorized by this Act or as
vested in the courts, or upon prior consultation with the
Commissioner, a foreign residential mortgage regulator
with an appropriate supervisory interest in the parent or
affiliate of a licensee;
(p) to enter into cooperative agreements with state
regulatory authorities of other states to provide for
examination of corporate offices or branches of those
states and to accept reports of such examinations;
(q) to assign an examiner or examiners to monitor the
affairs of a licensee with whatever frequency the
Commissioner determines appropriate and to charge the
licensee for reasonable and necessary expenses of the

SB3733 Enrolled - 1052 - LRB096 19592 AMC 34984 b
Commissioner, if in the opinion of the Commissioner an
emergency exists or appears likely to occur; and
(r) to impose civil penalties of up to $50 per day
against a licensee for failing to respond to a regulatory
request or reporting requirement; and .
(s) to enter into agreements in connection with the
Nationwide Mortgage Licensing System and Registry.
(Source: P.A. 96-112, eff. 7-31-09; revised 11-3-09.)
Section 360. The Alternative Health Care Delivery Act is
amended by changing Section 30 as follows:
(210 ILCS 3/30)
Sec. 30. Demonstration program requirements. The
requirements set forth in this Section shall apply to
demonstration programs.
(a) There shall be no more than:
(i) 3 subacute care hospital alternative health care
models in the City of Chicago (one of which shall be
located on a designated site and shall have been licensed
as a hospital under the Illinois Hospital Licensing Act
within the 10 years immediately before the application for
a license);
(ii) 2 subacute care hospital alternative health care
models in the demonstration program for each of the
following areas:

SB3733 Enrolled - 1053 - LRB096 19592 AMC 34984 b
(1) Cook County outside the City of Chicago.
(2) DuPage, Kane, Lake, McHenry, and Will
Counties.
(3) Municipalities with a population greater than
50,000 not located in the areas described in item (i)
of subsection (a) and paragraphs (1) and (2) of item
(ii) of subsection (a); and
(iii) 4 subacute care hospital alternative health care
models in the demonstration program for rural areas.
In selecting among applicants for these licenses in rural
areas, the Health Facilities and Services Review Board and the
Department shall give preference to hospitals that may be
unable for economic reasons to provide continued service to the
community in which they are located unless the hospital were to
receive an alternative health care model license.
(a-5) There shall be no more than the total number of
postsurgical recovery care centers with a certificate of need
for beds as of January 1, 2008.
(a-10) There shall be no more than a total of 9 children's
respite care center alternative health care models in the
demonstration program, which shall be located as follows:
(1) Two in the City of Chicago.
(2) One in Cook County outside the City of Chicago.
(3) A total of 2 in the area comprised of DuPage, Kane,
Lake, McHenry, and Will counties.
(4) A total of 2 in municipalities with a population of

SB3733 Enrolled - 1054 - LRB096 19592 AMC 34984 b
50,000 or more and not located in the areas described in
paragraphs (1), (2), or (3).
(5) A total of 2 in rural areas, as defined by the
Health Facilities and Services Review Board.
No more than one children's respite care model owned and
operated by a licensed skilled pediatric facility shall be
located in each of the areas designated in this subsection
(a-10).
(a-15) There shall be 2 authorized community-based
residential rehabilitation center alternative health care
models in the demonstration program.
(a-20) There shall be an authorized Alzheimer's disease
management center alternative health care model in the
demonstration program. The Alzheimer's disease management
center shall be located in Will County, owned by a
not-for-profit entity, and endorsed by a resolution approved by
the county board before the effective date of this amendatory
Act of the 91st General Assembly.
(a-25) There shall be no more than 10 birth center
alternative health care models in the demonstration program,
located as follows:
(1) Four in the area comprising Cook, DuPage, Kane,
Lake, McHenry, and Will counties, one of which shall be
owned or operated by a hospital and one of which shall be
owned or operated by a federally qualified health center.
(2) Three in municipalities with a population of 50,000

SB3733 Enrolled - 1055 - LRB096 19592 AMC 34984 b
or more not located in the area described in paragraph (1)
of this subsection, one of which shall be owned or operated
by a hospital and one of which shall be owned or operated
by a federally qualified health center.
(3) Three in rural areas, one of which shall be owned
or operated by a hospital and one of which shall be owned
or operated by a federally qualified health center.
The first 3 birth centers authorized to operate by the
Department shall be located in or predominantly serve the
residents of a health professional shortage area as determined
by the United States Department of Health and Human Services.
There shall be no more than 2 birth centers authorized to
operate in any single health planning area for obstetric
services as determined under the Illinois Health Facilities
Planning Act. If a birth center is located outside of a health
professional shortage area, (i) the birth center shall be
located in a health planning area with a demonstrated need for
obstetrical service beds, as determined by the Health
Facilities and Services Review Board or (ii) there must be a
reduction in the existing number of obstetrical service beds in
the planning area so that the establishment of the birth center
does not result in an increase in the total number of
obstetrical service beds in the health planning area.
(b) Alternative health care models, other than a model
authorized under subsection (a-10) or subsections (a-10) and
(a-20), shall obtain a certificate of need from the Health

SB3733 Enrolled - 1056 - LRB096 19592 AMC 34984 b
Facilities and Services Review Board under the Illinois Health
Facilities Planning Act before receiving a license by the
Department. If, after obtaining its initial certificate of
need, an alternative health care delivery model that is a
community based residential rehabilitation center seeks to
increase the bed capacity of that center, it must obtain a
certificate of need from the Health Facilities and Services
Review Board before increasing the bed capacity. Alternative
health care models in medically underserved areas shall receive
priority in obtaining a certificate of need.
(c) An alternative health care model license shall be
issued for a period of one year and shall be annually renewed
if the facility or program is in substantial compliance with
the Department's rules adopted under this Act. A licensed
alternative health care model that continues to be in
substantial compliance after the conclusion of the
demonstration program shall be eligible for annual renewals
unless and until a different licensure program for that type of
health care model is established by legislation, except that a
postsurgical recovery care center meeting the following
requirements may apply within 3 years after August 25, 2009
(the effective date of Public Act 96-669) this amendatory Act
of the 96th General Assembly for a Certificate of Need permit
to operate as a hospital:
(1) The postsurgical recovery care center shall apply
to the Illinois Health Facilities Planning Board for a

SB3733 Enrolled - 1057 - LRB096 19592 AMC 34984 b
Certificate of Need permit to discontinue the postsurgical
recovery care center and to establish a hospital.
(2) If the postsurgical recovery care center obtains a
Certificate of Need permit to operate as a hospital, it
shall apply for licensure as a hospital under the Hospital
Licensing Act and shall meet all statutory and regulatory
requirements of a hospital.
(3) After obtaining licensure as a hospital, any
license as an ambulatory surgical treatment center and any
license as a post-surgical recovery care center shall be
null and void.
(4) The former postsurgical recovery care center that
receives a hospital license must seek and use its best
efforts to maintain certification under Titles XVIII and
XIX of the federal Social Security Act.
The Department may issue a provisional license to any
alternative health care model that does not substantially
comply with the provisions of this Act and the rules adopted
under this Act if (i) the Department finds that the alternative
health care model has undertaken changes and corrections which
upon completion will render the alternative health care model
in substantial compliance with this Act and rules and (ii) the
health and safety of the patients of the alternative health
care model will be protected during the period for which the
provisional license is issued. The Department shall advise the
licensee of the conditions under which the provisional license

SB3733 Enrolled - 1058 - LRB096 19592 AMC 34984 b
is issued, including the manner in which the alternative health
care model fails to comply with the provisions of this Act and
rules, and the time within which the changes and corrections
necessary for the alternative health care model to
substantially comply with this Act and rules shall be
completed.
(d) Alternative health care models shall seek
certification under Titles XVIII and XIX of the federal Social
Security Act. In addition, alternative health care models shall
provide charitable care consistent with that provided by
comparable health care providers in the geographic area.
(d-5) The Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid), in cooperation
with the Illinois Department of Public Health, shall develop
and implement a reimbursement methodology for all facilities
participating in the demonstration program. The Department of
Healthcare and Family Services shall keep a record of services
provided under the demonstration program to recipients of
medical assistance under the Illinois Public Aid Code and shall
submit an annual report of that information to the Illinois
Department of Public Health.
(e) Alternative health care models shall, to the extent
possible, link and integrate their services with nearby health
care facilities.
(f) Each alternative health care model shall implement a
quality assurance program with measurable benefits and at

SB3733 Enrolled - 1059 - LRB096 19592 AMC 34984 b
reasonable cost.
(Source: P.A. 95-331, eff. 8-21-07; 95-445, eff. 1-1-08; 96-31,
eff. 6-30-09; 96-129, eff. 8-4-09; 96-669, eff. 8-25-09;
96-812, eff. 1-1-10; revised 11-4-09.)
Section 365. The Assisted Living and Shared Housing Act is
amended by changing Section 145 as follows:
(210 ILCS 9/145)
(Text of Section before amendment by P.A. 96-339)
Sec. 145. Conversion of facilities. Entities licensed as
facilities under the Nursing Home Care Act may elect to convert
to a license under this Act. Any facility that chooses to
convert, in whole or in part, shall follow the requirements in
the Nursing Home Care Act and rules promulgated under that Act
regarding voluntary closure and notice to residents. Any
conversion of existing beds licensed under the Nursing Home
Care Act to licensure under this Act is exempt from review by
the Health Facilities and Services Review Board.
(Source: P.A. 96-31, eff. 6-30-09.)
(Text of Section after amendment by P.A. 96-339)
Sec. 145. Conversion of facilities. Entities licensed as
facilities under the Nursing Home Care Act or the MR/DD
Community Care Act may elect to convert to a license under this
Act. Any facility that chooses to convert, in whole or in part,

SB3733 Enrolled - 1060 - LRB096 19592 AMC 34984 b
shall follow the requirements in the Nursing Home Care Act or
the MR/DD Community Care Act, as applicable, and rules
promulgated under those Acts regarding voluntary closure and
notice to residents. Any conversion of existing beds licensed
under the Nursing Home Care Act or the MR/DD Community Care Act
to licensure under this Act is exempt from review by the Health
Facilities and Services Review Board.
(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; revised
9-25-09.)
Section 370. The MR/DD Community Care Act is amended by
changing Sections 1-113, 2-101.1, 2-201, 3-206.03, 3-215,
3-305, 3-401, and 3-517 as follows:
(210 ILCS 47/1-113)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 1-113. Facility. "MR/DD facility" or "facility" means
an intermediate care facility for the developmentally disabled
or a long-term care for under age 22 facility, whether operated
for profit or not, which provides, through its ownership or
management, personal care or nursing for 3 or more persons not
related to the applicant or owner by blood or marriage. It
includes intermediate care facilities for the mentally
retarded as the term is defined in Title XVIII and Title XIX of
the federal Social Security Act.

SB3733 Enrolled - 1061 - LRB096 19592 AMC 34984 b
"Facility" does not include the following:
(1) A home, institution, or other place operated by the
federal government or agency thereof, or by the State of
Illinois, other than homes, institutions, or other places
operated by or under the authority of the Illinois
Department of Veterans' Affairs;
(2) A hospital, sanitarium, or other institution whose
principal activity or business is the diagnosis, care, and
treatment of human illness through the maintenance and
operation as organized facilities therefore, which is
required to be licensed under the Hospital Licensing Act;
(3) Any "facility for child care" as defined in the
Child Care Act of 1969;
(4) Any "community living facility" as defined in the
Community Living Facilities Licensing Act;
(5) Any "community residential alternative" as defined
in the Community Residential Alternatives Licensing Act;
(6) Any nursing home or sanatorium operated solely by
and for persons who rely exclusively upon treatment by
spiritual means through prayer, in accordance with the
creed or tenets of any well recognized church or religious
denomination. However, such nursing home or sanatorium
shall comply with all local laws and rules relating to
sanitation and safety;
(7) Any facility licensed by the Department of Human
Services as a community-integrated community integrated

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living arrangement as defined in the Community-Integrated
Community Integrated Living Arrangements Licensure and
Certification Act;
(8) Any "supportive residence" licensed under the
Supportive Residences Licensing Act;
(9) Any "supportive living facility" in good standing
with the program established under Section 5-5.01a of the
Illinois Public Aid Code, except only for purposes of the
employment of persons in accordance with Section 3-206.01;
(10) Any assisted living or shared housing
establishment licensed under the Assisted Living and
Shared Housing Act, except only for purposes of the
employment of persons in accordance with Section 3-206.01;
(11) An Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act; or
(12) A home, institution, or other place operated by or
under the authority of the Illinois Department of Veterans'
Affairs.
(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
(210 ILCS 47/2-101.1)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 2-101.1. Spousal impoverishment. All new residents
and their spouses shall be informed on admittance of their

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spousal impoverishment rights as defined at Section 5-4 of the
Illinois Public Aid Code, as now or hereafter amended and at
Section 303 of Title III of the Medicare Catastrophic Coverage
Act of 1988 (P.L. 100-360 100 360).
(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
(210 ILCS 47/2-201)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 2-201. Residents' funds. To protect the residents'
funds, the facility:
(1) Shall at the time of admission provide, in order of
priority, each resident, or the resident's guardian, if any, or
the resident's representative, if any, or the resident's
immediate family member, if any, with a written statement
explaining to the resident and to the resident's spouse (a)
their spousal impoverishment rights, as defined at Section 5-4
of the Illinois Public Aid Code, and at Section 303 of Title
III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
100-360 100 360), and (b) the resident's rights regarding
personal funds and listing the services for which the resident
will be charged. The facility shall obtain a signed
acknowledgment from each resident or the resident's guardian,
if any, or the resident's representative, if any, or the
resident's immediate family member, if any, that such person
has received the statement.

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(2) May accept funds from a resident for safekeeping and
managing, if it receives written authorization from, in order
of priority, the resident or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any; such authorization shall be
attested to by a witness who has no pecuniary interest in the
facility or its operations, and who is not connected in any way
to facility personnel or the administrator in any manner
whatsoever.
(3) Shall maintain and allow, in order of priority, each
resident or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, access to a written record of all financial
arrangements and transactions involving the individual
resident's funds.
(4) Shall provide, in order of priority, each resident, or
the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, with a written itemized statement at least
quarterly, of all financial transactions involving the
resident's funds.
(5) Shall purchase a surety bond, or otherwise provide
assurance satisfactory to the Departments of Public Health and
Financial and Professional Regulation that all residents'
personal funds deposited with the facility are secure against
loss, theft, and insolvency.

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(6) Shall keep any funds received from a resident for
safekeeping in an account separate from the facility's funds,
and shall at no time withdraw any part or all of such funds for
any purpose other than to return the funds to the resident upon
the request of the resident or any other person entitled to
make such request, to pay the resident his or her allowance, or
to make any other payment authorized by the resident or any
other person entitled to make such authorization.
(7) Shall deposit any funds received from a resident in
excess of $100 in an interest bearing account insured by
agencies of, or corporations chartered by, the State or federal
government. The account shall be in a form which clearly
indicates that the facility has only a fiduciary interest in
the funds and any interest from the account shall accrue to the
resident. The facility may keep up to $100 of a resident's
money in a non-interest-bearing account or petty cash fund, to
be readily available for the resident's current expenditures.
(8) Shall return to the resident, or the person who
executed the written authorization required in subsection (2)
of this Section, upon written request, all or any part of the
resident's funds given the facility for safekeeping, including
the interest accrued from deposits.
(9) Shall (a) place any monthly allowance to which a
resident is entitled in that resident's personal account, or
give it to the resident, unless the facility has written
authorization from the resident or the resident's guardian or

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if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a
personal needs allowance that is placed in a resident's
personal account is used exclusively by the resident or for the
benefit of the resident, and (c) where such funds are withdrawn
from the resident's personal account by any person other than
the resident, require such person to whom funds constituting
any part of a resident's personal needs allowance are released,
to execute an affidavit that such funds shall be used
exclusively for the benefit of the resident.
(10) Unless otherwise provided by State law, upon the death
of a resident, shall provide the executor or administrator of
the resident's estate with a complete accounting of all the
resident's personal property, including any funds of the
resident being held by the facility.
(11) If an adult resident is incapable of managing his or
her funds and does not have a resident's representative,
guardian, or an immediate family member, shall notify the
Office of the State Guardian of the Guardianship and Advocacy
Commission.
(12) If the facility is sold, shall provide the buyer with
a written verification by a public accountant of all residents'
monies and properties being transferred, and obtain a signed
receipt from the new owner.
(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)

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(210 ILCS 47/3-206.03)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 3-206.03. Resident attendants.
(a) As used in this Section, "resident attendant" means an
individual who assists residents in a facility with the
following activities:
(1) eating and drinking; and
(2) personal hygiene limited to washing a resident's
hands and face, brushing and combing a resident's hair,
oral hygiene, shaving residents with an electric razor, and
applying makeup.
The term "resident attendant" does not include an
individual who:
(1) is a licensed health professional or a registered
dietitian;
(2) volunteers without monetary compensation;
(3) is a nurse assistant; or
(4) performs any nursing or nursing related services
for residents of a facility.
(b) A facility may employ resident attendants to assist the
nurse aides with the activities authorized under subsection
(a). The resident attendants shall not count in the minimum
staffing requirements under rules implementing this Act.
(c) A facility may not use on a full time or other paid
basis any individual as a resident attendant in the facility

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unless the individual:
(1) has completed a training and competency evaluation
program encompassing the tasks the individual provides;
and
(2) is competent to provide feeding, hydration, and
personal hygiene services.
(d) The training and competency evaluation program may be
facility based. It may include one or more of the following
units:
(1) A feeding unit that is a maximum of 5 hours in
length.
(2) A hydration unit that is a maximum of 3 hours in
length.
(3) A personal hygiene unit that is a maximum of 5
hours in length. These programs must be reviewed and
approved by the Department every 2 years.
(e) (Blank).
(f) A person seeking employment as a resident attendant is
subject to the Health Care Worker Background Check Act.
(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
(210 ILCS 47/3-215)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 3-215. Annual report on facility by Department. The
Department shall make at least one report on each facility in

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the State annually, unless the facility has been issued a
2-year license under subsection (b) of Section 3-110 for which
the report shall be made every 2 years 2-years. All conditions
and practices not in compliance with applicable standards
within the report period shall be specifically stated. If a
violation is corrected or is subject to an approved plan of
correction, the same shall be specified in the report. The
Department shall send a copy to any person on receiving a
written request. The Department may charge a reasonable fee to
cover copying costs.
(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
(210 ILCS 47/3-305)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 3-305. Penalties or fines. The license of a facility
which is in violation of this Act or any rule adopted
thereunder may be subject to the penalties or fines levied by
the Department as specified in this Section.
(1) Unless a greater penalty or fine is allowed under
subsection (3), a licensee who commits a Type "A" violation
as defined in Section 1-129 is automatically issued a
conditional license for a period of 6 months to coincide
with an acceptable plan of correction and assessed a fine
computed at a rate of $5.00 per resident in the facility
plus 20 cents per resident for each day of the violation,

SB3733 Enrolled - 1070 - LRB096 19592 AMC 34984 b
commencing on the date a notice of the violation is served
under Section 3-301 and ending on the date the violation is
corrected, or a fine of not less than $5,000, or when
death, serious mental or physical harm, permanent
disability, or disfigurement results, a fine of not less
than $10,000, whichever is greater.
(2) A licensee who commits a Type "B" violation or who
is issued an administrative warning for a violation of
Sections 3-401 through 3-413 or the rules promulgated
thereunder is subject to a penalty computed at a rate of $3
per resident in the facility, plus 15 cents per resident
for each day of the violation, commencing on the date a
notice of the violation is served under Section 3-301 and
ending on the date the violation is corrected, or a fine
not less than $500, whichever is greater. Such fine shall
be assessed on the date of notice of the violation and
shall be suspended for violations that continue after such
date upon completion of a plan of correction in accordance
with Section 3-308 in relation to the assessment of fines
and correction. Failure to correct such violation within
the time period approved under a plan of correction shall
result in a fine and conditional license as provided under
subsection (5).
(3) A licensee who commits a Type "A" violation as
defined in Section 1-129 which continues beyond the time
specified in paragraph (a) of Section 3-303 3 303 which is

SB3733 Enrolled - 1071 - LRB096 19592 AMC 34984 b
cited as a repeat violation shall have its license revoked
and shall be assessed a fine of 3 times the fine computed
per resident per day under subsection (1).
(4) A licensee who fails to satisfactorily comply with
an accepted plan of correction for a Type "B" violation or
an administrative warning issued pursuant to Sections
3-401 through 3-413 or the rules promulgated thereunder
shall be automatically issued a conditional license for a
period of not less than 6 months. A second or subsequent
acceptable plan of correction shall be filed. A fine shall
be assessed in accordance with subsection (2) when cited
for the repeat violation. This fine shall be computed for
all days of the violation, including the duration of the
first plan of correction compliance time.
(5) For the purpose of computing a penalty under
subsections (2) through (4), the number of residents per
day shall be based on the average number of residents in
the facility during the 30 days preceding the discovery of
the violation.
(6) When the Department finds that a provision of
Article II has been violated with regard to a particular
resident, the Department shall issue an order requiring the
facility to reimburse the resident for injuries incurred,
or $100, whichever is greater. In the case of a violation
involving any action other than theft of money belonging to
a resident, reimbursement shall be ordered only if a

SB3733 Enrolled - 1072 - LRB096 19592 AMC 34984 b
provision of Article II has been violated with regard to
that or any other resident of the facility within the 2
years immediately preceding the violation in question.
(7) For purposes of assessing fines under this Section,
a repeat violation shall be a violation which has been
cited during one inspection of the facility for which an
accepted plan of correction was not complied with. A repeat
violation shall not be a new citation of the same rule,
unless the licensee is not substantially addressing the
issue routinely throughout the facility.
(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
(210 ILCS 47/3-401)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 3-401. Involuntary transfer or discharge of resident.
A facility may involuntarily transfer or discharge a resident
only for one or more of the following reasons:
(a) for medical reasons;
(b) for the resident's physical safety;
(c) for the physical safety of other residents, the
facility staff or facility visitors; or
(d) for either late payment or nonpayment for the
resident's stay, except as prohibited by Titles XVIII and XIX
of the federal Social Security Act. For purposes of this
Section, "late payment" means non-receipt non receipt of

SB3733 Enrolled - 1073 - LRB096 19592 AMC 34984 b
payment after submission of a bill. If payment is not received
within 45 days after submission of a bill, a facility may send
a notice to the resident and responsible party requesting
payment within 30 days. If payment is not received within such
30 days, the facility may thereupon institute transfer or
discharge proceedings by sending a notice of transfer or
discharge to the resident and responsible party by registered
or certified mail. The notice shall state, in addition to the
requirements of Section 3-403 of this Act, that the responsible
party has the right to pay the amount of the bill in full up to
the date the transfer or discharge is to be made and then the
resident shall have the right to remain in the facility. Such
payment shall terminate the transfer or discharge proceedings.
This subsection does not apply to those residents whose care is
provided for under the Illinois Public Aid Code. The Department
shall adopt rules setting forth the criteria and procedures to
be applied in cases of involuntary transfer or discharge
permitted under this Section.
(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
(210 ILCS 47/3-517)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 3-517. Civil and criminal liability during
receivership. Nothing in this Act shall be deemed to relieve
any owner, administrator or employee of a facility placed in

SB3733 Enrolled - 1074 - LRB096 19592 AMC 34984 b
receivership of any civil or criminal liability incurred, or
any duty imposed by law, by reason of acts or omissions of the
owner, administrator, or employee prior to the appointment of a
receiver; nor shall anything contained in this Act be construed
to suspend during the receivership any obligation of the owner,
administrator, or employee for payment of taxes or other
operating and maintenance expenses of the facility nor of the
owner, administrator, employee or any other person for the
payment of mortgages or liens. The owner shall retain the right
to sell or mortgage any facility under receivership, subject to
approval of the court which ordered the receivership.
(Source: P.A. 96-339, eff. 7-1-10; revised 11-3-09.)
Section 375. The Emergency Medical Services (EMS) Systems
Act is amended by changing Section 32.5 as follows:
(210 ILCS 50/32.5)
Sec. 32.5. Freestanding Emergency Center.
(a) The Department shall issue an annual Freestanding
Emergency Center (FEC) license to any facility that has
received a permit from the Illinois Health Facilities and
Services Review Planning Board to establish a Freestanding
Emergency Center if the application for the permit has been
deemed complete by the Department of Public Health by March 1,
2009, and:
(1) is located: (A) in a municipality with a population

SB3733 Enrolled - 1075 - LRB096 19592 AMC 34984 b
of 75,000 or fewer inhabitants; (B) within 20 miles of the
hospital that owns or controls the FEC; and (C) within 20
miles of the Resource Hospital affiliated with the FEC as
part of the EMS System;
(2) is wholly owned or controlled by an Associate or
Resource Hospital, but is not a part of the hospital's
physical plant;
(3) meets the standards for licensed FECs, adopted by
rule of the Department, including, but not limited to:
(A) facility design, specification, operation, and
maintenance standards;
(B) equipment standards; and
(C) the number and qualifications of emergency
medical personnel and other staff, which must include
at least one board certified emergency physician
present at the FEC 24 hours per day.
(4) limits its participation in the EMS System strictly
to receiving a limited number of BLS runs by emergency
medical vehicles according to protocols developed by the
Resource Hospital within the FEC's designated EMS System
and approved by the Project Medical Director and the
Department;
(5) provides comprehensive emergency treatment
services, as defined in the rules adopted by the Department
pursuant to the Hospital Licensing Act, 24 hours per day,
on an outpatient basis;

SB3733 Enrolled - 1076 - LRB096 19592 AMC 34984 b
(6) provides an ambulance and maintains on site
ambulance services staffed with paramedics 24 hours per
day;
(7) (blank);
(8) complies with all State and federal patient rights
provisions, including, but not limited to, the Emergency
Medical Treatment Act and the federal Emergency Medical
Treatment and Active Labor Act;
(9) maintains a communications system that is fully
integrated with its Resource Hospital within the FEC's
designated EMS System;
(10) reports to the Department any patient transfers
from the FEC to a hospital within 48 hours of the transfer
plus any other data determined to be relevant by the
Department;
(11) submits to the Department, on a quarterly basis,
the FEC's morbidity and mortality rates for patients
treated at the FEC and other data determined to be relevant
by the Department;
(12) does not describe itself or hold itself out to the
general public as a full service hospital or hospital
emergency department in its advertising or marketing
activities;
(13) complies with any other rules adopted by the
Department under this Act that relate to FECs;
(14) passes the Department's site inspection for

SB3733 Enrolled - 1077 - LRB096 19592 AMC 34984 b
compliance with the FEC requirements of this Act;
(15) submits a copy of the permit issued by the Health
Facilities and Services Review Board indicating that the
facility has complied with the Illinois Health Facilities
Planning Act with respect to the health services to be
provided at the facility;
(16) submits an application for designation as an FEC
in a manner and form prescribed by the Department by rule;
and
(17) pays the annual license fee as determined by the
Department by rule.
(b) The Department shall:
(1) annually inspect facilities of initial FEC
applicants and licensed FECs, and issue annual licenses to
or annually relicense FECs that satisfy the Department's
licensure requirements as set forth in subsection (a);
(2) suspend, revoke, refuse to issue, or refuse to
renew the license of any FEC, after notice and an
opportunity for a hearing, when the Department finds that
the FEC has failed to comply with the standards and
requirements of the Act or rules adopted by the Department
under the Act;
(3) issue an Emergency Suspension Order for any FEC
when the Director or his or her designee has determined
that the continued operation of the FEC poses an immediate
and serious danger to the public health, safety, and

SB3733 Enrolled - 1078 - LRB096 19592 AMC 34984 b
welfare. An opportunity for a hearing shall be promptly
initiated after an Emergency Suspension Order has been
issued; and
(4) adopt rules as needed to implement this Section.
(Source: P.A. 95-584, eff. 8-31-07; 96-23, eff. 6-30-09; 96-31,
eff. 6-30-09; revised 8-20-09.)
Section 380. The Home Health, Home Services, and Home
Nursing Agency Licensing Act is amended by changing Section
2.08 as follows:
(210 ILCS 55/2.08)
(Text of Section before amendment by P.A. 96-339)
Sec. 2.08. "Home services agency" means an agency that
provides services directly, or acts as a placement agency, for
the purpose of placing individuals as workers providing home
services for consumers in their personal residences. "Home
services agency" does not include agencies licensed under the
Nurse Agency Licensing Act, the Hospital Licensing Act, the
Nursing Home Care Act, or the Assisted Living and Shared
Housing Act and does not include an agency that limits its
business exclusively to providing housecleaning services.
Programs providing services exclusively through the Community
Care Program of the Illinois Department on Aging, the
Department of Human Services Office of Rehabilitation
Services, or the United States Department of Veterans Affairs

SB3733 Enrolled - 1079 - LRB096 19592 AMC 34984 b
are not considered to be a home services agency under this Act.
(Source: P.A. 96-577, eff. 8-18-09.)
(Text of Section after amendment by P.A. 96-339)
Sec. 2.08. "Home services agency" means an agency that
provides services directly, or acts as a placement agency, for
the purpose of placing individuals as workers providing home
services for consumers in their personal residences. "Home
services agency" does not include agencies licensed under the
Nurse Agency Licensing Act, the Hospital Licensing Act, the
Nursing Home Care Act, the MR/DD Community Care Act, or the
Assisted Living and Shared Housing Act and does not include an
agency that limits its business exclusively to providing
housecleaning services. Programs providing services
exclusively through the Community Care Program of the Illinois
Department on Aging, the Department of Human Services Office of
Rehabilitation Services, or the United States Department of
Veterans Affairs are not considered to be a home services
agency under this Act.
(Source: P.A. 96-339, eff. 7-1-10; 96-577, eff. 8-18-09;
revised 9-25-09.)
Section 385. The Hospital Licensing Act is amended by
changing Section 3 and by setting forth and renumbering
multiple versions of Section 6.25 as follows:

SB3733 Enrolled - 1080 - LRB096 19592 AMC 34984 b
(210 ILCS 85/3)
(Text of Section before amendment by P.A. 96-339)
Sec. 3. As used in this Act:
(A) "Hospital" means any institution, place, building, or
agency, public or private, whether organized for profit or not,
devoted primarily to the maintenance and operation of
facilities for the diagnosis and treatment or care of 2 or more
unrelated persons admitted for overnight stay or longer in
order to obtain medical, including obstetric, psychiatric and
nursing, care of illness, disease, injury, infirmity, or
deformity.
The term "hospital", without regard to length of stay,
shall also include:
(a) any facility which is devoted primarily to
providing psychiatric and related services and programs
for the diagnosis and treatment or care of 2 or more
unrelated persons suffering from emotional or nervous
diseases;
(b) all places where pregnant females are received,
cared for, or treated during delivery irrespective of the
number of patients received.
The term "hospital" includes general and specialized
hospitals, tuberculosis sanitaria, mental or psychiatric
hospitals and sanitaria, and includes maternity homes,
lying-in homes, and homes for unwed mothers in which care is
given during delivery.

SB3733 Enrolled - 1081 - LRB096 19592 AMC 34984 b
The term "hospital" does not include:
(1) any person or institution required to be licensed
pursuant to the Nursing Home Care Act, as amended;
(2) hospitalization or care facilities maintained by
the State or any department or agency thereof, where such
department or agency has authority under law to establish
and enforce standards for the hospitalization or care
facilities under its management and control;
(3) hospitalization or care facilities maintained by
the federal government or agencies thereof;
(4) hospitalization or care facilities maintained by
any university or college established under the laws of
this State and supported principally by public funds raised
by taxation;
(5) any person or facility required to be licensed
pursuant to the Alcoholism and Other Drug Abuse and
Dependency Act;
(6) any facility operated solely by and for persons who
rely exclusively upon treatment by spiritual means through
prayer, in accordance with the creed or tenets of any
well-recognized church or religious denomination;
(7) an Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act; or
(8) any veterinary hospital or clinic operated by a
veterinarian or veterinarians licensed under the

SB3733 Enrolled - 1082 - LRB096 19592 AMC 34984 b
Veterinary Medicine and Surgery Practice Act of 2004 or
maintained by a State-supported or publicly funded
university or college.
(B) "Person" means the State, and any political subdivision
or municipal corporation, individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
(C) "Department" means the Department of Public Health of
the State of Illinois.
(D) "Director" means the Director of Public Health of the
State of Illinois.
(E) "Perinatal" means the period of time between the
conception of an infant and the end of the first month after
birth.
(F) "Federally designated organ procurement agency" means
the organ procurement agency designated by the Secretary of the
U.S. Department of Health and Human Services for the service
area in which a hospital is located; except that in the case of
a hospital located in a county adjacent to Wisconsin which
currently contracts with an organ procurement agency located in
Wisconsin that is not the organ procurement agency designated
by the U.S. Secretary of Health and Human Services for the
service area in which the hospital is located, if the hospital
applies for a waiver pursuant to 42 USC 1320b-8(a), it may
designate an organ procurement agency located in Wisconsin to
be thereafter deemed its federally designated organ

SB3733 Enrolled - 1083 - LRB096 19592 AMC 34984 b
procurement agency for the purposes of this Act.
(G) "Tissue bank" means any facility or program operating
in Illinois that is certified by the American Association of
Tissue Banks or the Eye Bank Association of America and is
involved in procuring, furnishing, donating, or distributing
corneas, bones, or other human tissue for the purpose of
injecting, transfusing, or transplanting any of them into the
human body. "Tissue bank" does not include a licensed blood
bank. For the purposes of this Act, "tissue" does not include
organs.
(Source: P.A. 96-219, eff. 8-10-09.)
(Text of Section after amendment by P.A. 96-339)
Sec. 3. As used in this Act:
(A) "Hospital" means any institution, place, building, or
agency, public or private, whether organized for profit or not,
devoted primarily to the maintenance and operation of
facilities for the diagnosis and treatment or care of 2 or more
unrelated persons admitted for overnight stay or longer in
order to obtain medical, including obstetric, psychiatric and
nursing, care of illness, disease, injury, infirmity, or
deformity.
The term "hospital", without regard to length of stay,
shall also include:
(a) any facility which is devoted primarily to
providing psychiatric and related services and programs

SB3733 Enrolled - 1084 - LRB096 19592 AMC 34984 b
for the diagnosis and treatment or care of 2 or more
unrelated persons suffering from emotional or nervous
diseases;
(b) all places where pregnant females are received,
cared for, or treated during delivery irrespective of the
number of patients received.
The term "hospital" includes general and specialized
hospitals, tuberculosis sanitaria, mental or psychiatric
hospitals and sanitaria, and includes maternity homes,
lying-in homes, and homes for unwed mothers in which care is
given during delivery.
The term "hospital" does not include:
(1) any person or institution required to be licensed
pursuant to the Nursing Home Care Act or the MR/DD
Community Care Act;
(2) hospitalization or care facilities maintained by
the State or any department or agency thereof, where such
department or agency has authority under law to establish
and enforce standards for the hospitalization or care
facilities under its management and control;
(3) hospitalization or care facilities maintained by
the federal government or agencies thereof;
(4) hospitalization or care facilities maintained by
any university or college established under the laws of
this State and supported principally by public funds raised
by taxation;

SB3733 Enrolled - 1085 - LRB096 19592 AMC 34984 b
(5) any person or facility required to be licensed
pursuant to the Alcoholism and Other Drug Abuse and
Dependency Act;
(6) any facility operated solely by and for persons who
rely exclusively upon treatment by spiritual means through
prayer, in accordance with the creed or tenets of any
well-recognized church or religious denomination;
(7) an Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act; or
(8) any veterinary hospital or clinic operated by a
veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 or
maintained by a State-supported or publicly funded
university or college.
(B) "Person" means the State, and any political subdivision
or municipal corporation, individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
(C) "Department" means the Department of Public Health of
the State of Illinois.
(D) "Director" means the Director of Public Health of the
State of Illinois.
(E) "Perinatal" means the period of time between the
conception of an infant and the end of the first month after
birth.

SB3733 Enrolled - 1086 - LRB096 19592 AMC 34984 b
(F) "Federally designated organ procurement agency" means
the organ procurement agency designated by the Secretary of the
U.S. Department of Health and Human Services for the service
area in which a hospital is located; except that in the case of
a hospital located in a county adjacent to Wisconsin which
currently contracts with an organ procurement agency located in
Wisconsin that is not the organ procurement agency designated
by the U.S. Secretary of Health and Human Services for the
service area in which the hospital is located, if the hospital
applies for a waiver pursuant to 42 USC 1320b-8(a), it may
designate an organ procurement agency located in Wisconsin to
be thereafter deemed its federally designated organ
procurement agency for the purposes of this Act.
(G) "Tissue bank" means any facility or program operating
in Illinois that is certified by the American Association of
Tissue Banks or the Eye Bank Association of America and is
involved in procuring, furnishing, donating, or distributing
corneas, bones, or other human tissue for the purpose of
injecting, transfusing, or transplanting any of them into the
human body. "Tissue bank" does not include a licensed blood
bank. For the purposes of this Act, "tissue" does not include
organs.
(Source: P.A. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10;
revised 9-25-09.)
(210 ILCS 85/6.25)

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Sec. 6.25. Safe patient handling policy.
(a) In this Section:
"Health care worker" means an individual providing direct
patient care services who may be required to lift, transfer,
reposition, or move a patient.
"Nurse" means an advanced practice nurse, a registered
nurse, or a licensed practical nurse licensed under the Nurse
Practice Act.
(b) A hospital must adopt and ensure implementation of a
policy to identify, assess, and develop strategies to control
risk of injury to patients and nurses and other health care
workers associated with the lifting, transferring,
repositioning, or movement of a patient. The policy shall
establish a process that, at a minimum, includes all of the
following:
(1) Analysis of the risk of injury to patients and
nurses and other health care workers posted by the patient
handling needs of the patient populations served by the
hospital and the physical environment in which the patient
handling and movement occurs.
(2) Education of nurses in the identification,
assessment, and control of risks of injury to patients and
nurses and other health care workers during patient
handling.
(3) Evaluation of alternative ways to reduce risks
associated with patient handling, including evaluation of

SB3733 Enrolled - 1088 - LRB096 19592 AMC 34984 b
equipment and the environment.
(4) Restriction, to the extent feasible with existing
equipment and aids, of manual patient handling or movement
of all or most of a patient's weight except for emergency,
life-threatening, or otherwise exceptional circumstances.
(5) Collaboration with and an annual report to the
nurse staffing committee.
(6) Procedures for a nurse to refuse to perform or be
involved in patient handling or movement that the nurse in
good faith believes will expose a patient or nurse or other
health care worker to an unacceptable risk of injury.
(7) Submission of an annual report to the hospital's
governing body or quality assurance committee on
activities related to the identification, assessment, and
development of strategies to control risk of injury to
patients and nurses and other health care workers
associated with the lifting, transferring, repositioning,
or movement of a patient.
(8) In developing architectural plans for construction
or remodeling of a hospital or unit of a hospital in which
patient handling and movement occurs, consideration of the
feasibility of incorporating patient handling equipment or
the physical space and construction design needed to
incorporate that equipment.
(Source: P.A. 96-389, eff. 1-1-10.)

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(210 ILCS 85/6.26)
Sec. 6.26 6.25. Immunization against influenza virus and
pneumococcal disease.
(a) Every hospital shall adopt an influenza and
pneumococcal immunization policy that includes, but need not be
limited to, the following:
(1) Procedures for identifying patients age 65 or older
and, at the discretion of the facility, other patients at
risk.
(2) Procedures for offering immunization against
influenza virus when available between September 1 and
April 1, and against pneumococcal disease upon admission or
discharge, to patients age 65 or older, unless
contraindicated.
(3) Procedures for ensuring that patients offered
immunization, or their guardians, receive information
regarding the risks and benefits of vaccination.
The hospital shall provide a copy of its influenza and
pneumococcal immunization policy to the Department upon
request.
(b) A home rule unit may not regulate immunization against
influenza virus and pneumococcal disease in a manner
inconsistent with the regulation of such immunizations under
this Section. This subsection is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and

SB3733 Enrolled - 1090 - LRB096 19592 AMC 34984 b
functions exercised by the State.
(Source: P.A. 96-343, eff. 8-11-09; revised 10-23-09.)
Section 390. The Mobile Home Park Act is amended by
changing Section 9.9 as follows:
(210 ILCS 115/9.9) (from Ch. 111 1/2, par. 719.9)
Sec. 9.9. Mobile homes in mobile home parks shall each be
equipped with fire extinguishers in working order, one in each
end of the mobile home.
Inspection of any such equipment and enforcement of any
Rules and Regulations adopted pursuant to this paragraph shall
be the duty of the State Fire Marshal Marshall and local law
enforcement agencies in the county or municipality where the
mobile home park is located.
(Source: P.A. 77-1472; revised 11-3-09.)
Section 395. The Illinois Insurance Code is amended by
changing Sections 190.1, 370c, and 451 and by setting forth and
renumbering multiple versions of Sections 356z.14 and 356z.15
as follows:
(215 ILCS 5/190.1) (from Ch. 73, par. 802.1)
Sec. 190.1. Appeal of order directing liquidation - special
claims procedure.
(1) Within 5 days of the effective date of this amendatory

SB3733 Enrolled - 1091 - LRB096 19592 AMC 34984 b
Act of 1982, or, if later, within 5 days after the filing of a
notice of appeal of an order of liquidation, which order has
not been stayed, the Director shall present for the circuit
court's approval a plan for the continued performance of the
defendant company's policy claims obligations, including the
duty to defend insureds under liability insurance policies,
during the pendency of an appeal. Such plan shall provide for
the continued performance and payment of policy claims
obligations in the normal course of events, notwithstanding the
grounds alleged in support of the order of liquidation
including the ground of insolvency. In the event the defendant
company's financial condition will not, in the judgment of the
Director, support the full performance of all policy claims
obligations during the appeal pendency period, the plan may
prefer the claims of certain policyholders and claimants over
creditors and interested parties as well as other policyholders
and claimants, as the Director finds to be fair and equitable
considering the relative circumstances of such policyholders
and claimants. The circuit court shall examine the plan
submitted by the Director and if it finds the plan to be in the
best interests of the parties, the circuit court shall approve
the plan. No action shall lie against the Director or any of
his deputies, agents, clerks, assistants or attorneys by any
party based on preference in an appeal pendency plan approved
by the circuit court.
(2) The appeal pendency plan shall not supersede supercede

SB3733 Enrolled - 1092 - LRB096 19592 AMC 34984 b
or affect the obligations of any insurance guaranty fund which
under its own state law is required to pay covered claims
obligations during the appeal pendency period.
(Source: P.A. 82-920; revised 10-30-09.)
(215 ILCS 5/356z.14)
Sec. 356z.14. Autism spectrum disorders.
(a) A group or individual policy of accident and health
insurance or managed care plan amended, delivered, issued, or
renewed after the effective date of this amendatory Act of the
95th General Assembly must provide individuals under 21 years
of age coverage for the diagnosis of autism spectrum disorders
and for the treatment of autism spectrum disorders to the
extent that the diagnosis and treatment of autism spectrum
disorders are not already covered by the policy of accident and
health insurance or managed care plan.
(b) Coverage provided under this Section shall be subject
to a maximum benefit of $36,000 per year, but shall not be
subject to any limits on the number of visits to a service
provider. After December 30, 2009, the Director of the Division
of Insurance shall, on an annual basis, adjust the maximum
benefit for inflation using the Medical Care Component of the
United States Department of Labor Consumer Price Index for All
Urban Consumers. Payments made by an insurer on behalf of a
covered individual for any care, treatment, intervention,
service, or item, the provision of which was for the treatment

SB3733 Enrolled - 1093 - LRB096 19592 AMC 34984 b
of a health condition not diagnosed as an autism spectrum
disorder, shall not be applied toward any maximum benefit
established under this subsection.
(c) Coverage under this Section shall be subject to
copayment, deductible, and coinsurance provisions of a policy
of accident and health insurance or managed care plan to the
extent that other medical services covered by the policy of
accident and health insurance or managed care plan are subject
to these provisions.
(d) This Section shall not be construed as limiting
benefits that are otherwise available to an individual under a
policy of accident and health insurance or managed care plan
and benefits provided under this Section may not be subject to
dollar limits, deductibles, copayments, or coinsurance
provisions that are less favorable to the insured than the
dollar limits, deductibles, or coinsurance provisions that
apply to physical illness generally.
(e) An insurer may not deny or refuse to provide otherwise
covered services, or refuse to renew, refuse to reissue, or
otherwise terminate or restrict coverage under an individual
contract to provide services to an individual because the
individual or their dependent is diagnosed with an autism
spectrum disorder or due to the individual utilizing benefits
in this Section.
(f) Upon request of the reimbursing insurer, a provider of
treatment for autism spectrum disorders shall furnish medical

SB3733 Enrolled - 1094 - LRB096 19592 AMC 34984 b
records, clinical notes, or other necessary data that
substantiate that initial or continued medical treatment is
medically necessary and is resulting in improved clinical
status. When treatment is anticipated to require continued
services to achieve demonstrable progress, the insurer may
request a treatment plan consisting of diagnosis, proposed
treatment by type, frequency, anticipated duration of
treatment, the anticipated outcomes stated as goals, and the
frequency by which the treatment plan will be updated.
(g) When making a determination of medical necessity for a
treatment modality for autism spectrum disorders, an insurer
must make the determination in a manner that is consistent with
the manner used to make that determination with respect to
other diseases or illnesses covered under the policy, including
an appeals process. During the appeals process, any challenge
to medical necessity must be viewed as reasonable only if the
review includes a physician with expertise in the most current
and effective treatment modalities for autism spectrum
disorders.
(h) Coverage for medically necessary early intervention
services must be delivered by certified early intervention
specialists, as defined in 89 Ill. Admin. Code 500 and any
subsequent amendments thereto.
(i) As used in this Section:
"Autism spectrum disorders" means pervasive developmental
disorders as defined in the most recent edition of the

SB3733 Enrolled - 1095 - LRB096 19592 AMC 34984 b
Diagnostic and Statistical Manual of Mental Disorders,
including autism, Asperger's disorder, and pervasive
developmental disorder not otherwise specified.
"Diagnosis of autism spectrum disorders" means one or more
tests, evaluations, or assessments to diagnose whether an
individual has autism spectrum disorder that is prescribed,
performed, or ordered by (A) a physician licensed to practice
medicine in all its branches or (B) a licensed clinical
psychologist with expertise in diagnosing autism spectrum
disorders.
"Medically necessary" means any care, treatment,
intervention, service or item which will or is reasonably
expected to do any of the following: (i) prevent the onset of
an illness, condition, injury, disease or disability; (ii)
reduce or ameliorate the physical, mental or developmental
effects of an illness, condition, injury, disease or
disability; or (iii) assist to achieve or maintain maximum
functional activity in performing daily activities.
"Treatment for autism spectrum disorders" shall include
the following care prescribed, provided, or ordered for an
individual diagnosed with an autism spectrum disorder by (A) a
physician licensed to practice medicine in all its branches or
(B) a certified, registered, or licensed health care
professional with expertise in treating effects of autism
spectrum disorders when the care is determined to be medically
necessary and ordered by a physician licensed to practice

SB3733 Enrolled - 1096 - LRB096 19592 AMC 34984 b
medicine in all its branches:
(1) Psychiatric care, meaning direct, consultative, or
diagnostic services provided by a licensed psychiatrist.
(2) Psychological care, meaning direct or consultative
services provided by a licensed psychologist.
(3) Habilitative or rehabilitative care, meaning
professional, counseling, and guidance services and
treatment programs, including applied behavior analysis,
that are intended to develop, maintain, and restore the
functioning of an individual. As used in this subsection
(i), "applied behavior analysis" means the design,
implementation, and evaluation of environmental
modifications using behavioral stimuli and consequences to
produce socially significant improvement in human
behavior, including the use of direct observation,
measurement, and functional analysis of the relations
between environment and behavior.
(4) Therapeutic care, including behavioral, speech,
occupational, and physical therapies that provide
treatment in the following areas: (i) self care and
feeding, (ii) pragmatic, receptive, and expressive
language, (iii) cognitive functioning, (iv) applied
behavior analysis, intervention, and modification, (v)
motor planning, and (vi) sensory processing.
(j) Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the

SB3733 Enrolled - 1097 - LRB096 19592 AMC 34984 b
rules being adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 95-1005, eff. 12-12-08.)
(215 ILCS 5/356z.15)
(Text of Section before amendment by P.A. 96-833)
Sec. 356z.15 356z.14. Habilitative services for children.
(a) As used in this Section, "habilitative services" means
occupational therapy, physical therapy, speech therapy, and
other services prescribed by the insured's treating physician
pursuant to a treatment plan to enhance the ability of a child
to function with a congenital, genetic, or early acquired
disorder. A congenital or genetic disorder includes, but is not
limited to, hereditary disorders. An early acquired disorder
refers to a disorder resulting from illness, trauma, injury, or
some other event or condition suffered by a child prior to that
child developing functional life skills such as, but not
limited to, walking, talking, or self-help skills. Congenital,
genetic, and early acquired disorders may include, but are not
limited to, autism or an autism spectrum disorder, cerebral
palsy, and other disorders resulting from early childhood
illness, trauma, or injury.
(b) A group or individual policy of accident and health

SB3733 Enrolled - 1098 - LRB096 19592 AMC 34984 b
insurance or managed care plan amended, delivered, issued, or
renewed after the effective date of this amendatory Act of the
95th General Assembly must provide coverage for habilitative
services for children under 19 years of age with a congenital,
genetic, or early acquired disorder so long as all of the
following conditions are met:
(1) A physician licensed to practice medicine in all
its branches has diagnosed the child's congenital,
genetic, or early acquired disorder.
(2) The treatment is administered by a licensed
speech-language pathologist, licensed audiologist,
licensed occupational therapist, licensed physical
therapist, licensed physician, licensed nurse, licensed
optometrist, licensed nutritionist, licensed social
worker, or licensed psychologist upon the referral of a
physician licensed to practice medicine in all its
branches.
(3) The initial or continued treatment must be
medically necessary and therapeutic and not experimental
or investigational.
(c) The coverage required by this Section shall be subject
to other general exclusions and limitations of the policy,
including coordination of benefits, participating provider
requirements, restrictions on services provided by family or
household members, utilization review of health care services,
including review of medical necessity, case management,

SB3733 Enrolled - 1099 - LRB096 19592 AMC 34984 b
experimental, and investigational treatments, and other
managed care provisions.
(d) Coverage under this Section does not apply to those
services that are solely educational in nature or otherwise
paid under State or federal law for purely educational
services. Nothing in this subsection (d) relieves an insurer or
similar third party from an otherwise valid obligation to
provide or to pay for services provided to a child with a
disability.
(e) Coverage under this Section for children under age 19
shall not apply to treatment of mental or emotional disorders
or illnesses as covered under Section 370 of this Code as well
as any other benefit based upon a specific diagnosis that may
be otherwise required by law.
(f) The provisions of this Section do not apply to
short-term travel, accident-only, limited, or specific disease
policies.
(g) Any denial of care for habilitative services shall be
subject to appeal and external independent review procedures as
provided by Section 45 of the Managed Care Reform and Patient
Rights Act.
(h) Upon request of the reimbursing insurer, the provider
under whose supervision the habilitative services are being
provided shall furnish medical records, clinical notes, or
other necessary data to allow the insurer to substantiate that
initial or continued medical treatment is medically necessary

SB3733 Enrolled - 1100 - LRB096 19592 AMC 34984 b
and that the patient's condition is clinically improving. When
the treating provider anticipates that continued treatment is
or will be required to permit the patient to achieve
demonstrable progress, the insurer may request that the
provider furnish a treatment plan consisting of diagnosis,
proposed treatment by type, frequency, anticipated duration of
treatment, the anticipated goals of treatment, and how
frequently the treatment plan will be updated.
(i) Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 95-1049, eff. 1-1-10; revised 10-23-09.)
(Text of Section after amendment by P.A. 96-833)
Sec. 356z.15. Habilitative services for children.
(a) As used in this Section, "habilitative services" means
occupational therapy, physical therapy, speech therapy, and
other services prescribed by the insured's treating physician
pursuant to a treatment plan to enhance the ability of a child
to function with a congenital, genetic, or early acquired
disorder. A congenital or genetic disorder includes, but is not
limited to, hereditary disorders. An early acquired disorder

SB3733 Enrolled - 1101 - LRB096 19592 AMC 34984 b
refers to a disorder resulting from illness, trauma, injury, or
some other event or condition suffered by a child prior to that
child developing functional life skills such as, but not
limited to, walking, talking, or self-help skills. Congenital,
genetic, and early acquired disorders may include, but are not
limited to, autism or an autism spectrum disorder, cerebral
palsy, and other disorders resulting from early childhood
illness, trauma, or injury.
(b) A group or individual policy of accident and health
insurance or managed care plan amended, delivered, issued, or
renewed after the effective date of this amendatory Act of the
95th General Assembly must provide coverage for habilitative
services for children under 19 years of age with a congenital,
genetic, or early acquired disorder so long as all of the
following conditions are met:
(1) A physician licensed to practice medicine in all
its branches has diagnosed the child's congenital,
genetic, or early acquired disorder.
(2) The treatment is administered by a licensed
speech-language pathologist, licensed audiologist,
licensed occupational therapist, licensed physical
therapist, licensed physician, licensed nurse, licensed
optometrist, licensed nutritionist, licensed social
worker, or licensed psychologist upon the referral of a
physician licensed to practice medicine in all its
branches.

SB3733 Enrolled - 1102 - LRB096 19592 AMC 34984 b
(3) The initial or continued treatment must be
medically necessary and therapeutic and not experimental
or investigational.
(c) The coverage required by this Section shall be subject
to other general exclusions and limitations of the policy,
including coordination of benefits, participating provider
requirements, restrictions on services provided by family or
household members, utilization review of health care services,
including review of medical necessity, case management,
experimental, and investigational treatments, and other
managed care provisions.
(d) Coverage under this Section does not apply to those
services that are solely educational in nature or otherwise
paid under State or federal law for purely educational
services. Nothing in this subsection (d) relieves an insurer or
similar third party from an otherwise valid obligation to
provide or to pay for services provided to a child with a
disability.
(e) Coverage under this Section for children under age 19
shall not apply to treatment of mental or emotional disorders
or illnesses as covered under Section 370 of this Code as well
as any other benefit based upon a specific diagnosis that may
be otherwise required by law.
(f) The provisions of this Section do not apply to
short-term travel, accident-only, limited, or specific disease
policies.

SB3733 Enrolled - 1103 - LRB096 19592 AMC 34984 b
(g) Any denial of care for habilitative services shall be
subject to appeal and external independent review procedures as
provided by Section 45 of the Managed Care Reform and Patient
Rights Act.
(h) Upon request of the reimbursing insurer, the provider
under whose supervision the habilitative services are being
provided shall furnish medical records, clinical notes, or
other necessary data to allow the insurer to substantiate that
initial or continued medical treatment is medically necessary
and that the patient's condition is clinically improving. When
the treating provider anticipates that continued treatment is
or will be required to permit the patient to achieve
demonstrable progress, the insurer may request that the
provider furnish a treatment plan consisting of diagnosis,
proposed treatment by type, frequency, anticipated duration of
treatment, the anticipated goals of treatment, and how
frequently the treatment plan will be updated.
(i) Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 95-1049, eff. 1-1-10; 96-833, eff. 6-1-10.)

SB3733 Enrolled - 1104 - LRB096 19592 AMC 34984 b
(215 ILCS 5/356z.16)
Sec. 356z.16 356z.15. Applicability of mandated benefits
to supplemental policies. Unless specified otherwise, the
following Sections of the Illinois Insurance Code do not apply
to short-term travel, disability income, long-term care,
accident only, or limited or specified disease policies: 356b,
356c, 356d, 356g, 356k, 356m, 356n, 356p, 356q, 356r, 356t,
356u, 356w, 356x, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6,
356z.8, 367.2-5, and 367e.
(Source: P.A. 96-180, eff. 1-1-10; revised 10-21-09.)
(215 ILCS 5/370c) (from Ch. 73, par. 982c)
Sec. 370c. Mental and emotional disorders.
(a) (1) On and after the effective date of this Section,
every insurer which delivers, issues for delivery or renews or
modifies group A&H policies providing coverage for hospital or
medical treatment or services for illness on an
expense-incurred basis shall offer to the applicant or group
policyholder subject to the insurers standards of
insurability, coverage for reasonable and necessary treatment
and services for mental, emotional or nervous disorders or
conditions, other than serious mental illnesses as defined in
item (2) of subsection (b), up to the limits provided in the
policy for other disorders or conditions, except (i) the
insured may be required to pay up to 50% of expenses incurred
as a result of the treatment or services, and (ii) the annual

SB3733 Enrolled - 1105 - LRB096 19592 AMC 34984 b
benefit limit may be limited to the lesser of $10,000 or 25% of
the lifetime policy limit.
(2) Each insured that is covered for mental, emotional or
nervous disorders or conditions shall be free to select the
physician licensed to practice medicine in all its branches,
licensed clinical psychologist, licensed clinical social
worker, licensed clinical professional counselor, or licensed
marriage and family therapist of his choice to treat such
disorders, and the insurer shall pay the covered charges of
such physician licensed to practice medicine in all its
branches, licensed clinical psychologist, licensed clinical
social worker, licensed clinical professional counselor, or
licensed marriage and family therapist up to the limits of
coverage, provided (i) the disorder or condition treated is
covered by the policy, and (ii) the physician, licensed
psychologist, licensed clinical social worker, licensed
clinical professional counselor, or licensed marriage and
family therapist is authorized to provide said services under
the statutes of this State and in accordance with accepted
principles of his profession.
(3) Insofar as this Section applies solely to licensed
clinical social workers, licensed clinical professional
counselors, and licensed marriage and family therapists, those
persons who may provide services to individuals shall do so
after the licensed clinical social worker, licensed clinical
professional counselor, or licensed marriage and family

SB3733 Enrolled - 1106 - LRB096 19592 AMC 34984 b
therapist has informed the patient of the desirability of the
patient conferring with the patient's primary care physician
and the licensed clinical social worker, licensed clinical
professional counselor, or licensed marriage and family
therapist has provided written notification to the patient's
primary care physician, if any, that services are being
provided to the patient. That notification may, however, be
waived by the patient on a written form. Those forms shall be
retained by the licensed clinical social worker, licensed
clinical professional counselor, or licensed marriage and
family therapist for a period of not less than 5 years.
(b) (1) An insurer that provides coverage for hospital or
medical expenses under a group policy of accident and health
insurance or health care plan amended, delivered, issued, or
renewed after the effective date of this amendatory Act of the
92nd General Assembly shall provide coverage under the policy
for treatment of serious mental illness under the same terms
and conditions as coverage for hospital or medical expenses
related to other illnesses and diseases. The coverage required
under this Section must provide for same durational limits,
amount limits, deductibles, and co-insurance requirements for
serious mental illness as are provided for other illnesses and
diseases. This subsection does not apply to coverage provided
to employees by employers who have 50 or fewer employees.
(2) "Serious mental illness" means the following
psychiatric illnesses as defined in the most current edition of

SB3733 Enrolled - 1107 - LRB096 19592 AMC 34984 b
the Diagnostic and Statistical Manual (DSM) published by the
American Psychiatric Association:
(A) schizophrenia;
(B) paranoid and other psychotic disorders;
(C) bipolar disorders (hypomanic, manic, depressive,
and mixed);
(D) major depressive disorders (single episode or
recurrent);
(E) schizoaffective disorders (bipolar or depressive);
(F) pervasive developmental disorders;
(G) obsessive-compulsive disorders;
(H) depression in childhood and adolescence;
(I) panic disorder;
(J) post-traumatic stress disorders (acute, chronic,
or with delayed onset); and
(K) anorexia nervosa and bulimia nervosa.
(3) Upon request of the reimbursing insurer, a provider of
treatment of serious mental illness shall furnish medical
records or other necessary data that substantiate that initial
or continued treatment is at all times medically necessary. An
insurer shall provide a mechanism for the timely review by a
provider holding the same license and practicing in the same
specialty as the patient's provider, who is unaffiliated with
the insurer, jointly selected by the patient (or the patient's
next of kin or legal representative if the patient is unable to
act for himself or herself), the patient's provider, and the

SB3733 Enrolled - 1108 - LRB096 19592 AMC 34984 b
insurer in the event of a dispute between the insurer and
patient's provider regarding the medical necessity of a
treatment proposed by a patient's provider. If the reviewing
provider determines the treatment to be medically necessary,
the insurer shall provide reimbursement for the treatment.
Future contractual or employment actions by the insurer
regarding the patient's provider may not be based on the
provider's participation in this procedure. Nothing prevents
the insured from agreeing in writing to continue treatment at
his or her expense. When making a determination of the medical
necessity for a treatment modality for serous mental illness,
an insurer must make the determination in a manner that is
consistent with the manner used to make that determination with
respect to other diseases or illnesses covered under the
policy, including an appeals process.
(4) A group health benefit plan:
(A) shall provide coverage based upon medical
necessity for the following treatment of mental illness in
each calendar year:
(i) 45 days of inpatient treatment; and
(ii) beginning on June 26, 2006 (the effective date
of Public Act 94-921), 60 visits for outpatient
treatment including group and individual outpatient
treatment; and
(iii) for plans or policies delivered, issued for
delivery, renewed, or modified after January 1, 2007

SB3733 Enrolled - 1109 - LRB096 19592 AMC 34984 b
(the effective date of Public Act 94-906), 20
additional outpatient visits for speech therapy for
treatment of pervasive developmental disorders that
will be in addition to speech therapy provided pursuant
to item (ii) of this subparagraph (A);
(B) may not include a lifetime limit on the number of
days of inpatient treatment or the number of outpatient
visits covered under the plan; and
(C) shall include the same amount limits, deductibles,
copayments, and coinsurance factors for serious mental
illness as for physical illness.
(5) An issuer of a group health benefit plan may not count
toward the number of outpatient visits required to be covered
under this Section an outpatient visit for the purpose of
medication management and shall cover the outpatient visits
under the same terms and conditions as it covers outpatient
visits for the treatment of physical illness.
(6) An issuer of a group health benefit plan may provide or
offer coverage required under this Section through a managed
care plan.
(7) This Section shall not be interpreted to require a
group health benefit plan to provide coverage for treatment of:
(A) an addiction to a controlled substance or cannabis
that is used in violation of law; or
(B) mental illness resulting from the use of a
controlled substance or cannabis in violation of law.

SB3733 Enrolled - 1110 - LRB096 19592 AMC 34984 b
(8) (Blank).
(c) This Section shall not be interpreted to require
coverage for speech therapy or other habilitative services for
those individuals covered under Section 356z.15 356z.14 of this
Code.
(Source: P.A. 95-331, eff. 8-21-07; 95-972, eff. 9-22-08;
95-973, eff. 1-1-09; 95-1049, eff. 1-1-10; 96-328, eff.
8-11-09; revised 9-25-09.)
(215 ILCS 5/451) (from Ch. 73, par. 1063)
Sec. 451. Companies not subject to Code. This Code shall
not apply to companies now or hereafter organized or
transacting business under the Title Insurance Act, or Act
amendatory thereof, supplementary thereto, or in replacement
thereof; nor to corporations now or hereafter organized and
transacting business under "An Act to provide for the
incorporation and regulation of nonprofit hospital service
corporations" approved July 6, 1935, or Act amendatory thereof
or supplementary thereto; nor shall any part of this Code other
than Articles X, XI, XIII, and XXIV apply to companies now or
hereafter organized or transacting business under an Act
entitled, "An Act relating to local mutual district, county and
township insurance companies," approved March 13, 1936, or Act
amendatory thereof or supplementary thereto. No domestic
company shall be organized under this Code, nor shall any
foreign or alien company receive a certificate of authority

SB3733 Enrolled - 1111 - LRB096 19592 AMC 34984 b
under this Code, to transact the business of title insurance.
The changes made to this Section by Public Act 96-334 are this
amendatory Act of the 96th General Assembly is a statement and
clarification of existing law.
(Source: P.A. 96-334, eff. 1-1-10; revised 11-3-09.)
Section 400. The Producer Controlled Insurer Act is amended
by changing Section 10 as follows:
(215 ILCS 107/10)
Sec. 10. Applicability. This Act applies to licensed
insurers domiciled in this State or domiciled in a state that
is not an accredited state having in effect a substantially
similar law. All provisions of Article VIII 1/2 of the Illinois
Insurance Code, to the extent not superseded superceded by this
Act, shall apply to all parties within holding company systems
subject to this Act.
(Source: P.A. 87-1090; revised 10-30-09.)
Section 405. The Health Maintenance Organization Act is
amended by changing Section 5-3 as follows:
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
(Text of Section before amendment by P.A. 96-833)
Sec. 5-3. Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to

SB3733 Enrolled - 1112 - LRB096 19592 AMC 34984 b
the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
154.6, 154.7, 154.8, 155.04, 355.2, 356g.5-1, 356m, 356v, 356w,
356x, 356y, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15 356z.14,
356z.17 356z.15, 364.01, 367.2, 367.2-5, 367i, 368a, 368b,
368c, 368d, 368e, 370c, 401, 401.1, 402, 403, 403A, 408, 408.2,
409, 412, 444, and 444.1, paragraph (c) of subsection (2) of
Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
(b) For purposes of the Illinois Insurance Code, except for
Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
Maintenance Organizations in the following categories are
deemed to be "domestic companies":
(1) a corporation authorized under the Dental Service
Plan Act or the Voluntary Health Services Plans Act;
(2) a corporation organized under the laws of this
State; or
(3) a corporation organized under the laws of another
state, 30% or more of the enrollees of which are residents
of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a "domestic company" under Article VIII
1/2 of the Illinois Insurance Code.
(c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization

SB3733 Enrolled - 1113 - LRB096 19592 AMC 34984 b
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
(1) the Director shall give primary consideration to
the continuation of benefits to enrollees and the financial
conditions of the acquired Health Maintenance Organization
after the merger, consolidation, or other acquisition of
control takes effect;
(2)(i) the criteria specified in subsection (1)(b) of
Section 131.8 of the Illinois Insurance Code shall not
apply and (ii) the Director, in making his determination
with respect to the merger, consolidation, or other
acquisition of control, need not take into account the
effect on competition of the merger, consolidation, or
other acquisition of control;
(3) the Director shall have the power to require the
following information:
(A) certification by an independent actuary of the
adequacy of the reserves of the Health Maintenance
Organization sought to be acquired;
(B) pro forma financial statements reflecting the
combined balance sheets of the acquiring company and
the Health Maintenance Organization sought to be
acquired as of the end of the preceding year and as of
a date 90 days prior to the acquisition, as well as pro
forma financial statements reflecting projected
combined operation for a period of 2 years;
(C) a pro forma business plan detailing an

SB3733 Enrolled - 1114 - LRB096 19592 AMC 34984 b
acquiring party's plans with respect to the operation
of the Health Maintenance Organization sought to be
acquired for a period of not less than 3 years; and
(D) such other information as the Director shall
require.
(d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale by
any health maintenance organization of greater than 10% of its
enrollee population (including without limitation the health
maintenance organization's right, title, and interest in and to
its health care certificates).
(e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code, take
into account the effect of the management contract or service
agreement on the continuation of benefits to enrollees and the
financial condition of the health maintenance organization to
be managed or serviced, and (ii) need not take into account the
effect of the management contract or service agreement on
competition.
(f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a Health
Maintenance Organization may by contract agree with a group or

SB3733 Enrolled - 1115 - LRB096 19592 AMC 34984 b
other enrollment unit to effect refunds or charge additional
premiums under the following terms and conditions:
(i) the amount of, and other terms and conditions with
respect to, the refund or additional premium are set forth
in the group or enrollment unit contract agreed in advance
of the period for which a refund is to be paid or
additional premium is to be charged (which period shall not
be less than one year); and
(ii) the amount of the refund or additional premium
shall not exceed 20% of the Health Maintenance
Organization's profitable or unprofitable experience with
respect to the group or other enrollment unit for the
period (and, for purposes of a refund or additional
premium, the profitable or unprofitable experience shall
be calculated taking into account a pro rata share of the
Health Maintenance Organization's administrative and
marketing expenses, but shall not include any refund to be
made or additional premium to be paid pursuant to this
subsection (f)). The Health Maintenance Organization and
the group or enrollment unit may agree that the profitable
or unprofitable experience may be calculated taking into
account the refund period and the immediately preceding 2
plan years.
The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,

SB3733 Enrolled - 1116 - LRB096 19592 AMC 34984 b
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and the
resulting additional premium to be paid by the group or
enrollment unit.
In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any
contractual obligation of an insolvent organization to pay any
refund authorized under this Section.
(g) Rulemaking authority to implement Public Act 95-1045
this amendatory Act of the 95th General Assembly, if any, is
conditioned on the rules being adopted in accordance with all
provisions of the Illinois Administrative Procedure Act and all
rules and procedures of the Joint Committee on Administrative
Rules; any purported rule not so adopted, for whatever reason,
is unauthorized.
(Source: P.A. 95-422, eff. 8-24-07; 95-520, eff. 8-28-07;
95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09;
95-1005, eff. 12-12-08; 95-1045, eff. 3-27-09; 95-1049, eff.
1-1-10; 96-328, eff. 8-11-09; 96-639, eff. 1-1-10; revised
10-23-09.)

SB3733 Enrolled - 1117 - LRB096 19592 AMC 34984 b
(Text of Section after amendment by P.A. 96-833)
Sec. 5-3. Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
154.6, 154.7, 154.8, 155.04, 355.2, 356g.5-1, 356m, 356v, 356w,
356x, 356y, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,
356z.18, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d,
368e, 370c, 401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412,
444, and 444.1, paragraph (c) of subsection (2) of Section 367,
and Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV,
and XXVI of the Illinois Insurance Code.
(b) For purposes of the Illinois Insurance Code, except for
Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
Maintenance Organizations in the following categories are
deemed to be "domestic companies":
(1) a corporation authorized under the Dental Service
Plan Act or the Voluntary Health Services Plans Act;
(2) a corporation organized under the laws of this
State; or
(3) a corporation organized under the laws of another
state, 30% or more of the enrollees of which are residents
of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a "domestic company" under Article VIII

SB3733 Enrolled - 1118 - LRB096 19592 AMC 34984 b
1/2 of the Illinois Insurance Code.
(c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
(1) the Director shall give primary consideration to
the continuation of benefits to enrollees and the financial
conditions of the acquired Health Maintenance Organization
after the merger, consolidation, or other acquisition of
control takes effect;
(2)(i) the criteria specified in subsection (1)(b) of
Section 131.8 of the Illinois Insurance Code shall not
apply and (ii) the Director, in making his determination
with respect to the merger, consolidation, or other
acquisition of control, need not take into account the
effect on competition of the merger, consolidation, or
other acquisition of control;
(3) the Director shall have the power to require the
following information:
(A) certification by an independent actuary of the
adequacy of the reserves of the Health Maintenance
Organization sought to be acquired;
(B) pro forma financial statements reflecting the
combined balance sheets of the acquiring company and
the Health Maintenance Organization sought to be
acquired as of the end of the preceding year and as of
a date 90 days prior to the acquisition, as well as pro

SB3733 Enrolled - 1119 - LRB096 19592 AMC 34984 b
forma financial statements reflecting projected
combined operation for a period of 2 years;
(C) a pro forma business plan detailing an
acquiring party's plans with respect to the operation
of the Health Maintenance Organization sought to be
acquired for a period of not less than 3 years; and
(D) such other information as the Director shall
require.
(d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale by
any health maintenance organization of greater than 10% of its
enrollee population (including without limitation the health
maintenance organization's right, title, and interest in and to
its health care certificates).
(e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code, take
into account the effect of the management contract or service
agreement on the continuation of benefits to enrollees and the
financial condition of the health maintenance organization to
be managed or serviced, and (ii) need not take into account the
effect of the management contract or service agreement on
competition.
(f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health

SB3733 Enrolled - 1120 - LRB096 19592 AMC 34984 b
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a Health
Maintenance Organization may by contract agree with a group or
other enrollment unit to effect refunds or charge additional
premiums under the following terms and conditions:
(i) the amount of, and other terms and conditions with
respect to, the refund or additional premium are set forth
in the group or enrollment unit contract agreed in advance
of the period for which a refund is to be paid or
additional premium is to be charged (which period shall not
be less than one year); and
(ii) the amount of the refund or additional premium
shall not exceed 20% of the Health Maintenance
Organization's profitable or unprofitable experience with
respect to the group or other enrollment unit for the
period (and, for purposes of a refund or additional
premium, the profitable or unprofitable experience shall
be calculated taking into account a pro rata share of the
Health Maintenance Organization's administrative and
marketing expenses, but shall not include any refund to be
made or additional premium to be paid pursuant to this
subsection (f)). The Health Maintenance Organization and
the group or enrollment unit may agree that the profitable
or unprofitable experience may be calculated taking into
account the refund period and the immediately preceding 2
plan years.

SB3733 Enrolled - 1121 - LRB096 19592 AMC 34984 b
The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and the
resulting additional premium to be paid by the group or
enrollment unit.
In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any
contractual obligation of an insolvent organization to pay any
refund authorized under this Section.
(g) Rulemaking authority to implement Public Act 95-1045,
if any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 95-422, eff. 8-24-07; 95-520, eff. 8-28-07;
95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09;
95-1005, eff. 12-12-08; 95-1045, eff. 3-27-09; 95-1049, eff.
1-1-10; 96-328, eff. 8-11-09; 96-639, eff. 1-1-10; 96-833, eff.

SB3733 Enrolled - 1122 - LRB096 19592 AMC 34984 b
6-1-10.)
Section 410. The Voluntary Health Services Plans Act is
amended by changing Section 10 as follows:
(215 ILCS 165/10) (from Ch. 32, par. 604)
(Text of Section before amendment by P.A. 96-833)
Sec. 10. Application of Insurance Code provisions. Health
services plan corporations and all persons interested therein
or dealing therewith shall be subject to the provisions of
Articles IIA and XII 1/2 and Sections 3.1, 133, 140, 143, 143c,
149, 155.37, 354, 355.2, 356g, 356g.5, 356g.5-1, 356r, 356t,
356u, 356v, 356w, 356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15 356z.14, 364.01, 367.2, 368a, 401, 401.1, 402,
403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
Section 367 of the Illinois Insurance Code.
Rulemaking authority to implement Public Act 95-1045 this
amendatory Act of the 95th General Assembly, if any, is
conditioned on the rules being adopted in accordance with all
provisions of the Illinois Administrative Procedure Act and all
rules and procedures of the Joint Committee on Administrative
Rules; any purported rule not so adopted, for whatever reason,
is unauthorized.
(Source: P.A. 95-189, eff. 8-16-07; 95-331, eff. 8-21-07;
95-422, eff. 8-24-07; 95-520, eff. 8-28-07; 95-876, eff.

SB3733 Enrolled - 1123 - LRB096 19592 AMC 34984 b
8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; 95-1005,
eff. 12-12-08; 95-1045, eff. 3-27-09; 95-1049, eff. 1-1-10;
96-328, eff. 8-11-09; revised 9-25-09.)
(Text of Section after amendment by P.A. 96-833)
Sec. 10. Application of Insurance Code provisions. Health
services plan corporations and all persons interested therein
or dealing therewith shall be subject to the provisions of
Articles IIA and XII 1/2 and Sections 3.1, 133, 140, 143, 143c,
149, 155.37, 354, 355.2, 356g, 356g.5, 356g.5-1, 356r, 356t,
356u, 356v, 356w, 356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, 356z.18, 364.01, 367.2, 368a, 401, 401.1,
402, 403, 403A, 408, 408.2, and 412, and paragraphs (7) and
(15) of Section 367 of the Illinois Insurance Code.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 95-189, eff. 8-16-07; 95-331, eff. 8-21-07;
95-422, eff. 8-24-07; 95-520, eff. 8-28-07; 95-876, eff.
8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; 95-1005,
eff. 12-12-08; 95-1045, eff. 3-27-09; 95-1049, eff. 1-1-10;
96-328, eff. 8-11-09; 96-833, eff. 6-1-10.)

SB3733 Enrolled - 1124 - LRB096 19592 AMC 34984 b
Section 415. The Public Utilities Act is amended by
changing Sections 8-103, 19-105, and 19-112 and by setting
forth, renumbering, and changing multiple versions of Section
16-111.8 as follows:
(220 ILCS 5/8-103)
Sec. 8-103. Energy efficiency and demand-response
measures.
(a) It is the policy of the State that electric utilities
are required to use cost-effective energy efficiency and
demand-response measures to reduce delivery load. Requiring
investment in cost-effective energy efficiency and
demand-response measures will reduce direct and indirect costs
to consumers by decreasing environmental impacts and by
avoiding or delaying the need for new generation, transmission,
and distribution infrastructure. It serves the public interest
to allow electric utilities to recover costs for reasonably and
prudently incurred expenses for energy efficiency and
demand-response measures. As used in this Section,
"cost-effective" means that the measures satisfy the total
resource cost test. The low-income measures described in
subsection (f)(4) of this Section shall not be required to meet
the total resource cost test. For purposes of this Section, the
terms "energy-efficiency", "demand-response", "electric
utility", and "total resource cost test" shall have the

SB3733 Enrolled - 1125 - LRB096 19592 AMC 34984 b
meanings set forth in the Illinois Power Agency Act. For
purposes of this Section, the amount per kilowatthour means the
total amount paid for electric service expressed on a per
kilowatthour basis. For purposes of this Section, the total
amount paid for electric service includes without limitation
estimated amounts paid for supply, transmission, distribution,
surcharges, and add-on-taxes.
(b) Electric utilities shall implement cost-effective
energy efficiency measures to meet the following incremental
annual energy savings goals:
(1) 0.2% of energy delivered in the year commencing
June 1, 2008;
(2) 0.4% of energy delivered in the year commencing
June 1, 2009;
(3) 0.6% of energy delivered in the year commencing
June 1, 2010;
(4) 0.8% of energy delivered in the year commencing
June 1, 2011;
(5) 1% of energy delivered in the year commencing June
1, 2012;
(6) 1.4% of energy delivered in the year commencing
June 1, 2013;
(7) 1.8% of energy delivered in the year commencing
June 1, 2014; and
(8) 2% of energy delivered in the year commencing June
1, 2015 and each year thereafter.

SB3733 Enrolled - 1126 - LRB096 19592 AMC 34984 b
(c) Electric utilities shall implement cost-effective
demand-response measures to reduce peak demand by 0.1% over the
prior year for eligible retail customers, as defined in Section
16-111.5 of this Act, and for customers that elect hourly
service from the utility pursuant to Section 16-107 of this
Act, provided those customers have not been declared
competitive. This requirement commences June 1, 2008 and
continues for 10 years.
(d) Notwithstanding the requirements of subsections (b)
and (c) of this Section, an electric utility shall reduce the
amount of energy efficiency and demand-response measures
implemented in any single year by an amount necessary to limit
the estimated average increase in the amounts paid by retail
customers in connection with electric service due to the cost
of those measures to:
(1) in 2008, no more than 0.5% of the amount paid per
kilowatthour by those customers during the year ending May
31, 2007;
(2) in 2009, the greater of an additional 0.5% of the
amount paid per kilowatthour by those customers during the
year ending May 31, 2008 or 1% of the amount paid per
kilowatthour by those customers during the year ending May
31, 2007;
(3) in 2010, the greater of an additional 0.5% of the
amount paid per kilowatthour by those customers during the
year ending May 31, 2009 or 1.5% of the amount paid per

SB3733 Enrolled - 1127 - LRB096 19592 AMC 34984 b
kilowatthour by those customers during the year ending May
31, 2007;
(4) in 2011, the greater of an additional 0.5% of the
amount paid per kilowatthour by those customers during the
year ending May 31, 2010 or 2% of the amount paid per
kilowatthour by those customers during the year ending May
31, 2007; and
(5) thereafter, the amount of energy efficiency and
demand-response measures implemented for any single year
shall be reduced by an amount necessary to limit the
estimated average net increase due to the cost of these
measures included in the amounts paid by eligible retail
customers in connection with electric service to no more
than the greater of 2.015% of the amount paid per
kilowatthour by those customers during the year ending May
31, 2007 or the incremental amount per kilowatthour paid
for these measures in 2011.
No later than June 30, 2011, the Commission shall review
the limitation on the amount of energy efficiency and
demand-response measures implemented pursuant to this Section
and report to the General Assembly its findings as to whether
that limitation unduly constrains the procurement of energy
efficiency and demand-response measures.
(e) Electric utilities shall be responsible for overseeing
the design, development, and filing of energy efficiency and
demand-response plans with the Commission. Electric utilities

SB3733 Enrolled - 1128 - LRB096 19592 AMC 34984 b
shall implement 100% of the demand-response measures in the
plans. Electric utilities shall implement 75% of the energy
efficiency measures approved by the Commission, and may, as
part of that implementation, outsource various aspects of
program development and implementation. The remaining 25% of
those energy efficiency measures approved by the Commission
shall be implemented by the Department of Commerce and Economic
Opportunity, and must be designed in conjunction with the
utility and the filing process. The Department may outsource
development and implementation of energy efficiency measures.
A minimum of 10% of the entire portfolio of cost-effective
energy efficiency measures shall be procured from units of
local government, municipal corporations, school districts,
and community college districts. The Department shall
coordinate the implementation of these measures.
The apportionment of the dollars to cover the costs to
implement the Department's share of the portfolio of energy
efficiency measures shall be made to the Department once the
Department has executed grants or contracts for energy
efficiency measures and provided supporting documentation for
those grants and the contracts to the utility.
The details of the measures implemented by the Department
shall be submitted by the Department to the Commission in
connection with the utility's filing regarding the energy
efficiency and demand-response measures that the utility
implements.

SB3733 Enrolled - 1129 - LRB096 19592 AMC 34984 b
A utility providing approved energy efficiency and
demand-response measures in the State shall be permitted to
recover costs of those measures through an automatic adjustment
clause tariff filed with and approved by the Commission. The
tariff shall be established outside the context of a general
rate case. Each year the Commission shall initiate a review to
reconcile any amounts collected with the actual costs and to
determine the required adjustment to the annual tariff factor
to match annual expenditures.
Each utility shall include, in its recovery of costs, the
costs estimated for both the utility's and the Department's
implementation of energy efficiency and demand-response
measures. Costs collected by the utility for measures
implemented by the Department shall be submitted to the
Department pursuant to Section 605-323 of the Civil
Administrative Code of Illinois and shall be used by the
Department solely for the purpose of implementing these
measures. A utility shall not be required to advance any moneys
to the Department but only to forward such funds as it has
collected. The Department shall report to the Commission on an
annual basis regarding the costs actually incurred by the
Department in the implementation of the measures. Any changes
to the costs of energy efficiency measures as a result of plan
modifications shall be appropriately reflected in amounts
recovered by the utility and turned over to the Department.
The portfolio of measures, administered by both the

SB3733 Enrolled - 1130 - LRB096 19592 AMC 34984 b
utilities and the Department, shall, in combination, be
designed to achieve the annual savings targets described in
subsections (b) and (c) of this Section, as modified by
subsection (d) of this Section.
The utility and the Department shall agree upon a
reasonable portfolio of measures and determine the measurable
corresponding percentage of the savings goals associated with
measures implemented by the utility or Department.
No utility shall be assessed a penalty under subsection (f)
of this Section for failure to make a timely filing if that
failure is the result of a lack of agreement with the
Department with respect to the allocation of responsibilities
or related costs or target assignments. In that case, the
Department and the utility shall file their respective plans
with the Commission and the Commission shall determine an
appropriate division of measures and programs that meets the
requirements of this Section.
If the Department is unable to meet incremental annual
performance goals for the portion of the portfolio implemented
by the Department, then the utility and the Department shall
jointly submit a modified filing to the Commission explaining
the performance shortfall and recommending an appropriate
course going forward, including any program modifications that
may be appropriate in light of the evaluations conducted under
item (7) of subsection (f) of this Section. In this case, the
utility obligation to collect the Department's costs and turn

SB3733 Enrolled - 1131 - LRB096 19592 AMC 34984 b
over those funds to the Department under this subsection (e)
shall continue only if the Commission approves the
modifications to the plan proposed by the Department.
(f) No later than November 15, 2007, each electric utility
shall file an energy efficiency and demand-response plan with
the Commission to meet the energy efficiency and
demand-response standards for 2008 through 2010. Every 3 years
thereafter, each electric utility shall file, no later than
October 1, an energy efficiency and demand-response plan with
the Commission. If a utility does not file such a plan by
October 1 of an applicable year, it shall face a penalty of
$100,000 per day until the plan is filed. Each utility's plan
shall set forth the utility's proposals to meet the utility's
portion of the energy efficiency standards identified in
subsection (b) and the demand-response standards identified in
subsection (c) of this Section as modified by subsections (d)
and (e), taking into account the unique circumstances of the
utility's service territory. The Commission shall seek public
comment on the utility's plan and shall issue an order
approving or disapproving each plan within 3 months after its
submission. If the Commission disapproves a plan, the
Commission shall, within 30 days, describe in detail the
reasons for the disapproval and describe a path by which the
utility may file a revised draft of the plan to address the
Commission's concerns satisfactorily. If the utility does not
refile with the Commission within 60 days, the utility shall be

SB3733 Enrolled - 1132 - LRB096 19592 AMC 34984 b
subject to penalties at a rate of $100,000 per day until the
plan is filed. This process shall continue, and penalties shall
accrue, until the utility has successfully filed a portfolio of
energy efficiency and demand-response measures. Penalties
shall be deposited into the Energy Efficiency Trust Fund. In
submitting proposed energy efficiency and demand-response
plans and funding levels to meet the savings goals adopted by
this Act the utility shall:
(1) Demonstrate that its proposed energy efficiency
and demand-response measures will achieve the requirements
that are identified in subsections (b) and (c) of this
Section, as modified by subsections (d) and (e).
(2) Present specific proposals to implement new
building and appliance standards that have been placed into
effect.
(3) Present estimates of the total amount paid for
electric service expressed on a per kilowatthour basis
associated with the proposed portfolio of measures
designed to meet the requirements that are identified in
subsections (b) and (c) of this Section, as modified by
subsections (d) and (e).
(4) Coordinate with the Department to present a
portfolio of energy efficiency measures proportionate to
the share of total annual utility revenues in Illinois from
households at or below 150% of the poverty level. The
energy efficiency programs shall be targeted to households

SB3733 Enrolled - 1133 - LRB096 19592 AMC 34984 b
with incomes at or below 80% of area median income.
(5) Demonstrate that its overall portfolio of energy
efficiency and demand-response measures, not including
programs covered by item (4) of this subsection (f), are
cost-effective using the total resource cost test and
represent a diverse cross-section of opportunities for
customers of all rate classes to participate in the
programs.
(6) Include a proposed cost-recovery tariff mechanism
to fund the proposed energy efficiency and demand-response
measures and to ensure the recovery of the prudently and
reasonably incurred costs of Commission-approved programs.
(7) Provide for an annual independent evaluation of the
performance of the cost-effectiveness of the utility's
portfolio of measures and the Department's portfolio of
measures, as well as a full review of the 3-year results of
the broader net program impacts and, to the extent
practical, for adjustment of the measures on a
going-forward basis as a result of the evaluations. The
resources dedicated to evaluation shall not exceed 3% of
portfolio resources in any given year.
(g) No more than 3% of energy efficiency and
demand-response program revenue may be allocated for
demonstration of breakthrough equipment and devices.
(h) This Section does not apply to an electric utility that
on December 31, 2005 provided electric service to fewer than

SB3733 Enrolled - 1134 - LRB096 19592 AMC 34984 b
100,000 customers in Illinois.
(i) If, after 2 years, an electric utility fails to meet
the efficiency standard specified in subsection (b) of this
Section, as modified by subsections (d) and (e), it shall make
a contribution to the Low-Income Home Energy Assistance
Program. The combined total liability for failure to meet the
goal shall be $1,000,000, which shall be assessed as follows: a
large electric utility shall pay $665,000, and a medium
electric utility shall pay $335,000. If, after 3 years, an
electric utility fails to meet the efficiency standard
specified in subsection (b) of this Section, as modified by
subsections (d) and (e), it shall make a contribution to the
Low-Income Home Energy Assistance Program. The combined total
liability for failure to meet the goal shall be $1,000,000,
which shall be assessed as follows: a large electric utility
shall pay $665,000, and a medium electric utility shall pay
$335,000. In addition, the responsibility for implementing the
energy efficiency measures of the utility making the payment
shall be transferred to the Illinois Power Agency if, after 3
years, or in any subsequent 3-year period, the utility fails to
meet the efficiency standard specified in subsection (b) of
this Section, as modified by subsections (d) and (e). The
Agency shall implement a competitive procurement program to
procure resources necessary to meet the standards specified in
this Section as modified by subsections (d) and (e), with costs
for those resources to be recovered in the same manner as

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products purchased through the procurement plan as provided in
Section 16-111.5. The Director shall implement this
requirement in connection with the procurement plan as provided
in Section 16-111.5.
For purposes of this Section, (i) a "large electric
utility" is an electric utility that, on December 31, 2005,
served more than 2,000,000 electric customers in Illinois; (ii)
a "medium electric utility" is an electric utility that, on
December 31, 2005, served 2,000,000 or fewer but more than
100,000 electric customers in Illinois; and (iii) Illinois
electric utilities that are affiliated by virtue of a common
parent company are considered a single electric utility.
(j) If, after 3 years, or any subsequent 3-year period, the
Department fails to implement the Department's share of energy
efficiency measures required by the standards in subsection
(b), then the Illinois Power Agency may assume responsibility
for and control of the Department's share of the required
energy efficiency measures. The Agency shall implement a
competitive procurement program to procure resources necessary
to meet the standards specified in this Section, with the costs
of these resources to be recovered in the same manner as
provided for the Department in this Section.
(k) No electric utility shall be deemed to have failed to
meet the energy efficiency standards to the extent any such
failure is due to a failure of the Department or the Agency.
(Source: P.A. 95-481, eff. 8-28-07; 95-876, eff. 8-21-08;

SB3733 Enrolled - 1136 - LRB096 19592 AMC 34984 b
96-33, eff. 7-10-09; 96-159, eff. 8-10-09; revised 9-15-09.)
(220 ILCS 5/16-111.8)
Sec. 16-111.8. Automatic adjustment clause tariff;
uncollectibles.
(a) An electric utility shall be permitted, at its
election, to recover through an automatic adjustment clause
tariff the incremental difference between its actual
uncollectible amount as set forth in Account 904 in the
utility's most recent annual FERC Form 1 and the uncollectible
amount included in the utility's rates for the period reported
in such annual FERC Form 1. The Commission may, in a proceeding
to review a general rate case filed subsequent to the effective
date of the tariff established under this Section,
prospectively switch from using the actual uncollectible
amount set forth in Account 904 to using net write-offs in such
tariff, but only if net write-offs are also used to determine
the utility's uncollectible amount in rates. In the event the
Commission requires such a change, it shall be made effective
at the beginning of the first full calendar year after the new
rates approved in such proceeding are first placed in effect
and an adjustment shall be made, if necessary, to ensure the
change does not result in double-recovery or unrecovered
uncollectible amounts for any year. For purposes of this
Section, "uncollectible amount" means the expense set forth in
Account 904 of the utility's FERC Form 1 or cost of net

SB3733 Enrolled - 1137 - LRB096 19592 AMC 34984 b
write-offs as appropriate. In the event the utility's rates
change during the period of time reported in its most recent
annual FERC Form 1, the uncollectible amount included in the
utility's rates during such period of time for purposes of this
Section will be a weighted average, based on revenues earned
during such period by the utility under each set of rates, of
the uncollectible amount included in the utility's rates at the
beginning of such period and at the end of such period. This
difference may either be a charge or a credit to customers
depending on whether the uncollectible amount is more or less
than the uncollectible amount then included in the utility's
rates.
(b) The tariff may be established outside the context of a
general rate case filing and shall specify the terms of any
applicable audit. The Commission shall review and by order
approve, or approve as modified, the proposed tariff within 180
days after the date on which it is filed. Charges and credits
under the tariff shall be allocated to the appropriate customer
class or classes. In addition, customers who purchase their
electric supply from an alternative retail electric supplier
shall not be charged by the utility for uncollectible amounts
associated with electric supply provided by the utility to the
utility's customers, provided that nothing in this Section is
intended to affect or alter the rights and obligations imposed
pursuant to Section 16-118 of this Act and any Commission order
issued thereunder. Upon approval of the tariff, the utility

SB3733 Enrolled - 1138 - LRB096 19592 AMC 34984 b
shall, based on the 2008 FERC Form 1, apply the appropriate
credit or charge based on the full year 2008 amounts for the
remainder of the 2010 calendar year. Starting with the 2009
FERC Form 1 reporting period and each subsequent period, the
utility shall apply the appropriate credit or charge over a
12-month period beginning with the June billing period and
ending with the May billing period, with the first such billing
period beginning June 2010.
(c) The approved tariff shall provide that the utility
shall file a petition with the Commission annually, no later
than August 31st, seeking initiation of an annual review to
reconcile all amounts collected with the actual uncollectible
amount in the prior period. As part of its review, the
Commission shall verify that the utility collects no more and
no less than its actual uncollectible amount in each applicable
FERC Form 1 reporting period. The Commission shall review the
prudence and reasonableness of the utility's actions to pursue
minimization and collection of uncollectibles which shall
include, at a minimum, the 6 enumerated criteria set forth in
this Section. The Commission shall determine any required
adjustments and may include suggestions for prospective
changes in current practices. Nothing in this Section or the
implementing tariffs shall affect or alter the electric
utility's existing obligation to pursue collection of
uncollectibles or the electric utility's right to disconnect
service. A utility that has in effect a tariff authorized by

SB3733 Enrolled - 1139 - LRB096 19592 AMC 34984 b
this Section shall pursue minimization of and collection of
uncollectibles through the following activities, including,
but not limited to:
(1) identifying customers with late payments;
(2) contacting the customers in an effort to obtain
payment;
(3) providing delinquent customers with information
about possible options, including payment plans and
assistance programs;
(4) serving disconnection notices;
(5) implementing disconnections based on the level of
uncollectibles; and
(6) pursuing collection activities based on the level
of uncollectibles.
(d) Nothing in this Section shall be construed to require a
utility to immediately disconnect service for nonpayment.
(Source: P.A. 96-33, eff. 7-10-09.)
(220 ILCS 5/16-111.9)
Sec. 16-111.9 16-111.8. Rate relief; electricity
suppliers. On and after August 14, 2009 (the effective date of
Public Act 96-533) this amendatory Act of the 96th General
Assembly, any electric utility providing rate relief pursuant
to Section 16-111.5A of this Act shall not deem any residential
or non-residential customer to be ineligible to receive that
relief solely based upon that customer's purchase of

SB3733 Enrolled - 1140 - LRB096 19592 AMC 34984 b
electricity from a supplier other than that electric utility at
the time the rate relief is to be credited to that customer.
Nothing in this Section shall entitle customers of an electric
utility that had been previously deemed ineligible prior to
August 14, 2009 (the effective date of Public Act 96-533) this
amendatory Act of the 96th General Assembly to become eligible
for rate relief credits.
(Source: P.A. 96-533, eff. 8-14-09; revised 9-15-09.)
(220 ILCS 5/19-105)
Sec. 19-105. Definitions. For the purposes of this Article,
the following terms shall be defined as set forth in this
Section.
"Alternative gas supplier" means every person,
cooperative, corporation, municipal corporation, company,
association, joint stock company or association, firm,
partnership, individual, or other entity, their lessees,
trustees, or receivers appointed by any court whatsoever, that
offers gas for sale, lease, or in exchange for other value
received to one or more customers, or that engages in the
furnishing of gas to one or more customers, and shall include
affiliated interests of a gas utility, resellers, aggregators
and marketers, but shall not include (i) gas utilities (or any
agent of the gas utility to the extent the gas utility provides
tariffed services to customers through an agent); (ii) public
utilities that are owned and operated by any political

SB3733 Enrolled - 1141 - LRB096 19592 AMC 34984 b
subdivision, public institution of higher education or
municipal corporation of this State, or public utilities that
are owned by a political subdivision, public institution of
higher education, or municipal corporation and operated by any
of its lessees or operating agents; (iii) natural gas
cooperatives that are not-for-profit corporations operated for
the purpose of administering, on a cooperative basis, the
furnishing of natural gas for the benefit of their members who
are consumers of natural gas; and (iv) the ownership or
operation of a facility that sells compressed natural gas at
retail to the public for use only as a motor vehicle fuel and
the selling of compressed natural gas at retail to the public
for use only as a motor vehicle fuel.
"Gas utility" means a public utility, as defined in Section
3-105 of this Act, that has a franchise, license, permit, or
right to furnish or sell gas or transportation services to
customers within a service area.
"Residential customer" means a customer who receives gas
utility service for household purposes distributed to a
dwelling of 2 or fewer units which is billed under a
residential rate or gas utility service for household purposes
distributed to a dwelling unit or units which is billed under a
residential rate and is registered by a separate meter for each
dwelling unit.
"Sales agent" means any employee, agent, independent
contractor, consultant, or other person that is engaged by the

SB3733 Enrolled - 1142 - LRB096 19592 AMC 34984 b
alternative gas supplier to solicit customers to purchase,
enroll in, or contract for alternative gas service on behalf of
an alternative gas supplier.
"Service area" means (i) the geographic area within which a
gas utility was lawfully entitled to provide gas to customers
as of the effective date of this amendatory Act of the 92nd
General Assembly and includes (ii) the location of any customer
to which the gas utility was lawfully providing gas utility
services on such effective date.
"Single billing" means the combined billing of the services
provided by both a natural gas utility and an alternative gas
supplier to any customer who has enrolled in a customer choice
program.
"Small commercial customer" means a nonresidential retail
customer of a natural gas utility who consumed 5,000 or fewer
therms of natural gas during the previous year; provided that
any alternative gas supplier may remove the customer from
designation as a "small commercial customer" if the customer
consumes more than 5,000 therms of natural gas in any calendar
year after becoming a customer of the alternative gas supplier.
In determining whether a customer has consumed 5,000 or fewer
therms of natural gas during the previous year, usage by the
same commercial customer shall be aggregated to include usage
at the same premises even if measured by more than one meter,
and to include usage at multiple premises. Nothing in this
Section creates an affirmative obligation on a gas utility to

SB3733 Enrolled - 1143 - LRB096 19592 AMC 34984 b
monitor or inform customers or alternative gas suppliers as to
a customer's status as a small commercial customer as that term
is defined herein. Nothing in this Section relieves a gas
utility from any obligation to provide information upon request
to a customer, alternative gas supplier, the Commission, or
others necessary to determine whether a customer meets the
classification of small commercial customers as that term is
defined herein.
"Tariffed service" means a service provided to customers by
a gas utility as defined by its rates on file with the
Commission pursuant to the provisions of Article IX of this
Act.
"Transportation services" means those services provided by
the gas utility that are necessary in order for the storage,
transmission and distribution systems to function so that
customers located in the gas utility's service area can receive
gas from suppliers other than the gas utility and shall
include, without limitation, standard metering and billing
services.
(Source: P.A. 95-1051, eff. 4-10-09; 96-435, eff. 1-1-10;
revised 9-4-09.)
(220 ILCS 5/19-112)
Sec. 19-112. Managerial resources.
(a) An alternative gas supplier must maintain sufficient
managerial resources and abilities to provide the service for

SB3733 Enrolled - 1144 - LRB096 19592 AMC 34984 b
which it has a certificate of service authority. In determining
the level of managerial resources and abilities that the
alternative gas supplier must demonstrate, the Commission
shall consider, in addition to the requirements in Section
19-110(e)(1), the following:
(1) complaints to the Commission by consumers
regarding the alternative gas supplier, including those
that reflect on the alternative gas supplier's ability to
properly manage solicitation and authorization; and
(2) the alternative gas supplier's involvement in the
Commission's consumer complaint process, including the
resources the alternative gas supplier dedicates to the
process and the alternative gas supplier's ability to
manage the issues raised by complaints, and the resolutions
of the complaints.
(b) The provisions of this Section shall apply only to
alternative gas suppliers serving or seeking to serve
residential or small commercial customers and only to the
extent such alternative gas suppliers provide services to
residential or small commercial customers, unless otherwise
noted.
(Source: P.A. 95-1051, eff. 4-10-09; revised 4-17-09.)
Section 420. The Illinois Dental Practice Act is amended by
changing Section 9 as follows:

SB3733 Enrolled - 1145 - LRB096 19592 AMC 34984 b
(225 ILCS 25/9) (from Ch. 111, par. 2309)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9. Qualifications of Applicants for Dental Licenses.
The Department shall require that each applicant for a license
to practice dentistry shall:
(a) (Blank).
(b) Be at least 21 years of age and of good moral
character.
(c) (1) Present satisfactory evidence of completion of
dental education by graduation from a dental college or
school in the United States or Canada approved by the
Department. The Department shall not approve any dental
college or school which does not require at least (A) 60
semester hours of collegiate credit or the equivalent in
acceptable subjects from a college or university before
admission, and (B) completion of at least 4 academic years
of instruction or the equivalent in an approved dental
college or school before graduation; or
(2) Present satisfactory evidence of completion of
dental education by graduation from a dental college or
school outside the United States or Canada and provide
satisfactory evidence that:
(A) (blank);
(B) the applicant has completed a minimum of 2
academic years of general dental clinical training at a
dental college or school in the United States or Canada

SB3733 Enrolled - 1146 - LRB096 19592 AMC 34984 b
approved by the Department, however, an accredited
advanced dental education program approved by the
Department of no less than 2 years may be substituted
for the 2 academic years of general dental clinical
training and an applicant who was enrolled for not less
than one year in an approved clinical program prior to
January 1, 1993 at an Illinois dental college or school
shall be required to complete only that program; and
(C) the applicant has received certification from
the dean of an approved dental college or school in the
United States or Canada or the program director of an
approved advanced dental education program stating
that the applicant has achieved the same level of
scientific knowledge and clinical competence as
required of all graduates of the college, school, or
advanced dental education program.
Nothing in this Act shall be construed to prevent
either the Department or any dental college or school from
establishing higher standards than specified in this Act.
(d) (Blank). In determining professional capacity
under this Section, any individual who has not been
actively engaged in the practice of dentistry, has not been
a dental student, or has not been engaged in a formal
program of dental education during the 5 years immediately
preceding the filing of an application may be required to
complete such additional testing, training, or remedial

SB3733 Enrolled - 1147 - LRB096 19592 AMC 34984 b
education as the Board may deem necessary in order to
establish the applicant's present capacity to practice
dentistry with reasonable judgment, skill, and safety.
(e) Present satisfactory evidence that the applicant
has passed both parts of the National Board Dental
Examination administered by the Joint Commission on
National Dental Examinations and has successfully
completed an examination conducted by one of the following
regional testing services: the Central Regional Dental
Testing Service, Inc. (CRDTS), the Southern Regional
Testing Agency, Inc. (SRTA), the Western Regional
Examining Board (WREB), or the North East Regional Board
(NERB). For purposes of this Section, successful
completion shall mean that the applicant has achieved a
minimum passing score as determined by the applicable
regional testing service. (f) The Secretary of the
Department may suspend a regional testing service under
this subsection (e) of this Section if, after proper notice
and hearing, it is established that (i) the integrity of
the examination has been breached so as to make future test
results unreliable or (ii) the test is fundamentally
deficient in testing clinical competency.
In determining professional capacity under this Section,
any individual who has not been actively engaged in the
practice of dentistry, has not been a dental student, or has
not been engaged in a formal program of dental education during

SB3733 Enrolled - 1148 - LRB096 19592 AMC 34984 b
the 5 years immediately preceding the filing of an application
may be required to complete such additional testing, training,
or remedial education as the Board may deem necessary in order
to establish the applicant's present capacity to practice
dentistry with reasonable judgment, skill, and safety.
(Source: P.A. 96-14, eff. 6-19-09; revised 11-3-09.)
Section 425. The Medical Practice Act of 1987 is amended by
changing Section 22 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on December 31, 2010)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probationary status, refuse to renew, or take any other
disciplinary action as the Department may deem proper with
regard to the license or visiting professor permit of any
person issued under this Act to practice medicine, or to treat
human ailments without the use of drugs and without operative
surgery upon any of the following grounds:
(1) Performance of an elective abortion in any place,
locale, facility, or institution other than:
(a) a facility licensed pursuant to the Ambulatory
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act; or

SB3733 Enrolled - 1149 - LRB096 19592 AMC 34984 b
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department or
agency has authority under law to establish and enforce
standards for the ambulatory surgical treatment
centers, hospitalization, or care facilities under its
management and control; or
(d) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by the
Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds
raised by taxation.
(2) Performance of an abortion procedure in a wilful
and wanton manner on a woman who was not pregnant at the
time the abortion procedure was performed.
(3) The conviction of a felony in this or any other
jurisdiction, except as otherwise provided in subsection B
of this Section, whether or not related to practice under
this Act, or the entry of a guilty or nolo contendere plea
to a felony charge.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,

SB3733 Enrolled - 1150 - LRB096 19592 AMC 34984 b
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, of alcohol, or of any
other substances which results in the inability to practice
with reasonable judgment, skill or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Disciplinary action of another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof.

SB3733 Enrolled - 1151 - LRB096 19592 AMC 34984 b
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action of
the Secretary, after consideration of the recommendation
of the Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Disciplinary Board that
the registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking or agreeing to cure or treat
disease by a secret method, procedure, treatment or
medicine, or the treating, operating or prescribing for any
human condition by a method, means or procedure which the

SB3733 Enrolled - 1152 - LRB096 19592 AMC 34984 b
licensee refuses to divulge upon demand of the Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Wilfully making or filing false records or reports
in his or her practice as a physician, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(22) Wilful omission to file or record, or wilfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or wilfully failing to report an instance
of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and wilful and continued overcharging for

SB3733 Enrolled - 1153 - LRB096 19592 AMC 34984 b
professional services, including filing false statements
for collection of fees for which services are not rendered,
including, but not limited to, filing such false statements
for collection of monies for services not rendered from the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.
(30) Wilfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed

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under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra, as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any peer
review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of a
license or authorization to practice as a medical doctor, a
doctor of osteopathy, a doctor of osteopathic medicine, or
doctor of chiropractic in another state or jurisdiction, or
surrender of membership on any medical staff or in any
medical or professional association or society, while
under disciplinary investigation by any of those
authorities or bodies, for acts or conduct similar to acts
or conduct which would constitute grounds for action as
defined in this Section.
(36) Failure to report to the Department any adverse

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judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct
which would constitute grounds for action as defined in
this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of 1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice nurse.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may

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deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred or a report pursuant to Section 23 of this Act
received within the 10-year period preceding the filing of the
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.

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The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Medical Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission

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of any act, including, but not limited to, commission of an
act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Medical Disciplinary Board,
upon a showing of a possible violation, may compel any
individual licensed to practice under this Act, or who has
applied for licensure or a permit pursuant to this Act, to
submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The examining
physician or physicians shall be those specifically designated
by the Disciplinary Board. The Medical Disciplinary Board or
the Department may order the examining physician to present
testimony concerning this mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of any
individual to submit to mental or physical examination, when
directed, shall be grounds for suspension of his or her license

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until such time as the individual submits to the examination if
the Disciplinary Board finds, after notice and hearing, that
the refusal to submit to the examination was without reasonable
cause. If the Disciplinary Board finds a physician unable to
practice because of the reasons set forth in this Section, the
Disciplinary Board shall require such physician to submit to
care, counseling, or treatment by physicians approved or
designated by the Disciplinary Board, as a condition for
continued, reinstated, or renewed licensure to practice. Any
physician, whose license was granted pursuant to Sections 9,
17, or 19 of this Act, or, continued, reinstated, renewed,
disciplined or supervised, subject to such terms, conditions or
restrictions who shall fail to comply with such terms,
conditions or restrictions, or to complete a required program
of care, counseling, or treatment, as determined by the Chief
Medical Coordinator or Deputy Medical Coordinators, shall be
referred to the Secretary for a determination as to whether the
licensee shall have their license suspended immediately,
pending a hearing by the Disciplinary Board. In instances in
which the Secretary immediately suspends a license under this
Section, a hearing upon such person's license must be convened
by the Disciplinary Board within 15 days after such suspension
and completed without appreciable delay. The Disciplinary
Board shall have the authority to review the subject
physician's record of treatment and counseling regarding the
impairment, to the extent permitted by applicable federal

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statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Medical
Disciplinary Fund.
(B) The Department shall revoke the license or visiting
permit of any person issued under this Act to practice medicine
or to treat human ailments without the use of drugs and without
operative surgery, who has been convicted a second time of
committing any felony under the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection
Act, or who has been convicted a second time of committing a
Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
Public Aid Code. A person whose license or visiting permit is
revoked under this subsection B of Section 22 of this Act shall
be prohibited from practicing medicine or treating human

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ailments without the use of drugs and without operative
surgery.
(C) The Medical Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 95-331, eff. 8-21-07; 96-608, eff. 8-24-09;
revised 11-3-09.)
Section 430. The Nurse Practice Act is amended by changing
Section 50-15 as follows:
(225 ILCS 65/50-15) (was 225 ILCS 65/5-15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-15. Policy; application of Act.
(a) For the protection of life and the promotion of health,
and the prevention of illness and communicable diseases, any
person practicing or offering to practice advanced,
professional, or practical nursing in Illinois shall submit
evidence that he or she is qualified to practice, and shall be

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licensed as provided under this Act. No person shall practice
or offer to practice advanced, professional, or practical
nursing in Illinois or use any title, sign, card or device to
indicate that such a person is practicing professional or
practical nursing unless such person has been licensed under
the provisions of this Act.
(b) This Act does not prohibit the following:
(1) The practice of nursing in Federal employment in
the discharge of the employee's duties by a person who is
employed by the United States government or any bureau,
division or agency thereof and is a legally qualified and
licensed nurse of another state or territory and not in
conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
this Act.
(2) Nursing that is included in the program of study by
students enrolled in programs of nursing or in current
nurse practice update courses approved by the Department.
(3) The furnishing of nursing assistance in an
emergency.
(4) The practice of nursing by a nurse who holds an
active license in another state when providing services to
patients in Illinois during a bonafide emergency or in
immediate preparation for or during interstate transit.
(5) The incidental care of the sick by members of the
family, domestic servants or housekeepers, or care of the
sick where treatment is by prayer or spiritual means.

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(6) Persons from being employed as unlicensed
assistive personnel in private homes, long term care
facilities, nurseries, hospitals or other institutions.
(7) The practice of practical nursing by one who is a
licensed practical nurse under the laws of another U.S.
jurisdiction and has applied in writing to the Department,
in form and substance satisfactory to the Department, for a
license as a licensed practical nurse and who is qualified
to receive such license under this Act, until (i) the
expiration of 6 months after the filing of such written
application, (ii) the withdrawal of such application, or
(iii) the denial of such application by the Department.
(8) The practice of advanced practice nursing by one
who is an advanced practice nurse under the laws of another
state, territory of the United States, or country and has
applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as an
advanced practice nurse and who is qualified to receive
such license under this Act, until (i) the expiration of 6
months after the filing of such written application, (ii)
the withdrawal of such application, or (iii) the denial of
such application by the Department.
(9) The practice of professional nursing by one who is
a registered professional nurse under the laws of another
state, territory of the United States or country and has
applied in writing to the Department, in form and substance

SB3733 Enrolled - 1164 - LRB096 19592 AMC 34984 b
satisfactory to the Department, for a license as a
registered professional nurse and who is qualified to
receive such license under Section 55-10, until (1) the
expiration of 6 months after the filing of such written
application, (2) the withdrawal of such application, or (3)
the denial of such application by the Department.
(10) The practice of professional nursing that is
included in a program of study by one who is a registered
professional nurse under the laws of another state or
territory of the United States or foreign country,
territory or province and who is enrolled in a graduate
nursing education program or a program for the completion
of a baccalaureate nursing degree in this State, which
includes clinical supervision by faculty as determined by
the educational institution offering the program and the
health care organization where the practice of nursing
occurs.
(11) Any person licensed in this State under any other
Act from engaging in the practice for which she or he is
licensed.
(12) Delegation to authorized direct care staff
trained under Section 15.4 of the Mental Health and
Developmental Disabilities Administrative Act consistent
with the policies of the Department.
(13) The practice, services, or activities of persons
practicing the specified occupations set forth in

SB3733 Enrolled - 1165 - LRB096 19592 AMC 34984 b
subsection (a) of, and pursuant to a licensing exemption
granted in subsection (b) or (d) of, Section 2105-350 of
the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois, but only for so long as
the 2016 Olympic and Paralympic Games Professional
Licensure Exemption Law is operable.
(14) (13) County correctional personnel from
delivering prepackaged medication for self-administration
to an individual detainee in a correctional facility.
Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician, dentist, or
podiatrist to a licensed practical nurse, a registered
professional nurse, or other persons.
(Source: P.A. 95-639, eff. 10-5-07; 95-876, eff. 8-21-08; 96-7,
eff. 4-3-09; 96-516, eff. 8-14-09; revised 9-15-09.)
Section 435. The Illinois Optometric Practice Act of 1987
is amended by changing Section 24 as follows:
(225 ILCS 80/24) (from Ch. 111, par. 3924)
(Section scheduled to be repealed on January 1, 2017)
Sec. 24. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 for each violation, with

SB3733 Enrolled - 1166 - LRB096 19592 AMC 34984 b
regard to any license for any one or combination of the
following causes:
(1) Violations of this Act, or of the rules promulgated
hereunder.
(2) Conviction of or entry of a plea of guilty to any
crime under the laws of any U.S. jurisdiction thereof that
is a felony or that is a misdemeanor of which an essential
element is dishonesty, or any crime that is directly
related to the practice of the profession.
(3) Making any misrepresentation for the purpose of
obtaining a license.
(4) Professional incompetence or gross negligence in
the practice of optometry.
(5) Gross malpractice, prima facie evidence of which
may be a conviction or judgment of malpractice in any court
of competent jurisdiction.
(6) Aiding or assisting another person in violating any
provision of this Act or rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department that
has been sent by certified or registered mail to the
licensee's last known address.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,

SB3733 Enrolled - 1167 - LRB096 19592 AMC 34984 b
narcotics, stimulants or any other chemical agent or drug
that results in the inability to practice with reasonable
judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein.
(11) Violation of the prohibition against fee
splitting in Section 24.2 of this Act.
(12) A finding by the Department that the licensee,
after having his or her license placed on probationary
status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments.
(15) Willfully failing to report an instance of
suspected abuse or neglect as required by law.
(16) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill, mental illness, or disability that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(17) Solicitation of professional services other than
permitted advertising.
(18) Failure to provide a patient with a copy of his or

SB3733 Enrolled - 1168 - LRB096 19592 AMC 34984 b
her record or prescription in accordance with federal law.
(19) Conviction by any court of competent
jurisdiction, either within or without this State, of any
violation of any law governing the practice of optometry,
conviction in this or another State of any crime that is a
felony under the laws of this State or conviction of a
felony in a federal court, if the Department determines,
after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust.
(20) A finding that licensure has been applied for or
obtained by fraudulent means.
(21) Continued practice by a person knowingly having an
infectious or contagious disease.
(22) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or a
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(23) Practicing or attempting to practice under a name
other than the full name as shown on his or her license.
(24) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct or sexual exploitation,
related to the licensee's practice.
(25) Maintaining a professional relationship with any

SB3733 Enrolled - 1169 - LRB096 19592 AMC 34984 b
person, firm, or corporation when the optometrist knows, or
should know, that such person, firm, or corporation is
violating this Act.
(26) Promotion of the sale of drugs, devices,
appliances or goods provided for a client or patient in
such manner as to exploit the patient or client for
financial gain of the licensee.
(27) Using the title "Doctor" or its abbreviation
without further qualifying that title or abbreviation with
the word "optometry" or "optometrist".
(28) Use by a licensed optometrist of the word
"infirmary", "hospital", "school", "university", in
English or any other language, in connection with the place
where optometry may be practiced or demonstrated.
(29) Continuance of an optometrist in the employ of any
person, firm or corporation, or as an assistant to any
optometrist or optometrists, directly or indirectly, after
his or her employer or superior has been found guilty of
violating or has been enjoined from violating the laws of
the State of Illinois relating to the practice of
optometry, when the employer or superior persists in that
violation.
(30) The performance of optometric service in
conjunction with a scheme or plan with another person, firm
or corporation known to be advertising in a manner contrary
to this Act or otherwise violating the laws of the State of

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Illinois concerning the practice of optometry.
(31) Failure to provide satisfactory proof of having
participated in approved continuing education programs as
determined by the Board and approved by the Secretary.
Exceptions for extreme hardships are to be defined by the
rules of the Department.
(32) Willfully making or filing false records or
reports in the practice of optometry, including, but not
limited to false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(33) Gross and willful overcharging for professional
services including filing false statements for collection
of fees for which services are not rendered, including, but
not limited to filing false statements for collection of
monies for services not rendered from the medical
assistance program of the Department of Healthcare and
Family Services (formerly Department of Public Aid) under
the Illinois Public Aid Code.
(34) In the absence of good reasons to the contrary,
failure to perform a minimum eye examination as required by
the rules of the Department.
(35) Violation of the Health Care Worker Self-Referral
Act.
The Department may refuse to issue or may suspend the

SB3733 Enrolled - 1171 - LRB096 19592 AMC 34984 b
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of the tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
(a-5) In enforcing this Section, the Board upon a showing
of a possible violation, may compel any individual licensed to
practice under this Act, or who has applied for licensure or
certification pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians or clinical
psychologists shall be those specifically designated by the
Board. The Board or the Department may order the examining
physician or clinical psychologist to present testimony
concerning this mental or physical examination of the licensee
or applicant. No information shall be excluded by reason of any
common law or statutory privilege relating to communications
between the licensee or applicant and the examining physician
or clinical psychologist. Eye examinations may be provided by a
licensed optometrist. The individual to be examined may have,
at his or her own expense, another physician of his or her
choice present during all aspects of the examination. Failure
of any individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension of
a license until such time as the individual submits to the

SB3733 Enrolled - 1172 - LRB096 19592 AMC 34984 b
examination if the Board finds, after notice and hearing, that
the refusal to submit to the examination was without reasonable
cause.
If the Board finds an individual unable to practice because
of the reasons set forth in this Section, the Board shall
require such individual to submit to care, counseling, or
treatment by physicians or clinical psychologists approved or
designated by the Board, as a condition, term, or restriction
for continued, reinstated, or renewed licensure to practice, or
in lieu of care, counseling, or treatment, the Board may
recommend to the Department to file a complaint to immediately
suspend, revoke, or otherwise discipline the license of the
individual, or the Board may recommend to the Department to
file a complaint to suspend, revoke, or otherwise discipline
the license of the individual. Any individual whose license was
granted pursuant to this Act, or continued, reinstated,
renewed, disciplined, or supervised, subject to such
conditions, terms, or restrictions, who shall fail to comply
with such conditions, terms, or restrictions, shall be referred
to the Secretary for a determination as to whether the
individual shall have his or her license suspended immediately,
pending a hearing by the Board.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will

SB3733 Enrolled - 1173 - LRB096 19592 AMC 34984 b
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient; and
upon the recommendation of the Board to the Secretary that the
licensee be allowed to resume his or her practice.
(Source: P.A. 96-378, eff. 1-1-10; 96-608, eff. 8-24-09;
revised 10-6-09.)
Section 440. The Orthotics, Prosthetics, and Pedorthics
Practice Act is amended by changing Section 15 as follows:
(225 ILCS 84/15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 15. Exceptions. This Act shall not be construed to
prohibit:
(1) a physician licensed in this State from engaging in the
practice for which he or she is licensed;
(2) a person licensed in this State under any other Act
from engaging in the practice for which he or she is licensed;
(3) the practice of orthotics, prosthetics, or pedorthics
by a person who is employed by the federal government or any
bureau, division, or agency of the federal government while in
the discharge of the employee's official duties;
(4) the practice of orthotics, prosthetics, or pedorthics
by (i) a student enrolled in a school of orthotics,
prosthetics, or pedorthics, (ii) a resident continuing his or

SB3733 Enrolled - 1174 - LRB096 19592 AMC 34984 b
her clinical education in a residency accredited by the
National Commission on Orthotic and Prosthetic Education, or
(iii) a student in a qualified work experience program or
internship in pedorthics;
(5) the practice of orthotics, prosthetics, or pedorthics
by one who is an orthotist, prosthetist, or pedorthist licensed
under the laws of another state or territory of the United
States or another country and has applied in writing to the
Department, in a form and substance satisfactory to the
Department, for a license as orthotist, prosthetist, or
pedorthist and who is qualified to receive the license under
Section 40 until (i) the expiration of 6 months after the
filing of the written application, (ii) the withdrawal of the
application, or (iii) the denial of the application by the
Department;
(6) a person licensed by this State as a physical
therapist, occupational therapist, or advanced practice nurse
from engaging in his or her profession; or
(7) a physician licensed under the Podiatric Medical
Practice Act of 1987 1997 from engaging in his or her
profession.
(Source: P.A. 96-682, eff. 8-25-09; revised 11-3-09.)
Section 445. The Pharmacy Practice Act is amended by
changing Sections 3 and 15 as follows:

SB3733 Enrolled - 1175 - LRB096 19592 AMC 34984 b
(225 ILCS 85/3)
(Text of Section before amendment by P.A. 96-339)
(Section scheduled to be repealed on January 1, 2018)
Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where
pharmacist care is provided by a pharmacist (1) where drugs,
medicines, or poisons are dispensed, sold or offered for sale
at retail, or displayed for sale at retail; or (2) where
prescriptions of physicians, dentists, advanced practice
nurses, physician assistants, veterinarians, podiatrists, or
optometrists, within the limits of their licenses, are
compounded, filled, or dispensed; or (3) which has upon it or
displayed within it, or affixed to or used in connection with
it, a sign bearing the word or words "Pharmacist", "Druggist",
"Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", "Drugs", "Dispensary",
"Medicines", or any word or words of similar or like import,
either in the English language or any other language; or (4)
where the characteristic prescription sign (Rx) or similar
design is exhibited; or (5) any store, or shop, or other place
with respect to which any of the above words, objects, signs or
designs are used in any advertisement.
(b) "Drugs" means and includes (l) articles recognized in
the official United States Pharmacopoeia/National Formulary

SB3733 Enrolled - 1176 - LRB096 19592 AMC 34984 b
(USP/NF), or any supplement thereto and being intended for and
having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration, but
does not include devices or their components, parts, or
accessories; and (2) all other articles intended for and having
for their main use the diagnosis, cure, mitigation, treatment
or prevention of disease in man or other animals, as approved
by the United States Food and Drug Administration, but does not
include devices or their components, parts, or accessories; and
(3) articles (other than food) having for their main use and
intended to affect the structure or any function of the body of
man or other animals; and (4) articles having for their main
use and intended for use as a component or any articles
specified in clause (l), (2) or (3); but does not include
devices or their components, parts or accessories.
(c) "Medicines" means and includes all drugs intended for
human or veterinary use approved by the United States Food and
Drug Administration.
(d) "Practice of pharmacy" means (1) the interpretation and
the provision of assistance in the monitoring, evaluation, and
implementation of prescription drug orders; (2) the dispensing
of prescription drug orders; (3) participation in drug and
device selection; (4) drug administration limited to the
administration of oral, topical, injectable, and inhalation as
follows: in the context of patient education on the proper use

SB3733 Enrolled - 1177 - LRB096 19592 AMC 34984 b
or delivery of medications; vaccination of patients 14 years of
age and older pursuant to a valid prescription or standing
order, by a physician licensed to practice medicine in all its
branches, upon completion of appropriate training, including
how to address contraindications and adverse reactions set
forth by rule, with notification to the patient's physician and
appropriate record retention, or pursuant to hospital pharmacy
and therapeutics committee policies and procedures; (5) drug
regimen review; (6) drug or drug-related research; (7) the
provision of patient counseling; (8) the practice of
telepharmacy; (9) the provision of those acts or services
necessary to provide pharmacist care; (10) medication therapy
management; and (11) the responsibility for compounding and
labeling of drugs and devices (except labeling by a
manufacturer, repackager, or distributor of non-prescription
drugs and commercially packaged legend drugs and devices),
proper and safe storage of drugs and devices, and maintenance
of required records. A pharmacist who performs any of the acts
defined as the practice of pharmacy in this State must be
actively licensed as a pharmacist under this Act.
(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, or
podiatrist, or optometrist, within the limits of their
licenses, by a physician assistant in accordance with

SB3733 Enrolled - 1178 - LRB096 19592 AMC 34984 b
subsection (f) of Section 4, or by an advanced practice nurse
in accordance with subsection (g) of Section 4, containing the
following: (l) name of the patient; (2) date when prescription
was issued; (3) name and strength of drug or description of the
medical device prescribed; and (4) quantity, (5) directions for
use, (6) prescriber's name, address and signature, and (7) DEA
number where required, for controlled substances. DEA numbers
shall not be required on inpatient drug orders.
(f) "Person" means and includes a natural person,
copartnership, association, corporation, government entity, or
any other legal entity.
(g) "Department" means the Department of Financial and
Professional Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board of
Pharmacy of the Department of Financial and Professional
Regulation.
(i) "Secretary" means the Secretary of Financial and
Professional Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug and
Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act or the Hospital
Licensing Act, or "An Act in relation to the founding and

SB3733 Enrolled - 1179 - LRB096 19592 AMC 34984 b
operation of the University of Illinois Hospital and the
conduct of University of Illinois health care programs",
approved July 3, 1931, as amended, or a facility which is
operated by the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual health care
professional and provider currently licensed by this State to
engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license and who is responsible
for all aspects of the operation related to the practice of
pharmacy.
(m) "Dispense" or "dispensing" means the interpretation,
evaluation, and implementation of a prescription drug order,
including the preparation and delivery of a drug or device to a
patient or patient's agent in a suitable container
appropriately labeled for subsequent administration to or use
by a patient in accordance with applicable State and federal
laws and regulations. "Dispense" or "dispensing" does not mean
the physical delivery to a patient or a patient's
representative in a home or institution by a designee of a
pharmacist or by common carrier. "Dispense" or "dispensing"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the

SB3733 Enrolled - 1180 - LRB096 19592 AMC 34984 b
pharmacist is on duty and the pharmacy is open.
(n) "Nonresident pharmacy" means a pharmacy that is located
in a state, commonwealth, or territory of the United States,
other than Illinois, that delivers, dispenses, or distributes,
through the United States Postal Service, commercially
acceptable parcel delivery service, or other common carrier, to
Illinois residents, any substance which requires a
prescription.
(o) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if all of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(p) (Blank).
(q) (Blank).

SB3733 Enrolled - 1181 - LRB096 19592 AMC 34984 b
(r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the supervision of a
pharmacist and a patient or the patient's representative about
the patient's medication or device for the purpose of
optimizing proper use of prescription medications or devices.
"Patient counseling" may include without limitation (1)
obtaining a medication history; (2) acquiring a patient's
allergies and health conditions; (3) facilitation of the
patient's understanding of the intended use of the medication;
(4) proper directions for use; (5) significant potential
adverse events; (6) potential food-drug interactions; and (7)
the need to be compliant with the medication therapy. A
pharmacy technician may only participate in the following
aspects of patient counseling under the supervision of a
pharmacist: (1) obtaining medication history; (2) providing
the offer for counseling by a pharmacist or student pharmacist;
and (3) acquiring a patient's allergies and health conditions.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription information, including prescriptions for
controlled substances, and personal information.
(t) (Blank).
(u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent, or
other similar or related article, including any component part
or accessory, required under federal law to bear the label

SB3733 Enrolled - 1182 - LRB096 19592 AMC 34984 b
"Caution: Federal law requires dispensing by or on the order of
a physician". A seller of goods and services who, only for the
purpose of retail sales, compounds, sells, rents, or leases
medical devices shall not, by reasons thereof, be required to
be a licensed pharmacy.
(v) "Unique identifier" means an electronic signature,
handwritten signature or initials, thumb print, or other
acceptable biometric or electronic identification process as
approved by the Department.
(w) "Current usual and customary retail price" means the
price that a pharmacy charges to a non-third-party payor.
(x) "Automated pharmacy system" means a mechanical system
located within the confines of the pharmacy or remote location
that performs operations or activities, other than compounding
or administration, relative to storage, packaging, dispensing,
or distribution of medication, and which collects, controls,
and maintains all transaction information.
(y) "Drug regimen review" means and includes the evaluation
of prescription drug orders and patient records for (1) known
allergies; (2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as age,
gender, and contraindications; (4) reasonable directions for
use; (5) potential or actual adverse drug reactions; (6)
drug-drug interactions; (7) drug-food interactions; (8)
drug-disease contraindications; (9) therapeutic duplication;

SB3733 Enrolled - 1183 - LRB096 19592 AMC 34984 b
(10) patient laboratory values when authorized and available;
(11) proper utilization (including over or under utilization)
and optimum therapeutic outcomes; and (12) abuse and misuse.
(z) "Electronic transmission prescription" means any
prescription order for which a facsimile or electronic image of
the order is electronically transmitted from a licensed
prescriber to a pharmacy. "Electronic transmission
prescription" includes both data and image prescriptions.
(aa) "Medication therapy management services" means a
distinct service or group of services offered by licensed
pharmacists, physicians licensed to practice medicine in all
its branches, advanced practice nurses authorized in a written
agreement with a physician licensed to practice medicine in all
its branches, or physician assistants authorized in guidelines
by a supervising physician that optimize therapeutic outcomes
for individual patients through improved medication use. In a
retail or other non-hospital pharmacy, medication therapy
management services shall consist of the evaluation of
prescription drug orders and patient medication records to
resolve conflicts with the following:
(1) known allergies;
(2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as
age, gender, and contraindications;
(4) reasonable directions for use;

SB3733 Enrolled - 1184 - LRB096 19592 AMC 34984 b
(5) potential or actual adverse drug reactions;
(6) drug-drug interactions;
(7) drug-food interactions;
(8) drug-disease contraindications;
(9) identification of therapeutic duplication;
(10) patient laboratory values when authorized and
available;
(11) proper utilization (including over or under
utilization) and optimum therapeutic outcomes; and
(12) drug abuse and misuse.
"Medication therapy management services" includes the
following:
(1) documenting the services delivered and
communicating the information provided to patients'
prescribers within an appropriate time frame, not to exceed
48 hours;
(2) providing patient counseling designed to enhance a
patient's understanding and the appropriate use of his or
her medications; and
(3) providing information, support services, and
resources designed to enhance a patient's adherence with
his or her prescribed therapeutic regimens.
"Medication therapy management services" may also include
patient care functions authorized by a physician licensed to
practice medicine in all its branches for his or her identified
patient or groups of patients under specified conditions or

SB3733 Enrolled - 1185 - LRB096 19592 AMC 34984 b
limitations in a standing order from the physician.
"Medication therapy management services" in a licensed
hospital may also include the following:
(1) reviewing assessments of the patient's health
status; and
(2) following protocols of a hospital pharmacy and
therapeutics committee with respect to the fulfillment of
medication orders.
(bb) "Pharmacist care" means the provision by a pharmacist
of medication therapy management services, with or without the
dispensing of drugs or devices, intended to achieve outcomes
that improve patient health, quality of life, and comfort and
enhance patient safety.
(cc) "Protected health information" means individually
identifiable health information that, except as otherwise
provided, is:
(1) transmitted by electronic media;
(2) maintained in any medium set forth in the
definition of "electronic media" in the federal Health
Insurance Portability and Accountability Act; or
(3) transmitted or maintained in any other form or
medium.
"Protected health information" does not include individually
identifiable health information found in:
(1) education records covered by the federal Family
Educational Right and Privacy Act; or

SB3733 Enrolled - 1186 - LRB096 19592 AMC 34984 b
(2) employment records held by a licensee in its role
as an employer.
(dd) "Standing order" means a specific order for a patient
or group of patients issued by a physician licensed to practice
medicine in all its branches in Illinois.
(ee) "Address of record" means the address recorded by the
Department in the applicant's or licensee's application file or
license file, as maintained by the Department's licensure
maintenance unit.
(ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
(Text of Section after amendment by P.A. 96-339)
(Section scheduled to be repealed on January 1, 2018)
Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where
pharmacist care is provided by a pharmacist (1) where drugs,
medicines, or poisons are dispensed, sold or offered for sale
at retail, or displayed for sale at retail; or (2) where
prescriptions of physicians, dentists, advanced practice
nurses, physician assistants, veterinarians, podiatrists, or
optometrists, within the limits of their licenses, are
compounded, filled, or dispensed; or (3) which has upon it or

SB3733 Enrolled - 1187 - LRB096 19592 AMC 34984 b
displayed within it, or affixed to or used in connection with
it, a sign bearing the word or words "Pharmacist", "Druggist",
"Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", "Drugs", "Dispensary",
"Medicines", or any word or words of similar or like import,
either in the English language or any other language; or (4)
where the characteristic prescription sign (Rx) or similar
design is exhibited; or (5) any store, or shop, or other place
with respect to which any of the above words, objects, signs or
designs are used in any advertisement.
(b) "Drugs" means and includes (l) articles recognized in
the official United States Pharmacopoeia/National Formulary
(USP/NF), or any supplement thereto and being intended for and
having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration, but
does not include devices or their components, parts, or
accessories; and (2) all other articles intended for and having
for their main use the diagnosis, cure, mitigation, treatment
or prevention of disease in man or other animals, as approved
by the United States Food and Drug Administration, but does not
include devices or their components, parts, or accessories; and
(3) articles (other than food) having for their main use and
intended to affect the structure or any function of the body of
man or other animals; and (4) articles having for their main
use and intended for use as a component or any articles

SB3733 Enrolled - 1188 - LRB096 19592 AMC 34984 b
specified in clause (l), (2) or (3); but does not include
devices or their components, parts or accessories.
(c) "Medicines" means and includes all drugs intended for
human or veterinary use approved by the United States Food and
Drug Administration.
(d) "Practice of pharmacy" means (1) the interpretation and
the provision of assistance in the monitoring, evaluation, and
implementation of prescription drug orders; (2) the dispensing
of prescription drug orders; (3) participation in drug and
device selection; (4) drug administration limited to the
administration of oral, topical, injectable, and inhalation as
follows: in the context of patient education on the proper use
or delivery of medications; vaccination of patients 14 years of
age and older pursuant to a valid prescription or standing
order, by a physician licensed to practice medicine in all its
branches, upon completion of appropriate training, including
how to address contraindications and adverse reactions set
forth by rule, with notification to the patient's physician and
appropriate record retention, or pursuant to hospital pharmacy
and therapeutics committee policies and procedures; (5) drug
regimen review; (6) drug or drug-related research; (7) the
provision of patient counseling; (8) the practice of
telepharmacy; (9) the provision of those acts or services
necessary to provide pharmacist care; (10) medication therapy
management; and (11) the responsibility for compounding and
labeling of drugs and devices (except labeling by a

SB3733 Enrolled - 1189 - LRB096 19592 AMC 34984 b
manufacturer, repackager, or distributor of non-prescription
drugs and commercially packaged legend drugs and devices),
proper and safe storage of drugs and devices, and maintenance
of required records. A pharmacist who performs any of the acts
defined as the practice of pharmacy in this State must be
actively licensed as a pharmacist under this Act.
(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, or
podiatrist, or optometrist, within the limits of their
licenses, by a physician assistant in accordance with
subsection (f) of Section 4, or by an advanced practice nurse
in accordance with subsection (g) of Section 4, containing the
following: (l) name of the patient; (2) date when prescription
was issued; (3) name and strength of drug or description of the
medical device prescribed; and (4) quantity, (5) directions for
use, (6) prescriber's name, address and signature, and (7) DEA
number where required, for controlled substances. DEA numbers
shall not be required on inpatient drug orders.
(f) "Person" means and includes a natural person,
copartnership, association, corporation, government entity, or
any other legal entity.
(g) "Department" means the Department of Financial and
Professional Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board of

SB3733 Enrolled - 1190 - LRB096 19592 AMC 34984 b
Pharmacy of the Department of Financial and Professional
Regulation.
(i) "Secretary" means the Secretary of Financial and
Professional Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug and
Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act, the MR/DD Community
Care Act, or the Hospital Licensing Act, or "An Act in relation
to the founding and operation of the University of Illinois
Hospital and the conduct of University of Illinois health care
programs", approved July 3, 1931, as amended, or a facility
which is operated by the Department of Human Services (as
successor to the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual health care
professional and provider currently licensed by this State to
engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license and who is responsible
for all aspects of the operation related to the practice of
pharmacy.
(m) "Dispense" or "dispensing" means the interpretation,

SB3733 Enrolled - 1191 - LRB096 19592 AMC 34984 b
evaluation, and implementation of a prescription drug order,
including the preparation and delivery of a drug or device to a
patient or patient's agent in a suitable container
appropriately labeled for subsequent administration to or use
by a patient in accordance with applicable State and federal
laws and regulations. "Dispense" or "dispensing" does not mean
the physical delivery to a patient or a patient's
representative in a home or institution by a designee of a
pharmacist or by common carrier. "Dispense" or "dispensing"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the
pharmacist is on duty and the pharmacy is open.
(n) "Nonresident pharmacy" means a pharmacy that is located
in a state, commonwealth, or territory of the United States,
other than Illinois, that delivers, dispenses, or distributes,
through the United States Postal Service, commercially
acceptable parcel delivery service, or other common carrier, to
Illinois residents, any substance which requires a
prescription.
(o) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale

SB3733 Enrolled - 1192 - LRB096 19592 AMC 34984 b
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if all of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(p) (Blank).
(q) (Blank).
(r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the supervision of a
pharmacist and a patient or the patient's representative about
the patient's medication or device for the purpose of
optimizing proper use of prescription medications or devices.
"Patient counseling" may include without limitation (1)
obtaining a medication history; (2) acquiring a patient's
allergies and health conditions; (3) facilitation of the
patient's understanding of the intended use of the medication;
(4) proper directions for use; (5) significant potential
adverse events; (6) potential food-drug interactions; and (7)
the need to be compliant with the medication therapy. A
pharmacy technician may only participate in the following
aspects of patient counseling under the supervision of a

SB3733 Enrolled - 1193 - LRB096 19592 AMC 34984 b
pharmacist: (1) obtaining medication history; (2) providing
the offer for counseling by a pharmacist or student pharmacist;
and (3) acquiring a patient's allergies and health conditions.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription information, including prescriptions for
controlled substances, and personal information.
(t) (Blank).
(u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent, or
other similar or related article, including any component part
or accessory, required under federal law to bear the label
"Caution: Federal law requires dispensing by or on the order of
a physician". A seller of goods and services who, only for the
purpose of retail sales, compounds, sells, rents, or leases
medical devices shall not, by reasons thereof, be required to
be a licensed pharmacy.
(v) "Unique identifier" means an electronic signature,
handwritten signature or initials, thumb print, or other
acceptable biometric or electronic identification process as
approved by the Department.
(w) "Current usual and customary retail price" means the
price that a pharmacy charges to a non-third-party payor.
(x) "Automated pharmacy system" means a mechanical system
located within the confines of the pharmacy or remote location
that performs operations or activities, other than compounding

SB3733 Enrolled - 1194 - LRB096 19592 AMC 34984 b
or administration, relative to storage, packaging, dispensing,
or distribution of medication, and which collects, controls,
and maintains all transaction information.
(y) "Drug regimen review" means and includes the evaluation
of prescription drug orders and patient records for (1) known
allergies; (2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as age,
gender, and contraindications; (4) reasonable directions for
use; (5) potential or actual adverse drug reactions; (6)
drug-drug interactions; (7) drug-food interactions; (8)
drug-disease contraindications; (9) therapeutic duplication;
(10) patient laboratory values when authorized and available;
(11) proper utilization (including over or under utilization)
and optimum therapeutic outcomes; and (12) abuse and misuse.
(z) "Electronic transmission prescription" means any
prescription order for which a facsimile or electronic image of
the order is electronically transmitted from a licensed
prescriber to a pharmacy. "Electronic transmission
prescription" includes both data and image prescriptions.
(aa) "Medication therapy management services" means a
distinct service or group of services offered by licensed
pharmacists, physicians licensed to practice medicine in all
its branches, advanced practice nurses authorized in a written
agreement with a physician licensed to practice medicine in all
its branches, or physician assistants authorized in guidelines

SB3733 Enrolled - 1195 - LRB096 19592 AMC 34984 b
by a supervising physician that optimize therapeutic outcomes
for individual patients through improved medication use. In a
retail or other non-hospital pharmacy, medication therapy
management services shall consist of the evaluation of
prescription drug orders and patient medication records to
resolve conflicts with the following:
(1) known allergies;
(2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as
age, gender, and contraindications;
(4) reasonable directions for use;
(5) potential or actual adverse drug reactions;
(6) drug-drug interactions;
(7) drug-food interactions;
(8) drug-disease contraindications;
(9) identification of therapeutic duplication;
(10) patient laboratory values when authorized and
available;
(11) proper utilization (including over or under
utilization) and optimum therapeutic outcomes; and
(12) drug abuse and misuse.
"Medication therapy management services" includes the
following:
(1) documenting the services delivered and
communicating the information provided to patients'

SB3733 Enrolled - 1196 - LRB096 19592 AMC 34984 b
prescribers within an appropriate time frame, not to exceed
48 hours;
(2) providing patient counseling designed to enhance a
patient's understanding and the appropriate use of his or
her medications; and
(3) providing information, support services, and
resources designed to enhance a patient's adherence with
his or her prescribed therapeutic regimens.
"Medication therapy management services" may also include
patient care functions authorized by a physician licensed to
practice medicine in all its branches for his or her identified
patient or groups of patients under specified conditions or
limitations in a standing order from the physician.
"Medication therapy management services" in a licensed
hospital may also include the following:
(1) reviewing assessments of the patient's health
status; and
(2) following protocols of a hospital pharmacy and
therapeutics committee with respect to the fulfillment of
medication orders.
(bb) "Pharmacist care" means the provision by a pharmacist
of medication therapy management services, with or without the
dispensing of drugs or devices, intended to achieve outcomes
that improve patient health, quality of life, and comfort and
enhance patient safety.
(cc) "Protected health information" means individually

SB3733 Enrolled - 1197 - LRB096 19592 AMC 34984 b
identifiable health information that, except as otherwise
provided, is:
(1) transmitted by electronic media;
(2) maintained in any medium set forth in the
definition of "electronic media" in the federal Health
Insurance Portability and Accountability Act; or
(3) transmitted or maintained in any other form or
medium.
"Protected health information" does not include individually
identifiable health information found in:
(1) education records covered by the federal Family
Educational Right and Privacy Act; or
(2) employment records held by a licensee in its role
as an employer.
(dd) "Standing order" means a specific order for a patient
or group of patients issued by a physician licensed to practice
medicine in all its branches in Illinois.
(ee) "Address of record" means the address recorded by the
Department in the applicant's or licensee's application file or
license file, as maintained by the Department's licensure
maintenance unit.
(ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
(Source: P.A. 95-689, eff. 10-29-07; 96-339, eff. 7-1-10;
96-673, eff. 1-1-10; revised 10-1-09.)

SB3733 Enrolled - 1198 - LRB096 19592 AMC 34984 b
(225 ILCS 85/15) (from Ch. 111, par. 4135)
(Section scheduled to be repealed on January 1, 2018)
Sec. 15. Pharmacy requirements.
(1) It shall be unlawful for the owner of any pharmacy, as
defined in this Act, to operate or conduct the same, or to
allow the same to be operated or conducted, unless:
(a) It has a licensed pharmacist, authorized to
practice pharmacy in this State under the provisions of
this Act, on duty whenever the practice of pharmacy is
conducted;
(b) Security provisions for all drugs and devices, as
determined by rule of the Department, are provided during
the absence from the licensed pharmacy of all licensed
pharmacists. Maintenance of security provisions is the
responsibility of the licensed pharmacist in charge; and
(c) The pharmacy is licensed under this Act to conduct
the practice of pharmacy in any and all forms from the
physical address of the pharmacy's primary inventory where
U.S. mail is delivered. If a facility, company, or
organization operates multiple pharmacies from multiple
physical addresses, a separate pharmacy license is
required for each different physical address.
(2) (d) The Department may allow a pharmacy that is not
located at the same location as its home pharmacy and at which
pharmacy services are provided during an emergency situation,
as defined by rule, to be operated as an emergency remote

SB3733 Enrolled - 1199 - LRB096 19592 AMC 34984 b
pharmacy. An emergency remote pharmacy operating under this
subsection (2) (d) shall operate under the license of the home
pharmacy.
(3) The Secretary may waive the requirement for a
pharmacist to be on duty at all times for State facilities not
treating human ailments. This waiver of the requirement remains
in effect until it is rescinded by the Secretary and the
Department provides written notice of the rescission to the
State facility.
(4) It shall be unlawful for any person, who is not a
licensed pharmacy or health care facility, to purport to be
such or to use in name, title, or sign designating, or in
connection with that place of business, any of the words:
"pharmacy", "pharmacist", "pharmacy department", "apothecary",
"druggist", "drug", "drugs", "medicines", "medicine store",
"drug sundries", "prescriptions filled", or any list of words
indicating that drugs are compounded or sold to the lay public,
or prescriptions are dispensed therein. Each day during which,
or a part which, such representation is made or appears or such
a sign is allowed to remain upon or in such a place of business
shall constitute a separate offense under this Act.
(5) The holder of any license or certificate of
registration shall conspicuously display it in the pharmacy in
which he is engaged in the practice of pharmacy. The pharmacist
in charge shall conspicuously display his name in such
pharmacy. The pharmacy license shall also be conspicuously

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displayed.
(Source: P.A. 95-689, eff. 10-29-07; 96-219, eff. 8-10-09;
revised 11-3-09.)
Section 450. The Physician Assistant Practice Act of 1987
is amended by changing Section 7.5 as follows:
(225 ILCS 95/7.5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 7.5. Prescriptions; written supervision agreements;
prescriptive authority.
(a) A written supervision agreement is required for all
physician assistants to practice in the State.
(1) A written supervision agreement shall describe the
working relationship of the physician assistant with the
supervising physician and shall authorize the categories
of care, treatment, or procedures to be performed by the
physician assistant. The written supervision agreement
shall be defined to promote the exercise of professional
judgment by the physician assistant commensurate with his
or her education and experience. The services to be
provided by the physician assistant shall be services that
the supervising physician is authorized to and generally
provides to his or her patients in the normal course of his
or her clinical medical practice. The written supervision
agreement need not describe the exact steps that a

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physician assistant must take with respect to each specific
condition, disease, or symptom but must specify which
authorized procedures require the presence of the
supervising physician as the procedures are being
performed. The supervision relationship under a written
supervision agreement shall not be construed to require the
personal presence of a physician at all times at the place
where services are rendered. Methods of communication
shall be available for consultation with the supervising
physician in person or by telecommunications in accordance
with established written guidelines as set forth in the
written supervision agreement.
(2) The written supervision agreement shall be
adequate if a physician does each of the following:
(A) Participates in the joint formulation and
joint approval of orders or guidelines with the
physician assistant and he or she periodically reviews
such orders and the services provided patients under
such orders in accordance with accepted standards of
medical practice and physician assistant practice.
(B) Meets in person with the physician assistant at
least once a month to provide supervision.
(3) A copy of the signed, written supervision agreement
must be available to the Department upon request from both
the physician assistant and the supervising physician.
(4) A physician assistant shall inform each

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supervising physician of all written supervision
agreements he or she has signed and provide a copy of these
to any supervising physician upon request.
(b) A supervising physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written supervision agreement. This authority may,
but is not required to, include prescription of, selection of,
orders for, administration of, storage of, acceptance of
samples of, and dispensing over the counter medications, legend
drugs, medical gases, and controlled substances categorized as
Schedule III through V controlled substances, as defined in
Article II of the Illinois Controlled Substances Act, and other
preparations, including, but not limited to, botanical and
herbal remedies. The supervising physician must have a valid,
current Illinois controlled substance license and federal
registration with the Drug Enforcement Agency to delegate the
authority to prescribe controlled substances.
(1) To prescribe Schedule III, IV, or V controlled
substances under this Section, a physician assistant must
obtain a mid-level practitioner controlled substances
license. Medication orders issued by a physician assistant
shall be reviewed periodically by the supervising
physician.
(2) The supervising physician shall file with the
Department notice of delegation of prescriptive authority
to a physician assistant and termination of delegation,

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specifying the authority delegated or terminated. Upon
receipt of this notice delegating authority to prescribe
Schedule III, IV, or V controlled substances, the physician
assistant shall be eligible to register for a mid-level
practitioner controlled substances license under Section
303.05 of the Illinois Controlled Substances Act. Nothing
in this Act shall be construed to limit the delegation of
tasks or duties by the supervising physician to a nurse or
other appropriately trained persons in accordance with
Section 54.2 of the Medical Practice Act of 1987.
(3) In addition to the requirements of subsection (b)
of this Section, a supervising physician may, but is not
required to, delegate authority to a physician assistant to
prescribe Schedule II controlled substances, if all of the
following conditions apply:
(A) No more than 5 Schedule II controlled
substances by oral dosage may be delegated.
(B) Any delegation must be controlled substances
that the supervising physician prescribes.
(C) Any prescription must be limited to no more
than a 30-day oral dosage, with any continuation
authorized only after prior approval of the
supervising physician.
(c) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other

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persons.
(Source: P.A. 96-268, eff. 8-11-09; 96-618, eff. 1-1-10;
revised 9-15-09.)
Section 455. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by changing Section 11 as follows:
(225 ILCS 115/11) (from Ch. 111, par. 7011)
(Section scheduled to be repealed on January 1, 2014)
Sec. 11. Practice pending licensure.. A person holding the
degree of Doctor of Veterinary Medicine, or its equivalent,
from an accredited college of veterinary medicine, and who has
applied in writing to the Department for a license to practice
veterinary medicine and surgery in any of its branches, and who
has fulfilled the requirements of Section 8 of this Act, with
the exception of receipt of notification of his or her
examination results, may practice under the direct supervision
of a veterinarian who is licensed in this State, until: (1) the
applicant has been notified of his or her failure to pass the
examination authorized by the Department; (2) the applicant has
withdrawn his or her application; (3) the applicant has
received a license from the Department after successfully
passing the examination authorized by the Department; or (4)
the applicant has been notified by the Department to cease and
desist from practicing.
The applicant shall perform only those acts that may be

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prescribed by and incidental to his or her employment and those
acts shall be performed under the direction of a supervising
veterinarian who is licensed in this State. The applicant shall
not be entitled to otherwise engage in the practice of
veterinary medicine until fully licensed in this State.
The Department shall immediately notify, by certified
mail, the supervising veterinarian employing the applicant and
the applicant that the applicant shall immediately cease and
desist from practicing if the applicant (1) practices outside
his or her employment under a licensed veterinarian; (2)
violates any provision of this Act; or (3) becomes ineligible
for licensure under this Act.
(Source: P.A. 96-571, eff. 8-18-09; 96-638, eff. 8-24-09;
revised 9-15-09.)
Section 460. The Perfusionist Practice Act is amended by
changing Sections 90 and 170 as follows:
(225 ILCS 125/90)
(Section scheduled to be repealed on January 1, 2020)
Sec. 90. Fees; deposit of fees and fines..
(a) The Department shall set by rule fees for the
administration of this Act, including, but not limited to, fees
for initial and renewal licensure and restoration of a license.
The fees shall be nonrefundable.
(b) All of the fees and fines collected under this Act

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shall be deposited into the General Professions Dedicated Fund.
The monies deposited into the Fund shall be appropriated to the
Department for expenses of the Department in the administration
of this Act.
(Source: P.A. 96-682, eff. 8-25-09; revised 11-3-09.)
(225 ILCS 125/170)
(Section scheduled to be repealed on January 1, 2020)
Sec. 170. Hearing officer. The Secretary shall have the
authority to appoint an attorney licensed to practice law in
this State to serve as the hearing officer in any action for
refusal to issue, restore, or renew a license or to discipline
a licensee. The hearing officer shall have full authority to
conduct the hearing. A Board member or members may attend the
hearing. The hearing officer shall report his or her findings
of fact, conclusions of law, and recommendations to the Board.
The Board shall have 60 days from receipt of the report to
review the report of the hearing officer and to present its
findings of fact, conclusions of law, and recommendations to
the Secretary and to all parties to the proceeding. If the
Board fails to present its report within the 60-day period, the
respondent may request in writing a direct appeal to the
Secretary, in which case the Secretary shall, within 7 calendar
days after such request, issue an order directing the Board to
issue its findings of fact, conclusions of law, and
recommendations to the Secretary within 30 calendar days of

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such order. If the Board fails to issue its findings of fact,
conclusions of law, and recommendations within that time frame
to the Secretary after the entry of such order, the Secretary
shall, within 30 calendar days thereafter, issue an order based
upon the report of the hearing officer and the record of the
proceedings in accordance with such order. If (i) a direct
appeal is requested, (ii) the Board fails to issue its findings
of fact, conclusions of law, and recommendations within its
30-day mandate from the Secretary or the Secretary fails to
order the Board to do so, and (iii) the Secretary fails to
issue an order within 30 calendar days thereafter, then the
hearing officer's report is deemed accepted and a final
decision of the Secretary. Notwithstanding the foregoing,
should the Secretary, upon review, determine that substantial
justice has not been done in the revocation, suspension, or
refusal to issue or renew a license, or other disciplinary
action taken per the result of the entry of such hearing
officer's report, the Secretary may order a rehearing by the
same or another examiner.. If the Secretary disagrees with the
recommendation of the Board or hearing officer, he or she may
issue an order in contravention of the recommendation.
(Source: P.A. 96-682, eff. 8-25-09; revised 11-3-09.)
Section 465. The Elevator Safety and Regulation Act is
amended by changing Section 10 as follows:

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(225 ILCS 312/10)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10. Applicability.
(a) This Act covers the construction, operation,
inspection, testing, maintenance, alteration, and repair of
the following equipment, its associated parts, and its
hoistways (except as modified by subsection (c) of this
Section):
(1) Hoisting and lowering mechanisms equipped with a
car or platform, which move between 2 or more landings.
This equipment includes, but is not limited to, the
following (also see ASME A17.1, ASME A17.3, and ASME
A18.1):
(A) Elevators.
(B) Platform lifts and stairway chair lifts.
(2) Power driven stairways and walkways for carrying
persons between landings. This equipment includes, but is
not limited to, the following (also see ASME A17.1 and ASME
A17.3):
(A) Escalators.
(B) Moving walks.
(3) Hoisting and lowering mechanisms equipped with a
car, which serves 2 or more landings and is restricted to
the carrying of material by its limited size or limited
access to the car. This equipment includes, but is not
limited to, the following (also see ASME A17.1 and ASME

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A17.3):
(A) Dumbwaiters.
(B) Material lifts and dumbwaiters with automatic
transfer devices.
(b) This Act covers the construction, operation,
inspection, maintenance, alteration, and repair of automatic
guided transit vehicles on guideways with an exclusive
right-of-way. This equipment includes, but is not limited to,
automated people movers (also see ASCE 21).
(c) This Act does not apply to the following equipment:
(1) Material hoists within the scope of ANSI A10.5.
(2) Manlifts within the scope of ASME A90.1.
(3) Mobile scaffolds, towers, and platforms within the
scope of ANSI A92.
(4) Powered platforms and equipment for exterior and
interior maintenance within the scope of ANSI 120.1.
(5) Conveyors and related equipment within the scope of
ASME B20.1.
(6) Cranes, derricks, hoists, hooks, jacks, and slings
within the scope of ASME B30.
(7) Industrial trucks within the scope of ASME B56.
(8) Portable equipment, except for portable escalators
that are covered by ANSI A17.1.
(9) Tiering or piling machines used to move materials
to and from storage located and operating entirely within
one story.

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(10) Equipment for feeding or positioning materials at
machine tools, printing presses, etc.
(11) Skip or furnace hoists.
(12) Wharf ramps.
(13) Railroad car lifts or dumpers.
(14) Line jacks, false cars, shafters, moving
platforms, and similar equipment used for installing an
elevator by a contractor licensed in this State.
(15) (Blank).
(16) Conveyances located in a private residence not
accessible to the public.
(17) Special purpose personnel elevators within the
scope of ASME A17.1 and used only by authorized personnel.
(18) Personnel hoists within the scope of ANSI A10.4.
(d) This Act does not apply to a municipality with a
population over 500,000.
(Source: P.A. 95-573, eff. 8-31-07; 96-54, eff. 7-23-09;
96-342, eff. 8-11-09; revised 9-4-09.)
Section 470. The Illinois Professional Land Surveyor Act of
1989 is amended by changing Section 5 as follows:
(225 ILCS 330/5) (from Ch. 111, par. 3255)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5. Practice of land surveying defined. Any person who
practices in Illinois as a professional land surveyor who

SB3733 Enrolled - 1211 - LRB096 19592 AMC 34984 b
renders, offers to render, or holds himself or herself out as
able to render, or perform any service, the adequate
performance of which involves the special knowledge of the art
and application of the principles of the accurate and precise
measurement of length, angle, elevation or volume,
mathematics, the related physical and applied sciences, and the
relevant requirements of law, all of which are acquired by
education, training, experience, and examination. Any one or
combination of the following practices constitutes the
practice of land surveying:
(a) Establishing or reestablishing, locating,
defining, and making or monumenting land boundaries or
title or real property lines and the platting of lands and
subdivisions;
(b) Establishing the area or volume of any portion of
the earth's surface, subsurface, or airspace with respect
to boundary lines, determining the configuration or
contours of any portion of the earth's surface, subsurface,
or airspace or the location of fixed objects thereon,
except as performed by photogrammetric methods or except
when the level of accuracy required is less than the level
of accuracy required by the National Society of
Professional Surveyors Model Standards and Practice;
(c) Preparing descriptions for the determination of
title or real property rights to any portion or volume of
the earth's surface, subsurface, or airspace involving the

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lengths and direction of boundary lines, areas, parts of
platted parcels or the contours of the earth's surface,
subsurface, or airspace;
(d) Labeling, designating, naming, or otherwise
identifying legal lines or land title lines of the United
States Rectangular System or any subdivision thereof on any
plat, map, exhibit, photograph, photographic composite, or
mosaic or photogrammetric map of any portion of the earth's
surface for the purpose of recording the same in the Office
of Recorder in any county;
(e) Any act or combination of acts that would be viewed
as offering professional land surveying services
including:
(1) setting monuments which have the appearance of
or for the express purpose of marking land boundaries,
either directly or as an accessory;
(2) providing any sketch, map, plat, report,
monument record, or other document which indicates
land boundaries and monuments, or accessory monuments
thereto, except that if the sketch, map, plat, report,
monument record, or other document is a copy of an
original prepared by a Professional Land Surveyor, and
if proper reference to that fact be made on that
document;
(3) performing topographic surveys, with the
exception of a licensed professional engineer

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knowledgeable in topographical surveys that performs a
topographical survey specific to his or her design
project. A licensed professional engineer may not,
however, offer topographic surveying services that are
independent of his or her specific design project; or
(4) locating, relocating, establishing,
re-establishing, retracing, laying out, or staking
of the location, alignment, or elevation of any
proposed improvements whose location is dependant
upon property lines;
(f) Determining the horizontal or vertical position or
state plane coordinates for any monument or reference point
that marks a title or real property line, boundary, or
corner, or to set, reset, or replace any monument or
reference point on any title or real property;
(g) Creating, preparing, or modifying electronic or
computerized data or maps, including land information
systems and geographic information systems, relative to
the performance of activities in items (a), (b), (d), (e),
(f), and (h) of this Section, except where electronic means
or computerized data is otherwise utilized to integrate,
display, represent, or assess the created, prepared, or
modified data;
(h) Establishing or adjusting any control network or
any geodetic control network or cadastral data as it
pertains to items (a) through (g) of this Section together

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with the assignment of measured values to any United States
Rectangular System corners, title or real property corner
monuments or geodetic monuments;
(i) Preparing and attesting to the accuracy of a map or
plat showing the land boundaries or lines and marks and
monuments of the boundaries or of a map or plat showing the
boundaries of surface, subsurface, or air rights;
(j) Executing and issuing certificates, endorsements,
reports, or plats that portray the horizontal or vertical
relationship between existing physical objects or
structures and one or more corners, datums, or boundaries
of any portion of the earth's surface, subsurface, or
airspace;
(k) Acting in direct supervision and control of land
surveying activities or acting as a manager in any place of
business that solicits, performs, or practices land
surveying;
(l) Offering or soliciting to perform any of the
services set forth in this Section;
(m) In the performance of any of the foregoing functions, a
licensee shall adhere to the standards of professional conduct
enumerated in 68 Ill. Adm. Code 1270.57. Nothing contained in
this Section imposes upon a person licensed under this Act the
responsibility for the performance of any of the foregoing
functions unless such person specifically contracts to perform
such functions.

SB3733 Enrolled - 1215 - LRB096 19592 AMC 34984 b
(Source: P.A. 96-626, eff. 8-24-09; revised 11-3-09.)
Section 475. The Auction License Act is amended by changing
Section 15-10 as follows:
(225 ILCS 407/15-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 15-10. Auction contract. Any auctioneer or auction
firm shall not conduct an auction or provide an auction
service, unless the auctioneer or auction firm enters into a
written auction contract with the seller of any property at
auction prior to the date of the auction. Any agreement shall
state whether the auction is with reserve or absolute. The
agreement shall be signed by the auctioneer or auction firm
conducting an auction or providing an auction service and the
seller or sellers, or the legal agent of the seller or sellers
of the property to be offered at or by auction, and shall
include, but not be limited to the following disclosures:
(1) Licensees shall disclose:
(A) the name, license number, business address,
and phone number of the auctioneer or auction firm
conducting an auction or providing an auction service;
(B) the fee to be paid to the auctioneer or auction
firm for conducting an auction or providing an auction
service; and
(C) an estimate of the advertising costs that shall

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be paid by the seller or sellers of property at auction
and a disclosure that, if the actual advertising costs
exceeds 120% of the estimated advertising cost, the
auctioneer or auction firm shall pay the advertising
costs that exceed 120% of the estimated advertising
costs or shall have the seller or sellers agree in
writing to pay for the actual advertising costs in
excess of 120% of the estimated advertising costs; and .
(D) the buyer premium and the party to the
transaction that receives it.
(2) Sellers shall disclose:
(A) the name, address, and phone number of the
seller or sellers or the legal agent of the seller or
sellers of property to be sold at auction; and
(B) any mortgage, lien, easement, or encumbrance
of which the seller has knowledge on any property or
goods to be sold or leased at or by auction.
(Source: P.A. 96-730, eff. 8-25-09; revised 11-3-09.)
Section 480. The Real Estate Appraiser Licensing Act of
2002 is amended by changing Section 5-10 as follows:
(225 ILCS 458/5-10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5-10. Application for State certified general real
estate appraiser.

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(a) Every person who desires to obtain a State certified
general real estate appraiser license shall:
(1) apply to the Department on forms provided by the
Department accompanied by the required fee;
(2) be at least 18 years of age;
(3) (blank);
(4) personally take and pass an examination authorized
by the Department and endorsed by the AQB;
(5) prior to taking the examination, provide evidence
to the Department, in Modular Course format, with each
module conforming to the Real Property Appraiser
Qualification Criteria established and adopted by the AQB,
that he or she has successfully completed the prerequisite
classroom hours of instruction in appraising as
established by the AQB and by rule; and
(6) prior to taking the examination, provide evidence
to the Department that he or she has successfully completed
the prerequisite experience requirements in appraising as
established by AQB and by rule.
(b) Applicants must provide evidence to the Department of
(i) holding a Bachelor's degree or higher from an accredited
college or university or (ii) successfully passing 30 semester
credit hours or the equivalent from an accredited college or
university, junior college, or community college in the
following subjects:
(1) English composition;

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(2) micro economics;
(3) macro economics;
(4) finance;
(5) algebra, geometry, or higher mathematics;
(6) statistics;
(7) introduction to computers-word processing and
spreadsheets;
(8) business or real estate law; and
(9) two elective courses in accounting, geography,
agricultural economics, business management, or real
estate.
If an accredited college or university accepts the
College-Level Examination Program (CLEP) examinations and
issues a transcript for the exam showing its approval, it will
be considered credit for the college course for the purposes of
meeting the requirements of this subsection (b) (c).
(Source: P.A. 96-844, eff. 12-23-09; revised 1-4-10.)
Section 485. The Riverboat Gambling Act is amended by
changing Section 5 as follows:
(230 ILCS 10/5) (from Ch. 120, par. 2405)
Sec. 5. Gaming Board.
(a) (1) There is hereby established within the Department
of Revenue an Illinois Gaming Board which shall have the powers
and duties specified in this Act, and all other powers

SB3733 Enrolled - 1219 - LRB096 19592 AMC 34984 b
necessary and proper to fully and effectively execute this Act
for the purpose of administering, regulating, and enforcing the
system of riverboat gambling established by this Act. Its
jurisdiction shall extend under this Act to every person,
association, corporation, partnership and trust involved in
riverboat gambling operations in the State of Illinois.
(2) The Board shall consist of 5 members to be appointed by
the Governor with the advice and consent of the Senate, one of
whom shall be designated by the Governor to be chairman. Each
member shall have a reasonable knowledge of the practice,
procedure and principles of gambling operations. Each member
shall either be a resident of Illinois or shall certify that he
will become a resident of Illinois before taking office. At
least one member shall be experienced in law enforcement and
criminal investigation, at least one member shall be a
certified public accountant experienced in accounting and
auditing, and at least one member shall be a lawyer licensed to
practice law in Illinois.
(3) The terms of office of the Board members shall be 3
years, except that the terms of office of the initial Board
members appointed pursuant to this Act will commence from the
effective date of this Act and run as follows: one for a term
ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
a term ending July 1, 1993. Upon the expiration of the
foregoing terms, the successors of such members shall serve a
term for 3 years and until their successors are appointed and

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qualified for like terms. Vacancies in the Board shall be
filled for the unexpired term in like manner as original
appointments. Each member of the Board shall be eligible for
reappointment at the discretion of the Governor with the advice
and consent of the Senate.
(4) Each member of the Board shall receive $300 for each
day the Board meets and for each day the member conducts any
hearing pursuant to this Act. Each member of the Board shall
also be reimbursed for all actual and necessary expenses and
disbursements incurred in the execution of official duties.
(5) No person shall be appointed a member of the Board or
continue to be a member of the Board who is, or whose spouse,
child or parent is, a member of the board of directors of, or a
person financially interested in, any gambling operation
subject to the jurisdiction of this Board, or any race track,
race meeting, racing association or the operations thereof
subject to the jurisdiction of the Illinois Racing Board. No
Board member shall hold any other public office for which he
shall receive compensation other than necessary travel or other
incidental expenses. No person shall be a member of the Board
who is not of good moral character or who has been convicted
of, or is under indictment for, a felony under the laws of
Illinois or any other state, or the United States.
(6) Any member of the Board may be removed by the Governor
for neglect of duty, misfeasance, malfeasance, or nonfeasance
in office.

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(7) Before entering upon the discharge of the duties of his
office, each member of the Board shall take an oath that he
will faithfully execute the duties of his office according to
the laws of the State and the rules and regulations adopted
therewith and shall give bond to the State of Illinois,
approved by the Governor, in the sum of $25,000. Every such
bond, when duly executed and approved, shall be recorded in the
office of the Secretary of State. Whenever the Governor
determines that the bond of any member of the Board has become
or is likely to become invalid or insufficient, he shall
require such member forthwith to renew his bond, which is to be
approved by the Governor. Any member of the Board who fails to
take oath and give bond within 30 days from the date of his
appointment, or who fails to renew his bond within 30 days
after it is demanded by the Governor, shall be guilty of
neglect of duty and may be removed by the Governor. The cost of
any bond given by any member of the Board under this Section
shall be taken to be a part of the necessary expenses of the
Board.
(8) Upon the request of the Board, the Department shall
employ such personnel as may be necessary to carry out the
functions of the Board. No person shall be employed to serve
the Board who is, or whose spouse, parent or child is, an
official of, or has a financial interest in or financial
relation with, any operator engaged in gambling operations
within this State or any organization engaged in conducting

SB3733 Enrolled - 1222 - LRB096 19592 AMC 34984 b
horse racing within this State. Any employee violating these
prohibitions shall be subject to termination of employment.
(9) An Administrator shall perform any and all duties that
the Board shall assign him. The salary of the Administrator
shall be determined by the Board and approved by the Director
of the Department and, in addition, he shall be reimbursed for
all actual and necessary expenses incurred by him in discharge
of his official duties. The Administrator shall keep records of
all proceedings of the Board and shall preserve all records,
books, documents and other papers belonging to the Board or
entrusted to its care. The Administrator shall devote his full
time to the duties of the office and shall not hold any other
office or employment.
(b) The Board shall have general responsibility for the
implementation of this Act. Its duties include, without
limitation, the following:
(1) To decide promptly and in reasonable order all
license applications. Any party aggrieved by an action of
the Board denying, suspending, revoking, restricting or
refusing to renew a license may request a hearing before
the Board. A request for a hearing must be made to the
Board in writing within 5 days after service of notice of
the action of the Board. Notice of the action of the Board
shall be served either by personal delivery or by certified
mail, postage prepaid, to the aggrieved party. Notice
served by certified mail shall be deemed complete on the

SB3733 Enrolled - 1223 - LRB096 19592 AMC 34984 b
business day following the date of such mailing. The Board
shall conduct all requested hearings promptly and in
reasonable order;
(2) To conduct all hearings pertaining to civil
violations of this Act or rules and regulations promulgated
hereunder;
(3) To promulgate such rules and regulations as in its
judgment may be necessary to protect or enhance the
credibility and integrity of gambling operations
authorized by this Act and the regulatory process
hereunder;
(4) To provide for the establishment and collection of
all license and registration fees and taxes imposed by this
Act and the rules and regulations issued pursuant hereto.
All such fees and taxes shall be deposited into the State
Gaming Fund;
(5) To provide for the levy and collection of penalties
and fines for the violation of provisions of this Act and
the rules and regulations promulgated hereunder. All such
fines and penalties shall be deposited into the Education
Assistance Fund, created by Public Act 86-0018, of the
State of Illinois;
(6) To be present through its inspectors and agents any
time gambling operations are conducted on any riverboat for
the purpose of certifying the revenue thereof, receiving
complaints from the public, and conducting such other

SB3733 Enrolled - 1224 - LRB096 19592 AMC 34984 b
investigations into the conduct of the gambling games and
the maintenance of the equipment as from time to time the
Board may deem necessary and proper;
(7) To review and rule upon any complaint by a licensee
regarding any investigative procedures of the State which
are unnecessarily disruptive of gambling operations. The
need to inspect and investigate shall be presumed at all
times. The disruption of a licensee's operations shall be
proved by clear and convincing evidence, and establish
that: (A) the procedures had no reasonable law enforcement
purposes, and (B) the procedures were so disruptive as to
unreasonably inhibit gambling operations;
(8) To hold at least one meeting each quarter of the
fiscal year. In addition, special meetings may be called by
the Chairman or any 2 Board members upon 72 hours written
notice to each member. All Board meetings shall be subject
to the Open Meetings Act. Three members of the Board shall
constitute a quorum, and 3 votes shall be required for any
final determination by the Board. The Board shall keep a
complete and accurate record of all its meetings. A
majority of the members of the Board shall constitute a
quorum for the transaction of any business, for the
performance of any duty, or for the exercise of any power
which this Act requires the Board members to transact,
perform or exercise en banc, except that, upon order of the
Board, one of the Board members or an administrative law

SB3733 Enrolled - 1225 - LRB096 19592 AMC 34984 b
judge designated by the Board may conduct any hearing
provided for under this Act or by Board rule and may
recommend findings and decisions to the Board. The Board
member or administrative law judge conducting such hearing
shall have all powers and rights granted to the Board in
this Act. The record made at the time of the hearing shall
be reviewed by the Board, or a majority thereof, and the
findings and decision of the majority of the Board shall
constitute the order of the Board in such case;
(9) To maintain records which are separate and distinct
from the records of any other State board or commission.
Such records shall be available for public inspection and
shall accurately reflect all Board proceedings;
(10) To file a written annual report with the Governor
on or before March 1 each year and such additional reports
as the Governor may request. The annual report shall
include a statement of receipts and disbursements by the
Board, actions taken by the Board, and any additional
information and recommendations which the Board may deem
valuable or which the Governor may request;
(11) (Blank);
(12) To assume responsibility for the administration
and enforcement of the Bingo License and Tax Act, the
Charitable Games Act, and the Pull Tabs and Jar Games Act
if such responsibility is delegated to it by the Director
of Revenue; and

SB3733 Enrolled - 1226 - LRB096 19592 AMC 34984 b
(13) To assume responsibility for administration and
enforcement of the Video Gaming Act.
(c) The Board shall have jurisdiction over and shall
supervise all gambling operations governed by this Act. The
Board shall have all powers necessary and proper to fully and
effectively execute the provisions of this Act, including, but
not limited to, the following:
(1) To investigate applicants and determine the
eligibility of applicants for licenses and to select among
competing applicants the applicants which best serve the
interests of the citizens of Illinois.
(2) To have jurisdiction and supervision over all
riverboat gambling operations in this State and all persons
on riverboats where gambling operations are conducted.
(3) To promulgate rules and regulations for the purpose
of administering the provisions of this Act and to
prescribe rules, regulations and conditions under which
all riverboat gambling in the State shall be conducted.
Such rules and regulations are to provide for the
prevention of practices detrimental to the public interest
and for the best interests of riverboat gambling, including
rules and regulations regarding the inspection of such
riverboats and the review of any permits or licenses
necessary to operate a riverboat under any laws or
regulations applicable to riverboats, and to impose
penalties for violations thereof.

SB3733 Enrolled - 1227 - LRB096 19592 AMC 34984 b
(4) To enter the office, riverboats, facilities, or
other places of business of a licensee, where evidence of
the compliance or noncompliance with the provisions of this
Act is likely to be found.
(5) To investigate alleged violations of this Act or
the rules of the Board and to take appropriate disciplinary
action against a licensee or a holder of an occupational
license for a violation, or institute appropriate legal
action for enforcement, or both.
(6) To adopt standards for the licensing of all persons
under this Act, as well as for electronic or mechanical
gambling games, and to establish fees for such licenses.
(7) To adopt appropriate standards for all riverboats
and facilities.
(8) To require that the records, including financial or
other statements of any licensee under this Act, shall be
kept in such manner as prescribed by the Board and that any
such licensee involved in the ownership or management of
gambling operations submit to the Board an annual balance
sheet and profit and loss statement, list of the
stockholders or other persons having a 1% or greater
beneficial interest in the gambling activities of each
licensee, and any other information the Board deems
necessary in order to effectively administer this Act and
all rules, regulations, orders and final decisions
promulgated under this Act.

SB3733 Enrolled - 1228 - LRB096 19592 AMC 34984 b
(9) To conduct hearings, issue subpoenas for the
attendance of witnesses and subpoenas duces tecum for the
production of books, records and other pertinent documents
in accordance with the Illinois Administrative Procedure
Act, and to administer oaths and affirmations to the
witnesses, when, in the judgment of the Board, it is
necessary to administer or enforce this Act or the Board
rules.
(10) To prescribe a form to be used by any licensee
involved in the ownership or management of gambling
operations as an application for employment for their
employees.
(11) To revoke or suspend licenses, as the Board may
see fit and in compliance with applicable laws of the State
regarding administrative procedures, and to review
applications for the renewal of licenses. The Board may
suspend an owners license, without notice or hearing upon a
determination that the safety or health of patrons or
employees is jeopardized by continuing a riverboat's
operation. The suspension may remain in effect until the
Board determines that the cause for suspension has been
abated. The Board may revoke the owners license upon a
determination that the owner has not made satisfactory
progress toward abating the hazard.
(12) To eject or exclude or authorize the ejection or
exclusion of, any person from riverboat gambling

SB3733 Enrolled - 1229 - LRB096 19592 AMC 34984 b
facilities where such person is in violation of this Act,
rules and regulations thereunder, or final orders of the
Board, or where such person's conduct or reputation is such
that his presence within the riverboat gambling facilities
may, in the opinion of the Board, call into question the
honesty and integrity of the gambling operations or
interfere with orderly conduct thereof; provided that the
propriety of such ejection or exclusion is subject to
subsequent hearing by the Board.
(13) To require all licensees of gambling operations to
utilize a cashless wagering system whereby all players'
money is converted to tokens, electronic cards, or chips
which shall be used only for wagering in the gambling
establishment.
(14) (Blank).
(15) To suspend, revoke or restrict licenses, to
require the removal of a licensee or an employee of a
licensee for a violation of this Act or a Board rule or for
engaging in a fraudulent practice, and to impose civil
penalties of up to $5,000 against individuals and up to
$10,000 or an amount equal to the daily gross receipts,
whichever is larger, against licensees for each violation
of any provision of the Act, any rules adopted by the
Board, any order of the Board or any other action which, in
the Board's discretion, is a detriment or impediment to
riverboat gambling operations.

SB3733 Enrolled - 1230 - LRB096 19592 AMC 34984 b
(16) To hire employees to gather information, conduct
investigations and carry out any other tasks contemplated
under this Act.
(17) To establish minimum levels of insurance to be
maintained by licensees.
(18) To authorize a licensee to sell or serve alcoholic
liquors, wine or beer as defined in the Liquor Control Act
of 1934 on board a riverboat and to have exclusive
authority to establish the hours for sale and consumption
of alcoholic liquor on board a riverboat, notwithstanding
any provision of the Liquor Control Act of 1934 or any
local ordinance, and regardless of whether the riverboat
makes excursions. The establishment of the hours for sale
and consumption of alcoholic liquor on board a riverboat is
an exclusive power and function of the State. A home rule
unit may not establish the hours for sale and consumption
of alcoholic liquor on board a riverboat. This amendatory
Act of 1991 is a denial and limitation of home rule powers
and functions under subsection (h) of Section 6 of Article
VII of the Illinois Constitution.
(19) After consultation with the U.S. Army Corps of
Engineers, to establish binding emergency orders upon the
concurrence of a majority of the members of the Board
regarding the navigability of water, relative to
excursions, in the event of extreme weather conditions,
acts of God or other extreme circumstances.

SB3733 Enrolled - 1231 - LRB096 19592 AMC 34984 b
(20) To delegate the execution of any of its powers
under this Act for the purpose of administering and
enforcing this Act and its rules and regulations hereunder.
(20.6) To appoint investigators to conduct
investigations, searches, seizures, arrests, and other
duties imposed under this Act, as deemed necessary by the
Board. These investigators have and may exercise all of the
rights and powers of peace officers, provided that these
powers shall be limited to offenses or violations occurring
or committed on a riverboat or dock, as defined in
subsections (d) and (f) of Section 4, or as otherwise
provided by this Act or any other law.
(20.7) To contract with the Department of State Police
for the use of trained and qualified State police officers
and with the Department of Revenue for the use of trained
and qualified Department of Revenue investigators to
conduct investigations, searches, seizures, arrests, and
other duties imposed under this Act and to exercise all of
the rights and powers of peace officers, provided that the
powers of Department of Revenue investigators under this
subdivision (20.7) shall be limited to offenses or
violations occurring or committed on a riverboat or dock,
as defined in subsections (d) and (f) of Section 4, or as
otherwise provided by this Act or any other law. In the
event the Department of State Police or the Department of
Revenue is unable to fill contracted police or

SB3733 Enrolled - 1232 - LRB096 19592 AMC 34984 b
investigative positions, the Board may appoint
investigators to fill those positions pursuant to
subdivision (20.6).
(21) To take any other action as may be reasonable or
appropriate to enforce this Act and rules and regulations
hereunder.
(d) The Board may seek and shall receive the cooperation of
the Department of State Police in conducting background
investigations of applicants and in fulfilling its
responsibilities under this Section. Costs incurred by the
Department of State Police as a result of such cooperation
shall be paid by the Board in conformance with the requirements
of Section 2605-400 of the Department of State Police Law (20
ILCS 2605/2605-400).
(e) The Board must authorize to each investigator and to
any other employee of the Board exercising the powers of a
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Board and (ii)
contains a unique identifying number. No other badge shall be
authorized by the Board.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; revised
8-20-09.)
Section 490. The Video Gaming Act is amended by changing
Sections 25 and 45 as follows:

SB3733 Enrolled - 1233 - LRB096 19592 AMC 34984 b
(230 ILCS 40/25)
Sec. 25. Restriction of licensees.
(a) Manufacturer. A person may not be licensed as a
manufacturer of a video gaming terminal in Illinois unless the
person has a valid manufacturer's license issued under this
Act. A manufacturer may only sell video gaming terminals for
use in Illinois to persons having a valid distributor's
license.
(b) Distributor. A person may not sell, distribute, or
lease or market a video gaming terminal in Illinois unless the
person has a valid distributor's license issued under this Act.
A distributor may only sell video gaming terminals for use in
Illinois to persons having a valid distributor's or terminal
operator's license.
(c) Terminal operator. A person may not own, maintain, or
place a video gaming terminal unless he has a valid terminal
operator's license issued under this Act. A terminal operator
may only place video gaming terminals for use in Illinois in
licensed establishments, licensed truck stop establishments,
licensed fraternal establishments, and licensed veterans
establishments. No terminal operator may give anything of
value, including but not limited to a loan or financing
arrangement, to a licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment as any incentive or inducement to locate
video terminals in that establishment. Of the after-tax profits

SB3733 Enrolled - 1234 - LRB096 19592 AMC 34984 b
from a video gaming terminal, 50% shall be paid to the terminal
operator and 50% shall be paid to the licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment,
notwithstanding nothwithstanding any agreement to the
contrary. No terminal operator may own or have a substantial
interest in more than 5% of the video gaming terminals licensed
in this State. A video terminal operator that violates one or
more requirements of this subsection is guilty of a Class 4
felony and is subject to termination of his or her license by
the Board.
(d) Licensed technician. A person may not service,
maintain, or repair a video gaming terminal in this State
unless he or she (1) has a valid technician's license issued
under this Act, (2) is a terminal operator, or (3) is employed
by a terminal operator, distributor, or manufacturer.
(d-5) Licensed terminal handler. No person, including, but
not limited to, an employee or independent contractor working
for a manufacturer, distributor, supplier, technician, or
terminal operator licensed pursuant to this Act, shall have
possession or control of a video gaming terminal, or access to
the inner workings of a video gaming terminal, unless that
person possesses a valid terminal handler's license issued
under this Act.
(e) Licensed establishment. No video gaming terminal may be
placed in any licensed establishment, licensed veterans

SB3733 Enrolled - 1235 - LRB096 19592 AMC 34984 b
establishment, licensed truck stop establishment, or licensed
fraternal establishment unless the owner or agent of the owner
of the licensed establishment, licensed veterans
establishment, licensed truck stop establishment, or licensed
fraternal establishment has entered into a written use
agreement with the terminal operator for placement of the
terminals. A copy of the use agreement shall be on file in the
terminal operator's place of business and available for
inspection by individuals authorized by the Board. A licensed
establishment, licensed truck stop establishment, licensed
veterans establishment, or licensed fraternal establishment
may operate up to 5 video gaming terminals on its premises at
any time.
(f) (Blank).
(g) Financial interest restrictions. As used in this Act,
"substantial interest" in a partnership, a corporation, an
organization, an association, or a business means:
(A) When, with respect to a sole proprietorship, an
individual or his or her spouse owns, operates,
manages, or conducts, directly or indirectly, the
organization, association, or business, or any part
thereof; or
(B) When, with respect to a partnership, the
individual or his or her spouse shares in any of the
profits, or potential profits, of the partnership
activities; or

SB3733 Enrolled - 1236 - LRB096 19592 AMC 34984 b
(C) When, with respect to a corporation, an
individual or his or her spouse is an officer or
director, or the individual or his or her spouse is a
holder, directly or beneficially, of 5% or more of any
class of stock of the corporation; or
(D) When, with respect to an organization not
covered in (A), (B) or (C) above, an individual or his
or her spouse is an officer or manages the business
affairs, or the individual or his or her spouse is the
owner of or otherwise controls 10% or more of the
assets of the organization; or
(E) When an individual or his or her spouse
furnishes 5% or more of the capital, whether in cash,
goods, or services, for the operation of any business,
association, or organization during any calendar year.
(h) Location restriction. A licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment that is (i)
located within 1,000 feet of a facility operated by an
organizational licensee, an intertrack wagering licensee, or
an intertrack wagering location licensee licensed under the
Illinois Horse Racing Act of 1975 or the home dock of a
riverboat licensed under the Riverboat Gambling Act or (ii)
located within with a 100 feet of a school or a place of
worship under the Religious Corporation Act, is ineligible to
operate a video gaming terminal.

SB3733 Enrolled - 1237 - LRB096 19592 AMC 34984 b
(i) The provisions of the Illinois Antitrust Act are fully
and equally applicable to the activities of any licensee under
this Act.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; revised 8-17-09.)
(230 ILCS 40/45)
Sec. 45. Issuance of license.
(a) The burden is upon each applicant to demonstrate his
suitability for licensure. Each video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, and licensed veterans
establishment shall be licensed by the Board. The Board may
issue or deny a license under this Act to any person pursuant
to the same criteria set forth in Section 9 of the Riverboat
Gambling Act.
(b) Each person seeking and possessing a license as a video
gaming terminal manufacturer, distributor, supplier, operator,
handler, licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment shall submit to a background
investigation conducted by the Board with the assistance of the
State Police or other law enforcement. The background
investigation shall include each beneficiary of a trust, each
partner of a partnership, and each director and officer and all

SB3733 Enrolled - 1238 - LRB096 19592 AMC 34984 b
stockholders of 5% or more in a parent or subsidiary
corporation of a video gaming terminal manufacturer,
distributor, supplier, operator, or licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment.
(c) Each person seeking and possessing a license as a video
gaming terminal manufacturer, distributor, supplier, operator,
handler, licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment shall disclose the identity of every
person, association, trust, or corporation having a greater
than 1% direct or indirect pecuniary interest in the video
gaming terminal operation for to which the license is sought.
If the disclosed entity is a trust, the application shall
disclose the names and addresses of the beneficiaries; if a
corporation, the names and addresses of all stockholders and
directors; or if a partnership, the names and addresses of all
partners, both general and limited.
(d) No person may be licensed as a video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment if that person has been found by the Board to:
(1) have a background, including a criminal record,
reputation, habits, social or business associations, or
prior activities that pose a threat to the public interests

SB3733 Enrolled - 1239 - LRB096 19592 AMC 34984 b
of the State or to the security and integrity of video
gaming;
(2) create or enhance the dangers of unsuitable,
unfair, or illegal practices, methods, and activities in
the conduct of video gaming; or
(3) present questionable business practices and
financial arrangements incidental to the conduct of video
gaming activities.
(e) Any applicant for any license under this Act has the
burden of proving his or her qualifications to the satisfaction
of the Board. The Board may adopt rules to establish additional
qualifications and requirements to preserve the integrity and
security of video gaming in this State.
(f) A non-refundable application fee shall be paid at the
time an application for a license is filed with the Board in
the following amounts:
(1) Manufacturer..........................$5,000
(2) Distributor...........................$5,000
(3) Terminal operator.....................$5,000
(4) Supplier..............................$2,500
(5) Technician..............................$100
(6) Terminal Handler..............................$50
(g) The Board shall establish an annual fee for each
license not to exceed the following:
(1) Manufacturer.........................$10,000
(2) Distributor..........................$10,000

SB3733 Enrolled - 1240 - LRB096 19592 AMC 34984 b
(3) Terminal operator.....................$5,000
(4) Supplier..............................$2,000
(5) Technician..............................$100
(6) Licensed establishment, licensed truck stop
establishment, licensed fraternal establishment,
or licensed veterans establishment..............$100
(7) Video gaming terminal...................$100
(8) Terminal Handler..............................$50
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; revised 8-17-09.)
Section 495. The Liquor Control Act of 1934 is amended by
changing Sections 3-12, 6-16.1, and 8-1 as follows:
(235 ILCS 5/3-12)
Sec. 3-12. Powers and duties of State Commission.
(a) The State commission shall have the following powers,
functions and duties:
(1) To receive applications and to issue licenses to
manufacturers, foreign importers, importing distributors,
distributors, non-resident dealers, on premise consumption
retailers, off premise sale retailers, special event
retailer licensees, special use permit licenses, auction
liquor licenses, brew pubs, caterer retailers,
non-beverage users, railroads, including owners and
lessees of sleeping, dining and cafe cars, airplanes,

SB3733 Enrolled - 1241 - LRB096 19592 AMC 34984 b
boats, brokers, and wine maker's premises licensees in
accordance with the provisions of this Act, and to suspend
or revoke such licenses upon the State commission's
determination, upon notice after hearing, that a licensee
has violated any provision of this Act or any rule or
regulation issued pursuant thereto and in effect for 30
days prior to such violation. Except in the case of an
action taken pursuant to a violation of Section 6-3, 6-5,
or 6-9, any action by the State Commission to suspend or
revoke a licensee's license may be limited to the license
for the specific premises where the violation occurred.
In lieu of suspending or revoking a license, the
commission may impose a fine, upon the State commission's
determination and notice after hearing, that a licensee has
violated any provision of this Act or any rule or
regulation issued pursuant thereto and in effect for 30
days prior to such violation. The fine imposed under this
paragraph may not exceed $500 for each violation. Each day
that the activity, which gave rise to the original fine,
continues is a separate violation. The maximum fine that
may be levied against any licensee, for the period of the
license, shall not exceed $20,000. The maximum penalty that
may be imposed on a licensee for selling a bottle of
alcoholic liquor with a foreign object in it or serving
from a bottle of alcoholic liquor with a foreign object in
it shall be the destruction of that bottle of alcoholic

SB3733 Enrolled - 1242 - LRB096 19592 AMC 34984 b
liquor for the first 10 bottles so sold or served from by
the licensee. For the eleventh bottle of alcoholic liquor
and for each third bottle thereafter sold or served from by
the licensee with a foreign object in it, the maximum
penalty that may be imposed on the licensee is the
destruction of the bottle of alcoholic liquor and a fine of
up to $50.
(2) To adopt such rules and regulations consistent with
the provisions of this Act which shall be necessary to
carry on its functions and duties to the end that the
health, safety and welfare of the People of the State of
Illinois shall be protected and temperance in the
consumption of alcoholic liquors shall be fostered and
promoted and to distribute copies of such rules and
regulations to all licensees affected thereby.
(3) To call upon other administrative departments of
the State, county and municipal governments, county and
city police departments and upon prosecuting officers for
such information and assistance as it deems necessary in
the performance of its duties.
(4) To recommend to local commissioners rules and
regulations, not inconsistent with the law, for the
distribution and sale of alcoholic liquors throughout the
State.
(5) To inspect, or cause to be inspected, any premises
in this State where alcoholic liquors are manufactured,

SB3733 Enrolled - 1243 - LRB096 19592 AMC 34984 b
distributed, warehoused, or sold.
(5.1) Upon receipt of a complaint or upon having
knowledge that any person is engaged in business as a
manufacturer, importing distributor, distributor, or
retailer without a license or valid license, to notify the
local liquor authority, file a complaint with the State's
Attorney's Office of the county where the incident
occurred, or initiate an investigation with the
appropriate law enforcement officials.
(5.2) To issue a cease and desist notice to persons
shipping alcoholic liquor into this State from a point
outside of this State if the shipment is in violation of
this Act.
(5.3) To receive complaints from licensees, local
officials, law enforcement agencies, organizations, and
persons stating that any licensee has been or is violating
any provision of this Act or the rules and regulations
issued pursuant to this Act. Such complaints shall be in
writing, signed and sworn to by the person making the
complaint, and shall state with specificity the facts in
relation to the alleged violation. If the Commission has
reasonable grounds to believe that the complaint
substantially alleges a violation of this Act or rules and
regulations adopted pursuant to this Act, it shall conduct
an investigation. If, after conducting an investigation,
the Commission is satisfied that the alleged violation did

SB3733 Enrolled - 1244 - LRB096 19592 AMC 34984 b
occur, it shall proceed with disciplinary action against
the licensee as provided in this Act.
(6) To hear and determine appeals from orders of a
local commission in accordance with the provisions of this
Act, as hereinafter set forth. Hearings under this
subsection shall be held in Springfield or Chicago, at
whichever location is the more convenient for the majority
of persons who are parties to the hearing.
(7) The commission shall establish uniform systems of
accounts to be kept by all retail licensees having more
than 4 employees, and for this purpose the commission may
classify all retail licensees having more than 4 employees
and establish a uniform system of accounts for each class
and prescribe the manner in which such accounts shall be
kept. The commission may also prescribe the forms of
accounts to be kept by all retail licensees having more
than 4 employees, including but not limited to accounts of
earnings and expenses and any distribution, payment, or
other distribution of earnings or assets, and any other
forms, records and memoranda which in the judgment of the
commission may be necessary or appropriate to carry out any
of the provisions of this Act, including but not limited to
such forms, records and memoranda as will readily and
accurately disclose at all times the beneficial ownership
of such retail licensed business. The accounts, forms,
records and memoranda shall be available at all reasonable

SB3733 Enrolled - 1245 - LRB096 19592 AMC 34984 b
times for inspection by authorized representatives of the
State commission or by any local liquor control
commissioner or his or her authorized representative. The
commission, may, from time to time, alter, amend or repeal,
in whole or in part, any uniform system of accounts, or the
form and manner of keeping accounts.
(8) In the conduct of any hearing authorized to be held
by the commission, to appoint, at the commission's
discretion, hearing officers to conduct hearings involving
complex issues or issues that will require a protracted
period of time to resolve, to examine, or cause to be
examined, under oath, any licensee, and to examine or cause
to be examined the books and records of such licensee; to
hear testimony and take proof material for its information
in the discharge of its duties hereunder; to administer or
cause to be administered oaths; for any such purpose to
issue subpoena or subpoenas to require the attendance of
witnesses and the production of books, which shall be
effective in any part of this State, and to adopt rules to
implement its powers under this paragraph (8).
Any Circuit Court may by order duly entered, require
the attendance of witnesses and the production of relevant
books subpoenaed by the State commission and the court may
compel obedience to its order by proceedings for contempt.
(9) To investigate the administration of laws in
relation to alcoholic liquors in this and other states and

SB3733 Enrolled - 1246 - LRB096 19592 AMC 34984 b
any foreign countries, and to recommend from time to time
to the Governor and through him or her to the legislature
of this State, such amendments to this Act, if any, as it
may think desirable and as will serve to further the
general broad purposes contained in Section 1-2 hereof.
(10) To adopt such rules and regulations consistent
with the provisions of this Act which shall be necessary
for the control, sale or disposition of alcoholic liquor
damaged as a result of an accident, wreck, flood, fire or
other similar occurrence.
(11) To develop industry educational programs related
to responsible serving and selling, particularly in the
areas of overserving consumers and illegal underage
purchasing and consumption of alcoholic beverages.
(11.1) To license persons providing education and
training to alcohol beverage sellers and servers under the
Beverage Alcohol Sellers and Servers Education and
Training (BASSET) programs and to develop and administer a
public awareness program in Illinois to reduce or eliminate
the illegal purchase and consumption of alcoholic beverage
products by persons under the age of 21. Application for a
license shall be made on forms provided by the State
Commission.
(12) To develop and maintain a repository of license
and regulatory information.
(13) On or before January 15, 1994, the Commission

SB3733 Enrolled - 1247 - LRB096 19592 AMC 34984 b
shall issue a written report to the Governor and General
Assembly that is to be based on a comprehensive study of
the impact on and implications for the State of Illinois of
Section 1926 of the Federal ADAMHA Reorganization Act of
1992 (Public Law 102-321). This study shall address the
extent to which Illinois currently complies with the
provisions of P.L. 102-321 and the rules promulgated
pursuant thereto.
As part of its report, the Commission shall provide the
following essential information:
(i) the number of retail distributors of tobacco
products, by type and geographic area, in the State;
(ii) the number of reported citations and
successful convictions, categorized by type and
location of retail distributor, for violation of the
Prevention of Tobacco Use by Minors and Sale and
Distribution of Tobacco Products Act and the Smokeless
Tobacco Limitation Act;
(iii) the extent and nature of organized
educational and governmental activities that are
intended to promote, encourage or otherwise secure
compliance with any Illinois laws that prohibit the
sale or distribution of tobacco products to minors; and
(iv) the level of access and availability of
tobacco products to individuals under the age of 18.
To obtain the data necessary to comply with the

SB3733 Enrolled - 1248 - LRB096 19592 AMC 34984 b
provisions of P.L. 102-321 and the requirements of this
report, the Commission shall conduct random, unannounced
inspections of a geographically and scientifically
representative sample of the State's retail tobacco
distributors.
The Commission shall consult with the Department of
Public Health, the Department of Human Services, the
Illinois State Police and any other executive branch
agency, and private organizations that may have
information relevant to this report.
The Commission may contract with the Food and Drug
Administration of the U.S. Department of Health and Human
Services to conduct unannounced investigations of Illinois
tobacco vendors to determine compliance with federal laws
relating to the illegal sale of cigarettes and smokeless
tobacco products to persons under the age of 18.
(14) On or before April 30, 2008 and every 2 years
thereafter, the Commission shall present a written report
to the Governor and the General Assembly that shall be
based on a study of the impact of this amendatory Act of
the 95th General Assembly on the business of soliciting,
selling, and shipping wine from inside and outside of this
State directly to residents of this State. As part of its
report, the Commission shall provide all of the following
information:
(A) The amount of State excise and sales tax

SB3733 Enrolled - 1249 - LRB096 19592 AMC 34984 b
revenues generated.
(B) The amount of licensing fees received.
(C) The number of cases of wine shipped from inside
and outside of this State directly to residents of this
State.
(D) The number of alcohol compliance operations
conducted.
(E) The number of winery shipper's licenses
issued.
(F) The number of each of the following: reported
violations; cease and desist notices issued by the
Commission; notices of violations issued by the
Commission and to the Department of Revenue; and
notices and complaints of violations to law
enforcement officials, including, without limitation,
the Illinois Attorney General and the U.S. Department
of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
(15) As a means to reduce the underage consumption of
alcoholic liquors, the Commission shall conduct alcohol
compliance operations to investigate whether businesses
that are soliciting, selling, and shipping wine from inside
or outside of this State directly to residents of this
State are licensed by this State or are selling or
attempting to sell wine to persons under 21 years of age in
violation of this Act.
(16) The Commission shall, in addition to notifying any

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appropriate law enforcement agency, submit notices of
complaints or violations of Sections 6-29 and 6-29.1 by
persons who do not hold a winery shipper's license under
this amendatory Act to the Illinois Attorney General and to
the U.S. Department of Treasury's Alcohol and Tobacco Tax
and Trade Bureau.
(17) (A) A person licensed to make wine under the laws
of another state who has a winery shipper's license under
this amendatory Act and annually produces less than 25,000
gallons of wine or a person who has a first-class or
second-class wine manufacturer's license, a first-class or
second-class wine-maker's license, or a limited wine
manufacturer's license under this Act and annually
produces less than 25,000 gallons of wine may make
application to the Commission for a self-distribution
exemption to allow the sale of not more than 5,000 gallons
of the exemption holder's wine to retail licensees per
year.
(B) In the application, which shall be sworn under
penalty of perjury, such person shall state (1) the
date it was established; (2) its volume of production
and sales for each year since its establishment; (3)
its efforts to establish distributor relationships;
(4) that a self-distribution exemption is necessary to
facilitate the marketing of its wine; and (5) that it
will comply with the liquor and revenue laws of the

SB3733 Enrolled - 1251 - LRB096 19592 AMC 34984 b
United States, this State, and any other state where it
is licensed.
(C) The Commission shall approve the application
for a self-distribution exemption if such person: (1)
is in compliance with State revenue and liquor laws;
(2) is not a member of any affiliated group that
produces more than 25,000 gallons of wine per annum or
produces any other alcoholic liquor; (3) will not
annually produce for sale more than 25,000 gallons of
wine; and (4) will not annually sell more than 5,000
gallons of its wine to retail licensees.
(D) A self-distribution exemption holder shall
annually certify to the Commission its production of
wine in the previous 12 months and its anticipated
production and sales for the next 12 months. The
Commission may fine, suspend, or revoke a
self-distribution exemption after a hearing if it
finds that the exemption holder has made a material
misrepresentation in its application, violated a
revenue or liquor law of Illinois, exceeded production
of 25,000 gallons of wine in any calendar year, or
become part of an affiliated group producing more than
25,000 gallons of wine or any other alcoholic liquor.
(E) Except in hearings for violations of this Act
or amendatory Act or a bona fide investigation by duly
sworn law enforcement officials, the Commission, or

SB3733 Enrolled - 1252 - LRB096 19592 AMC 34984 b
its agents, the Commission shall maintain the
production and sales information of a
self-distribution exemption holder as confidential and
shall not release such information to any person.
(F) The Commission shall issue regulations
governing self-distribution exemptions consistent with
this Section and this Act.
(G) Nothing in this subsection (17) shall prohibit
a self-distribution exemption holder from entering
into or simultaneously having a distribution agreement
with a licensed Illinois distributor.
(H) It is the intent of this subsection (17) to
promote and continue orderly markets. The General
Assembly finds that in order to preserve Illinois'
regulatory distribution system it is necessary to
create an exception for smaller makers of wine as their
wines are frequently adjusted in varietals, mixes,
vintages, and taste to find and create market niches
sometimes too small for distributor or importing
distributor business strategies. Limited
self-distribution rights will afford and allow smaller
makers of wine access to the marketplace in order to
develop a customer base without impairing the
integrity of the 3-tier system.
(b) On or before April 30, 1999, the Commission shall
present a written report to the Governor and the General

SB3733 Enrolled - 1253 - LRB096 19592 AMC 34984 b
Assembly that shall be based on a study of the impact of this
amendatory Act of 1998 on the business of soliciting, selling,
and shipping alcoholic liquor from outside of this State
directly to residents of this State.
As part of its report, the Commission shall provide the
following information:
(i) the amount of State excise and sales tax revenues
generated as a result of this amendatory Act of 1998;
(ii) the amount of licensing fees received as a result
of this amendatory Act of 1998;
(iii) the number of reported violations, the number of
cease and desist notices issued by the Commission, the
number of notices of violations issued to the Department of
Revenue, and the number of notices and complaints of
violations to law enforcement officials.
(Source: P.A. 95-634, eff. 6-1-08; 96-179, eff. 8-10-09;
96-446, eff. 1-1-10; revised 10-19-09.)
(235 ILCS 5/6-16.1)
Sec. 6-16.1. Enforcement actions.
(a) A licensee or an officer, associate, member,
representative, agent, or employee of a licensee may sell,
give, or deliver alcoholic liquor to a person under the age of
21 years or authorize the sale, gift, or delivery of alcoholic
liquor to a person under the age of 21 years pursuant to a plan
or action to investigate, patrol, or otherwise conduct a "sting

SB3733 Enrolled - 1254 - LRB096 19592 AMC 34984 b
operation" or enforcement action against a person employed by
the licensee or on any licensed premises if the licensee or
officer, associate, member, representative, agent, or employee
of the licensee provides written notice, at least 14 days
before the "sting operation" or enforcement action, unless
governing body of the municipality or county having
jurisdiction sets a shorter period by ordinance, to the law
enforcement agency having jurisdiction, the local liquor
control commissioner, or both. Notice provided under this
Section shall be valid for a "sting operation" or enforcement
action conducted within 60 days of the provision of that
notice, unless the governing body of the municipality or county
having jurisdiction sets a shorter period by ordinance.
(b) A local liquor control commission or unit of local
government that conducts alcohol and tobacco compliance
operations shall establish a policy and standards for alcohol
and tobacco compliance operations to investigate whether a
licensee is furnishing (1) alcoholic liquor to persons under 21
years of age in violation of this Act or (2) tobacco to persons
in violation of the Prevention of Tobacco Use by Minors and
Sale and Distribution of Tobacco Products Act.
(c) The Illinois Law Enforcement Training Standards Board
shall develop a model policy and guidelines for the operation
of alcohol and tobacco compliance checks by local law
enforcement officers. The Illinois Law Enforcement Training
Standards Board shall also require the supervising officers of

SB3733 Enrolled - 1255 - LRB096 19592 AMC 34984 b
such compliance checks to have met a minimum training standard
as determined by the Board. The Board shall have the right to
waive any training based on current written policies and
procedures for alcohol and tobacco compliance check operations
and in-service training already administered by the local law
enforcement agency, department, or office.
(d) The provisions of subsections (b) and (c) do not apply
to a home rule unit with more than 2,000,000 inhabitants.
(e) A home rule unit, other than a home rule unit with more
than 2,000,000 inhabitants, may not regulate enforcement
actions in a manner inconsistent with the regulation of
enforcement actions under this Section. This subsection (e) is
a limitation under subsection (i) of Section 6 of Article VII
of the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(f) A licensee who is the subject of an enforcement action
or "sting operation" under this Section and is found, pursuant
to the enforcement action, to be in compliance with this Act
shall be notified by the enforcement agency action that no
violation was found within 30 days after the finding.
(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
revised 10-19-09.)
(235 ILCS 5/8-1)
Sec. 8-1. A tax is imposed upon the privilege of engaging
in business as a manufacturer or as an importing distributor of

SB3733 Enrolled - 1256 - LRB096 19592 AMC 34984 b
alcoholic liquor other than beer at the rate of $0.185 per
gallon until September 1, 2009 and $0.231 per gallon beginning
September 1, 2009 for cider containing not less than 0.5%
alcohol by volume nor more than 7% alcohol by volume, $0.73 per
gallon until September 1, 2009 and $1.39 per gallon beginning
September 1, 2009 for wine other than cider containing less
than 7% alcohol by volume, and $4.50 per gallon until September
1, 2009 and $8.55 per gallon beginning September 1, 2009 on
alcohol and spirits manufactured and sold or used by such
manufacturer, or as agent for any other person, or sold or used
by such importing distributor, or as agent for any other
person. A tax is imposed upon the privilege of engaging in
business as a manufacturer of beer or as an importing
distributor of beer at the rate of $0.185 per gallon until
September 1, 2009 and $0.231 per gallon beginning September 1,
2009 on all beer manufactured and sold or used by such
manufacturer, or as agent for any other person, or sold or used
by such importing distributor, or as agent for any other
person. Any brewer manufacturing beer in this State shall be
entitled to and given a credit or refund of 75% of the tax
imposed on each gallon of beer up to 4.9 million gallons per
year in any given calendar year for tax paid or payable on beer
produced and sold in the State of Illinois.
For the purpose of this Section, "cider" means any
alcoholic beverage obtained by the alcohol fermentation of the
juice of apples or pears including, but not limited to,

SB3733 Enrolled - 1257 - LRB096 19592 AMC 34984 b
flavored, sparkling, or carbonated cider.
The credit or refund created by this Act shall apply to all
beer taxes in the calendar years 1982 through 1986.
The increases made by this amendatory Act of the 91st
General Assembly in the rates of taxes imposed under this
Section shall apply beginning on July 1, 1999.
A tax at the rate of 1¢ per gallon on beer and 48¢ per
gallon on alcohol and spirits is also imposed upon the
privilege of engaging in business as a retailer or as a
distributor who is not also an importing distributor with
respect to all beer and all alcohol and spirits owned or
possessed by such retailer or distributor when this amendatory
Act of 1969 becomes effective, and with respect to which the
additional tax imposed by this amendatory Act upon
manufacturers and importing distributors does not apply.
Retailers and distributors who are subject to the additional
tax imposed by this paragraph of this Section shall be required
to inventory such alcoholic liquor and to pay this additional
tax in a manner prescribed by the Department.
The provisions of this Section shall be construed to apply
to any importing distributor engaging in business in this
State, whether licensed or not.
However, such tax is not imposed upon any such business as
to any alcoholic liquor shipped outside Illinois by an Illinois
licensed manufacturer or importing distributor, nor as to any
alcoholic liquor delivered in Illinois by an Illinois licensed

SB3733 Enrolled - 1258 - LRB096 19592 AMC 34984 b
manufacturer or importing distributor to a purchaser for
immediate transportation by the purchaser to another state into
which the purchaser has a legal right, under the laws of such
state, to import such alcoholic liquor, nor as to any alcoholic
liquor other than beer sold by one Illinois licensed
manufacturer or importing distributor to another Illinois
licensed manufacturer or importing distributor to the extent to
which the sale of alcoholic liquor other than beer by one
Illinois licensed manufacturer or importing distributor to
another Illinois licensed manufacturer or importing
distributor is authorized by the licensing provisions of this
Act, nor to alcoholic liquor whether manufactured in or
imported into this State when sold to a "non-beverage user"
licensed by the State for use in the manufacture of any of the
following when they are unfit for beverage purposes:
Patent and proprietary medicines and medicinal,
antiseptic, culinary and toilet preparations;
Flavoring extracts and syrups and food products;
Scientific, industrial and chemical products, excepting
denatured alcohol;
Or for scientific, chemical, experimental or mechanical
purposes;
Nor is the tax imposed upon the privilege of engaging in
any business in interstate commerce or otherwise, which
business may not, under the Constitution and Statutes of the
United States, be made the subject of taxation by this State.

SB3733 Enrolled - 1259 - LRB096 19592 AMC 34984 b
The tax herein imposed shall be in addition to all other
occupation or privilege taxes imposed by the State of Illinois
or political subdivision thereof.
If any alcoholic liquor manufactured in or imported into
this State is sold to a licensed manufacturer or importing
distributor by a licensed manufacturer or importing
distributor to be used solely as an ingredient in the
manufacture of any beverage for human consumption, the tax
imposed upon such purchasing manufacturer or importing
distributor shall be reduced by the amount of the taxes which
have been paid by the selling manufacturer or importing
distributor under this Act as to such alcoholic liquor so used
to the Department of Revenue.
If any person received any alcoholic liquors from a
manufacturer or importing distributor, with respect to which
alcoholic liquors no tax is imposed under this Article, and
such alcoholic liquor shall thereafter be disposed of in such
manner or under such circumstances as may cause the same to
become the base for the tax imposed by this Article, such
person shall make the same reports and returns, pay the same
taxes and be subject to all other provisions of this Article
relating to manufacturers and importing distributors.
Nothing in this Article shall be construed to require the
payment to the Department of the taxes imposed by this Article
more than once with respect to any quantity of alcoholic liquor
sold or used within this State.

SB3733 Enrolled - 1260 - LRB096 19592 AMC 34984 b
No tax is imposed by this Act on sales of alcoholic liquor
by Illinois licensed foreign importers to Illinois licensed
importing distributors.
All of the proceeds of the additional tax imposed by Public
Act 96-34 this amendatory Act of the 96th General Assembly
shall be deposited by the Department into the Capital Projects
Fund. The remainder of the tax imposed by this Act shall be
deposited by the Department into the General Revenue Fund.
The provisions of this Section 8-1 are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; revised 8-20-09.)
Section 500. The Illinois Public Aid Code is amended by
changing Sections 4-2, 5-2, 5-5.4, 5-5, 12-4.11, and 12-4.201
and by setting forth and renumbering multiple versions of
Section 12-4.37 as follows:
(305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
Sec. 4-2. Amount of aid.
(a) The amount and nature of financial aid shall be
determined in accordance with the grant amounts, rules and
regulations of the Illinois Department. Due regard shall be
given to the self-sufficiency requirements of the family and to
the income, money contributions and other support and resources
available, from whatever source. However, the amount and nature

SB3733 Enrolled - 1261 - LRB096 19592 AMC 34984 b
of any financial aid is not affected by the payment of any
grant under the "Senior Citizens and Disabled Persons Property
Tax Relief and Pharmaceutical Assistance Act" or any
distributions or items of income described under subparagraph
(X) of paragraph (2) of subsection (a) of Section 203 of the
Illinois Income Tax Act. The aid shall be sufficient, when
added to all other income, money contributions and support to
provide the family with a grant in the amount established by
Department regulation. Beginning July 1, 2008, the Department
of Human Services shall increase TANF grant amounts in effect
on June 30, 2008 by 9%.
Subject to appropriation, beginning on July 1, 2008, the
Department of Human Services shall increase TANF grant amounts
in effect on June 30, 2008 by 15%. The Department is authorized
to administer this increase but may not otherwise adopt any
rule to implement this increase.
(b) The Illinois Department may conduct special projects,
which may be known as Grant Diversion Projects, under which
recipients of financial aid under this Article are placed in
jobs and their grants are diverted to the employer who in turn
makes payments to the recipients in the form of salary or other
employment benefits. The Illinois Department shall by rule
specify the terms and conditions of such Grant Diversion
Projects. Such projects shall take into consideration and be
coordinated with the programs administered under the Illinois
Emergency Employment Development Act.

SB3733 Enrolled - 1262 - LRB096 19592 AMC 34984 b
(c) The amount and nature of the financial aid for a child
requiring care outside his own home shall be determined in
accordance with the rules and regulations of the Illinois
Department, with due regard to the needs and requirements of
the child in the foster home or institution in which he has
been placed.
(d) If the Department establishes grants for family units
consisting exclusively of a pregnant woman with no dependent
child or including her husband if living with her, the grant
amount for such a unit shall be equal to the grant amount for
an assistance unit consisting of one adult, or 2 persons if the
husband is included. Other than as herein described, an unborn
child shall not be counted in determining the size of an
assistance unit or for calculating grants.
Payments for basic maintenance requirements of a child or
children and the relative with whom the child or children are
living shall be prescribed, by rule, by the Illinois
Department.
Grants under this Article shall not be supplemented by
General Assistance provided under Article VI.
(e) Grants shall be paid to the parent or other person with
whom the child or children are living, except for such amount
as is paid in behalf of the child or his parent or other
relative to other persons or agencies pursuant to this Code or
the rules and regulations of the Illinois Department.
(f) Subject to subsection (f-5), an assistance unit,

SB3733 Enrolled - 1263 - LRB096 19592 AMC 34984 b
receiving financial aid under this Article or temporarily
ineligible to receive aid under this Article under a penalty
imposed by the Illinois Department for failure to comply with
the eligibility requirements or that voluntarily requests
termination of financial assistance under this Article and
becomes subsequently eligible for assistance within 9 months,
shall not receive any increase in the amount of aid solely on
account of the birth of a child; except that an increase is not
prohibited when the birth is (i) of a child of a pregnant woman
who became eligible for aid under this Article during the
pregnancy, or (ii) of a child born within 10 months after the
date of implementation of this subsection, or (iii) of a child
conceived after a family became ineligible for assistance due
to income or marriage and at least 3 months of ineligibility
expired before any reapplication for assistance. This
subsection does not, however, prevent a unit from receiving a
general increase in the amount of aid that is provided to all
recipients of aid under this Article.
The Illinois Department is authorized to transfer funds,
and shall use any budgetary savings attributable to not
increasing the grants due to the births of additional children,
to supplement existing funding for employment and training
services for recipients of aid under this Article IV. The
Illinois Department shall target, to the extent the
supplemental funding allows, employment and training services
to the families who do not receive a grant increase after the

SB3733 Enrolled - 1264 - LRB096 19592 AMC 34984 b
birth of a child. In addition, the Illinois Department shall
provide, to the extent the supplemental funding allows, such
families with up to 24 months of transitional child care
pursuant to Illinois Department rules. All remaining
supplemental funds shall be used for employment and training
services or transitional child care support.
In making the transfers authorized by this subsection, the
Illinois Department shall first determine, pursuant to
regulations adopted by the Illinois Department for this
purpose, the amount of savings attributable to not increasing
the grants due to the births of additional children. Transfers
may be made from General Revenue Fund appropriations for
distributive purposes authorized by Article IV of this Code
only to General Revenue Fund appropriations for employability
development services including operating and administrative
costs and related distributive purposes under Article IXA of
this Code. The Director, with the approval of the Governor,
shall certify the amount and affected line item appropriations
to the State Comptroller.
Nothing in this subsection shall be construed to prohibit
the Illinois Department from using funds under this Article IV
to provide assistance in the form of vouchers that may be used
to pay for goods and services deemed by the Illinois
Department, by rule, as suitable for the care of the child such
as diapers, clothing, school supplies, and cribs.
(f-5) Subsection (f) shall not apply to affect the monthly

SB3733 Enrolled - 1265 - LRB096 19592 AMC 34984 b
assistance amount of any family as a result of the birth of a
child on or after January 1, 2004. As resources permit after
January 1, 2004, the Department may cease applying subsection
(f) to limit assistance to families receiving assistance under
this Article on January 1, 2004, with respect to children born
prior to that date. In any event, subsection (f) shall be
completely inoperative on and after July 1, 2007.
(g) (Blank).
(h) Notwithstanding any other provision of this Code, the
Illinois Department is authorized to reduce payment levels used
to determine cash grants under this Article after December 31
of any fiscal year if the Illinois Department determines that
the caseload upon which the appropriations for the current
fiscal year are based have increased by more than 5% and the
appropriation is not sufficient to ensure that cash benefits
under this Article do not exceed the amounts appropriated for
those cash benefits. Reductions in payment levels may be
accomplished by emergency rule under Section 5-45 of the
Illinois Administrative Procedure Act, except that the
limitation on the number of emergency rules that may be adopted
in a 24-month period shall not apply and the provisions of
Sections 5-115 and 5-125 of the Illinois Administrative
Procedure Act shall not apply. Increases in payment levels
shall be accomplished only in accordance with Section 5-40 of
the Illinois Administrative Procedure Act. Before any rule to
increase payment levels promulgated under this Section shall

SB3733 Enrolled - 1266 - LRB096 19592 AMC 34984 b
become effective, a joint resolution approving the rule must be
adopted by a roll call vote by a majority of the members
elected to each chamber of the General Assembly.
(Source: P.A. 95-744, eff. 7-18-08; 95-1055, eff. 4-10-09;
revised 4-14-09.)
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
Sec. 5-2. Classes of Persons Eligible. Medical assistance
under this Article shall be available to any of the following
classes of persons in respect to whom a plan for coverage has
been submitted to the Governor by the Illinois Department and
approved by him:
1. Recipients of basic maintenance grants under
Articles III and IV.
2. Persons otherwise eligible for basic maintenance
under Articles III and IV, excluding any eligibility
requirements that are inconsistent with any federal law or
federal regulation, as interpreted by the U.S. Department
of Health and Human Services, but who fail to qualify
thereunder on the basis of need or who qualify but are not
receiving basic maintenance under Article IV, and who have
insufficient income and resources to meet the costs of
necessary medical care, including but not limited to the
following:
(a) All persons otherwise eligible for basic
maintenance under Article III but who fail to qualify

SB3733 Enrolled - 1267 - LRB096 19592 AMC 34984 b
under that Article on the basis of need and who meet
either of the following requirements:
(i) their income, as determined by the
Illinois Department in accordance with any federal
requirements, is equal to or less than 70% in
fiscal year 2001, equal to or less than 85% in
fiscal year 2002 and until a date to be determined
by the Department by rule, and equal to or less
than 100% beginning on the date determined by the
Department by rule, of the nonfarm income official
poverty line, as defined by the federal Office of
Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus
Budget Reconciliation Act of 1981, applicable to
families of the same size; or
(ii) their income, after the deduction of
costs incurred for medical care and for other types
of remedial care, is equal to or less than 70% in
fiscal year 2001, equal to or less than 85% in
fiscal year 2002 and until a date to be determined
by the Department by rule, and equal to or less
than 100% beginning on the date determined by the
Department by rule, of the nonfarm income official
poverty line, as defined in item (i) of this
subparagraph (a).
(b) All persons who, excluding any eligibility

SB3733 Enrolled - 1268 - LRB096 19592 AMC 34984 b
requirements that are inconsistent with any federal
law or federal regulation, as interpreted by the U.S.
Department of Health and Human Services, would be
determined eligible for such basic maintenance under
Article IV by disregarding the maximum earned income
permitted by federal law.
3. Persons who would otherwise qualify for Aid to the
Medically Indigent under Article VII.
4. Persons not eligible under any of the preceding
paragraphs who fall sick, are injured, or die, not having
sufficient money, property or other resources to meet the
costs of necessary medical care or funeral and burial
expenses.
5.(a) Women during pregnancy, after the fact of
pregnancy has been determined by medical diagnosis, and
during the 60-day period beginning on the last day of the
pregnancy, together with their infants and children born
after September 30, 1983, whose income and resources are
insufficient to meet the costs of necessary medical care to
the maximum extent possible under Title XIX of the Federal
Social Security Act.
(b) The Illinois Department and the Governor shall
provide a plan for coverage of the persons eligible under
paragraph 5(a) by April 1, 1990. Such plan shall provide
ambulatory prenatal care to pregnant women during a
presumptive eligibility period and establish an income

SB3733 Enrolled - 1269 - LRB096 19592 AMC 34984 b
eligibility standard that is equal to 133% of the nonfarm
income official poverty line, as defined by the federal
Office of Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, applicable to families of the
same size, provided that costs incurred for medical care
are not taken into account in determining such income
eligibility.
(c) The Illinois Department may conduct a
demonstration in at least one county that will provide
medical assistance to pregnant women, together with their
infants and children up to one year of age, where the
income eligibility standard is set up to 185% of the
nonfarm income official poverty line, as defined by the
federal Office of Management and Budget. The Illinois
Department shall seek and obtain necessary authorization
provided under federal law to implement such a
demonstration. Such demonstration may establish resource
standards that are not more restrictive than those
established under Article IV of this Code.
6. Persons under the age of 18 who fail to qualify as
dependent under Article IV and who have insufficient income
and resources to meet the costs of necessary medical care
to the maximum extent permitted under Title XIX of the
Federal Social Security Act.
7. Persons who are under 21 years of age and would

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qualify as disabled as defined under the Federal
Supplemental Security Income Program, provided medical
service for such persons would be eligible for Federal
Financial Participation, and provided the Illinois
Department determines that:
(a) the person requires a level of care provided by
a hospital, skilled nursing facility, or intermediate
care facility, as determined by a physician licensed to
practice medicine in all its branches;
(b) it is appropriate to provide such care outside
of an institution, as determined by a physician
licensed to practice medicine in all its branches;
(c) the estimated amount which would be expended
for care outside the institution is not greater than
the estimated amount which would be expended in an
institution.
8. Persons who become ineligible for basic maintenance
assistance under Article IV of this Code in programs
administered by the Illinois Department due to employment
earnings and persons in assistance units comprised of
adults and children who become ineligible for basic
maintenance assistance under Article VI of this Code due to
employment earnings. The plan for coverage for this class
of persons shall:
(a) extend the medical assistance coverage for up
to 12 months following termination of basic

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maintenance assistance; and
(b) offer persons who have initially received 6
months of the coverage provided in paragraph (a) above,
the option of receiving an additional 6 months of
coverage, subject to the following:
(i) such coverage shall be pursuant to
provisions of the federal Social Security Act;
(ii) such coverage shall include all services
covered while the person was eligible for basic
maintenance assistance;
(iii) no premium shall be charged for such
coverage; and
(iv) such coverage shall be suspended in the
event of a person's failure without good cause to
file in a timely fashion reports required for this
coverage under the Social Security Act and
coverage shall be reinstated upon the filing of
such reports if the person remains otherwise
eligible.
9. Persons with acquired immunodeficiency syndrome
(AIDS) or with AIDS-related conditions with respect to whom
there has been a determination that but for home or
community-based services such individuals would require
the level of care provided in an inpatient hospital,
skilled nursing facility or intermediate care facility the
cost of which is reimbursed under this Article. Assistance

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shall be provided to such persons to the maximum extent
permitted under Title XIX of the Federal Social Security
Act.
10. Participants in the long-term care insurance
partnership program established under the Illinois
Long-Term Care Partnership Program Act who meet the
qualifications for protection of resources described in
Section 15 of that Act.
11. Persons with disabilities who are employed and
eligible for Medicaid, pursuant to Section
1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
subject to federal approval, persons with a medically
improved disability who are employed and eligible for
Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
the Social Security Act, as provided by the Illinois
Department by rule. In establishing eligibility standards
under this paragraph 11, the Department shall, subject to
federal approval:
(a) set the income eligibility standard at not
lower than 350% of the federal poverty level;
(b) exempt retirement accounts that the person
cannot access without penalty before the age of 59 1/2,
and medical savings accounts established pursuant to
26 U.S.C. 220;
(c) allow non-exempt assets up to $25,000 as to
those assets accumulated during periods of eligibility

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under this paragraph 11; and
(d) continue to apply subparagraphs (b) and (c) in
determining the eligibility of the person under this
Article even if the person loses eligibility under this
paragraph 11.
12. Subject to federal approval, persons who are
eligible for medical assistance coverage under applicable
provisions of the federal Social Security Act and the
federal Breast and Cervical Cancer Prevention and
Treatment Act of 2000. Those eligible persons are defined
to include, but not be limited to, the following persons:
(1) persons who have been screened for breast or
cervical cancer under the U.S. Centers for Disease
Control and Prevention Breast and Cervical Cancer
Program established under Title XV of the federal
Public Health Services Act in accordance with the
requirements of Section 1504 of that Act as
administered by the Illinois Department of Public
Health; and
(2) persons whose screenings under the above
program were funded in whole or in part by funds
appropriated to the Illinois Department of Public
Health for breast or cervical cancer screening.
"Medical assistance" under this paragraph 12 shall be
identical to the benefits provided under the State's
approved plan under Title XIX of the Social Security Act.

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The Department must request federal approval of the
coverage under this paragraph 12 within 30 days after the
effective date of this amendatory Act of the 92nd General
Assembly.
13. Subject to appropriation and to federal approval,
persons living with HIV/AIDS who are not otherwise eligible
under this Article and who qualify for services covered
under Section 5-5.04 as provided by the Illinois Department
by rule.
14. Subject to the availability of funds for this
purpose, the Department may provide coverage under this
Article to persons who reside in Illinois who are not
eligible under any of the preceding paragraphs and who meet
the income guidelines of paragraph 2(a) of this Section and
(i) have an application for asylum pending before the
federal Department of Homeland Security or on appeal before
a court of competent jurisdiction and are represented
either by counsel or by an advocate accredited by the
federal Department of Homeland Security and employed by a
not-for-profit organization in regard to that application
or appeal, or (ii) are receiving services through a
federally funded torture treatment center. Medical
coverage under this paragraph 14 may be provided for up to
24 continuous months from the initial eligibility date so
long as an individual continues to satisfy the criteria of
this paragraph 14. If an individual has an appeal pending

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regarding an application for asylum before the Department
of Homeland Security, eligibility under this paragraph 14
may be extended until a final decision is rendered on the
appeal. The Department may adopt rules governing the
implementation of this paragraph 14.
15. Family Care Eligibility.
(a) A caretaker relative who is 19 years of age or
older when countable income is at or below 185% of the
Federal Poverty Level Guidelines, as published
annually in the Federal Register, for the appropriate
family size. A person may not spend down to become
eligible under this paragraph 15.
(b) Eligibility shall be reviewed annually.
(c) Caretaker relatives enrolled under this
paragraph 15 in families with countable income above
150% and at or below 185% of the Federal Poverty Level
Guidelines shall be counted as family members and pay
premiums as established under the Children's Health
Insurance Program Act.
(d) Premiums shall be billed by and payable to the
Department or its authorized agent, on a monthly basis.
(e) The premium due date is the last day of the
month preceding the month of coverage.
(f) Individuals shall have a grace period through
the month of coverage to pay the premium.
(g) Failure to pay the full monthly premium by the

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last day of the grace period shall result in
termination of coverage.
(h) Partial premium payments shall not be
refunded.
(i) Following termination of an individual's
coverage under this paragraph 15, the following action
is required before the individual can be re-enrolled:
(1) A new application must be completed and the
individual must be determined otherwise eligible.
(2) There must be full payment of premiums due
under this Code, the Children's Health Insurance
Program Act, the Covering ALL KIDS Health
Insurance Act, or any other healthcare program
administered by the Department for periods in
which a premium was owed and not paid for the
individual.
(3) The first month's premium must be paid if
there was an unpaid premium on the date the
individual's previous coverage was canceled.
The Department is authorized to implement the
provisions of this amendatory Act of the 95th General
Assembly by adopting the medical assistance rules in effect
as of October 1, 2007, at 89 Ill. Admin. Code 125, and at
89 Ill. Admin. Code 120.32 along with only those changes
necessary to conform to federal Medicaid requirements,
federal laws, and federal regulations, including but not

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limited to Section 1931 of the Social Security Act (42
U.S.C. Sec. 1396u-1), as interpreted by the U.S. Department
of Health and Human Services, and the countable income
eligibility standard authorized by this paragraph 15. The
Department may not otherwise adopt any rule to implement
this increase except as authorized by law, to meet the
eligibility standards authorized by the federal government
in the Medicaid State Plan or the Title XXI Plan, or to
meet an order from the federal government or any court.
16. 15. Subject to appropriation, uninsured persons
who are not otherwise eligible under this Section who have
been certified and referred by the Department of Public
Health as having been screened and found to need diagnostic
evaluation or treatment, or both diagnostic evaluation and
treatment, for prostate or testicular cancer. For the
purposes of this paragraph 16 15, uninsured persons are
those who do not have creditable coverage, as defined under
the Health Insurance Portability and Accountability Act,
or have otherwise exhausted any insurance benefits they may
have had, for prostate or testicular cancer diagnostic
evaluation or treatment, or both diagnostic evaluation and
treatment. To be eligible, a person must furnish a Social
Security number. A person's assets are exempt from
consideration in determining eligibility under this
paragraph 16 15. Such persons shall be eligible for medical
assistance under this paragraph 16 15 for so long as they

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need treatment for the cancer. A person shall be considered
to need treatment if, in the opinion of the person's
treating physician, the person requires therapy directed
toward cure or palliation of prostate or testicular cancer,
including recurrent metastatic cancer that is a known or
presumed complication of prostate or testicular cancer and
complications resulting from the treatment modalities
themselves. Persons who require only routine monitoring
services are not considered to need treatment. "Medical
assistance" under this paragraph 16 15 shall be identical
to the benefits provided under the State's approved plan
under Title XIX of the Social Security Act. Notwithstanding
any other provision of law, the Department (i) does not
have a claim against the estate of a deceased recipient of
services under this paragraph 16 15 and (ii) does not have
a lien against any homestead property or other legal or
equitable real property interest owned by a recipient of
services under this paragraph 16 15.
In implementing the provisions of Public Act 96-20 this
amendatory Act of the 96th General Assembly, the Department is
authorized to adopt only those rules necessary, including
emergency rules. Nothing in Public Act 96-20 this amendatory
Act of the 96th General Assembly permits the Department to
adopt rules or issue a decision that expands eligibility for
the FamilyCare Program to a person whose income exceeds 185% of
the Federal Poverty Level as determined from time to time by

SB3733 Enrolled - 1279 - LRB096 19592 AMC 34984 b
the U.S. Department of Health and Human Services, unless the
Department is provided with express statutory authority.
The Illinois Department and the Governor shall provide a
plan for coverage of the persons eligible under paragraph 7 as
soon as possible after July 1, 1984.
The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any grant
under the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act or any distributions
or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois
Income Tax Act. The Department shall by rule establish the
amounts of assets to be disregarded in determining eligibility
for medical assistance, which shall at a minimum equal the
amounts to be disregarded under the Federal Supplemental
Security Income Program. The amount of assets of a single
person to be disregarded shall not be less than $2,000, and the
amount of assets of a married couple to be disregarded shall
not be less than $3,000.
To the extent permitted under federal law, any person found
guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
The eligibility of any person for medical assistance under
this Article shall not be affected by the receipt by the person
of donations or benefits from fundraisers held for the person

SB3733 Enrolled - 1280 - LRB096 19592 AMC 34984 b
in cases of serious illness, as long as neither the person nor
members of the person's family have actual control over the
donations or benefits or the disbursement of the donations or
benefits.
(Source: P.A. 95-546, eff. 8-29-07; 95-1055, eff. 4-10-09;
96-20, eff. 6-30-09; 96-181, eff. 8-10-09; 96-328, eff.
8-11-09; 96-567, eff. 1-1-10; revised 9-25-09.)
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
(Text of Section before amendment by P.A. 96-806)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing home,
or elsewhere; (6) medical care, or any other type of remedial
care furnished by licensed practitioners; (7) home health care
services; (8) private duty nursing service; (9) clinic
services; (10) dental services, including prevention and
treatment of periodontal disease and dental caries disease for
pregnant women, provided by an individual licensed to practice
dentistry or dental surgery; for purposes of this item (10),

SB3733 Enrolled - 1281 - LRB096 19592 AMC 34984 b
"dental services" means diagnostic, preventive, or corrective
procedures provided by or under the supervision of a dentist in
the practice of his or her profession; (11) physical therapy
and related services; (12) prescribed drugs, dentures, and
prosthetic devices; and eyeglasses prescribed by a physician
skilled in the diseases of the eye, or by an optometrist,
whichever the person may select; (13) other diagnostic,
screening, preventive, and rehabilitative services; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the sexual
assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and
treatment of sickle cell anemia; and (17) any other medical
care, and any other type of remedial care recognized under the
laws of this State, but not including abortions, or induced
miscarriages or premature births, unless, in the opinion of a
physician, such procedures are necessary for the preservation
of the life of the woman seeking such treatment, or except an
induced premature birth intended to produce a live viable child
and such procedure is necessary for the health of the mother or
her unborn child. The Illinois Department, by rule, shall
prohibit any physician from providing medical assistance to
anyone eligible therefor under this Code where such physician

SB3733 Enrolled - 1282 - LRB096 19592 AMC 34984 b
has been found guilty of performing an abortion procedure in a
wilful and wanton manner upon a woman who was not pregnant at
the time such abortion procedure was performed. The term "any
other type of remedial care" shall include nursing care and
nursing home service for persons who rely on treatment by
spiritual means alone through prayer for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
The Department of Healthcare and Family Services shall
provide the following services to persons eligible for
assistance under this Article who are participating in
education, training or employment programs operated by the
Department of Human Services as successor to the Department of
Public Aid:

SB3733 Enrolled - 1283 - LRB096 19592 AMC 34984 b
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in the
diseases of the eye, or by an optometrist, whichever the
person may select.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in accordance
with the classes of persons designated in Section 5-2.
The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)
short bowel syndrome when the prescribing physician has issued
a written order stating that the amino acid-based elemental
formula is medically necessary.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for women
35 years of age or older who are eligible for medical
assistance under this Article, as follows:
(A) A baseline mammogram for women 35 to 39 years of
age.
(B) An annual mammogram for women 40 years of age or
older.
(C) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider for

SB3733 Enrolled - 1284 - LRB096 19592 AMC 34984 b
women under 40 years of age and having a family history of
breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(D) A comprehensive ultrasound screening of an entire
breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue, when medically
necessary as determined by a physician licensed to practice
medicine in all of its branches.
All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool. For purposes of this Section, "low-dose mammography"
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per
breast for 2 views of an average size breast. The term also
includes digital mammography.
On and after July 1, 2008, screening and diagnostic
mammography shall be reimbursed at the same rate as the
Medicare program's rates, including the increased
reimbursement for digital mammography.
The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography
facilities, and doctors, including radiologists, to establish
quality standards. Based on these quality standards, the

SB3733 Enrolled - 1285 - LRB096 19592 AMC 34984 b
Department shall provide for bonus payments to mammography
facilities meeting the standards for screening and diagnosis.
The bonus payments shall be at least 15% higher than the
Medicare rates for mammography.
Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other
hospital-based mammography facilities.
The Department shall establish a methodology to remind
women who are age-appropriate for screening mammography, but
who have not received a mammogram within the previous 18
months, of the importance and benefit of screening mammography.
The Department shall establish a performance goal for
primary care providers with respect to their female patients
over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers
who meet that goal.
The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot program
in areas of the State with the highest incidence of mortality
related to breast cancer. At least one pilot program site shall
be in the metropolitan Chicago area and at least one site shall
be outside the metropolitan Chicago area. An evaluation of the

SB3733 Enrolled - 1286 - LRB096 19592 AMC 34984 b
pilot program shall be carried out measuring health outcomes
and cost of care for those served by the pilot program compared
to similarly situated patients who are not served by the pilot
program.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided prenatal
services and is suspected of drug abuse or is addicted as
defined in the Alcoholism and Other Drug Abuse and Dependency
Act, referral to a local substance abuse treatment provider
licensed by the Department of Human Services or to a licensed
hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department of
Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under the Drug
Free Families with a Future or any comparable program providing
case management services for addicted women, including
information on appropriate referrals for other social services
that may be needed by addicted women in addition to treatment
for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department

SB3733 Enrolled - 1287 - LRB096 19592 AMC 34984 b
of Alcoholism and Substance Abuse) and Public Health, through a
public awareness campaign, may provide information concerning
treatment for alcoholism and drug abuse and addiction, prenatal
health care, and other pertinent programs directed at reducing
the number of drug-affected infants born to recipients of
medical assistance.
Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the
recipient solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration projects
in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by rule,
shall develop qualifications for sponsors of Partnerships.
Nothing in this Section shall be construed to require that the

SB3733 Enrolled - 1288 - LRB096 19592 AMC 34984 b
sponsor organization be a medical organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to clients
in target areas according to provisions of this Article and the
Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by the
Partnership may receive an additional surcharge for such
services.
(2) The Department may elect to consider and negotiate
financial incentives to encourage the development of
Partnerships and the efficient delivery of medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These

SB3733 Enrolled - 1289 - LRB096 19592 AMC 34984 b
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that provided
services may be accessed from therapeutically certified
optometrists to the full extent of the Illinois Optometric
Practice Act of 1987 without discriminating between service
providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance under
this Article. The Illinois Department shall require health care
providers to make available, when authorized by the patient, in
writing, the medical records in a timely fashion to other
health care providers who are treating or serving persons
eligible for Medical Assistance under this Article. All

SB3733 Enrolled - 1290 - LRB096 19592 AMC 34984 b
dispensers of medical services shall be required to maintain
and retain business and professional records sufficient to
fully and accurately document the nature, scope, details and
receipt of the health care provided to persons eligible for
medical assistance under this Code, in accordance with
regulations promulgated by the Illinois Department. The rules
and regulations shall require that proof of the receipt of
prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of such
medical services. No such claims for reimbursement shall be
approved for payment by the Illinois Department without such
proof of receipt, unless the Illinois Department shall have put
into effect and shall be operating a system of post-payment
audit and review which shall, on a sampling basis, be deemed
adequate by the Illinois Department to assure that such drugs,
dentures, prosthetic devices and eyeglasses for which payment
is being made are actually being received by eligible
recipients. Within 90 days after the effective date of this
amendatory Act of 1984, the Illinois Department shall establish
a current list of acquisition costs for all prosthetic devices
and any other items recognized as medical equipment and
supplies reimbursable under this Article and shall update such
list on a quarterly basis, except that the acquisition costs of
all prescription drugs shall be updated no less frequently than
every 30 days as required by Section 5-5.12.

SB3733 Enrolled - 1291 - LRB096 19592 AMC 34984 b
The rules and regulations of the Illinois Department shall
require that a written statement including the required opinion
of a physician shall accompany any claim for reimbursement for
abortions, or induced miscarriages or premature births. This
statement shall indicate what procedures were used in providing
such medical services.
The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the Medical
Assistance program established under this Article to disclose
all financial, beneficial, ownership, equity, surety or other
interests in any and all firms, corporations, partnerships,
associations, business enterprises, joint ventures, agencies,
institutions or other legal entities providing any form of
health care services in this State under this Article.
The Illinois Department may require that all dispensers of
medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department may
by rule establish, all inquiries from clients and attorneys
regarding medical bills paid by the Illinois Department, which
inquiries could indicate potential existence of claims or liens
for the Illinois Department.
Enrollment of a vendor that provides non-emergency medical
transportation, defined by the Department by rule, shall be
conditional for 180 days. During that time, the Department of

SB3733 Enrolled - 1292 - LRB096 19592 AMC 34984 b
Healthcare and Family Services may terminate the vendor's
eligibility to participate in the medical assistance program
without cause. That termination of eligibility is not subject
to the Department's hearing process.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the acquisition,
repair and replacement of orthotic and prosthetic devices and
durable medical equipment. Such rules shall provide, but not be
limited to, the following services: (1) immediate repair or
replacement of such devices by recipients without medical
authorization; and (2) rental, lease, purchase or
lease-purchase of durable medical equipment in a
cost-effective manner, taking into consideration the
recipient's medical prognosis, the extent of the recipient's
needs, and the requirements and costs for maintaining such
equipment. Such rules shall enable a recipient to temporarily
acquire and use alternative or substitute devices or equipment
pending repairs or replacements of any device or equipment
previously authorized for such recipient by the Department.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the State

SB3733 Enrolled - 1293 - LRB096 19592 AMC 34984 b
where they are not currently available or are undeveloped.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation and
programs for monitoring of utilization of health care services
and facilities, as it affects persons eligible for medical
assistance under this Code.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and
(d) efforts at utilization review and control by the
Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The filing of one copy of the report with the
Speaker, one copy with the Minority Leader and one copy with
the Clerk of the House of Representatives, one copy with the
President, one copy with the Minority Leader and one copy with

SB3733 Enrolled - 1294 - LRB096 19592 AMC 34984 b
the Secretary of the Senate, one copy with the Legislative
Research Unit, and such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act shall be deemed sufficient to comply with this
Section.
Rulemaking authority to implement Public Act 95-1045 this
amendatory Act of the 95th General Assembly, if any, is
conditioned on the rules being adopted in accordance with all
provisions of the Illinois Administrative Procedure Act and all
rules and procedures of the Joint Committee on Administrative
Rules; any purported rule not so adopted, for whatever reason,
is unauthorized.
(Source: P.A. 95-331, eff. 8-21-07; 95-520, eff. 8-28-07;
95-1045, eff. 3-27-09; 96-156, eff. 1-1-10; revised 11-4-09.)
(Text of Section after amendment by P.A. 96-806)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing home,

SB3733 Enrolled - 1295 - LRB096 19592 AMC 34984 b
or elsewhere; (6) medical care, or any other type of remedial
care furnished by licensed practitioners; (7) home health care
services; (8) private duty nursing service; (9) clinic
services; (10) dental services, including prevention and
treatment of periodontal disease and dental caries disease for
pregnant women, provided by an individual licensed to practice
dentistry or dental surgery; for purposes of this item (10),
"dental services" means diagnostic, preventive, or corrective
procedures provided by or under the supervision of a dentist in
the practice of his or her profession; (11) physical therapy
and related services; (12) prescribed drugs, dentures, and
prosthetic devices; and eyeglasses prescribed by a physician
skilled in the diseases of the eye, or by an optometrist,
whichever the person may select; (13) other diagnostic,
screening, preventive, and rehabilitative services; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the sexual
assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and
treatment of sickle cell anemia; and (17) any other medical
care, and any other type of remedial care recognized under the
laws of this State, but not including abortions, or induced
miscarriages or premature births, unless, in the opinion of a

SB3733 Enrolled - 1296 - LRB096 19592 AMC 34984 b
physician, such procedures are necessary for the preservation
of the life of the woman seeking such treatment, or except an
induced premature birth intended to produce a live viable child
and such procedure is necessary for the health of the mother or
her unborn child. The Illinois Department, by rule, shall
prohibit any physician from providing medical assistance to
anyone eligible therefor under this Code where such physician
has been found guilty of performing an abortion procedure in a
wilful and wanton manner upon a woman who was not pregnant at
the time such abortion procedure was performed. The term "any
other type of remedial care" shall include nursing care and
nursing home service for persons who rely on treatment by
spiritual means alone through prayer for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order

SB3733 Enrolled - 1297 - LRB096 19592 AMC 34984 b
documentation.
The Department of Healthcare and Family Services shall
provide the following services to persons eligible for
assistance under this Article who are participating in
education, training or employment programs operated by the
Department of Human Services as successor to the Department of
Public Aid:
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in the
diseases of the eye, or by an optometrist, whichever the
person may select.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in accordance
with the classes of persons designated in Section 5-2.
The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)
short bowel syndrome when the prescribing physician has issued
a written order stating that the amino acid-based elemental
formula is medically necessary.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for women
35 years of age or older who are eligible for medical

SB3733 Enrolled - 1298 - LRB096 19592 AMC 34984 b
assistance under this Article, as follows:
(A) A baseline mammogram for women 35 to 39 years of
age.
(B) An annual mammogram for women 40 years of age or
older.
(C) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider for
women under 40 years of age and having a family history of
breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(D) A comprehensive ultrasound screening of an entire
breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue, when medically
necessary as determined by a physician licensed to practice
medicine in all of its branches.
All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool. For purposes of this Section, "low-dose mammography"
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per
breast for 2 views of an average size breast. The term also
includes digital mammography.
On and after July 1, 2008, screening and diagnostic

SB3733 Enrolled - 1299 - LRB096 19592 AMC 34984 b
mammography shall be reimbursed at the same rate as the
Medicare program's rates, including the increased
reimbursement for digital mammography.
The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography
facilities, and doctors, including radiologists, to establish
quality standards. Based on these quality standards, the
Department shall provide for bonus payments to mammography
facilities meeting the standards for screening and diagnosis.
The bonus payments shall be at least 15% higher than the
Medicare rates for mammography.
Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other
hospital-based mammography facilities.
The Department shall establish a methodology to remind
women who are age-appropriate for screening mammography, but
who have not received a mammogram within the previous 18
months, of the importance and benefit of screening mammography.
The Department shall establish a performance goal for
primary care providers with respect to their female patients
over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers
who meet that goal.

SB3733 Enrolled - 1300 - LRB096 19592 AMC 34984 b
The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot program
in areas of the State with the highest incidence of mortality
related to breast cancer. At least one pilot program site shall
be in the metropolitan Chicago area and at least one site shall
be outside the metropolitan Chicago area. An evaluation of the
pilot program shall be carried out measuring health outcomes
and cost of care for those served by the pilot program compared
to similarly situated patients who are not served by the pilot
program.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided prenatal
services and is suspected of drug abuse or is addicted as
defined in the Alcoholism and Other Drug Abuse and Dependency
Act, referral to a local substance abuse treatment provider
licensed by the Department of Human Services or to a licensed
hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department of
Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under the Drug

SB3733 Enrolled - 1301 - LRB096 19592 AMC 34984 b
Free Families with a Future or any comparable program providing
case management services for addicted women, including
information on appropriate referrals for other social services
that may be needed by addicted women in addition to treatment
for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through a
public awareness campaign, may provide information concerning
treatment for alcoholism and drug abuse and addiction, prenatal
health care, and other pertinent programs directed at reducing
the number of drug-affected infants born to recipients of
medical assistance.
Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the
recipient solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
Notwithstanding any other provision of law, a health care

SB3733 Enrolled - 1302 - LRB096 19592 AMC 34984 b
provider under the medical assistance program may elect, in
lieu of receiving direct payment for services provided under
that program, to participate in the State Employees Deferred
Compensation Plan adopted under Article 24 of the Illinois
Pension Code. A health care provider who elects to participate
in the plan does not have a cause of action against the State
for any damages allegedly suffered by the provider as a result
of any delay by the State in crediting the amount of any
contribution to the provider's plan account.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration projects
in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by rule,
shall develop qualifications for sponsors of Partnerships.
Nothing in this Section shall be construed to require that the
sponsor organization be a medical organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to clients

SB3733 Enrolled - 1303 - LRB096 19592 AMC 34984 b
in target areas according to provisions of this Article and the
Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by the
Partnership may receive an additional surcharge for such
services.
(2) The Department may elect to consider and negotiate
financial incentives to encourage the development of
Partnerships and the efficient delivery of medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of

SB3733 Enrolled - 1304 - LRB096 19592 AMC 34984 b
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that provided
services may be accessed from therapeutically certified
optometrists to the full extent of the Illinois Optometric
Practice Act of 1987 without discriminating between service
providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance under
this Article. The Illinois Department shall require health care
providers to make available, when authorized by the patient, in
writing, the medical records in a timely fashion to other
health care providers who are treating or serving persons
eligible for Medical Assistance under this Article. All
dispensers of medical services shall be required to maintain
and retain business and professional records sufficient to
fully and accurately document the nature, scope, details and
receipt of the health care provided to persons eligible for
medical assistance under this Code, in accordance with
regulations promulgated by the Illinois Department. The rules
and regulations shall require that proof of the receipt of
prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany

SB3733 Enrolled - 1305 - LRB096 19592 AMC 34984 b
each claim for reimbursement submitted by the dispenser of such
medical services. No such claims for reimbursement shall be
approved for payment by the Illinois Department without such
proof of receipt, unless the Illinois Department shall have put
into effect and shall be operating a system of post-payment
audit and review which shall, on a sampling basis, be deemed
adequate by the Illinois Department to assure that such drugs,
dentures, prosthetic devices and eyeglasses for which payment
is being made are actually being received by eligible
recipients. Within 90 days after the effective date of this
amendatory Act of 1984, the Illinois Department shall establish
a current list of acquisition costs for all prosthetic devices
and any other items recognized as medical equipment and
supplies reimbursable under this Article and shall update such
list on a quarterly basis, except that the acquisition costs of
all prescription drugs shall be updated no less frequently than
every 30 days as required by Section 5-5.12.
The rules and regulations of the Illinois Department shall
require that a written statement including the required opinion
of a physician shall accompany any claim for reimbursement for
abortions, or induced miscarriages or premature births. This
statement shall indicate what procedures were used in providing
such medical services.
The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the Medical

SB3733 Enrolled - 1306 - LRB096 19592 AMC 34984 b
Assistance program established under this Article to disclose
all financial, beneficial, ownership, equity, surety or other
interests in any and all firms, corporations, partnerships,
associations, business enterprises, joint ventures, agencies,
institutions or other legal entities providing any form of
health care services in this State under this Article.
The Illinois Department may require that all dispensers of
medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department may
by rule establish, all inquiries from clients and attorneys
regarding medical bills paid by the Illinois Department, which
inquiries could indicate potential existence of claims or liens
for the Illinois Department.
Enrollment of a vendor that provides non-emergency medical
transportation, defined by the Department by rule, shall be
conditional for 180 days. During that time, the Department of
Healthcare and Family Services may terminate the vendor's
eligibility to participate in the medical assistance program
without cause. That termination of eligibility is not subject
to the Department's hearing process.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the acquisition,
repair and replacement of orthotic and prosthetic devices and
durable medical equipment. Such rules shall provide, but not be
limited to, the following services: (1) immediate repair or

SB3733 Enrolled - 1307 - LRB096 19592 AMC 34984 b
replacement of such devices by recipients without medical
authorization; and (2) rental, lease, purchase or
lease-purchase of durable medical equipment in a
cost-effective manner, taking into consideration the
recipient's medical prognosis, the extent of the recipient's
needs, and the requirements and costs for maintaining such
equipment. Such rules shall enable a recipient to temporarily
acquire and use alternative or substitute devices or equipment
pending repairs or replacements of any device or equipment
previously authorized for such recipient by the Department.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the State
where they are not currently available or are undeveloped.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation and
programs for monitoring of utilization of health care services
and facilities, as it affects persons eligible for medical
assistance under this Code.
The Illinois Department shall report annually to the

SB3733 Enrolled - 1308 - LRB096 19592 AMC 34984 b
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and
(d) efforts at utilization review and control by the
Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The filing of one copy of the report with the
Speaker, one copy with the Minority Leader and one copy with
the Clerk of the House of Representatives, one copy with the
President, one copy with the Minority Leader and one copy with
the Secretary of the Senate, one copy with the Legislative
Research Unit, and such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act shall be deemed sufficient to comply with this
Section.
Rulemaking authority to implement Public Act 95-1045 this
amendatory Act of the 95th General Assembly, if any, is
conditioned on the rules being adopted in accordance with all

SB3733 Enrolled - 1309 - LRB096 19592 AMC 34984 b
provisions of the Illinois Administrative Procedure Act and all
rules and procedures of the Joint Committee on Administrative
Rules; any purported rule not so adopted, for whatever reason,
is unauthorized.
(Source: P.A. 95-331, eff. 8-21-07; 95-520, eff. 8-28-07;
95-1045, eff. 3-27-09; 96-156, eff. 1-1-10; 96-806, eff.
7-1-10; revised 11-4-09.)
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
(Text of Section before amendment by P.A. 96-339)
Sec. 5-5.4. Standards of Payment - Department of Healthcare
and Family Services. The Department of Healthcare and Family
Services shall develop standards of payment of skilled nursing
and intermediate care services in facilities providing such
services under this Article which:
(1) Provide for the determination of a facility's payment
for skilled nursing and intermediate care services on a
prospective basis. The amount of the payment rate for all
nursing facilities certified by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities, Long Term Care for Under
Age 22 facilities, Skilled Nursing facilities, or Intermediate
Care facilities under the medical assistance program shall be
prospectively established annually on the basis of historical,
financial, and statistical data reflecting actual costs from
prior years, which shall be applied to the current rate year

SB3733 Enrolled - 1310 - LRB096 19592 AMC 34984 b
and updated for inflation, except that the capital cost element
for newly constructed facilities shall be based upon projected
budgets. The annually established payment rate shall take
effect on July 1 in 1984 and subsequent years. No rate increase
and no update for inflation shall be provided on or after July
1, 1994 and before July 1, 2010, unless specifically provided
for in this Section. The changes made by Public Act 93-841
extending the duration of the prohibition against a rate
increase or update for inflation are effective retroactive to
July 1, 2004.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 1998
shall include an increase of 3%. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act as
Skilled Nursing facilities or Intermediate Care facilities,
the rates taking effect on July 1, 1998 shall include an
increase of 3% plus $1.10 per resident-day, as defined by the
Department. For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
Facilities for the Developmentally Disabled or Long Term Care
for Under Age 22 facilities, the rates taking effect on January
1, 2006 shall include an increase of 3%. For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Intermediate Care Facilities for the

SB3733 Enrolled - 1311 - LRB096 19592 AMC 34984 b
Developmentally Disabled or Long Term Care for Under Age 22
facilities, the rates taking effect on January 1, 2009 shall
include an increase sufficient to provide a $0.50 per hour wage
increase for non-executive staff.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 1999
shall include an increase of 1.6% plus $3.00 per resident-day,
as defined by the Department. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act as
Skilled Nursing facilities or Intermediate Care facilities,
the rates taking effect on July 1, 1999 shall include an
increase of 1.6% and, for services provided on or after October
1, 1999, shall be increased by $4.00 per resident-day, as
defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 2000
shall include an increase of 2.5% per resident-day, as defined
by the Department. For facilities licensed by the Department of
Public Health under the Nursing Home Care Act as Skilled
Nursing facilities or Intermediate Care facilities, the rates
taking effect on July 1, 2000 shall include an increase of 2.5%
per resident-day, as defined by the Department.

SB3733 Enrolled - 1312 - LRB096 19592 AMC 34984 b
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as skilled nursing facilities
or intermediate care facilities, a new payment methodology must
be implemented for the nursing component of the rate effective
July 1, 2003. The Department of Public Aid (now Healthcare and
Family Services) shall develop the new payment methodology
using the Minimum Data Set (MDS) as the instrument to collect
information concerning nursing home resident condition
necessary to compute the rate. The Department shall develop the
new payment methodology to meet the unique needs of Illinois
nursing home residents while remaining subject to the
appropriations provided by the General Assembly. A transition
period from the payment methodology in effect on June 30, 2003
to the payment methodology in effect on July 1, 2003 shall be
provided for a period not exceeding 3 years and 184 days after
implementation of the new payment methodology as follows:
(A) For a facility that would receive a lower nursing
component rate per patient day under the new system than
the facility received effective on the date immediately
preceding the date that the Department implements the new
payment methodology, the nursing component rate per
patient day for the facility shall be held at the level in
effect on the date immediately preceding the date that the
Department implements the new payment methodology until a
higher nursing component rate of reimbursement is achieved
by that facility.

SB3733 Enrolled - 1313 - LRB096 19592 AMC 34984 b
(B) For a facility that would receive a higher nursing
component rate per patient day under the payment
methodology in effect on July 1, 2003 than the facility
received effective on the date immediately preceding the
date that the Department implements the new payment
methodology, the nursing component rate per patient day for
the facility shall be adjusted.
(C) Notwithstanding paragraphs (A) and (B), the
nursing component rate per patient day for the facility
shall be adjusted subject to appropriations provided by the
General Assembly.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on March 1, 2001
shall include a statewide increase of 7.85%, as defined by the
Department.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the numerator of the ratio used
by the Department of Healthcare and Family Services to compute
the rate payable under this Section using the Minimum Data Set
(MDS) methodology shall incorporate the following annual
amounts as the additional funds appropriated to the Department
specifically to pay for rates based on the MDS nursing

SB3733 Enrolled - 1314 - LRB096 19592 AMC 34984 b
component methodology in excess of the funding in effect on
December 31, 2006:
(i) For rates taking effect January 1, 2007,
$60,000,000.
(ii) For rates taking effect January 1, 2008,
$110,000,000.
(iii) For rates taking effect January 1, 2009,
$194,000,000.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the support component of the
rates taking effect on January 1, 2008 shall be computed using
the most recent cost reports on file with the Department of
Healthcare and Family Services no later than April 1, 2005,
updated for inflation to January 1, 2006.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on April 1, 2002
shall include a statewide increase of 2.0%, as defined by the
Department. This increase terminates on July 1, 2002; beginning
July 1, 2002 these rates are reduced to the level of the rates
in effect on March 31, 2002, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as skilled nursing facilities

SB3733 Enrolled - 1315 - LRB096 19592 AMC 34984 b
or intermediate care facilities, the rates taking effect on
July 1, 2001 shall be computed using the most recent cost
reports on file with the Department of Public Aid no later than
April 1, 2000, updated for inflation to January 1, 2001. For
rates effective July 1, 2001 only, rates shall be the greater
of the rate computed for July 1, 2001 or the rate effective on
June 30, 2001.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the Illinois Department shall
determine by rule the rates taking effect on July 1, 2002,
which shall be 5.9% less than the rates in effect on June 30,
2002.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, if the payment methodologies
required under Section 5A-12 and the waiver granted under 42
CFR 433.68 are approved by the United States Centers for
Medicare and Medicaid Services, the rates taking effect on July
1, 2004 shall be 3.0% greater than the rates in effect on June
30, 2004. These rates shall take effect only upon approval and
implementation of the payment methodologies required under
Section 5A-12.
Notwithstanding any other provisions of this Section, for

SB3733 Enrolled - 1316 - LRB096 19592 AMC 34984 b
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the rates taking effect on
January 1, 2005 shall be 3% more than the rates in effect on
December 31, 2004.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, effective January 1, 2009, the
per diem support component of the rates effective on January 1,
2008, computed using the most recent cost reports on file with
the Department of Healthcare and Family Services no later than
April 1, 2005, updated for inflation to January 1, 2006, shall
be increased to the amount that would have been derived using
standard Department of Healthcare and Family Services methods,
procedures, and inflators.
Notwithstanding any other provisions of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as intermediate care facilities that
are federally defined as Institutions for Mental Disease, a
socio-development component rate equal to 6.6% of the
facility's nursing component rate as of January 1, 2006 shall
be established and paid effective July 1, 2006. The
socio-development component of the rate shall be increased by a
factor of 2.53 on the first day of the month that begins at
least 45 days after January 11, 2008 (the effective date of

SB3733 Enrolled - 1317 - LRB096 19592 AMC 34984 b
Public Act 95-707). As of August 1, 2008, the socio-development
component rate shall be equal to 6.6% of the facility's nursing
component rate as of January 1, 2006, multiplied by a factor of
3.53. The Illinois Department may by rule adjust these
socio-development component rates, but in no case may such
rates be diminished.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or as long-term care
facilities for residents under 22 years of age, the rates
taking effect on July 1, 2003 shall include a statewide
increase of 4%, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on the first day of
the month that begins at least 45 days after the effective date
of this amendatory Act of the 95th General Assembly shall
include a statewide increase of 2.5%, as defined by the
Department.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, effective January 1, 2005,
facility rates shall be increased by the difference between (i)
a facility's per diem property, liability, and malpractice

SB3733 Enrolled - 1318 - LRB096 19592 AMC 34984 b
insurance costs as reported in the cost report filed with the
Department of Public Aid and used to establish rates effective
July 1, 2001 and (ii) those same costs as reported in the
facility's 2002 cost report. These costs shall be passed
through to the facility without caps or limitations, except for
adjustments required under normal auditing procedures.
Rates established effective each July 1 shall govern
payment for services rendered throughout that fiscal year,
except that rates established on July 1, 1996 shall be
increased by 6.8% for services provided on or after January 1,
1997. Such rates will be based upon the rates calculated for
the year beginning July 1, 1990, and for subsequent years
thereafter until June 30, 2001 shall be based on the facility
cost reports for the facility fiscal year ending at any point
in time during the previous calendar year, updated to the
midpoint of the rate year. The cost report shall be on file
with the Department no later than April 1 of the current rate
year. Should the cost report not be on file by April 1, the
Department shall base the rate on the latest cost report filed
by each skilled care facility and intermediate care facility,
updated to the midpoint of the current rate year. In
determining rates for services rendered on and after July 1,
1985, fixed time shall not be computed at less than zero. The
Department shall not make any alterations of regulations which
would reduce any component of the Medicaid rate to a level
below what that component would have been utilizing in the rate

SB3733 Enrolled - 1319 - LRB096 19592 AMC 34984 b
effective on July 1, 1984.
(2) Shall take into account the actual costs incurred by
facilities in providing services for recipients of skilled
nursing and intermediate care services under the medical
assistance program.
(3) Shall take into account the medical and psycho-social
characteristics and needs of the patients.
(4) Shall take into account the actual costs incurred by
facilities in meeting licensing and certification standards
imposed and prescribed by the State of Illinois, any of its
political subdivisions or municipalities and by the U.S.
Department of Health and Human Services pursuant to Title XIX
of the Social Security Act.
The Department of Healthcare and Family Services shall
develop precise standards for payments to reimburse nursing
facilities for any utilization of appropriate rehabilitative
personnel for the provision of rehabilitative services which is
authorized by federal regulations, including reimbursement for
services provided by qualified therapists or qualified
assistants, and which is in accordance with accepted
professional practices. Reimbursement also may be made for
utilization of other supportive personnel under appropriate
supervision.
(Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707,
eff. 1-11-08; 95-744, eff. 7-18-08; 96-45, eff. 7-15-09.)

SB3733 Enrolled - 1320 - LRB096 19592 AMC 34984 b
(Text of Section after amendment by P.A. 96-339)
Sec. 5-5.4. Standards of Payment - Department of Healthcare
and Family Services. The Department of Healthcare and Family
Services shall develop standards of payment of skilled nursing
and intermediate care services in facilities providing such
services under this Article which:
(1) Provide for the determination of a facility's payment
for skilled nursing and intermediate care services on a
prospective basis. The amount of the payment rate for all
nursing facilities certified by the Department of Public Health
under the MR/DD Community Care Act or the Nursing Home Care Act
as Intermediate Care for the Developmentally Disabled
facilities, Long Term Care for Under Age 22 facilities, Skilled
Nursing facilities, or Intermediate Care facilities under the
medical assistance program shall be prospectively established
annually on the basis of historical, financial, and statistical
data reflecting actual costs from prior years, which shall be
applied to the current rate year and updated for inflation,
except that the capital cost element for newly constructed
facilities shall be based upon projected budgets. The annually
established payment rate shall take effect on July 1 in 1984
and subsequent years. No rate increase and no update for
inflation shall be provided on or after July 1, 1994 and before
July 1, 2010, unless specifically provided for in this Section.
The changes made by Public Act 93-841 extending the duration of
the prohibition against a rate increase or update for inflation

SB3733 Enrolled - 1321 - LRB096 19592 AMC 34984 b
are effective retroactive to July 1, 2004.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 1998
shall include an increase of 3%. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act as
Skilled Nursing facilities or Intermediate Care facilities,
the rates taking effect on July 1, 1998 shall include an
increase of 3% plus $1.10 per resident-day, as defined by the
Department. For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
Facilities for the Developmentally Disabled or Long Term Care
for Under Age 22 facilities, the rates taking effect on January
1, 2006 shall include an increase of 3%. For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Intermediate Care Facilities for the
Developmentally Disabled or Long Term Care for Under Age 22
facilities, the rates taking effect on January 1, 2009 shall
include an increase sufficient to provide a $0.50 per hour wage
increase for non-executive staff.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 1999
shall include an increase of 1.6% plus $3.00 per resident-day,

SB3733 Enrolled - 1322 - LRB096 19592 AMC 34984 b
as defined by the Department. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act as
Skilled Nursing facilities or Intermediate Care facilities,
the rates taking effect on July 1, 1999 shall include an
increase of 1.6% and, for services provided on or after October
1, 1999, shall be increased by $4.00 per resident-day, as
defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 2000
shall include an increase of 2.5% per resident-day, as defined
by the Department. For facilities licensed by the Department of
Public Health under the Nursing Home Care Act as Skilled
Nursing facilities or Intermediate Care facilities, the rates
taking effect on July 1, 2000 shall include an increase of 2.5%
per resident-day, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as skilled nursing facilities
or intermediate care facilities, a new payment methodology must
be implemented for the nursing component of the rate effective
July 1, 2003. The Department of Public Aid (now Healthcare and
Family Services) shall develop the new payment methodology
using the Minimum Data Set (MDS) as the instrument to collect
information concerning nursing home resident condition
necessary to compute the rate. The Department shall develop the

SB3733 Enrolled - 1323 - LRB096 19592 AMC 34984 b
new payment methodology to meet the unique needs of Illinois
nursing home residents while remaining subject to the
appropriations provided by the General Assembly. A transition
period from the payment methodology in effect on June 30, 2003
to the payment methodology in effect on July 1, 2003 shall be
provided for a period not exceeding 3 years and 184 days after
implementation of the new payment methodology as follows:
(A) For a facility that would receive a lower nursing
component rate per patient day under the new system than
the facility received effective on the date immediately
preceding the date that the Department implements the new
payment methodology, the nursing component rate per
patient day for the facility shall be held at the level in
effect on the date immediately preceding the date that the
Department implements the new payment methodology until a
higher nursing component rate of reimbursement is achieved
by that facility.
(B) For a facility that would receive a higher nursing
component rate per patient day under the payment
methodology in effect on July 1, 2003 than the facility
received effective on the date immediately preceding the
date that the Department implements the new payment
methodology, the nursing component rate per patient day for
the facility shall be adjusted.
(C) Notwithstanding paragraphs (A) and (B), the
nursing component rate per patient day for the facility

SB3733 Enrolled - 1324 - LRB096 19592 AMC 34984 b
shall be adjusted subject to appropriations provided by the
General Assembly.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on March 1, 2001
shall include a statewide increase of 7.85%, as defined by the
Department.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the numerator of the ratio used
by the Department of Healthcare and Family Services to compute
the rate payable under this Section using the Minimum Data Set
(MDS) methodology shall incorporate the following annual
amounts as the additional funds appropriated to the Department
specifically to pay for rates based on the MDS nursing
component methodology in excess of the funding in effect on
December 31, 2006:
(i) For rates taking effect January 1, 2007,
$60,000,000.
(ii) For rates taking effect January 1, 2008,
$110,000,000.
(iii) For rates taking effect January 1, 2009,
$194,000,000.
Notwithstanding any other provision of this Section, for

SB3733 Enrolled - 1325 - LRB096 19592 AMC 34984 b
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the support component of the
rates taking effect on January 1, 2008 shall be computed using
the most recent cost reports on file with the Department of
Healthcare and Family Services no later than April 1, 2005,
updated for inflation to January 1, 2006.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on April 1, 2002
shall include a statewide increase of 2.0%, as defined by the
Department. This increase terminates on July 1, 2002; beginning
July 1, 2002 these rates are reduced to the level of the rates
in effect on March 31, 2002, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as skilled nursing facilities
or intermediate care facilities, the rates taking effect on
July 1, 2001 shall be computed using the most recent cost
reports on file with the Department of Public Aid no later than
April 1, 2000, updated for inflation to January 1, 2001. For
rates effective July 1, 2001 only, rates shall be the greater
of the rate computed for July 1, 2001 or the rate effective on
June 30, 2001.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under

SB3733 Enrolled - 1326 - LRB096 19592 AMC 34984 b
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the Illinois Department shall
determine by rule the rates taking effect on July 1, 2002,
which shall be 5.9% less than the rates in effect on June 30,
2002.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, if the payment methodologies
required under Section 5A-12 and the waiver granted under 42
CFR 433.68 are approved by the United States Centers for
Medicare and Medicaid Services, the rates taking effect on July
1, 2004 shall be 3.0% greater than the rates in effect on June
30, 2004. These rates shall take effect only upon approval and
implementation of the payment methodologies required under
Section 5A-12.
Notwithstanding any other provisions of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the rates taking effect on
January 1, 2005 shall be 3% more than the rates in effect on
December 31, 2004.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, effective January 1, 2009, the

SB3733 Enrolled - 1327 - LRB096 19592 AMC 34984 b
per diem support component of the rates effective on January 1,
2008, computed using the most recent cost reports on file with
the Department of Healthcare and Family Services no later than
April 1, 2005, updated for inflation to January 1, 2006, shall
be increased to the amount that would have been derived using
standard Department of Healthcare and Family Services methods,
procedures, and inflators.
Notwithstanding any other provisions of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as intermediate care facilities that
are federally defined as Institutions for Mental Disease, a
socio-development component rate equal to 6.6% of the
facility's nursing component rate as of January 1, 2006 shall
be established and paid effective July 1, 2006. The
socio-development component of the rate shall be increased by a
factor of 2.53 on the first day of the month that begins at
least 45 days after January 11, 2008 (the effective date of
Public Act 95-707). As of August 1, 2008, the socio-development
component rate shall be equal to 6.6% of the facility's nursing
component rate as of January 1, 2006, multiplied by a factor of
3.53. The Illinois Department may by rule adjust these
socio-development component rates, but in no case may such
rates be diminished.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or as long-term care

SB3733 Enrolled - 1328 - LRB096 19592 AMC 34984 b
facilities for residents under 22 years of age, the rates
taking effect on July 1, 2003 shall include a statewide
increase of 4%, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on the first day of
the month that begins at least 45 days after the effective date
of this amendatory Act of the 95th General Assembly shall
include a statewide increase of 2.5%, as defined by the
Department.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, effective January 1, 2005,
facility rates shall be increased by the difference between (i)
a facility's per diem property, liability, and malpractice
insurance costs as reported in the cost report filed with the
Department of Public Aid and used to establish rates effective
July 1, 2001 and (ii) those same costs as reported in the
facility's 2002 cost report. These costs shall be passed
through to the facility without caps or limitations, except for
adjustments required under normal auditing procedures.
Rates established effective each July 1 shall govern
payment for services rendered throughout that fiscal year,
except that rates established on July 1, 1996 shall be

SB3733 Enrolled - 1329 - LRB096 19592 AMC 34984 b
increased by 6.8% for services provided on or after January 1,
1997. Such rates will be based upon the rates calculated for
the year beginning July 1, 1990, and for subsequent years
thereafter until June 30, 2001 shall be based on the facility
cost reports for the facility fiscal year ending at any point
in time during the previous calendar year, updated to the
midpoint of the rate year. The cost report shall be on file
with the Department no later than April 1 of the current rate
year. Should the cost report not be on file by April 1, the
Department shall base the rate on the latest cost report filed
by each skilled care facility and intermediate care facility,
updated to the midpoint of the current rate year. In
determining rates for services rendered on and after July 1,
1985, fixed time shall not be computed at less than zero. The
Department shall not make any alterations of regulations which
would reduce any component of the Medicaid rate to a level
below what that component would have been utilizing in the rate
effective on July 1, 1984.
(2) Shall take into account the actual costs incurred by
facilities in providing services for recipients of skilled
nursing and intermediate care services under the medical
assistance program.
(3) Shall take into account the medical and psycho-social
characteristics and needs of the patients.
(4) Shall take into account the actual costs incurred by
facilities in meeting licensing and certification standards

SB3733 Enrolled - 1330 - LRB096 19592 AMC 34984 b
imposed and prescribed by the State of Illinois, any of its
political subdivisions or municipalities and by the U.S.
Department of Health and Human Services pursuant to Title XIX
of the Social Security Act.
The Department of Healthcare and Family Services shall
develop precise standards for payments to reimburse nursing
facilities for any utilization of appropriate rehabilitative
personnel for the provision of rehabilitative services which is
authorized by federal regulations, including reimbursement for
services provided by qualified therapists or qualified
assistants, and which is in accordance with accepted
professional practices. Reimbursement also may be made for
utilization of other supportive personnel under appropriate
supervision.
(Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707,
eff. 1-11-08; 95-744, eff. 7-18-08; 96-45, eff. 7-15-09;
96-339, eff. 7-1-10; revised 10-23-09.)
(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
Sec. 12-4.11. Grant amounts. The Department, with due
regard for and subject to budgetary limitations, shall
establish grant amounts for each of the programs, by
regulation. The grant amounts may vary by program, size of
assistance unit and geographic area.
Aid payments shall not be reduced except: (1) for changes
in the cost of items included in the grant amounts, or (2) for

SB3733 Enrolled - 1331 - LRB096 19592 AMC 34984 b
changes in the expenses of the recipient, or (3) for changes in
the income or resources available to the recipient, or (4) for
changes in grants resulting from adoption of a consolidated
grant amount. Beginning July 1, 2008, the Department of Human
Services shall increase TANF grant amounts in effect on June
30, 2008 by 9%.
Subject to appropriation, beginning on July 1, 2008, the
Department of Human Services shall increase TANF grant amounts
in effect on June 30, 2008 by 15%. The Department is authorized
to administer this increase but may not otherwise adopt any
rule to implement this increase.
In fixing standards to govern payments or reimbursements
for funeral and burial expenses, the Department shall establish
a minimum allowable amount of not less than $1,000 for
Department payment of funeral services and not less than $500
for Department payment of burial or cremation services. On
January 1, 2006, July 1, 2006, and July 1, 2007, the Department
shall increase the minimum reimbursement amount for funeral and
burial expenses under this Section by a percentage equal to the
percentage increase in the Consumer Price Index for All Urban
Consumers, if any, during the 12 months immediately preceding
that January 1 or July 1. In establishing the minimum allowable
amount, the Department shall take into account the services
essential to a dignified, low-cost (i) funeral and (ii) burial
or cremation, including reasonable amounts that may be
necessary for burial space and cemetery charges, and any

SB3733 Enrolled - 1332 - LRB096 19592 AMC 34984 b
applicable taxes or other required governmental fees or
charges. If no person has agreed to pay the total cost of the
(i) funeral and (ii) burial or cremation charges, the
Department shall pay the vendor the actual costs of the (i)
funeral and (ii) burial or cremation, or the minimum allowable
amount for each service as established by the Department,
whichever is less, provided that the Department reduces its
payments by the amount available from the following sources:
the decedent's assets and available resources and the
anticipated amounts of any death benefits available to the
decedent's estate, and amounts paid and arranged to be paid by
the decedent's legally responsible relatives. A legally
responsible relative is expected to pay (i) funeral and (ii)
burial or cremation expenses unless financially unable to do
so.
Nothing contained in this Section or in any other Section
of this Code shall be construed to prohibit the Illinois
Department (1) from consolidating existing standards on the
basis of any standards which are or were in effect on, or
subsequent to July 1, 1969, or (2) from employing any
consolidated standards in determining need for public aid and
the amount of money payment or grant for individual recipients
or recipient families.
(Source: P.A. 94-669, eff. 8-23-05; 95-744, eff. 7-18-08;
95-1055, eff. 4-10-09; revised 4-14-09.)

SB3733 Enrolled - 1333 - LRB096 19592 AMC 34984 b
(305 ILCS 5/12-4.37)
Sec. 12-4.37. Children's Healthcare Partnership Pilot
Program.
(a) The Department of Healthcare and Family Services, in
cooperation with the Department of Human Services, shall
establish a Children's Healthcare Partnership Pilot Program in
Sangamon County to fund the provision of various health care
services by a single provider, or a group of providers that
have entered into an agreement for that purpose, at a single
location in the county. Services covered under the pilot
program shall include, but need not be limited to, family
practice, pediatric, nursing (including advanced practice
nursing), psychiatric, dental, and vision services. The
Departments shall fund the provision of all services provided
under the pilot program using a rate structure that is
cost-based. To be selected by the Departments as the provider
of health care services under the pilot program, a provider or
group of providers must serve a disproportionate share of
low-income or indigent patients, including recipients of
medical assistance under Article V of this Code. The
Departments shall adopt rules as necessary to implement this
Section.
(b) Implementation of this Section is contingent on federal
approval. The Department of Healthcare and Family Services
shall take appropriate action by January 1, 2010 to seek
federal approval.

SB3733 Enrolled - 1334 - LRB096 19592 AMC 34984 b
(c) This Section is inoperative if the provider of health
care services under the pilot program receives designation as a
Federally Qualified Health Center (FQHC) or FQHC Look-Alike.
(Source: P.A. 96-691, eff. 8-25-09.)
(305 ILCS 5/12-4.39)
Sec. 12-4.39 12-4.37. Dental clinic grant program.
(a) Grant program. Subject to funding availability, the
Department of Healthcare and Family Services shall administer a
grant program. The purpose of this grant program shall be to
build the public infrastructure for dental care and to make
grants to local health departments, federally qualified health
clinics (FQHCs), and rural health clinics (RHCs) for
development of comprehensive dental clinics for dental care
services. The primary purpose of these new dental clinics will
be to increase dental access for low-income and Department of
Healthcare and Family Services clients who have no dental
arrangements with a dental provider in a project's service
area. The dental clinic must be willing to accept out-of-area
clients who need dental services, including emergency services
for adults and Early and Periodic Screening, Diagnosis and
Treatment (EPSDT)-referral children. Medically Underserved
Areas (MUAs) and Health Professional Shortage Areas (HPSAs)
shall receive special priority for grants under this program.
(b) Eligible applicants. The following entities are
eligible to apply for grants:

SB3733 Enrolled - 1335 - LRB096 19592 AMC 34984 b
(1) Local health departments.
(2) Federally Qualified Health Centers (FQHCs).
(3) Rural health clinics (RHCs).
(c) Use of grant moneys. Grant moneys must be used to
support projects that develop dental services to meet the
dental health care needs of Department of Healthcare and Family
Services Dental Program clients. Grant moneys must be used for
operating expenses, including, but not limited to: insurance;
dental supplies and equipment; dental support services; and
renovation expenses. Grant moneys may not be used to offset
existing indebtedness, supplant existing funds, purchase real
property, or pay for personnel service salaries for dental
employees.
(d) Application process. The Department shall establish
procedures for applying for dental clinic grants.
(Source: P.A. 96-67, eff. 7-23-09; revised 10-24-09.)
(305 ILCS 5/12-4.201)
Sec. 12-4.201. (a) Data warehouse concerning medical and
related services.
(a) The Department of Healthcare and Family Services may
purchase services and materials associated with the costs of
developing and implementing a data warehouse comprised of
management and decision making information in regard to the
liability associated with, and utilization of, medical and
related services, out of moneys available for that purpose.

SB3733 Enrolled - 1336 - LRB096 19592 AMC 34984 b
(b) The Department of Healthcare and Family Services shall
perform all necessary administrative functions to expand its
linearly-scalable data warehouse to encompass other healthcare
data sources at both the Department of Human Services and the
Department of Public Health. The Department of Healthcare and
Family Services shall leverage the inherent capabilities of the
data warehouse to accomplish this expansion with marginal
additional technical administration. The purpose of this
expansion is to allow for programmatic review and analysis
including the interrelatedness among the various healthcare
programs in order to ascertain effectiveness toward, and
ultimate impact on, clients. Beginning July 1, 2005, the
Department of Healthcare and Family Services (formerly
Department of Public Aid) shall supply quarterly reports to the
Commission on Government Forecasting and Accountability
detailing progress toward this mandate.
(c) The Department of Healthcare and Family Services (HFS),
the Illinois Department of Public Health, the Illinois
Department of Human Services, and the Division of Specialized
Care for Children, University of Illinois at Chicago, with
necessary support from the Department of Central Management
Services, shall integrate into the medical data warehouse
individual record level data owned by one of these agencies
that pertains to maternal and child health, including the
following data sets:
(1) Vital Records as they relate to births, birth

SB3733 Enrolled - 1337 - LRB096 19592 AMC 34984 b
outcomes, and deaths.
(2) Adverse Pregnancy Outcomes Reporting System
(APORS).
(3) Genetics/Newborn Screenings/SIDS.
(4) Cornerstone (WIC, FCM, Teen Parents,
Immunization).
(5) HFS medical claims data.
(6) I-CARE.
(7) Children with Special Healthcare Needs Data.
By September 1, 2009, the departments of Healthcare and
Family Services, Public Health, and Human Services and the
Division of Specialized Care for Children shall jointly prepare
a work plan for fully integrating these data sets into the
medical data warehouse. The work plan shall provide an overall
project design, including defining a mutually acceptable
transfer format for each discrete data set, the data update
frequency, and a single method of data transfer for each data
set. By October 1, 2009, the Department of Public Health shall
grant to the Department of Healthcare and Family Services
complete access to all vital records data. The Department of
Public Health shall prepare a report detailing that this task
has been accomplished and submit this report to the Commission
on Government Forecasting and Accountability by October 15,
2009. By March 1, 2010, the data sets shall be completely
loaded into the medical data warehouse. By July 1, 2010, data
from the various sources shall be processed so as to be

SB3733 Enrolled - 1338 - LRB096 19592 AMC 34984 b
compatible with other data in the medical data warehouse and
available for analysis in an integrated manner.
With the cooperation of the other agencies, HFS shall
submit status reports on the progress of these efforts to the
Governor and the General Assembly no later than October 1, 2009
and April 1, 2010, with a final report due no later than
November 1, 2010.
On an ongoing basis, the 4 agencies shall review the
feasibility of adding data from additional sources to the
warehouse. Such review may take into account the cost
effectiveness of adding the data, the utility of adding data
that is not available as identifiable individual record level
data, the requirements related to adding data owned by another
entity or not available in electronic form, whether sharing of
the data is otherwise prohibited by law and the resources
required and available for effecting the addition.
The departments shall use analysis of the data in the
medical data warehouse to improve maternal and child health
outcomes, and in particular improve birth outcomes, and to
reduce racial health disparities in this area.
All access and use of the data shall be in compliance with
all applicable federal and State laws, regulations, and
mandates.
Notwithstanding anything in this Section, data
incorporated into the data warehouse shall remain subject to
the same provisions of law regarding confidentiality and use

SB3733 Enrolled - 1339 - LRB096 19592 AMC 34984 b
restrictions as they are subject to in the control of the
contributing agency. The Department of Healthcare and Family
Services shall develop measures to ensure that the interplay of
the several data sets contributed to the data warehouse does
not lead to the use or release of data from the data warehouse
that would not otherwise be subject to use or release under
State or federal law.
(Source: P.A. 95-331, eff. 8-21-07; 96-799, eff. 10-28-09;
revised 11-24-09.)
Section 505. The Energy Assistance Act is amended by
changing Sections 6 and 13 as follows:
(305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
Sec. 6. Eligibility, Conditions of Participation, and
Energy Assistance.
(a) Any person who is a resident of the State of Illinois
and whose household income is not greater than an amount
determined annually by the Department, in consultation with the
Policy Advisory Council, may apply for assistance pursuant to
this Act in accordance with regulations promulgated by the
Department. In setting the annual eligibility level, the
Department shall consider the amount of available funding and
may not set a limit higher than 150% of the federal nonfarm
poverty level as established by the federal Office of
Management and Budget; except that for the period ending June

SB3733 Enrolled - 1340 - LRB096 19592 AMC 34984 b
30, 2012, or until the expenditure of federal resources
allocated for energy assistance programs by the American
Recovery and Reinvestment Act, whichever occurs first, the
Department may not establish limits higher than 200% of that
poverty level.
(b) Applicants who qualify for assistance pursuant to
subsection (a) of this Section shall, subject to appropriation
from the General Assembly and subject to availability of funds
to the Department, receive energy assistance as provided by
this Act. The Department, upon receipt of monies authorized
pursuant to this Act for energy assistance, shall commit funds
for each qualified applicant in an amount determined by the
Department. In determining the amounts of assistance to be
provided to or on behalf of a qualified applicant, the
Department shall ensure that the highest amounts of assistance
go to households with the greatest energy costs in relation to
household income. The Department shall include factors such as
energy costs, household size, household income, and region of
the State when determining individual household benefits. In
setting assistance levels, the Department shall attempt to
provide assistance to approximately the same number of
households who participated in the 1991 Residential Energy
Assistance Partnership Program. Such assistance levels shall
be adjusted annually on the basis of funding availability and
energy costs. In promulgating rules for the administration of
this Section the Department shall assure that a minimum of 1/3

SB3733 Enrolled - 1341 - LRB096 19592 AMC 34984 b
of funds available for benefits to eligible households with the
lowest incomes and that elderly and disabled households are
offered a priority application period.
(c) If the applicant is not a customer of record of an
energy provider for energy services or an applicant for such
service, such applicant shall receive a direct energy
assistance payment in an amount established by the Department
for all such applicants under this Act; provided, however, that
such an applicant must have rental expenses for housing greater
than 30% of household income.
(c-1) This subsection shall apply only in cases where: (1)
the applicant is not a customer of record of an energy provider
because energy services are provided by the owner of the unit
as a portion of the rent; (2) the applicant resides in housing
subsidized or developed with funds provided under the Rental
Housing Support Program Act or under a similar locally funded
rent subsidy program, or is the voucher holder who resides in a
rental unit within the State of Illinois and whose monthly rent
is subsidized by the tenant-based Housing Choice Voucher
Program under Section 8 of the U.S. Housing Act of 1937; and
(3) the rental expenses for housing are no more than 30% of
household income. In such cases, the household may apply for an
energy assistance payment under this Act and the owner of the
housing unit shall cooperate with the applicant by providing
documentation of the energy costs for that unit. Any
compensation paid to the energy provider who supplied energy

SB3733 Enrolled - 1342 - LRB096 19592 AMC 34984 b
services to the household shall be paid on behalf of the owner
of the housing unit providing energy services to the household.
The Department shall report annually to the General Assembly on
the number of households receiving energy assistance under this
subsection and the cost of such assistance. The provisions of
this subsection (c-1), other than this sentence, are
inoperative after August 31, 2012.
(d) If the applicant is a customer of an energy provider,
such applicant shall receive energy assistance in an amount
established by the Department for all such applicants under
this Act, such amount to be paid by the Department to the
energy provider supplying winter energy service to such
applicant. Such applicant shall:
(i) make all reasonable efforts to apply to any other
appropriate source of public energy assistance; and
(ii) sign a waiver permitting the Department to receive
income information from any public or private agency
providing income or energy assistance and from any
employer, whether public or private.
(e) Any qualified applicant pursuant to this Section may
receive or have paid on such applicant's behalf an emergency
assistance payment to enable such applicant to obtain access to
winter energy services. Any such payments shall be made in
accordance with regulations of the Department.
(f) The Department may, if sufficient funds are available,
provide additional benefits to certain qualified applicants:

SB3733 Enrolled - 1343 - LRB096 19592 AMC 34984 b
(i) for the reduction of past due amounts owed to
energy providers; and
(ii) to assist the household in responding to
excessively high summer temperatures or energy costs.
Households containing elderly members, children, a person
with a disability, or a person with a medical need for
conditioned air shall receive priority for receipt of such
benefits.
(Source: P.A. 96-154, eff. 1-1-10; 96-157, eff. 9-1-09; revised
9-4-09.)
(305 ILCS 20/13)
(Section scheduled to be repealed on December 31, 2013)
Sec. 13. Supplemental Low-Income Energy Assistance Fund.
(a) The Supplemental Low-Income Energy Assistance Fund is
hereby created as a special fund in the State Treasury. The
Supplemental Low-Income Energy Assistance Fund is authorized
to receive moneys from voluntary donations from individuals,
foundations, corporations, and other sources, moneys received
pursuant to Section 17, and, by statutory deposit, the moneys
collected pursuant to this Section. The Fund is also authorized
to receive voluntary donations from individuals, foundations,
corporations, and other sources, as well as contributions made
in accordance with Section 507MM of the Illinois Income Tax
Act. Subject to appropriation, the Department shall use moneys
from the Supplemental Low-Income Energy Assistance Fund for

SB3733 Enrolled - 1344 - LRB096 19592 AMC 34984 b
payments to electric or gas public utilities, municipal
electric or gas utilities, and electric cooperatives on behalf
of their customers who are participants in the program
authorized by Sections 4 and 18 of this Act, for the provision
of weatherization services and for administration of the
Supplemental Low-Income Energy Assistance Fund. The yearly
expenditures for weatherization may not exceed 10% of the
amount collected during the year pursuant to this Section. The
yearly administrative expenses of the Supplemental Low-Income
Energy Assistance Fund may not exceed 10% of the amount
collected during that year pursuant to this Section.
(b) Notwithstanding the provisions of Section 16-111 of the
Public Utilities Act but subject to subsection (k) of this
Section, each public utility, electric cooperative, as defined
in Section 3.4 of the Electric Supplier Act, and municipal
utility, as referenced in Section 3-105 of the Public Utilities
Act, that is engaged in the delivery of electricity or the
distribution of natural gas within the State of Illinois shall,
effective January 1, 1998, assess each of its customer accounts
a monthly Energy Assistance Charge for the Supplemental
Low-Income Energy Assistance Fund. The delivering public
utility, municipal electric or gas utility, or electric or gas
cooperative for a self-assessing purchaser remains subject to
the collection of the fee imposed by this Section. The monthly
charge shall be as follows:
(1) $0.48 per month on each account for residential

SB3733 Enrolled - 1345 - LRB096 19592 AMC 34984 b
electric service;
(2) $0.48 per month on each account for residential gas
service;
(3) $4.80 per month on each account for non-residential
electric service which had less than 10 megawatts of peak
demand during the previous calendar year;
(4) $4.80 per month on each account for non-residential
gas service which had distributed to it less than 4,000,000
therms of gas during the previous calendar year;
(5) $360 per month on each account for non-residential
electric service which had 10 megawatts or greater of peak
demand during the previous calendar year; and
(6) $360 per month on each account for non-residential
gas service which had 4,000,000 or more therms of gas
distributed to it during the previous calendar year.
The incremental change to such charges imposed by this
amendatory Act of the 96th General Assembly shall not (i) be
used for any purpose other than to directly assist customers
and (ii) be applicable to utilities serving less than 100,000
customers in Illinois on January 1, 2009.
In addition, electric and gas utilities have committed, and
shall contribute, a one-time payment of $22 million to the
Fund, within 10 days after the effective date of the tariffs
established pursuant to Sections 16-111.8 and 19-145 of the
Public Utilities Act to be used for the Department's cost of
implementing the programs described in Section 18 of this

SB3733 Enrolled - 1346 - LRB096 19592 AMC 34984 b
amendatory Act of the 96th General Assembly, the Arrearage
Reduction Program described in Section 18, and the programs
described in Section 8-105 of the Public Utilities Act. If a
utility elects not to file a rider within 90 days after the
effective date of this amendatory Act of the 96th General
Assembly, then the contribution from such utility shall be made
no later than February 1, 2010.
(c) For purposes of this Section:
(1) "residential electric service" means electric
utility service for household purposes delivered to a
dwelling of 2 or fewer units which is billed under a
residential rate, or electric utility service for
household purposes delivered to a dwelling unit or units
which is billed under a residential rate and is registered
by a separate meter for each dwelling unit;
(2) "residential gas service" means gas utility
service for household purposes distributed to a dwelling of
2 or fewer units which is billed under a residential rate,
or gas utility service for household purposes distributed
to a dwelling unit or units which is billed under a
residential rate and is registered by a separate meter for
each dwelling unit;
(3) "non-residential electric service" means electric
utility service which is not residential electric service;
and
(4) "non-residential gas service" means gas utility

SB3733 Enrolled - 1347 - LRB096 19592 AMC 34984 b
service which is not residential gas service.
(d) Within 30 days after the effective date of this
amendatory Act of the 96th General Assembly, each public
utility engaged in the delivery of electricity or the
distribution of natural gas shall file with the Illinois
Commerce Commission tariffs incorporating the Energy
Assistance Charge in other charges stated in such tariffs,
which shall become effective no later than the beginning of the
first billing cycle following such filing.
(e) The Energy Assistance Charge assessed by electric and
gas public utilities shall be considered a charge for public
utility service.
(f) By the 20th day of the month following the month in
which the charges imposed by the Section were collected, each
public utility, municipal utility, and electric cooperative
shall remit to the Department of Revenue all moneys received as
payment of the Energy Assistance Charge on a return prescribed
and furnished by the Department of Revenue showing such
information as the Department of Revenue may reasonably
require; provided, however, that a utility offering an
Arrearage Reduction Program pursuant to Section 18 of this Act
shall be entitled to net those amounts necessary to fund and
recover the costs of such Program as authorized by that Section
that is no more than the incremental change in such Energy
Assistance Charge authorized by this amendatory Act of the 96th
General Assembly. If a customer makes a partial payment, a

SB3733 Enrolled - 1348 - LRB096 19592 AMC 34984 b
public utility, municipal utility, or electric cooperative may
elect either: (i) to apply such partial payments first to
amounts owed to the utility or cooperative for its services and
then to payment for the Energy Assistance Charge or (ii) to
apply such partial payments on a pro-rata basis between amounts
owed to the utility or cooperative for its services and to
payment for the Energy Assistance Charge.
(g) The Department of Revenue shall deposit into the
Supplemental Low-Income Energy Assistance Fund all moneys
remitted to it in accordance with subsection (f) of this
Section; provided, however, that the amounts remitted by each
utility shall be used to provide assistance to that utility's
customers. The utilities shall coordinate with the Department
to establish an equitable and practical methodology for
implementing this subsection (g) beginning with the 2010
program year.
(h) (Blank). On or before December 31, 2002, the Department
shall prepare a report for the General Assembly on the
expenditure of funds appropriated from the Low-Income Energy
Assistance Block Grant Fund for the program authorized under
Section 4 of this Act.
(i) The Department of Revenue may establish such rules as
it deems necessary to implement this Section.
(j) The Department of Commerce and Economic Opportunity may
establish such rules as it deems necessary to implement this
Section.

SB3733 Enrolled - 1349 - LRB096 19592 AMC 34984 b
(k) The charges imposed by this Section shall only apply to
customers of municipal electric or gas utilities and electric
or gas cooperatives if the municipal electric or gas utility or
electric or gas cooperative makes an affirmative decision to
impose the charge. If a municipal electric or gas utility or an
electric cooperative makes an affirmative decision to impose
the charge provided by this Section, the municipal electric or
gas utility or electric cooperative shall inform the Department
of Revenue in writing of such decision when it begins to impose
the charge. If a municipal electric or gas utility or electric
or gas cooperative does not assess this charge, the Department
may not use funds from the Supplemental Low-Income Energy
Assistance Fund to provide benefits to its customers under the
program authorized by Section 4 of this Act.
In its use of federal funds under this Act, the Department
may not cause a disproportionate share of those federal funds
to benefit customers of systems which do not assess the charge
provided by this Section.
This Section is repealed effective December 31, 2013 unless
renewed by action of the General Assembly. The General Assembly
shall consider the results of the evaluations described in
Section 8 in its deliberations.
(Source: P.A. 95-48, eff. 8-10-07; 95-331, eff. 8-21-07; 96-33,
eff. 7-10-09; 96-154, eff. 1-1-10; revised 11-4-09.)
Section 510. The Elder Abuse and Neglect Act is amended by

SB3733 Enrolled - 1350 - LRB096 19592 AMC 34984 b
changing Sections 2, 3, and 4 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
(Text of Section before amendment by P.A. 96-339)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, neglect, or self-neglect
for the sole reason that he or she is being furnished with or
relies upon treatment by spiritual means through prayer alone,
in accordance with the tenets and practices of a recognized
church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
(a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion of
the care of an eligible adult who needs assistance with
activities of daily living.

SB3733 Enrolled - 1351 - LRB096 19592 AMC 34984 b
(b) "Department" means the Department on Aging of the State
of Illinois.
(c) "Director" means the Director of the Department.
(d) "Domestic living situation" means a residence where the
eligible adult lives alone or with his or her family or a
caregiver, or others, or a board and care home or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113 of
the Nursing Home Care Act;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by the
federal government or agency thereof or by the State of
Illinois;
(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act;

SB3733 Enrolled - 1352 - LRB096 19592 AMC 34984 b
(8) An assisted living or shared housing establishment
as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means a person 60 years of age or
older who resides in a domestic living situation and is, or is
alleged to be, abused, neglected, or financially exploited by
another individual or who neglects himself or herself.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Clinical Psychologist Licensing Act,
the Clinical Social Work and Social Work Practice Act, the
Illinois Dental Practice Act, the Dietetic and Nutrition
Services Practice Act, the Marriage and Family Therapy
Licensing Act, the Medical Practice Act of 1987, the

SB3733 Enrolled - 1353 - LRB096 19592 AMC 34984 b
Naprapathic Practice Act, the Nurse Practice Act, the
Nursing Home Administrators Licensing and Disciplinary
Act, the Illinois Occupational Therapy Practice Act, the
Illinois Optometric Practice Act of 1987, the Pharmacy
Practice Act, the Illinois Physical Therapy Act, the
Physician Assistant Practice Act of 1987, the Podiatric
Medical Practice Act of 1987, the Respiratory Care Practice
Act, the Professional Counselor and Clinical Professional
Counselor Licensing Act, the Illinois Speech-Language
Pathology and Audiology Practice Act, the Veterinary
Medicine and Surgery Practice Act of 2004, and the Illinois
Public Accounting Act;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare and

SB3733 Enrolled - 1354 - LRB096 19592 AMC 34984 b
Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care Ombudsman;
(7) any employee of the State of Illinois not otherwise
specified herein who is involved in providing services to
eligible adults, including professionals providing medical
or rehabilitation services and all other persons having
direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner; or
(9) a person who performs the duties of a paramedic or
an emergency medical technician.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.

SB3733 Enrolled - 1355 - LRB096 19592 AMC 34984 b
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area appointed by the regional
administrative agency with prior approval by the Department on
Aging to receive and assess reports of alleged or suspected
abuse, neglect, or financial exploitation.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated Area Agency on
Aging shall be designated the regional administrative agency if
it so requests. The Department shall assume the functions of
the regional administrative agency for any planning and service
area where another agency is not so designated.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged

SB3733 Enrolled - 1356 - LRB096 19592 AMC 34984 b
or suspected abuse, neglect, financial exploitation, or
self-neglect in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07;
95-876, eff. 8-21-08; 96-526, eff. 1-1-10; 96-572, eff.1-1-10;
revised 9-25-09.)
(Text of Section after amendment by P.A. 96-339)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, neglect, or self-neglect
for the sole reason that he or she is being furnished with or
relies upon treatment by spiritual means through prayer alone,
in accordance with the tenets and practices of a recognized
church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.

SB3733 Enrolled - 1357 - LRB096 19592 AMC 34984 b
(a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion of
the care of an eligible adult who needs assistance with
activities of daily living.
(b) "Department" means the Department on Aging of the State
of Illinois.
(c) "Director" means the Director of the Department.
(d) "Domestic living situation" means a residence where the
eligible adult lives alone or with his or her family or a
caregiver, or others, or a board and care home or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113 of
the Nursing Home Care Act;
(1.5) A facility licensed under the MR/DD Community
Care Act;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by the
federal government or agency thereof or by the State of
Illinois;
(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the

SB3733 Enrolled - 1358 - LRB096 19592 AMC 34984 b
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act;
(8) An assisted living or shared housing establishment
as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means a person 60 years of age or
older who resides in a domestic living situation and is, or is
alleged to be, abused, neglected, or financially exploited by
another individual or who neglects himself or herself.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,

SB3733 Enrolled - 1359 - LRB096 19592 AMC 34984 b
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Clinical Psychologist Licensing Act,
the Clinical Social Work and Social Work Practice Act, the
Illinois Dental Practice Act, the Dietetic and Nutrition
Services Practice Act, the Marriage and Family Therapy
Licensing Act, the Medical Practice Act of 1987, the
Naprapathic Practice Act, the Nurse Practice Act, the
Nursing Home Administrators Licensing and Disciplinary
Act, the Illinois Occupational Therapy Practice Act, the
Illinois Optometric Practice Act of 1987, the Pharmacy
Practice Act, the Illinois Physical Therapy Act, the
Physician Assistant Practice Act of 1987, the Podiatric
Medical Practice Act of 1987, the Respiratory Care Practice
Act, the Professional Counselor and Clinical Professional
Counselor Licensing Act, the Illinois Speech-Language
Pathology and Audiology Practice Act, the Veterinary
Medicine and Surgery Practice Act of 2004, and the Illinois
Public Accounting Act;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment

SB3733 Enrolled - 1360 - LRB096 19592 AMC 34984 b
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare and
Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care Ombudsman;
(7) any employee of the State of Illinois not otherwise
specified herein who is involved in providing services to
eligible adults, including professionals providing medical
or rehabilitation services and all other persons having
direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner; or
(9) a person who performs the duties of a paramedic or
an emergency medical technician.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an

SB3733 Enrolled - 1361 - LRB096 19592 AMC 34984 b
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area appointed by the regional
administrative agency with prior approval by the Department on
Aging to receive and assess reports of alleged or suspected
abuse, neglect, or financial exploitation.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated Area Agency on
Aging shall be designated the regional administrative agency if
it so requests. The Department shall assume the functions of
the regional administrative agency for any planning and service
area where another agency is not so designated.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,

SB3733 Enrolled - 1362 - LRB096 19592 AMC 34984 b
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged
or suspected abuse, neglect, financial exploitation, or
self-neglect in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07;
95-876, eff. 8-21-08; 96-339, eff. 7-1-10; 96-526, eff. 1-1-10;
96-572, eff. 1-1-10; revised 9-25-09.)
(320 ILCS 20/3) (from Ch. 23, par. 6603)
Sec. 3. Responsibilities.
(a) The Department shall establish, design and manage a
program of response and services for persons 60 years of age
and older who have been, or are alleged to be, victims of
abuse, neglect, financial exploitation, or self-neglect. The
Department shall contract with or fund or, contract with and
fund, regional administrative agencies, provider agencies, or
both, for the provision of those functions, and, contingent on
adequate funding, with attorneys or legal services provider
agencies for the provision of legal assistance pursuant to this

SB3733 Enrolled - 1363 - LRB096 19592 AMC 34984 b
Act. The program shall include the following services for
eligible adults who have been removed from their residences for
the purpose of cleanup or repairs: temporary housing;
counseling; and caseworker services to try to ensure that the
conditions necessitating the removal do not reoccur.
(b) Each regional administrative agency shall designate
provider agencies within its planning and service area with
prior approval by the Department on Aging, monitor the use of
services, provide technical assistance to the provider
agencies and be involved in program development activities.
(c) Provider agencies shall assist, to the extent possible,
eligible adults who need agency services to allow them to
continue to function independently. Such assistance shall
include but not be limited to receiving reports of alleged or
suspected abuse, neglect, financial exploitation, or
self-neglect, conducting face-to-face assessments of such
reported cases, determination of substantiated cases, referral
of substantiated cases for necessary support services,
referral of criminal conduct to law enforcement in accordance
with Department guidelines, and provision of case work and
follow-up services on substantiated cases. In the case of a
report of alleged or suspected abuse or neglect that places an
eligible adult at risk of injury or death, a provider agency
shall respond to the report on an emergency basis in accordance
with guidelines established by the Department by
administrative rule and shall ensure that it is capable of

SB3733 Enrolled - 1364 - LRB096 19592 AMC 34984 b
responding to such a report 24 hours per day, 7 days per week.
A provider agency may use an on-call system to respond to
reports of alleged or suspected abuse or neglect after hours
and on weekends.
(d) Upon sufficient appropriations to implement a
statewide program, the Department shall implement a program,
based on the recommendations of the Elder Self-Neglect Steering
Committee, for (i) responding to reports of possible
self-neglect, (ii) protecting the autonomy, rights, privacy,
and privileges of adults during investigations of possible
self-neglect and consequential judicial proceedings regarding
competency, (iii) collecting and sharing relevant information
and data among the Department, provider agencies, regional
administrative agencies, and relevant seniors, (iv) developing
working agreements between provider agencies and law
enforcement, where practicable, and (v) developing procedures
for collecting data regarding incidents of self-neglect.
(Source: P.A. 95-76, eff. 6-1-08; 96-526, eff. 1-1-10; 96-572,
eff. 1-1-10; revised 9-25-09.)
(320 ILCS 20/4) (from Ch. 23, par. 6604)
Sec. 4. Reports of abuse or neglect.
(a) Any person who suspects the abuse, neglect, financial
exploitation, or self-neglect of an eligible adult may report
this suspicion to an agency designated to receive such reports
under this Act or to the Department.

SB3733 Enrolled - 1365 - LRB096 19592 AMC 34984 b
(a-5) If any mandated reporter has reason to believe that
an eligible adult, who because of dysfunction is unable to seek
assistance for himself or herself, has, within the previous 12
months, been subjected to abuse, neglect, or financial
exploitation, the mandated reporter shall, within 24 hours
after developing such belief, report this suspicion to an
agency designated to receive such reports under this Act or to
the Department. Whenever a mandated reporter is required to
report under this Act in his or her capacity as a member of the
staff of a medical or other public or private institution,
facility, board and care home, or agency, he or she shall make
a report to an agency designated to receive such reports under
this Act or to the Department in accordance with the provisions
of this Act and may also notify the person in charge of the
institution, facility, board and care home, or agency or his or
her designated agent that the report has been made. Under no
circumstances shall any person in charge of such institution,
facility, board and care home, or agency, or his or her
designated agent to whom the notification has been made,
exercise any control, restraint, modification, or other change
in the report or the forwarding of the report to an agency
designated to receive such reports under this Act or to the
Department. The privileged quality of communication between
any professional person required to report and his or her
patient or client shall not apply to situations involving
abused, neglected, or financially exploited eligible adults

SB3733 Enrolled - 1366 - LRB096 19592 AMC 34984 b
and shall not constitute grounds for failure to report as
required by this Act.
(a-7) A person making a report under this Act in the belief
that it is in the alleged victim's best interest shall be
immune from criminal or civil liability or professional
disciplinary action on account of making the report,
notwithstanding any requirements concerning the
confidentiality of information with respect to such eligible
adult which might otherwise be applicable.
(a-9) Law enforcement officers shall continue to report
incidents of alleged abuse pursuant to the Illinois Domestic
Violence Act of 1986, notwithstanding any requirements under
this Act.
(b) Any person, institution or agency participating in the
making of a report, providing information or records related to
a report, assessment, or services, or participating in the
investigation of a report under this Act in good faith, or
taking photographs or x-rays as a result of an authorized
assessment, shall have immunity from any civil, criminal or
other liability in any civil, criminal or other proceeding
brought in consequence of making such report or assessment or
on account of submitting or otherwise disclosing such
photographs or x-rays to any agency designated to receive
reports of alleged or suspected abuse or neglect. Any person,
institution or agency authorized by the Department to provide
assessment, intervention, or administrative services under

SB3733 Enrolled - 1367 - LRB096 19592 AMC 34984 b
this Act shall, in the good faith performance of those
services, have immunity from any civil, criminal or other
liability in any civil, criminal, or other proceeding brought
as a consequence of the performance of those services. For the
purposes of any civil, criminal, or other proceeding, the good
faith of any person required to report, permitted to report, or
participating in an investigation of a report of alleged or
suspected abuse, neglect, financial exploitation, or
self-neglect shall be presumed.
(c) The identity of a person making a report of alleged or
suspected abuse, neglect, financial exploitation, or
self-neglect under this Act may be disclosed by the Department
or other agency provided for in this Act only with such
person's written consent or by court order.
(d) The Department shall by rule establish a system for
filing and compiling reports made under this Act.
(e) Any physician who willfully fails to report as required
by this Act shall be referred to the Illinois State Medical
Disciplinary Board for action in accordance with subdivision
(A)(22) of Section 22 of the Medical Practice Act of 1987. Any
dentist or dental hygienist who willfully fails to report as
required by this Act shall be referred to the Department of
Professional Regulation for action in accordance with
paragraph 19 of Section 23 of the Illinois Dental Practice Act.
Any optometrist who willfully fails to report as required by
this Act shall be referred to the Department of Financial and

SB3733 Enrolled - 1368 - LRB096 19592 AMC 34984 b
Professional Regulation for action in accordance with
paragraph (15) of subsection (a) of Section 24 of the Illinois
Optometric Practice Act of 1987. Any other mandated reporter
required by this Act to report suspected abuse, neglect, or
financial exploitation who willfully fails to report the same
is guilty of a Class A misdemeanor.
(Source: P.A. 96-378, eff. 1-1-10; 96-526, eff. 1-1-10; revised
10-1-09.)
Section 515. The Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
amended by changing Section 5 as follows:
(320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
Sec. 5. Procedure.
(a) In general. Claims must be filed after January 1, on
forms prescribed by the Department. No claim may be filed more
than one year after December 31 of the year for which the claim
is filed. The pharmaceutical assistance identification card
provided for in subsection (f) of Section 4 shall be valid for
a period determined by the Department of Healthcare and Family
Services.
(b) Claim is Personal. The right to file a claim under this
Act shall be personal to the claimant and shall not survive his
death, but such right may be exercised on behalf of a claimant
by his legal guardian or attorney-in-fact. If a claimant dies

SB3733 Enrolled - 1369 - LRB096 19592 AMC 34984 b
after having filed a timely claim, the amount thereof shall be
disbursed to his surviving spouse or, if no spouse survives, to
his surviving dependent minor children in equal parts, provided
the spouse or child, as the case may be, resided with the
claimant at the time he filed his claim. If at the time of
disbursement neither the claimant nor his spouse is surviving,
and no dependent minor children of the claimant are surviving
the amount of the claim shall escheat to the State.
(c) One claim per household. Only one member of a household
may file a claim under this Act in any calendar year; where
both members of a household are otherwise entitled to claim a
grant under this Act, they must agree as to which of them will
file a claim for that year.
(d) (Blank).
(e) Pharmaceutical Assistance Procedures. The Department
of Healthcare and Family Services shall determine eligibility
for pharmaceutical assistance using the applicant's current
income. The Department shall determine a person's current
income in the manner provided by the Department by rule.
(f) A person may not under any circumstances charge a fee
to a claimant under this Act for assistance in completing an
application form for a property tax relief grant or
pharmaceutical assistance under this Act.
(Source: P.A. 96-491, eff. 8-14-09; 96-804, eff. 1-1-10;
revised 11-24-09.)

SB3733 Enrolled - 1370 - LRB096 19592 AMC 34984 b
Section 520. The Older Adult Services Act is amended by
changing Sections 25 and 30 as follows:
(320 ILCS 42/25)
Sec. 25. Older adult services restructuring. No later than
January 1, 2005, the Department shall commence the process of
restructuring the older adult services delivery system.
Priority shall be given to both the expansion of services and
the development of new services in priority service areas.
Subject to the availability of funding, the restructuring shall
include, but not be limited to, the following:
(1) Planning. The Department on Aging and the Departments
of Public Health and Healthcare and Family Services shall
develop a plan to restructure the State's service delivery
system for older adults pursuant to this Act no later than
September 30, 2010. The plan shall include a schedule for the
implementation of the initiatives outlined in this Act and all
other initiatives identified by the participating agencies to
fulfill the purposes of this Act and shall protect the rights
of all older Illinoisans to services based on their health
circumstances and functioning level, regardless of whether
they receive their care in their homes, in a community setting,
or in a residential facility. Financing for older adult
services shall be based on the principle that "money follows
the individual" taking into account individual preference, but
shall not jeopardize the health, safety, or level of care of

SB3733 Enrolled - 1371 - LRB096 19592 AMC 34984 b
nursing home residents. The plan shall also identify potential
impediments to delivery system restructuring and include any
known regulatory or statutory barriers.
(2) Comprehensive case management. The Department shall
implement a statewide system of holistic comprehensive case
management. The system shall include the identification and
implementation of a universal, comprehensive assessment tool
to be used statewide to determine the level of functional,
cognitive, socialization, and financial needs of older adults.
This tool shall be supported by an electronic intake,
assessment, and care planning system linked to a central
location. "Comprehensive case management" includes services
and coordination such as (i) comprehensive assessment of the
older adult (including the physical, functional, cognitive,
psycho-social, and social needs of the individual); (ii)
development and implementation of a service plan with the older
adult to mobilize the formal and family resources and services
identified in the assessment to meet the needs of the older
adult, including coordination of the resources and services
with any other plans that exist for various formal services,
such as hospital discharge plans, and with the information and
assistance services; (iii) coordination and monitoring of
formal and family service delivery, including coordination and
monitoring to ensure that services specified in the plan are
being provided; (iv) periodic reassessment and revision of the
status of the older adult with the older adult or, if

SB3733 Enrolled - 1372 - LRB096 19592 AMC 34984 b
necessary, the older adult's designated representative; and
(v) in accordance with the wishes of the older adult, advocacy
on behalf of the older adult for needed services or resources.
(3) Coordinated point of entry. The Department shall
implement and publicize a statewide coordinated point of entry
using a uniform name, identity, logo, and toll-free number.
(4) Public web site. The Department shall develop a public
web site that provides links to available services, resources,
and reference materials concerning caregiving, diseases, and
best practices for use by professionals, older adults, and
family caregivers.
(5) Expansion of older adult services. The Department shall
expand older adult services that promote independence and
permit older adults to remain in their own homes and
communities.
(6) Consumer-directed home and community-based services.
The Department shall expand the range of service options
available to permit older adults to exercise maximum choice and
control over their care.
(7) Comprehensive delivery system. The Department shall
expand opportunities for older adults to receive services in
systems that integrate acute and chronic care.
(8) Enhanced transition and follow-up services. The
Department shall implement a program of transition from one
residential setting to another and follow-up services,
regardless of residential setting, pursuant to rules with

SB3733 Enrolled - 1373 - LRB096 19592 AMC 34984 b
respect to (i) resident eligibility, (ii) assessment of the
resident's health, cognitive, social, and financial needs,
(iii) development of transition plans, and (iv) the level of
services that must be available before transitioning a resident
from one setting to another.
(9) Family caregiver support. The Department shall develop
strategies for public and private financing of services that
supplement and support family caregivers.
(10) Quality standards and quality improvement. The
Department shall establish a core set of uniform quality
standards for all providers that focus on outcomes and take
into consideration consumer choice and satisfaction, and the
Department shall require each provider to implement a
continuous quality improvement process to address consumer
issues. The continuous quality improvement process must
benchmark performance, be person-centered and data-driven, and
focus on consumer satisfaction.
(11) Workforce. The Department shall develop strategies to
attract and retain a qualified and stable worker pool, provide
living wages and benefits, and create a work environment that
is conducive to long-term employment and career development.
Resources such as grants, education, and promotion of career
opportunities may be used.
(12) Coordination of services. The Department shall
identify methods to better coordinate service networks to
maximize resources and minimize duplication of services and

SB3733 Enrolled - 1374 - LRB096 19592 AMC 34984 b
ease of application.
(13) Barriers to services. The Department shall identify
barriers to the provision, availability, and accessibility of
services and shall implement a plan to address those barriers.
The plan shall: (i) identify barriers, including but not
limited to, statutory and regulatory complexity, reimbursement
issues, payment issues, and labor force issues; (ii) recommend
changes to State or federal laws or administrative rules or
regulations; (iii) recommend application for federal waivers
to improve efficiency and reduce cost and paperwork; (iv)
develop innovative service delivery models; and (v) recommend
application for federal or private service grants.
(14) Reimbursement and funding. The Department shall
investigate and evaluate costs and payments by defining costs
to implement a uniform, audited provider cost reporting system
to be considered by all Departments in establishing payments.
To the extent possible, multiple cost reporting mandates shall
not be imposed.
(15) Medicaid nursing home cost containment and Medicare
utilization. The Department of Healthcare and Family Services
(formerly Department of Public Aid), in collaboration with the
Department on Aging and the Department of Public Health and in
consultation with the Advisory Committee, shall propose a plan
to contain Medicaid nursing home costs and maximize Medicare
utilization. The plan must not impair the ability of an older
adult to choose among available services. The plan shall

SB3733 Enrolled - 1375 - LRB096 19592 AMC 34984 b
include, but not be limited to, (i) techniques to maximize the
use of the most cost-effective services without sacrificing
quality and (ii) methods to identify and serve older adults in
need of minimal services to remain independent, but who are
likely to develop a need for more extensive services in the
absence of those minimal services.
(16) Bed reduction. The Department of Public Health shall
implement a nursing home conversion program to reduce the
number of Medicaid-certified nursing home beds in areas with
excess beds. The Department of Healthcare and Family Services
shall investigate changes to the Medicaid nursing facility
reimbursement system in order to reduce beds. Such changes may
include, but are not limited to, incentive payments that will
enable facilities to adjust to the restructuring and expansion
of services required by the Older Adult Services Act, including
adjustments for the voluntary closure or layaway of nursing
home beds certified under Title XIX of the federal Social
Security Act. Any savings shall be reallocated to fund
home-based or community-based older adult services pursuant to
Section 20.
(17) Financing. The Department shall investigate and
evaluate financing options for older adult services and shall
make recommendations in the report required by Section 15
concerning the feasibility of these financing arrangements.
These arrangements shall include, but are not limited to:
(A) private long-term care insurance coverage for

SB3733 Enrolled - 1376 - LRB096 19592 AMC 34984 b
older adult services;
(B) enhancement of federal long-term care financing
initiatives;
(C) employer benefit programs such as medical savings
accounts for long-term care;
(D) individual and family cost-sharing options;
(E) strategies to reduce reliance on government
programs;
(F) fraudulent asset divestiture and financial
planning prevention; and
(G) methods to supplement and support family and
community caregiving.
(18) Older Adult Services Demonstration Grants. The
Department shall implement a program of demonstration grants
that will assist in the restructuring of the older adult
services delivery system, and shall provide funding for
innovative service delivery models and system change and
integration initiatives pursuant to subsection (g) of Section
20.
(19) Bed need methodology update. For the purposes of
determining areas with excess beds, the Departments shall
provide information and assistance to the Health Facilities and
Services Review Board to update the Bed Need Methodology for
Long-Term Care to update the assumptions used to establish the
methodology to make them consistent with modern older adult
services.

SB3733 Enrolled - 1377 - LRB096 19592 AMC 34984 b
(20) Affordable housing. The Departments shall utilize the
recommendations of Illinois' Annual Comprehensive Housing
Plan, as developed by the Affordable Housing Task Force through
the Governor's Executive Order 2003-18, in their efforts to
address the affordable housing needs of older adults.
The Older Adult Services Advisory Committee shall
investigate innovative and promising practices operating as
demonstration or pilot projects in Illinois and in other
states. The Department on Aging shall provide the Older Adult
Services Advisory Committee with a list of all demonstration or
pilot projects funded by the Department on Aging, including
those specified by rule, law, policy memorandum, or funding
arrangement. The Committee shall work with the Department on
Aging to evaluate the viability of expanding these programs
into other areas of the State.
(Source: P.A. 96-31, eff. 6-30-09; 96-248, eff. 8-11-09;
revised 9-4-09.)
(320 ILCS 42/30)
Sec. 30. Nursing home conversion program.
(a) The Department of Public Health, in collaboration with
the Department on Aging and the Department of Healthcare and
Family Services, shall establish a nursing home conversion
program. Start-up grants, pursuant to subsections (l) and (m)
of this Section, shall be made available to nursing homes as
appropriations permit as an incentive to reduce certified beds,

SB3733 Enrolled - 1378 - LRB096 19592 AMC 34984 b
retrofit, and retool operations to meet new service delivery
expectations and demands.
(b) Grant moneys shall be made available for capital and
other costs related to: (1) the conversion of all or a part of
a nursing home to an assisted living establishment or a special
program or unit for persons with Alzheimer's disease or related
disorders licensed under the Assisted Living and Shared Housing
Act or a supportive living facility established under Section
5-5.01a of the Illinois Public Aid Code; (2) the conversion of
multi-resident bedrooms in the facility into single-occupancy
rooms; and (3) the development of any of the services
identified in a priority service plan that can be provided by a
nursing home within the confines of a nursing home or
transportation services. Grantees shall be required to provide
a minimum of a 20% match toward the total cost of the project.
(c) Nothing in this Act shall prohibit the co-location of
services or the development of multifunctional centers under
subsection (f) of Section 20, including a nursing home offering
community-based services or a community provider establishing
a residential facility.
(d) A certified nursing home with at least 50% of its
resident population having their care paid for by the Medicaid
program is eligible to apply for a grant under this Section.
(e) Any nursing home receiving a grant under this Section
shall reduce the number of certified nursing home beds by a
number equal to or greater than the number of beds being

SB3733 Enrolled - 1379 - LRB096 19592 AMC 34984 b
converted for one or more of the permitted uses under item (1)
or (2) of subsection (b). The nursing home shall retain the
Certificate of Need for its nursing and sheltered care beds
that were converted for 15 years. If the beds are reinstated by
the provider or its successor in interest, the provider shall
pay to the fund from which the grant was awarded, on an
amortized basis, the amount of the grant. The Department shall
establish, by rule, the bed reduction methodology for nursing
homes that receive a grant pursuant to item (3) of subsection
(b).
(f) Any nursing home receiving a grant under this Section
shall agree that, for a minimum of 10 years after the date that
the grant is awarded, a minimum of 50% of the nursing home's
resident population shall have their care paid for by the
Medicaid program. If the nursing home provider or its successor
in interest ceases to comply with the requirement set forth in
this subsection, the provider shall pay to the fund from which
the grant was awarded, on an amortized basis, the amount of the
grant.
(g) Before awarding grants, the Department of Public Health
shall seek recommendations from the Department on Aging and the
Department of Healthcare and Family Services. The Department of
Public Health shall attempt to balance the distribution of
grants among geographic regions, and among small and large
nursing homes. The Department of Public Health shall develop,
by rule, the criteria for the award of grants based upon the

SB3733 Enrolled - 1380 - LRB096 19592 AMC 34984 b
following factors:
(1) the unique needs of older adults (including those
with moderate and low incomes), caregivers, and providers
in the geographic area of the State the grantee seeks to
serve;
(2) whether the grantee proposes to provide services in
a priority service area;
(3) the extent to which the conversion or transition
will result in the reduction of certified nursing home beds
in an area with excess beds;
(4) the compliance history of the nursing home; and
(5) any other relevant factors identified by the
Department, including standards of need.
(h) A conversion funded in whole or in part by a grant
under this Section must not:
(1) diminish or reduce the quality of services
available to nursing home residents;
(2) force any nursing home resident to involuntarily
accept home-based or community-based services instead of
nursing home services;
(3) diminish or reduce the supply and distribution of
nursing home services in any community below the level of
need, as defined by the Department by rule; or
(4) cause undue hardship on any person who requires
nursing home care.
(i) The Department shall prescribe, by rule, the grant

SB3733 Enrolled - 1381 - LRB096 19592 AMC 34984 b
application process. At a minimum, every application must
include:
(1) the type of grant sought;
(2) a description of the project;
(3) the objective of the project;
(4) the likelihood of the project meeting identified
needs;
(5) the plan for financing, administration, and
evaluation of the project;
(6) the timetable for implementation;
(7) the roles and capabilities of responsible
individuals and organizations;
(8) documentation of collaboration with other service
providers, local community government leaders, and other
stakeholders, other providers, and any other stakeholders
in the community;
(9) documentation of community support for the
project, including support by other service providers,
local community government leaders, and other
stakeholders;
(10) the total budget for the project;
(11) the financial condition of the applicant; and
(12) any other application requirements that may be
established by the Department by rule.
(j) A conversion project funded in whole or in part by a
grant under this Section is exempt from the requirements of the

SB3733 Enrolled - 1382 - LRB096 19592 AMC 34984 b
Illinois Health Facilities Planning Act. The Department of
Public Health, however, shall send to the Health Facilities and
Services Review Board a copy of each grant award made under
this Section.
(k) Applications for grants are public information, except
that nursing home financial condition and any proprietary data
shall be classified as nonpublic data.
(l) The Department of Public Health may award grants from
the Long Term Care Civil Money Penalties Fund established under
Section 1919(h)(2)(A)(ii) of the Social Security Act and 42 CFR
488.422(g) if the award meets federal requirements.
(m) The Nursing Home Conversion Fund is created as a
special fund in the State treasury. Moneys appropriated by the
General Assembly or transferred from other sources for the
purposes of this Section shall be deposited into the Fund. All
interest earned on moneys in the fund shall be credited to the
fund. Moneys contained in the fund shall be used to support the
purposes of this Section.
(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09;
96-758, eff. 8-25-09; revised 10-6-09.)
Section 525. The Early Intervention Services System Act is
amended by changing Section 13.50 as follows:
(325 ILCS 20/13.50)
Sec. 13.50. Early Intervention Legislative Advisory

SB3733 Enrolled - 1383 - LRB096 19592 AMC 34984 b
Committee. No later than 60 days after August 9, 2001 (the
effective date of Public Act 92-307) this amendatory Act of
92nd General Assembly, there shall be convened the Early
Intervention Legislative Advisory Committee. The majority and
minority leaders of the General Assembly shall each appoint 2
members to the Committee. The Committee's term is for a period
of 4 years, and the Committee shall publicly convene no less
than 4 times per year. The Committee's responsibilities shall
include, but not be limited to, providing guidance to the lead
agency regarding programmatic and fiscal management and
accountability, provider development and accountability,
contracting, and program outcome measures. During the life of
the Committee, on a quarterly basis, or more often as the
Committee may request, the lead agency shall provide to the
Committee, and simultaneously to the public, through postings
on the lead agency's early intervention website, quarterly
reports containing monthly data and other early intervention
program information that the Committee requests. The first data
report must be supplied no later than September 21, 2001, and
must include the previous 2 quarters of data.
(Source: P.A. 92-307, eff. 8-9-01; 93-124, eff. 7-10-03;
revised 11-4-09.)
Section 530. The Veterans' Health Insurance Program Act of
2008 is amended by changing Sections 5 and 45 as follows:

SB3733 Enrolled - 1384 - LRB096 19592 AMC 34984 b
(330 ILCS 126/5)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5. Definitions. The following words have the following
meanings:
"Department" means the Department of Healthcare and Family
Services, or any successor agency.
"Director" means the Director of Healthcare and Family
Services, or any successor agency.
"Medical assistance" means health care benefits provided
under Article V of the Illinois Public Aid Code.
"Program" means the Veterans' Health Insurance Program.
"Resident" means an individual who has an Illinois
residence, as provided in Section 5-3 of the Illinois Public
Aid Code.
"Spouse" means the person who is the person who, under the
laws of the State of Illinois, is married to an eligible
veteran at the time of application and subsequent
re-determinations for the Program and includes enrolled
spouses surviving the death of veteran spouses.
"Veteran" means any person who has served in a branch of
the United States military for greater than 180 days after
initial training.
"Veterans Veterans' Affairs" or "VA" means the United
States Department of Veterans Veterans' Affairs.
(Source: P.A. 95-755, eff. 7-25-08; 96-45, eff. 7-15-09;
revised 11-4-09.)

SB3733 Enrolled - 1385 - LRB096 19592 AMC 34984 b
(330 ILCS 126/45)
(Section scheduled to be repealed on January 1, 2012)
Sec. 45. Reporting.
(a) The Department shall prepare an annual report for
submission to the General Assembly. The report shall be due to
the General Assembly by January 1 of each year beginning in
2009. This report shall include information regarding
implementation of the Program, including the number of veterans
or spouses enrolled and any available information regarding
other benefits derived from the Program, including screening
for and acquisition of other veterans' benefits through the
Veterans' Service Officers and the Veterans' Assistance
Commissions. This report may also include recommendations
regarding improvements that may be made to the Program and
regarding the extension of the repeal date set forth in Section
85 of this Act.
(b) The Department shall also arrange for the conducting of
an evaluation regarding the availability of and access to
health care for veterans who are residents of Illinois, taking
into consideration the program established by this Act,
programs and services provided by the U.S. Department of
Veterans Affairs, and programs and services otherwise provided
by and available through other public and private entities. The
evaluation shall determine whether there are limitations or
barriers to care, gaps in service, or other deficits that

SB3733 Enrolled - 1386 - LRB096 19592 AMC 34984 b
should be overcome to ensure that veterans are provided
appropriate and high-quality care. The Department shall report
on the results of this evaluation to the Governor and the
General Assembly by March 1, 2010.
(Source: P.A. 95-755, eff. 7-25-08; 96-45, eff. 7-15-09; 96-82,
eff. 7-27-09; revised 11-3-09.)
Section 535. The Community Services Act is amended by
setting forth and renumbering multiple versions of Section 4.6
as follows:
(405 ILCS 30/4.6)
Sec. 4.6. Closure and sale of State mental health or
developmental disabilities facility.
(a) Whenever a State mental health facility operated by the
Department of Human Services is closed and the real estate on
which the facility is located is sold by the State, then, to
the extent that net proceeds are realized from the sale of that
real estate, those net proceeds must be directed toward
providing other services and supports for persons with mental
health needs. To that end, those net proceeds shall be
deposited into the Community Mental Health Medicaid Trust Fund.
(b) Whenever a State developmental disabilities facility
operated by the Department of Human Services is closed and the
real estate on which the facility is located is sold by the
State, then, to the extent that net proceeds are realized from

SB3733 Enrolled - 1387 - LRB096 19592 AMC 34984 b
the sale of that real estate, those net proceeds must be
directed toward providing other services and supports for
persons with developmental disabilities needs. To that end,
those net proceeds shall be deposited into the Community
Developmental Disability Services Medicaid Trust Fund.
(c) In determining whether any net proceeds are realized
from a sale of real estate described in subsection (a) or (b),
the Division of Developmental Disabilities and the Division of
Mental Health of the Department of Human Services shall each
determine the money, if any, that shall be made available to
ensure that life, safety, and care concerns, including
infrastructure, are addressed so as to provide for persons with
developmental disabilities or mental illness at the remaining
respective State-operated facilities that will be expected to
serve the individuals previously served at the closed facility.
(d) The purposes for which the net proceeds from a sale of
real estate as provided in this Section may be used include,
but are not limited to, the following:
(1) Providing for individuals with developmental
disabilities and mental health needs the services and
supports described in subsection (e) of Section 4.4.
(2) In the case of the closure of a mental health
facility, the construction of a new facility to serve the
needs of persons with mental health needs.
(3) In the case of the closure of a developmental
disabilities facility, construction of a new facility to

SB3733 Enrolled - 1388 - LRB096 19592 AMC 34984 b
serve the needs of persons with developmental disabilities
needs.
(e) Whenever any net proceeds are realized from a sale of
real estate as provided in this Section, the Department of
Human Services shall share and discuss its plan or plans for
using those net proceeds with advocates, advocacy
organizations, and advisory groups whose mission includes
advocacy for persons with developmental disabilities or
persons with mental illness.
(Source: P.A. 96-660, eff. 8-25-09.)
(405 ILCS 30/4.7)
Sec. 4.7 4.6. Children's Healthcare Partnership Pilot
Program. The Department of Human Services shall participate in
the Children's Healthcare Partnership Pilot Program
established under Section 12-4.37 of the Illinois Public Aid
Code and may fund the provision of community services under
this Act in Sangamon County through participation in that pilot
program.
(Source: P.A. 96-691, eff. 8-25-09; revised 10-24-09.)
Section 540. The Vital Records Act is amended by changing
Sections 12 and 18 as follows:
(410 ILCS 535/12)
Sec. 12. Live births; place of registration.

SB3733 Enrolled - 1389 - LRB096 19592 AMC 34984 b
(1) Each live birth which occurs in this State shall be
registered with the local or subregistrar of the district in
which the birth occurred as provided in this Section, within 7
days after the birth. When a birth occurs on a moving
conveyance, the city, village, township, or road district in
which the child is first removed from the conveyance shall be
considered the place of birth and a birth certificate shall be
filed in the registration district in which the place is
located.
(2) When a birth occurs in an institution, the person in
charge of the institution or his designated representative
shall obtain and record all the personal and statistical
particulars relative to the parents of the child that are
required to properly complete the live birth certificate; shall
secure the required personal signatures on the hospital
worksheet; shall prepare the certificate from this worksheet;
and shall file the certificate with the local registrar. The
institution shall retain the hospital worksheet permanently or
as otherwise specified by rule. The physician in attendance
shall verify or provide the date of birth and medical
information required by the certificate, within 24 hours after
the birth occurs.
(3) When a birth occurs outside an institution, the
certificate shall be prepared and filed by one of the following
in the indicated order of priority:
(a) The physician in attendance at or immediately after

SB3733 Enrolled - 1390 - LRB096 19592 AMC 34984 b
the birth, or in the absence of such a person,
(b) Any other person in attendance at or immediately
after the birth, or in the absence of such a person,
(c) The father, the mother, or in the absence of the
father and the inability of the mother, the person in
charge of the premises where the birth occurred.
(4) Unless otherwise provided in this Act, if the mother
was not married to the father of the child at either the time
of conception or the time of birth, the name of the father
shall be entered on the child's birth certificate only if the
mother and the person to be named as the father have signed an
acknowledgment of parentage in accordance with subsection (5).
Unless otherwise provided in this Act, if the mother was
married at the time of conception or birth and the presumed
father (that is, the mother's husband) is not the biological
father of the child, the name of the biological father shall be
entered on the child's birth certificate only if, in accordance
with subsection (5), (i) the mother and the person to be named
as the father have signed an acknowledgment of parentage and
(ii) the mother and presumed father have signed a denial of
paternity.
(5) Upon the birth of a child to an unmarried woman, or
upon the birth of a child to a woman who was married at the time
of conception or birth and whose husband is not the biological
father of the child, the institution at the time of birth and
the local registrar or county clerk after the birth shall do

SB3733 Enrolled - 1391 - LRB096 19592 AMC 34984 b
the following:
(a) Provide (i) an opportunity for the child's mother
and father to sign an acknowledgment of parentage and (ii)
if the presumed father is not the biological father, an
opportunity for the mother and presumed father to sign a
denial of paternity. The signing and witnessing of the
acknowledgment of parentage or, if the presumed father of
the child is not the biological father, the acknowledgment
of parentage and denial of paternity conclusively
establishes a parent and child relationship in accordance
with Sections 5 and 6 of the Illinois Parentage Act of
1984.
The Department of Healthcare and Family Services shall
furnish the acknowledgment of parentage and denial of
paternity form to institutions, county clerks, and State
and local registrars' offices. The form shall include
instructions to send the original signed and witnessed
acknowledgment of parentage and denial of paternity to the
Department of Healthcare and Family Services. The
acknowledgement of paternity and denial of paternity form
shall also include a statement informing the mother, the
alleged father, and the presumed father, if any, that they
have the right to request deoxyribonucleic acid (DNA) tests
regarding the issue of the child's paternity and that by
signing the form, they expressly waive such tests. The
statement shall be set forth in bold-face boldface capital

SB3733 Enrolled - 1392 - LRB096 19592 AMC 34984 b
letters not less than 0.25 inches in height.
(b) Provide the following documents, furnished by the
Department of Healthcare and Family Services, to the
child's mother, biological father, and (if the person
presumed to be the child's father is not the biological
father) presumed father for their review at the time the
opportunity is provided to establish a parent and child
relationship:
(i) An explanation of the implications of,
alternatives to, legal consequences of, and the rights
and responsibilities that arise from signing an
acknowledgment of parentage and, if necessary, a
denial of paternity, including an explanation of the
parental rights and responsibilities of child support,
visitation, custody, retroactive support, health
insurance coverage, and payment of birth expenses.
(ii) An explanation of the benefits of having a
child's parentage established and the availability of
parentage establishment and child support enforcement
services.
(iii) A request for an application for child
support enforcement services from the Department of
Healthcare and Family Services.
(iv) Instructions concerning the opportunity to
speak, either by telephone or in person, with staff of
the Department of Healthcare and Family Services who

SB3733 Enrolled - 1393 - LRB096 19592 AMC 34984 b
are trained to clarify information and answer
questions about paternity establishment.
(v) Instructions for completing and signing the
acknowledgment of parentage and denial of paternity.
(c) Provide an oral explanation of the documents and
instructions set forth in subdivision (5)(b), including an
explanation of the implications of, alternatives to, legal
consequences of, and the rights and responsibilities that
arise from signing an acknowledgment of parentage and, if
necessary, a denial of paternity. The oral explanation may
be given in person or through the use of video or audio
equipment.
(6) The institution, State or local registrar, or county
clerk shall provide an opportunity for the child's father or
mother to sign a rescission of parentage. The signing and
witnessing of the rescission of parentage voids the
acknowledgment of parentage and nullifies the presumption of
paternity if executed and filed with the Department of
Healthcare and Family Services (formerly Illinois Department
of Public Aid) within the time frame contained in Section 5 of
the Illinois Parentage Act of 1984. The Department of
Healthcare and Family Services shall furnish the rescission of
parentage form to institutions, county clerks, and State and
local registrars' offices. The form shall include instructions
to send the original signed and witnessed rescission of
parentage to the Department of Healthcare and Family Services.

SB3733 Enrolled - 1394 - LRB096 19592 AMC 34984 b
(7) An acknowledgment of paternity signed pursuant to
Section 6 of the Illinois Parentage Act of 1984 may be
challenged in court only on the basis of fraud, duress, or
material mistake of fact, with the burden of proof upon the
challenging party. Pending outcome of a challenge to the
acknowledgment of paternity, the legal responsibilities of the
signatories shall remain in full force and effect, except upon
order of the court upon a showing of good cause.
(8) When the process for acknowledgment of parentage as
provided for under subsection (5) establishes the paternity of
a child whose certificate of birth is on file in another state,
the Department of Healthcare and Family Services shall forward
a copy of the acknowledgment of parentage, the denial of
paternity, if applicable, and the rescission of parentage, if
applicable, to the birth record agency of the state where the
child's certificate of birth is on file.
(9) In the event the parent-child relationship has been
established in accordance with subdivision (a)(1) of Section 6
of the Parentage Act of 1984, the names of the biological
mother and biological father so established shall be entered on
the child's birth certificate, and the names of the surrogate
mother and surrogate mother's husband, if any, shall not be on
the birth certificate.
(Source: P.A. 95-331, eff. 8-21-07; 96-333, eff. 8-11-09;
96-474, eff. 8-14-09; revised 9-4-09.)

SB3733 Enrolled - 1395 - LRB096 19592 AMC 34984 b
(410 ILCS 535/18) (from Ch. 111 1/2, par. 73-18)
Sec. 18. (1) Each death which occurs in this State shall be
registered by filing a death certificate with the local
registrar of the district in which the death occurred or the
body was found, within 7 days after such death (within 5 days
if the death occurs prior to January 1, 1989) and prior to
cremation or removal of the body from the State, except when
death is subject to investigation by the coroner or medical
examiner.
(a) For the purposes of this Section, if the place of
death is unknown, a death certificate shall be filed in the
registration district in which a dead body is found, which
shall be considered the place of death.
(b) When a death occurs on a moving conveyance, the
place where the body is first removed from the conveyance
shall be considered the place of death and a death
certificate shall be filed in the registration district in
which such place is located.
(c) The funeral director who first assumes custody of a
dead body shall be responsible for filing a completed death
certificate. He shall obtain the personal data from the
next of kin or the best qualified person or source
available; he shall enter on the certificate the name,
relationship, and address of his informant; he shall enter
the date, place, and method of final disposition; he shall
affix his own signature and enter his address; and shall

SB3733 Enrolled - 1396 - LRB096 19592 AMC 34984 b
present the certificate to the person responsible for
completing the medical certification of cause of death.
(2) The medical certification shall be completed and signed
within 48 hours after death by the physician in charge of the
patient's care for the illness or condition which resulted in
death, except when death is subject to the coroner's or medical
examiner's investigation. In the absence of the physician or
with his approval, the medical certificate may be completed and
signed by his associate physician, the chief medical officer of
the institution in which death occurred or by the physician who
performed an autopsy upon the decedent.
(3) When a death occurs without medical attendance, or when
it is otherwise subject to the coroner's or medical examiner's
investigation, the coroner or medical examiner shall be
responsible for the completion of a coroner's or medical
examiner's certificate of death and shall sign the medical
certification within 48 hours after death, except as provided
by regulation in special problem cases. If the decedent was
under the age of 18 years at the time of his or her death, and
the death was due to injuries suffered as a result of a motor
vehicle backing over a child, or if the death occurred due to
the power window of a motor vehicle, the coroner or medical
examiner must send a copy of the medical certification, with
information documenting that the death was due to a vehicle
backing over the child or that the death was caused by a power
window of a vehicle, to the Department of Children and Family

SB3733 Enrolled - 1397 - LRB096 19592 AMC 34984 b
Services. The Department of Children and Family Services shall
(i) collect this information for use by Child Death Review
Teams and (ii) compile and maintain this information as part of
its Annual Child Death Review Team Report to the General
Assembly.
(3.5) The medical certification of cause of death shall
expressly provide an opportunity for the person completing the
certification to indicate that the death was caused in whole or
in part by a dementia-related disease, Parkinson's Disease, or
Parkinson-Dementia Complex.
(4) When the deceased was a veteran of any war of the
United States, the funeral director shall prepare a
"Certificate of Burial of U. S. War Veteran", as prescribed and
furnished by the Illinois Department of Veterans' Veterans
Affairs, and submit such certificate to the Illinois Department
of Veterans' Veterans Affairs monthly.
(5) When a death is presumed to have occurred in this State
but the body cannot be located, a death certificate may be
prepared by the State Registrar upon receipt of an order of a
court of competent jurisdiction which includes the finding of
facts required to complete the death certificate. Such death
certificate shall be marked "Presumptive" and shall show on its
face the date of the registration and shall identify the court
and the date of the judgment.
(Source: P.A. 93-454, eff. 8-7-03; 94-671, eff. 8-23-05;
revised 11-4-09.)

SB3733 Enrolled - 1398 - LRB096 19592 AMC 34984 b
Section 545. The Environmental Protection Act is amended by
changing Sections 3.330, 4, 22.38, and 42 as follows:
(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
Sec. 3.330. Pollution control facility.
(a) "Pollution control facility" is any waste storage site,
sanitary landfill, waste disposal site, waste transfer
station, waste treatment facility, or waste incinerator. This
includes sewers, sewage treatment plants, and any other
facilities owned or operated by sanitary districts organized
under the Metropolitan Water Reclamation District Act.
The following are not pollution control facilities:
(1) (blank);
(2) waste storage sites regulated under 40 CFR, Part
761.42;
(3) sites or facilities used by any person conducting a
waste storage, waste treatment, waste disposal, waste
transfer or waste incineration operation, or a combination
thereof, for wastes generated by such person's own
activities, when such wastes are stored, treated, disposed
of, transferred or incinerated within the site or facility
owned, controlled or operated by such person, or when such
wastes are transported within or between sites or
facilities owned, controlled or operated by such person;
(4) sites or facilities at which the State is

SB3733 Enrolled - 1399 - LRB096 19592 AMC 34984 b
performing removal or remedial action pursuant to Section
22.2 or 55.3;
(5) abandoned quarries used solely for the disposal of
concrete, earth materials, gravel, or aggregate debris
resulting from road construction activities conducted by a
unit of government or construction activities due to the
construction and installation of underground pipes, lines,
conduit or wires off of the premises of a public utility
company which are conducted by a public utility;
(6) sites or facilities used by any person to
specifically conduct a landscape composting operation;
(7) regional facilities as defined in the Central
Midwest Interstate Low-Level Radioactive Waste Compact;
(8) the portion of a site or facility where coal
combustion wastes are stored or disposed of in accordance
with subdivision (r)(2) or (r)(3) of Section 21;
(9) the portion of a site or facility used for the
collection, storage or processing of waste tires as defined
in Title XIV;
(10) the portion of a site or facility used for
treatment of petroleum contaminated materials by
application onto or incorporation into the soil surface and
any portion of that site or facility used for storage of
petroleum contaminated materials before treatment. Only
those categories of petroleum listed in Section 57.9(a)(3)
are exempt under this subdivision (10);

SB3733 Enrolled - 1400 - LRB096 19592 AMC 34984 b
(11) the portion of a site or facility where used oil
is collected or stored prior to shipment to a recycling or
energy recovery facility, provided that the used oil is
generated by households or commercial establishments, and
the site or facility is a recycling center or a business
where oil or gasoline is sold at retail;
(11.5) processing sites or facilities that receive
only on-specification used oil, as defined in 35 Ill.
Admin. Code 739, originating from used oil collectors for
processing that is managed under 35 Ill. Admin. Code 739 to
produce products for sale to off-site petroleum
facilities, if these processing sites or facilities are:
(i) located within a home rule unit of local government
with a population of at least 30,000 according to the 2000
federal census, that home rule unit of local government has
been designated as an Urban Round II Empowerment Zone by
the United States Department of Housing and Urban
Development, and that home rule unit of local government
has enacted an ordinance approving the location of the site
or facility and provided funding for the site or facility;
and (ii) in compliance with all applicable zoning
requirements;
(12) the portion of a site or facility utilizing coal
combustion waste for stabilization and treatment of only
waste generated on that site or facility when used in
connection with response actions pursuant to the federal

SB3733 Enrolled - 1401 - LRB096 19592 AMC 34984 b
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, the federal Resource Conservation
and Recovery Act of 1976, or the Illinois Environmental
Protection Act or as authorized by the Agency;
(13) the portion of a site or facility accepting
exclusively general construction or demolition debris,
located in a county with a population over 500,000 as of
January 1, 2000, and operated and located in accordance
with Section 22.38 of this Act;
(14) the portion of a site or facility, located within
a unit of local government that has enacted local zoning
requirements, used to accept, separate, and process
uncontaminated broken concrete, with or without protruding
metal bars, provided that the uncontaminated broken
concrete and metal bars are not speculatively accumulated,
are at the site or facility no longer than one year after
their acceptance, and are returned to the economic
mainstream in the form of raw materials or products;
(15) the portion of a site or facility located in a
county with a population over 3,000,000 that has obtained
local siting approval under Section 39.2 of this Act for a
municipal waste incinerator on or before July 1, 2005 and
that is used for a non-hazardous waste transfer station;
(16) a site or facility that temporarily holds in
transit for 10 days or less, non-petruscible solid waste in
original containers, no larger in capacity than 500

SB3733 Enrolled - 1402 - LRB096 19592 AMC 34984 b
gallons, provided that such waste is further transferred to
a recycling, disposal, treatment, or storage facility on a
non-contiguous site and provided such site or facility
complies with the applicable 10-day transfer requirements
of the federal Resource Conservation and Recovery Act of
1976 and United States Department of Transportation
hazardous material requirements. For purposes of this
Section only, "non-petruscible solid waste" means waste
other than municipal garbage that does not rot or become
putrid, including, but not limited to, paints, solvent,
filters, and absorbents;
(17) the portion of a site or facility located in a
county with a population greater than 3,000,000 that has
obtained local siting approval, under Section 39.2 of this
Act, for a municipal waste incinerator on or before July 1,
2005 and that is used for wood combustion facilities for
energy recovery that accept and burn only wood material, as
included in a fuel specification approved by the Agency;
(18) a transfer station used exclusively for landscape
waste, including a transfer station where landscape waste
is ground to reduce its volume, where the landscape waste
is held no longer than 24 hours from the time it was
received; and
(19) the portion of a site or facility that (i) is used
for the composting of food scrap, livestock waste, crop
residue, uncontaminated wood waste, or paper waste,

SB3733 Enrolled - 1403 - LRB096 19592 AMC 34984 b
including, but not limited to, corrugated paper or
cardboard, and (ii) meets all of the following
requirements:
(A) There must not be more than a total of 30,000
cubic yards of livestock waste in raw form or in the
process of being composted at the site or facility at
any one time.
(B) All food scrap, livestock waste, crop residue,
uncontaminated wood waste, and paper waste must, by the
end of each operating day, be processed and placed into
an enclosed vessel in which air flow and temperature
are controlled, or all of the following additional
requirements must be met:
(i) The portion of the site or facility used
for the composting operation must include a
setback of at least 200 feet from the nearest
potable water supply well.
(ii) The portion of the site or facility used
for the composting operation must be located
outside the boundary of the 10-year floodplain or
floodproofed.
(iii) The portion of the site or facility used
for the composting operation must be located at
least one-eighth of a mile from the nearest
residence, other than a residence located on the
same property as the site or facility.

SB3733 Enrolled - 1404 - LRB096 19592 AMC 34984 b
(iv) The portion of the site or facility used
for the composting operation must be located at
least one-eighth of a mile from the property line
of all of the following areas:
(I) Facilities that primarily serve to
house or treat people that are
immunocompromised or immunosuppressed, such as
cancer or AIDS patients; people with asthma,
cystic fibrosis, or bioaerosol allergies; or
children under the age of one year.
(II) Primary and secondary schools and
adjacent areas that the schools use for
recreation.
(III) Any facility for child care licensed
under Section 3 of the Child Care Act of 1969;
preschools; and adjacent areas that the
facilities or preschools use for recreation.
(v) By the end of each operating day, all food
scrap, livestock waste, crop residue,
uncontaminated wood waste, and paper waste must be
(i) processed into windrows or other piles and (ii)
covered in a manner that prevents scavenging by
birds and animals and that prevents other
nuisances.
(C) Food scrap, livestock waste, crop residue,
uncontaminated wood waste, paper waste, and compost

SB3733 Enrolled - 1405 - LRB096 19592 AMC 34984 b
must not be placed within 5 feet of the water table.
(D) The site or facility must meet all of the
requirements of the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.).
(E) The site or facility must not (i) restrict the
flow of a 100-year flood, (ii) result in washout of
food scrap, livestock waste, crop residue,
uncontaminated wood waste, or paper waste from a
100-year flood, or (iii) reduce the temporary water
storage capacity of the 100-year floodplain, unless
measures are undertaken to provide alternative storage
capacity, such as by providing lagoons, holding tanks,
or drainage around structures at the facility.
(F) The site or facility must not be located in any
area where it may pose a threat of harm or destruction
to the features for which:
(i) an irreplaceable historic or
archaeological site has been listed under the
National Historic Preservation Act (16 U.S.C. 470
et seq.) or the Illinois Historic Preservation
Act;
(ii) a natural landmark has been designated by
the National Park Service or the Illinois State
Historic Preservation Office; or
(iii) a natural area has been designated as a
Dedicated Illinois Nature Preserve under the

SB3733 Enrolled - 1406 - LRB096 19592 AMC 34984 b
Illinois Natural Areas Preservation Act.
(G) The site or facility must not be located in an
area where it may jeopardize the continued existence of
any designated endangered species, result in the
destruction or adverse modification of the critical
habitat for such species, or cause or contribute to the
taking of any endangered or threatened species of
plant, fish, or wildlife listed under the Endangered
Species Act (16 U.S.C. 1531 et seq.) or the Illinois
Endangered Species Protection Act.
(b) A new pollution control facility is:
(1) a pollution control facility initially permitted
for development or construction after July 1, 1981; or
(2) the area of expansion beyond the boundary of a
currently permitted pollution control facility; or
(3) a permitted pollution control facility requesting
approval to store, dispose of, transfer or incinerate, for
the first time, any special or hazardous waste.
(Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08;
95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff.
8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; revised
10-1-09.)
(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
Sec. 4. Environmental Protection Agency; establishment;
duties.

SB3733 Enrolled - 1407 - LRB096 19592 AMC 34984 b
(a) There is established in the Executive Branch of the
State Government an agency to be known as the Environmental
Protection Agency. This Agency shall be under the supervision
and direction of a Director who shall be appointed by the
Governor with the advice and consent of the Senate. The term of
office of the Director shall expire on the third Monday of
January in odd numbered years, provided that he or she shall
hold office until a successor is appointed and has qualified.
The Director shall receive an annual salary as set by the
Compensation Review Board. The Director, in accord with the
Personnel Code, shall employ and direct such personnel, and
shall provide for such laboratory and other facilities, as may
be necessary to carry out the purposes of this Act. In
addition, the Director may by agreement secure such services as
he or she may deem necessary from any other department, agency,
or unit of the State Government, and may employ and compensate
such consultants and technical assistants as may be required.
(b) The Agency shall have the duty to collect and
disseminate such information, acquire such technical data, and
conduct such experiments as may be required to carry out the
purposes of this Act, including ascertainment of the quantity
and nature of discharges from any contaminant source and data
on those sources, and to operate and arrange for the operation
of devices for the monitoring of environmental quality.
(c) The Agency shall have authority to conduct a program of
continuing surveillance and of regular or periodic inspection

SB3733 Enrolled - 1408 - LRB096 19592 AMC 34984 b
of actual or potential contaminant or noise sources, of public
water supplies, and of refuse disposal sites.
(d) In accordance with constitutional limitations, the
Agency shall have authority to enter at all reasonable times
upon any private or public property for the purpose of:
(1) Inspecting and investigating to ascertain possible
violations of this Act, any rule or regulation adopted
under this Act, any permit or term or condition of a
permit, or any Board order; or
(2) In accordance with the provisions of this Act,
taking whatever preventive or corrective action, including
but not limited to removal or remedial action, that is
necessary or appropriate whenever there is a release or a
substantial threat of a release of (A) a hazardous
substance or pesticide or (B) petroleum from an underground
storage tank.
(e) The Agency shall have the duty to investigate
violations of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order; to issue administrative citations as provided in
Section 31.1 of this Act; and to take such summary enforcement
action as is provided for by Section 34 of this Act.
(f) The Agency shall appear before the Board in any hearing
upon a petition for variance, the denial of a permit, or the
validity or effect of a rule or regulation of the Board, and
shall have the authority to appear before the Board in any

SB3733 Enrolled - 1409 - LRB096 19592 AMC 34984 b
hearing under the Act.
(g) The Agency shall have the duty to administer, in accord
with Title X of this Act, such permit and certification systems
as may be established by this Act or by regulations adopted
thereunder. The Agency may enter into written delegation
agreements with any department, agency, or unit of State or
local government under which all or portions of this duty may
be delegated for public water supply storage and transport
systems, sewage collection and transport systems, air
pollution control sources with uncontrolled emissions of 100
tons per year or less and application of algicides to waters of
the State. Such delegation agreements will require that the
work to be performed thereunder will be in accordance with
Agency criteria, subject to Agency review, and shall include
such financial and program auditing by the Agency as may be
required.
(h) The Agency shall have authority to require the
submission of complete plans and specifications from any
applicant for a permit required by this Act or by regulations
thereunder, and to require the submission of such reports
regarding actual or potential violations of this Act, any rule
or regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order, as may be necessary
for the purposes of this Act.
(i) The Agency shall have authority to make recommendations
to the Board for the adoption of regulations under Title VII of

SB3733 Enrolled - 1410 - LRB096 19592 AMC 34984 b
the Act.
(j) The Agency shall have the duty to represent the State
of Illinois in any and all matters pertaining to plans,
procedures, or negotiations for interstate compacts or other
governmental arrangements relating to environmental
protection.
(k) The Agency shall have the authority to accept, receive,
and administer on behalf of the State any grants, gifts, loans,
indirect cost reimbursements, or other funds made available to
the State from any source for purposes of this Act or for air
or water pollution control, public water supply, solid waste
disposal, noise abatement, or other environmental protection
activities, surveys, or programs. Any federal funds received by
the Agency pursuant to this subsection shall be deposited in a
trust fund with the State Treasurer and held and disbursed by
him in accordance with Treasurer as Custodian of Funds Act,
provided that such monies shall be used only for the purposes
for which they are contributed and any balance remaining shall
be returned to the contributor.
The Agency is authorized to promulgate such regulations and
enter into such contracts as it may deem necessary for carrying
out the provisions of this subsection.
(l) The Agency is hereby designated as water pollution
agency for the state for all purposes of the Federal Water
Pollution Control Act, as amended; as implementing agency for
the State for all purposes of the Safe Drinking Water Act,

SB3733 Enrolled - 1411 - LRB096 19592 AMC 34984 b
Public Law 93-523, as now or hereafter amended, except Section
1425 of that Act; as air pollution agency for the state for all
purposes of the Clean Air Act of 1970, Public Law 91-604,
approved December 31, 1970, as amended; and as solid waste
agency for the state for all purposes of the Solid Waste
Disposal Act, Public Law 89-272, approved October 20, 1965, and
amended by the Resource Recovery Act of 1970, Public Law
91-512, approved October 26, 1970, as amended, and amended by
the Resource Conservation and Recovery Act of 1976, (P.L.
94-580) approved October 21, 1976, as amended; as noise control
agency for the state for all purposes of the Noise Control Act
of 1972, Public Law 92-574, approved October 27, 1972, as
amended; and as implementing agency for the State for all
purposes of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (P.L. 96-510), as
amended; and otherwise as pollution control agency for the
State pursuant to federal laws integrated with the foregoing
laws, for financing purposes or otherwise. The Agency is hereby
authorized to take all action necessary or appropriate to
secure to the State the benefits of such federal Acts, provided
that the Agency shall transmit to the United States without
change any standards adopted by the Pollution Control Board
pursuant to Section 5(c) of this Act. This subsection (l) of
Section 4 shall not be construed to bar or prohibit the
Environmental Protection Trust Fund Commission from accepting,
receiving, and administering on behalf of the State any grants,

SB3733 Enrolled - 1412 - LRB096 19592 AMC 34984 b
gifts, loans or other funds for which the Commission is
eligible pursuant to the Environmental Protection Trust Fund
Act. The Agency is hereby designated as the State agency for
all purposes of administering the requirements of Section 313
of the federal Emergency Planning and Community Right-to-Know
Act of 1986.
Any municipality, sanitary district, or other political
subdivision, or any Agency of the State or interstate Agency,
which makes application for loans or grants under such federal
Acts shall notify the Agency of such application; the Agency
may participate in proceedings under such federal Acts.
(m) The Agency shall have authority, consistent with
Section 5(c) and other provisions of this Act, and for purposes
of Section 303(e) of the Federal Water Pollution Control Act,
as now or hereafter amended, to engage in planning processes
and activities and to develop plans in cooperation with units
of local government, state agencies and officers, and other
appropriate persons in connection with the jurisdiction or
duties of each such unit, agency, officer or person. Public
hearings shall be held on the planning process, at which any
person shall be permitted to appear and be heard, pursuant to
procedural regulations promulgated by the Agency.
(n) In accordance with the powers conferred upon the Agency
by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the
Agency shall have authority to establish and enforce minimum
standards for the operation of laboratories relating to

SB3733 Enrolled - 1413 - LRB096 19592 AMC 34984 b
analyses and laboratory tests for air pollution, water
pollution, noise emissions, contaminant discharges onto land
and sanitary, chemical, and mineral quality of water
distributed by a public water supply. The Agency may enter into
formal working agreements with other departments or agencies of
state government under which all or portions of this authority
may be delegated to the cooperating department or agency.
(o) The Agency shall have the authority to issue
certificates of competency to persons and laboratories meeting
the minimum standards established by the Agency in accordance
with Section 4(n) of this Act and to promulgate and enforce
regulations relevant to the issuance and use of such
certificates. The Agency may enter into formal working
agreements with other departments or agencies of state
government under which all or portions of this authority may be
delegated to the cooperating department or agency.
(p) Except as provided in Section 17.7, the Agency shall
have the duty to analyze samples as required from each public
water supply to determine compliance with the contaminant
levels specified by the Pollution Control Board. The maximum
number of samples which the Agency shall be required to analyze
for microbiological quality shall be 6 per month, but the
Agency may, at its option, analyze a larger number each month
for any supply. Results of sample analyses for additional
required bacteriological testing, turbidity, residual chlorine
and radionuclides are to be provided to the Agency in

SB3733 Enrolled - 1414 - LRB096 19592 AMC 34984 b
accordance with Section 19. Owners of water supplies may enter
into agreements with the Agency to provide for reduced Agency
participation in sample analyses.
(q) The Agency shall have the authority to provide notice
to any person who may be liable pursuant to Section 22.2(f) of
this Act for a release or a substantial threat of a release of
a hazardous substance or pesticide. Such notice shall include
the identified response action and an opportunity for such
person to perform the response action.
(r) The Agency may enter into written delegation agreements
with any unit of local government under which it may delegate
all or portions of its inspecting, investigating and
enforcement functions. Such delegation agreements shall
require that work performed thereunder be in accordance with
Agency criteria and subject to Agency review. Notwithstanding
any other provision of law to the contrary, no unit of local
government shall be liable for any injury resulting from the
exercise of its authority pursuant to such a delegation
agreement unless the injury is proximately caused by the
willful and wanton negligence of an agent or employee of the
unit of local government, and any policy of insurance coverage
issued to a unit of local government may provide for the denial
of liability and the nonpayment of claims based upon injuries
for which the unit of local government is not liable pursuant
to this subsection (r).
(s) The Agency shall have authority to take whatever

SB3733 Enrolled - 1415 - LRB096 19592 AMC 34984 b
preventive or corrective action is necessary or appropriate,
including but not limited to expenditure of monies appropriated
from the Build Illinois Bond Fund and the Build Illinois
Purposes Fund for removal or remedial action, whenever any
hazardous substance or pesticide is released or there is a
substantial threat of such a release into the environment. The
State, the Director, and any State employee shall be
indemnified for any damages or injury arising out of or
resulting from any action taken under this subsection. The
Director of the Agency is authorized to enter into such
contracts and agreements as are necessary to carry out the
Agency's duties under this subsection.
(t) The Agency shall have authority to distribute grants,
subject to appropriation by the General Assembly, to units of
local government for financing and construction of wastewater
facilities in both incorporated and unincorporated areas. With
respect to all monies appropriated from the Build Illinois Bond
Fund and the Build Illinois Purposes Fund for wastewater
facility grants, the Agency shall make distributions in
conformity with the rules and regulations established pursuant
to the Anti-Pollution Bond Act, as now or hereafter amended.
(u) Pursuant to the Illinois Administrative Procedure Act,
the Agency shall have the authority to adopt such rules as are
necessary or appropriate for the Agency to implement Section
31.1 of this Act.
(v) (Blank.)

SB3733 Enrolled - 1416 - LRB096 19592 AMC 34984 b
(w) Neither the State, nor the Director, nor the Board, nor
any State employee shall be liable for any damages or injury
arising out of or resulting from any action taken under
subsection (s).
(x)(1) The Agency shall have authority to distribute
grants, subject to appropriation by the General Assembly,
to units of local government for financing and construction
of public water supply facilities. With respect to all
monies appropriated from the Build Illinois Bond Fund or
the Build Illinois Purposes Fund for public water supply
grants, such grants shall be made in accordance with rules
promulgated by the Agency. Such rules shall include a
requirement for a local match of 30% of the total project
cost for projects funded through such grants.
(2) The Agency shall not terminate a grant to a unit of
local government for the financing and construction of
public water supply facilities unless and until the Agency
adopts rules that set forth precise and complete standards,
pursuant to Section 5-20 of the Illinois Administrative
Procedure Act, for the termination of such grants. The
Agency shall not make determinations on whether specific
grant conditions are necessary to ensure the integrity of a
project or on whether subagreements shall be awarded, with
respect to grants for the financing and construction of
public water supply facilities, unless and until the Agency
adopts rules that set forth precise and complete standards,

SB3733 Enrolled - 1417 - LRB096 19592 AMC 34984 b
pursuant to Section 5-20 of the Illinois Administrative
Procedure Act, for making such determinations. The Agency
shall not issue a stop-work order in relation to such
grants unless and until the Agency adopts precise and
complete standards, pursuant to Section 5-20 of the
Illinois Administrative Procedure Act, for determining
whether to issue a stop-work order.
(y) The Agency shall have authority to release any person
from further responsibility for preventive or corrective
action under this Act following successful completion of
preventive or corrective action undertaken by such person upon
written request by the person.
(z) To the extent permitted by any applicable federal law
or regulation, for all work performed for State construction
projects which are funded in whole or in part by a capital
infrastructure bill enacted by the 96th General Assembly by
sums appropriated to the Environmental Protection Agency, at
least 50% of the total labor hours must be performed by actual
residents of the State of Illinois. For purposes of this
subsection, "actual residents of the State of Illinois" means
persons domiciled in the State of Illinois. The Department of
Labor shall promulgate rules providing for the enforcement of
this subsection.
(Source: P.A. 96-37, eff. 7-13-09; 96-503, eff. 8-14-09;
96-800, eff. 10-30-09; revised 11-23-09.)

SB3733 Enrolled - 1418 - LRB096 19592 AMC 34984 b
(415 ILCS 5/22.38)
Sec. 22.38. Facilities accepting exclusively general
construction or demolition debris for transfer, storage, or
treatment.
(a) Facilities accepting exclusively general construction
or demolition debris for transfer, storage, or treatment shall
be subject to local zoning, ordinance, and land use
requirements. Those facilities shall be located in accordance
with local zoning requirements or, in the absence of local
zoning requirements, shall be located so that no part of the
facility boundary is closer than 1,320 feet from the nearest
property zoned for primarily residential use.
(b) An owner or operator of a facility accepting
exclusively general construction or demolition debris for
transfer, storage, or treatment shall:
(1) Within 48 hours of receipt of the general
construction or demolition debris at the facility, sort the
general construction or demolition debris to separate the
recyclable general construction or demolition debris and
recovered wood that is processed for use as fuel from
non-recyclable general construction or demolition debris
to be disposed of or discarded.
(2) Transport off site for disposal all non-recyclable
general construction or demolition debris that is neither
recyclable general construction or demolition debris nor
recovered wood that is processed for use as fuel in

SB3733 Enrolled - 1419 - LRB096 19592 AMC 34984 b
accordance with all applicable federal, State, and local
requirements within 72 hours of its receipt at the
facility.
(3) Limit the percentage of incoming non-recyclable
general construction or demolition debris to 25% or less of
the total incoming general construction or demolition
debris, as calculated on a daily basis, so that 75% or more
of the general construction or demolition debris accepted
on a daily basis consists of recyclable general
construction or demolition debris, recovered wood that is
processed for use as fuel, or both.
(4) Transport all non-putrescible recyclable general
construction or demolition debris for recycling or
disposal within 6 months of its receipt at the facility.
(5) Within within 45 days of its receipt at the
facility, transport Transport (i) all putrescible or
combustible recyclable general construction or demolition
debris (excluding recovered wood that is processed for use
as fuel) for recycling or disposal; and (ii) all recovered
wood that is processed for use as fuel to an intermediate
processing facility for sizing, to a combustion facility
for use as fuel, or to a disposal facility;.
(6) Employ tagging and recordkeeping procedures to (i)
demonstrate compliance with this Section and (ii) identify
the source and transporter of material accepted by the
facility.

SB3733 Enrolled - 1420 - LRB096 19592 AMC 34984 b
(7) Control odor, noise, combustion of materials,
disease vectors, dust, and litter.
(8) Control, manage, and dispose of any storm water
runoff and leachate generated at the facility in accordance
with applicable federal, State, and local requirements.
(9) Control access to the facility.
(10) Comply with all applicable federal, State, or
local requirements for the handling, storage,
transportation, or disposal of asbestos-containing
material or other material accepted at the facility that is
not general construction or demolition debris.
(11) Prior to August 24, 2009 (the effective date of
Public Act 96-611) this amendatory Act of the 96th General
Assembly, submit to the Agency at least 30 days prior to
the initial acceptance of general construction or
demolition debris at the facility, on forms provided by the
Agency, the following information:
(A) the name, address, and telephone number of both
the facility owner and operator;
(B) the street address and location of the
facility;
(C) a description of facility operations;
(D) a description of the tagging and recordkeeping
procedures the facility will employ to (i) demonstrate
compliance with this Section and (ii) identify the
source and transporter of any material accepted by the

SB3733 Enrolled - 1421 - LRB096 19592 AMC 34984 b
facility;
(E) the name and location of the disposal sites to
be used for the disposal of any general construction or
demolition debris received at the facility that must be
disposed of;
(F) the name and location of an individual,
facility, or business to which recyclable materials
will be transported;
(G) the name and location of intermediate
processing facilities or combustion facilities to
which recovered wood that is processed for use as fuel
will be transported; and
(H) other information as specified on the form
provided by the Agency.
(12) On or after August 24, 2009 (the effective date of
Public Act 96-611) this amendatory Act of the 96th General
Assembly, obtain a permit issued by the Agency prior to the
initial acceptance of general construction or demolition
debris at the facility.
When any of the information contained or processes
described in the initial notification form submitted to the
Agency changes, the owner and operator shall submit an
updated form within 14 days of the change.
(c) For purposes of this Section, the term "recyclable
general construction or demolition debris" means general
construction or demolition debris that has been rendered

SB3733 Enrolled - 1422 - LRB096 19592 AMC 34984 b
reusable and is reused or that would otherwise be disposed of
or discarded but is collected, separated, or processed and
returned to the economic mainstream in the form of raw
materials or products. "Recyclable general construction or
demolition debris" does not include general construction or
demolition debris processed for use as fuel, incinerated,
burned, buried, or otherwise used as fill material.
(d) For purposes of this Section, "treatment" means
processing designed to alter the physical nature of the general
construction or demolition debris, including but not limited to
size reduction, crushing, grinding, or homogenization, but
does not include processing designed to change the chemical
nature of the general construction or demolition debris.
(e) For purposes of this Section, "recovered wood that is
processed for use as fuel" means wood that has been salvaged
from general construction or demolition debris and processed
for use as fuel, as authorized by the applicable state or
federal environmental regulatory authority, and supplied only
to intermediate processing facilities for sizing, or to
combustion facilities for use as fuel, that have obtained all
necessary waste management and air permits for handling and
combustion of the fuel.
(f) For purposes of this Section, "non-recyclable general
construction or demolition debris" does not include "recovered
wood that is processed for use as fuel".
(g) Recyclable general construction or demolition debris

SB3733 Enrolled - 1423 - LRB096 19592 AMC 34984 b
or recovered wood that is processed for use as fuel that is
sent for disposal at the end of the applicable retention period
shall not be considered as meeting the 75% diversion
requirement for purposes of subdivision (b)(3) of this Section.
(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09;
revised 9-15-09.)
(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
Sec. 42. Civil penalties.
(a) Except as provided in this Section, any person that
violates any provision of this Act or any regulation adopted by
the Board, or any permit or term or condition thereof, or that
violates any order of the Board pursuant to this Act, shall be
liable for a civil penalty of not to exceed $50,000 for the
violation and an additional civil penalty of not to exceed
$10,000 for each day during which the violation continues; such
penalties may, upon order of the Board or a court of competent
jurisdiction, be made payable to the Environmental Protection
Trust Fund, to be used in accordance with the provisions of the
Environmental Protection Trust Fund Act.
(b) Notwithstanding the provisions of subsection (a) of
this Section:
(1) Any person that violates Section 12(f) of this Act
or any NPDES permit or term or condition thereof, or any
filing requirement, regulation or order relating to the
NPDES permit program, shall be liable to a civil penalty of

SB3733 Enrolled - 1424 - LRB096 19592 AMC 34984 b
not to exceed $10,000 per day of violation.
(2) Any person that violates Section 12(g) of this Act
or any UIC permit or term or condition thereof, or any
filing requirement, regulation or order relating to the
State UIC program for all wells, except Class II wells as
defined by the Board under this Act, shall be liable to a
civil penalty not to exceed $2,500 per day of violation;
provided, however, that any person who commits such
violations relating to the State UIC program for Class II
wells, as defined by the Board under this Act, shall be
liable to a civil penalty of not to exceed $10,000 for the
violation and an additional civil penalty of not to exceed
$1,000 for each day during which the violation continues.
(3) Any person that violates Sections 21(f), 21(g),
21(h) or 21(i) of this Act, or any RCRA permit or term or
condition thereof, or any filing requirement, regulation
or order relating to the State RCRA program, shall be
liable to a civil penalty of not to exceed $25,000 per day
of violation.
(4) In an administrative citation action under Section
31.1 of this Act, any person found to have violated any
provision of subsection (o) of Section 21 of this Act shall
pay a civil penalty of $500 for each violation of each such
provision, plus any hearing costs incurred by the Board and
the Agency. Such penalties shall be made payable to the
Environmental Protection Trust Fund, to be used in

SB3733 Enrolled - 1425 - LRB096 19592 AMC 34984 b
accordance with the provisions of the Environmental
Protection Trust Fund Act; except that if a unit of local
government issued the administrative citation, 50% of the
civil penalty shall be payable to the unit of local
government.
(4-5) In an administrative citation action under
Section 31.1 of this Act, any person found to have violated
any provision of subsection (p) of Section 21 or subsection
(k) of Section 55 of this Act shall pay a civil penalty of
$1,500 for each violation of each such provision, plus any
hearing costs incurred by the Board and the Agency, except
that the civil penalty amount shall be $3,000 for each
violation of any provision of subsection (p) of Section 21
or subsection (k) of Section 55 that is the person's second
or subsequent adjudication violation of that provision.
The penalties shall be deposited into the Environmental
Protection Trust Fund, to be used in accordance with the
provisions of the Environmental Protection Trust Fund Act;
except that if a unit of local government issued the
administrative citation, 50% of the civil penalty shall be
payable to the unit of local government.
(5) Any person who violates subsection 6 of Section
39.5 of this Act or any CAAPP permit, or term or condition
thereof, or any fee or filing requirement, or any duty to
allow or carry out inspection, entry or monitoring
activities, or any regulation or order relating to the

SB3733 Enrolled - 1426 - LRB096 19592 AMC 34984 b
CAAPP shall be liable for a civil penalty not to exceed
$10,000 per day of violation.
(6) Any owner or operator of a community water system
that violates subsection (b) of Section 18.1 or subsection
(a) of Section 25d-3 of this Act shall, for each day of
violation, be liable for a civil penalty not to exceed $5
for each of the premises connected to the affected
community water system.
(b.5) In lieu of the penalties set forth in subsections (a)
and (b) of this Section, any person who fails to file, in a
timely manner, toxic chemical release forms with the Agency
pursuant to Section 25b-2 of this Act shall be liable for a
civil penalty of $100 per day for each day the forms are late,
not to exceed a maximum total penalty of $6,000. This daily
penalty shall begin accruing on the thirty-first day after the
date that the person receives the warning notice issued by the
Agency pursuant to Section 25b-6 of this Act; and the penalty
shall be paid to the Agency. The daily accrual of penalties
shall cease as of January 1 of the following year. All
penalties collected by the Agency pursuant to this subsection
shall be deposited into the Environmental Protection Permit and
Inspection Fund.
(c) Any person that violates this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order and causes the death
of fish or aquatic life shall, in addition to the other

SB3733 Enrolled - 1427 - LRB096 19592 AMC 34984 b
penalties provided by this Act, be liable to pay to the State
an additional sum for the reasonable value of the fish or
aquatic life destroyed. Any money so recovered shall be placed
in the Wildlife and Fish Fund in the State Treasury.
(d) The penalties provided for in this Section may be
recovered in a civil action.
(e) The State's Attorney of the county in which the
violation occurred, or the Attorney General, may, at the
request of the Agency or on his own motion, institute a civil
action for an injunction, prohibitory or mandatory, to restrain
violations of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order, or to require such other actions as may be
necessary to address violations of this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order.
(f) The State's Attorney of the county in which the
violation occurred, or the Attorney General, shall bring such
actions in the name of the people of the State of Illinois.
Without limiting any other authority which may exist for the
awarding of attorney's fees and costs, the Board or a court of
competent jurisdiction may award costs and reasonable
attorney's fees, including the reasonable costs of expert
witnesses and consultants, to the State's Attorney or the
Attorney General in a case where he has prevailed against a
person who has committed a wilful, knowing or repeated

SB3733 Enrolled - 1428 - LRB096 19592 AMC 34984 b
violation of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order.
Any funds collected under this subsection (f) in which the
Attorney General has prevailed shall be deposited in the
Hazardous Waste Fund created in Section 22.2 of this Act. Any
funds collected under this subsection (f) in which a State's
Attorney has prevailed shall be retained by the county in which
he serves.
(g) All final orders imposing civil penalties pursuant to
this Section shall prescribe the time for payment of such
penalties. If any such penalty is not paid within the time
prescribed, interest on such penalty at the rate set forth in
subsection (a) of Section 1003 of the Illinois Income Tax Act,
shall be paid for the period from the date payment is due until
the date payment is received. However, if the time for payment
is stayed during the pendency of an appeal, interest shall not
accrue during such stay.
(h) In determining the appropriate civil penalty to be
imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
(b)(5) of this Section, the Board is authorized to consider any
matters of record in mitigation or aggravation of penalty,
including but not limited to the following factors:
(1) the duration and gravity of the violation;
(2) the presence or absence of due diligence on the
part of the respondent in attempting to comply with

SB3733 Enrolled - 1429 - LRB096 19592 AMC 34984 b
requirements of this Act and regulations thereunder or to
secure relief therefrom as provided by this Act;
(3) any economic benefits accrued by the respondent
because of delay in compliance with requirements, in which
case the economic benefits shall be determined by the
lowest cost alternative for achieving compliance;
(4) the amount of monetary penalty which will serve to
deter further violations by the respondent and to otherwise
aid in enhancing voluntary compliance with this Act by the
respondent and other persons similarly subject to the Act;
(5) the number, proximity in time, and gravity of
previously adjudicated violations of this Act by the
respondent;
(6) whether the respondent voluntarily self-disclosed,
in accordance with subsection (i) of this Section, the
non-compliance to the Agency; and
(7) whether the respondent has agreed to undertake a
"supplemental environmental project," which means an
environmentally beneficial project that a respondent
agrees to undertake in settlement of an enforcement action
brought under this Act, but which the respondent is not
otherwise legally required to perform.
In determining the appropriate civil penalty to be imposed
under subsection (a) or paragraph (1), (2), (3), or (5) of
subsection (b) of this Section, the Board shall ensure, in all
cases, that the penalty is at least as great as the economic

SB3733 Enrolled - 1430 - LRB096 19592 AMC 34984 b
benefits, if any, accrued by the respondent as a result of the
violation, unless the Board finds that imposition of such
penalty would result in an arbitrary or unreasonable financial
hardship. However, such civil penalty may be off-set in whole
or in part pursuant to a supplemental environmental project
agreed to by the complainant and the respondent.
(i) A person who voluntarily self-discloses non-compliance
to the Agency, of which the Agency had been unaware, is
entitled to a 100% reduction in the portion of the penalty that
is not based on the economic benefit of non-compliance if the
person can establish the following:
(1) that the non-compliance was discovered through an
environmental audit or a compliance management system
documented by the regulated entity as reflecting the
regulated entity's due diligence in preventing, detecting,
and correcting violations;
(2) that the non-compliance was disclosed in writing
within 30 days of the date on which the person discovered
it;
(3) that the non-compliance was discovered and
disclosed prior to:
(i) the commencement of an Agency inspection,
investigation, or request for information;
(ii) notice of a citizen suit;
(iii) the filing of a complaint by a citizen, the
Illinois Attorney General, or the State's Attorney of

SB3733 Enrolled - 1431 - LRB096 19592 AMC 34984 b
the county in which the violation occurred;
(iv) the reporting of the non-compliance by an
employee of the person without that person's
knowledge; or
(v) imminent discovery of the non-compliance by
the Agency;
(4) that the non-compliance is being corrected and any
environmental harm is being remediated in a timely fashion;
(5) that the person agrees to prevent a recurrence of
the non-compliance;
(6) that no related non-compliance events have
occurred in the past 3 years at the same facility or in the
past 5 years as part of a pattern at multiple facilities
owned or operated by the person;
(7) that the non-compliance did not result in serious
actual harm or present an imminent and substantial
endangerment to human health or the environment or violate
the specific terms of any judicial or administrative order
or consent agreement;
(8) that the person cooperates as reasonably requested
by the Agency after the disclosure; and
(9) that the non-compliance was identified voluntarily
and not through a monitoring, sampling, or auditing
procedure that is required by statute, rule, permit,
judicial or administrative order, or consent agreement.
If a person can establish all of the elements under this

SB3733 Enrolled - 1432 - LRB096 19592 AMC 34984 b
subsection except the element set forth in paragraph (1) of
this subsection, the person is entitled to a 75% reduction in
the portion of the penalty that is not based upon the economic
benefit of non-compliance.
(j) In addition to an other remedy or penalty that may
apply, whether civil or criminal, any person who violates
Section 22.52 of this Act shall be liable for an additional
civil penalty of up to 3 times the gross amount of any
pecuniary gain resulting from the violation.
(Source: P.A. 95-331, eff. 8-21-07; 96-603, eff. 8-24-09;
96-737, eff. 8-25-09; revised 9-15-09.)
Section 550. The Lawn Care Products Application and Notice
Act is amended by changing Section 6 as follows:
(415 ILCS 65/6) (from Ch. 5, par. 856)
Sec. 6. This Act shall be administered and enforced by the
Department. The Department may promulgate rules and
regulations as necessary for the enforcement of this Act. The
Department of Public Health must inform school boards and the
owners and operators of day care centers about the provisions
of this Act that are applicable to school districts and day
care centers, and it must inform school boards about the
requirements contained in Sections 10-20.49 subdivisions
10-20.46 and 34-18.40 34-18.37 of the School Code. The
Department of Public Health must recommend that day care

SB3733 Enrolled - 1433 - LRB096 19592 AMC 34984 b
centers and schools use a pesticide-free turf care program to
maintain their turf. The Department of Public Health must also
report violations of this Act of which it becomes aware to the
Department for enforcement.
(Source: P.A. 96-424, eff. 8-13-09; revised 10-21-09.)
Section 555. The Alternate Fuels Act is amended by setting
forth and renumbering multiple versions of Section 23 as
follows:
(415 ILCS 120/23)
(Section scheduled to be repealed on January 1, 2012)
Sec. 23. Alternate Fuels Commission.
(a) The Alternate Fuels Commission is established within
the Department of Commerce and Economic Opportunity. The
Commission shall investigate and recommend strategies that the
Governor and the General Assembly may implement to promote the
use of alternate fuels and biodiesel fuels and to encourage the
use of vehicles that utilize alternate fuels and biodiesel
fuels. The Commission shall also identify mechanisms that
promote research into alternate fuels and biodiesel fuels.
(b) The Commission shall identify mechanisms that promote
effective communication and coordination of efforts between
this State and local governments, private industry, and
institutes of higher education concerning the investigation,
research into, and promotion of alternate fuels and biodiesel

SB3733 Enrolled - 1434 - LRB096 19592 AMC 34984 b
fuels.
(c) The Commission may also review and recommend changes to
any State regulation that may hinder the use, research, and
development of alternate fuels, biodiesel fuels, and vehicles
that are able to utilize those fuels.
(d) The Commission shall consist of the following members,
appointed by the Governor within 90 days of the effective date
of this Act:
(1) The Director of Commerce and Economic Opportunity
(or his or her designee), who shall serve as the chair of
the Commission.
(2) The Director of Agriculture (or his or her
designee).
(3) At least one member from an association
representing corn growers.
(4) At least one member from an association
representing soybean producers.
(5) One representative of a general agricultural
production association.
(6) One representative of automotive fuel blenders in
this State.
(7) One representative of retail petroleum sellers in
this State.
(8) One representative of petroleum suppliers in this
State.
(9) One representative of biodiesel fuel producers.

SB3733 Enrolled - 1435 - LRB096 19592 AMC 34984 b
(10) One representative of ethanol producers.
(11) One representative of environmental
organizations.
(12) Three representatives of the automotive
manufacturing industry.
(13) Three representatives of colleges and
universities in this State that are engaged in alternate
fuel or biodiesel fuel research.
(14) Any other member that the Governor concludes is
necessary to further the Commission's purposes.
(e) No later than one year after the effective date of this
amendatory Act of the 96th General Assembly, the Commission
shall issue a written report on its investigation and
recommendations to the General Assembly and the Governor.
Follow-up reports shall be issued at least annually and may be
issued more frequently if the Commission deems it advisable.
(f) This Section is repealed effective January 1, 2012.
(Source: P.A. 96-323, eff. 8-11-09.)
(415 ILCS 120/24)
Sec. 24 23. Flexible fuel vehicle notification.
(a) Beginning July 1, 2010 and through June 30, 2014, the
Secretary of State must notify each owner of a first division
licensed motor vehicle that many motor vehicles are capable of
using E85 blended fuel. This notice must be included on the
motor vehicle sticker renewal form mailed to the owner by the

SB3733 Enrolled - 1436 - LRB096 19592 AMC 34984 b
Office of the Secretary of State.
(b) The notice must include the following text:
E85 blended fuel reduces reliance on foreign oil and
supports Illinois agriculture.
(Source: P.A. 96-510, eff. 8-14-09; revised 9-29-09.)
Section 560. The Carnival and Amusement Rides Safety Act is
amended by changing Section 2-19 as follows:
(430 ILCS 85/2-19) (from Ch. 111 1/2, par. 4069)
Sec. 2-19. The owner or operator of an amusement ride or
amusement attraction may remove a person from or deny a person
entry to a person to an amusement ride or amusement attraction
if, in the owner's or operator's opinion, the entry or conduct
may jeopardize the safety of such person or the safety of any
other person. Nothing in this Section will permit an owner or
operator to deny an inspector access to an amusement ride or
amusement attraction when such inspector is acting within the
scope of his duties under this Act.
(Source: P.A. 96-151, eff. 8-7-09; revised 11-4-09.)
Section 565. The Humane Care for Animals Act is amended by
changing Section 4.01 as follows:
(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
Sec. 4.01. Animals in entertainment. This Section does not

SB3733 Enrolled - 1437 - LRB096 19592 AMC 34984 b
apply when the only animals involved are dogs. (Section 26-5 of
the Criminal Code of 1961, rather than this Section, applies
when the only animals involved are dogs.)
(a) No person may own, capture, breed, train, or lease any
animal which he or she knows or should know is intended for use
in any show, exhibition, program, or other activity featuring
or otherwise involving a fight between such animal and any
other animal or human, or the intentional killing of any animal
for the purpose of sport, wagering, or entertainment.
(b) No person shall promote, conduct, carry on, advertise,
collect money for or in any other manner assist or aid in the
presentation for purposes of sport, wagering, or
entertainment, any show, exhibition, program, or other
activity involving a fight between 2 or more animals or any
animal and human, or the intentional killing of any animal.
(c) No person shall sell or offer for sale, ship,
transport, or otherwise move, or deliver or receive any animal
which he or she knows or should know has been captured, bred,
or trained, or will be used, to fight another animal or human
or be intentionally killed, for the purpose of sport, wagering,
or entertainment.
(d) No person shall manufacture for sale, shipment,
transportation or delivery any device or equipment which that
person knows or should know is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between 2 or more animals, or any human and

SB3733 Enrolled - 1438 - LRB096 19592 AMC 34984 b
animal, or the intentional killing of any animal for purposes
of sport, wagering or entertainment.
(e) No person shall own, possess, sell or offer for sale,
ship, transport, or otherwise move any equipment or device
which such person knows or should know is intended for use in
connection with any show, exhibition, program, or activity
featuring or otherwise involving a fight between 2 or more
animals, or any animal and human, or the intentional killing of
any animal for purposes of sport, wagering or entertainment.
(f) No person shall make available any site, structure, or
facility, whether enclosed or not, which he or she knows or
should know is intended to be used for the purpose of
conducting any show, exhibition, program, or other activity
involving a fight between 2 or more animals, or any animal and
human, or the intentional killing of any animal.
(g) No person shall knowingly attend or otherwise patronize
any show, exhibition, program, or other activity featuring or
otherwise involving a fight between 2 or more animals, or any
animal and human, or the intentional killing of any animal for
the purposes of sport, wagering or entertainment.
(h) (Blank).
(i) Any animals or equipment involved in a violation of
this Section shall be immediately seized and impounded under
Section 12 by the Department when located at any show,
exhibition, program, or other activity featuring or otherwise
involving an animal fight for the purposes of sport, wagering,

SB3733 Enrolled - 1439 - LRB096 19592 AMC 34984 b
or entertainment.
(j) Any vehicle or conveyance other than a common carrier
that is used in violation of this Section shall be seized,
held, and offered for sale at public auction by the sheriff's
department of the proper jurisdiction, and the proceeds from
the sale shall be remitted to the general fund of the county
where the violation took place.
(k) Any veterinarian in this State who is presented with an
animal for treatment of injuries or wounds resulting from
fighting where there is a reasonable possibility that the
animal was engaged in or utilized for a fighting event for the
purposes of sport, wagering, or entertainment shall file a
report with the Department and cooperate by furnishing the
owners' names, dates, and descriptions of the animal or animals
involved. Any veterinarian who in good faith complies with the
requirements of this subsection has immunity from any
liability, civil, criminal, or otherwise, that may result from
his or her actions. For the purposes of any proceedings, civil
or criminal, the good faith of the veterinarian shall be
rebuttably presumed.
(l) No person shall solicit a minor to violate this
Section.
(m) The penalties for violations of this Section shall be
as follows:
(1) A person convicted of violating subsection (a),
(b), or (c) of this Section or any rule, regulation, or

SB3733 Enrolled - 1440 - LRB096 19592 AMC 34984 b
order of the Department pursuant thereto is guilty of a
Class 4 felony for the first offense. A second or
subsequent offense involving the violation of subsection
(a), (b), or (c) of this Section or any rule, regulation,
or order of the Department pursuant thereto is a Class 3
felony.
(2) A person convicted of violating subsection (d),
(e), or (f) of this Section or any rule, regulation, or
order of the Department pursuant thereto is guilty of a
Class 4 felony for the first offense. A second or
subsequent violation is a Class 3 felony.
(3) A person convicted of violating subsection (g) of
this Section or any rule, regulation, or order of the
Department pursuant thereto is guilty of a Class 4 felony
for the first offense. A second or subsequent violation is
a Class 3 felony.
(4) A person convicted of violating subsection (l) of
this Section is guilty of a Class 4 felony for the first
offense. A second or subsequent violation is a Class 3
felony.
(n) A person who commits a felony violation of this Section
is subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07;
96-226, eff. 8-11-09; 96-712, eff. 1-1-10; revised 10-1-09.)

SB3733 Enrolled - 1441 - LRB096 19592 AMC 34984 b
Section 570. The Humane Euthanasia in Animal Shelters Act
is amended by changing Section 155 as follows:
(510 ILCS 72/155)
Sec. 155. Administrative Review Law Review. All final
administrative decisions of the Department are subject to
judicial review pursuant to the provisions of the
Administrative Review Law, as now or hereafter amended, and all
rules adopted pursuant to that Law. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
relief resides, but if the party is not a resident of this
State, the venue shall be Sangamon County.
(Source: P.A. 92-449, eff. 1-1-02; revised 11-4-09.)
Section 575. The Illinois Vehicle Code is amended by
changing Sections 3-104, 3-412, 3-414, 3-806, 3-808.1, 3-821,
6-103, 6-106.1, 6-303, 11-208.3, 11-605.2, 11-1301.2,
11-1301.3, 12-503, 12-610.2, 12-821, 15-102, and 15-113 and by
setting forth and renumbering multiple versions of Sections
3-684 and 3-806.7 as follows:
(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
Sec. 3-104. Application for certificate of title.

SB3733 Enrolled - 1442 - LRB096 19592 AMC 34984 b
(a) The application for a certificate of title for a
vehicle in this State must be made by the owner to the
Secretary of State on the form prescribed and must contain:
1. The name, Illinois residence and mail address of the
owner;
2. A description of the vehicle including, so far as
the following data exists: Its make, year-model,
identifying number, type of body, whether new or used, as
to house trailers as defined in Section 1-128 of this Code,
the square footage of the house trailer based upon the
outside dimensions of the house trailer excluding the
length of the tongue and hitch, and, as to vehicles of the
second division, whether for-hire, not-for-hire, or both
for-hire and not-for-hire;
3. The date of purchase by applicant and, if
applicable, the name and address of the person from whom
the vehicle was acquired and the names and addresses of any
lienholders in the order of their priority and signatures
of owners;
4. The current odometer reading at the time of transfer
and that the stated odometer reading is one of the
following: actual mileage, not the actual mileage or
mileage is in excess of its mechanical limits; and
5. Any further information the Secretary of State
reasonably requires to identify the vehicle and to enable
him to determine whether the owner is entitled to a

SB3733 Enrolled - 1443 - LRB096 19592 AMC 34984 b
certificate of title and the existence or nonexistence of
security interests in the vehicle.
(a-5) The Secretary of State shall designate on the
prescribed application form a space where the owner of a
vehicle may designate a beneficiary, to whom ownership of the
vehicle shall pass in the event of the owner's death.
(b) If the application refers to a vehicle purchased from a
dealer, it must also be signed by the dealer as well as the
owner, and the dealer must promptly mail or deliver the
application and required documents to the Secretary of State.
(c) If the application refers to a vehicle last previously
registered in another State or country, the application must
contain or be accompanied by:
1. Any certified document of ownership so recognized
and issued by the other State or country and acceptable to
the Secretary of State, and
2. Any other information and documents the Secretary of
State reasonably requires to establish the ownership of the
vehicle and the existence or nonexistence of security
interests in it.
(d) If the application refers to a new vehicle it must be
accompanied by the Manufacturer's Statement of Origin, or other
documents as required and acceptable by the Secretary of State,
with such assignments as may be necessary to show title in the
applicant.
(e) If an application refers to a vehicle rebuilt from a

SB3733 Enrolled - 1444 - LRB096 19592 AMC 34984 b
vehicle previously salvaged, that application shall comply
with the provisions set forth in Sections 3-302 through 3-304
of this Code.
(f) An application for a certificate of title for any
vehicle, whether purchased in Illinois or outside Illinois, and
even if previously registered in another State, must be
accompanied by either an exemption determination from the
Department of Revenue showing that no tax imposed pursuant to
the Use Tax Act or the vehicle use tax imposed by Section
3-1001 of the Illinois Vehicle Code is owed by anyone with
respect to that vehicle, or a receipt from the Department of
Revenue showing that any tax so imposed has been paid. An
application for a certificate of title for any vehicle
purchased outside Illinois, even if previously registered in
another state, must be accompanied by either an exemption
determination from the Department of Revenue showing that no
tax imposed pursuant to the Municipal Use Tax Act or the County
Use Tax Act is owed by anyone with respect to that vehicle, or
a receipt from the Department of Revenue showing that any tax
so imposed has been paid. In the absence of such a receipt for
payment or determination of exemption from the Department, no
certificate of title shall be issued to the applicant.
If the proof of payment of the tax or of nonliability
therefor is, after the issuance of the certificate of title and
display certificate of title, found to be invalid, the
Secretary of State shall revoke the certificate and require

SB3733 Enrolled - 1445 - LRB096 19592 AMC 34984 b
that the certificate of title and, when applicable, the display
certificate of title be returned to him.
(g) If the application refers to a vehicle not manufactured
in accordance with federal safety and emission standards, the
application must be accompanied by all documents required by
federal governmental agencies to meet their standards before a
vehicle is allowed to be issued title and registration.
(h) If the application refers to a vehicle sold at public
sale by a sheriff, it must be accompanied by the required fee
and a bill of sale issued and signed by a sheriff. The bill of
sale must identify the new owner's name and address, the year
model, make and vehicle identification number of the vehicle,
court order document number authorizing such sale, if
applicable, and the name and address of any lienholders in
order of priority, if applicable.
(i) If the application refers to a vehicle for which a
court of law determined the ownership, it must be accompanied
with a certified copy of such court order and the required fee.
The court order must indicate the new owner's name and address,
the complete description of the vehicle, if known, the name and
address of the lienholder, if any, and must be signed and dated
by the judge issuing such order.
(j) If the application refers to a vehicle sold at public
auction pursuant to the Labor and Storage Lien (Small Amount)
Act, it must be accompanied by an affidavit or affirmation
furnished by the Secretary of State along with the documents

SB3733 Enrolled - 1446 - LRB096 19592 AMC 34984 b
described in the affidavit or affirmation and the required fee.
(k) The Secretary may provide an expedited process for the
issuance of vehicle titles. Expedited title applications must
be delivered to the Secretary of State's Vehicle Services
Department in Springfield by express mail service or hand
delivery. Applications must be complete, including necessary
forms, fees, and taxes. Applications received before noon on a
business day will be processed and shipped that same day.
Applications received after noon on a business day will be
processed and shipped the next business day. The Secretary
shall charge an additional fee of $30 for this service, and
that fee shall cover the cost of return shipping via an express
mail service. All fees collected by the Secretary of State for
expedited services shall be deposited into the Motor Vehicle
License Plate Fund. In the event the Vehicle Services
Department determines that the volume of expedited title
requests received on a given day exceeds the ability of the
Vehicle Services Department to process those requests in an
expedited manner, the Vehicle Services Department may decline
to provide expedited services, and the additional fee for the
expedited service shall be refunded to the applicant.
(l) (k) If the application refers to a homemade trailer,
(i) it must be accompanied by the appropriate documentation
regarding the source of materials used in the construction of
the trailer, as required by the Secretary of State, (ii) the
trailer must be inspected by a Secretary of State investigator,

SB3733 Enrolled - 1447 - LRB096 19592 AMC 34984 b
as described in Section 2-115 of this Code, prior to the
issuance of the title, and (iii) upon approval of the Secretary
of State, the trailer must have a vehicle identification
number, as provided by the Secretary of State, stamped or
riveted to the frame.
(Source: P.A. 95-784, eff. 1-1-09; 96-519, eff. 1-1-10; 96-554,
eff. 1-1-10; revised 9-15-09.)
(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
Sec. 3-412. Registration plates and registration stickers
to be furnished by the Secretary of State.
(a) The Secretary of State upon registering a vehicle
subject to annual registration for the first time shall issue
or shall cause to be issued to the owner one registration plate
for a motorcycle, trailer, semitrailer, moped or
truck-tractor, 2 registration plates for other motor vehicles
and, where applicable, current registration stickers for motor
vehicles of the first division. The provisions of this Section
may be made applicable to such vehicles of the second division,
as the Secretary of State may, from time to time, in his
discretion designate. On subsequent annual registrations
during the term of the registration plate as provided in
Section 3-414.1, the Secretary shall issue or cause to be
issued registration stickers as evidence of current
registration. However, the issuance of annual registration
stickers to vehicles registered under the provisions of

SB3733 Enrolled - 1448 - LRB096 19592 AMC 34984 b
Sections 3-402.1 and 3-405.3 of this Code may not be required
if the Secretary deems the issuance unnecessary.
(b) Every registration plate shall have displayed upon it
the registration number assigned to the vehicle for which it is
issued, the name of this State, which may be abbreviated, the
year number for which it was issued, which may be abbreviated,
the phrase "Land of Lincoln" (except as otherwise provided in
this Code), and such other letters or numbers as the Secretary
may prescribe. However, for apportionment plates issued to
vehicles registered under Section 3-402.1 and fleet plates
issued to vehicles registered under Section 3-405.3, the phrase
"Land of Lincoln" may be omitted to allow for the word
"apportioned", the word "fleet", or other similar language to
be displayed. Registration plates issued to a vehicle
registered as a fleet vehicle may display a designation
determined by the Secretary.
The Secretary may in his discretion prescribe that letters
be used as prefixes only on registration plates issued to
vehicles of the first division which are registered under this
Code and only as suffixes on registration plates issued to
other vehicles. Every registration sticker issued as evidence
of current registration shall designate the year number for
which it is issued and such other letters or numbers as the
Secretary may prescribe and shall be of a contrasting color
with the registration plates and registration stickers of the
previous year.

SB3733 Enrolled - 1449 - LRB096 19592 AMC 34984 b
(c) Each registration plate and the required letters and
numerals thereon, except the year number for which issued,
shall be of sufficient size to be plainly readable from a
distance of 100 feet during daylight, and shall be coated with
reflectorizing material. The dimensions of the plate issued to
vehicles of the first division shall be 6 by 12 inches.
(d) The Secretary of State shall issue for every passenger
motor vehicle rented without a driver the same type of
registration plates as the type of plates issued for a private
passenger vehicle.
(e) The Secretary of State shall issue for every passenger
car used as a taxicab or livery, distinctive registration
plates.
(f) The Secretary of State shall issue for every motorcycle
distinctive registration plates distinguishing between
motorcycles having 150 or more cubic centimeters piston
displacement, or having less than 150 cubic centimeter piston
displacement.
(g) Registration plates issued to vehicles for-hire may
display a designation as determined by the Secretary that such
vehicles are for-hire.
(h) (Blank).
(i) The Secretary of State shall issue for every public and
private ambulance registration plates identifying the vehicle
as an ambulance. The Secretary shall forward to the Department
of Healthcare and Family Services registration information for

SB3733 Enrolled - 1450 - LRB096 19592 AMC 34984 b
the purpose of verification of claims filed with the Department
by ambulance owners for payment for services to public
assistance recipients.
(j) The Secretary of State shall issue for every public and
private medical carrier or rescue vehicle livery registration
plates displaying numbers within ranges of numbers reserved
respectively for medical carriers and rescue vehicles. The
Secretary shall forward to the Department of Healthcare and
Family Services registration information for the purpose of
verification of claims filed with the Department by owners of
medical carriers or rescue vehicles for payment for services to
public assistance recipients.
(k) The Secretary of State shall issue distinctive license
plates or distinctive license plate stickers for every vehicle
exempted from subsections (a) and (a-5) of Section 12-503 by
subsection (g) of that Section, and by subsection (g-5) of that
Section before its deletion by this amendatory Act of the 95th
General Assembly. The Secretary shall issue these plates or
stickers immediately upon receiving the physician's
certification required under subsection (g) of Section 12-503.
New plates or stickers shall also be issued when the
certification is renewed as provided in that subsection.
(l) The Secretary of State shall issue distinctive
registration plates for low-speed vehicles.
(Source: P.A. 95-202, eff. 8-16-07; 95-331, eff. 8-21-07;
96-554, eff. 1-1-10; 96-653, eff. 1-1-10; 96-815, eff.

SB3733 Enrolled - 1451 - LRB096 19592 AMC 34984 b
10-30-09; revised 11-4-09.)
(625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)
Sec. 3-414. Expiration of registration.
(a) Every vehicle registration under this Chapter and every
registration card and registration plate or registration
sticker issued hereunder to a vehicle shall be for the periods
specified in this Chapter and shall expire at midnight on the
day and date specified in this Section as follows:
1. When registered on a calendar year basis commencing
January 1, expiration shall be on the 31st day of December
or at such other date as may be selected in the discretion
of the Secretary of State; however, through December 31,
2004, registrations of apportionable vehicles,
motorcycles, motor driven cycles and pedalcycles shall
commence on the first day of April and shall expire March
31st of the following calendar year;
1.1. Beginning January 1, 2005, registrations of
motorcycles and motor driven cycles shall commence on
January 1 and shall expire on December 31 or on another
date that may be selected by the Secretary; registrations
of apportionable vehicles and pedalcycles, however, shall
commence on the first day of April and shall expire March
31 of the following calendar year;
2. When registered on a 2 calendar year basis
commencing January 1 of an even-numbered year, expiration

SB3733 Enrolled - 1452 - LRB096 19592 AMC 34984 b
shall be on the 31st day of December of the ensuing
odd-numbered year, or at such other later date as may be
selected in the discretion of the Secretary of State not
beyond March 1 next;
3. When registered on a fiscal year basis commencing
July 1, expiration shall be on the 30th day of June or at
such other later date as may be selected in the discretion
of the Secretary of State not beyond September 1 next;
4. When registered on a 2 fiscal year basis commencing
July 1 of an even-numbered year, expiration shall be on the
30th day of June of the ensuing even-numbered year, or at
such other later date as may be selected in the discretion
of the Secretary of State not beyond September 1 next;
5. When registered on a 4 fiscal year basis commencing
July 1 of an even-numbered year, expiration shall be on the
30th day of June of the second ensuing even-numbered year,
or at such other later date as may be selected in the
discretion of the Secretary of State not beyond September 1
next;
(b) Vehicle registrations of vehicles of the first division
shall be for a calendar year, 2 calendar year, or 3 calendar
year basis as provided for in this Chapter.
Vehicle registrations of vehicles under Sections 3-807,
3-808 and 3-809 shall be on an indefinite term basis or a 2
calendar year basis as provided for in this Chapter.
Vehicle registrations for vehicles of the second division

SB3733 Enrolled - 1453 - LRB096 19592 AMC 34984 b
shall be for a fiscal year, 2 fiscal year or calendar year
basis as provided for in this Chapter.
Motor vehicles registered under the provisions of Section
3-402.1 shall be issued multi-year registration plates with a
new registration card issued annually upon payment of the
appropriate fees. Motor vehicles registered under the
provisions of Section 3-405.3 shall be issued multi-year
mutli-year registration plates with a new multi-year
registration card issued pursuant to subsections (j) and (k) of
this Section upon payment of the appropriate fees.
Apportionable trailers and apportionable semitrailers
registered under the provisions of Section 3-402.1 shall be
issued multi-year registration plates and cards that will be
subject to revocation for failure to pay annual fees required
by Section 3-814.1. The Secretary shall determine when these
vehicles shall be issued new registration plates.
(c) Every vehicle registration specified in Section 3-810
and every registration card and registration plate or
registration sticker issued thereunder shall expire on the 31st
day of December of each year or at such other date as may be
selected in the discretion of the Secretary of State.
(d) Every vehicle registration for a vehicle of the second
division weighing over 8,000 pounds, except as provided in
paragraph (g) of this Section, and every registration card and
registration plate or registration sticker, where applicable,
issued hereunder to such vehicles shall be issued for a fiscal

SB3733 Enrolled - 1454 - LRB096 19592 AMC 34984 b
year commencing on July 1st of each registration year. However,
the Secretary of State may, pursuant to an agreement or
arrangement or declaration providing for apportionment of a
fleet of vehicles with other jurisdictions, provide for
registration of such vehicles under apportionment or for all of
the vehicles registered in Illinois by an applicant who
registers some of his vehicles under apportionment on a
calendar year basis instead, and the fees or taxes to be paid
on a calendar year basis shall be identical to those specified
in this Act for a fiscal year registration. Provision for
installment payment may also be made.
(e) Semitrailer registrations under apportionment may be
on a calendar year under a reciprocal agreement or arrangement
and all other semitrailer registrations shall be on fiscal year
or 2 fiscal year or 4 fiscal year basis as provided for in this
Chapter.
(f) The Secretary of State may convert annual registration
plates or 2-year registration plates, whether registered on a
calendar year or fiscal year basis, to multi-year plates. The
determination of which plate categories and when to convert to
multi-year plates is solely within the discretion of the
Secretary of State.
(g) After January 1, 1975, each registration, registration
card and registration plate or registration sticker, where
applicable, issued for a recreational vehicle or recreational
or camping trailer, except a house trailer, used exclusively by

SB3733 Enrolled - 1455 - LRB096 19592 AMC 34984 b
the owner for recreational purposes, and not used commercially
nor as a truck or bus, nor for hire, shall be on a calendar year
basis; except that the Secretary of State shall provide for
registration and the issuance of registration cards and plates
or registration stickers, where applicable, for one 6-month
period in order to accomplish an orderly transition from a
fiscal year to a calendar year basis. Fees and taxes due under
this Act for a registration year shall be appropriately reduced
for such 6-month transitional registration period.
(h) The Secretary of State may, in order to accomplish an
orderly transition for vehicles registered under Section
3-402.1 of this Code from a calendar year registration to a
March 31st expiration, require applicants to pay fees and taxes
due under this Code on a 15 month registration basis. However,
if in the discretion of the Secretary of State this creates an
undue hardship on any applicant the Secretary may allow the
applicant to pay 3 month fees and taxes at the time of
registration and the additional 12 month fees and taxes to be
payable no later than March 31 of the year after this
amendatory Act of 1991 takes effect.
(i) The Secretary of State may stagger registrations, or
change the annual expiration date, as necessary for the
convenience of the public and the efficiency of his Office. In
order to appropriately and effectively accomplish any such
staggering, the Secretary of State is authorized to prorate all
required registration fees, rounded to the nearest dollar, but

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in no event for a period longer than 18 months, at a monthly
rate for a 12 month registration fee.
(j) The Secretary of State may enter into an agreement with
a rental owner, as defined in Section 3-400 of this Code, who
registers a fleet of motor vehicles of the first division
pursuant to Section 3-405.3 of this Code to provide for the
registration of the rental owner's vehicles on a 2 or 3
calendar year basis and the issuance of multi-year registration
plates with a new registration card issued up to every 3 years.
(k) The Secretary of State may provide multi-year
registration cards for any registered fleet of motor vehicles
of the first or second division that are registered pursuant to
Section 3-405.3 of this Code. Each motor vehicle of the
registered fleet must carry an unique multi-year registration
card that displays the vehicle identification number of the
registered motor vehicle. The Secretary of State shall
promulgate rules in order to implement multi-year
registrations.
(Source: P.A. 95-287, eff. 1-1-08; 96-747, eff. 1-1-10; revised
11-4-09.)
(625 ILCS 5/3-684)
Sec. 3-684. Illinois EMS Memorial Scholarship and Training
license plate.
(a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary of State, may issue

SB3733 Enrolled - 1457 - LRB096 19592 AMC 34984 b
special registration plates designated to be Illinois EMS
Memorial Scholarship and Training license plates. The special
plates issued under this Section shall be affixed only to
passenger vehicles of the first division, motor vehicles of the
second division weighing not more than 8,000 pounds,
recreational vehicles as defined in Section 1-169 of this Code,
and subject to the staggered registration system. Plates issued
under this Section shall expire according to the multi-year
procedure established by Section 3-414.1 of this Code.
(b) The design and color of the plates shall be wholly
within the discretion of the Secretary of State. The Secretary
of State may, in his or her discretion, allow the plates to be
issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land of Lincoln", as prescribed in subsection (b) of
Section 3-412 of this Code. The Secretary of State shall
prescribe stickers or decals as provided under Section 3-412.
(c) An applicant shall be charged a $27 fee for original
issuance in addition to the applicable registration fee. Of
this additional fee, $15 shall be deposited into the Secretary
of State Special License Plate Fund and $12 shall be deposited
into the Illinois EMS Memorial Scholarship and Training Fund.
For each registration renewal period, a $17 fee, in addition to
the appropriate registration fee, shall be charged. Of this
fee, $2 shall be deposited into the Secretary of State Special
License Plate Fund and $15 shall be deposited into the Illinois

SB3733 Enrolled - 1458 - LRB096 19592 AMC 34984 b
EMS Memorial Scholarship and Training Fund.
(d) The Illinois EMS Memorial Scholarship and Training Fund
is created as a special fund in the State treasury. All money
in the Illinois EMS Memorial Scholarship and Training Fund
shall, subject to appropriation by the General Assembly and
approval by the Secretary of State, as grants to the EMS
Memorial Scholarship and Training Council, a not-for-profit
corporation, for the purposes (i) of providing scholarships for
graduate study, undergraduate study, or both, to children and
spouses of emergency medical services (EMS) personnel killed in
the course of their employment, and (ii) for grants for the
training of EMS personnel.
(Source: P.A. 96-591, eff. 8-18-09.)
(625 ILCS 5/3-686)
Sec. 3-686 3-684. Distinguished Flying Cross license
plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary of State, may
issue Distinguished Flying Cross license plates to residents of
Illinois who have been awarded the Distinguished Flying Cross
medal by the United States Armed Forces. The special
Distinguished Flying Cross plates issued under this Section
shall be affixed only to passenger vehicles of the first
division, motorcycles, and motor vehicles of the second

SB3733 Enrolled - 1459 - LRB096 19592 AMC 34984 b
division weighing not more than 8,000 pounds. Plates issued
under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this
Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b) of
Section 3-412 of this Code. The Secretary shall, in his or her
discretion, approve and prescribe stickers or decals as
provided under Section 3-412.
(c) An applicant shall be charged a $15 fee for original
issuance in addition to the applicable registration fee. This
additional fee shall be deposited into the Secretary of State
Special License Plate Fund.
(Source: P.A. 96-655, eff. 1-1-10; revised 10-19-09.)
(625 ILCS 5/3-687)
Sec. 3-687 3-684. International Brotherhood of Teamsters
license plate.
(a) The Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue special registration plates designated as International
Brotherhood of Teamsters license plates. The special plates

SB3733 Enrolled - 1460 - LRB096 19592 AMC 34984 b
issued under this Section shall be affixed only to passenger
vehicles of the first division, motor vehicles of the second
division weighing not more than 8,000 pounds and recreational
vehicles as defined by Section 1-169 of this Code. Plates
issued under this Section shall expire according to the
multi-year procedure established by Section 3-414.1 of this
Code.
(b) The design and color of the plates is wholly within the
discretion of the Secretary of State. Appropriate
documentation, as determined by the Secretary, shall accompany
the application. The Secretary, in his or her discretion, may
allow the plates to be issued as vanity or personalized plates
under Section 3-405.1 of this Code. The Secretary shall
prescribe stickers or decals as provided under Section 3-412 of
this Code.
(c) An applicant for the special plate shall be charged a
$40 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $25 shall be deposited into the
International Brotherhood of Teamsters Fund and $15 shall be
deposited into the Secretary of State Special License Plate
Fund, to be used by the Secretary to help defray the
administrative processing costs.
For each registration renewal period, a $27 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $25 shall be deposited into the International
Brotherhood of Teamsters Fund and $2 shall be deposited into

SB3733 Enrolled - 1461 - LRB096 19592 AMC 34984 b
the Secretary of State Special License Plate Fund.
(d) The International Brotherhood of Teamsters Fund is
created as a special fund in the State treasury. All money in
the International Brotherhood of Teamsters Fund shall be paid,
subject to appropriation by the General Assembly and approval
by the Secretary of State, as grants to the Teamsters Joint
Council 25 Charitable Trust, an independent organization
established and registered as a tax exempt entity under Section
501(c)(3) of the Internal Revenue Code, for religious,
charitable, scientific, literary, and educational purposes.
(Source: P.A. 96-687, eff. 1-1-10; revised 10-19-09.)
(625 ILCS 5/3-688)
Sec. 3-688 3-684. Operation Iraqi Freedom License Plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary of State, may
issue Operation Iraqi Freedom license plates to residents of
Illinois who meet eligibility requirements prescribed by the
Secretary of State. The special Operation Iraqi Freedom plate
issued under this Section shall be affixed only to passenger
vehicles of the first division, motorcycles, and motor vehicles
of the second division weighing not more than 8,000 pounds.
Plates issued under this Section shall expire according to the
staggered multi-year procedure established by Section 3-414.1
of this Code.

SB3733 Enrolled - 1462 - LRB096 19592 AMC 34984 b
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b) of
Section 3-412 of this Code. The Secretary shall prescribe the
eligibility requirements and, in his or her discretion, shall
approve and prescribe stickers or decals as provided under
Section 3-412.
(c) An applicant shall be charged a $15 fee for original
issuance in addition to the applicable registration fee. This
additional fee shall be deposited into the Secretary of State
Special License Plate Fund.
(Source: P.A. 96-747, eff. 1-1-10; revised 10-19-09.)
(625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806)
Sec. 3-806. Registration Fees; Motor Vehicles of the First
Division. Every owner of any other motor vehicle of the first
division, except as provided in Sections 3-804, 3-805, 3-806.3,
3-806.7, and 3-808, and every second division vehicle weighing
8,000 pounds or less, shall pay the Secretary of State an
annual registration fee at the following rates:
SCHEDULE OF REGISTRATION FEES
REQUIRED BY LAW

SB3733 Enrolled - 1463 - LRB096 19592 AMC 34984 b
Beginning with the 2010 registration year
Annual
Fee
Motor vehicles of the first
division other than
Motorcycles, Motor Driven
Cycles and Pedalcycles $98
Motorcycles, Motor Driven
Cycles and Pedalcycles 38
Beginning with the 2010 registration year a $1 surcharge
shall be collected in addition to the above fees for motor
vehicles of the first division, motorcycles, motor driven
cycles, and pedalcycles to be deposited into the State Police
Vehicle Fund.
All of the proceeds of the additional fees imposed by
Public Act 96-34 this amendatory Act of the 96th General
Assembly shall be deposited into the Capital Projects Fund.
(Source: P.A. 95-1009, eff. 12-15-08; 96-34, eff. 7-13-09;
96-747, eff. 1-1-10; revised 10-1-09.)
(625 ILCS 5/3-806.7)
Sec. 3-806.7. Registration fees for active duty military
personnel.
(a) Beginning with the 2011 registration year, the standard
registration fee set forth in Section 3-806 of this Code for
passenger motor vehicles of the first division and motor

SB3733 Enrolled - 1464 - LRB096 19592 AMC 34984 b
vehicles of the second division weighing not more than 8,000
pounds and registered under Section 3-815 of this Code, shall
be reduced by 50% for any Illinois vehicle owner who was on
active duty as a member of the Armed Forces of the United
States and stationed outside of the United States for a period
of 90 days or longer during the preceding registration year.
(b) Illinois residents who are members of the Armed Forces
of the United States and who have been stationed outside of the
United States for a period of 6 months or longer, and who
placed their registered motor vehicle in storage during the
time they served abroad, shall be entitled to credit for the
unused portion of that registration when they renew the
registration of that vehicle upon their return to the United
States. For each month or part thereof that the vehicle was in
storage and had current registration, the member of the armed
forces shall receive one month of registration without charge.
(Source: P.A. 96-747, eff. 1-1-10.)
(625 ILCS 5/3-806.8)
Sec. 3-806.8 3-806.7. Graduated registration fee; study.
The Secretary of State, in cooperation with the Department of
Revenue, shall complete a feasibility study for the
implementation and enforcement of a graduated registration fee
based on the manufacturer's suggested retail price of motor
vehicles of the first division, and second division vehicles
weighing 8,000 pounds or less. This study shall include, but

SB3733 Enrolled - 1465 - LRB096 19592 AMC 34984 b
shall not be limited to the costs associated with design and
maintenance of all systems and database applications required;
suggested fee structures to create a revenue neutral graduated
registration fee system; and consideration of annual
depreciation of vehicles, reflective of fair market value.
The findings of this feasibility study shall be delivered
to the Senate President, Speaker of the House of
Representatives, Minority Leader of the Senate, and the
Minority Leader of the House of Representatives no later than
January 31, 2010.
(Source: P.A. 96-34, eff. 7-13-09; revised 10-1-09.)
(625 ILCS 5/3-808.1) (from Ch. 95 1/2, par. 3-808.1)
Sec. 3-808.1. (a) Permanent vehicle registration plates
shall be issued, at no charge, to the following:
1. Vehicles, other than medical transport vehicles,
owned and operated by the State of Illinois or by any State
agency financed by funds appropriated by the General
Assembly;
2. Special disability plates issued to vehicles owned
and operated by the State of Illinois or by any State
agency financed by funds appropriated by the General
Assembly.
(b) Permanent vehicle registration plates shall be issued,
for a one time fee of $8.00, to the following:
1. Vehicles, other than medical transport vehicles,

SB3733 Enrolled - 1466 - LRB096 19592 AMC 34984 b
operated by or for any county, township or municipal
corporation. ;
2. Vehicles owned by counties, townships or municipal
corporations for persons with disabilities.
3. Beginning with the 1991 registration year,
county-owned vehicles operated by or for any county sheriff
and designated deputy sheriffs. These registration plates
shall contain the specific county code and unit number.
4. All-terrain vehicles owned by counties, townships,
or municipal corporations and used for law enforcement
purposes when the Manufacturer's Statement of Origin is
accompanied with a letter from the original manufacturer or
a manufacturer's franchised dealer stating that this
all-terrain vehicle has been converted to a street worthy
vehicle that meets the equipment requirements set forth in
Chapter 12 of this Code.
5. Beginning with the 2001 registration year,
municipally-owned vehicles operated by or for any police
department. These registration plates shall contain the
designation "municipal police" and shall be numbered and
distributed as prescribed by the Secretary of State.
(Source: P.A. 94-619, eff. 1-1-06; revised 11-4-09.)
(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
Sec. 3-821. Miscellaneous Registration and Title Fees.
(a) The fee to be paid to the Secretary of State for the

SB3733 Enrolled - 1467 - LRB096 19592 AMC 34984 b
following certificates, registrations or evidences of proper
registration, or for corrected or duplicate documents shall be
in accordance with the following schedule:
Certificate of Title, except for an all-terrain
vehicle or off-highway motorcycle $95
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle $30
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle used for production
agriculture, or accepted by a dealer in trade 13
Certificate of Title for a low-speed vehicle 30
Transfer of Registration or any evidence of
proper registration $25
Duplicate Registration Card for plates or other
evidence of proper registration 3
Duplicate Registration Sticker or Stickers, each 20
Duplicate Certificate of Title 95
Corrected Registration Card or Card for other
evidence of proper registration 3
Corrected Certificate of Title 95
Salvage Certificate 4
Fleet Reciprocity Permit 15
Prorate Decal 1
Prorate Backing Plate 3
Special Corrected Certificate of Title 15

SB3733 Enrolled - 1468 - LRB096 19592 AMC 34984 b
Expedited Title Service (to be charged in addition
to other applicable fees) 30
A special corrected certificate of title shall be issued
(i) to remove a co-owner's name due to the death of the
co-owner or due to a divorce or (ii) to change a co-owner's
name due to a marriage.
There shall be no fee paid for a Junking Certificate.
(a-5) The Secretary of State may revoke a certificate of
title and registration card and issue a corrected certificate
of title and registration card, at no fee to the vehicle owner
or lienholder, if there is proof that the vehicle
identification number is erroneously shown on the original
certificate of title.
(b) The Secretary may prescribe the maximum service charge
to be imposed upon an applicant for renewal of a registration
by any person authorized by law to receive and remit or
transmit to the Secretary such renewal application and fees
therewith.
(c) If a check is delivered to the Office of the Secretary
of State as payment of any fee or tax under this Code, and such
check is not honored by the bank on which it is drawn for any
reason, the registrant or other person tendering the check
remains liable for the payment of such fee or tax. The
Secretary of State may assess a service charge of $19 in
addition to the fee or tax due and owing for all dishonored
checks.

SB3733 Enrolled - 1469 - LRB096 19592 AMC 34984 b
If the total amount then due and owing exceeds the sum of
$50 and has not been paid in full within 60 days from the date
such fee or tax became due to the Secretary of State, the
Secretary of State shall assess a penalty of 25% of such amount
remaining unpaid.
All amounts payable under this Section shall be computed to
the nearest dollar.
(d) The minimum fee and tax to be paid by any applicant for
apportionment of a fleet of vehicles under this Code shall be
$15 if the application was filed on or before the date
specified by the Secretary together with fees and taxes due. If
an application and the fees or taxes due are filed after the
date specified by the Secretary, the Secretary may prescribe
the payment of interest at the rate of 1/2 of 1% per month or
fraction thereof after such due date and a minimum of $8.
(e) Trucks, truck tractors, truck tractors with loads, and
motor buses, any one of which having a combined total weight in
excess of 12,000 lbs. shall file an application for a Fleet
Reciprocity Permit issued by the Secretary of State. This
permit shall be in the possession of any driver operating a
vehicle on Illinois highways. Any foreign licensed vehicle of
the second division operating at any time in Illinois without a
Fleet Reciprocity Permit or other proper Illinois
registration, shall subject the operator to the penalties
provided in Section 3-834 of this Code. For the purposes of
this Code, "Fleet Reciprocity Permit" means any second division

SB3733 Enrolled - 1470 - LRB096 19592 AMC 34984 b
motor vehicle with a foreign license and used only in
interstate transportation of goods. The fee for such permit
shall be $15 per fleet which shall include all vehicles of the
fleet being registered.
(f) For purposes of this Section, "all-terrain vehicle or
off-highway motorcycle used for production agriculture" means
any all-terrain vehicle or off-highway motorcycle used in the
raising of or the propagation of livestock, crops for sale for
human consumption, crops for livestock consumption, and
production seed stock grown for the propagation of feed grains
and the husbandry of animals or for the purpose of providing a
food product, including the husbandry of blood stock as a main
source of providing a food product. "All-terrain vehicle or
off-highway motorcycle used in production agriculture" also
means any all-terrain vehicle or off-highway motorcycle used in
animal husbandry, floriculture, aquaculture, horticulture, and
viticulture.
(g) All of the proceeds of the additional fees imposed by
Public Act 96-34 this amendatory Act of the 96th General
Assembly shall be deposited into the Capital Projects Fund.
(Source: P.A. 95-287, eff. 1-1-08; 96-34, eff. 7-13-09; 96-554,
eff. 1-1-10; 96-653, eff. 1-1-10; revised 9-15-09.)
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,

SB3733 Enrolled - 1471 - LRB096 19592 AMC 34984 b
renew, or allow the retention of any driver's license nor issue
any permit under this Code:
1. To any person, as a driver, who is under the age of
18 years except as provided in Section 6-107, and except
that an instruction permit may be issued under Section
6-107.1 to a child who is not less than 15 years of age if
the child is enrolled in an approved driver education
course as defined in Section 1-103 of this Code and
requires an instruction permit to participate therein,
except that an instruction permit may be issued under the
provisions of Section 6-107.1 to a child who is 17 years
and 3 months of age without the child having enrolled in an
approved driver education course and except that an
instruction permit may be issued to a child who is at least
15 years and 3 months of age, is enrolled in school, meets
the educational requirements of the Driver Education Act,
and has passed examinations the Secretary of State in his
or her discretion may prescribe;
2. To any person who is under the age of 18 as an
operator of a motorcycle other than a motor driven cycle
unless the person has, in addition to meeting the
provisions of Section 6-107 of this Code, successfully
completed a motorcycle training course approved by the
Illinois Department of Transportation and successfully
completes the required Secretary of State's motorcycle
driver's examination;

SB3733 Enrolled - 1472 - LRB096 19592 AMC 34984 b
3. To any person, as a driver, whose driver's license
or permit has been suspended, during the suspension, nor to
any person whose driver's license or permit has been
revoked, except as provided in Sections 6-205, 6-206, and
6-208;
4. To any person, as a driver, who is a user of alcohol
or any other drug to a degree that renders the person
incapable of safely driving a motor vehicle;
5. To any person, as a driver, who has previously been
adjudged to be afflicted with or suffering from any mental
or physical disability or disease and who has not at the
time of application been restored to competency by the
methods provided by law;
6. To any person, as a driver, who is required by the
Secretary of State to submit an alcohol and drug evaluation
or take an examination provided for in this Code unless the
person has successfully passed the examination and
submitted any required evaluation;
7. To any person who is required under the provisions
of the laws of this State to deposit security or proof of
financial responsibility and who has not deposited the
security or proof;
8. To any person when the Secretary of State has good
cause to believe that the person by reason of physical or
mental disability would not be able to safely operate a
motor vehicle upon the highways, unless the person shall

SB3733 Enrolled - 1473 - LRB096 19592 AMC 34984 b
furnish to the Secretary of State a verified written
statement, acceptable to the Secretary of State, from a
competent medical specialist to the effect that the
operation of a motor vehicle by the person would not be
inimical to the public safety;
9. To any person, as a driver, who is 69 years of age
or older, unless the person has successfully complied with
the provisions of Section 6-109;
10. To any person convicted, within 12 months of
application for a license, of any of the sexual offenses
enumerated in paragraph 2 of subsection (b) of Section
6-205;
11. To any person who is under the age of 21 years with
a classification prohibited in paragraph (b) of Section
6-104 and to any person who is under the age of 18 years
with a classification prohibited in paragraph (c) of
Section 6-104;
12. To any person who has been either convicted of or
adjudicated under the Juvenile Court Act of 1987 based upon
a violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act while that person was in
actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section
10 of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the

SB3733 Enrolled - 1474 - LRB096 19592 AMC 34984 b
Methamphetamine Control and Community Protection Act shall
not be considered convicted. Any person found guilty of
this offense, while in actual physical control of a motor
vehicle, shall have an entry made in the court record by
the judge that this offense did occur while the person was
in actual physical control of a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State as such. The Secretary of State shall not issue a
new license or permit for a period of one year;
13. To any person who is under the age of 18 years and
who has committed the offense of operating a motor vehicle
without a valid license or permit in violation of Section
6-101 or a similar out of state offense;
14. To any person who is 90 days or more delinquent in
court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days'
obligation or more and who has been found in contempt of
court for failure to pay the support, subject to the
requirements and procedures of Article VII of Chapter 7 of
the Illinois Vehicle Code;
14.5. To any person certified by the Illinois
Department of Healthcare and Family Services as being 90
days or more delinquent in payment of support under an
order of support entered by a court or administrative body
of this or any other State, subject to the requirements and
procedures of Article VII of Chapter 7 of this Code

SB3733 Enrolled - 1475 - LRB096 19592 AMC 34984 b
regarding those certifications;
15. To any person released from a term of imprisonment
for violating Section 9-3 of the Criminal Code of 1961 or a
similar provision of a law of another state relating to
reckless homicide or for violating subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code relating to aggravated driving under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds, or any combination thereof, if the violation was
the proximate cause of a death, within 24 months of release
from a term of imprisonment;
16. To any person who, with intent to influence any act
related to the issuance of any driver's license or permit,
by an employee of the Secretary of State's Office, or the
owner or employee of any commercial driver exam training
school licensed by the Secretary of State, or any other
individual authorized by the laws of this State to give
driving instructions or administer all or part of a
driver's license examination, promises or tenders to that
person any property or personal advantage which that person
is not authorized by law to accept. Any persons promising
or tendering such property or personal advantage shall be
disqualified from holding any class of driver's license or
permit for 120 consecutive days. The Secretary of State
shall establish by rule the procedures for implementing
this period of disqualification and the procedures by which

SB3733 Enrolled - 1476 - LRB096 19592 AMC 34984 b
persons so disqualified may obtain administrative review
of the decision to disqualify;
17. To any person for whom the Secretary of State
cannot verify the accuracy of any information or
documentation submitted in application for a driver's
license; or
18. To any person who has been adjudicated under the
Juvenile Court Act of 1987 based upon an offense that is
determined by the court to have been committed in
furtherance of the criminal activities of an organized
gang, as provided in Section 5-710 of that Act, and that
involved the operation or use of a motor vehicle or the use
of a driver's license or permit. The person shall be denied
a license or permit for the period determined by the court.
The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-685,
eff. 6-23-07; 95-876, eff. 8-21-08; 96-607, eff. 8-24-09;
96-740, eff. 1-1-10; revised 9-15-09.)
(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of
the application and screening process under this Section to

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insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Department of State Police to conduct
fingerprint based criminal background checks on current and
future information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on the effective date of this
Act possess a valid school bus driver permit that has been
previously issued by the appropriate Regional School
Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid
and does not lapse. The applicant shall be required to pay all
related application and fingerprinting fees as established by
rule including, but not limited to, the amounts established by
the Department of State Police and the Federal Bureau of
Investigation to process fingerprint based criminal background
investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State

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Police Services Fund for the cost incurred in processing the
fingerprint based criminal background investigations. All
other fees paid under this Section shall be deposited into the
Road Fund for the purpose of defraying the costs of the
Secretary of State in administering this Section. All
applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;
3. possess a valid driver's license, which has not been
revoked, suspended, or canceled for 3 years immediately
prior to the date of application, or have not had his or
her commercial motor vehicle driving privileges
disqualified within the 3 years immediately prior to the
date of application;
4. successfully pass a written test, administered by
the Secretary of State, on school bus operation, school bus
safety, and special traffic laws relating to school buses
and submit to a review of the applicant's driving habits by
the Secretary of State at the time the written test is
given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,

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including tests for drug use for each applicant not subject
to such testing pursuant to federal law, conducted by a
licensed physician, an advanced practice nurse who has a
written collaborative agreement with a collaborating
physician which authorizes him or her to perform medical
examinations, or a physician assistant who has been
delegated the performance of medical examinations by his or
her supervising physician within 90 days of the date of
application according to standards promulgated by the
Secretary of State;
7. affirm under penalties of perjury that he or she has
not made a false statement or knowingly concealed a
material fact in any application for permit;
8. have completed an initial classroom course,
including first aid procedures, in school bus driver safety
as promulgated by the Secretary of State; and after
satisfactory completion of said initial course an annual
refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been convicted of 2 or more serious traffic
offenses, as defined by rule, within one year prior to the
date of application that may endanger the life or safety of
any of the driver's passengers within the duration of the

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permit period;
10. not have been convicted of reckless driving,
driving while intoxicated, or reckless homicide resulting
from the operation of a motor vehicle within 3 years of the
date of application;
11. not have been convicted of committing or attempting
to commit any one or more of the following offenses: (i)
those offenses defined in Sections 9-1, 9-1.2, 9-2, 9-2.1,
9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6,
10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16,
11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1,
20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
33A-2, and in subsection (a) and subsection (b), clause
(1), of Section 12-4 of the Criminal Code of 1961; (ii)
those offenses defined in the Cannabis Control Act except
those offenses defined in subsections (a) and (b) of
Section 4, and subsection (a) of Section 5 of the Cannabis
Control Act; (iii) those offenses defined in the Illinois
Controlled Substances Act; (iv) those offenses defined in
the Methamphetamine Control and Community Protection Act;
(v) any offense committed or attempted in any other state
or against the laws of the United States, which if

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committed or attempted in this State would be punishable as
one or more of the foregoing offenses; (vi) the offenses
defined in Section 4.1 and 5.1 of the Wrongs to Children
Act and (vii) those offenses defined in Section 6-16 of the
Liquor Control Act of 1934;
12. not have been repeatedly involved as a driver in
motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a motor
vehicle, caused an accident resulting in the death of any
person; and
14. not have, within the last 5 years, been adjudged to
be afflicted with or suffering from any mental disability
or disease.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, social security number and date of birth, a brief

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description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the
holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Department of State
Police that are required for the criminal background
investigations. The employer shall certify in writing to the
Secretary of State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Department of State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present the
certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a

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provisional status pending the completion of the Federal Bureau
of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau
of Investigation by the Department of State Police. The Federal
Bureau of Investigation shall report the findings directly to
the Secretary of State. The Secretary of State shall remove the
bus driver permit from provisional status upon the applicant's
successful completion of the Federal Bureau of Investigation's
criminal background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is convicted
in another state of an offense that would make him or her
ineligible for a permit under subsection (a) of this Section.
The written notification shall be made within 5 days of the
entry of the conviction. Failure of the permit holder to
provide the notification is punishable as a petty offense for a
first violation and a Class B misdemeanor for a second or
subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
driver permit of an applicant whose criminal background
investigation discloses that he or she is not in compliance
with the provisions of subsection (a) of this Section.
(2) The Secretary of State shall cancel a school bus
driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this

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Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or
otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who
fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving notice
from the employer that the holder failed to perform the
inspection procedure set forth in subsection (a) or (b) of
Section 12-816 of this Code.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related

SB3733 Enrolled - 1485 - LRB096 19592 AMC 34984 b
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor who
violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder has
been called to active duty. Upon notification pursuant to this
subsection, (i) the Secretary of State shall characterize the

SB3733 Enrolled - 1486 - LRB096 19592 AMC 34984 b
permit as inactive until a permit holder renews the permit as
provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew a
permit characterized as inactive pursuant to subsection (h) of
this Section by complying with the renewal requirements of
subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
revised 12-1-09.)
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
Sec. 6-303. Driving while driver's license, permit or
privilege to operate a motor vehicle is suspended or revoked.
(a) Except as otherwise provided in subsection (a-5), any
person who drives or is in actual physical control of a motor

SB3733 Enrolled - 1487 - LRB096 19592 AMC 34984 b
vehicle on any highway of this State at a time when such
person's driver's license, permit or privilege to do so or the
privilege to obtain a driver's license or permit is revoked or
suspended as provided by this Code or the law of another state,
except as may be specifically allowed by a judicial driving
permit issued prior to January 1, 2009, monitoring device
driving permit, family financial responsibility driving
permit, probationary license to drive, or a restricted driving
permit issued pursuant to this Code or under the law of another
state, shall be guilty of a Class A misdemeanor.
(a-5) Any person who violates this Section as provided in
subsection (a) while his or her driver's license, permit or
privilege is revoked because of a violation of Section 9-3 of
the Criminal Code of 1961, relating to the offense of reckless
homicide or a similar provision of a law of another state, is
guilty of a Class 4 felony. The person shall be required to
undergo a professional evaluation, as provided in Section
11-501 of this Code, to determine if an alcohol, drug, or
intoxicating compound problem exists and the extent of the
problem, and to undergo the imposition of treatment as
appropriate.
(b) (Blank).
(b-1) Upon receiving a report of the conviction of any
violation indicating a person was operating a motor vehicle
during the time when the person's driver's license, permit or
privilege was suspended by the Secretary of State or the

SB3733 Enrolled - 1488 - LRB096 19592 AMC 34984 b
driver's licensing administrator of another state, except as
specifically allowed by a probationary license, judicial
driving permit, restricted driving permit or monitoring device
driving permit the Secretary shall extend the suspension for
the same period of time as the originally imposed suspension
unless the suspension has already expired, in which case the
Secretary shall be authorized to suspend the person's driving
privileges for the same period of time as the originally
imposed suspension.
(b-2) Except as provided in subsection (b-6), upon
receiving a report of the conviction of any violation
indicating a person was operating a motor vehicle when the
person's driver's license, permit or privilege was revoked by
the Secretary of State or the driver's license administrator of
any other state, except as specifically allowed by a restricted
driving permit issued pursuant to this Code or the law of
another state, the Secretary shall not issue a driver's license
for an additional period of one year from the date of such
conviction indicating such person was operating a vehicle
during such period of revocation.
(b-3) (Blank).
(b-4) When the Secretary of State receives a report of a
conviction of any violation indicating a person was operating a
motor vehicle that was not equipped with an ignition interlock
device during a time when the person was prohibited from
operating a motor vehicle not equipped with such a device, the

SB3733 Enrolled - 1489 - LRB096 19592 AMC 34984 b
Secretary shall not issue a driver's license to that person for
an additional period of one year from the date of the
conviction.
(b-5) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 30 consecutive days or
300 hours of community service when the person's driving
privilege was revoked or suspended as a result of a violation
of Section 9-3 of the Criminal Code of 1961, as amended,
relating to the offense of reckless homicide, or a similar
provision of a law of another state.
(b-6) Upon receiving a report of a first conviction of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 relating
to the offense of reckless homicide or a similar out-of-state
offense, the Secretary shall not issue a driver's license for
an additional period of three years from the date of such
conviction.
(c) Except as provided in subsections (c-3) and (c-4), any
person convicted of violating this Section shall serve a
minimum term of imprisonment of 10 consecutive days or 30 days
of community service when the person's driving privilege was
revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a

SB3733 Enrolled - 1490 - LRB096 19592 AMC 34984 b
vehicle while under the influence of alcohol, any other
drug or any combination thereof; or
(2) a violation of paragraph (b) of Section 11-401 of
this Code or a similar provision of a local ordinance
relating to the offense of leaving the scene of a motor
vehicle accident involving personal injury or death; or
(3) a statutory summary suspension under Section
11-501.1 of this Code.
Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such sentence.
(c-1) Except as provided in subsections (c-5) and (d), any
person convicted of a second violation of this Section shall be
ordered by the court to serve a minimum of 100 hours of
community service.
(c-2) In addition to other penalties imposed under this
Section, the court may impose on any person convicted a fourth
time of violating this Section any of the following:
(1) Seizure of the license plates of the person's
vehicle.
(2) Immobilization of the person's vehicle for a period
of time to be determined by the court.
(c-3) Any person convicted of a violation of this Section
during a period of summary suspension imposed pursuant to
Section 11-501.1 when the person was eligible for a MDDP shall
be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days.

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(c-4) Any person who has been issued a MDDP and who is
convicted of a violation of this Section as a result of
operating or being in actual physical control of a motor
vehicle not equipped with an ignition interlock device at the
time of the offense shall be guilty of a Class 4 felony and
shall serve a minimum term of imprisonment of 30 days.
(c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for
probation or conditional discharge, and shall serve a mandatory
term of imprisonment, if the revocation or suspension was for a
violation of Section 9-3 of the Criminal Code of 1961, relating
to the offense of reckless homicide, or a similar out-of-state
offense.
(d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a
minimum term of imprisonment of 30 days or 300 hours of
community service, as determined by the court, if the original
revocation or suspension was for a violation of Section 11-401
or 11-501 of this Code, or a similar out-of-state offense, or a
similar provision of a local ordinance, or a statutory summary
suspension under Section 11-501.1 of this Code.
(d-1) Except as provided in subsections (d-2), (d-2.5), and
(d-3), any person convicted of a third or subsequent violation
of this Section shall serve a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court.

SB3733 Enrolled - 1492 - LRB096 19592 AMC 34984 b
(d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum
term of imprisonment of 30 days if the revocation or suspension
was for a violation of Section 11-401 or 11-501 of this Code,
or a similar out-of-state offense, or a similar provision of a
local ordinance, or a statutory summary suspension under
Section 11-501.1 of this Code.
(d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for
probation or conditional discharge, and must serve a mandatory
term of imprisonment if the revocation or suspension was for a
violation of Section 9-3 of the Criminal Code of 1961, relating
to the offense of reckless homicide, or a similar out-of-state
offense. The person's driving privileges shall be revoked for
the remainder of the person's life.
(d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth violation of this Section is guilty
of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days if the revocation or suspension was
for a violation of Section 11-401 or 11-501 of this Code, or a
similar out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension under Section
11-501.1 of this Code.
(d-3.5) Any person convicted of a fourth or subsequent
violation of this Section is guilty of a Class 1 felony, is not
eligible for probation or conditional discharge, and must serve

SB3733 Enrolled - 1493 - LRB096 19592 AMC 34984 b
a mandatory term of imprisonment, and is eligible for an
extended term, if the revocation or suspension was for a
violation of Section 9-3 of the Criminal Code of 1961, relating
to the offense of reckless homicide, or a similar out-of-state
offense.
(d-4) Any person convicted of a tenth, eleventh, twelfth,
thirteenth, or fourteenth violation of this Section is guilty
of a Class 3 felony, and is not eligible for probation or
conditional discharge, if the revocation or suspension was for
a violation of Section 11-401 or 11-501 of this Code, or a
similar out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension under Section
11-501.1 of this Code.
(d-5) Any person convicted of a fifteenth or subsequent
violation of this Section is guilty of a Class 2 felony, and is
not eligible for probation or conditional discharge, if the
revocation or suspension was for a violation of Section 11-401
or 11-501 of this Code, or a similar out-of-state offense, or a
similar provision of a local ordinance, or a statutory summary
suspension under Section 11-501.1 of this Code.
(e) Any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements, in addition to other penalties imposed
under this Section, shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed

SB3733 Enrolled - 1494 - LRB096 19592 AMC 34984 b
driver upon a showing of proof of insurance for the vehicle
that was impounded and the notarized written consent for the
release by the vehicle owner.
(f) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(g) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 1961 if the person's
driving privilege was revoked or suspended as a result of a
violation listed in paragraph (1) or (2) of subsection (c) of
this Section, as a result of a summary suspension as provided
in paragraph (3) of subsection (c) of this Section, or as a
result of a violation of Section 9-3 of the Criminal Code of
1961 relating to the offense of reckless homicide.
(Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400,
eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991,
eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; revised
9-15-09.)
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles and automated traffic law violations.
(a) Any municipality may provide by ordinance for a system
of administrative adjudication of vehicular standing and

SB3733 Enrolled - 1495 - LRB096 19592 AMC 34984 b
parking violations and vehicle compliance violations as
defined in this subsection and automated traffic law violations
as defined in Section 11-208.6 or 11-1201.1. The administrative
system shall have as its purpose the fair and efficient
enforcement of municipal regulations through the
administrative adjudication of automated traffic law
violations and violations of municipal ordinances regulating
the standing and parking of vehicles, the condition and use of
vehicle equipment, and the display of municipal wheel tax
licenses within the municipality's borders. The administrative
system shall only have authority to adjudicate civil offenses
carrying fines not in excess of $500 or requiring the
completion of a traffic education program, or both, that occur
after the effective date of the ordinance adopting such a
system under this Section. For purposes of this Section,
"compliance violation" means a violation of a municipal
regulation governing the condition or use of equipment on a
vehicle or governing the display of a municipal wheel tax
license.
(b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
(1) A traffic compliance administrator authorized to
adopt, distribute and process parking, compliance, and
automated traffic law violation notices and other notices
required by this Section, collect money paid as fines and
penalties for violation of parking and compliance

SB3733 Enrolled - 1496 - LRB096 19592 AMC 34984 b
ordinances and automated traffic law violations, and
operate an administrative adjudication system. The traffic
compliance administrator also may make a certified report
to the Secretary of State under Section 6-306.5.
(2) A parking, standing, compliance, or automated
traffic law violation notice that shall specify the date,
time, and place of violation of a parking, standing,
compliance, or automated traffic law regulation; the
particular regulation violated; any requirement to
complete a traffic education program; the fine and any
penalty that may be assessed for late payment or failure to
complete a required traffic education program, or both,
when so provided by ordinance; the vehicle make and state
registration number; and the identification number of the
person issuing the notice. With regard to automated traffic
law violations, vehicle make shall be specified on the
automated traffic law violation notice if the make is
available and readily discernible. With regard to
municipalities with a population of 1 million or more, it
shall be grounds for dismissal of a parking violation if
the state registration number or vehicle make specified is
incorrect. The violation notice shall state that the
completion of any required traffic education program, the
payment of any indicated fine, and the payment of any
applicable penalty for late payment or failure to complete
a required traffic education program, or both, shall

SB3733 Enrolled - 1497 - LRB096 19592 AMC 34984 b
operate as a final disposition of the violation. The notice
also shall contain information as to the availability of a
hearing in which the violation may be contested on its
merits. The violation notice shall specify the time and
manner in which a hearing may be had.
(3) Service of the parking, standing, or compliance
violation notice by affixing the original or a facsimile of
the notice to an unlawfully parked vehicle or by handing
the notice to the operator of a vehicle if he or she is
present and service of an automated traffic law violation
notice by mail to the address of the registered owner of
the cited vehicle as recorded with the Secretary of State
within 30 days after the Secretary of State notifies the
municipality or county of the identity of the owner of the
vehicle, but in no event later than 90 days after the
violation. A person authorized by ordinance to issue and
serve parking, standing, and compliance violation notices
shall certify as to the correctness of the facts entered on
the violation notice by signing his or her name to the
notice at the time of service or in the case of a notice
produced by a computerized device, by signing a single
certificate to be kept by the traffic compliance
administrator attesting to the correctness of all notices
produced by the device while it was under his or her
control. In the case of an automated traffic law violation,
the ordinance shall require a determination by a technician

SB3733 Enrolled - 1498 - LRB096 19592 AMC 34984 b
employed or contracted by the municipality or county that,
based on inspection of recorded images, the motor vehicle
was being operated in violation of Section 11-208.6 or
11-1201.1 or a local ordinance. If the technician
determines that the vehicle entered the intersection as
part of a funeral procession or in order to yield the
right-of-way to an emergency vehicle, a citation shall not
be issued. The original or a facsimile of the violation
notice or, in the case of a notice produced by a
computerized device, a printed record generated by the
device showing the facts entered on the notice, shall be
retained by the traffic compliance administrator, and
shall be a record kept in the ordinary course of business.
A parking, standing, compliance, or automated traffic law
violation notice issued, signed and served in accordance
with this Section, a copy of the notice, or the computer
generated record shall be prima facie correct and shall be
prima facie evidence of the correctness of the facts shown
on the notice. The notice, copy, or computer generated
record shall be admissible in any subsequent
administrative or legal proceedings.
(4) An opportunity for a hearing for the registered
owner of the vehicle cited in the parking, standing,
compliance, or automated traffic law violation notice in
which the owner may contest the merits of the alleged
violation, and during which formal or technical rules of

SB3733 Enrolled - 1499 - LRB096 19592 AMC 34984 b
evidence shall not apply; provided, however, that under
Section 11-1306 of this Code the lessee of a vehicle cited
in the violation notice likewise shall be provided an
opportunity for a hearing of the same kind afforded the
registered owner. The hearings shall be recorded, and the
person conducting the hearing on behalf of the traffic
compliance administrator shall be empowered to administer
oaths and to secure by subpoena both the attendance and
testimony of witnesses and the production of relevant books
and papers. Persons appearing at a hearing under this
Section may be represented by counsel at their expense. The
ordinance may also provide for internal administrative
review following the decision of the hearing officer.
(5) Service of additional notices, sent by first class
United States mail, postage prepaid, to the address of the
registered owner of the cited vehicle as recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database,
or, under Section 11-1306 of this Code, to the lessee of
the cited vehicle at the last address known to the lessor
of the cited vehicle at the time of lease or, if any notice
to that address is returned as undeliverable, to the last
known address recorded in a United States Post Office
approved database. The service shall be deemed complete as
of the date of deposit in the United States mail. The

SB3733 Enrolled - 1500 - LRB096 19592 AMC 34984 b
notices shall be in the following sequence and shall
include but not be limited to the information specified
herein:
(i) A second notice of parking, standing, or
compliance violation. This notice shall specify the
date and location of the violation cited in the
parking, standing, or compliance violation notice, the
particular regulation violated, the vehicle make and
state registration number, any requirement to complete
a traffic education program, the fine and any penalty
that may be assessed for late payment or failure to
complete a traffic education program, or both, when so
provided by ordinance, the availability of a hearing in
which the violation may be contested on its merits, and
the time and manner in which the hearing may be had.
The notice of violation shall also state that failure
to complete a required traffic education program, to
pay the indicated fine and any applicable penalty, or
to appear at a hearing on the merits in the time and
manner specified, will result in a final determination
of violation liability for the cited violation in the
amount of the fine or penalty indicated, and that, upon
the occurrence of a final determination of violation
liability for the failure, and the exhaustion of, or
failure to exhaust, available administrative or
judicial procedures for review, any incomplete traffic

SB3733 Enrolled - 1501 - LRB096 19592 AMC 34984 b
education program or any unpaid fine or penalty, or
both, will constitute a debt due and owing the
municipality.
(ii) A notice of final determination of parking,
standing, compliance, or automated traffic law
violation liability. This notice shall be sent
following a final determination of parking, standing,
compliance, or automated traffic law violation
liability and the conclusion of judicial review
procedures taken under this Section. The notice shall
state that the incomplete traffic education program or
the unpaid fine or penalty, or both, is a debt due and
owing the municipality. The notice shall contain
warnings that failure to complete any required traffic
education program or to pay any fine or penalty due and
owing the municipality, or both, within the time
specified may result in the municipality's filing of a
petition in the Circuit Court to have the incomplete
traffic education program or unpaid fine or penalty, or
both, rendered a judgment as provided by this Section,
or may result in suspension of the person's drivers
license for failure to complete a traffic education
program or to pay fines or penalties, or both, for 10
or more parking violations under Section 6-306.5 or 5
or more automated traffic law violations under Section
11-208.6.

SB3733 Enrolled - 1502 - LRB096 19592 AMC 34984 b
(6) A notice of impending drivers license suspension.
This notice shall be sent to the person liable for failure
to complete a required traffic education program or to pay
any fine or penalty that remains due and owing, or both, on
10 or more parking violations or 5 or more unpaid automated
traffic law violations. The notice shall state that failure
to complete a required traffic education program or to pay
the fine or penalty owing, or both, within 45 days of the
notice's date will result in the municipality notifying the
Secretary of State that the person is eligible for
initiation of suspension proceedings under Section 6-306.5
of this Code. The notice shall also state that the person
may obtain a photostatic copy of an original ticket
imposing a fine or penalty by sending a self addressed,
stamped envelope to the municipality along with a request
for the photostatic copy. The notice of impending drivers
license suspension shall be sent by first class United
States mail, postage prepaid, to the address recorded with
the Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database.
(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to complete the required traffic
education program or to pay the fine or penalty, or both,
after a hearing officer's determination of violation

SB3733 Enrolled - 1503 - LRB096 19592 AMC 34984 b
liability and the exhaustion of or failure to exhaust any
administrative review procedures provided by ordinance.
Where a person fails to appear at a hearing to contest the
alleged violation in the time and manner specified in a
prior mailed notice, the hearing officer's determination
of violation liability shall become final: (A) upon denial
of a timely petition to set aside that determination, or
(B) upon expiration of the period for filing the petition
without a filing having been made.
(8) A petition to set aside a determination of parking,
standing, compliance, or automated traffic law violation
liability that may be filed by a person owing an unpaid
fine or penalty. A petition to set aside a determination of
liability may also be filed by a person required to
complete a traffic education program. The petition shall be
filed with and ruled upon by the traffic compliance
administrator in the manner and within the time specified
by ordinance. The grounds for the petition may be limited
to: (A) the person not having been the owner or lessee of
the cited vehicle on the date the violation notice was
issued, (B) the person having already completed the
required traffic education program or paid the fine or
penalty, or both, for the violation in question, and (C)
excusable failure to appear at or request a new date for a
hearing. With regard to municipalities with a population of
1 million or more, it shall be grounds for dismissal of a

SB3733 Enrolled - 1504 - LRB096 19592 AMC 34984 b
parking violation if the state registration number, or
vehicle make if specified, is incorrect. After the
determination of parking, standing, compliance, or
automated traffic law violation liability has been set
aside upon a showing of just cause, the registered owner
shall be provided with a hearing on the merits for that
violation.
(9) Procedures for non-residents. Procedures by which
persons who are not residents of the municipality may
contest the merits of the alleged violation without
attending a hearing.
(10) A schedule of civil fines for violations of
vehicular standing, parking, compliance, or automated
traffic law regulations enacted by ordinance pursuant to
this Section, and a schedule of penalties for late payment
of the fines or failure to complete required traffic
education programs, provided, however, that the total
amount of the fine and penalty for any one violation shall
not exceed $250, except as provided in subsection (c) of
Section 11-1301.3 of this Code.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated in
this Section.
(c) Any municipality establishing vehicular standing,
parking, compliance, or automated traffic law regulations
under this Section may also provide by ordinance for a program

SB3733 Enrolled - 1505 - LRB096 19592 AMC 34984 b
of vehicle immobilization for the purpose of facilitating
enforcement of those regulations. The program of vehicle
immobilization shall provide for immobilizing any eligible
vehicle upon the public way by presence of a restraint in a
manner to prevent operation of the vehicle. Any ordinance
establishing a program of vehicle immobilization under this
Section shall provide:
(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle has
accumulated the number of incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, or automated traffic law violation
liability, or both, as determined by ordinance.
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic
education programs or unpaid final determinations of
parking, standing, compliance, or automated traffic law
violation liability, or both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, or automated traffic law violations,
or both, for which final determinations have been issued.

SB3733 Enrolled - 1506 - LRB096 19592 AMC 34984 b
An order issued after the hearing is a final administrative
decision within the meaning of Section 3-101 of the Code of
Civil Procedure.
(4) A post immobilization and post-towing notice
advising the registered owner of the vehicle of the right
to a hearing to challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,
standing, compliance, or automated traffic law violations and
final administrative decisions issued after hearings regarding
vehicle immobilization and impoundment made under this Section
shall be subject to the provisions of the Administrative Review
Law.
(e) Any fine, penalty, incomplete traffic education
program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Section and the
conclusion of any judicial review procedures shall be a debt
due and owing the municipality and, as such, may be collected
in accordance with applicable law. Completion of any required
traffic education program and payment in full of any fine or
penalty resulting from a standing, parking, compliance, or
automated traffic law violation shall constitute a final
disposition of that violation.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, or automated traffic law

SB3733 Enrolled - 1507 - LRB096 19592 AMC 34984 b
violation, the municipality may commence a proceeding in the
Circuit Court for purposes of obtaining a judgment on the final
determination of violation. Nothing in this Section shall
prevent a municipality from consolidating multiple final
determinations of parking, standing, compliance, or automated
traffic law violations against a person in a proceeding. Upon
commencement of the action, the municipality shall file a
certified copy or record of the final determination of parking,
standing, compliance, or automated traffic law violation,
which shall be accompanied by a certification that recites
facts sufficient to show that the final determination of
violation was issued in accordance with this Section and the
applicable municipal ordinance. Service of the summons and a
copy of the petition may be by any method provided by Section
2-203 of the Code of Civil Procedure or by certified mail,
return receipt requested, provided that the total amount of
fines and penalties for final determinations of parking,
standing, compliance, or automated traffic law violations does
not exceed $2500. If the court is satisfied that the final
determination of parking, standing, compliance, or automated
traffic law violation was entered in accordance with the
requirements of this Section and the applicable municipal
ordinance, and that the registered owner or the lessee, as the
case may be, had an opportunity for an administrative hearing
and for judicial review as provided in this Section, the court
shall render judgment in favor of the municipality and against

SB3733 Enrolled - 1508 - LRB096 19592 AMC 34984 b
the registered owner or the lessee for the amount indicated in
the final determination of parking, standing, compliance, or
automated traffic law violation, plus costs. The judgment shall
have the same effect and may be enforced in the same manner as
other judgments for the recovery of money.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 95-331, eff. 8-21-07; 96-288, eff. 8-11-09;
96-478, eff. 1-1-10; revised 9-4-09.)
(625 ILCS 5/11-605.2)
Sec. 11-605.2. Delegation of authority to set a special
speed limit while traveling through highway construction or
maintenance zones.
(a) A local agency may delegate to its superintendent of
highways the authority to set and post a reduced speed limit
for a construction or maintenance zone, as defined in Section
11-605.1 11-605, under subsection (c) (b) of that Section.
(b) If a superintendent of highways sets a reduced speed

SB3733 Enrolled - 1509 - LRB096 19592 AMC 34984 b
limit for a construction or maintenance zone in accordance with
this Section, the local agency must maintain a record that
indicates:
(1) the location of the construction or maintenance
zone;
(2) the reduced speed limit set and posted for the
construction or maintenance zone; and
(3) the dates during which the reduced speed limit was
in effect.
(Source: P.A. 93-947, eff. 8-19-04; revised 11-4-09.)
(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
Sec. 11-1301.2. Special decals for parking; persons a
person with disabilities parking.
(a) The Secretary of State shall provide for, by
administrative rules, the design, size, color, and placement of
a person with disabilities motorist decal or device and shall
provide for, by administrative rules, the content and form of
an application for a person with disabilities motorist decal or
device, which shall be used by local authorities in the
issuance thereof to a person with temporary disabilities,
provided that the decal or device is valid for no more than 90
days, subject to renewal for like periods based upon continued
disability, and further provided that the decal or device
clearly sets forth the date that the decal or device expires.
The application shall include the requirement of an Illinois

SB3733 Enrolled - 1510 - LRB096 19592 AMC 34984 b
Identification Card number or a State of Illinois driver's
license number. This decal or device may be used by the
authorized holder to designate and identify a vehicle not owned
or displaying a registration plate as provided in Sections
3-609 and 3-616 of this Act to designate when the vehicle is
being used to transport said person or persons with
disabilities, and thus is entitled to enjoy all the privileges
that would be afforded a person with disabilities licensed
vehicle. Person with disabilities decals or devices issued and
displayed pursuant to this Section shall be recognized and
honored by all local authorities regardless of which local
authority issued such decal or device.
The decal or device shall be issued only upon a showing by
adequate documentation that the person for whose benefit the
decal or device is to be used has a temporary disability as
defined in Section 1-159.1 of this Code.
(b) The local governing authorities shall be responsible
for the provision of such decal or device, its issuance and
designated placement within the vehicle. The cost of such decal
or device shall be at the discretion of such local governing
authority.
(c) The Secretary of State may, pursuant to Section
3-616(c), issue a person with disabilities parking decal or
device to a person with disabilities as defined by Section
1-159.1. Any person with disabilities parking decal or device
issued by the Secretary of State shall be registered to that

SB3733 Enrolled - 1511 - LRB096 19592 AMC 34984 b
person with disabilities in the form to be prescribed by the
Secretary of State. The person with disabilities parking decal
or device shall not display that person's address. One
additional decal or device may be issued to an applicant upon
his or her written request and with the approval of the
Secretary of State. The written request must include a
justification of the need for the additional decal or device.
(d) Replacement decals or devices may be issued for lost,
stolen, or destroyed decals upon application and payment of a
$10 fee. The replacement fee may be waived for individuals that
have claimed and received a grant under the Senior Citizens and
Disabled Persons Property Tax Relief and Pharmaceutical
Assistance Act.
(Source: P.A. 95-167, eff. 1-1-08; 96-72, eff. 1-1-10; 96-79,
eff. 1-1-10; revised 11-4-09.)
(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
Sec. 11-1301.3. Unauthorized use of parking places
reserved for persons with disabilities.
(a) It shall be prohibited to park any motor vehicle which
is not properly displaying registration plates or decals issued
to a person with disabilities, as defined by Section 1-159.1,
pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
disabled veteran pursuant to Section 3-609 of this Act, as
evidence that the vehicle is operated by or for a person with
disabilities or disabled veteran, in any parking place,

SB3733 Enrolled - 1512 - LRB096 19592 AMC 34984 b
including any private or public offstreet parking facility,
specifically reserved, by the posting of an official sign as
designated under Section 11-301, for motor vehicles displaying
such registration plates. It shall be prohibited to park any
motor vehicle in a designated access aisle adjacent to any
parking place specifically reserved for persons with
disabilities, by the posting of an official sign as designated
under Section 11-301, for motor vehicles displaying such
registration plates. When using the parking privileges for
persons with disabilities, the parking decal or device must be
displayed properly in the vehicle where it is clearly visible
to law enforcement personnel, either hanging from the rearview
mirror or placed on the dashboard of the vehicle in clear view.
Disability license plates and parking decals and devices are
not transferable from person to person. Proper usage of the
disability license plate or parking decal or device requires
the authorized holder to be present and enter or exit the
vehicle at the time the parking privileges are being used. It
is a violation of this Section to park in a space reserved for
a person with disabilities if the authorized holder of the
disability license plate or parking decal or device does not
enter or exit the vehicle at the time the parking privileges
are being used. Any motor vehicle properly displaying a
disability license plate or a parking decal or device
containing the International symbol of access issued to persons
with disabilities by any local authority, state, district,

SB3733 Enrolled - 1513 - LRB096 19592 AMC 34984 b
territory or foreign country shall be recognized by State and
local authorities as a valid license plate or device and
receive the same parking privileges as residents of this State.
(a-1) An individual with a vehicle displaying disability
license plates or a parking decal or device issued to a
qualified person with a disability under Sections 3-616,
11-1301.1, or 11-1301.2 or to a disabled veteran under Section
3-609 is in violation of this Section if (i) the person using
the disability license plate or parking decal or device is not
the authorized holder of the disability license plate or
parking decal or device or is not transporting the authorized
holder of the disability license plate or parking decal or
device to or from the parking location and (ii) the person uses
the disability license plate or parking decal or device to
exercise any privileges granted through the disability license
plate or parking decals or devices under this Code.
(b) Any person or local authority owning or operating any
public or private offstreet parking facility may, after
notifying the police or sheriff's department, remove or cause
to be removed to the nearest garage or other place of safety
any vehicle parked within a stall or space reserved for use by
a person with disabilities which does not display person with
disabilities registration plates or a special decal or device
as required under this Section.
(c) Any person found guilty of violating the provisions of
subsection (a) shall be fined $250 in addition to any costs or

SB3733 Enrolled - 1514 - LRB096 19592 AMC 34984 b
charges connected with the removal or storage of any motor
vehicle authorized under this Section; but municipalities by
ordinance may impose a fine up to $350 and shall display signs
indicating the fine imposed. If the amount of the fine is
subsequently changed, the municipality shall change the sign to
indicate the current amount of the fine. It shall not be a
defense to a charge under this Section that either the sign
posted pursuant to this Section or the intended accessible
parking place does not comply with the technical requirements
of Section 11-301, Department regulations, or local ordinance
if a reasonable person would be made aware by the sign or
notice on or near the parking place that the place is reserved
for a person with disabilities.
(c-1) Any person found guilty of violating the provisions
of subsection (a-1) a first time shall be fined $500. Any
person found guilty of violating subsection (a-1) a second time
shall be fined $750, and the Secretary of State may revoke the
person's driving privileges or suspend those privileges for a
period of time to be determined by the Secretary. Any person
found guilty of violating subsection (a-1) a third or
subsequent time shall be fined $1,000. The circuit clerk shall
distribute 50% of the fine imposed on any person who is found
guilty of or pleads guilty to violating this Section, including
any person placed on court supervision for violating this
Section, to the law enforcement agency that issued the citation
or made the arrest. If more than one law enforcement agency is

SB3733 Enrolled - 1515 - LRB096 19592 AMC 34984 b
responsible for issuing the citation or making the arrest, the
50% of the fine imposed shall be shared equally. If an officer
of the Secretary of State Department of Police arrested a
person for a violation of this Section, 50% of the fine imposed
shall be deposited into the Secretary of State Police Services
Fund.
(d) Local authorities shall impose fines as established in
subsections (c) and (c-1) for violations of this Section.
(e) As used in this Section, "authorized holder" means an
individual issued a disability license plate under Section
3-616 of this Code, an individual issued a parking decal or
device under Section 11-1301.2 of this Code, or an individual
issued a disabled veteran's license plate under Section 3-609
of this Code.
(f) Any person who commits a violation of subsection (a-1)
may have his or her driving privileges suspended or revoked by
the Secretary of State for a period of time determined by the
Secretary of State. The Secretary of State may also suspend or
revoke the disability license plates or parking decal or device
for a period of time determined by the Secretary of State.
(g) Any police officer may seize the parking decal or
device from any person who commits a violation of this Section.
Any police officer may seize the disability license plate upon
authorization from the Secretary of State. Any police officer
may request that the Secretary of State revoke the parking
decal or device or the disability license plate of any person

SB3733 Enrolled - 1516 - LRB096 19592 AMC 34984 b
who commits a violation of this Section.
(Source: P.A. 95-167, eff. 1-1-08; 95-430, eff. 6-1-08; 95-876,
eff. 8-21-08; 96-72, eff. 1-1-10; 96-79, eff. 1-1-10; revised
8-20-09.)
(625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
Sec. 12-503. Windshields must be unobstructed and equipped
with wipers.
(a) No person shall drive a motor vehicle with any sign,
poster, window application, reflective material, nonreflective
material or tinted film upon the front windshield, except that
a nonreflective tinted film may be used along the uppermost
portion of the windshield if such material does not extend more
than 6 inches down from the top of the windshield.
(a-5) No window treatment or tinting shall be applied to
the windows immediately adjacent to each side of the driver,
except:
(1) on vehicles where none of the windows to the rear
of the driver's seat are treated in a manner that allows
less than 30% light transmittance, a nonreflective tinted
film that allows at least 50% light transmittance, with a
5% variance observed by any law enforcement official
metering the light transmittance, may be used on the side
windows immediately adjacent to each side of the driver.
(2) on vehicles where none of the windows to the rear
of the driver's seat are treated in a manner that allows

SB3733 Enrolled - 1517 - LRB096 19592 AMC 34984 b
less than 35% light transmittance, a nonreflective tinted
film that allows at least 35% light transmittance, with a
5% variance observed by any law enforcement official
metering the light transmittance, may be used on the side
windows immediately adjacent to each side of the driver.
(3) on multipurpose passenger vehicles, as defined by
Section 1-148.3b of this Code, a nonreflective tinted film
originally applied by the manufacturer, that allows at
least 50% light transmittance, with a 5% variance observed
by any law enforcement official metering the light
transmittance, may be used on the side windows immediately
adjacent to each side of the driver.
(a-10) (a-5) No person shall install or repair any material
prohibited by subsection (a) of this Section.
(1) Nothing in this subsection shall prohibit a person
from removing or altering any material prohibited by
subsection (a) to make a motor vehicle comply with the
requirements of this Section.
(2) Nothing in this subsection shall prohibit a person
from installing window treatment for a person with a
medical condition described in subsection (g) of this
Section. An installer who installs window treatment for a
person with a medical condition described in subsection (g)
must obtain a copy of the certified statement or letter
written by a physician described in subsection (g) from the
person with the medical condition prior to installing the

SB3733 Enrolled - 1518 - LRB096 19592 AMC 34984 b
window treatment. The copy of the certified statement or
letter must be kept in the installer's permanent records.
(b) On motor vehicles where window treatment has not been
applied to the windows immediately adjacent to each side of the
driver, the use of a nonreflective, smoked or tinted glass,
nonreflective film, perforated window screen or other
decorative window application on windows to the rear of the
driver's seat shall be allowed, except that any motor vehicle
with a window to the rear of the driver's seat treated in this
manner shall be equipped with a side mirror on each side of the
motor vehicle which are in conformance with Section 12-502.
(c) No person shall drive a motor vehicle with any objects
placed or suspended between the driver and the front
windshield, rear window, side wings or side windows immediately
adjacent to each side of the driver which materially obstructs
the driver's view.
(d) Every motor vehicle, except motorcycles, shall be
equipped with a device, controlled by the driver, for cleaning
rain, snow, moisture or other obstructions from the windshield;
and no person shall drive a motor vehicle with snow, ice,
moisture or other material on any of the windows or mirrors,
which materially obstructs the driver's clear view of the
highway.
(e) No person shall drive a motor vehicle when the
windshield, side or rear windows are in such defective
condition or repair as to materially impair the driver's view

SB3733 Enrolled - 1519 - LRB096 19592 AMC 34984 b
to the front, side or rear. A vehicle equipped with a side
mirror on each side of the vehicle which are in conformance
with Section 12-502 will be deemed to be in compliance in the
event the rear window of the vehicle is materially obscured.
(f) Paragraphs (a), (a-5), and (b) of this Section shall
not apply to:
(1) (Blank).
(2) to those motor vehicles properly registered in
another jurisdiction.
(g) Paragraphs (a) and (a-5) of this Section shall not
apply to window treatment, including but not limited to a
window application, nonreflective material, or tinted film,
applied or affixed to a motor vehicle for which distinctive
license plates or license plate stickers have been issued
pursuant to subsection (k) of Section 3-412 of this Code, and
which:
(1) is owned and operated by a person afflicted with or
suffering from a medical disease, including but not limited
to systemic or discoid lupus erythematosus, disseminated
superficial actinic porokeratosis, or albinism, which
would require that person to be shielded from the direct
rays of the sun; or
(2) is used in transporting a person when the person
resides at the same address as the registered owner of the
vehicle and the person is afflicted with or suffering from
a medical disease which would require the person to be

SB3733 Enrolled - 1520 - LRB096 19592 AMC 34984 b
shielded from the direct rays of the sun, including but not
limited to systemic or discoid lupus erythematosus,
disseminated superficial actinic porokeratosis, or
albinism.
The owner must obtain a certified statement or letter
written by a physician licensed to practice medicine in
Illinois that such person owning and operating or being
transported in a motor vehicle is afflicted with or suffers
from such disease, including but not limited to systemic or
discoid lupus erythematosus, disseminated superficial
actinic porokeratosis, or albinism. However, no exemption
from the requirements of subsection (a-5) shall be granted
for any condition, such as light sensitivity, for which
protection from the direct rays of the sun can be
adequately obtained by the use of sunglasses or other eye
protective devices.
Such certification must be carried in the motor vehicle
at all times. The certification shall be legible and shall
contain the date of issuance, the name, address and
signature of the attending physician, and the name,
address, and medical condition of the person requiring
exemption. The information on the certificate for a window
treatment must remain current and shall be renewed annually
by the attending physician. The owner shall also submit a
copy of the certification to the Secretary of State. The
Secretary of State may forward notice of certification to

SB3733 Enrolled - 1521 - LRB096 19592 AMC 34984 b
law enforcement agencies.
(g-5) (Blank).
(g-7) Installers shall only install window treatment
authorized by subsection (g) on motor vehicles for which
distinctive plates or license plate stickers have been issued
pursuant to subsection (k) of Section 3-412 of this Code. The
distinctive license plates or plate sticker must be on the
motor vehicle at the time of window treatment installation.
(h) Paragraph (a) of this Section shall not apply to motor
vehicle stickers or other certificates issued by State or local
authorities which are required to be displayed upon motor
vehicle windows to evidence compliance with requirements
concerning motor vehicles.
(i) (Blank).
(j) A person found guilty of violating paragraphs (a),
(a-5), (a-10), (b), or (g-7) of this Section shall be guilty of
a petty offense and fined no less than $50 nor more than $500.
A second or subsequent violation of paragraphs (a), (a-5),
(a-10), (b), or (g-7) of this Section shall be treated as a
Class C misdemeanor and the violator fined no less than $100
nor more than $500. Any person convicted under paragraphs (a),
(a-5), or (b) of this Section shall be ordered to alter any
nonconforming windows into compliance with this Section.
(k) Nothing in this Section shall create a cause of action
on behalf of a buyer against a vehicle dealer or manufacturer
who sells a motor vehicle with a window which is in violation

SB3733 Enrolled - 1522 - LRB096 19592 AMC 34984 b
of this Section.
(l) (k) The Secretary of State shall provide a notice of
the requirements of this Section to a new resident applying for
vehicle registration in this State pursuant to Section 3-801 of
this Code. The Secretary of State may comply with this
subsection by posting the requirements of this Section on the
Secretary of State's website.
(Source: P.A. 95-202, eff. 8-16-07; 96-530, eff. 1-1-10;
96-815, eff. 10-30-09; revised 11-9-09.)
(625 ILCS 5/12-610.2)
Sec. 12-610.2. Electronic communication devices.
(a) As used in this Section:
"Electronic communication device" means an electronic
device, including but not limited to a wireless telephone,
personal digital assistant, or a portable or mobile computer
while being used for the purpose of composing, reading, or
sending an electronic message, but does not include a global
positioning system or navigation system or a device that is
physically or electronically integrated into the motor
vehicle.
"Electronic message" means a self-contained piece of
digital communication that is designed or intended to be
transmitted between physical devices. "Electronic message"
includes, but is not limited to electronic mail, a text
message, an instant message, or a command or request to access

SB3733 Enrolled - 1523 - LRB096 19592 AMC 34984 b
an Internet site.
(b) A person may not operate a motor vehicle on a roadway
while using an electronic communication device to compose,
send, or read an electronic message.
(c) A violation of this Section is an offense against
traffic regulations governing the movement of vehicles.
(d) This Section does not apply to:
(1) a law enforcement officer or operator of an
emergency vehicle while performing his or her official
duties;
(2) a driver using an electronic communication device
for the sole purpose of reporting an emergency situation
and continued communication with emergency personnel
during the emergency situation;
(3) a driver using an electronic communication device
in hands-free or voice-activated mode; or
(4) a driver of a commercial motor vehicle reading a
message displayed on a permanently installed communication
device designed for a commercial motor vehicle with a
screen that does not exceed 10 inches tall by 10 inches
wide in size;
(5) a driver using an electronic communication device
while parked on the shoulder of a roadway; or
(6) a driver using an electronic communication device
when the vehicle is stopped due to normal traffic being
obstructed and the driver has the motor vehicle

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transmission in neutral or park.
(Source: P.A. 96-130, eff. 1-1-10; revised 11-4-09.)
(625 ILCS 5/12-821)
(Text of Section before amendment by P.A. 96-410)
Sec. 12-821. Display of telephone number; complaint calls.
(a) Each school bus shall display at the rear of the bus a
sign, with letters and numerals readily visible and readable,
indicating the area code and telephone number of the owner of
the school bus, regardless of whether the owner is a school
district or another person or entity. The sign shall be in the
following form:
"TO COMMENT ON MY DRIVING, CALL (area code and telephone
number of school bus owner)".
A school bus owner who placed a sign conforming to the
requirements of Public Act 95-176 on a school bus before
January 1, 2010 (the effective date of Public Act 96-655) this
amendatory Act of the 96th General Assembly may continue to use
that sign on that school bus rather than a sign that conforms
to the requirements of Public Act 96-655 this amendatory Act of
the 96th General Assembly; however, if the school bus owner
replaces that sign, the replacement sign shall conform to the
requirements of Public Act 96-655 this amendatory Act of the
96th General Assembly.
(b) The owner of each school bus shall establish procedures
for accepting the calls provided for under subsection (a) and

SB3733 Enrolled - 1525 - LRB096 19592 AMC 34984 b
for taking complaints.
(c) The procedures established under subsection (b) shall
include, but not be limited to:
(1) an internal investigation of the events that led to
each complaint; and
(2) a report to the complaining party on the results of
the investigation and the action taken, if any.
(Source: P.A. 95-176, eff. 1-1-08; 96-655, eff. 1-1-10.)
(Text of Section after amendment by P.A. 96-410)
Sec. 12-821. Display of telephone number; complaint calls.
(a) Each school bus and multifunction school-activity bus
shall display at the rear of the bus a sign, with letters and
numerals readily visible and readable, indicating the area code
and telephone number of the owner of the bus, regardless of
whether the owner is a school district or another person or
entity. The sign shall be in the following form:
"TO COMMENT ON MY DRIVING, CALL (area code and telephone
number of bus owner)".
A school bus owner who placed a sign conforming to the
requirements of Public Act 95-176 on a school bus before
January 1, 2010 (the effective date of Public Act 96-655) this
amendatory Act of the 96th General Assembly may continue to use
that sign on that school bus rather than a sign that conforms
to the requirements of Public Act 96-655 this amendatory Act of
the 96th General Assembly; however, if the school bus owner

SB3733 Enrolled - 1526 - LRB096 19592 AMC 34984 b
replaces that sign, the replacement sign shall conform to the
requirements of Public Act 96-655 this amendatory Act of the
96th General Assembly.
(b) The owner of each school bus or multifunction
school-activity bus shall establish procedures for accepting
the calls provided for under subsection (a) and for taking
complaints.
(c) The procedures established under subsection (b) shall
include, but not be limited to:
(1) an internal investigation of the events that led to
each complaint; and
(2) a report to the complaining party on the results of
the investigation and the action taken, if any.
(Source: P.A. 95-176, eff. 1-1-08; 96-410, eff. 7-1-10; 96-655,
eff. 1-1-10; revised 9-25-09.)
(625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
Sec. 15-102. Width of Vehicles.
(a) On Class III and non-designated State and local
highways, the total outside width of any vehicle or load
thereon shall not exceed 8 feet 6 inches.
(b) Except during those times when, due to insufficient
light or unfavorable atmospheric conditions, persons and
vehicles on the highway are not clearly discernible at a
distance of 1000 feet, the following vehicles may exceed the 8
feet 6 inch limitation during the period from a half hour

SB3733 Enrolled - 1527 - LRB096 19592 AMC 34984 b
before sunrise to a half hour after sunset:
(1) Loads of hay, straw or other similar farm products
provided that the load is not more than 12 feet wide.
(2) Implements of husbandry being transported on
another vehicle and the transporting vehicle while loaded.
The following requirements apply to the transportation
on another vehicle of an implement of husbandry wider than
8 feet 6 inches on the National System of Interstate and
Defense Highways or other highways in the system of State
highways:
(A) The driver of a vehicle transporting an
implement of husbandry that exceeds 8 feet 6 inches in
width shall obey all traffic laws and shall check the
roadways prior to making a movement in order to ensure
that adequate clearance is available for the movement.
It is prima facie evidence that the driver of a vehicle
transporting an implement of husbandry has failed to
check the roadway prior to making a movement if the
vehicle is involved in a collision with a bridge,
overpass, fixed structure, or properly placed traffic
control device or if the vehicle blocks traffic due to
its inability to proceed because of a bridge, overpass,
fixed structure, or properly placed traffic control
device.
(B) Flags shall be displayed so as to wave freely
at the extremities of overwidth objects and at the

SB3733 Enrolled - 1528 - LRB096 19592 AMC 34984 b
extreme ends of all protrusions, projections, and
overhangs. All flags shall be clean, bright red flags
with no advertising, wording, emblem, or insignia
inscribed upon them and at least 18 inches square.
(C) "OVERSIZE LOAD" signs are mandatory on the
front and rear of all vehicles with loads over 10 feet
wide. These signs must have 12-inch high black letters
with a 2-inch stroke on a yellow sign that is 7 feet
wide by 18 inches high.
(D) One civilian escort vehicle is required for a
load that exceeds 14 feet 6 inches in width and 2
civilian escort vehicles are required for a load that
exceeds 16 feet in width on the National System of
Interstate and Defense Highways or other highways in
the system of State highways.
(E) The requirements for a civilian escort vehicle
and driver are as follows:
(1) The civilian escort vehicle shall be a
passenger car or a second division vehicle not
exceeding a gross vehicle weight of 8,000 pounds
that is designed to afford clear and unobstructed
vision to both front and rear.
(2) The escort vehicle driver must be properly
licensed to operate the vehicle.
(3) While in use, the escort vehicle must be
equipped with illuminated rotating, oscillating,

SB3733 Enrolled - 1529 - LRB096 19592 AMC 34984 b
or flashing amber lights or flashing amber strobe
lights mounted on top that are of sufficient
intensity to be visible at 500 feet in normal
sunlight.
(4) "OVERSIZE LOAD" signs are mandatory on all
escort vehicles. The sign on an escort vehicle
shall have 8-inch high black letters on a yellow
sign that is 5 feet wide by 12 inches high.
(5) When only one escort vehicle is required
and it is operating on a two-lane highway, the
escort vehicle shall travel approximately 300 feet
ahead of the load. The rotating, oscillating, or
flashing lights or flashing amber strobe lights
and an "OVERSIZE LOAD" sign shall be displayed on
the escort vehicle and shall be visible from the
front. When only one escort vehicle is required and
it is operating on a multilane divided highway, the
escort vehicle shall travel approximately 300 feet
behind the load and the sign and lights shall be
visible from the rear.
(6) When 2 escort vehicles are required, one
escort shall travel approximately 300 feet ahead
of the load and the second escort shall travel
approximately 300 feet behind the load. The
rotating, oscillating, or flashing lights or
flashing amber strobe lights and an "OVERSIZE

SB3733 Enrolled - 1530 - LRB096 19592 AMC 34984 b
LOAD" sign shall be displayed on the escort
vehicles and shall be visible from the front on the
lead escort and from the rear on the trailing
escort.
(7) When traveling within the corporate limits
of a municipality, the escort vehicle shall
maintain a reasonable and proper distance from the
oversize load, consistent with existing traffic
conditions.
(8) A separate escort shall be provided for
each load hauled.
(9) The driver of an escort vehicle shall obey
all traffic laws.
(10) The escort vehicle must be in safe
operational condition.
(11) The driver of the escort vehicle must be
in radio contact with the driver of the vehicle
carrying the oversize load.
(F) A transport vehicle while under load of more
than 8 feet 6 inches in width must be equipped with an
illuminated rotating, oscillating, or flashing amber
light or lights or a flashing amber strobe light or
lights mounted on the top of the cab that are of
sufficient intensity to be visible at 500 feet in
normal sunlight. If the load on the transport vehicle
blocks the visibility of the amber lighting from the

SB3733 Enrolled - 1531 - LRB096 19592 AMC 34984 b
rear of the vehicle, the vehicle must also be equipped
with an illuminated rotating, oscillating, or flashing
amber light or lights or a flashing amber strobe light
or lights mounted on the rear of the load that are of
sufficient intensity to be visible at 500 feet in
normal sunlight.
(G) When a flashing amber light is required on the
transport vehicle under load and it is operating on a
two-lane highway, the transport vehicle shall display
to the rear at least one rotating, oscillating, or
flashing light or a flashing amber strobe light and an
"OVERSIZE LOAD" sign. When a flashing amber light is
required on the transport vehicle under load and it is
operating on a multilane divided highway, the sign and
light shall be visible from the rear.
(H) Maximum speed shall be 45 miles per hour on all
such moves or 5 miles per hour above the posted minimum
speed limit, whichever is greater, but the vehicle
shall not at any time exceed the posted maximum speed
limit.
(3) Portable buildings designed and used for
agricultural and livestock raising operations that are not
more than 14 feet wide and with not more than a 1 foot
overhang along the left side of the hauling vehicle.
However, the buildings shall not be transported more than
10 miles and not on any route that is part of the National

SB3733 Enrolled - 1532 - LRB096 19592 AMC 34984 b
System of Interstate and Defense Highways.
All buildings when being transported shall display at least
2 red cloth flags, not less than 12 inches square, mounted as
high as practicable on the left and right side of the building.
A State Police escort shall be required if it is necessary
for this load to use part of the left lane when crossing any 2
laned State highway bridge.
(c) Vehicles propelled by electric power obtained from
overhead trolley wires operated wholly within the corporate
limits of a municipality are also exempt from the width
limitation.
(d) (Blank). Exemptions are also granted to vehicles
designed for the carrying of more than 10 persons under the
following conditions:
(1) (Blank);
(2) (Blank); or
(3) (Blank).
(d-1) A recreational vehicle, as defined in Section 1-169,
may exceed 8 feet 6 inches in width if:
(1) the excess width is attributable to appurtenances
that extend 6 inches or less beyond either side of the body
of the vehicle; and
(2) the roadway on which the vehicle is traveling has
marked lanes for vehicular traffic that are at least 11
feet in width.
As used in this subsection (d-1) and in subsection (d-2),

SB3733 Enrolled - 1533 - LRB096 19592 AMC 34984 b
the term appurtenance includes (i) a retracted awning and its
support hardware and (ii) any appendage that is intended to be
an integral part of a recreation vehicle.
(d-2) A recreational vehicle that exceeds 8 feet 6 inches
in width as provided in subsection (d-1) may travel any roadway
of the State if the vehicle is being operated between a roadway
permitted under subsection (d-1) and:
(1) the location where the recreation vehicle is
garaged;
(2) the destination of the recreation vehicle; or
(3) a facility for food, fuel, repair, services, or
rest.
(e) A vehicle and load traveling upon the National System
of Interstate and Defense Highways or any other highway in the
system of State highways that has been designated as a Class I
or Class II highway by the Department, or any street or highway
designated by local authorities, may have a total outside width
of 8 feet 6 inches, provided that certain safety devices that
the Department determines as necessary for the safe and
efficient operation of motor vehicles shall not be included in
the calculation of width.
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking shall not apply to the
designation of highways under this paragraph (e).
(f) Mirrors required by Section 12-502 of this Code and
other safety devices identified by the Department may project

SB3733 Enrolled - 1534 - LRB096 19592 AMC 34984 b
up to 14 inches beyond each side of a bus and up to 6 inches
beyond each side of any other vehicle, and that projection
shall not be deemed a violation of the width restrictions of
this Section.
(g) Any person who is convicted of violating this Section
is subject to the penalty as provided in paragraph (b) of
Section 15-113.
(Source: P.A. 96-34, eff. 1-1-10; 96-37, eff. 7-13-09; 96-220,
eff. 1-1-10; revised 9-4-09.)
(625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
Sec. 15-113. Violations; Penalties.
(a) Whenever any vehicle is operated in violation of the
provisions of Section 15-111 or subsection (d) of Section
3-401, the owner or driver of such vehicle shall be deemed
guilty of such violation and either the owner or the driver of
such vehicle may be prosecuted for such violation. Any person
charged with a violation of any of these provisions who pleads
not guilty shall be present in court for the trial on the
charge. Any person, firm or corporation convicted of any
violation of Section 15-111 including, but not limited to, a
maximum axle or gross limit specified on a regulatory sign
posted in accordance with paragraph (g) or (h) of Section
15-111, shall be fined according to the following schedule:
Up to and including 2000 pounds overweight, the fine is = $100

SB3733 Enrolled - 1535 - LRB096 19592 AMC 34984 b
From 2001 through 2500 pounds overweight, = the fine is $270
From 2501 through 3000 pounds overweight, = the fine is $330
From 3001 through 3500 pounds overweight, = the fine is $520
From 3501 through 4000 pounds overweight, = the fine is $600
From 4001 through 4500 pounds overweight, = the fine is $850
From 4501 through 5000 pounds overweight, = the fine is $950
From 5001 or more pounds overweight, = the fine shall be
computed by assessing $1500 for the first 5000 pounds
overweight and $150 for each additional increment of 500 pounds
overweight or fraction thereof.
In addition any person, firm or corporation convicted of 4
or more violations of Section 15-111 within any 12 month period
shall be fined an additional amount of $5,000 for the fourth
and each subsequent conviction within the 12 month period.
Provided, however, that with regard to a firm or corporation, a
fourth or subsequent conviction shall mean a fourth or
subsequent conviction attributable to any one employee-driver.
(b) Whenever any vehicle is operated in violation of the

SB3733 Enrolled - 1536 - LRB096 19592 AMC 34984 b
provisions of Sections 15-102, 15-103 or 15-107, the owner or
driver of such vehicle shall be deemed guilty of such violation
and either may be prosecuted for such violation. Any person,
firm or corporation convicted of any violation of Sections
15-102, 15-103 or 15-107 shall be fined for the first or second
conviction an amount equal to not less than $50 nor more than
$500, and for the third and subsequent convictions by the same
person, firm or corporation within a period of one year after
the date of the first offense, not less than $500 nor more than
$1,000.
(c) All proceeds of the additional fines imposed by this
amendatory Act of the 96th General Assembly shall be deposited
into the Capital Projects Fund.
(Source: P.A. 96-34, eff. 1-1-10; revised 11-4-09.)
Section 580. The Snowmobile Registration and Safety Act is
amended by changing Section 5-7 as follows:
(625 ILCS 40/5-7)
Sec. 5-7. Operating a snowmobile while under the influence
of alcohol or other drug or drugs, intoxicating compound or
compounds, or a combination of them; criminal penalties;
suspension of operating privileges.
(a) A person may not operate or be in actual physical
control of a snowmobile within this State while:
1. The alcohol concentration in that person's blood or

SB3733 Enrolled - 1537 - LRB096 19592 AMC 34984 b
breath is a concentration at which driving a motor vehicle
is prohibited under subdivision (1) of subsection (a) of
Section 11-501 of the Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other drug
or combination of drugs to a degree that renders that
person incapable of safely operating a snowmobile;
3.1. The person is under the influence of any
intoxicating compound or combination of intoxicating
compounds to a degree that renders the person incapable of
safely operating a snowmobile;
4. The person is under the combined influence of
alcohol and any other drug or drugs or intoxicating
compound or compounds to a degree that renders that person
incapable of safely operating a snowmobile; or
5. There is any amount of a drug, substance, or
compound in that person's breath, blood, or urine resulting
from the unlawful use or consumption of cannabis listed in
the Cannabis Control Act, controlled substance listed in
the Illinois Controlled Substances Act, or intoxicating
compound listed in the use of Intoxicating Compounds Act.
(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, any intoxicating compound or compounds, or any
combination of them does not constitute a defense against a
charge of violating this Section.

SB3733 Enrolled - 1538 - LRB096 19592 AMC 34984 b
(c) Every person convicted of violating this Section or a
similar provision of a local ordinance is guilty of a Class A
misdemeanor, except as otherwise provided in this Section.
(c-1) As used in this Section, "first time offender" means
any person who has not had a previous conviction or been
assigned supervision for violating this Section or a similar
provision of a local ordinance, or any person who has not had a
suspension imposed under subsection (e) of Section 5-7.1.
(c-2) For purposes of this Section, the following are
equivalent to a conviction:
(1) a forfeiture of bail or collateral deposited to
secure a defendant's appearance in court when forfeiture
has not been vacated; or
(2) the failure of a defendant to appear for trial.
(d) Every person convicted of violating this Section is
guilty of a Class 4 felony if:
1. The person has a previous conviction under this
Section;
2. The offense results in personal injury where a
person other than the operator suffers great bodily harm or
permanent disability or disfigurement, when the violation
was a proximate cause of the injuries. A person guilty of a
Class 4 felony under this paragraph 2, if sentenced to a
term of imprisonment, shall be sentenced to not less than
one year nor more than 12 years; or
3. The offense occurred during a period in which the

SB3733 Enrolled - 1539 - LRB096 19592 AMC 34984 b
person's privileges to operate a snowmobile are revoked or
suspended, and the revocation or suspension was for a
violation of this Section or was imposed under Section
5-7.1.
(e) Every person convicted of violating this Section is
guilty of a Class 2 felony if the offense results in the death
of a person. A person guilty of a Class 2 felony under this
subsection (e), if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
(e-1) Every person convicted of violating this Section or a
similar provision of a local ordinance who had a child under
the age of 16 on board the snowmobile at the time of offense
shall be subject to a mandatory minimum fine of $500 and shall
be subject to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment under
this subsection shall not be subject to suspension nor shall
the person be eligible for probation in order to reduce the
assignment.
(e-2) Every person found guilty of violating this Section,
whose operation of a snowmobile while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) (m) of
Section 11-501.01 11-501 of the Illinois Vehicle Code.
(e-3) In addition to any other penalties and liabilities, a

SB3733 Enrolled - 1540 - LRB096 19592 AMC 34984 b
person who is found guilty of violating this Section, including
any person placed on court supervision, shall be fined $100,
payable to the circuit clerk, who shall distribute the money to
the law enforcement agency that made the arrest. In the event
that more than one agency is responsible for the arrest, the
$100 shall be shared equally. Any moneys received by a law
enforcement agency under this subsection (e-3) shall be used to
purchase law enforcement equipment or to provide law
enforcement training that will assist in the prevention of
alcohol related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection devices,
and alcohol breath testers.
(f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the snowmobile
operation privileges of a person convicted or found guilty of a
misdemeanor under this Section for a period of one year, except
that first-time offenders are exempt from this mandatory one
year suspension.
(g) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend for a period of 5
years the snowmobile operation privileges of any person
convicted or found guilty of a felony under this Section.
(Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07;
revised 11-4-09.)

SB3733 Enrolled - 1541 - LRB096 19592 AMC 34984 b
Section 585. The Clerks of Courts Act is amended by
changing Section 27.5 as follows:
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
Sec. 27.5. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk that equals an
amount less than $55, except restitution under Section 5-5-6 of
the Unified Code of Corrections, reimbursement for the costs of
an emergency response as provided under Section 11-501 of the
Illinois Vehicle Code, any fees collected for attending a
traffic safety program under paragraph (c) of Supreme Court
Rule 529, any fee collected on behalf of a State's Attorney
under Section 4-2002 of the Counties Code or a sheriff under
Section 4-5001 of the Counties Code, or any cost imposed under
Section 124A-5 of the Code of Criminal Procedure of 1963, for
convictions, orders of supervision, or any other disposition
for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, and except as otherwise
provided in this Section in subsection (b) shall be disbursed
within 60 days after receipt by the circuit clerk as follows:
47% shall be disbursed to the entity authorized by law to
receive the fine imposed in the case; 12% shall be disbursed to
the State Treasurer; and 41% shall be disbursed to the county's

SB3733 Enrolled - 1542 - LRB096 19592 AMC 34984 b
general corporate fund. Of the 12% disbursed to the State
Treasurer, 1/6 shall be deposited by the State Treasurer into
the Violent Crime Victims Assistance Fund, 1/2 shall be
deposited into the Traffic and Criminal Conviction Surcharge
Fund, and 1/3 shall be deposited into the Drivers Education
Fund. For fiscal years 1992 and 1993, amounts deposited into
the Violent Crime Victims Assistance Fund, the Traffic and
Criminal Conviction Surcharge Fund, or the Drivers Education
Fund shall not exceed 110% of the amounts deposited into those
funds in fiscal year 1991. Any amount that exceeds the 110%
limit shall be distributed as follows: 50% shall be disbursed
to the county's general corporate fund and 50% shall be
disbursed to the entity authorized by law to receive the fine
imposed in the case. Not later than March 1 of each year the
circuit clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this Section during the
preceding year based upon independent verification of fines and
fees. All counties shall be subject to this Section, except
that counties with a population under 2,000,000 may, by
ordinance, elect not to be subject to this Section. For
offenses subject to this Section, judges shall impose one total
sum of money payable for violations. The circuit clerk may add
on no additional amounts except for amounts that are required
by Sections 27.3a and 27.3c of this Act, Section 16-104c of the
Illinois Vehicle Code, and subsection (a) of Section 5-1101 of
the Counties Code, unless those amounts are specifically waived

SB3733 Enrolled - 1543 - LRB096 19592 AMC 34984 b
by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of bail, ex parte judgment or
guilty plea pursuant to Supreme Court Rule 529, the circuit
clerk shall first deduct and pay amounts required by Sections
27.3a and 27.3c of this Act. Unless a court ordered payment
schedule is implemented or fee requirements are waived pursuant
to a court order, the circuit clerk may add to any unpaid fees
and costs a delinquency amount equal to 5% of the unpaid fees
that remain unpaid after 30 days, 10% of the unpaid fees that
remain unpaid after 60 days, and 15% of the unpaid fees that
remain unpaid after 90 days. Notice to those parties may be
made by signage posting or publication. The additional
delinquency amounts collected under this Section shall be
deposited in the Circuit Court Clerk Operation and
Administrative Fund to be used to defray administrative costs
incurred by the circuit clerk in performing the duties required
to collect and disburse funds. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(b) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
(1) 50% of the amounts collected for felony offenses
under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
Animals Act and Section 26-5 of the Criminal Code of 1961;
(2) 20% of the amounts collected for Class A and Class

SB3733 Enrolled - 1544 - LRB096 19592 AMC 34984 b
B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961; and
(3) 50% of the amounts collected for Class C
misdemeanors under Sections 4.01 and 7.1 of the Humane Care
for Animals Act and Section 26-5 of the Criminal Code of
1961.
(c) Any person who receives a disposition of court
supervision for a violation of the Illinois Vehicle Code or a
similar provision of a local ordinance shall, in addition to
any other fines, fees, and court costs, pay an additional fee
of $29, to be disbursed as provided in Section 16-104c of the
Illinois Vehicle Code. In addition to the fee of $29, the
person shall also pay a fee of $6, if not waived by the court.
If this $6 fee is collected, $5.50 of the fee shall be
deposited into the Circuit Court Clerk Operation and
Administrative Fund created by the Clerk of the Circuit Court
and 50 cents of the fee shall be deposited into the Prisoner
Review Board Vehicle and Equipment Fund in the State treasury.
(d) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $20, to be disbursed as provided in Section

SB3733 Enrolled - 1545 - LRB096 19592 AMC 34984 b
16-104d of that Code.
This subsection Subsection (d) becomes inoperative 7 years
after the effective date of Public Act 95-154.
(e) In all counties having a population of 3,000,000 or
more inhabitants: ,
(1) (e-1) A person who is found guilty of or pleads
guilty to violating subsection (a) of Section 11-501 of the
Illinois Vehicle Code, including any person placed on court
supervision for violating subsection (a), shall be fined
$500 as provided for by subsection (f) of Section 11-501.01
of the Illinois Vehicle Code, payable to the circuit clerk,
who shall distribute the money pursuant to subsection (f)
of Section 11-501.01 of the Illinois Vehicle Code.
(2) (e-2) When a crime laboratory DUI analysis fee of
$150, provided for by Section 5-9-1.9 of the Unified Code
of Corrections is assessed, it shall be disbursed by the
circuit clerk as provided by subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections.
(3) (e-3) When a fine for a violation of subsection (a)
of Section 11-605 of the Illinois Vehicle Code is $150 or
greater, the additional $50 which is charged as provided
for by subsection (f) of Section 11-605 of the Illinois
Vehicle Code shall be disbursed by the circuit clerk to a
school district or districts for school safety purposes as
provided by subsection (f) of Section 11-605.
(4) (e-3.5) When a fine for a violation of subsection

SB3733 Enrolled - 1546 - LRB096 19592 AMC 34984 b
(a) of Section 11-1002.5 of the Illinois Vehicle Code is
$150 or greater, the additional $50 which is charged as
provided for by subsection (c) of Section 11-1002.5 of the
Illinois Vehicle Code shall be disbursed by the circuit
clerk to a school district or districts for school safety
purposes as provided by subsection (c) of Section 11-1002.5
of the Illinois Vehicle Code.
(5) (e-4) When a mandatory drug court fee of up to $5
is assessed as provided in subsection (f) of Section 5-1101
of the Counties Code, it shall be disbursed by the circuit
clerk as provided in subsection (f) of Section 5-1101 of
the Counties Code.
(6) (e-5) When a mandatory teen court, peer jury, youth
court, or other youth diversion program fee is assessed as
provided in subsection (e) of Section 5-1101 of the
Counties Code, it shall be disbursed by the circuit clerk
as provided in subsection (e) of Section 5-1101 of the
Counties Code.
(7) (e-6) When a Children's Advocacy Center fee is
assessed pursuant to subsection (f-5) of Section 5-1101 of
the Counties Code, it shall be disbursed by the circuit
clerk as provided in subsection (f-5) of Section 5-1101 of
the Counties Code.
(8) (e-7) When a victim impact panel fee is assessed
pursuant to subsection (b) of Section 11-501.01 of the
Illinois Vehicle Code, it shall be disbursed by the circuit

SB3733 Enrolled - 1547 - LRB096 19592 AMC 34984 b
clerk to the victim impact panel to be attended by the
defendant.
(9) (e-8) When a new fee collected in traffic cases is
enacted after January 1, 2010 (the effective date of Public
Act 96-735) this amendatory Act of the 96th General
Assembly, it shall be excluded from the percentage
disbursement provisions of this Section unless otherwise
indicated by law.
(f) (e) Any person who receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code shall, in addition to any other fines, fees, and
court costs, pay an additional fee of $50, which shall be
collected by the circuit clerk and then remitted to the State
Treasurer for deposit into the Roadside Memorial Fund, a
special fund in the State treasury. However, the court may
waive the fee if full restitution is complied with. Subject to
appropriation, all moneys in the Roadside Memorial Fund shall
be used by the Department of Transportation to pay fees imposed
under subsection (f) of Section 20 of the Roadside Memorial
Act. The fee shall be remitted by the circuit clerk within one
month after receipt to the State Treasurer for deposit into the
Roadside Memorial Fund.
(g) (e) For any conviction or disposition of court
supervision for a violation of Section 11-1429 of the Illinois
Vehicle Code, the circuit clerk shall distribute the fines paid
by the person as specified by subsection (h) of Section 11-1429

SB3733 Enrolled - 1548 - LRB096 19592 AMC 34984 b
of the Illinois Vehicle Code.
(Source: P.A. 95-154, eff. 10-13-07; 95-428, eff. 8-24-07;
95-876, eff. 8-21-08; 96-286, eff. 8-11-09; 96-576, eff.
8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735,
eff. 1-1-10; revised 12-28-09.)
Section 590. The Juvenile Court Act of 1987 is amended by
changing Sections 2-23 and 5-710 as follows:
(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
Sec. 2-23. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be
made in respect of wards of the court:
(a) A minor under 18 years of age found to be neglected
or abused under Section 2-3 or dependent under Section 2-4
may be (1) continued in the custody of his or her parents,
guardian or legal custodian; (2) placed in accordance with
Section 2-27; (3) restored to the custody of the parent,
parents, guardian, or legal custodian, provided the court
shall order the parent, parents, guardian, or legal
custodian to cooperate with the Department of Children and
Family Services and comply with the terms of an after-care
plan or risk the loss of custody of the child and the
possible termination of their parental rights; or (4)
ordered partially or completely emancipated in accordance
with the provisions of the Emancipation of Minors Act.

SB3733 Enrolled - 1549 - LRB096 19592 AMC 34984 b
However, in any case in which a minor is found by the
court to be neglected or abused under Section 2-3 of this
Act, custody of the minor shall not be restored to any
parent, guardian or legal custodian whose acts or omissions
or both have been identified, pursuant to subsection (1) of
Section 2-21, as forming the basis for the court's finding
of abuse or neglect, until such time as a hearing is held
on the issue of the best interests of the minor and the
fitness of such parent, guardian or legal custodian to care
for the minor without endangering the minor's health or
safety, and the court enters an order that such parent,
guardian or legal custodian is fit to care for the minor.
(b) A minor under 18 years of age found to be dependent
under Section 2-4 may be (1) placed in accordance with
Section 2-27 or (2) ordered partially or completely
emancipated in accordance with the provisions of the
Emancipation of Minors Act.
However, in any case in which a minor is found by the
court to be dependent under Section 2-4 of this Act,
custody of the minor shall not be restored to any parent,
guardian or legal custodian whose acts or omissions or both
have been identified, pursuant to subsection (1) of Section
2-21, as forming the basis for the court's finding of
dependency, until such time as a hearing is held on the
issue of the fitness of such parent, guardian or legal
custodian to care for the minor without endangering the

SB3733 Enrolled - 1550 - LRB096 19592 AMC 34984 b
minor's health or safety, and the court enters an order
that such parent, guardian or legal custodian is fit to
care for the minor.
(b-1) A minor between the ages of 18 and 21 may be
placed pursuant to Section 2-27 of this Act if (1) the
court has granted a supplemental petition to reinstate
wardship of the minor pursuant to subsection (2) of Section
2-33, or (2) the court has adjudicated the minor a ward of
the court, permitted the minor to return home under an
order of protection, and subsequently made a finding that
it is in the minor's best interest to vacate the order of
protection and commit the minor to the Department of
Children and Family Services for care and service.
(c) When the court awards guardianship to the
Department of Children and Family Services, the court shall
order the parents to cooperate with the Department of
Children and Family Services, comply with the terms of the
service plans, and correct the conditions that require the
child to be in care, or risk termination of their parental
rights.
(2) Any order of disposition may provide for protective
supervision under Section 2-24 and may include an order of
protection under Section 2-25.
Unless the order of disposition expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification, not inconsistent with Section

SB3733 Enrolled - 1551 - LRB096 19592 AMC 34984 b
2-28, until final closing and discharge of the proceedings
under Section 2-31.
(3) The court also shall enter any other orders necessary
to fulfill the service plan, including, but not limited to, (i)
orders requiring parties to cooperate with services, (ii)
restraining orders controlling the conduct of any party likely
to frustrate the achievement of the goal, and (iii) visiting
orders. Unless otherwise specifically authorized by law, the
court is not empowered under this subsection (3) to order
specific placements, specific services, or specific service
providers to be included in the plan. If, after receiving
evidence, the court determines that the services contained in
the plan are not reasonably calculated to facilitate
achievement of the permanency goal, the court shall put in
writing the factual basis supporting the determination and
enter specific findings based on the evidence. The court also
shall enter an order for the Department to develop and
implement a new service plan or to implement changes to the
current service plan consistent with the court's findings. The
new service plan shall be filed with the court and served on
all parties within 45 days after the date of the order. The
court shall continue the matter until the new service plan is
filed. Unless otherwise specifically authorized by law, the
court is not empowered under this subsection (3) or under
subsection (2) to order specific placements, specific
services, or specific service providers to be included in the

SB3733 Enrolled - 1552 - LRB096 19592 AMC 34984 b
plan.
(4) In addition to any other order of disposition, the
court may order any minor adjudicated neglected with respect to
his or her own injurious behavior to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentence hearing" referred to therein shall be the
dispositional hearing for purposes of this Section. The parent,
guardian or legal custodian of the minor may pay some or all of
such restitution on the minor's behalf.
(5) Any order for disposition where the minor is committed
or placed in accordance with Section 2-27 shall provide for the
parents or guardian of the estate of such minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. Such
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the order of disposition requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) The court may terminate the parental rights of a parent
at the initial dispositional hearing if all of the conditions
in subsection (5) of Section 2-21 are met.

SB3733 Enrolled - 1553 - LRB096 19592 AMC 34984 b
(Source: P.A. 95-331, eff. 8-21-07; 96-581, eff. 1-1-10;
96-600, eff. 8-21-09; revised 9-15-09.)
(705 ILCS 405/5-710)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made in
respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810, 5-815,
a minor who is found guilty under Section 5-620 may be:
(i) put on probation or conditional discharge and
released to his or her parents, guardian or legal
custodian, provided, however, that any such minor who
is not committed to the Department of Juvenile Justice
under this subsection and who is found to be a
delinquent for an offense which is first degree murder,
a Class X felony, or a forcible felony shall be placed
on probation;
(ii) placed in accordance with Section 5-740, with
or without also being put on probation or conditional
discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) placed in the guardianship of the Department
of Children and Family Services, but only if the
delinquent minor is under 15 years of age or, pursuant

SB3733 Enrolled - 1554 - LRB096 19592 AMC 34984 b
to Article II of this Act, a minor for whom an
independent basis of abuse, neglect, or dependency
exists. An independent basis exists when the
allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident,
or circumstances which give rise to a charge or
adjudication of delinquency;
(v) placed in detention for a period not to exceed
30 days, either as the exclusive order of disposition
or, where appropriate, in conjunction with any other
order of disposition issued under this paragraph,
provided that any such detention shall be in a juvenile
detention home and the minor so detained shall be 10
years of age or older. However, the 30-day limitation
may be extended by further order of the court for a
minor under age 15 committed to the Department of
Children and Family Services if the court finds that
the minor is a danger to himself or others. The minor
shall be given credit on the sentencing order of
detention for time spent in detention under Sections
5-501, 5-601, 5-710, or 5-720 of this Article as a
result of the offense for which the sentencing order
was imposed. The court may grant credit on a sentencing
order of detention entered under a violation of
probation or violation of conditional discharge under
Section 5-720 of this Article for time spent in

SB3733 Enrolled - 1555 - LRB096 19592 AMC 34984 b
detention before the filing of the petition alleging
the violation. A minor shall not be deprived of credit
for time spent in detention before the filing of a
violation of probation or conditional discharge
alleging the same or related act or acts;
(vi) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation
of Minors Act;
(vii) subject to having his or her driver's license
or driving privileges suspended for such time as
determined by the court but only until he or she
attains 18 years of age;
(viii) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the
Counties Code for a period not to exceed the period of
incarceration permitted by law for adults found guilty
of the same offense or offenses for which the minor was
adjudicated delinquent, and in any event no longer than
upon attainment of age 21; this subdivision (viii)
notwithstanding any contrary provision of the law;
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to a
street gang removed from his or her body; or
(x) placed in electronic home detention under Part
7A of this Article.
(b) A minor found to be guilty may be committed to the

SB3733 Enrolled - 1556 - LRB096 19592 AMC 34984 b
Department of Juvenile Justice under Section 5-750 if the
minor is 13 years of age or older, provided that the
commitment to the Department of Juvenile Justice shall be
made only if a term of incarceration is permitted by law
for adults found guilty of the offense for which the minor
was adjudicated delinquent. The time during which a minor
is in custody before being released upon the request of a
parent, guardian or legal custodian shall be considered as
time spent in detention.
(c) When a minor is found to be guilty for an offense
which is a violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act and made a ward of the
court, the court may enter a disposition order requiring
the minor to undergo assessment, counseling or treatment in
a substance abuse program approved by the Department of
Human Services.
(2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order

SB3733 Enrolled - 1557 - LRB096 19592 AMC 34984 b
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
(5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code. Notwithstanding
any other provision of this Act, in instances in which

SB3733 Enrolled - 1558 - LRB096 19592 AMC 34984 b
educational services are to be provided to a minor in a
residential facility where the minor has been placed by the
court, costs incurred in the provision of those educational
services must be allocated based on the requirements of the
School Code.
(7) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act.
(8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 shall
be ordered to perform community service for not less than 30
and not more than 120 hours, if community service is available
in the jurisdiction. The community service shall include, but
need not be limited to, the cleanup and repair of the damage
that was caused by the violation or similar damage to property
located in the municipality or county in which the violation
occurred. The order may be in addition to any other order
authorized by this Section.
(8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 shall be ordered to undergo
medical or psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The order may be in addition to any other order authorized by

SB3733 Enrolled - 1559 - LRB096 19592 AMC 34984 b
this Section.
(9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved in
the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court
shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's

SB3733 Enrolled - 1560 - LRB096 19592 AMC 34984 b
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county and may be taxed as costs against
the minor.
(10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in or
allegiance to an organized gang, or (b) involved a violation of
subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
a violation of any Section of Article 24 of the Criminal Code
of 1961, or a violation of any statute that involved the
wrongful use of a firearm. If the court determines the question
in the affirmative, and the court does not commit the minor to
the Department of Juvenile Justice, the court shall order the
minor to perform community service for not less than 30 hours
nor more than 120 hours, provided that community service is
available in the jurisdiction and is funded and approved by the
county board of the county where the offense was committed. The
community service shall include, but need not be limited to,

SB3733 Enrolled - 1561 - LRB096 19592 AMC 34984 b
the cleanup and repair of any damage caused by a violation of
Section 21-1.3 of the Criminal Code of 1961 and similar damage
to property located in the municipality or county in which the
violation occurred. When possible and reasonable, the
community service shall be performed in the minor's
neighborhood. This order shall be in addition to any other
order authorized by this Section except for an order to place
the minor in the custody of the Department of Juvenile Justice.
For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(11) If the court determines that the offense was committed
in furtherance of the criminal activities of an organized gang,
as provided in subsection (10), and that the offense involved
the operation or use of a motor vehicle or the use of a
driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for
which the minor shall be denied driving privileges. If, at the
time of the determination, the minor does not hold a driver's
license or permit, the court shall provide that the minor shall
not be issued a driver's license or permit until his or her
18th birthday. If the minor holds a driver's license or permit
at the time of the determination, the court shall provide that
the minor's driver's license or permit shall be revoked until
his or her 21st birthday, or until a later date or occurrence
determined by the court. If the minor holds a driver's license

SB3733 Enrolled - 1562 - LRB096 19592 AMC 34984 b
at the time of the determination, the court may direct the
Secretary of State to issue the minor a judicial driving
permit, also known as a JDP. The JDP shall be subject to the
same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
(12) If a minor is found to be guilty of a violation of
subsection (a-7) of Section 1 of the Prevention of Tobacco Use
by Minors Act, the court may, in its discretion, and upon
recommendation by the State's Attorney, order that minor and
his or her parents or legal guardian to attend a smoker's
education or youth diversion program as defined in that Act if
that program is available in the jurisdiction where the
offender resides. Attendance at a smoker's education or youth
diversion program shall be time-credited against any community
service time imposed for any first violation of subsection
(a-7) of Section 1 of that Act. In addition to any other
penalty that the court may impose for a violation of subsection
(a-7) of Section 1 of that Act, the court, upon request by the
State's Attorney, may in its discretion require the offender to
remit a fee for his or her attendance at a smoker's education
or youth diversion program.
For purposes of this Section, "smoker's education program"
or "youth diversion program" includes, but is not limited to, a
seminar designed to educate a person on the physical and
psychological effects of smoking tobacco products and the

SB3733 Enrolled - 1563 - LRB096 19592 AMC 34984 b
health consequences of smoking tobacco products that can be
conducted with a locality's youth diversion program.
In addition to any other penalty that the court may impose
under this subsection (12):
(a) If a minor violates subsection (a-7) of Section 1
of the Prevention of Tobacco Use by Minors Act, the court
may impose a sentence of 15 hours of community service or a
fine of $25 for a first violation.
(b) A second violation by a minor of subsection (a-7)
of Section 1 of that Act that occurs within 12 months after
the first violation is punishable by a fine of $50 and 25
hours of community service.
(c) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 of that Act that occurs
within 12 months after the first violation is punishable by
a $100 fine and 30 hours of community service.
(d) Any second or subsequent violation not within the
12-month time period after the first violation is
punishable as provided for a first violation.
(Source: P.A. 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844,
eff. 8-15-08; 95-876, eff. 8-21-08; 96-179, eff. 8-10-09;
96-293, eff. 1-1-10; revised 9-15-09.)
Section 595. The Court of Claims Act is amended by changing
Section 9.5 as follows:

SB3733 Enrolled - 1564 - LRB096 19592 AMC 34984 b
(705 ILCS 505/9.5)
Sec. 9.5. Gold Star and Fallen Heroes Families Assistance
Program.
(a) Within the Court of Claims, there is established a Gold
Star and Fallen Heroes Families Assistance Program, which is
charged with the responsibility of assessing the needs of and
providing information to Illinois Gold Star and Fallen Heroes
Families with regard to claims filed pursuant to the Line of
Duty Compensation Act.
(b) As used in this Section, "Gold Star and Fallen Heroes
Family" means the family members of an individual who was
killed in the line of duty and who was employed or serving in a
capacity defined in Section 2 of the Illinois Line of Duty
Compensation Act.
(c) Toll-free helpline. The Gold Star and Fallen Heroes
Families Assistance Program shall include a toll-free helpline
dedicated to families seeking information about the Line of
Duty Compensation Act, including, but not limited to, the
status of claims filed pursuant to that Act. The helpline phone
number and information about the Gold Star and Fallen Heroes
Families Assistance Program shall be provided to each person
filing a claim under the Line of Duty Compensation Act.
(d) On or before January 1 of each year, the Court of
Claims shall report to the Governor, both houses of the General
Assembly, and the Illinois Department of Veterans' Affairs the
following information:

SB3733 Enrolled - 1565 - LRB096 19592 AMC 34984 b
(1) the number of claims filed with the Court of Claims
pursuant to the Line of Duty Compensation Act ("LODCA");
(2) the number of Line of Duty Compensation Act LODCA
claims approved for payment by the Court of Claims during
the preceding calendar year;
(3) the number and status of Line of Duty Compensation
Act LODCA claims pending in the Court of Claims; and
(4) other information as may be requested by the
Governor.
(Source: P.A. 96-539, eff. 1-1-10; 96-541, eff. 1-1-10; revised
9-25-09.)
Section 600. The Criminal Code of 1961 is amended by
changing Sections 9-1.2, 10-5, 10-5.5, 10-9, 11-9.4, 11-20.1,
11-20.3, 12-2, 12-3.3, 12-4, 12-7.5, 14-3, 16-1, 16D-2, 16D-3,
17-24, 17-26, 24-1, 24-2, 25-5, 26-1, 26-5, 29B-1, 29D-25, and
36-1 as follows:
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
Sec. 9-1.2. Intentional Homicide of an Unborn Child.
(a) A person commits the offense of intentional homicide of
an unborn child if, in performing acts which cause the death of
an unborn child, he without lawful justification:
(1) either intended to cause the death of or do great
bodily harm to the pregnant woman or her unborn child or
knew that such acts would cause death or great bodily harm

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to the pregnant woman or her unborn child; or
(2) he knew that his acts created a strong probability
of death or great bodily harm to the pregnant woman or her
unborn child; and
(3) he knew that the woman was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from fertilization
until birth, and (2) "person" shall not include the pregnant
woman whose unborn child is killed.
(c) This Section shall not apply to acts which cause the
death of an unborn child if those acts were committed during
any abortion, as defined in Section 2 of the Illinois Abortion
Law of 1975, as amended, to which the pregnant woman has
consented. This Section shall not apply to acts which were
committed pursuant to usual and customary standards of medical
practice during diagnostic testing or therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an
unborn child shall be the same as for first degree murder,
except that:
(1) the death penalty may not be imposed;
(2) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;

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(4) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(e) The provisions of this Act shall not be construed to
prohibit the prosecution of any person under any other
provision of law.
(Source: P.A. 91-404, eff. 1-1-00; revised 11-4-09.)
(720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
Sec. 10-5. Child abduction.
(a) For purposes of this Section, the following terms have
the following meanings:
(1) "Child" means a person who, at the time the alleged
violation occurred, was under the age of 18 or severely or
profoundly mentally retarded.
(2) "Detains" means taking or retaining physical
custody of a child, whether or not the child resists or
objects.
(3) "Lawful custodian" means a person or persons
granted legal custody of a child or entitled to physical
possession of a child pursuant to a court order. It is
presumed that, when the parties have never been married to
each other, the mother has legal custody of the child

SB3733 Enrolled - 1568 - LRB096 19592 AMC 34984 b
unless a valid court order states otherwise. If an
adjudication of paternity has been completed and the father
has been assigned support obligations or visitation
rights, such a paternity order should, for the purposes of
this Section, be considered a valid court order granting
custody to the mother.
(4) "Putative father" means a man who has a reasonable
belief that he is the father of a child born of a woman who
is not his wife.
(b) A person commits the offense of child abduction when he
or she does any one of the following:
(1) Intentionally violates any terms of a valid court
order granting sole or joint custody, care, or possession
to another by concealing or detaining the child or removing
the child from the jurisdiction of the court.
(2) Intentionally violates a court order prohibiting
the person from concealing or detaining the child or
removing the child from the jurisdiction of the court.
(3) Intentionally conceals, detains, or removes the
child without the consent of the mother or lawful custodian
of the child if the person is a putative father and either:
(A) the paternity of the child has not been legally
established or (B) the paternity of the child has been
legally established but no orders relating to custody have
been entered. Notwithstanding the presumption created by
paragraph (3) of subsection (a), however, a mother commits

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child abduction when she intentionally conceals or removes
a child, whom she has abandoned or relinquished custody of,
from an unadjudicated father who has provided sole ongoing
care and custody of the child in her absence.
(4) Intentionally conceals or removes the child from a
parent after filing a petition or being served with process
in an action affecting marriage or paternity but prior to
the issuance of a temporary or final order determining
custody.
(5) At the expiration of visitation rights outside the
State, intentionally fails or refuses to return or impedes
the return of the child to the lawful custodian in
Illinois.
(6) Being a parent of the child, and if the parents of
that child are or have been married and there has been no
court order of custody, knowingly conceals the child for 15
days, and fails to make reasonable attempts within the
15-day period to notify the other parent as to the specific
whereabouts of the child, including a means by which to
contact the child, or to arrange reasonable visitation or
contact with the child. It is not a violation of this
Section for a person fleeing domestic violence to take the
child with him or her to housing provided by a domestic
violence program.
(7) Being a parent of the child, and if the parents of
the child are or have been married and there has been no

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court order of custody, knowingly conceals, detains, or
removes the child with physical force or threat of physical
force.
(8) Knowingly conceals, detains, or removes the child
for payment or promise of payment at the instruction of a
person who has no legal right to custody.
(9) Knowingly retains in this State for 30 days a child
removed from another state without the consent of the
lawful custodian or in violation of a valid court order of
custody.
(10) Intentionally lures or attempts to lure a child
under the age of 16 into a motor vehicle, building,
housetrailer, or dwelling place without the consent of the
child's parent or lawful custodian for other than a lawful
purpose. For the purposes of this item (10), the luring or
attempted luring of a child under the age of 16 into a
motor vehicle, building, housetrailer, or dwelling place
without the consent of the child's parent or lawful
custodian is prima facie evidence of other than a lawful
purpose.
(11) With the intent to obstruct or prevent efforts to
locate the child victim of a child abduction, knowingly
destroys, alters, conceals, or disguises physical evidence
or furnishes false information.
(c) It is an affirmative defense to subsections (b)(1)
through (b)(10) of this Section that:

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(1) the person had custody of the child pursuant to a
court order granting legal custody or visitation rights
that existed at the time of the alleged violation;
(2) the person had physical custody of the child
pursuant to a court order granting legal custody or
visitation rights and failed to return the child as a
result of circumstances beyond his or her control, and the
person notified and disclosed to the other parent or legal
custodian the specific whereabouts of the child and a means
by which the child could be contacted or made a reasonable
attempt to notify the other parent or lawful custodian of
the child of those circumstances and made the disclosure
within 24 hours after the visitation period had expired and
returned the child as soon as possible;
(3) the person was fleeing an incidence or pattern of
domestic violence; or
(4) the person lured or attempted to lure a child under
the age of 16 into a motor vehicle, building, housetrailer,
or dwelling place for a lawful purpose in prosecutions
under paragraph (10) of subsection (b).
(d) A person convicted of child abduction under this
Section is guilty of a Class 4 felony. A person convicted of a
second or subsequent violation of paragraph (10) of subsection
(b) of this Section is guilty of a Class 3 felony. It is a
factor in aggravation under subsections (b)(1) through (b)(10)
of this Section for which a court may impose a more severe

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sentence under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5
of Chapter V of the Unified Code of Corrections if, upon
sentencing, the court finds evidence of any of the following
aggravating factors:
(1) that the defendant abused or neglected the child
following the concealment, detention, or removal of the
child;
(2) that the defendant inflicted or threatened to
inflict physical harm on a parent or lawful custodian of
the child or on the child with intent to cause that parent
or lawful custodian to discontinue criminal prosecution of
the defendant under this Section;
(3) that the defendant demanded payment in exchange for
return of the child or demanded that he or she be relieved
of the financial or legal obligation to support the child
in exchange for return of the child;
(4) that the defendant has previously been convicted of
child abduction;
(5) that the defendant committed the abduction while
armed with a deadly weapon or the taking of the child
resulted in serious bodily injury to another; or
(6) that the defendant committed the abduction while in
a school, regardless of the time of day or time of year; in
a playground; on any conveyance owned, leased, or
contracted by a school to transport students to or from
school or a school related activity; on the real property

SB3733 Enrolled - 1573 - LRB096 19592 AMC 34984 b
of a school; or on a public way within 1,000 feet of the
real property comprising any school or playground. For
purposes of this paragraph (6), "playground" means a piece
of land owned or controlled by a unit of local government
that is designated by the unit of local government for use
solely or primarily for children's recreation; and
"school" means a public or private elementary or secondary
school, community college, college, or university.
(e) The court may order the child to be returned to the
parent or lawful custodian from whom the child was concealed,
detained, or removed. In addition to any sentence imposed, the
court may assess any reasonable expense incurred in searching
for or returning the child against any person convicted of
violating this Section.
(f) Nothing contained in this Section shall be construed to
limit the court's contempt power.
(g) Every law enforcement officer investigating an alleged
incident of child abduction shall make a written police report
of any bona fide allegation and the disposition of that
investigation. Every police report completed pursuant to this
Section shall be compiled and recorded within the meaning of
Section 5.1 of the Criminal Identification Act.
(h) Whenever a law enforcement officer has reasons to
believe a child abduction has occurred, she or he shall provide
the lawful custodian a summary of her or his rights under this
Code, including the procedures and relief available to her or

SB3733 Enrolled - 1574 - LRB096 19592 AMC 34984 b
him.
(i) If during the course of an investigation under this
Section the child is found in the physical custody of the
defendant or another, the law enforcement officer shall return
the child to the parent or lawful custodian from whom the child
was concealed, detained, or removed, unless there is good cause
for the law enforcement officer or the Department of Children
and Family Services to retain temporary protective custody of
the child pursuant to the Abused and Neglected Child Reporting
Act.
(Source: P.A. 95-1052, eff. 7-1-09; 96-710, eff. 1-1-10;
revised 10-6-09.)
(720 ILCS 5/10-5.5)
Sec. 10-5.5. Unlawful visitation or parenting time
interference.
(a) As used in this Section, the terms "child", "detain",
and "lawful custodian" have the meanings ascribed to them in
Section 10-5 of this Code.
(b) Every person who, in violation of the visitation,
parenting time, or custody time provisions of a court order
relating to child custody, detains or conceals a child with the
intent to deprive another person of his or her rights to
visitation, parenting time, or custody time commits the offense
of unlawful visitation or parenting time interference.
(c) A person committing unlawful visitation or parenting

SB3733 Enrolled - 1575 - LRB096 19592 AMC 34984 b
time interference is guilty of a petty offense. Any person
violating this Section after 2 prior convictions of unlawful
visitation interference or unlawful visitation or parenting
time interference, however, is guilty of a Class A misdemeanor.
(d) Any law enforcement officer who has probable cause to
believe that a person has committed or is committing an act in
violation of this Section shall issue to that person a notice
to appear.
(e) The notice shall:
(1) be in writing;
(2) state the name of the person and his or her
address, if known;
(3) set forth the nature of the offense;
(4) be signed by the officer issuing the notice; and
(5) request the person to appear before a court at a
certain time and place.
(f) Upon failure of the person to appear, a summons or
warrant of arrest may be issued.
(g) It is an affirmative defense that:
(1) a person or lawful custodian committed the act to
protect the child from imminent physical harm, provided
that the defendant's belief that there was physical harm
imminent was reasonable and that the defendant's conduct in
withholding visitation rights, parenting time, or custody
time was a reasonable response to the harm believed
imminent;

SB3733 Enrolled - 1576 - LRB096 19592 AMC 34984 b
(2) the act was committed with the mutual consent of
all parties having a right to custody and visitation of the
child or parenting time with the child; or
(3) the act was otherwise authorized by law. or
parenting time, parenting time, or custody time
(Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09;
96-710, eff. 1-1-10; revised 10-6-09.)
(720 ILCS 5/10-9)
Sec. 10-9. Trafficking in persons, involuntary servitude,
and related offenses.
(a) Definitions. In this Section:
(1) "Intimidation" has the meaning prescribed in
Section 12-6.
(2) "Commercial sexual activity" means any sex act on
account of which anything of value is given, promised to,
or received by any person.
(3) "Financial harm" includes intimidation that brings
about financial loss, criminal usury, or employment
contracts that violate the Frauds Act.
(4) "Forced labor or services" means labor or services
that are performed or provided by another person and are
obtained or maintained through:
(A) any scheme, plan, or pattern intending to cause
or threatening to cause serious harm to any person;
(B) an actor's physically restraining or

SB3733 Enrolled - 1577 - LRB096 19592 AMC 34984 b
threatening to physically restrain another person;
(C) an actor's abusing or threatening to abuse the
law or legal process;
(D) an actor's knowingly destroying, concealing,
removing, confiscating, or possessing any actual or
purported passport or other immigration document, or
any other actual or purported government
identification document, of another person;
(E) an actor's blackmail; or
(F) an actor's causing or threatening to cause
financial harm to or exerting financial control over
any person.
(5) "Labor" means work of economic or financial value.
(6) "Maintain" means, in relation to labor or services,
to secure continued performance thereof, regardless of any
initial agreement on the part of the victim to perform that
type of service.
(7) "Obtain" means, in relation to labor or services,
to secure performance thereof.
(8) "Services" means activities resulting from a
relationship between a person and the actor in which the
person performs activities under the supervision of or for
the benefit of the actor. Commercial sexual activity and
sexually-explicit performances are forms of activities
that are "services" under this Section. Nothing in this
definition may be construed to legitimize or legalize

SB3733 Enrolled - 1578 - LRB096 19592 AMC 34984 b
prostitution.
(9) "Sexually-explicit performance" means a live,
recorded, broadcast (including over the Internet), or
public act or show intended to arouse or satisfy the sexual
desires or appeal to the prurient interests of patrons.
(10) "Trafficking victim" means a person subjected to
the practices set forth in subsection (b), (c), or (d).
(b) Involuntary servitude. A person commits the offense of
involuntary servitude when he or she knowingly subjects,
attempts to subject, or engages in a conspiracy to subject
another person to forced labor or services and:
(1) causes or threatens to cause physical harm to any
person;
(2) physically restrains or threatens to physically
restrain another person;
(3) abuses or threatens to abuse the law or legal
process;
(4) knowingly destroys, conceals, removes,
confiscates, or possesses any actual or purported passport
or other immigration document, or any other actual or
purported government identification document, of another
person; or
(5) uses intimidation, or uses or threatens to cause
financial harm to or exerts financial control over any
person.
Sentence. Except as otherwise provided in subsection (e) or

SB3733 Enrolled - 1579 - LRB096 19592 AMC 34984 b
(f), a violation of subsection (b)(1) is a Class X felony,
(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
is a Class 3 felony, and (b)(5) is a Class 4 felony.
(c) Involuntary sexual servitude of a minor. A person
commits the offense of involuntary sexual servitude of a minor
when he or she knowingly recruits, entices, harbors,
transports, provides, or obtains by any means, or attempts to
recruit, entice, harbor, provide, or obtain by any means,
another person under 18 years of age, knowing that the minor
will engage in commercial sexual activity, a sexually-explicit
performance, or the production of pornography, or causes or
attempts to cause a minor to engage in one or more of those
activities and:
(1) there is no overt force or threat and the minor is
between the ages of 17 and 18 years;
(2) there is no overt force or threat and the minor is
under the age of 17 years; or
(3) there is overt force or threat.
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of subsection (c)(1) is a Class 1 felony,
(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
(d) Trafficking in persons for forced labor or services. A
person commits the offense of trafficking in persons for forced
labor or services when he or she knowingly: (1) recruits,
entices, harbors, transports, provides, or obtains by any
means, or attempts to recruit, entice, harbor, transport,

SB3733 Enrolled - 1580 - LRB096 19592 AMC 34984 b
provide, or obtain by any means, another person, intending or
knowing that the person will be subjected to forced labor or
services; or (2) benefits, financially or by receiving anything
of value, from participation in a venture that has engaged in
an act of involuntary servitude or involuntary sexual servitude
of a minor.
Sentence. Except as otherwise provided in subsection (e) or
(f), a violation of this subsection is a Class 1 felony.
(e) Aggravating factors. A violation of this Section
involving kidnapping or an attempt to kidnap, aggravated
criminal sexual assault or an attempt to commit aggravated
criminal sexual assault, or an attempt to commit first degree
murder is a Class X felony.
(f) Sentencing considerations.
(1) Bodily injury. If, pursuant to a violation of this
Section, a victim suffered bodily injury, the defendant may
be sentenced to an extended-term sentence under Section
5-8-2 of the Unified Code of Corrections. The sentencing
court must take into account the time in which the victim
was held in servitude, with increased penalties for cases
in which the victim was held for between 180 days and one
year, and increased penalties for cases in which the victim
was held for more than one year.
(2) Number of victims. In determining sentences within
statutory maximums, the sentencing court should take into
account the number of victims, and may provide for

SB3733 Enrolled - 1581 - LRB096 19592 AMC 34984 b
substantially increased sentences in cases involving more
than 10 victims.
(g) Restitution. Restitution is mandatory under this
Section. In addition to any other amount of loss identified,
the court shall order restitution including the greater of (1)
the gross income or value to the defendant of the victim's
labor or services or (2) the value of the victim's labor as
guaranteed under the Minimum Wage Law and overtime provisions
of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
whichever is greater.
(h) Trafficking victim services. Subject to the
availability of funds, the Department of Human Services may
provide or fund emergency services and assistance to
individuals who are victims of one or more offenses defined in
this Section.
(i) Certification. The Attorney General, a State's
Attorney, or any law enforcement official shall certify in
writing to the United States Department of Justice or other
federal agency, such as the United States Department of
Homeland Security, that an investigation or prosecution under
this Section has begun and the individual who is a likely
victim of a crime described in this Section is willing to
cooperate or is cooperating with the investigation to enable
the individual, if eligible under federal law, to qualify for
an appropriate special immigrant visa and to access available
federal benefits. Cooperation with law enforcement shall not be

SB3733 Enrolled - 1582 - LRB096 19592 AMC 34984 b
required of victims of a crime described in this Section who
are under 18 years of age. This certification shall be made
available to the victim and his or her designated legal
representative.
(j) A person who commits the offense of involuntary
servitude, involuntary sexual servitude of a minor, or
trafficking in persons for forced labor or services under
subsection (b), (c), or (d) of this Section is subject to the
property forfeiture provisions set forth in Article 124B of the
Code of Criminal Procedure of 1963. shall forfeit to the State
of Illinois any profits or proceeds and any interest or
property he or she has acquired or maintained in violation of
subsection (b), (c), or (d) of this Section that the sentencing
court determines, after a forfeiture hearing, to have been
acquired or maintained as a result of maintaining a person in
involuntary servitude or participating in trafficking in
persons for forced labor or services.
Upon petition by the Attorney General or State's Attorney
at any time following sentencing, the court shall conduct a
hearing to determine whether any property or property interest
is subject to forfeiture under this Section. At the forfeiture
hearing the People have the burden of establishing, by a
preponderance of the evidence, that property or property
interests are subject to forfeiture under this Section.
In any action brought by the People of the State of
Illinois under this Section, in which a restraining order,

SB3733 Enrolled - 1583 - LRB096 19592 AMC 34984 b
injunction, or prohibition or any other action in connection
with any property or interest subject to forfeiture under this
Section is sought, the circuit court presiding over the trial
of the person or persons charged with involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons for forced labor or services shall first determine
whether there is probable cause to believe that the person or
persons so charged have committed the offense of involuntary
servitude, involuntary sexual servitude of a minor, or
trafficking in persons for forced labor or services and whether
the property or interest is subject to forfeiture under this
Section. In order to make that determination, prior to entering
any such order, the court shall conduct a hearing without a
jury, in which the People shall establish that there is: (i)
probable cause that the person or persons so charged have
committed the offense of involuntary servitude, involuntary
sexual servitude of a minor, or trafficking in persons for
forced labor or services and (ii) probable cause that any
property or interest may be subject to forfeiture under this
Section. The hearing may be conducted simultaneously with a
preliminary hearing, if the prosecution is commenced by
information or complaint, or by motion of the People, at any
stage in the proceedings. The court may accept a finding of
probable cause at a preliminary hearing following the filing of
an information charging the offense of involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in

SB3733 Enrolled - 1584 - LRB096 19592 AMC 34984 b
persons for forced labor or services or the return of an
indictment by a grand jury charging the offense of involuntary
servitude, involuntary sexual servitude of a minor, or
trafficking in persons for forced labor or services as
sufficient evidence of probable cause as provided in item (i)
of this paragraph. Upon a finding, the circuit court shall
enter the restraining order, injunction, or prohibition, or
shall take such other action in connection with any such
property or other interest subject to forfeiture, as is
necessary to ensure that the property is not removed from the
jurisdiction of the court, concealed, destroyed, or otherwise
disposed of by the owner of that property or interest prior to
a forfeiture hearing under this Section. The Attorney General
or State's Attorney shall file a certified copy of the
restraining order, injunction, or other prohibition with the
recorder or registrar of titles of each county where any such
property of the defendant may be located. No such injunction,
restraining order, or other prohibition shall affect the rights
of any bona fide purchaser, mortgagee, judgment creditor, or
other lien holder arising prior to the date of that filing. At
any time, upon verified petition by the defendant or an
innocent owner or innocent bona fide third party lien holder
who neither had knowledge of, nor consented to, the illegal act
or omission, the court may conduct a hearing to release all or
portions of any such property or interest that the court
previously determined to be subject to forfeiture or subject to

SB3733 Enrolled - 1585 - LRB096 19592 AMC 34984 b
any restraining order, injunction, or prohibition or other
action. The court may release that property to the defendant or
innocent owner or innocent bona fide third party lien holder
who neither had knowledge of nor consented to the illegal act
or omission for good cause shown and within the sound
discretion of the court.
Upon conviction of a person of involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons for forced labor or services, the court shall authorize
the Attorney General to seize all property or other interest
declared forfeited under this Section upon terms and conditions
the court deems proper.
All moneys forfeited and the sale proceeds of all other
property forfeited and seized under this Section shall be
distributed as follows:
(1) one-half shall be divided equally between all State
agencies and units of local government whose officers or
employees conducted the investigation that resulted in the
forfeiture; and
(2) one-half shall be deposited into the Violent Crime
Victims Assistance Fund and targeted to services for
victims of the offenses of involuntary servitude,
involuntary sexual servitude of a minor, and trafficking in
persons for forced labor or services.
(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff.
1-1-10; revised 10-8-09.)

SB3733 Enrolled - 1586 - LRB096 19592 AMC 34984 b
(720 ILCS 5/11-9.4)
Sec. 11-9.4. Approaching, contacting, residing, or
communicating with a child within certain places by child sex
offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be
present in any public park building or on real property
comprising any public park when persons under the age of 18 are
present in the building or on the grounds and to approach,
contact, or communicate with a child under 18 years of age,
unless the offender is a parent or guardian of a person under
18 years of age present in the building or on the grounds.
(b) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
(b-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a playground, child care institution,
day care center, part day child care facility, day care home,
group day care home, or a facility providing programs or
services exclusively directed toward persons under 18 years of
age. Nothing in this subsection (b-5) prohibits a child sex

SB3733 Enrolled - 1587 - LRB096 19592 AMC 34984 b
offender from residing within 500 feet of a playground or a
facility providing programs or services exclusively directed
toward persons under 18 years of age if the property is owned
by the child sex offender and was purchased before the
effective date of this amendatory Act of the 91st General
Assembly. Nothing in this subsection (b-5) prohibits a child
sex offender from residing within 500 feet of a child care
institution, day care center, or part day child care facility
if the property is owned by the child sex offender and was
purchased before the effective date of this amendatory Act of
the 94th General Assembly. Nothing in this subsection (b-5)
prohibits a child sex offender from residing within 500 feet of
a day care home or group day care home if the property is owned
by the child sex offender and was purchased before August 14,
2008 (the effective date of Public Act 95-821).
(b-6) It is unlawful for a child sex offender to knowingly
reside within 500 feet of the victim of the sex offense.
Nothing in this subsection (b-6) prohibits a child sex offender
from residing within 500 feet of the victim if the property in
which the child sex offender resides is owned by the child sex
offender and was purchased before the effective date of this
amendatory Act of the 92nd General Assembly.
This subsection (b-6) does not apply if the victim of the
sex offense is 21 years of age or older.
(b-7) It is unlawful for a child sex offender to knowingly
communicate, other than for a lawful purpose under Illinois

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law, using the Internet or any other digital media, with a
person under 18 years of age or with a person whom he or she
believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
(c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed towards persons
under the age of 18; (ii) day care center; (iii) part day child
care facility; (iv) child care institution; (v) school
providing before and after school programs for children under
18 years of age; (vi) day care home; or (vii) group day care
home. This does not prohibit a child sex offender from owning
the real property upon which the programs or services are
offered or upon which the day care center, part day child care
facility, child care institution, or school providing before
and after school programs for children under 18 years of age is
located, provided the child sex offender refrains from being
present on the premises for the hours during which: (1) the
programs or services are being offered or (2) the day care
center, part day child care facility, child care institution,
school providing before and after school programs for children
under 18 years of age, day care home, or group day care home is
operated.
(c-5) It is unlawful for a child sex offender to knowingly

SB3733 Enrolled - 1589 - LRB096 19592 AMC 34984 b
operate, manage, be employed by, or be associated with any
county fair when persons under the age of 18 are present.
(c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820).
(c-7) It is unlawful for a child sex offender to knowingly
offer or provide any programs or services to persons under 18
years of age in his or her residence or the residence of
another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
(c-8) It is unlawful for a child sex offender to knowingly
operate, whether authorized to do so or not, any of the
following vehicles: (1) a vehicle which is specifically
designed, constructed or modified and equipped to be used for
the retail sale of food or beverages, including but not limited
to an ice cream truck; (2) an authorized emergency vehicle; or
(3) a rescue vehicle.
(d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any

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substantially similar federal law or law of another
state, with a sex offense set forth in paragraph (2) of
this subsection (d) or the attempt to commit an
included sex offense, and:
(A) is convicted of such offense or an attempt
to commit such offense; or
(B) is found not guilty by reason of insanity
of such offense or an attempt to commit such
offense; or
(C) is found not guilty by reason of insanity
pursuant to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense
or an attempt to commit such offense; or
(D) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged
commission or attempted commission of such
offense; or
(E) is found not guilty by reason of insanity
following a hearing conducted pursuant to a
federal law or the law of another state
substantially similar to subsection (c) of Section
104-25 of the Code of Criminal Procedure of 1963 of
such offense or of the attempted commission of such
offense; or

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(F) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
a federal law or the law of another state
substantially similar to subsection (a) of Section
104-25 of the Code of Criminal Procedure of 1963
for the alleged violation or attempted commission
of such offense; or
(ii) is certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons
Act, or any substantially similar federal law or the
law of another state, when any conduct giving rise to
such certification is committed or attempted against a
person less than 18 years of age; or
(iii) is subject to the provisions of Section 2 of
the Interstate Agreements on Sexually Dangerous
Persons Act.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same
time, shall be counted for the purpose of this Section as
one conviction. Any conviction set aside pursuant to law is
not a conviction for purposes of this Section.
(2) Except as otherwise provided in paragraph (2.5),
"sex offense" means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961: 10-7 (aiding or abetting
child abduction under Section 10-5(b)(10)),

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10-5(b)(10) (child luring), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9 (public indecency when
committed in a school, on the real property comprising
a school, on a conveyance owned, leased, or contracted
by a school to transport students to or from school or
a school related activity, or in a public park), 11-9.1
(sexual exploitation of a child), 11-15.1 (soliciting
for a juvenile prostitute), 11-17.1 (keeping a place of
juvenile prostitution), 11-18.1 (patronizing a
juvenile prostitute), 11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child), 11-20.1 (child
pornography), 11-20.3 (aggravated child pornography),
11-21 (harmful material), 12-14.1 (predatory criminal
sexual assault of a child), 12-33 (ritualized abuse of
a child), 11-20 (obscenity) (when that offense was
committed in any school, on real property comprising
any school, on any conveyance owned, leased, or
contracted by a school to transport students to or from
school or a school related activity, or in a public
park). An attempt to commit any of these offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age: 12-13 (criminal sexual
assault), 12-14 (aggravated criminal sexual assault),
12-15 (criminal sexual abuse), 12-16 (aggravated

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criminal sexual abuse). An attempt to commit any of
these offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age and the defendant is not a
parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in
clause (2)(i) of this subsection (d).
(2.5) For the purposes of subsection (b-5) only, a sex
offense means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961:
10-5(b)(10) (child luring), 10-7 (aiding or
abetting child abduction under Section
10-5(b)(10)), 11-6 (indecent solicitation of a
child), 11-6.5 (indecent solicitation of an
adult), 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a juvenile
prostitute), 11-19.1 (juvenile pimping), 11-19.2

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(exploitation of a child), 11-20.1 (child
pornography), 11-20.3 (aggravated child
pornography), 12-14.1 (predatory criminal sexual
assault of a child), or 12-33 (ritualized abuse of
a child). An attempt to commit any of these
offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age: 12-13 (criminal sexual
assault), 12-14 (aggravated criminal sexual assault),
12-16 (aggravated criminal sexual abuse), and
subsection (a) of Section 12-15 (criminal sexual
abuse). An attempt to commit any of these offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age and the defendant is not a
parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
paragraph (2.5) of this subsection.
(3) A conviction for an offense of federal law or the

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law of another state that is substantially equivalent to
any offense listed in paragraph (2) of this subsection (d)
shall constitute a conviction for the purpose of this
Section. A finding or adjudication as a sexually dangerous
person under any federal law or law of another state that
is substantially equivalent to the Sexually Dangerous
Persons Act shall constitute an adjudication for the
purposes of this Section.
(4) "Public park" includes a park, forest preserve, or
conservation area under the jurisdiction of the State or a
unit of local government.
(5) "Facility providing programs or services directed
towards persons under the age of 18" means any facility
providing programs or services exclusively directed
towards persons under the age of 18.
(6) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around public
park property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around public
park property, for the purpose of committing or
attempting to commit a sex offense.
(7) "Playground" means a piece of land owned or
controlled by a unit of local government that is designated
by the unit of local government for use solely or primarily

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for children's recreation.
(8) "Child care institution" has the meaning ascribed
to it in Section 2.06 of the Child Care Act of 1969.
(9) "Day care center" has the meaning ascribed to it in
Section 2.09 of the Child Care Act of 1969.
(10) "Part day child care facility" has the meaning
ascribed to it in Section 2.10 of the Child Care Act of
1969.
(11) "Day care home" has the meaning ascribed to it in
Section 2.18 of the Child Care Act of 1969.
(12) "Group day care home" has the meaning ascribed to
it in Section 2.20 of the Child Care Act of 1969.
(13) "Internet" means an interactive computer service
or system or an information service, system, or access
software provider that provides or enables computer access
by multiple users to a computer server, and includes, but
is not limited to, an information service, system, or
access software provider that provides access to a network
system commonly known as the Internet, or any comparable
system or service and also includes, but is not limited to,
a World Wide Web page, newsgroup, message board, mailing
list, or chat area on any interactive computer service or
system or other online service.
(14) "Authorized emergency vehicle", "rescue vehicle",
and "vehicle" have the meanings ascribed to them in
Sections 1-105, 1-171.8 and 1-217, respectively, of the

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Illinois Vehicle Code.
(d-5) For the purposes of this Section, the 500 feet
distance shall be measured from the edge of the property
comprising the public park building or the real property
comprising the public park, playground, child care
institution, day care center, part day child care facility, or
a facility providing programs or services exclusively directed
toward persons under 18 years of age, or a victim of the sex
offense who is under 21 years of age to the edge of the child
sex offender's place of residence or where he or she is
loitering.
(e) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 95-32, eff. 1-1-08; 95-640, eff. 6-1-08; 95-819,
eff. 1-1-09; 95-820, eff. 1-1-09; 95-821, eff. 8-14-08; 95-876,
eff. 8-21-08; 95-983, eff. 6-1-09; 96-118, eff. 8-4-09; 96-328,
eff. 8-11-09; 96-710, eff. 1-1-10; revised 10-6-09.)
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
Sec. 11-20.1. Child pornography.
(a) A person commits the offense of child pornography who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium
or reproduction or depicts by computer any child whom he
knows or reasonably should know to be under the age of 18
or any severely or profoundly mentally retarded person

SB3733 Enrolled - 1598 - LRB096 19592 AMC 34984 b
where such child or severely or profoundly mentally
retarded person is:
(i) actually or by simulation engaged in any act of
sexual penetration or sexual conduct with any person or
animal; or
(ii) actually or by simulation engaged in any act
of sexual penetration or sexual conduct involving the
sex organs of the child or severely or profoundly
mentally retarded person and the mouth, anus, or sex
organs of another person or animal; or which involves
the mouth, anus or sex organs of the child or severely
or profoundly mentally retarded person and the sex
organs of another person or animal; or
(iii) actually or by simulation engaged in any act
of masturbation; or
(iv) actually or by simulation portrayed as being
the object of, or otherwise engaged in, any act of lewd
fondling, touching, or caressing involving another
person or animal; or
(v) actually or by simulation engaged in any act of
excretion or urination within a sexual context; or
(vi) actually or by simulation portrayed or
depicted as bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in any sexual
context; or
(vii) depicted or portrayed in any pose, posture or

SB3733 Enrolled - 1599 - LRB096 19592 AMC 34984 b
setting involving a lewd exhibition of the unclothed or
transparently clothed genitals, pubic area, buttocks,
or, if such person is female, a fully or partially
developed breast of the child or other person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate,
exhibits or possesses with intent to disseminate any film,
videotape, photograph or other similar visual reproduction
or depiction by computer of any child or severely or
profoundly mentally retarded person whom the person knows
or reasonably should know to be under the age of 18 or to
be a severely or profoundly mentally retarded person,
engaged in any activity described in subparagraphs (i)
through (vii) of paragraph (1) of this subsection; or
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance, film,
videotape or other similar visual portrayal or depiction by
computer which includes a child whom the person knows or
reasonably should know to be under the age of 18 or a
severely or profoundly mentally retarded person engaged in
any activity described in subparagraphs (i) through (vii)
of paragraph (1) of this subsection; or
(4) solicits, uses, persuades, induces, entices, or
coerces any child whom he knows or reasonably should know
to be under the age of 18 or a severely or profoundly
mentally retarded person to appear in any stage play, live

SB3733 Enrolled - 1600 - LRB096 19592 AMC 34984 b
presentation, film, videotape, photograph or other similar
visual reproduction or depiction by computer in which the
child or severely or profoundly mentally retarded person is
or will be depicted, actually or by simulation, in any act,
pose or setting described in subparagraphs (i) through
(vii) of paragraph (1) of this subsection; or
(5) is a parent, step-parent, legal guardian or other
person having care or custody of a child whom the person
knows or reasonably should know to be under the age of 18
or a severely or profoundly mentally retarded person and
who knowingly permits, induces, promotes, or arranges for
such child or severely or profoundly mentally retarded
person to appear in any stage play, live performance, film,
videotape, photograph or other similar visual
presentation, portrayal or simulation or depiction by
computer of any act or activity described in subparagraphs
(i) through (vii) of paragraph (1) of this subsection; or
(6) with knowledge of the nature or content thereof,
possesses any film, videotape, photograph or other similar
visual reproduction or depiction by computer of any child
or severely or profoundly mentally retarded person whom the
person knows or reasonably should know to be under the age
of 18 or to be a severely or profoundly mentally retarded
person, engaged in any activity described in subparagraphs
(i) through (vii) of paragraph (1) of this subsection; or
(7) solicits, uses, persuades, induces, entices, or

SB3733 Enrolled - 1601 - LRB096 19592 AMC 34984 b
coerces a person to provide a child under the age of 18 or
a severely or profoundly mentally retarded person to appear
in any videotape, photograph, film, stage play, live
presentation, or other similar visual reproduction or
depiction by computer in which the child or severely or
profoundly mentally retarded person will be depicted,
actually or by simulation, in any act, pose, or setting
described in subparagraphs (i) through (vii) of paragraph
(1) of this subsection.
(b) (1) It shall be an affirmative defense to a charge of
child pornography that the defendant reasonably believed,
under all of the circumstances, that the child was 18 years
of age or older or that the person was not a severely or
profoundly mentally retarded person but only where, prior
to the act or acts giving rise to a prosecution under this
Section, he took some affirmative action or made a bonafide
inquiry designed to ascertain whether the child was 18
years of age or older or that the person was not a severely
or profoundly mentally retarded person and his reliance
upon the information so obtained was clearly reasonable.
(2) (Blank).
(3) The charge of child pornography shall not apply to
the performance of official duties by law enforcement or
prosecuting officers or persons employed by law
enforcement or prosecuting agencies, court personnel or
attorneys, nor to bonafide treatment or professional

SB3733 Enrolled - 1602 - LRB096 19592 AMC 34984 b
education programs conducted by licensed physicians,
psychologists or social workers.
(4) Possession by the defendant of more than one of the
same film, videotape or visual reproduction or depiction by
computer in which child pornography is depicted shall raise
a rebuttable presumption that the defendant possessed such
materials with the intent to disseminate them.
(5) The charge of child pornography does not apply to a
person who does not voluntarily possess a film, videotape,
or visual reproduction or depiction by computer in which
child pornography is depicted. Possession is voluntary if
the defendant knowingly procures or receives a film,
videotape, or visual reproduction or depiction for a
sufficient time to be able to terminate his or her
possession.
(6) Any violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) that includes a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
shall be deemed a crime of violence.
(c) Violation of paragraph (1), (4), (5), or (7) of
subsection (a) is a Class 1 felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. Violation of
paragraph (3) of subsection (a) is a Class 1 felony with a
mandatory minimum fine of $1500 and a maximum fine of $100,000.

SB3733 Enrolled - 1603 - LRB096 19592 AMC 34984 b
Violation of paragraph (2) of subsection (a) is a Class 1
felony with a mandatory minimum fine of $1000 and a maximum
fine of $100,000. Violation of paragraph (6) of subsection (a)
is a Class 3 felony with a mandatory minimum fine of $1000 and
a maximum fine of $100,000.
(d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric
examination of the person. The examiner shall report to the
court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar visual
reproduction or depiction by computer which includes a child
under the age of 18 or a severely or profoundly mentally
retarded person engaged in any activity described in
subparagraphs (i) through (vii) or paragraph 1 of subsection
(a), and any material or equipment used or intended for use in
photographing, filming, printing, producing, reproducing,
manufacturing, projecting, exhibiting, depiction by computer,
or disseminating such material shall be seized and forfeited in
the manner, method and procedure provided by Section 36-1 of
this Code for the seizure and forfeiture of vessels, vehicles
and aircraft.
In addition, any person convicted under this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
(e-5) Upon the conclusion of a case brought under this

SB3733 Enrolled - 1604 - LRB096 19592 AMC 34984 b
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to unseal
and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth
the purpose for viewing the material. The State's attorney and
the victim, if possible, shall be provided reasonable notice of
the hearing on the motion to unseal the evidence. Any person
entitled to notice of a hearing under this subsection (e-5) may
object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
exchange or transfer possession, whether with or without
consideration or (ii) to make a depiction by computer
available for distribution or downloading through the
facilities of any telecommunications network or through
any other means of transferring computer programs or data
to a computer.
(2) "Produce" means to direct, promote, advertise,
publish, manufacture, issue, present or show.
(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or create,
or cause to be created or generated, a computer program or
data that, after being processed by a computer either alone
or in conjunction with one or more computer programs,
results in a visual depiction on a computer monitor,

SB3733 Enrolled - 1605 - LRB096 19592 AMC 34984 b
screen, or display.
(5) "Depiction by computer" means a computer program or
data that, after being processed by a computer either alone
or in conjunction with one or more computer programs,
results in a visual depiction on a computer monitor,
screen, or display.
(6) "Computer", "computer program", and "data" have
the meanings ascribed to them in Section 16D-2 of this
Code.
(7) "Child" includes a film, videotape, photograph, or
other similar visual medium or reproduction or depiction by
computer that is, or appears to be, that of a person,
either in part, or in total, under the age of 18,
regardless of the method by which the film, videotape,
photograph, or other similar visual medium or reproduction
or depiction by computer is created, adopted, or modified
to appear as such. "Child" also includes a film, videotape,
photograph, or other similar visual medium or reproduction
or depiction by computer that is advertised, promoted,
presented, described, or distributed in such a manner that
conveys the impression that the film, videotape,
photograph, or other similar visual medium or reproduction
or depiction by computer is of a person under the age of
18.
(8) "Sexual penetration" and "sexual conduct" have the
meanings ascribed to them in Section 12-12 of this Code.

SB3733 Enrolled - 1606 - LRB096 19592 AMC 34984 b
(g) Re-enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50-5 of Public Act 88-680, effective
January 1, 1995, contained provisions amending the
child pornography statute, Section 11-20.1 of the
Criminal Code of 1961. Section 50-5 also contained
other provisions.
(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A)
Article 5 was entitled JUVENILE JUSTICE and amended the
Juvenile Court Act of 1987. (B) Article 15 was entitled
GANGS and amended various provisions of the Criminal
Code of 1961 and the Unified Code of Corrections. (C)
Article 20 was entitled ALCOHOL ABUSE and amended
various provisions of the Illinois Vehicle Code. (D)
Article 25 was entitled DRUG ABUSE and amended the
Cannabis Control Act and the Illinois Controlled
Substances Act. (E) Article 30 was entitled FIREARMS
and amended the Criminal Code of 1961 and the Code of
Criminal Procedure of 1963. (F) Article 35 amended the
Criminal Code of 1961, the Rights of Crime Victims and
Witnesses Act, and the Unified Code of Corrections. (G)
Article 40 amended the Criminal Code of 1961 to
increase the penalty for compelling organization
membership of persons. (H) Article 45 created the
Secure Residential Youth Care Facility Licensing Act

SB3733 Enrolled - 1607 - LRB096 19592 AMC 34984 b
and amended the State Finance Act, the Juvenile Court
Act of 1987, the Unified Code of Corrections, and the
Private Correctional Facility Moratorium Act. (I)
Article 50 amended the WIC Vendor Management Act, the
Firearm Owners Identification Card Act, the Juvenile
Court Act of 1987, the Criminal Code of 1961, the
Wrongs to Children Act, and the Unified Code of
Corrections.
(iii) On September 22, 1998, the Third District
Appellate Court in People v. Dainty, 701 N.E. 2d 118,
ruled that Public Act 88-680 violates the single
subject clause of the Illinois Constitution (Article
IV, Section 8 (d)) and was unconstitutional in its
entirety. As of the time this amendatory Act of 1999
was prepared, People v. Dainty was still subject to
appeal.
(iv) Child pornography is a vital concern to the
people of this State and the validity of future
prosecutions under the child pornography statute of
the Criminal Code of 1961 is in grave doubt.
(2) It is the purpose of this amendatory Act of 1999 to
prevent or minimize any problems relating to prosecutions
for child pornography that may result from challenges to
the constitutional validity of Public Act 88-680 by
re-enacting the Section relating to child pornography that
was included in Public Act 88-680.

SB3733 Enrolled - 1608 - LRB096 19592 AMC 34984 b
(3) This amendatory Act of 1999 re-enacts Section
11-20.1 of the Criminal Code of 1961, as it has been
amended. This re-enactment is intended to remove any
question as to the validity or content of that Section; it
is not intended to supersede any other Public Act that
amends the text of the Section as set forth in this
amendatory Act of 1999. The material is shown as existing
text (i.e., without underscoring) because, as of the time
this amendatory Act of 1999 was prepared, People v. Dainty
was subject to appeal to the Illinois Supreme Court.
(4) The re-enactment by this amendatory Act of 1999 of
Section 11-20.1 of the Criminal Code of 1961 relating to
child pornography that was amended by Public Act 88-680 is
not intended, and shall not be construed, to imply that
Public Act 88-680 is invalid or to limit or impair any
legal argument concerning whether those provisions were
substantially re-enacted by other Public Acts.
(Source: P.A. 96-292, eff. 1-1-10; 96-712, eff. 1-1-10; revised
10-1-09.)
(720 ILCS 5/11-20.3)
Sec. 11-20.3. Aggravated child pornography.
(a) A person commits the offense of aggravated child
pornography who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium

SB3733 Enrolled - 1609 - LRB096 19592 AMC 34984 b
or reproduction or depicts by computer any child whom he or
she knows or reasonably should know to be under the age of
13 years where such child is:
(i) actually or by simulation engaged in any act of
sexual penetration or sexual conduct with any person or
animal; or
(ii) actually or by simulation engaged in any act
of sexual penetration or sexual conduct involving the
sex organs of the child and the mouth, anus, or sex
organs of another person or animal; or which involves
the mouth, anus or sex organs of the child and the sex
organs of another person or animal; or
(iii) actually or by simulation engaged in any act
of masturbation; or
(iv) actually or by simulation portrayed as being
the object of, or otherwise engaged in, any act of lewd
fondling, touching, or caressing involving another
person or animal; or
(v) actually or by simulation engaged in any act of
excretion or urination within a sexual context; or
(vi) actually or by simulation portrayed or
depicted as bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in any sexual
context; or
(vii) depicted or portrayed in any pose, posture or
setting involving a lewd exhibition of the unclothed or

SB3733 Enrolled - 1610 - LRB096 19592 AMC 34984 b
transparently clothed genitals, pubic area, buttocks,
or, if such person is female, a fully or partially
developed breast of the child or other person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate,
exhibits or possesses with intent to disseminate any film,
videotape, photograph or other similar visual reproduction
or depiction by computer of any child whom the person knows
or reasonably should know to be under the age of 13 engaged
in any activity described in subparagraphs (i) through
(vii) of paragraph (1) of this subsection; or
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance, film,
videotape or other similar visual portrayal or depiction by
computer which includes a child whom the person knows or
reasonably should know to be under the age of 13 engaged in
any activity described in subparagraphs (i) through (vii)
of paragraph (1) of this subsection; or
(4) solicits, uses, persuades, induces, entices, or
coerces any child whom he or she knows or reasonably should
know to be under the age of 13 to appear in any stage play,
live presentation, film, videotape, photograph or other
similar visual reproduction or depiction by computer in
which the child or severely or profoundly mentally retarded
person is or will be depicted, actually or by simulation,
in any act, pose or setting described in subparagraphs (i)

SB3733 Enrolled - 1611 - LRB096 19592 AMC 34984 b
through (vii) of paragraph (1) of this subsection; or
(5) is a parent, step-parent, legal guardian or other
person having care or custody of a child whom the person
knows or reasonably should know to be under the age of 13
and who knowingly permits, induces, promotes, or arranges
for such child to appear in any stage play, live
performance, film, videotape, photograph or other similar
visual presentation, portrayal or simulation or depiction
by computer of any act or activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(6) with knowledge of the nature or content thereof,
possesses any film, videotape, photograph or other similar
visual reproduction or depiction by computer of any child
whom the person knows or reasonably should know to be under
the age of 13 engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(7) solicits, or knowingly uses, persuades, induces,
entices, or coerces a person to provide a child under the
age of 13 to appear in any videotape, photograph, film,
stage play, live presentation, or other similar visual
reproduction or depiction by computer in which the child
will be depicted, actually or by simulation, in any act,
pose, or setting described in subparagraphs (i) through
(vii) of paragraph (1) of this subsection.

SB3733 Enrolled - 1612 - LRB096 19592 AMC 34984 b
(b)(1) It shall be an affirmative defense to a charge of
aggravated child pornography that the defendant reasonably
believed, under all of the circumstances, that the child was 13
years of age or older, but only where, prior to the act or acts
giving rise to a prosecution under this Section, he or she took
some affirmative action or made a bonafide inquiry designed to
ascertain whether the child was 13 years of age or older and
his or her reliance upon the information so obtained was
clearly reasonable.
(2) The charge of aggravated child pornography shall not
apply to the performance of official duties by law enforcement
or prosecuting officers or persons employed by law enforcement
or prosecuting agencies, court personnel or attorneys, nor to
bonafide treatment or professional education programs
conducted by licensed physicians, psychologists or social
workers.
(3) If the defendant possessed more than 3 of the same
film, videotape or visual reproduction or depiction by computer
in which aggravated child pornography is depicted, then the
trier of fact may infer that the defendant possessed such
materials with the intent to disseminate them.
(4) The charge of aggravated child pornography does not
apply to a person who does not voluntarily possess a film,
videotape, or visual reproduction or depiction by computer in
which aggravated child pornography is depicted. Possession is
voluntary if the defendant knowingly procures or receives a

SB3733 Enrolled - 1613 - LRB096 19592 AMC 34984 b
film, videotape, or visual reproduction or depiction for a
sufficient time to be able to terminate his or her possession.
(5) Any violation of paragraph (1), (2), (3), (4), (5), or
(7) of subsection (a) that includes a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context shall
be deemed a crime of violence.
(c) Sentence: (1) A person who commits a violation of
paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is
guilty of a Class X felony with a mandatory minimum fine of
$2,000 and a maximum fine of $100,000.
(2) A person who commits a violation of paragraph (6) of
subsection (a) is guilty of a Class 2 felony with a mandatory
minimum fine of $1000 and a maximum fine of $100,000.
(3) A person who commits a violation of paragraph (1), (2),
(3), (4), (5), or (7) of subsection (a) where the defendant has
previously been convicted under the laws of this State or any
other state of the offense of child pornography, aggravated
child pornography, aggravated criminal sexual abuse,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, or any of the offenses formerly known as
rape, deviate sexual assault, indecent liberties with a child,
or aggravated indecent liberties with a child where the victim
was under the age of 18 years or an offense that is
substantially equivalent to those offenses, is guilty of a

SB3733 Enrolled - 1614 - LRB096 19592 AMC 34984 b
Class X felony for which the person shall be sentenced to a
term of imprisonment of not less than 9 years with a mandatory
minimum fine of $2,000 and a maximum fine of $100,000.
(4) A person who commits a violation of paragraph (6) of
subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child
pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of a
child, or any of the offenses formerly known as rape, deviate
sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class 1 felony with a
mandatory minimum fine of $1000 and a maximum fine of $100,000.
(d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric
examination of the person. The examiner shall report to the
court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar visual
reproduction or depiction by computer which includes a child
under the age of 13 engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of subsection
(a), and any material or equipment used or intended for use in
photographing, filming, printing, producing, reproducing,

SB3733 Enrolled - 1615 - LRB096 19592 AMC 34984 b
manufacturing, projecting, exhibiting, depiction by computer,
or disseminating such material shall be seized and forfeited in
the manner, method and procedure provided by Section 36-1 of
this Code for the seizure and forfeiture of vessels, vehicles
and aircraft.
In addition, any person convicted under this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
(e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to unseal
and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth
the purpose for viewing the material. The State's attorney and
the victim, if possible, shall be provided reasonable notice of
the hearing on the motion to unseal the evidence. Any person
entitled to notice of a hearing under this subsection (e-5) may
object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
exchange or transfer possession, whether with or without
consideration or (ii) to make a depiction by computer
available for distribution or downloading through the
facilities of any telecommunications network or through
any other means of transferring computer programs or data

SB3733 Enrolled - 1616 - LRB096 19592 AMC 34984 b
to a computer.
(2) "Produce" means to direct, promote, advertise,
publish, manufacture, issue, present or show.
(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or create,
or cause to be created or generated, a computer program or
data that, after being processed by a computer either alone
or in conjunction with one or more computer programs,
results in a visual depiction on a computer monitor,
screen, or display.
(5) "Depiction by computer" means a computer program or
data that, after being processed by a computer either alone
or in conjunction with one or more computer programs,
results in a visual depiction on a computer monitor,
screen, or display.
(6) "Computer", "computer program", and "data" have
the meanings ascribed to them in Section 16D-2 of this
Code.
(7) For the purposes of this Section, "child" means a
person, either in part or in total, under the age of 13,
regardless of the method by which the film, videotape,
photograph, or other similar visual medium or reproduction
or depiction by computer is created, adopted, or modified
to appear as such.
(8) "Sexual penetration" and "sexual conduct" have the
meanings ascribed to them in Section 12-12 of this Code.

SB3733 Enrolled - 1617 - LRB096 19592 AMC 34984 b
(g) When a charge of aggravated child pornography is
brought, the age of the child is an element of the offense to
be resolved by the trier of fact as either exceeding or not
exceeding the age in question. The trier of fact can rely on
its own everyday observations and common experiences in making
this determination.
(Source: P.A. 95-579, eff. 6-1-08; 96-292, eff. 1-1-10; 96-712,
eff. 1-1-10; revised 10-1-09.)
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) A person commits an aggravated assault, when, in
committing an assault, he:
(1) Uses a deadly weapon, an air rifle as defined in
the Air Rifle Act, or any device manufactured and designed
to be substantially similar in appearance to a firearm,
other than by discharging a firearm in the direction of
another person, a peace officer, a person summoned or
directed by a peace officer, a correctional officer, a
private security officer, or a fireman or in the direction
of a vehicle occupied by another person, a peace officer, a
person summoned or directed by a peace officer, a
correctional officer, a private security officer, or a
fireman while the officer or fireman is engaged in the
execution of any of his official duties, or to prevent the
officer or fireman from performing his official duties, or

SB3733 Enrolled - 1618 - LRB096 19592 AMC 34984 b
in retaliation for the officer or fireman performing his
official duties;
(2) Is hooded, robed or masked in such manner as to
conceal his identity or any device manufactured and
designed to be substantially similar in appearance to a
firearm;
(3) Knows the individual assaulted to be a teacher or
other person employed in any school and such teacher or
other employee is upon the grounds of a school or grounds
adjacent thereto, or is in any part of a building used for
school purposes;
(4) Knows the individual assaulted to be a supervisor,
director, instructor or other person employed in any park
district and such supervisor, director, instructor or
other employee is upon the grounds of the park or grounds
adjacent thereto, or is in any part of a building used for
park purposes;
(5) Knows the individual assaulted to be a caseworker,
investigator, or other person employed by the Department of
Healthcare and Family Services (formerly State Department
of Public Aid), a County Department of Public Aid, or the
Department of Human Services (acting as successor to the
Illinois Department of Public Aid under the Department of
Human Services Act) and such caseworker, investigator, or
other person is upon the grounds of a public aid office or
grounds adjacent thereto, or is in any part of a building

SB3733 Enrolled - 1619 - LRB096 19592 AMC 34984 b
used for public aid purposes, or upon the grounds of a home
of a public aid applicant, recipient or any other person
being interviewed or investigated in the employee's
employees' discharge of his duties, or on grounds adjacent
thereto, or is in any part of a building in which the
applicant, recipient, or other such person resides or is
located;
(6) Knows the individual assaulted to be a peace
officer, a community policing volunteer, a private
security officer, or a fireman while the officer or fireman
is engaged in the execution of any of his official duties,
or to prevent the officer, community policing volunteer, or
fireman from performing his official duties, or in
retaliation for the officer, community policing volunteer,
or fireman performing his official duties, and the assault
is committed other than by the discharge of a firearm in
the direction of the officer or fireman or in the direction
of a vehicle occupied by the officer or fireman;
(7) Knows the individual assaulted to be an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver or other medical assistance or
first aid personnel engaged in the execution of any of his
official duties, or to prevent the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,

SB3733 Enrolled - 1620 - LRB096 19592 AMC 34984 b
ambulance driver, or other medical assistance or first aid
personnel from performing his official duties, or in
retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid personnel
performing his official duties;
(8) Knows the individual assaulted to be the driver,
operator, employee or passenger of any transportation
facility or system engaged in the business of
transportation of the public for hire and the individual
assaulted is then performing in such capacity or then using
such public transportation as a passenger or using any area
of any description designated by the transportation
facility or system as a vehicle boarding, departure, or
transfer location;
(9) Or the individual assaulted is on or about a public
way, public property, or public place of accommodation or
amusement;
(9.5) Is, or the individual assaulted is, in or about a
publicly or privately owned sports or entertainment arena,
stadium, community or convention hall, special event
center, amusement facility, or a special event center in a
public park during any 24-hour period when a professional
sporting event, National Collegiate Athletic Association
(NCAA)-sanctioned sporting event, United States Olympic

SB3733 Enrolled - 1621 - LRB096 19592 AMC 34984 b
Committee-sanctioned sporting event, or International
Olympic Committee-sanctioned sporting event is taking
place in this venue;
(10) Knows the individual assaulted to be an employee
of the State of Illinois, a municipal corporation therein
or a political subdivision thereof, engaged in the
performance of his authorized duties as such employee;
(11) Knowingly and without legal justification,
commits an assault on a physically handicapped person;
(12) Knowingly and without legal justification,
commits an assault on a person 60 years of age or older;
(13) Discharges a firearm, other than from a motor
vehicle;
(13.5) Discharges a firearm from a motor vehicle;
(14) Knows the individual assaulted to be a
correctional officer, while the officer is engaged in the
execution of any of his or her official duties, or to
prevent the officer from performing his or her official
duties, or in retaliation for the officer performing his or
her official duties;
(15) Knows the individual assaulted to be a
correctional employee or an employee of the Department of
Human Services supervising or controlling sexually
dangerous persons or sexually violent persons, while the
employee is engaged in the execution of any of his or her
official duties, or to prevent the employee from performing

SB3733 Enrolled - 1622 - LRB096 19592 AMC 34984 b
his or her official duties, or in retaliation for the
employee performing his or her official duties, and the
assault is committed other than by the discharge of a
firearm in the direction of the employee or in the
direction of a vehicle occupied by the employee;
(16) Knows the individual assaulted to be an employee
of a police or sheriff's department, or a person who is
employed by a municipality and whose duties include traffic
control, engaged in the performance of his or her official
duties as such employee;
(17) Knows the individual assaulted to be a sports
official or coach at any level of competition and the act
causing the assault to the sports official or coach
occurred within an athletic facility or an indoor or
outdoor playing field or within the immediate vicinity of
the athletic facility or an indoor or outdoor playing field
at which the sports official or coach was an active
participant in the athletic contest held at the athletic
facility. For the purposes of this paragraph (17), "sports
official" means a person at an athletic contest who
enforces the rules of the contest, such as an umpire or
referee; and "coach" means a person recognized as a coach
by the sanctioning authority that conducted the athletic
contest;
(18) Knows the individual assaulted to be an emergency
management worker, while the emergency management worker

SB3733 Enrolled - 1623 - LRB096 19592 AMC 34984 b
is engaged in the execution of any of his or her official
duties, or to prevent the emergency management worker from
performing his or her official duties, or in retaliation
for the emergency management worker performing his or her
official duties, and the assault is committed other than by
the discharge of a firearm in the direction of the
emergency management worker or in the direction of a
vehicle occupied by the emergency management worker; or
(19) Knows the individual assaulted to be a utility
worker, while the utility worker is engaged in the
execution of his or her duties, or to prevent the utility
worker from performing his or her duties, or in retaliation
for the utility worker performing his or her duties. In
this paragraph (19), "utility worker" means a person
employed by a public utility as defined in Section 3-105 of
the Public Utilities Act and also includes an employee of a
municipally owned utility, an employee of a cable
television company, an employee of an electric cooperative
as defined in Section 3-119 of the Public Utilities Act, an
independent contractor or an employee of an independent
contractor working on behalf of a cable television company,
public utility, municipally owned utility, or an electric
cooperative, or an employee of a telecommunications
carrier as defined in Section 13-202 of the Public
Utilities Act, an independent contractor or an employee of
an independent contractor working on behalf of a

SB3733 Enrolled - 1624 - LRB096 19592 AMC 34984 b
telecommunications carrier, or an employee of a telephone
or telecommunications cooperative as defined in Section
13-212 of the Public Utilities Act, or an independent
contractor or an employee of an independent contractor
working on behalf of a telephone or telecommunications
cooperative.
(a-5) A person commits an aggravated assault when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes near or in the immediate vicinity
of any person.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through (5)
and (8) through (12) and (17) and (19) of subsection (a) of
this Section is a Class A misdemeanor. Aggravated assault as
defined in paragraphs (13), (14), and (15) of subsection (a) of
this Section and as defined in subsection (a-5) of this Section
is a Class 4 felony. Aggravated assault as defined in
paragraphs (6), (7), (16), and (18) of subsection (a) of this
Section is a Class A misdemeanor if a firearm is not used in
the commission of the assault. Aggravated assault as defined in
paragraphs (6), (7), (16), and (18) of subsection (a) of this
Section is a Class 4 felony if a firearm is used in the
commission of the assault. Aggravated assault as defined in
paragraph (13.5) of subsection (a) is a Class 3 felony.

SB3733 Enrolled - 1625 - LRB096 19592 AMC 34984 b
(c) For the purposes of paragraphs (1) and (6) of
subsection (a), "private security officer" means a registered
employee of a private security contractor agency under the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
(Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07;
95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff.
9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; revised
11-4-09.)
(720 ILCS 5/12-3.3)
Sec. 12-3.3. Aggravated domestic battery.
(a) A person who, in committing a domestic battery,
intentionally or knowingly causes great bodily harm, or
permanent disability or disfigurement commits aggravated
domestic battery.
(a-5) A person who, in committing a domestic battery,
strangles another individual commits aggravated domestic
battery. For the purposes of this subsection (a-5), "strangle"
means intentionally impeding the normal breathing or
circulation of the blood of an individual by applying pressure
on the throat or neck of that individual or by blocking the
nose or mouth of that individual.
(b) Sentence. Aggravated domestic battery is a Class 2
felony. Any order of probation or conditional discharge entered
following a conviction for an offense under this Section must

SB3733 Enrolled - 1626 - LRB096 19592 AMC 34984 b
include, in addition to any other condition of probation or
conditional discharge, a condition that the offender serve a
mandatory term of imprisonment of not less than 60 consecutive
days. A person convicted of a second or subsequent violation of
this Section must be sentenced to a mandatory term of
imprisonment of not less than 3 years and not more than 7 years
or an extended term of imprisonment of not less than 7 years
and not more than 14 years.
(c) Upon conviction of aggravated domestic battery, the
court shall advise the defendant orally or in writing,
substantially as follows: "An individual convicted of
aggravated domestic battery may be subject to federal criminal
penalties for possessing, transporting, shipping, or receiving
any firearm or ammunition in violation of the federal Gun
Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation
shall be made in the court file that the admonition was given.
(Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09;
revised 9-4-09.)
(720 ILCS 5/12-4)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally or
knowingly causes great bodily harm, or permanent disability or
disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated
battery if he or she:

SB3733 Enrolled - 1627 - LRB096 19592 AMC 34984 b
(1) Uses a deadly weapon other than by the discharge of
a firearm, or uses an air rifle as defined in the Air Rifle
Act;
(2) Is hooded, robed or masked, in such manner as to
conceal his identity;
(3) Knows the individual harmed to be a teacher or
other person employed in any school and such teacher or
other employee is upon the grounds of a school or grounds
adjacent thereto, or is in any part of a building used for
school purposes;
(4) (Blank);
(5) (Blank);
(6) Knows the individual harmed to be a community
policing volunteer while such volunteer is engaged in the
execution of any official duties, or to prevent the
volunteer from performing official duties, or in
retaliation for the volunteer performing official duties,
and the battery is committed other than by the discharge of
a firearm;
(7) Knows the individual harmed to be an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, other medical assistance,
first aid personnel, or hospital personnel engaged in the
performance of any of his or her official duties, or to
prevent the emergency medical technician - ambulance,

SB3733 Enrolled - 1628 - LRB096 19592 AMC 34984 b
emergency medical technician - intermediate, emergency
medical technician - paramedic, ambulance driver, other
medical assistance, first aid personnel, or hospital
personnel from performing official duties, or in
retaliation for performing official duties;
(8) Is, or the person battered is, on or about a public
way, public property or public place of accommodation or
amusement;
(8.5) Is, or the person battered is, on a publicly or
privately owned sports or entertainment arena, stadium,
community or convention hall, special event center,
amusement facility, or a special event center in a public
park during any 24-hour period when a professional sporting
event, National Collegiate Athletic Association
(NCAA)-sanctioned sporting event, United States Olympic
Committee-sanctioned sporting event, or International
Olympic Committee-sanctioned sporting event is taking
place in this venue;
(9) Knows the individual harmed to be the driver,
operator, employee or passenger of any transportation
facility or system engaged in the business of
transportation of the public for hire and the individual
assaulted is then performing in such capacity or then using
such public transportation as a passenger or using any area
of any description designated by the transportation
facility or system as a vehicle boarding, departure, or

SB3733 Enrolled - 1629 - LRB096 19592 AMC 34984 b
transfer location;
(10) Knows the individual harmed to be an individual of
60 years of age or older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom the
person intended to harm as a result of the judge's
performance of his or her official duties as a judge;
(13) (Blank);
(14) Knows the individual harmed to be a person who is
physically handicapped;
(15) Knowingly and without legal justification and by
any means causes bodily harm to a merchant who detains the
person for an alleged commission of retail theft under
Section 16A-5 of this Code. In this item (15), "merchant"
has the meaning ascribed to it in Section 16A-2.4 of this
Code;
(16) Is, or the person battered is, in any building or
other structure used to provide shelter or other services
to victims or to the dependent children of victims of
domestic violence pursuant to the Illinois Domestic
Violence Act of 1986 or the Domestic Violence Shelters Act,
or the person battered is within 500 feet of such a
building or other structure while going to or from such a
building or other structure. "Domestic violence" has the
meaning ascribed to it in Section 103 of the Illinois
Domestic Violence Act of 1986. "Building or other structure

SB3733 Enrolled - 1630 - LRB096 19592 AMC 34984 b
used to provide shelter" has the meaning ascribed to
"shelter" in Section 1 of the Domestic Violence Shelters
Act;
(17) (Blank);
(18) Knows the individual harmed to be an officer or
employee of the State of Illinois, a unit of local
government, or school district engaged in the performance
of his or her authorized duties as such officer or
employee;
(19) Knows the individual harmed to be an emergency
management worker engaged in the performance of any of his
or her official duties, or to prevent the emergency
management worker from performing official duties, or in
retaliation for the emergency management worker performing
official duties;
(20) Knows the individual harmed to be a private
security officer engaged in the performance of any of his
or her official duties, or to prevent the private security
officer from performing official duties, or in retaliation
for the private security officer performing official
duties; or
(21) Knows the individual harmed to be a taxi driver
and the battery is committed while the taxi driver is on
duty; or
(22) Knows the individual harmed to be a utility
worker, while the utility worker is engaged in the

SB3733 Enrolled - 1631 - LRB096 19592 AMC 34984 b
execution of his or her duties, or to prevent the utility
worker from performing his or her duties, or in retaliation
for the utility worker performing his or her duties. In
this paragraph (22), "utility worker" means a person
employed by a public utility as defined in Section 3-105 of
the Public Utilities Act and also includes an employee of a
municipally owned utility, an employee of a cable
television company, an employee of an electric cooperative
as defined in Section 3-119 of the Public Utilities Act, an
independent contractor or an employee of an independent
contractor working on behalf of a cable television company,
public utility, municipally owned utility, or an electric
cooperative, or an employee of a telecommunications
carrier as defined in Section 13-202 of the Public
Utilities Act, an independent contractor or an employee of
an independent contractor working on behalf of a
telecommunications carrier, or an employee of a telephone
or telecommunications cooperative as defined in Section
13-212 of the Public Utilities Act, or an independent
contractor or an employee of an independent contractor
working on behalf of a telephone or telecommunications
cooperative.
For the purpose of paragraph (14) of subsection (b) of this
Section, a physically handicapped person is a person who
suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional

SB3733 Enrolled - 1632 - LRB096 19592 AMC 34984 b
disorder or congenital condition.
For the purpose of paragraph (20) of subsection (b) and
subsection (e) of this Section, "private security officer"
means a registered employee of a private security contractor
agency under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
(c) A person who administers to an individual or causes him
to take, without his consent or by threat or deception, and for
other than medical purposes, any intoxicating, poisonous,
stupefying, narcotic, anesthetic, or controlled substance
commits aggravated battery.
(d) A person who knowingly gives to another person any food
that contains any substance or object that is intended to cause
physical injury if eaten, commits aggravated battery.
(d-3) A person commits aggravated battery when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes upon or against the person of
another.
(d-5) An inmate of a penal institution or a sexually
dangerous person or a sexually violent person in the custody of
the Department of Human Services who causes or attempts to
cause a correctional employee of the penal institution or an
employee of the Department of Human Services to come into
contact with blood, seminal fluid, urine, or feces, by

SB3733 Enrolled - 1633 - LRB096 19592 AMC 34984 b
throwing, tossing, or expelling that fluid or material commits
aggravated battery. For purposes of this subsection (d-5),
"correctional employee" means a person who is employed by a
penal institution.
(d-6) A person commits aggravated battery when he or she,
in committing a battery, strangles another individual. For the
purposes of this subsection (d-6), "strangle" means
intentionally impeding the normal breathing or circulation of
the blood of an individual by applying pressure on the throat
or neck of that individual or by blocking the nose or mouth of
that individual.
(e) Sentence.
(1) Except as otherwise provided in paragraphs (2),
(3), and (4), and (5) aggravated battery is a Class 3
felony.
(2) Aggravated battery that does not cause great bodily
harm or permanent disability or disfigurement is a Class 2
felony when the person knows the individual harmed to be a
peace officer, a community policing volunteer, a private
security officer, a correctional institution employee, an
employee of the Department of Human Services supervising or
controlling sexually dangerous persons or sexually violent
persons, or a fireman while such officer, volunteer,
employee, or fireman is engaged in the execution of any
official duties including arrest or attempted arrest, or to
prevent the officer, volunteer, employee, or fireman from

SB3733 Enrolled - 1634 - LRB096 19592 AMC 34984 b
performing official duties, or in retaliation for the
officer, volunteer, employee, or fireman performing
official duties, and the battery is committed other than by
the discharge of a firearm.
(3) Aggravated battery that causes great bodily harm or
permanent disability or disfigurement in violation of
subsection (a) is a Class 1 felony when the person knows
the individual harmed to be a peace officer, a community
policing volunteer, a private security officer, a
correctional institution employee, an employee of the
Department of Human Services supervising or controlling
sexually dangerous persons or sexually violent persons, or
a fireman while such officer, volunteer, employee, or
fireman is engaged in the execution of any official duties
including arrest or attempted arrest, or to prevent the
officer, volunteer, employee, or fireman from performing
official duties, or in retaliation for the officer,
volunteer, employee, or fireman performing official
duties, and the battery is committed other than by the
discharge of a firearm.
(4) Aggravated battery under subsection (d-5) is a
Class 2 felony.
(5) Aggravated battery under subsection (d-6) is a
Class 1 felony if:
(A) the person used or attempted to use a dangerous
instrument while committing the offense; or

SB3733 Enrolled - 1635 - LRB096 19592 AMC 34984 b
(B) the person caused great bodily harm or
permanent disability or disfigurement to the other
person while committing the offense; or
(C) the person has been previously convicted of a
violation of subsection (d-6) under the laws of this
State or laws similar to subsection (d-6) of any other
state.
(6) (5) For purposes of this subsection (e), the term
"firearm" shall have the meaning provided under Section 1.1
of the Firearms Owners Identification Card Act, and shall
not include an air rifle as defined by Section 1 of the Air
Rifle Act.
(Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331,
eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876,
eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
revised 9-4-09.)
(720 ILCS 5/12-7.5)
Sec. 12-7.5. Cyberstalking.
(a) A person commits cyberstalking when he or she engages
in a course of conduct using electronic communication directed
at a specific person, and he or she knows or should know that
would cause a reasonable person to:
(1) fear for his or her safety or the safety of a third
person; or
(2) suffer other emotional distress.

SB3733 Enrolled - 1636 - LRB096 19592 AMC 34984 b
(a-3) A person commits cyberstalking when he or she,
knowingly and without lawful justification, on at least 2
separate occasions, harasses another person through the use of
electronic communication and:
(1) at any time transmits a threat of immediate or
future bodily harm, sexual assault, confinement, or
restraint and the threat is directed towards that person or
a family member of that person; or
(2) places that person or a family member of that
person in reasonable apprehension of immediate or future
bodily harm, sexual assault, confinement, or restraint; or
(3) at any time knowingly solicits the commission of an
act by any person which would be a violation of this Code
directed towards that person or a family member of that
person.
(a-5) A person commits cyberstalking when he or she,
knowingly and without lawful justification, creates and
maintains an Internet website or webpage which is accessible to
one or more third parties for a period of at least 24 hours,
and which contains statements harassing another person and:
(1) which communicates a threat of immediate or future
bodily harm, sexual assault, confinement, or restraint,
where the threat is directed towards that person or a
family member of that person, or
(2) which places that person or a family member of that
person in reasonable apprehension of immediate or future

SB3733 Enrolled - 1637 - LRB096 19592 AMC 34984 b
bodily harm, sexual assault, confinement, or restraint, or
(3) which knowingly solicits the commission of an act
by any person which would be a violation of this Code
directed towards that person or a family member of that
person.
(b) Sentence. Cyberstalking is a Class 4 felony. A second
or subsequent conviction for cyberstalking is a Class 3 felony.
(c) For purposes of this Section:
(1) "Course of conduct" means 2 or more acts, including
but not limited to acts in which a defendant directly,
indirectly, or through third parties, by any action,
method, device, or means follows, monitors, observes,
surveils, threatens, or communicates to or about, a person,
engages in other non-consensual contact, or interferes
with or damages a person's property or pet. The
incarceration in a penal institution of a person who
commits the course of conduct is not a bar to prosecution
under this Section.
(2) "Electronic communication" means any transfer of
signs, signals, writings, sounds, data, or intelligence of
any nature transmitted in whole or in part by a wire,
radio, electromagnetic, photoelectric, or photo-optical
system. "Electronic communication" includes transmissions
by a computer through the Internet to another computer.
(3) "Emotional distress" means significant mental
suffering, anxiety or alarm.

SB3733 Enrolled - 1638 - LRB096 19592 AMC 34984 b
(4) "Harass" means to engage in a knowing and willful
course of conduct directed at a specific person that
alarms, torments, or terrorizes that person.
(5) "Non-consensual contact" means any contact with
the victim that is initiated or continued without the
victim's consent, including but not limited to being in the
physical presence of the victim; appearing within the sight
of the victim; approaching or confronting the victim in a
public place or on private property; appearing at the
workplace or residence of the victim; entering onto or
remaining on property owned, leased, or occupied by the
victim; or placing an object on, or delivering an object
to, property owned, leased, or occupied by the victim.
(6) "Reasonable person" means a person in the victim's
circumstances, with the victim's knowledge of the
defendant and the defendant's prior acts.
(7) "Third party" means any person other than the
person violating these provisions and the person or persons
towards whom the violator's actions are directed.
(d) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other

SB3733 Enrolled - 1639 - LRB096 19592 AMC 34984 b
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(Source: P.A. 95-849, eff. 1-1-09; 96-328, eff. 8-11-09;
96-686, eff. 1-1-10; revised 10-20-09.)
(720 ILCS 5/14-3)
Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article:
(a) Listening to radio, wireless and television
communications of any sort where the same are publicly made;
(b) Hearing conversation when heard by employees of any
common carrier by wire incidental to the normal course of their
employment in the operation, maintenance or repair of the
equipment of such common carrier by wire so long as no
information obtained thereby is used or divulged by the hearer;
(c) Any broadcast by radio, television or otherwise whether
it be a broadcast or recorded for the purpose of later
broadcasts of any function where the public is in attendance
and the conversations are overheard incidental to the main
purpose for which such broadcasts are then being made;
(d) Recording or listening with the aid of any device to
any emergency communication made in the normal course of
operations by any federal, state or local law enforcement
agency or institutions dealing in emergency services,
including, but not limited to, hospitals, clinics, ambulance

SB3733 Enrolled - 1640 - LRB096 19592 AMC 34984 b
services, fire fighting agencies, any public utility,
emergency repair facility, civilian defense establishment or
military installation;
(e) Recording the proceedings of any meeting required to be
open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must be
destroyed, erased or turned over to local law enforcement
authorities within 24 hours from the time of such recording and
shall not be otherwise disseminated. Failure on the part of the
individual or business operating any such recording or
listening device to comply with the requirements of this
subsection shall eliminate any civil or criminal immunity
conferred upon that individual or business by the operation of
this Section;
(g) With prior notification to the State's Attorney of the
county in which it is to occur, recording or listening with the
aid of any device to any conversation where a law enforcement
officer, or any person acting at the direction of law
enforcement, is a party to the conversation and has consented
to it being intercepted or recorded under circumstances where
the use of the device is necessary for the protection of the
law enforcement officer or any person acting at the direction
of law enforcement, in the course of an investigation of a

SB3733 Enrolled - 1641 - LRB096 19592 AMC 34984 b
forcible felony, a felony violation of the Illinois Controlled
Substances Act, a felony violation of the Cannabis Control Act,
a felony violation of the Methamphetamine Control and Community
Protection Act, any "streetgang related" or "gang-related"
felony as those terms are defined in the Illinois Streetgang
Terrorism Omnibus Prevention Act, or any felony offense
involving any weapon listed in paragraphs (1) through (11) of
subsection (a) of Section 24-1 of this Code. Any recording or
evidence derived as the result of this exemption shall be
inadmissible in any proceeding, criminal, civil or
administrative, except (i) where a party to the conversation
suffers great bodily injury or is killed during such
conversation, or (ii) when used as direct impeachment of a
witness concerning matters contained in the interception or
recording. The Director of the Department of State Police shall
issue regulations as are necessary concerning the use of
devices, retention of tape recordings, and reports regarding
their use;
(g-5) With approval of the State's Attorney of the county
in which it is to occur, recording or listening with the aid of
any device to any conversation where a law enforcement officer,
or any person acting at the direction of law enforcement, is a
party to the conversation and has consented to it being
intercepted or recorded in the course of an investigation of
any offense defined in Article 29D of this Code. In all such
cases, an application for an order approving the previous or

SB3733 Enrolled - 1642 - LRB096 19592 AMC 34984 b
continuing use of an eavesdropping device must be made within
48 hours of the commencement of such use. In the absence of
such an order, or upon its denial, any continuing use shall
immediately terminate. The Director of State Police shall issue
rules as are necessary concerning the use of devices, retention
of tape recordings, and reports regarding their use.
Any recording or evidence obtained or derived in the course
of an investigation of any offense defined in Article 29D of
this Code shall, upon motion of the State's Attorney or
Attorney General prosecuting any violation of Article 29D, be
reviewed in camera with notice to all parties present by the
court presiding over the criminal case, and, if ruled by the
court to be relevant and otherwise admissible, it shall be
admissible at the trial of the criminal case.
This subsection (g-5) is inoperative on and after January
1, 2005. No conversations recorded or monitored pursuant to
this subsection (g-5) shall be inadmissible in a court of law
by virtue of the repeal of this subsection (g-5) on January 1,
2005;
(g-6) With approval of the State's Attorney of the county
in which it is to occur, recording or listening with the aid of
any device to any conversation where a law enforcement officer,
or any person acting at the direction of law enforcement, is a
party to the conversation and has consented to it being
intercepted or recorded in the course of an investigation of
child pornography, aggravated child pornography, indecent

SB3733 Enrolled - 1643 - LRB096 19592 AMC 34984 b
solicitation of a child, child abduction, luring of a minor,
sexual exploitation of a child, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse in which
the victim of the offense was at the time of the commission of
the offense under 18 years of age, criminal sexual abuse by
force or threat of force in which the victim of the offense was
at the time of the commission of the offense under 18 years of
age, or aggravated criminal sexual assault in which the victim
of the offense was at the time of the commission of the offense
under 18 years of age. In all such cases, an application for an
order approving the previous or continuing use of an
eavesdropping device must be made within 48 hours of the
commencement of such use. In the absence of such an order, or
upon its denial, any continuing use shall immediately
terminate. The Director of State Police shall issue rules as
are necessary concerning the use of devices, retention of
recordings, and reports regarding their use. Any recording or
evidence obtained or derived in the course of an investigation
of child pornography, aggravated child pornography, indecent
solicitation of a child, child abduction, luring of a minor,
sexual exploitation of a child, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse in which
the victim of the offense was at the time of the commission of
the offense under 18 years of age, criminal sexual abuse by
force or threat of force in which the victim of the offense was
at the time of the commission of the offense under 18 years of

SB3733 Enrolled - 1644 - LRB096 19592 AMC 34984 b
age, or aggravated criminal sexual assault in which the victim
of the offense was at the time of the commission of the offense
under 18 years of age shall, upon motion of the State's
Attorney or Attorney General prosecuting any case involving
child pornography, aggravated child pornography, indecent
solicitation of a child, child abduction, luring of a minor,
sexual exploitation of a child, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse in which
the victim of the offense was at the time of the commission of
the offense under 18 years of age, criminal sexual abuse by
force or threat of force in which the victim of the offense was
at the time of the commission of the offense under 18 years of
age, or aggravated criminal sexual assault in which the victim
of the offense was at the time of the commission of the offense
under 18 years of age, be reviewed in camera with notice to all
parties present by the court presiding over the criminal case,
and, if ruled by the court to be relevant and otherwise
admissible, it shall be admissible at the trial of the criminal
case. Absent such a ruling, any such recording or evidence
shall not be admissible at the trial of the criminal case;
(h) Recordings made simultaneously with the use of an
in-car video camera recording of an oral conversation between a
uniformed peace officer, who has identified his or her office,
and a person in the presence of the peace officer whenever (i)
an officer assigned a patrol vehicle is conducting an
enforcement stop; or (ii) patrol vehicle emergency lights are

SB3733 Enrolled - 1645 - LRB096 19592 AMC 34984 b
activated or would otherwise be activated if not for the need
to conceal the presence of law enforcement.
For the purposes of this subsection (h), "enforcement stop"
means an action by a law enforcement officer in relation to
enforcement and investigation duties, including but not
limited to, traffic stops, pedestrian stops, abandoned vehicle
contacts, motorist assists, commercial motor vehicle stops,
roadside safety checks, requests for identification, or
responses to requests for emergency assistance;
(h-5) Recordings of utterances made by a person while in
the presence of a uniformed peace officer and while an occupant
of a police vehicle including, but not limited to, (i)
recordings made simultaneously with the use of an in-car video
camera and (ii) recordings made in the presence of the peace
officer utilizing video or audio systems, or both, authorized
by the law enforcement agency;
(h-10) Recordings made simultaneously with a video camera
recording during the use of a taser or similar weapon or device
by a peace officer if the weapon or device is equipped with
such camera;
(h-15) Recordings made under subsection (h), (h-5), or
(h-10) shall be retained by the law enforcement agency that
employs the peace officer who made the recordings for a storage
period of 90 days, unless the recordings are made as a part of
an arrest or the recordings are deemed evidence in any
criminal, civil, or administrative proceeding and then the

SB3733 Enrolled - 1646 - LRB096 19592 AMC 34984 b
recordings must only be destroyed upon a final disposition and
an order from the court. Under no circumstances shall any
recording be altered or erased prior to the expiration of the
designated storage period. Upon completion of the storage
period, the recording medium may be erased and reissued for
operational use;
(i) Recording of a conversation made by or at the request
of a person, not a law enforcement officer or agent of a law
enforcement officer, who is a party to the conversation, under
reasonable suspicion that another party to the conversation is
committing, is about to commit, or has committed a criminal
offense against the person or a member of his or her immediate
household, and there is reason to believe that evidence of the
criminal offense may be obtained by the recording;
(j) The use of a telephone monitoring device by either (1)
a corporation or other business entity engaged in marketing or
opinion research or (2) a corporation or other business entity
engaged in telephone solicitation, as defined in this
subsection, to record or listen to oral telephone solicitation
conversations or marketing or opinion research conversations
by an employee of the corporation or other business entity
when:
(i) the monitoring is used for the purpose of service
quality control of marketing or opinion research or
telephone solicitation, the education or training of
employees or contractors engaged in marketing or opinion

SB3733 Enrolled - 1647 - LRB096 19592 AMC 34984 b
research or telephone solicitation, or internal research
related to marketing or opinion research or telephone
solicitation; and
(ii) the monitoring is used with the consent of at
least one person who is an active party to the marketing or
opinion research conversation or telephone solicitation
conversation being monitored.
No communication or conversation or any part, portion, or
aspect of the communication or conversation made, acquired, or
obtained, directly or indirectly, under this exemption (j), may
be, directly or indirectly, furnished to any law enforcement
officer, agency, or official for any purpose or used in any
inquiry or investigation, or used, directly or indirectly, in
any administrative, judicial, or other proceeding, or divulged
to any third party.
When recording or listening authorized by this subsection
(j) on telephone lines used for marketing or opinion research
or telephone solicitation purposes results in recording or
listening to a conversation that does not relate to marketing
or opinion research or telephone solicitation; the person
recording or listening shall, immediately upon determining
that the conversation does not relate to marketing or opinion
research or telephone solicitation, terminate the recording or
listening and destroy any such recording as soon as is
practicable.
Business entities that use a telephone monitoring or

SB3733 Enrolled - 1648 - LRB096 19592 AMC 34984 b
telephone recording system pursuant to this exemption (j) shall
provide current and prospective employees with notice that the
monitoring or recordings may occur during the course of their
employment. The notice shall include prominent signage
notification within the workplace.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j) shall
provide their employees or agents with access to personal-only
telephone lines which may be pay telephones, that are not
subject to telephone monitoring or telephone recording.
For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration, or
collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer engaged by
a corporation or other business entity whose principal business
is the design, conduct, and analysis of polls and surveys
measuring the opinions, attitudes, and responses of
respondents toward products and services, or social or

SB3733 Enrolled - 1649 - LRB096 19592 AMC 34984 b
political issues, or both;
(k) Electronic recordings, including but not limited to, a
motion picture, videotape, digital, or other visual or audio
recording, made of a custodial interrogation of an individual
at a police station or other place of detention by a law
enforcement officer under Section 5-401.5 of the Juvenile Court
Act of 1987 or Section 103-2.1 of the Code of Criminal
Procedure of 1963;
(l) Recording the interview or statement of any person when
the person knows that the interview is being conducted by a law
enforcement officer or prosecutor and the interview takes place
at a police station that is currently participating in the
Custodial Interview Pilot Program established under the
Illinois Criminal Justice Information Act;
(m) An electronic recording, including but not limited to,
a motion picture, videotape, digital, or other visual or audio
recording, made of the interior of a school bus while the
school bus is being used in the transportation of students to
and from school and school-sponsored activities, when the
school board has adopted a policy authorizing such recording,
notice of such recording policy is included in student
handbooks and other documents including the policies of the
school, notice of the policy regarding recording is provided to
parents of students, and notice of such recording is clearly
posted on the door of and inside the school bus.
Recordings made pursuant to this subsection (m) shall be

SB3733 Enrolled - 1650 - LRB096 19592 AMC 34984 b
confidential records and may only be used by school officials
(or their designees) and law enforcement personnel for
investigations, school disciplinary actions and hearings,
proceedings under the Juvenile Court Act of 1987, and criminal
prosecutions, related to incidents occurring in or around the
school bus;
(n) Recording or listening to an audio transmission from a
microphone placed by a person under the authority of a law
enforcement agency inside a bait car surveillance vehicle while
simultaneously capturing a photographic or video image; and
(o) The use of an eavesdropping camera or audio device
during an ongoing hostage or barricade situation by a law
enforcement officer or individual acting on behalf of a law
enforcement officer when the use of such device is necessary to
protect the safety of the general public, hostages, or law
enforcement officers or anyone acting on their behalf.
(Source: P.A. 95-258, eff. 1-1-08; 95-352, eff. 8-23-07;
95-463, eff. 6-1-08; 95-876, eff. 8-21-08; 96-425, eff.
8-13-09; 96-547, eff. 1-1-10; 96-643, eff. 1-1-10; 96-670, eff.
8-25-09; revised 10-9-09.)
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he knowingly:
(1) Obtains or exerts unauthorized control over
property of the owner; or

SB3733 Enrolled - 1651 - LRB096 19592 AMC 34984 b
(2) Obtains by deception control over property of the
owner; or
(3) Obtains by threat control over property of the
owner; or
(4) Obtains control over stolen property knowing the
property to have been stolen or under such circumstances as
would reasonably induce him to believe that the property
was stolen; or
(5) Obtains or exerts control over property in the
custody of any law enforcement agency which is explicitly
represented to him by any law enforcement officer or any
individual acting in behalf of a law enforcement agency as
being stolen, and
(A) Intends to deprive the owner permanently of the
use or benefit of the property; or
(B) Knowingly uses, conceals or abandons the
property in such manner as to deprive the owner
permanently of such use or benefit; or
(C) Uses, conceals, or abandons the property
knowing such use, concealment or abandonment probably
will deprive the owner permanently of such use or
benefit.
(b) Sentence.
(1) Theft of property not from the person and not
exceeding $300 in value is a Class A misdemeanor.
(1.1) Theft of property not from the person and not

SB3733 Enrolled - 1652 - LRB096 19592 AMC 34984 b
exceeding $300 in value is a Class 4 felony if the theft
was committed in a school or place of worship or if the
theft was of governmental property.
(2) A person who has been convicted of theft of
property not from the person and not exceeding $300 in
value who has been previously convicted of any type of
theft, robbery, armed robbery, burglary, residential
burglary, possession of burglary tools, home invasion,
forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
4-103.3 of the Illinois Vehicle Code relating to the
possession of a stolen or converted motor vehicle, or a
violation of Section 8 of the Illinois Credit Card and
Debit Card Act is guilty of a Class 4 felony. When a person
has any such prior conviction, the information or
indictment charging that person shall state such prior
conviction so as to give notice of the State's intention to
treat the charge as a felony. The fact of such prior
conviction is not an element of the offense and may not be
disclosed to the jury during trial unless otherwise
permitted by issues properly raised during such trial.
(3) (Blank).
(4) Theft of property from the person not exceeding
$300 in value, or theft of property exceeding $300 and not
exceeding $10,000 in value, is a Class 3 felony.
(4.1) Theft of property from the person not exceeding
$300 in value, or theft of property exceeding $300 and not

SB3733 Enrolled - 1653 - LRB096 19592 AMC 34984 b
exceeding $10,000 in value, is a Class 2 felony if the
theft was committed in a school or place of worship or if
the theft was of governmental property.
(5) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 2 felony.
(5.1) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 1 felony if the
theft was committed in a school or place of worship or if
the theft was of governmental property.
(6) Theft of property exceeding $100,000 and not
exceeding $500,000 in value is a Class 1 felony.
(6.1) Theft of property exceeding $100,000 in value is
a Class X felony if the theft was committed in a school or
place of worship or if the theft was of governmental
property.
(6.2) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value is a Class 1
non-probationable felony.
(6.3) Theft of property exceeding $1,000,000 in value
is a Class X felony.
(7) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
obtained money or property valued at $5,000 or more from a
victim 60 years of age or older is a Class 2 felony.
(8) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender

SB3733 Enrolled - 1654 - LRB096 19592 AMC 34984 b
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 3 felony if the rent payment or
security deposit obtained does not exceed $300.
(9) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 2 felony if the rent payment or
security deposit obtained exceeds $300 and does not exceed
$10,000.
(10) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 1 felony if the rent payment or
security deposit obtained exceeds $10,000 and does not
exceed $100,000.
(11) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class X felony if the rent payment or
security deposit obtained exceeds $100,000.
(c) When a charge of theft of property exceeding a
specified value is brought, the value of the property involved

SB3733 Enrolled - 1655 - LRB096 19592 AMC 34984 b
is an element of the offense to be resolved by the trier of
fact as either exceeding or not exceeding the specified value.
(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
revised 10-9-09.)
(720 ILCS 5/16D-2) (from Ch. 38, par. 16D-2)
Sec. 16D-2. Definitions. As used in this Article, unless
the context otherwise indicates:
(a) "Computer" means a device that accepts, processes,
stores, retrieves or outputs data, and includes but is not
limited to auxiliary storage and telecommunications devices
connected to computers.
(a-5) "Computer network" means a set of related, remotely
connected devices and any communications facilities including
more than one computer with the capability to transmit data
among them through the communications facilities.
(b) "Computer program" or "program" means a series of coded
instructions or statements in a form acceptable to a computer
which causes the computer to process data and supply the
results of the data processing.
(b-5) "Computer services" means computer time or services,
including data processing services, Internet services,
electronic mail services, electronic message services, or
information or data stored in connection therewith.
(c) "Data" means a representation of information,
knowledge, facts, concepts or instructions, including program

SB3733 Enrolled - 1656 - LRB096 19592 AMC 34984 b
documentation, which is prepared in a formalized manner and is
stored or processed in or transmitted by a computer. Data shall
be considered property and may be in any form including but not
limited to printouts, magnetic or optical storage media, punch
cards or data stored internally in the memory of the computer.
(c-5) "Electronic mail service provider" means any person
who (1) is an intermediary in sending or receiving electronic
mail and (2) provides to end-users of electronic mail services
the ability to send or receive electronic mail.
(d) In addition to its meaning as defined in Section 15-1
of this Code, "property" means: (1) electronic impulses; (2)
electronically produced data; (3) confidential, copyrighted,
or proprietary information; (4) private identification codes
or numbers which permit access to a computer by authorized
computer users or generate billings to consumers for purchase
of goods and services, including but not limited to credit card
transactions and telecommunications services or permit
electronic fund transfers; (5) software or programs in either
machine or human readable form; or (6) any other tangible or
intangible item relating to a computer or any part thereof.
(e) "Access" means to use, instruct, communicate with,
store data in, retrieve or intercept data from, or otherwise
utilize any services of a computer.
(f) "Services" includes but is not limited to computer
time, data manipulation, or storage functions.
(g) "Vital services or operations" means those services or

SB3733 Enrolled - 1657 - LRB096 19592 AMC 34984 b
operations required to provide, operate, maintain, and repair
network cabling, transmission, distribution, or computer
facilities necessary to ensure or protect the public health,
safety, or welfare. Those services or operations Public health,
safety, or welfare include, but are not limited to, services
provided by medical personnel or institutions, fire
departments, emergency services agencies, national defense
contractors, armed forces or militia personnel, private and
public utility companies, or law enforcement agencies.
(h) "Social networking website" means an Internet website
containing profile web pages of the members of the website that
include the names or nicknames of such members, photographs
placed on the profile web pages by such members, or any other
personal or personally identifying information about such
members and links to other profile web pages on social
networking websites of friends or associates of such members
that can be accessed by other members or visitors to the
website. A social networking website provides members of or
visitors to such website the ability to leave messages or
comments on the profile web page that are visible to all or
some visitors to the profile web page and may also include a
form of electronic mail for members of the social networking
website.
(Source: P.A. 96-262, eff. 1-1-10; revised 11-4-09.)
(720 ILCS 5/16D-3) (from Ch. 38, par. 16D-3)

SB3733 Enrolled - 1658 - LRB096 19592 AMC 34984 b
Sec. 16D-3. Computer Tampering.
(a) A person commits the offense of computer tampering when
he knowingly and without the authorization of a computer's
owner, as defined in Section 15-2 of this Code, or in excess of
the authority granted to him:
(1) Accesses or causes to be accessed a computer or any
part thereof, a computer network, or a program or data;
(2) Accesses or causes to be accessed a computer or any
part thereof, a computer network, or a program or data, and
obtains data or services;
(3) Accesses or causes to be accessed a computer or any
part thereof, a computer network, or a program or data, and
damages or destroys the computer or alters, deletes or
removes a computer program or data;
(4) Inserts or attempts to insert a "program" into a
computer or computer program knowing or having reason to
believe that such "program" contains information or
commands that will or may damage or destroy that computer,
or any other computer subsequently accessing or being
accessed by that computer, or that will or may alter,
delete or remove a computer program or data from that
computer, or any other computer program or data in a
computer subsequently accessing or being accessed by that
computer, or that will or may cause loss to the users of
that computer or the users of a computer which accesses or
which is accessed by such "program"; or

SB3733 Enrolled - 1659 - LRB096 19592 AMC 34984 b
(5) Falsifies or forges electronic mail transmission
information or other routing information in any manner in
connection with the transmission of unsolicited bulk
electronic mail through or into the computer network of an
electronic mail service provider or its subscribers. ;
(a-5) It shall be unlawful for any person knowingly to
sell, give, or otherwise distribute or possess with the intent
to sell, give, or distribute software which (1) is primarily
designed or produced for the purpose of facilitating or
enabling the falsification of electronic mail transmission
information or other routing information; (2) has only a
limited commercially significant purpose or use other than to
facilitate or enable the falsification of electronic mail
transmission information or other routing information; or (3)
is marketed by that person or another acting in concert with
that person with that person's knowledge for use in
facilitating or enabling the falsification of electronic mail
transmission information or other routing information.
(a-10) For purposes of subsection (a), accessing a computer
network is deemed to be with the authorization of a computer's
owner if:
(1) the owner authorizes patrons, customers, or guests
to access the computer network and the person accessing the
computer network is an authorized patron, customer, or
guest and complies with all terms or conditions for use of
the computer network that are imposed by the owner; or

SB3733 Enrolled - 1660 - LRB096 19592 AMC 34984 b
(2) the owner authorizes the public to access the
computer network and the person accessing the computer
network complies with all terms or conditions for use of
the computer network that are imposed by the owner.
(b) Sentence.
(1) A person who commits the offense of computer
tampering as set forth in subsection (a)(1), (a)(5), or
(a-5) of this Section shall be guilty of a Class B
misdemeanor.
(2) A person who commits the offense of computer
tampering as set forth in subsection (a)(2) of this Section
shall be guilty of a Class A misdemeanor and a Class 4
felony for the second or subsequent offense.
(3) A person who commits the offense of computer
tampering as set forth in subsection (a)(3) or subsection
(a)(4) of this Section shall be guilty of a Class 4 felony
and a Class 3 felony for the second or subsequent offense.
(4) If the injury arises from the transmission of
unsolicited bulk electronic mail, the injured person,
other than an electronic mail service provider, may also
recover attorney's fees and costs, and may elect, in lieu
of actual damages, to recover the lesser of $10 for each
and every unsolicited bulk electronic mail message
transmitted in violation of this Section, or $25,000 per
day. The injured person shall not have a cause of action
against the electronic mail service provider that merely

SB3733 Enrolled - 1661 - LRB096 19592 AMC 34984 b
transmits the unsolicited bulk electronic mail over its
computer network.
(5) If the injury arises from the transmission of
unsolicited bulk electronic mail, an injured electronic
mail service provider may also recover attorney's fees and
costs, and may elect, in lieu of actual damages, to recover
the greater of $10 for each and every unsolicited
electronic mail advertisement transmitted in violation of
this Section, or $25,000 per day.
(6) The provisions of this Section shall not be
construed to limit any person's right to pursue any
additional civil remedy otherwise allowed by law.
(c) Whoever suffers loss by reason of a violation of
subsection (a)(4) of this Section may, in a civil action
against the violator, obtain appropriate relief. In a civil
action under this Section, the court may award to the
prevailing party reasonable attorney's fees and other
litigation expenses.
(Source: P.A. 95-326, eff. 1-1-08; revised 11-4-09.)
(720 ILCS 5/17-24)
Sec. 17-24. Fraudulent schemes and artifices.
(a) Fraud by wire, radio, or television.
(1) A person commits wire fraud when he or she:
(A) devises or intends to devise a scheme or
artifice to defraud or to obtain money or property by

SB3733 Enrolled - 1662 - LRB096 19592 AMC 34984 b
means of false pretenses, representations, or
promises; and
(B) (i) transmits or causes to be transmitted from
within this State; or
(ii) transmits or causes to be transmitted so
that it is received by a person within this State;
or
(iii) transmits or causes to be transmitted so
that it is reasonably foreseeable that it will be
accessed by a person within this State:
any writings, signals, pictures, sounds, or electronic or
electric impulses by means of wire, radio, or television
communications for the purpose of executing the scheme or
artifice.
(2) A scheme or artifice to defraud using electronic
transmissions is deemed to occur in the county from which a
transmission is sent, if the transmission is sent from
within this State, the county in which a person within this
State receives the transmission, and the county in which a
person who is within this State is located when the person
accesses a transmission.
(3) Wire fraud is a Class 3 felony.
(b) Mail fraud.
(1) A person commits mail fraud when he or she:
(A) devises or intends to devise any scheme or
artifice to defraud or to obtain money or property by

SB3733 Enrolled - 1663 - LRB096 19592 AMC 34984 b
means of false or fraudulent pretenses,
representations or promises, or to sell, dispose of,
loan, exchange, alter, give away, distribute, supply,
or furnish or procure for unlawful use any counterfeit
obligation, security, or other article, or anything
represented to be or intimated intimidated or held out
to be such counterfeit or spurious article; and
(B) for the purpose of executing such scheme or
artifice or attempting so to do, places in any post
office or authorized depository for mail matter within
this State, any matter or thing whatever to be
delivered by the Postal Service, or deposits or causes
to be deposited in this State by mail or by private or
commercial carrier according to the direction on the
matter or thing, or at the place at which it is
directed to be delivered by the person to whom it is
addressed, any such matter or thing.
(2) A scheme or artifice to defraud using a government
or private carrier is deemed to occur in the county in
which mail or other matter is deposited with the Postal
Service or a private commercial carrier for delivery, if
deposited with the Postal Service or a private or
commercial carrier within this State and the county in
which a person within this State receives the mail or other
matter from the Postal Service or a private or commercial
carrier.

SB3733 Enrolled - 1664 - LRB096 19592 AMC 34984 b
(3) Mail fraud is a Class 3 felony.
(c) (Blank).
(d) The period of limitations for prosecution of any
offense defined in this Section begins at the time when the
last act in furtherance of the scheme or artifice is committed.
(e) In this Section:
(1) "Scheme or artifice to defraud" includes a scheme
or artifice to deprive another of the intangible right to
honest services.
(2) (Blank).
(Source: P.A. 92-16, eff. 6-28-01; 93-440, eff. 8-5-03; revised
11-4-09.)
(720 ILCS 5/17-26)
Sec. 17-26. Misconduct by a corporate official.
(a) A person is guilty of a crime when:
(1) being a director of a corporation, he knowingly
with a purpose to defraud, concurs in any vote or act of
the directors of the corporation, or any of them, which has
the purpose of:
(A) making a dividend except in the manner provided
by law;
(B) dividing, withdrawing or in any manner paying
any stockholder any part of the capital stock of the
corporation except in the manner provided by law;
(C) discounting or receiving any note or other

SB3733 Enrolled - 1665 - LRB096 19592 AMC 34984 b
evidence of debt in payment of an installment of
capital stock actually called in and required to be
paid, or with purpose of providing the means of making
such payment;
(D) receiving or discounting any note or other
evidence of debt with the purpose of enabling any
stockholder to withdraw any part of the money paid in
by him on his stock; or
(E) applying any portion of the funds of such
corporation, directly or indirectly, to the purchase
of shares of its own stock, except in the manner
provided by law; or
(2) being a director or officer of a corporation, he,
with purpose to defraud:
(A) issues, participates in issuing, or concurs in
a vote to issue any increase of its capital stock
beyond the amount of the capital stock thereof, duly
authorized by or in pursuance of law;
(B) sells, or agrees to sell, or is directly
interested in the sale of any share of stock of such
corporation, or in any agreement to sell such stock,
unless at the time of the sale or agreement he is an
actual owner of such share, provided that the foregoing
shall not apply to a sale by or on behalf of an
underwriter or dealer in connection with a bona fide
public offering of shares of stock of such corporation;

SB3733 Enrolled - 1666 - LRB096 19592 AMC 34984 b
(C) executes a scheme or attempts to execute a
scheme to obtain any share of stock of such corporation
by means of false representation; or
(3) being a director or officer of a corporation, he
with purpose to defraud or evade a financial disclosure
reporting requirement of this State or of Section 13(A) or
15(D) of the Securities Exchange Act of 1934, as amended,
15 U. S. C. 78M(A) or 78O(D), he:
(A) causes or attempts to cause a corporation or
accounting firm representing the corporation or any
other individual or entity to fail to file a financial
disclosure report as required by State or federal law;
or
(B) causes or attempts to cause a corporation or
accounting firm representing the corporation or any
other individual or entity to file a financial
disclosure report, as required by State or federal law,
that contains a material omission or misstatement of
fact.
(b) If the benefit derived from a violation of this Section
is $500,000 or more, the offender is guilty of a Class 2
felony. If the benefit derived from a violation of this Section
is less than $500,000, the offender is guilty of a Class 3
felony.
(Source: P.A. 93-496, eff. 1-1-04; revised 11-4-09.)

SB3733 Enrolled - 1667 - LRB096 19592 AMC 34984 b
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons
when he knowingly:
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club,
sand-bag, metal knuckles or other knuckle weapon
regardless of its composition, throwing star, or any knife,
commonly referred to as a switchblade knife, which has a
blade that opens automatically by hand pressure applied to
a button, spring or other device in the handle of the
knife, or a ballistic knife, which is a device that propels
a knifelike blade as a projectile by means of a coil
spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy,
dangerous knife, razor, stiletto, broken bottle or other
piece of glass, stun gun or taser or any other dangerous or
deadly weapon or instrument of like character; or
(3) Carries on or about his person or in any vehicle, a
tear gas gun projector or bomb or any object containing
noxious liquid gas or substance, other than an object
containing a non-lethal noxious liquid gas or substance
designed solely for personal defense carried by a person 18
years of age or older; or
(4) Carries or possesses in any vehicle or concealed on

SB3733 Enrolled - 1668 - LRB096 19592 AMC 34984 b
or about his person except when on his land or in his own
abode, legal dwelling, or fixed place of business, or on
the land or in the legal dwelling of another person as an
invitee with that person's permission, any pistol,
revolver, stun gun or taser or other firearm, except that
this subsection (a) (4) does not apply to or affect
transportation of weapons that meet one of the following
conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report
of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which
shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot
without manually reloading by a single function of the
trigger, including the frame or receiver of any such

SB3733 Enrolled - 1669 - LRB096 19592 AMC 34984 b
weapon, or sells, manufactures, purchases, possesses,
or carries any combination of parts designed or
intended for use in converting any weapon into a
machine gun, or any combination or parts from which a
machine gun can be assembled if such parts are in the
possession or under the control of a person;
(ii) any rifle having one or more barrels less than
16 inches in length or a shotgun having one or more
barrels less than 18 inches in length or any weapon
made from a rifle or shotgun, whether by alteration,
modification, or otherwise, if such a weapon as
modified has an overall length of less than 26 inches;
or
(iii) any bomb, bomb-shell, grenade, bottle or
other container containing an explosive substance of
over one-quarter ounce for like purposes, such as, but
not limited to, black powder bombs and Molotov
cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or taser
or other deadly weapon in any place which is licensed to
sell intoxicating beverages, or at any public gathering
held pursuant to a license issued by any governmental body
or any public gathering at which an admission is charged,
excluding a place where a showing, demonstration or lecture
involving the exhibition of unloaded firearms is
conducted.

SB3733 Enrolled - 1670 - LRB096 19592 AMC 34984 b
This subsection (a)(8) does not apply to any auction or
raffle of a firearm held pursuant to a license or permit
issued by a governmental body, nor does it apply to persons
engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or about
his person any pistol, revolver, stun gun or taser or
firearm or ballistic knife, when he is hooded, robed or
masked in such manner as to conceal his identity; or
(10) Carries or possesses on or about his person, upon
any public street, alley, or other public lands within the
corporate limits of a city, village or incorporated town,
except when an invitee thereon or therein, for the purpose
of the display of such weapon or the lawful commerce in
weapons, or except when on his land or in his own abode,
legal dwelling, or fixed place of business, or on the land
or in the legal dwelling of another person as an invitee
with that person's permission, any pistol, revolver, stun
gun or taser or other firearm, except that this subsection
(a) (10) does not apply to or affect transportation of
weapons that meet one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card.

SB3733 Enrolled - 1671 - LRB096 19592 AMC 34984 b
A "stun gun or taser", as used in this paragraph (a)
means (i) any device which is powered by electrical
charging units, such as, batteries, and which fires one or
several barbs attached to a length of wire and which, upon
hitting a human, can send out a current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning or (ii) any
device which is powered by electrical charging units, such
as batteries, and which, upon contact with a human or
clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning; or
(11) Sells, manufactures or purchases any explosive
bullet. For purposes of this paragraph (a) "explosive
bullet" means the projectile portion of an ammunition
cartridge which contains or carries an explosive charge
which will explode upon contact with the flesh of a human
or an animal. "Cartridge" means a tubular metal case having
a projectile affixed at the front thereof and a cap or
primer at the rear end thereof, with the propellant
contained in such tube between the projectile and the cap;
or
(12) (Blank); or
(13) Carries or possesses on or about his or her person
while in a building occupied by a unit of government, a
billy club, other weapon of like character, or other

SB3733 Enrolled - 1672 - LRB096 19592 AMC 34984 b
instrument of like character intended for use as a weapon.
For the purposes of this Section, "billy club" means a
short stick or club commonly carried by police officers
which is either telescopic or constructed of a solid piece
of wood or other man-made material.
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
Class A misdemeanor. A person convicted of a violation of
subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
person convicted of a violation of subsection 24-1(a)(6) or
24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
convicted of a violation of subsection 24-1(a)(7)(i) commits a
Class 2 felony and shall be sentenced to a term of imprisonment
of not less than 3 years and not more than 7 years, unless the
weapon is possessed in the passenger compartment of a motor
vehicle as defined in Section 1-146 of the Illinois Vehicle
Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4),
24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
felony. The possession of each weapon in violation of this
Section constitutes a single and separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day or

SB3733 Enrolled - 1673 - LRB096 19592 AMC 34984 b
the time of year, in residential property owned, operated
or managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on the real
property comprising any school, regardless of the time of
day or the time of year, on residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, on the real property comprising
any public park, on the real property comprising any
courthouse, in any conveyance owned, leased or contracted
by a school to transport students to or from school or a
school related activity, in any conveyance owned, leased,
or contracted by a public transportation agency, or on any
public way within 1,000 feet of the real property
comprising any school, public park, courthouse, public
transportation facility, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony and shall
be sentenced to a term of imprisonment of not less than 3
years and not more than 7 years.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated, or managed by a public housing agency or

SB3733 Enrolled - 1674 - LRB096 19592 AMC 34984 b
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development, on
the real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity, in
any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,

SB3733 Enrolled - 1675 - LRB096 19592 AMC 34984 b
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, on the
real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport
students to or from school or a school related activity, in
any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 4 felony. "Courthouse" means any building
that is used by the Circuit, Appellate, or Supreme Court of
this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection
(c) shall not apply to law enforcement officers or security
officers of such school, college, or university or to
students carrying or possessing firearms for use in
training courses, parades, hunting, target shooting on
school ranges, or otherwise with the consent of school
authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation

SB3733 Enrolled - 1676 - LRB096 19592 AMC 34984 b
package.
(4) For the purposes of this subsection (c), "school"
means any public or private elementary or secondary school,
community college, college, or university.
(5) For the purposes of this subsection (c), "public
transportation agency" means a public or private agency
that provides for the transportation or conveyance of
persons by means available to the general public, except
for transportation by automobiles not used for conveyance
of the general public as passengers; and "public
transportation facility" means a terminal or other place
where one may obtain public transportation.
(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found upon
the person of one of the occupants therein; or (ii) if such
weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his trade, then such presumption shall
not apply to the driver.
(e) Exemptions. Crossbows, Common or Compound bows and
Underwater Spearguns are exempted from the definition of

SB3733 Enrolled - 1677 - LRB096 19592 AMC 34984 b
ballistic knife as defined in paragraph (1) of subsection (a)
of this Section.
(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
96-742, eff. 8-25-09; revised 10-9-09.)
(720 ILCS 5/24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the
peace, while actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense,
while in the performance of their official duty, or while
commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard or the
Reserve Officers Training Corps, while in the performance
of their official duty.
(4) Special agents employed by a railroad or a public
utility to perform police functions, and guards of armored
car companies, while actually engaged in the performance of

SB3733 Enrolled - 1678 - LRB096 19592 AMC 34984 b
the duties of their employment or commuting between their
homes and places of employment; and watchmen while actually
engaged in the performance of the duties of their
employment.
(5) Persons licensed as private security contractors,
private detectives, or private alarm contractors, or
employed by an agency certified by the Department of
Professional Regulation, if their duties include the
carrying of a weapon under the provisions of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004, while actually engaged
in the performance of the duties of their employment or
commuting between their homes and places of employment,
provided that such commuting is accomplished within one
hour from departure from home or place of employment, as
the case may be. Persons exempted under this subdivision
(a)(5) shall be required to have completed a course of
study in firearms handling and training approved and
supervised by the Department of Professional Regulation as
prescribed by Section 28 of the Private Detective, Private
Alarm, Private Security, Fingerprint Vendor, and Locksmith
Act of 2004, prior to becoming eligible for this exemption.
The Department of Professional Regulation shall provide
suitable documentation demonstrating the successful
completion of the prescribed firearms training. Such
documentation shall be carried at all times when such

SB3733 Enrolled - 1679 - LRB096 19592 AMC 34984 b
persons are in possession of a concealable weapon.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the protection
of persons employed and private property related to such
commercial or industrial operation, while actually engaged
in the performance of his or her duty or traveling between
sites or properties belonging to the employer, and who, as
a security guard, is a member of a security force of at
least 5 persons registered with the Department of
Professional Regulation; provided that such security guard
has successfully completed a course of study, approved by
and supervised by the Department of Professional
Regulation, consisting of not less than 40 hours of
training that includes the theory of law enforcement,
liability for acts, and the handling of weapons. A person
shall be considered eligible for this exemption if he or
she has completed the required 20 hours of training for a
security officer and 20 hours of required firearm training,
and has been issued a firearm control card by the
Department of Professional Regulation. Conditions for the
renewal of firearm control cards issued under the
provisions of this Section shall be the same as for those
cards issued under the provisions of the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004. Such firearm control card shall be
carried by the security guard at all times when he or she

SB3733 Enrolled - 1680 - LRB096 19592 AMC 34984 b
is in possession of a concealable weapon.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution for the
protection of other employees and property related to such
financial institution, while actually engaged in the
performance of their duties, commuting between their homes
and places of employment, or traveling between sites or
properties owned or operated by such financial
institution, provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Professional Regulation,
consisting of not less than 40 hours of training which
includes theory of law enforcement, liability for acts, and
the handling of weapons. A person shall be considered to be
eligible for this exemption if he or she has completed the
required 20 hours of training for a security officer and 20
hours of required firearm training, and has been issued a
firearm control card by the Department of Professional
Regulation. Conditions for renewal of firearm control
cards issued under the provisions of this Section shall be
the same as for those issued under the provisions of the
Private Detective, Private Alarm, Private Security,

SB3733 Enrolled - 1681 - LRB096 19592 AMC 34984 b
Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
control card shall be carried by the person so trained at
all times when such person is in possession of a
concealable weapon. For purposes of this subsection,
"financial institution" means a bank, savings and loan
association, credit union or company providing armored car
services.
(9) Any person employed by an armored car company to
drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace officers
pursuant to the Peace Officer Fire Investigation Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor to carry weapons pursuant to Section 7.06 of the
State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(12.5) Probation officers while in the performance of
their duties, or while commuting between their homes,
places of employment or specific locations that are part of
their assigned duties, with the consent of the chief judge
of the circuit for which they are employed.
(13) Court Security Officers while in the performance
of their official duties, or while commuting between their

SB3733 Enrolled - 1682 - LRB096 19592 AMC 34984 b
homes and places of employment, with the consent of the
Sheriff.
(13.5) A person employed as an armed security guard at
a nuclear energy, storage, weapons or development site or
facility regulated by the Nuclear Regulatory Commission
who has completed the background screening and training
mandated by the rules and regulations of the Nuclear
Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons
to persons authorized under subdivisions (1) through
(13.5) of this subsection to possess those weapons.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for
the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers or fishermen with a license or
permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in a
non-functioning state or are not immediately accessible.
(5) Carrying or possessing any pistol, revolver, stun

SB3733 Enrolled - 1683 - LRB096 19592 AMC 34984 b
gun or taser or other firearm on the land or in the legal
dwelling of another person as an invitee with that person's
permission.
(c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the
detention of persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state or
are not immediately accessible.
(5) Persons licensed under federal law to manufacture
any weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, or
ammunition for such weapons, and actually engaged in the
business of manufacturing such weapons or ammunition, but
only with respect to activities which are within the lawful
scope of such business, such as the manufacture,
transportation, or testing of such weapons or ammunition.

SB3733 Enrolled - 1684 - LRB096 19592 AMC 34984 b
This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, but only such possession and activities as
are within the lawful scope of a licensed manufacturing
business described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or experimental
activities necessary thereto, of rifles, shotguns, and
weapons made from rifles or shotguns, or ammunition for
such rifles, shotguns or weapons, where engaged in by a
person operating as a contractor or subcontractor pursuant
to a contract or subcontract for the development and supply
of such rifles, shotguns, weapons or ammunition to the
United States government or any branch of the Armed Forces
of the United States, when such activities are necessary
and incident to fulfilling the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.

SB3733 Enrolled - 1685 - LRB096 19592 AMC 34984 b
During transportation, any such weapon shall be broken
down in a non-functioning state, or not immediately
accessible.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a peace
officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
(1) Members of the Armed Services or Reserve Forces of
the United States or the Illinois National Guard, while in
the performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordinance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordinance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed

SB3733 Enrolled - 1686 - LRB096 19592 AMC 34984 b
by the federal government, in connection with the supply of
those organizations and persons exempted by subdivision
(g)(1) of this Section, or like organizations and persons
outside this State, or the transportation of explosive
bullets to any organization or person exempted in this
Section by a common carrier or by a vehicle owned or leased
by an exempted manufacturer.
(g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, firearms, or ammunition
for those firearms equipped with those devices, and actually
engaged in the business of manufacturing those devices,
firearms, or ammunition, but only with respect to activities
that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices,
firearms, or ammunition. This exemption does not authorize the
general private possession of any device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities
as are within the lawful scope of a licensed manufacturing
business described in this subsection (g-5). During
transportation, those devices shall be detached from any weapon
or not immediately accessible.
(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any parole agent or parole

SB3733 Enrolled - 1687 - LRB096 19592 AMC 34984 b
supervisor who meets the qualifications and conditions
prescribed in Section 3-14-1.5 of the Unified Code of
Corrections.
(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
athlete's possession, transport on official Olympic and
Paralympic transit systems established for athletes, or use of
competition firearms sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting in
connection with such athlete's training for and participation
in shooting competitions at the 2016 Olympic and Paralympic
Games and sanctioned test events leading up to the 2016 Olympic
and Paralympic Games.
(h) An information or indictment based upon a violation of
any subsection of this Article need not negative any exemptions
contained in this Article. The defendant shall have the burden
of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm consigned
to a common carrier operating under license of the State of
Illinois or the federal government, where such transportation,
carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and
nothing in this Article shall prohibit, apply to, or affect the

SB3733 Enrolled - 1688 - LRB096 19592 AMC 34984 b
transportation, carrying, or possession of any pistol,
revolver, stun gun, taser, or other firearm, not the subject of
and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
95-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
96-742, eff. 8-25-09; revised 10-9-09.)
(720 ILCS 5/25-5) (was 720 ILCS 5/25-1.1)
Sec. 25-5. Unlawful contact with streetgang members.
(a) A person commits the offense of unlawful contact with
streetgang members when:
(1) he or she knowingly has direct or indirect contact
with a streetgang member as defined in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act after
having been sentenced to probation, conditional discharge,
or supervision for a criminal offense with a condition of
that sentence being to refrain from direct or indirect
contact with a streetgang member or members;
(2) he or she knowingly has direct or indirect contact
with a streetgang member as defined in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act after
having been released on bond for any criminal offense with
a condition of that bond being to refrain from direct or

SB3733 Enrolled - 1689 - LRB096 19592 AMC 34984 b
indirect contact with a streetgang member or members;
(3) he He or she knowingly has direct or indirect
contact with a streetgang member as defined in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention
Act after having been ordered by a judge in any
non-criminal proceeding to refrain from direct or indirect
contact with a streetgang member or members; or
(4) he He or she knowingly has direct or indirect
contact with a streetgang member as defined in Section 10
of the Streetgang Terrorism Omnibus Prevention Act after
having been released from the Illinois Department of
Corrections on a condition of parole or mandatory
supervised release that he or she refrain from direct or
indirect contact with a streetgang member or members.
(b) Unlawful contact with streetgang members is a Class A
misdemeanor.
(c) This Section does not apply to a person when the only
streetgang member or members he or she is with is a family or
household member or members as defined in paragraph (3) of
Section 112A-3 of the Code of Criminal Procedure of 1963 and
the streetgang members are not engaged in any
streetgang-related activity.
(Source: P.A. 96-710, eff. 1-1-10; incorporates P.A. 95-45,
eff. 1-1-08; revised 1-7-10.)
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)

SB3733 Enrolled - 1690 - LRB096 19592 AMC 34984 b
(Text of Section before amendment by P.A. 96-339)
Sec. 26-1. Elements of the Offense.
(a) A person commits disorderly conduct when he knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the
peace; or
(2) Transmits or causes to be transmitted in any manner
to the fire department of any city, town, village or fire
protection district a false alarm of fire, knowing at the
time of such transmission that there is no reasonable
ground for believing that such fire exists; or
(3) Transmits or causes to be transmitted in any manner
to another a false alarm to the effect that a bomb or other
explosive of any nature or a container holding poison gas,
a deadly biological or chemical contaminant, or
radioactive substance is concealed in such place that its
explosion or release would endanger human life, knowing at
the time of such transmission that there is no reasonable
ground for believing that such bomb, explosive or a
container holding poison gas, a deadly biological or
chemical contaminant, or radioactive substance is
concealed in such place; or
(4) Transmits or causes to be transmitted in any manner
to any peace officer, public officer or public employee a
report to the effect that an offense will be committed, is
being committed, or has been committed, knowing at the time

SB3733 Enrolled - 1691 - LRB096 19592 AMC 34984 b
of such transmission that there is no reasonable ground for
believing that such an offense will be committed, is being
committed, or has been committed; or
(5) Enters upon the property of another and for a lewd
or unlawful purpose deliberately looks into a dwelling on
the property through any window or other opening in it; or
(6) While acting as a collection agency as defined in
the "Collection Agency Act" or as an employee of such
collection agency, and while attempting to collect an
alleged debt, makes a telephone call to the alleged debtor
which is designed to harass, annoy or intimidate the
alleged debtor; or
(7) Transmits or causes to be transmitted a false
report to the Department of Children and Family Services
under Section 4 of the "Abused and Neglected Child
Reporting Act"; or
(8) Transmits or causes to be transmitted a false
report to the Department of Public Health under the Nursing
Home Care Act; or
(9) Transmits or causes to be transmitted in any manner
to the police department or fire department of any
municipality or fire protection district, or any privately
owned and operated ambulance service, a false request for
an ambulance, emergency medical technician-ambulance or
emergency medical technician-paramedic knowing at the time
there is no reasonable ground for believing that such

SB3733 Enrolled - 1692 - LRB096 19592 AMC 34984 b
assistance is required; or
(10) Transmits or causes to be transmitted a false
report under Article II of "An Act in relation to victims
of violence and abuse", approved September 16, 1984, as
amended; or
(11) Transmits or causes to be transmitted a false
report to any public safety agency without the reasonable
grounds necessary to believe that transmitting such a
report is necessary for the safety and welfare of the
public; or
(12) Calls the number "911" for the purpose of making
or transmitting a false alarm or complaint and reporting
information when, at the time the call or transmission is
made, the person knows there is no reasonable ground for
making the call or transmission and further knows that the
call or transmission could result in the emergency response
of any public safety agency; or
(13) Transmits or causes to be transmitted a threat of
destruction of a school building or school property, or a
threat of violence, death, or bodily harm directed against
persons at a school, school function, or school event,
whether or not school is in session.
(b) Sentence. A violation of subsection (a)(1) of this
Section is a Class C misdemeanor. A violation of subsection
(a)(5), (a)(11), or (a)(12) of this Section is a Class A
misdemeanor. A violation of subsection (a)(8) or (a)(10) of

SB3733 Enrolled - 1693 - LRB096 19592 AMC 34984 b
this Section is a Class B misdemeanor. A violation of
subsection (a)(2), (a)(4), (a)(7), (a)(9), or (a)(13) of this
Section is a Class 4 felony. A violation of subsection (a)(3)
of this Section is a Class 3 felony, for which a fine of not
less than $3,000 and no more than $10,000 shall be assessed in
addition to any other penalty imposed.
A violation of subsection (a)(6) of this Section is a
Business Offense and shall be punished by a fine not to exceed
$3,000. A second or subsequent violation of subsection (a)(7),
(a)(11), or (a)(12) of this Section is a Class 4 felony. A
third or subsequent violation of subsection (a)(5) of this
Section is a Class 4 felony.
(c) In addition to any other sentence that may be imposed,
a court shall order any person convicted of disorderly conduct
to perform community service for not less than 30 and not more
than 120 hours, if community service is available in the
jurisdiction and is funded and approved by the county board of
the county where the offense was committed. In addition,
whenever any person is placed on supervision for an alleged
offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a
sentence of incarceration.
(d) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (3) of subsection (a) involving a false

SB3733 Enrolled - 1694 - LRB096 19592 AMC 34984 b
alarm of a threat that a bomb or explosive device has been
placed in a school to reimburse the unit of government that
employs the emergency response officer or officers that were
dispatched to the school for the cost of the search for a bomb
or explosive device. For the purposes of this Section,
"emergency response" means any incident requiring a response by
a police officer, a firefighter, a State Fire Marshal employee,
or an ambulance.
(Source: P.A. 96-413, eff. 8-13-09; 96-772, eff. 1-1-10;
revised 9-25-09.)
(Text of Section after amendment by P.A. 96-339)
Sec. 26-1. Elements of the Offense.
(a) A person commits disorderly conduct when he knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the
peace; or
(2) Transmits or causes to be transmitted in any manner
to the fire department of any city, town, village or fire
protection district a false alarm of fire, knowing at the
time of such transmission that there is no reasonable
ground for believing that such fire exists; or
(3) Transmits or causes to be transmitted in any manner
to another a false alarm to the effect that a bomb or other
explosive of any nature or a container holding poison gas,
a deadly biological or chemical contaminant, or

SB3733 Enrolled - 1695 - LRB096 19592 AMC 34984 b
radioactive substance is concealed in such place that its
explosion or release would endanger human life, knowing at
the time of such transmission that there is no reasonable
ground for believing that such bomb, explosive or a
container holding poison gas, a deadly biological or
chemical contaminant, or radioactive substance is
concealed in such place; or
(4) Transmits or causes to be transmitted in any manner
to any peace officer, public officer or public employee a
report to the effect that an offense will be committed, is
being committed, or has been committed, knowing at the time
of such transmission that there is no reasonable ground for
believing that such an offense will be committed, is being
committed, or has been committed; or
(5) Enters upon the property of another and for a lewd
or unlawful purpose deliberately looks into a dwelling on
the property through any window or other opening in it; or
(6) While acting as a collection agency as defined in
the "Collection Agency Act" or as an employee of such
collection agency, and while attempting to collect an
alleged debt, makes a telephone call to the alleged debtor
which is designed to harass, annoy or intimidate the
alleged debtor; or
(7) Transmits or causes to be transmitted a false
report to the Department of Children and Family Services
under Section 4 of the "Abused and Neglected Child

SB3733 Enrolled - 1696 - LRB096 19592 AMC 34984 b
Reporting Act"; or
(8) Transmits or causes to be transmitted a false
report to the Department of Public Health under the Nursing
Home Care Act or the MR/DD Community Care Act; or
(9) Transmits or causes to be transmitted in any manner
to the police department or fire department of any
municipality or fire protection district, or any privately
owned and operated ambulance service, a false request for
an ambulance, emergency medical technician-ambulance or
emergency medical technician-paramedic knowing at the time
there is no reasonable ground for believing that such
assistance is required; or
(10) Transmits or causes to be transmitted a false
report under Article II of "An Act in relation to victims
of violence and abuse", approved September 16, 1984, as
amended; or
(11) Transmits or causes to be transmitted a false
report to any public safety agency without the reasonable
grounds necessary to believe that transmitting such a
report is necessary for the safety and welfare of the
public; or
(12) Calls the number "911" for the purpose of making
or transmitting a false alarm or complaint and reporting
information when, at the time the call or transmission is
made, the person knows there is no reasonable ground for
making the call or transmission and further knows that the

SB3733 Enrolled - 1697 - LRB096 19592 AMC 34984 b
call or transmission could result in the emergency response
of any public safety agency; or
(13) Transmits or causes to be transmitted a threat of
destruction of a school building or school property, or a
threat of violence, death, or bodily harm directed against
persons at a school, school function, or school event,
whether or not school is in session.
(b) Sentence. A violation of subsection (a)(1) of this
Section is a Class C misdemeanor. A violation of subsection
(a)(5), (a)(11), or (a)(12) of this Section is a Class A
misdemeanor. A violation of subsection (a)(8) or (a)(10) of
this Section is a Class B misdemeanor. A violation of
subsection (a)(2), (a)(4), (a)(7), (a)(9), or (a)(13) of this
Section is a Class 4 felony. A violation of subsection (a)(3)
of this Section is a Class 3 felony, for which a fine of not
less than $3,000 and no more than $10,000 shall be assessed in
addition to any other penalty imposed.
A violation of subsection (a)(6) of this Section is a
Business Offense and shall be punished by a fine not to exceed
$3,000. A second or subsequent violation of subsection (a)(7),
(a)(11), or (a)(12) of this Section is a Class 4 felony. A
third or subsequent violation of subsection (a)(5) of this
Section is a Class 4 felony.
(c) In addition to any other sentence that may be imposed,
a court shall order any person convicted of disorderly conduct
to perform community service for not less than 30 and not more

SB3733 Enrolled - 1698 - LRB096 19592 AMC 34984 b
than 120 hours, if community service is available in the
jurisdiction and is funded and approved by the county board of
the county where the offense was committed. In addition,
whenever any person is placed on supervision for an alleged
offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a
sentence of incarceration.
(d) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly
conduct under paragraph (3) of subsection (a) involving a false
alarm of a threat that a bomb or explosive device has been
placed in a school to reimburse the unit of government that
employs the emergency response officer or officers that were
dispatched to the school for the cost of the search for a bomb
or explosive device. For the purposes of this Section,
"emergency response" means any incident requiring a response by
a police officer, a firefighter, a State Fire Marshal employee,
or an ambulance.
(Source: P.A. 96-339, eff. 7-1-10; 96-413, eff. 8-13-09;
96-772, eff. 1-1-10; revised 9-25-09.)
(720 ILCS 5/26-5)
Sec. 26-5. Dog fighting. (For other provisions that may
apply to dog fighting, see the Humane Care for Animals Act. For
provisions similar to this Section that apply to animals other

SB3733 Enrolled - 1699 - LRB096 19592 AMC 34984 b
than dogs, see in particular Section 4.01 of the Humane Care
for Animals Act.)
(a) No person may own, capture, breed, train, or lease any
dog which he or she knows is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between the dog and any other animal or
human, or the intentional killing of any dog for the purpose of
sport, wagering, or entertainment.
(b) No person may promote, conduct, carry on, advertise,
collect money for or in any other manner assist or aid in the
presentation for purposes of sport, wagering, or entertainment
of any show, exhibition, program, or other activity involving a
fight between 2 or more dogs or any dog and human, or the
intentional killing of any dog.
(c) No person may sell or offer for sale, ship, transport,
or otherwise move, or deliver or receive any dog which he or
she knows has been captured, bred, or trained, or will be used,
to fight another dog or human or be intentionally killed for
purposes of sport, wagering, or entertainment.
(c-5) No person may solicit a minor to violate this
Section.
(d) No person may manufacture for sale, shipment,
transportation, or delivery any device or equipment which he or
she knows or should know is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between 2 or more dogs, or any human and dog,

SB3733 Enrolled - 1700 - LRB096 19592 AMC 34984 b
or the intentional killing of any dog for purposes of sport,
wagering, or entertainment.
(e) No person may own, possess, sell or offer for sale,
ship, transport, or otherwise move any equipment or device
which he or she knows or should know is intended for use in
connection with any show, exhibition, program, or activity
featuring or otherwise involving a fight between 2 or more
dogs, or any dog and human, or the intentional killing of any
dog for purposes of sport, wagering or entertainment.
(f) No person may knowingly make available any site,
structure, or facility, whether enclosed or not, that he or she
knows is intended to be used for the purpose of conducting any
show, exhibition, program, or other activity involving a fight
between 2 or more dogs, or any dog and human, or the
intentional killing of any dog or knowingly manufacture,
distribute, or deliver fittings to be used in a fight between 2
or more dogs or a dog and human.
(g) No person may knowingly attend or otherwise patronize
any show, exhibition, program, or other activity featuring or
otherwise involving a fight between 2 or more dogs, or any dog
and human, or the intentional killing of any dog for purposes
of sport, wagering, or entertainment.
(h) No person may tie or attach or fasten any live animal
to any machine or device propelled by any power for the purpose
of causing the animal to be pursued by a dog or dogs. This
subsection (h) applies only when the dog is intended to be used

SB3733 Enrolled - 1701 - LRB096 19592 AMC 34984 b
in a dog fight.
(i) Penalties for violations of this Section shall be as
follows:
(1) Any person convicted of violating subsection (a),
(b), or (c) of this Section is guilty of a Class 4 felony
for a first violation and a Class 3 felony for a second or
subsequent violation, and may be fined an amount not to
exceed $50,000.
(1.5) A person who knowingly owns a dog for fighting
purposes or for producing a fight between 2 or more dogs or
a dog and human or who knowingly offers for sale or sells a
dog bred for fighting is guilty of a Class 3 felony and may
be fined an amount not to exceed $50,000, if the dog
participates in a dogfight and any of the following factors
is present:
(i) the dogfight is performed in the presence of a
person under 18 years of age;
(ii) the dogfight is performed for the purpose of
or in the presence of illegal wagering activity; or
(iii) the dogfight is performed in furtherance of
streetgang related activity as defined in Section 10 of
the Illinois Streetgang Terrorism Omnibus Prevention
Act.
(1.7) A person convicted of violating subsection (c-5)
of this Section is guilty of a Class 4 felony.
(2) Any person convicted of violating subsection (d) or

SB3733 Enrolled - 1702 - LRB096 19592 AMC 34984 b
(e) of this Section is guilty of a Class 4 felony for a
first violation. A second or subsequent violation of
subsection (d) or (e) of this Section is a Class 3 felony.
(2.5) Any person convicted of violating subsection (f)
of this Section is guilty of a Class 4 felony.
(3) Any person convicted of violating subsection (g) of
this Section is guilty of a Class 4 felony for a first
violation. A second or subsequent violation of subsection
(g) of this Section is a Class 3 felony. If a person under
13 years of age is present at any show, exhibition,
program, or other activity prohibited in subsection (g),
the parent, legal guardian, or other person who is 18 years
of age or older who brings that person under 13 years of
age to that show, exhibition, program, or other activity is
guilty of a Class 4 felony for a first violation and a
Class 3 felony for a second or subsequent violation.
(i-5) A person who commits a felony violation of this
Section is subject to the property forfeiture provisions set
forth in Article 124B of the Code of Criminal Procedure of
1963.
(j) Any dog or equipment involved in a violation of this
Section shall be immediately seized and impounded under Section
12 of the Humane Care for Animals Act when located at any show,
exhibition, program, or other activity featuring or otherwise
involving a dog fight for the purposes of sport, wagering, or
entertainment.

SB3733 Enrolled - 1703 - LRB096 19592 AMC 34984 b
(k) Any vehicle or conveyance other than a common carrier
that is used in violation of this Section shall be seized,
held, and offered for sale at public auction by the sheriff's
department of the proper jurisdiction, and the proceeds from
the sale shall be remitted to the general fund of the county
where the violation took place.
(l) Any veterinarian in this State who is presented with a
dog for treatment of injuries or wounds resulting from fighting
where there is a reasonable possibility that the dog was
engaged in or utilized for a fighting event for the purposes of
sport, wagering, or entertainment shall file a report with the
Department of Agriculture and cooperate by furnishing the
owners' names, dates, and descriptions of the dog or dogs
involved. Any veterinarian who in good faith complies with the
requirements of this subsection has immunity from any
liability, civil, criminal, or otherwise, that may result from
his or her actions. For the purposes of any proceedings, civil
or criminal, the good faith of the veterinarian shall be
rebuttably presumed.
(m) In addition to any other penalty provided by law, upon
conviction for violating this Section, the court may order that
the convicted person and persons dwelling in the same household
as the convicted person who conspired, aided, or abetted in the
unlawful act that was the basis of the conviction, or who knew
or should have known of the unlawful act, may not own, harbor,
or have custody or control of any dog or other animal for a

SB3733 Enrolled - 1704 - LRB096 19592 AMC 34984 b
period of time that the court deems reasonable.
(n) A violation of subsection (a) of this Section may be
inferred from evidence that the accused possessed any device or
equipment described in subsection (d), (e), or (h) of this
Section, and also possessed any dog.
(o) When no longer required for investigations or court
proceedings relating to the events described or depicted
therein, evidence relating to convictions for violations of
this Section shall be retained and made available for use in
training peace officers in detecting and identifying
violations of this Section. Such evidence shall be made
available upon request to other law enforcement agencies and to
schools certified under the Illinois Police Training Act.
(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10;
revised 10-1-09.)
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
Sec. 29B-1. (a) A person commits the offense of money
laundering:
(1) when, knowing that the property involved in a
financial transaction represents the proceeds of some form
of unlawful activity, he or she conducts or attempts to
conduct such a financial transaction which in fact involves
criminally derived property:
(A) with the intent to promote the carrying on of
the unlawful activity from which the criminally

SB3733 Enrolled - 1705 - LRB096 19592 AMC 34984 b
derived property was obtained; or
(B) where he or she knows or reasonably should know
that the financial transaction is designed in whole or
in part:
(i) to conceal or disguise the nature, the
location, the source, the ownership or the control
of the criminally derived property; or
(ii) to avoid a transaction reporting
requirement under State law; or
(1.5) when he or she transports, transmits, or
transfers, or attempts to transport, transmit, or transfer
a monetary instrument:
(A) with the intent to promote the carrying on of
the unlawful activity from which the criminally
derived property was obtained; or
(B) knowing, or having reason to know, that the
financial transaction is designed in whole or in part:
(i) to conceal or disguise the nature, the
location, the source, the ownership or the control
of the criminally derived property; or
(ii) to avoid a transaction reporting
requirement under State law; or
(2) when, with the intent to:
(A) promote the carrying on of a specified criminal
activity as defined in this Article; or
(B) conceal or disguise the nature, location,

SB3733 Enrolled - 1706 - LRB096 19592 AMC 34984 b
source, ownership, or control of property believed to
be the proceeds of a specified criminal activity as
defined by subdivision (b)(6); or
(C) avoid a transaction reporting requirement
under State law,
he or she conducts or attempts to conduct a financial
transaction involving property he or she believes to be the
proceeds of specified criminal activity as defined by
subdivision (b)(6) or property used to conduct or
facilitate specified criminal activity as defined by
subdivision (b)(6).
(b) As used in this Section:
(0.5) "Knowing that the property involved in a
financial transaction represents the proceeds of some form
of unlawful activity" means that the person knew the
property involved in the transaction represented proceeds
from some form, though not necessarily which form, of
activity that constitutes a felony under State, federal, or
foreign law.
(1) "Financial transaction" means a purchase, sale,
loan, pledge, gift, transfer, delivery or other
disposition utilizing criminally derived property, and
with respect to financial institutions, includes a
deposit, withdrawal, transfer between accounts, exchange
of currency, loan, extension of credit, purchase or sale of
any stock, bond, certificate of deposit or other monetary

SB3733 Enrolled - 1707 - LRB096 19592 AMC 34984 b
instrument, use of safe deposit box, or any other payment,
transfer or delivery by, through, or to a financial
institution. For purposes of clause (a)(2) of this Section,
the term "financial transaction" also means a transaction
which without regard to whether the funds, monetary
instruments, or real or personal property involved in the
transaction are criminally derived, any transaction which
in any way or degree: (1) involves the movement of funds by
wire or any other means; (2) involves one or more monetary
instruments; or (3) the transfer of title to any real or
personal property. The receipt by an attorney of bona fide
fees for the purpose of legal representation is not a
financial transaction for purposes of this Section.
(2) "Financial institution" means any bank; saving and
loan association; trust company; agency or branch of a
foreign bank in the United States; currency exchange;
credit union, mortgage banking institution; pawnbroker;
loan or finance company; operator of a credit card system;
issuer, redeemer or cashier of travelers checks, checks or
money orders; dealer in precious metals, stones or jewels;
broker or dealer in securities or commodities; investment
banker; or investment company.
(3) "Monetary instrument" means United States coins
and currency; coins and currency of a foreign country;
travelers checks; personal checks, bank checks, and money
orders; investment securities; bearer negotiable

SB3733 Enrolled - 1708 - LRB096 19592 AMC 34984 b
instruments; bearer investment securities; or bearer
securities and certificates of stock in such form that
title thereto passes upon delivery.
(4) "Criminally derived property" means: (A) any
property, real or personal, constituting or derived from
proceeds obtained, directly or indirectly, from activity
that constitutes a felony under State, federal, or foreign
law; or (B) any property represented to be property
constituting or derived from proceeds obtained, directly
or indirectly, from activity that constitutes a felony
under State, federal, or foreign law.
(5) "Conduct" or "conducts" includes, in addition to
its ordinary meaning, initiating, concluding, or
participating in initiating or concluding a transaction.
(6) "Specified criminal activity" means any violation
of Section 29D-15.1 (720 ILCS 5/29D-15.1) and any violation
of Article 29D of this Code.
(7) "Director" means the Director of State Police or
his or her designated agents.
(8) "Department" means the Department of State Police
of the State of Illinois or its successor agency.
(9) "Transaction reporting requirement under State
law" means any violation as defined under the Currency
Reporting Act.
(c) Sentence.
(1) Laundering of criminally derived property of a

SB3733 Enrolled - 1709 - LRB096 19592 AMC 34984 b
value not exceeding $10,000 is a Class 3 felony;
(2) Laundering of criminally derived property of a
value exceeding $10,000 but not exceeding $100,000 is a
Class 2 felony;
(3) Laundering of criminally derived property of a
value exceeding $100,000 but not exceeding $500,000 is a
Class 1 felony;
(4) Money laundering in violation of subsection (a)(2)
of this Section is a Class X felony;
(5) Laundering of criminally derived property of a
value exceeding $500,000 is a Class 1 non-probationable
felony;
(6) In a prosecution under clause (a)(1.5)(B)(ii) of
this Section, the sentences are as follows:
(A) Laundering of property of a value not exceeding
$10,000 is a Class 3 felony;
(B) Laundering of property of a value exceeding
$10,000 but not exceeding $100,000 is a Class 2 felony;
(C) Laundering of property of a value exceeding
$100,000 but not exceeding $500,000 is a Class 1
felony;
(D) Laundering of property of a value exceeding
$500,000 is a Class 1 non-probationable felony.
(d) Evidence. In a prosecution under this Article, either
party may introduce the following evidence pertaining to the
issue of whether the property or proceeds were known to be some

SB3733 Enrolled - 1710 - LRB096 19592 AMC 34984 b
form of criminally derived property or from some form of
unlawful activity:
(1) A financial transaction was conducted or
structured or attempted in violation of the reporting
requirements of any State or federal law; or
(2) A financial transaction was conducted or attempted
with the use of a false or fictitious name or a forged
instrument; or
(3) A falsely altered or completed written instrument
or a written instrument that contains any materially false
personal identifying information was made, used, offered
or presented, whether accepted or not, in connection with a
financial transaction; or
(4) A financial transaction was structured or
attempted to be structured so as to falsely report the
actual consideration or value of the transaction; or
(5) A money transmitter, a person engaged in a trade or
business or any employee of a money transmitter or a person
engaged in a trade or business, knows or reasonably should
know that false personal identifying information has been
presented and incorporates the false personal identifying
information into any report or record; or
(6) The criminally derived property is transported or
possessed in a fashion inconsistent with the ordinary or
usual means of transportation or possession of such
property and where the property is discovered in the

SB3733 Enrolled - 1711 - LRB096 19592 AMC 34984 b
absence of any documentation or other indicia of legitimate
origin or right to such property; or
(7) A person pays or receives substantially less than
face value for one or more monetary instruments; or
(8) A person engages in a transaction involving one or
more monetary instruments, where the physical condition or
form of the monetary instrument or instruments makes it
apparent that they are not the product of bona fide
business or financial transactions.
(e) Duty to enforce this Article.
(1) It is the duty of the Department of State Police,
and its agents, officers, and investigators, to enforce all
provisions of this Article, except those specifically
delegated, and to cooperate with all agencies charged with
the enforcement of the laws of the United States, or of any
state, relating to money laundering. Only an agent,
officer, or investigator designated by the Director may be
authorized in accordance with this Section to serve seizure
notices, warrants, subpoenas, and summonses under the
authority of this State.
(2) Any agent, officer, investigator, or peace officer
designated by the Director may: (A) make seizure of
property pursuant to the provisions of this Article; and
(B) perform such other law enforcement duties as the
Director designates. It is the duty of all State's
Attorneys to prosecute violations of this Article and

SB3733 Enrolled - 1712 - LRB096 19592 AMC 34984 b
institute legal proceedings as authorized under this
Article.
(f) Protective orders.
(1) Upon application of the State, the court may enter
a restraining order or injunction, require the execution of
a satisfactory performance bond, or take any other action
to preserve the availability of property described in
subsection (h) for forfeiture under this Article:
(A) upon the filing of an indictment, information,
or complaint charging a violation of this Article for
which forfeiture may be ordered under this Article and
alleging that the property with respect to which the
order is sought would be subject to forfeiture under
this Article; or
(B) prior to the filing of such an indictment,
information, or complaint, if, after notice to persons
appearing to have an interest in the property and
opportunity for a hearing, the court determines that:
(i) there is probable cause to believe that the
State will prevail on the issue of forfeiture and
that failure to enter the order will result in the
property being destroyed, removed from the
jurisdiction of the court, or otherwise made
unavailable for forfeiture; and
(ii) the need to preserve the availability of
the property through the entry of the requested

SB3733 Enrolled - 1713 - LRB096 19592 AMC 34984 b
order outweighs the hardship on any party against
whom the order is to be entered.
Provided, however, that an order entered pursuant
to subparagraph (B) shall be effective for not more
than 90 days, unless extended by the court for good
cause shown or unless an indictment, information,
complaint, or administrative notice has been filed.
(2) A temporary restraining order under this
subsection may be entered upon application of the State
without notice or opportunity for a hearing when an
indictment, information, complaint, or administrative
notice has not yet been filed with respect to the property,
if the State demonstrates that there is probable cause to
believe that the property with respect to which the order
is sought would be subject to forfeiture under this Section
and that provision of notice will jeopardize the
availability of the property for forfeiture. Such a
temporary order shall expire not more than 30 days after
the date on which it is entered, unless extended for good
cause shown or unless the party against whom it is entered
consents to an extension for a longer period. A hearing
requested concerning an order entered under this paragraph
shall be held at the earliest possible time and prior to
the expiration of the temporary order.
(3) The court may receive and consider, at a hearing
held pursuant to this subsection (f), evidence and

SB3733 Enrolled - 1714 - LRB096 19592 AMC 34984 b
information that would be inadmissible under the Illinois
rules of evidence.
(4) Order to repatriate and deposit.
(A) In general. Pursuant to its authority to enter
a pretrial restraining order under this Section, the
court may order a defendant to repatriate any property
that may be seized and forfeited and to deposit that
property pending trial with the Illinois State Police
or another law enforcement agency designated by the
Illinois State Police.
(B) Failure to comply. Failure to comply with an
order under this subsection (f) is punishable as a
civil or criminal contempt of court.
(g) Warrant of seizure. The State may request the issuance
of a warrant authorizing the seizure of property described in
subsection (h) in the same manner as provided for a search
warrant. If the court determines that there is probable cause
to believe that the property to be seized would be subject to
forfeiture, the court shall issue a warrant authorizing the
seizure of such property.
(h) Forfeiture.
(1) The following are subject to forfeiture:
(A) any property, real or personal, constituting,
derived from, or traceable to any proceeds the person
obtained directly or indirectly, as a result of a
violation of this Article;

SB3733 Enrolled - 1715 - LRB096 19592 AMC 34984 b
(B) any of the person's property used, or intended
to be used, in any manner or part, to commit, or to
facilitate the commission of, a violation of this
Article;
(C) all conveyances, including aircraft, vehicles
or vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or
concealment of property described in subparagraphs (A)
and (B), but:
(i) no conveyance used by any person as a
common carrier in the transaction of business as a
common carrier is subject to forfeiture under this
Section unless it appears that the owner or other
person in charge of the conveyance is a consenting
party or privy to a violation of this Article;
(ii) no conveyance is subject to forfeiture
under this Section by reason of any act or omission
which the owner proves to have been committed or
omitted without his or her knowledge or consent;
(iii) a forfeiture of a conveyance encumbered
by a bona fide security interest is subject to the
interest of the secured party if he or she neither
had knowledge of nor consented to the act or
omission;
(D) all real property, including any right, title,

SB3733 Enrolled - 1716 - LRB096 19592 AMC 34984 b
and interest (including, but not limited to, any
leasehold interest or the beneficial interest in a land
trust) in the whole of any lot or tract of land and any
appurtenances or improvements, which is used or
intended to be used, in any manner or part, to commit,
or in any manner to facilitate the commission of, any
violation of this Article or that is the proceeds of
any violation or act that constitutes a violation of
this Article.
(2) Property subject to forfeiture under this Article
may be seized by the Director or any peace officer upon
process or seizure warrant issued by any court having
jurisdiction over the property. Seizure by the Director or
any peace officer without process may be made:
(A) if the seizure is incident to a seizure
warrant;
(B) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Article;
(C) if there is probable cause to believe that the
property is directly or indirectly dangerous to health
or safety;
(D) if there is probable cause to believe that the
property is subject to forfeiture under this Article
and the property is seized under circumstances in which

SB3733 Enrolled - 1717 - LRB096 19592 AMC 34984 b
a warrantless seizure or arrest would be reasonable; or
(E) in accordance with the Code of Criminal
Procedure of 1963.
(3) In the event of seizure pursuant to paragraph (2),
forfeiture proceedings shall be instituted in accordance
with subsections (i) through (r).
(4) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney under this Article. When property is seized under
this Article, the seizing agency shall promptly conduct an
inventory of the seized property and estimate the
property's value and shall forward a copy of the inventory
of seized property and the estimate of the property's value
to the Director. Upon receiving notice of seizure, the
Director may:
(A) place the property under seal;
(B) remove the property to a place designated by
the Director;
(C) keep the property in the possession of the
seizing agency;
(D) remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary

SB3733 Enrolled - 1718 - LRB096 19592 AMC 34984 b
purposes, deposit it in an interest bearing account;
(E) place the property under constructive seizure
by posting notice of pending forfeiture on it, by
giving notice of pending forfeiture to its owners and
interest holders, or by filing notice of pending
forfeiture in any appropriate public record relating
to the property; or
(F) provide for another agency or custodian,
including an owner, secured party, or lienholder, to
take custody of the property upon the terms and
conditions set by the Director.
(5) When property is forfeited under this Article, the
Director shall sell all such property unless such property
is required by law to be destroyed or is harmful to the
public, and shall distribute the proceeds of the sale,
together with any moneys forfeited or seized, in accordance
with paragraph (6). However, upon the application of the
seizing agency or prosecutor who was responsible for the
investigation, arrest or arrests and prosecution which
lead to the forfeiture, the Director may return any item of
forfeited property to the seizing agency or prosecutor for
official use in the enforcement of laws, if the agency or
prosecutor can demonstrate that the item requested would be
useful to the agency or prosecutor in its enforcement
efforts. When any real property returned to the seizing
agency is sold by the agency or its unit of government, the

SB3733 Enrolled - 1719 - LRB096 19592 AMC 34984 b
proceeds of the sale shall be delivered to the Director and
distributed in accordance with paragraph (6).
(6) All monies and the sale proceeds of all other
property forfeited and seized under this Article shall be
distributed as follows:
(A) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or State
law enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of
the law enforcement agency in the effort resulting in
the forfeiture, taking into account the total value of
the property forfeited and the total law enforcement
effort with respect to the violation of the law upon
which the forfeiture is based. Amounts distributed to
the agency or agencies shall be used for the
enforcement of laws.
(B)(i) 12.5% shall be distributed to the Office of
the State's Attorney of the county in which the
prosecution resulting in the forfeiture was
instituted, deposited in a special fund in the county
treasury and appropriated to the State's Attorney for
use in the enforcement of laws. In counties over
3,000,000 population, 25% shall be distributed to the
Office of the State's Attorney for use in the

SB3733 Enrolled - 1720 - LRB096 19592 AMC 34984 b
enforcement of laws. If the prosecution is undertaken
solely by the Attorney General, the portion provided
hereunder shall be distributed to the Attorney General
for use in the enforcement of laws.
(ii) 12.5% shall be distributed to the Office
of the State's Attorneys Appellate Prosecutor and
deposited in the Narcotics Profit Forfeiture Fund
of that office to be used for additional expenses
incurred in the investigation, prosecution and
appeal of cases arising under laws. The Office of
the State's Attorneys Appellate Prosecutor shall
not receive distribution from cases brought in
counties with over 3,000,000 population.
(C) 10% shall be retained by the Department of
State Police for expenses related to the
administration and sale of seized and forfeited
property.
(i) Notice to owner or interest holder.
(1) Whenever notice of pending forfeiture or service of
an in rem complaint is required under the provisions of
this Article, such notice or service shall be given as
follows:
(A) If the owner's or interest holder's name and
current address are known, then by either personal
service or mailing a copy of the notice by certified
mail, return receipt requested, to that address. For

SB3733 Enrolled - 1721 - LRB096 19592 AMC 34984 b
purposes of notice under this Section, if a person has
been arrested for the conduct giving rise to the
forfeiture, then the address provided to the arresting
agency at the time of arrest shall be deemed to be that
person's known address. Provided, however, if an owner
or interest holder's address changes prior to the
effective date of the notice of pending forfeiture, the
owner or interest holder shall promptly notify the
seizing agency of the change in address or, if the
owner or interest holder's address changes subsequent
to the effective date of the notice of pending
forfeiture, the owner or interest holder shall
promptly notify the State's Attorney of the change in
address; or
(B) If the property seized is a conveyance, to the
address reflected in the office of the agency or
official in which title or interest to the conveyance
is required by law to be recorded, then by mailing a
copy of the notice by certified mail, return receipt
requested, to that address; or
(C) If the owner's or interest holder's address is
not known, and is not on record as provided in
paragraph (B), then by publication for 3 successive
weeks in a newspaper of general circulation in the
county in which the seizure occurred.
(2) Notice served under this Article is effective upon

SB3733 Enrolled - 1722 - LRB096 19592 AMC 34984 b
personal service, the last date of publication, or the
mailing of written notice, whichever is earlier.
(j) Notice to State's Attorney. The law enforcement agency
seizing property for forfeiture under this Article shall,
within 90 days after seizure, notify the State's Attorney for
the county, either where an act or omission giving rise to the
forfeiture occurred or where the property was seized, of the
seizure of the property and the facts and circumstances giving
rise to the seizure and shall provide the State's Attorney with
the inventory of the property and its estimated value. When the
property seized for forfeiture is a vehicle, the law
enforcement agency seizing the property shall immediately
notify the Secretary of State that forfeiture proceedings are
pending regarding such vehicle.
(k) Non-judicial forfeiture. If non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or if real property is seized under the provisions of this
Article, the State's Attorney shall institute judicial in rem
forfeiture proceedings as described in subsection (l) of this
Section within 45 days from receipt of notice of seizure from
the seizing agency under subsection (j) of this Section.
However, if non-real property that does not exceed $20,000 in
value excluding the value of any conveyance is seized, the
following procedure shall be used:
(1) If, after review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the

SB3733 Enrolled - 1723 - LRB096 19592 AMC 34984 b
seized property is subject to forfeiture, then within 45
days after the receipt of notice of seizure from the
seizing agency, the State's Attorney shall cause notice of
pending forfeiture to be given to the owner of the property
and all known interest holders of the property in
accordance with subsection (i) of this Section.
(2) The notice of pending forfeiture must include a
description of the property, the estimated value of the
property, the date and place of seizure, the conduct giving
rise to forfeiture or the violation of law alleged, and a
summary of procedures and procedural rights applicable to
the forfeiture action.
(3)(A) Any person claiming an interest in property
which is the subject of notice under paragraph (1) of this
subsection (k), must, in order to preserve any rights or
claims to the property, within 45 days after the effective
date of notice as described in subsection (i) of this
Section, file a verified claim with the State's Attorney
expressing his or her interest in the property. The claim
must set forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's

SB3733 Enrolled - 1724 - LRB096 19592 AMC 34984 b
interest in the property;
(iv) the date, identity of the transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the name and address of all other persons known
to have an interest in the property;
(vi) the specific provision of law relied on in
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the relief sought.
(B) If a claimant files the claim and deposits with the
State's Attorney a cost bond, in the form of a cashier's
check payable to the clerk of the court, in the sum of 10%
of the reasonable value of the property as alleged by the
State's Attorney or the sum of $100, whichever is greater,
upon condition that, in the case of forfeiture, the
claimant must pay all costs and expenses of forfeiture
proceedings, then the State's Attorney shall institute
judicial in rem forfeiture proceedings and deposit the cost
bond with the clerk of the court as described in subsection
(l) of this Section within 45 days after receipt of the
claim and cost bond. In lieu of a cost bond, a person
claiming interest in the seized property may file, under
penalty of perjury, an indigency affidavit which has been
approved by a circuit court judge.

SB3733 Enrolled - 1725 - LRB096 19592 AMC 34984 b
(C) If none of the seized property is forfeited in the
judicial in rem proceeding, the clerk of the court shall
return to the claimant, unless the court orders otherwise,
90% of the sum which has been deposited and shall retain as
costs 10% of the money deposited. If any of the seized
property is forfeited under the judicial forfeiture
proceeding, the clerk of the court shall transfer 90% of
the sum which has been deposited to the State's Attorney
prosecuting the civil forfeiture to be applied to the costs
of prosecution and the clerk shall retain as costs 10% of
the sum deposited.
(4) If no claim is filed or bond given within the 45
day period as described in paragraph (3) of this subsection
(k), the State's Attorney shall declare the property
forfeited and shall promptly notify the owner and all known
interest holders of the property and the Director of State
Police of the declaration of forfeiture and the Director
shall dispose of the property in accordance with law.
(l) Judicial in rem procedures. If property seized under
the provisions of this Article is non-real property that
exceeds $20,000 in value excluding the value of any conveyance,
or is real property, or a claimant has filed a claim and a cost
bond under paragraph (3) of subsection (k) of this Section, the
following judicial in rem procedures shall apply:
(1) If, after a review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the

SB3733 Enrolled - 1726 - LRB096 19592 AMC 34984 b
seized property is subject to forfeiture, then within 45
days of the receipt of notice of seizure by the seizing
agency or the filing of the claim and cost bond, whichever
is later, the State's Attorney shall institute judicial
forfeiture proceedings by filing a verified complaint for
forfeiture and, if the claimant has filed a claim and cost
bond, by depositing the cost bond with the clerk of the
court. When authorized by law, a forfeiture must be ordered
by a court on an action in rem brought by a State's
Attorney under a verified complaint for forfeiture.
(2) During the probable cause portion of the judicial
in rem proceeding wherein the State presents its
case-in-chief, the court must receive and consider, among
other things, all relevant hearsay evidence and
information. The laws of evidence relating to civil actions
apply to all other portions of the judicial in rem
proceeding.
(3) Only an owner of or interest holder in the property
may file an answer asserting a claim against the property
in the action in rem. For purposes of this Section, the
owner or interest holder shall be referred to as claimant.
Upon motion of the State, the court shall first hold a
hearing, wherein any claimant must establish by a
preponderance of the evidence, that he or she has a lawful,
legitimate ownership interest in the property and that it
was obtained through a lawful source.

SB3733 Enrolled - 1727 - LRB096 19592 AMC 34984 b
(4) The answer must be signed by the owner or interest
holder under penalty of perjury and must set forth:
(A) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(B) the address at which the claimant will accept
mail;
(C) the nature and extent of the claimant's
interest in the property;
(D) the date, identity of transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(E) the name and address of all other persons known
to have an interest in the property;
(F) all essential facts supporting each assertion;
and
(G) the precise relief sought.
(5) The answer must be filed with the court within 45
days after service of the civil in rem complaint.
(6) The hearing must be held within 60 days after
filing of the answer unless continued for good cause.
(7) The State shall show the existence of probable
cause for forfeiture of the property. If the State shows
probable cause, the claimant has the burden of showing by a
preponderance of the evidence that the claimant's interest
in the property is not subject to forfeiture.

SB3733 Enrolled - 1728 - LRB096 19592 AMC 34984 b
(8) If the State does not show existence of probable
cause, the court shall order the interest in the property
returned or conveyed to the claimant and shall order all
other property forfeited to the State. If the State does
show existence of probable cause, the court shall order all
property forfeited to the State.
(9) A defendant convicted in any criminal proceeding is
precluded from later denying the essential allegations of
the criminal offense of which the defendant was convicted
in any proceeding under this Article regardless of the
pendency of an appeal from that conviction. However,
evidence of the pendency of an appeal is admissible.
(10) An acquittal or dismissal in a criminal proceeding
does not preclude civil proceedings under this Article;
however, for good cause shown, on a motion by the State's
Attorney, the court may stay civil forfeiture proceedings
during the criminal trial for a related criminal indictment
or information alleging a money laundering violation. Such
a stay shall not be available pending an appeal. Property
subject to forfeiture under this Article shall not be
subject to return or release by a court exercising
jurisdiction over a criminal case involving the seizure of
such property unless such return or release is consented to
by the State's Attorney.
(11) All property declared forfeited under this
Article vests in this State on the commission of the

SB3733 Enrolled - 1729 - LRB096 19592 AMC 34984 b
conduct giving rise to forfeiture together with the
proceeds of the property after that time. Any such property
or proceeds subsequently transferred to any person remain
subject to forfeiture and thereafter shall be ordered
forfeited.
(12) A civil action under this Article must be
commenced within 5 years after the last conduct giving rise
to forfeiture became known or should have become known or 5
years after the forfeitable property is discovered,
whichever is later, excluding any time during which either
the property or claimant is out of the State or in
confinement or during which criminal proceedings relating
to the same conduct are in progress.
(m) Stay of time periods. If property is seized for
evidence and for forfeiture, the time periods for instituting
judicial and non-judicial forfeiture proceedings shall not
begin until the property is no longer necessary for evidence.
(n) Settlement of claims. Notwithstanding other provisions
of this Article, the State's Attorney and a claimant of seized
property may enter into an agreed-upon settlement concerning
the seized property in such an amount and upon such terms as
are set out in writing in a settlement agreement.
(o) Property constituting attorney fees. Nothing in this
Article applies to property which constitutes reasonable bona
fide attorney's fees paid to an attorney for services rendered
or to be rendered in the forfeiture proceeding or criminal

SB3733 Enrolled - 1730 - LRB096 19592 AMC 34984 b
proceeding relating directly thereto where such property was
paid before its seizure, before the issuance of any seizure
warrant or court order prohibiting transfer of the property and
where the attorney, at the time he or she received the property
did not know that it was property subject to forfeiture under
this Article.
(p) Construction. It is the intent of the General Assembly
that the forfeiture provisions of this Article be liberally
construed so as to effect their remedial purpose. The
forfeiture of property and other remedies hereunder shall be
considered to be in addition to, and not exclusive of, any
sentence or other remedy provided by law.
(q) Judicial review. If property has been declared
forfeited under subsection (k) of this Section, any person who
has an interest in the property declared forfeited may, within
30 days after the effective date of the notice of the
declaration of forfeiture, file a claim and cost bond as
described in paragraph (3) of subsection (k) of this Section.
If a claim and cost bond is filed under this Section, then the
procedures described in subsection (l) of this Section apply.
(r) Burden of proof of exemption or exception. It is not
necessary for the State to negate any exemption or exception in
this Article in any complaint, information, indictment or other
pleading or in any trial, hearing, or other proceeding under
this Article. The burden of proof of any exemption or exception
is upon the person claiming it.

SB3733 Enrolled - 1731 - LRB096 19592 AMC 34984 b
(s) Review of administrative decisions. All administrative
findings, rulings, final determinations, findings, and
conclusions of the State's Attorney's Office under this Article
are final and conclusive decisions of the matters involved. Any
person aggrieved by the decision may obtain review of the
decision pursuant to the provisions of the Administrative
Review Law and the rules adopted pursuant to that Law. Pending
final decision on such review, the administrative acts, orders,
and rulings of the State's Attorney's Office remain in full
force and effect unless modified or suspended by order of court
pending final judicial decision. Pending final decision on such
review, the acts, orders, and rulings of the State's Attorney's
Office remain in full force and effect, unless stayed by order
of court. However, no stay of any decision of the
administrative agency shall issue unless the person aggrieved
by the decision establishes by a preponderance of the evidence
that good cause exists for the stay. In determining good cause,
the court shall find that the aggrieved party has established a
substantial likelihood of prevailing on the merits and that
granting the stay will not have an injurious effect on the
general public.
(Source: P.A. 96-275, eff. 8-11-09; 96-710, eff. 1-1-10;
revised 10-9-09.)
(720 ILCS 5/29D-25)
Sec. 29D-25. Falsely making a terrorist threat.

SB3733 Enrolled - 1732 - LRB096 19592 AMC 34984 b
(a) A person commits the offense of falsely making a
terrorist threat when in any manner he or she knowingly makes a
threat to commit or cause to be committed a terrorist act as
defined in Section 29D-10(1) or otherwise knowingly creates the
impression or belief that a terrorist act is about to be or has
been committed, or in any manner knowingly makes a threat to
commit or cause to be committed a catastrophe as defined in
Section 29D-15.1 (720 ILCS 5/29D-15.1) of this Code that he or
she knows is false.
(b) Sentence. Falsely making a terrorist threat is a Class
1 felony.
(c) In addition to any other sentence that may be imposed,
the court shall order any person convicted of falsely making a
terrorist threat, involving a threat that a bomb or explosive
device has been placed in a school in which the offender knows
that such bomb or explosive device was not placed in the
school, to reimburse the unit of government that employs the
emergency response officer or officers that were dispatched to
the school for the cost of the search for a bomb or explosive
device. For the purposes of this Section, "emergency response"
means any incident requiring a response by a police officer, a
firefighter, a State Fire Marshal employee, or an ambulance.
(Source: P.A. 96-413, eff. 8-13-09; 96-710, eff. 1-1-10;
revised 10-9-09.)
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)

SB3733 Enrolled - 1733 - LRB096 19592 AMC 34984 b
Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
with the knowledge and consent of the owner in the commission
of, or in the attempt to commit as defined in Section 8-4 of
this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if
the theft is of precious metal or of scrap metal, 18-2, 19-1,
19-2, 19-3, 20-1, 20-2, 29D-15.2, 24-1.2, 24-1.2-5, 24-1.5, or
28-1, or 29D-15.2 of this Code, paragraph (a) of Section 12-4
of this Code, paragraph (a) of Section 12-15 or paragraphs (a),
(c) or (d) of Section 12-16 of this Code, or paragraph (a)(6)
or (a)(7) of Section 24-1 of this Code; (b) Section 21, 22, 23,
24 or 26 of the Cigarette Tax Act if the vessel, vehicle or
aircraft contains more than 10 cartons of such cigarettes; (c)
Section 28, 29 or 30 of the Cigarette Use Tax Act if the
vessel, vehicle or aircraft contains more than 10 cartons of
such cigarettes; (d) Section 44 of the Environmental Protection
Act; (e) 11-204.1 of the Illinois Vehicle Code; (f) the
offenses described in the following provisions of the Illinois
Vehicle Code: Section 11-501 subdivisions (c-1)(1), (c-1)(2),
(c-1)(3), (d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H); (g)
an offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code; or (h) an offense described in
subsection (e) of Section 6-101 of the Illinois Vehicle Code;
may be seized and delivered forthwith to the sheriff of the
county of seizure.

SB3733 Enrolled - 1734 - LRB096 19592 AMC 34984 b
Within 15 days after such delivery the sheriff shall give
notice of seizure to each person according to the following
method: Upon each such person whose right, title or interest is
of record in the office of the Secretary of State, the
Secretary of Transportation, the Administrator of the Federal
Aviation Agency, or any other Department of this State, or any
other state of the United States if such vessel, vehicle or
aircraft is required to be so registered, as the case may be,
by mailing a copy of the notice by certified mail to the
address as given upon the records of the Secretary of State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United
States if such vessel, vehicle or aircraft is required to be so
registered. Within that 15 day period the sheriff shall also
notify the State's Attorney of the county of seizure about the
seizure.
In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section 7g of the
Metropolitan Water Reclamation District Act shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vessels,
vehicles and aircraft, and any such equipment shall be deemed a
vessel, vehicle or aircraft for purposes of this Article.
When a person discharges a firearm at another individual
from a vehicle with the knowledge and consent of the owner of
the vehicle and with the intent to cause death or great bodily

SB3733 Enrolled - 1735 - LRB096 19592 AMC 34984 b
harm to that individual and as a result causes death or great
bodily harm to that individual, the vehicle shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vehicles used in
violations of clauses (a), (b), (c), or (d) of this Section.
If the spouse of the owner of a vehicle seized for an
offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code, a violation of subdivision (c-1)(1),
(c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501
of the Illinois Vehicle Code, or Section 9-3 of this Code makes
a showing that the seized vehicle is the only source of
transportation and it is determined that the financial hardship
to the family as a result of the seizure outweighs the benefit
to the State from the seizure, the vehicle may be forfeited to
the spouse or family member and the title to the vehicle shall
be transferred to the spouse or family member who is properly
licensed and who requires the use of the vehicle for employment
or family transportation purposes. A written declaration of
forfeiture of a vehicle under this Section shall be sufficient
cause for the title to be transferred to the spouse or family
member. The provisions of this paragraph shall apply only to
one forfeiture per vehicle. If the vehicle is the subject of a
subsequent forfeiture proceeding by virtue of a subsequent
conviction of either spouse or the family member, the spouse or
family member to whom the vehicle was forfeited under the first
forfeiture proceeding may not utilize the provisions of this

SB3733 Enrolled - 1736 - LRB096 19592 AMC 34984 b
paragraph in another forfeiture proceeding. If the owner of the
vehicle seized owns more than one vehicle, the procedure set
out in this paragraph may be used for only one vehicle.
Property declared contraband under Section 40 of the
Illinois Streetgang Terrorism Omnibus Prevention Act may be
seized and forfeited under this Article.
(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; revised
10-9-09.)
Section 605. The Illinois Controlled Substances Act is
amended by changing Sections 208 and 303.05 as follows:
(720 ILCS 570/208) (from Ch. 56 1/2, par. 1208)
Sec. 208. (a) The controlled substances listed in this
Section are included in Schedule III.
(b) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers (whether optical
position, or geometric), and salts of such isomers whenever the
existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation;
(1) Those compounds, mixtures, or preparations in
dosage unit form containing any stimulant substances
listed in Schedule II which compounds, mixtures, or

SB3733 Enrolled - 1737 - LRB096 19592 AMC 34984 b
preparations were listed on August 25, 1971, as excepted
compounds under Title 21, Code of Federal Regulations,
Section 308.32, and any other drug of the quantitative
composition shown in that list for those drugs or which is
the same except that it contains a lesser quantity of
controlled substances;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(c) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a potential for abuse associated with a
depressant effect on the central nervous system:
(1) Any compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital or any salt
thereof and one or more other active medicinal ingredients
which are not listed in any schedule;
(2) Any suppository dosage form containing
amobarbital, secobarbital, pentobarbital or any salt of
any of these drugs and approved by the Federal Food and
Drug Administration for marketing only as a suppository;
(3) Any substance which contains any quantity of a
derivative of barbituric acid, or any salt thereof:
(4) Chlorhexadol;

SB3733 Enrolled - 1738 - LRB096 19592 AMC 34984 b
(5) Methyprylon;
(6) Sulfondiethylmethane;
(7) Sulfonethylmethane;
(8) Sulfonmethane;
(9) Lysergic acid;
(10) Lysergic acid amide;
(10.1) Tiletamine or zolazepam or both, or any salt of
either of them.
Some trade or other names for a tiletamine-zolazepam
combination product: Telazol.
Some trade or other names for Tiletamine:
2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
Some trade or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
[3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
(11) Any material, compound, mixture or preparation
containing not more than 12.5 milligrams of pentazocine or
any of its salts, per 325 milligrams of aspirin;
(12) Any material, compound, mixture or preparation
containing not more than 12.5 milligrams of pentazocine or
any of its salts, per 325 milligrams of acetaminophen;
(13) Any material, compound, mixture or preparation
containing not more than 50 milligrams of pentazocine or
any of its salts plus naloxone HCl USP 0.5 milligrams, per
dosage unit;
(14) Ketamine.

SB3733 Enrolled - 1739 - LRB096 19592 AMC 34984 b
(d) Nalorphine.
(e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the free
anhydrous base or alkaloid, as set forth below:
(1) not more than 1.8 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage unit,
with an equal or greater quantity of an isoquinoline
alkaloid of opium;
(2) not more than 1.8 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage unit,
with one or more active non-narcotic ingredients in
recognized therapeutic amounts;
(3) not more than 300 milligrams of dihydrocodeinone
per 100 milliliters or not more than 15 milligrams per
dosage unit, with a fourfold or greater quantity of an
isoquinoline alkaloid of opium;
(4) not more than 300 milligrams of dihydrocodeinone
per 100 milliliters or not more than 15 milligrams per
dosage unit, with one or more active, non-narcotic
ingredients in recognized therapeutic amounts;
(5) not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit,
with one or more active, non-narcotic ingredients in
recognized therapeutic amounts;

SB3733 Enrolled - 1740 - LRB096 19592 AMC 34984 b
(6) not more than 300 milligrams of ethylmorphine per
100 milliliters or not more than 15 milligrams per dosage
unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts;
(7) not more than 500 milligrams of opium per 100
milliliters or per 100 grams, or not more than 25
milligrams per dosage unit, with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts;
(8) not more than 50 milligrams of morphine per 100
milliliters or per 100 grams with one or more active,
non-narcotic ingredients in recognized therapeutic
amounts.
(f) Anabolic steroids, except the following anabolic
steroids that are exempt:
(1) Androgyn L.A.;
(2) Andro-Estro 90-4;
(3) depANDROGYN;
(4) DEPO-T.E.;
(5) depTESTROGEN;
(6) Duomone;
(7) DURATESTRIN;
(8) DUO-SPAN II;
(9) Estratest;
(10) Estratest H.S.;
(11) PAN ESTRA TEST;

SB3733 Enrolled - 1741 - LRB096 19592 AMC 34984 b
(12) Premarin with Methyltestosterone;
(13) TEST-ESTRO Cypionates;
(14) Testosterone Cyp 50 Estradiol Cyp 2;
(15) Testosterone Cypionate-Estradiol Cypionate
injection; and
(16) Testosterone Enanthate-Estradiol Valerate
injection.
(g) Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and
encapsulated in a soft gelatin capsule in a U.S. Food and
Drug Administration approved product. Some other names for
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol)
(6aR-trans)-6a,7,8,10a-tetrahydro-
6,6,9-trimetjyl-3-pentyl-6H-debenzo (b,d) pyran-1-ol) or
(-)-delta-9-(trans)-tetrahydrocannabinol
(-)-delta-9-(trans)-tetrahydrocannibinol.
(2) (Reserved).
(h) The Department may except by rule any compound,
mixture, or preparation containing any stimulant or depressant
substance listed in subsection (b) from the application of all
or any part of this Act if the compound, mixture, or
preparation contains one or more active medicinal ingredients
not having a stimulant or depressant effect on the central
nervous system, and if the admixtures are included therein in
combinations, quantity, proportion, or concentration that

SB3733 Enrolled - 1742 - LRB096 19592 AMC 34984 b
vitiate the potential for abuse of the substances which have a
stimulant or depressant effect on the central nervous system.
(Source: P.A. 96-328, eff. 8-11-09; revised 11-4-09.)
(720 ILCS 570/303.05)
Sec. 303.05. Mid-level practitioner registration.
(a) The Department of Financial and Professional
Regulation shall register licensed physician assistants and
licensed advanced practice nurses to prescribe and dispense
controlled substances under Section 303 and euthanasia
agencies to purchase, store, or administer animal euthanasia
drugs under the following circumstances:
(1) with respect to physician assistants,
(A) the physician assistant has been delegated
authority to prescribe any Schedule III through V
controlled substances by a physician licensed to
practice medicine in all its branches in accordance
with Section 7.5 of the Physician Assistant Practice
Act of 1987; and the physician assistant has completed
the appropriate application forms and has paid the
required fees as set by rule; or
(B) the physician assistant has been delegated
authority by a supervising physician licensed to
practice medicine in all its branches to prescribe or
dispense Schedule II controlled substances through a
written delegation of authority and under the

SB3733 Enrolled - 1743 - LRB096 19592 AMC 34984 b
following conditions:
(i) no more than 5 Schedule II controlled
substances by oral dosage may be delegated;
(ii) any delegation must be of controlled
substances prescribed by the supervising
physician;
(iii) all prescriptions must be limited to no
more than a 30-day oral dosage, with any
continuation authorized only after prior approval
of the supervising physician;
(iv) the physician assistant must discuss the
condition of any patients for whom a controlled
substance is prescribed monthly with the
delegating physician; and
(v) the physician assistant must have
completed the appropriate application forms and
paid the required fees as set by rule; and
(2) with respect to advanced practice nurses,
(A) the advanced practice nurse has been delegated
authority to prescribe any Schedule III through V
controlled substances by a physician licensed to
practice medicine in all its branches or a podiatrist
in accordance with Section 65-40 of the Nurse Practice
Act. The advanced practice nurse has completed the
appropriate application forms and has paid the
required fees as set by rule; or

SB3733 Enrolled - 1744 - LRB096 19592 AMC 34984 b
(B) the advanced practice nurse has been delegated
authority by a collaborating physician licensed to
practice medicine in all its branches to prescribe or
dispense Schedule II controlled substances through a
written delegation of authority and under the
following conditions:
(i) no more than 5 Schedule II controlled
substances by oral dosage may be delegated;
(ii) any delegation must be of controlled
substances prescribed by the collaborating
physician;
(iii) all prescriptions must be limited to no
more than a 30-day oral dosage, with any
continuation authorized only after prior approval
of the collaborating physician;
(iv) the advanced practice nurse must discuss
the condition of any patients for whom a controlled
substance is prescribed monthly with the
delegating physician; and
(v) the advanced practice nurse must have
completed the appropriate application forms and
paid the required fees as set by rule; or
(3) with respect to animal euthanasia agencies, the
euthanasia agency has obtained a license from the
Department of Professional Regulation and obtained a
registration number from the Department.

SB3733 Enrolled - 1745 - LRB096 19592 AMC 34984 b
(b) The mid-level practitioner shall only be licensed to
prescribe those schedules of controlled substances for which a
licensed physician or licensed podiatrist has delegated
prescriptive authority, except that an animal euthanasia
agency does not have any prescriptive authority. A physician
assistant and an advanced practice nurse are prohibited from
prescribing medications and controlled substances not set
forth in the required written delegation of authority.
(c) Upon completion of all registration requirements,
physician assistants, advanced practice nurses, and animal
euthanasia agencies shall be issued a mid-level practitioner
controlled substances license for Illinois.
(Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09;
96-268, eff. 8-11-09; revised 9-4-09.)
Section 610. The Prevention of Tobacco Use by Minors Act
(as amended by P.A. 96-179)/Sale and Distribution of Tobacco
Products Act (as amended by P.A. 96-446) is amended by changing
the title of the Act and Sections 0.01 and 1 as follows:
(720 ILCS 675/Act title)
An Act to prohibit minors from buying, selling, or
possessing tobacco in any of its forms, to prohibit selling,
giving or furnishing tobacco, in any of its forms, to minors,
and to prohibit the distribution of tobacco samples and
providing penalties therefor.

SB3733 Enrolled - 1746 - LRB096 19592 AMC 34984 b
(720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
Sec. 0.01. Short title. This Act may be cited as the
Prevention of Tobacco Use by Minors and Sale and Distribution
of Tobacco Products Act.
(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
revised 10-8-09.)
(720 ILCS 675/1) (from Ch. 23, par. 2357)
Sec. 1. Prohibition on sale to and possession of tobacco by
minors; prohibition on the distribution of tobacco samples to
any person; use of identification cards; vending machines;
lunch wagons; out-of-package sales.
(a) No minor under 18 years of age shall buy any tobacco
product. No person shall sell, buy for, distribute samples of
or furnish any tobacco product to any minor under 18 years of
age.
(a-5) No minor under 16 years of age may sell any tobacco
product at a retail establishment selling tobacco products.
This subsection does not apply to a sales clerk in a
family-owned business which can prove that the sales clerk is
in fact a son or daughter of the owner.
(a-6) No minor under 18 years of age in the furtherance or
facilitation of obtaining any tobacco product shall display or
use a false or forged identification card or transfer, alter,
or deface an identification card.

SB3733 Enrolled - 1747 - LRB096 19592 AMC 34984 b
(a-7) No minor under 18 years of age shall possess any
cigar, cigarette, smokeless tobacco, or tobacco in any of its
forms.
(a-8) (a-7) A person shall not distribute without charge
samples of any tobacco product to any other person, regardless
of age:
(1) within a retail establishment selling tobacco
products, unless the retailer has verified the purchaser's
age with a government issued identification;
(2) from a lunch wagon; or
(3) on a public way as a promotion or advertisement of
a tobacco manufacturer or tobacco product.
This subsection (a-8) (a-7) does not apply to the
distribution of a tobacco product sample in any adult-only
facility.
(a-9) For the purpose of this Section:
"Adult-only facility means a facility or restricted
area (whether open-air or enclosed) where the operator
ensures or has a reasonable basis to believe (such as by
checking identification as required under State law, or by
checking the identification of any person appearing to be
under the age of 27) that no person under legal age is
present. A facility or restricted area need not be
permanently restricted to persons under legal age to
constitute an adult-only facility, provided that the
operator ensures or has a reasonable basis to believe that

SB3733 Enrolled - 1748 - LRB096 19592 AMC 34984 b
no person under legal age is present during the event or
time period in question.
"Lunch wagon" means a mobile vehicle designed and
constructed to transport food and from which food is sold
to the general public.
"Smokeless tobacco" means any tobacco products that
are suitable for dipping or chewing.
"Tobacco product" means any cigar, cigarette,
smokeless tobacco, or tobacco in any of its forms.
(b) Tobacco products listed in this Section may be sold
through a vending machine only if such tobacco products are not
placed together with any non-tobacco product, other than
matches, in the vending machine and the vending machine is in
any of the following locations:
(1) (Blank).
(2) Places to which minors under 18 years of age are
not permitted access.
(3) Places where alcoholic beverages are sold and
consumed on the premises and vending machine operation is
under the direct supervision of the owner or manager.
(4) (Blank).
(5) Places where the vending machine can only be
operated by the owner or an employee over age 18 either
directly or through a remote control device if the device
is inaccessible to all customers.
(c) (Blank).

SB3733 Enrolled - 1749 - LRB096 19592 AMC 34984 b
(d) The sale or distribution by any person of a tobacco
product in this Section, including but not limited to a single
or loose cigarette, that is not contained within a sealed
container, pack, or package as provided by the manufacturer,
which container, pack, or package bears the health warning
required by federal law, is prohibited.
(e) It is not a violation of this Act for a person under 18
years of age to purchase or possess a cigar, cigarette,
smokeless tobacco or tobacco in any of its forms if the person
under the age of 18 purchases or is given the cigar, cigarette,
smokeless tobacco or tobacco in any of its forms from a retail
seller of tobacco products or an employee of the retail seller
pursuant to a plan or action to investigate, patrol, or
otherwise conduct a "sting operation" or enforcement action
against a retail seller of tobacco products or a person
employed by the retail seller of tobacco products or on any
premises authorized to sell tobacco products to determine if
tobacco products are being sold or given to persons under 18
years of age if the "sting operation" or enforcement action is
approved by the Department of State Police, the county sheriff,
a municipal police department, the Department of Public Health,
or a local health department.
(Source: P.A. 95-905, eff. 1-1-09; 96-179, eff. 8-10-09;
96-446, eff. 1-1-10; revised 10-19-09.)
Section 615. The Display of Tobacco Products Act is amended

SB3733 Enrolled - 1750 - LRB096 19592 AMC 34984 b
by changing Section 15 as follows:
(720 ILCS 677/15)
Sec. 15. Vending machines. This Act does not prohibit the
sale of tobacco products from vending machines if the location
of the vending machines are in compliance with the provisions
of Section 1 of the Prevention of Tobacco Use by Minors and
Sale and Distribution of Tobacco Products Act.
(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
revised 10-19-09.)
Section 620. The Unified Code of Corrections is amended by
changing Sections 3-1-2, 3-3-2.1, 3-3-7, 5-4-3, 5-4.5-15,
5-4.5-100, 5-5-3.2, 5-6-1, 5-6-3, 5-6-3.1, 5-8-1, 5-8-4,
5-8-8, and 5-9-1.1-5 and by setting forth and renumbering
multiple versions of Section 5-9-1.17 as follows:
(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
Sec. 3-1-2. Definitions.
(a) "Chief Administrative Officer" means the person
designated by the Director to exercise the powers and duties of
the Department of Corrections in regard to committed persons
within a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
(a-5) "Sex offense" for the purposes of paragraph (16) of
subsection (a) of Section 3-3-7, paragraph (10) of subsection

SB3733 Enrolled - 1751 - LRB096 19592 AMC 34984 b
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
Section 5-6-3.1 only means:
(i) A violation of any of the following Sections of the
Criminal Code of 1961: 10-7 (aiding or abetting child
abduction under Section 10-5(b)(10)), 10-5(b)(10) (child
luring), 11-6 (indecent solicitation of a child), 11-6.5
(indecent solicitation of an adult), 11-15.1 (soliciting
for a juvenile prostitute), 11-17.1 (keeping a place of
juvenile prostitution), 11-18.1 (patronizing a juvenile
prostitute), 11-19.1 (juvenile pimping), 11-19.2
(exploitation of a child), 11-20.1 (child pornography),
12-14.1 (predatory criminal sexual assault of a child), or
12-33 (ritualized abuse of a child). An attempt to commit
any of these offenses.
(ii) A violation of any of the following Sections of
the Criminal Code of 1961: 12-13 (criminal sexual assault),
12-14 (aggravated criminal sexual assault), 12-16
(aggravated criminal sexual abuse), and subsection (a) of
Section 12-15 (criminal sexual abuse). An attempt to commit
any of these offenses.
(iii) A violation of any of the following Sections of
the Criminal Code of 1961 when the defendant is not a
parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),

SB3733 Enrolled - 1752 - LRB096 19592 AMC 34984 b
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
subsection (a-5).
An offense violating federal law or the law of another
state that is substantially equivalent to any offense listed in
this subsection (a-5) shall constitute a sex offense for the
purpose of this subsection (a-5). A finding or adjudication as
a sexually dangerous person under any federal law or law of
another state that is substantially equivalent to the Sexually
Dangerous Persons Act shall constitute an adjudication for a
sex offense for the purposes of this subsection (a-5).
(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed Person" is a person committed to the
Department, however a committed person shall not be considered
to be an employee of the Department of Corrections for any
purpose, including eligibility for a pension, benefits, or any
other compensation or rights or privileges which may be
provided to employees of the Department.
(c-5) "Computer scrub software" means any third-party
added software, designed to delete information from the
computer unit, the hard drive, or other software, which would
eliminate and prevent discovery of browser activity, including

SB3733 Enrolled - 1753 - LRB096 19592 AMC 34984 b
but not limited to Internet history, address bar or bars, cache
or caches, and/or cookies, and which would over-write files in
a way so as to make previous computer activity, including but
not limited to website access, more difficult to discover.
(d) "Correctional Institution or Facility" means any
building or part of a building where committed persons are kept
in a secured manner.
(e) In the case of functions performed before the effective
date of this amendatory Act of the 94th General Assembly,
"Department" means the Department of Corrections of this State.
In the case of functions performed on or after the effective
date of this amendatory Act of the 94th General Assembly,
"Department" has the meaning ascribed to it in subsection
(f-5).
(f) In the case of functions performed before the effective
date of this amendatory Act of the 94th General Assembly,
"Director" means the Director of the Department of Corrections.
In the case of functions performed on or after the effective
date of this amendatory Act of the 94th General Assembly,
"Director" has the meaning ascribed to it in subsection (f-5).
(f-5) In the case of functions performed on or after the
effective date of this amendatory Act of the 94th General
Assembly, references to "Department" or "Director" refer to
either the Department of Corrections or the Director of
Corrections or to the Department of Juvenile Justice or the
Director of Juvenile Justice unless the context is specific to

SB3733 Enrolled - 1754 - LRB096 19592 AMC 34984 b
the Department of Juvenile Justice or the Director of Juvenile
Justice.
(g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
(h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property
within the institutions and facilities of the Department and
their enforcement.
(i) "Escape" means the intentional and unauthorized
absence of a committed person from the custody of the
Department.
(j) "Furlough" means an authorized leave of absence from
the Department of Corrections for a designated purpose and
period of time.
(k) "Parole" means the conditional and revocable release of
a committed person under the supervision of a parole officer.
(l) "Prisoner Review Board" means the Board established in
Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain
prisoners alleged to have violated Department rules with
respect to good time credits, to set release dates for certain
prisoners sentenced under the law in effect prior to the
effective date of this Amendatory Act of 1977, to hear requests
and make recommendations to the Governor with respect to
pardon, reprieve or commutation, to set conditions for parole

SB3733 Enrolled - 1755 - LRB096 19592 AMC 34984 b
and mandatory supervised release and determine whether
violations of those conditions justify revocation of parole or
release, and to assume all other functions previously exercised
by the Illinois Parole and Pardon Board.
(m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections, such
term may be construed by the Department or Court, within its
discretion, to include treatment, service or counseling by a
Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Act.
(n) "Victim" shall have the meaning ascribed to it in
subsection (a) of Section 3 of the Bill of Rights for Victims
and Witnesses of Violent Crime Act.
(Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10; revised
10-9-09.)
(730 ILCS 5/3-3-2.1) (from Ch. 38, par. 1003-3-2.1)
Sec. 3-3-2.1. Prisoner Review Board - Release Date.
(a) Except as provided in subsection (b), the Prisoner
Review Board shall, no later than 7 days following a prisoner's
next parole hearing after the effective date of this Amendatory
Act of 1977, provide each prisoner sentenced under the law in
effect prior to the effective date of this amendatory Act of
1977, with a fixed release date.
(b) No release date under this Section shall be set for any

SB3733 Enrolled - 1756 - LRB096 19592 AMC 34984 b
person sentenced to an indeterminate sentence under the law in
effect prior to the effective date of this amendatory Act of
1977 in which the minimum term of such sentence is 20 years or
more.
(c) The Prisoner Review Board shall notify each eligible
offender of his or her release date in a form substantially as
follows:
Date of Notice
"To (Name of offender):
Under a recent change in the law you are provided with this
choice:
(1) You may remain under your present indeterminate
sentence and continue to be eligible for parole; or (2) you may
waive your right to parole and accept the release date which
has been set for you. From this release date will be deducted
any good conduct credit you may earn.
If you accept the release date established by the Board,
you will no longer be eligible for parole.
Your release date from prison has been set for: (release
date) ........ , subject to a term of mandatory supervised
release as provided by law.
If you accumulate the maximum amount of good conduct credit
as allowed by law recently enacted, you can be released on:
........ , subject to a term of mandatory supervised release as
provided by law.
Should you choose not to accept the release date, your next

SB3733 Enrolled - 1757 - LRB096 19592 AMC 34984 b
parole hearing will be: ........ .
The Board has based its determination of your release date
on the following:
(1) The material that normally would be examined in
connection with your parole hearing, as set forth in
paragraph (d) of Section 3-3-4 of the Unified Code of
Corrections:
(2) the intent of the court in imposing sentence on
you;
(3) the present schedule of sentences for similar
offenses provided by Articles 4.5 and 5 of Chapter V of the
Unified Code of Corrections, as amended;
(4) the factors in mitigation and aggravation provided
by Sections 5-5-3.1 and 5-5-3.2 of the Unified Code of
Corrections, as amended;
(5) The rate of accumulating good conduct credits
provided by Section 3-6-3 of the Unified Code of
Corrections, as amended;
(6) your behavior since commitment.
You now have 60 days in which to decide whether to remain
under your indeterminate sentence and continue to be eligible
for parole or waive your right to parole and accept the release
date established for you by the Board. If you do nothing within
60 days, you will remain under the parole system.
If you accept the release date, you may accumulate good
conduct credit at the maximum rate provided under the law

SB3733 Enrolled - 1758 - LRB096 19592 AMC 34984 b
recently enacted.
If you feel that the release date set for you is unfair or
is not based on complete information required to be considered
by the Board, you may request that the Board reconsider the
date. In your request you must set forth specific reasons why
you feel the Board's release date is unfair and you may submit
relevant material in support of your request.
The Department of Corrections is obligated to assist you in
that effort, if you ask it to do so.
The Board will notify you within 60 days whether or not it
will reconsider its decision. The Board's decision with respect
to reconsidering your release date is final and cannot be
appealed to any court.
If the Board decides not to reconsider your case you will
have 60 days in which to decide whether to accept the release
date and waive your right to parole or to continue under the
parole system. If you do nothing within 60 days after you
receive notification of the Board's decision you will remain
under the parole system.
If the Board decides to reconsider its decision with
respect to your release date, the Board will schedule a date
for reconsideration as soon as practicable, but no later than
60 days from the date it receives your request, and give you at
least 30 days notice. You may submit material to the Board
which you believe will be helpful in deciding a proper date for
your release. The Department of Corrections is obligated to

SB3733 Enrolled - 1759 - LRB096 19592 AMC 34984 b
assist you in that effort, if you ask it to do so.
Neither you nor your lawyer has the right to be present on
the date of reconsideration, nor the right to call witnesses.
However, the Board may ask you or your lawyer to appear or may
ask to hear witnesses. The Board will base its determination on
the same data on which it made its earlier determination, plus
any new information which may be available to it.
When the Board has made its decision you will be informed
of the release date. In no event will it be longer than the
release date originally determined. From this date you may
continue to accumulate good conduct credits at the maximum
rate. You will not be able to appeal the Board's decision to a
court.
Following the Board's reconsideration and upon being
notified of your release date you will have 60 days in which to
decide whether to accept the release date and waive your right
to parole or to continue under the parole system. If you do
nothing within 60 days after notification of the Board's
decision you will remain under the parole system."
(d) The Board shall provide each eligible offender with a
form substantially as follows:
"I (name of offender) am fully aware of my right to choose
between parole eligibility and a fixed release date. I know
that if I accept the release date established, I will give up
my right to seek parole. I have read and understood the
Prisoner Review Board's letter, and I know how and under what

SB3733 Enrolled - 1760 - LRB096 19592 AMC 34984 b
circumstances the Board has set my release date. I know that I
will be released on that date and will be released earlier if I
accumulate good conduct credit. I know that the date set by the
Board is final, and can't be appealed to a court.
Fully aware of all the implications, I expressly and
knowingly waive my right to seek parole and accept the release
date as established by the Prisoner Review Board."
(e) The Board shall use the following information and
standards in establishing a release date for each eligible
offender who requests that a date be set:
(1) Such information as would be considered in a parole
hearing under Section 3-3-4 of this Code;
(2) The intent of the court in imposing the offender's
sentence;
(3) The present schedule for similar offenses provided
by Articles 4.5 and 5 of Chapter V of this Code;
(4) Factors in aggravation and mitigation of sentence
as provided in Sections 5-5-3.1 and 5-5-3.2 of this Code;
(5) The rate of accumulating good conduct credits
provided by Section 3-6-3 of this Code;
(6) The offender's behavior since commitment to the
Department.
(f) After the release date is set by the Board, the
offender can accumulate good conduct credits in accordance with
Section 3-6-3 of this Code.
(g) The release date established by the Board shall not be

SB3733 Enrolled - 1761 - LRB096 19592 AMC 34984 b
sooner than the earliest date that the offender would have been
eligible for release under the sentence imposed on him by the
court, less time credit previously earned for good behavior,
nor shall it be later than the latest date at which the
offender would have been eligible for release under such
sentence, less time credit previously earned for good behavior.
(h) (1) Except as provided in subsection (b), each prisoner
appearing at his next parole hearing subsequent to the
effective date of the amendatory Act of 1977, shall be notified
within 7 days of the hearing that he will either be released on
parole or that a release date has been set by the Board. The
notice and waiver form provided for in subsections (c) and (d)
shall be presented to eligible prisoners no later than 7 days
following their parole hearing. A written statement of the
basis for the decision with regard to the release date set
shall be given to such prisoners no later than 14 days
following the parole hearing.
(2) Each prisoner upon notification of his release date
shall have 60 days to choose whether to remain under the parole
system or to accept the release date established by the Board.
No release date shall be effective unless the prisoner waives
his right to parole in writing. If no choice is made by such
prisoner within 60 days from the date of his notification of a
release date, such prisoner shall remain under the parole
system.
(3) Within the 60 day period as provided in paragraph (2)

SB3733 Enrolled - 1762 - LRB096 19592 AMC 34984 b
of this subsection, a prisoner may request that the Board
reconsider its decision with regard to such prisoner's release
date. No later than 60 days following receipt of such request
for reconsideration, the Board shall notify the prisoner as to
whether or not it will reconsider such prisoner's release date.
No court shall have jurisdiction to review the Board's
decision. No prisoner shall be entitled to more than one
request for reconsideration of his release date.
(A) If the Board decides not to reconsider the release
date, the prisoner shall have 60 days to choose whether to
remain under the parole system or to accept the release
date established by the Board. No release date shall be
effective unless the prisoner waives his right to parole in
writing. If no choice is made by such prisoner within 60
days from the date of the notification by the Board
refusing to reconsider his release date, such prisoner
shall remain under the parole system.
(B) If the Board decides to reconsider its decision
with respect to such release date, the Board shall schedule
a date for reconsideration as soon as practicable, but no
later than 60 days from the date of the prisoner's request,
and give such prisoner at least 30 days notice. Such
prisoner may submit any relevant material to the Board
which would aid in ascertaining a proper release date. The
Department of Corrections shall assist any such prisoner if
asked to do so.

SB3733 Enrolled - 1763 - LRB096 19592 AMC 34984 b
Neither the prisoner nor his lawyer has the right to be
present on the date of reconsideration, nor the right to
call witnesses. However, the Board may ask such prisoner or
his or her lawyer to appear or may ask to hear witnesses.
The Board shall base its determination on the factors
specified in subsection (e), plus any new information which
may be available to it.
(C) When the Board has made its decision, the prisoner
shall be informed of the release date as provided for in
subsection (c) no later than 7 days following the
reconsideration. In no event shall such release date be
longer than the release date originally determined. The
decision of the Board is final. No court shall have
jurisdiction to review the Board's decision.
Following the Board's reconsideration and its notification
to the prisoner of his or her release date, such prisoner shall
have 60 days from the date of such notice in which to decide
whether to accept the release date and waive his or her right
to parole or to continue under the parole system. If such
prisoner does nothing within 60 days after notification of the
Board's decision, he or she shall remain under the parole
system.
(Source: P.A. 95-1052, eff. 7-1-09; revised 11-4-09.)
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of Parole or Mandatory Supervised

SB3733 Enrolled - 1764 - LRB096 19592 AMC 34984 b
Release.
(a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems
necessary to assist the subject in leading a law-abiding life.
The conditions of every parole and mandatory supervised release
are that the subject:
(1) not violate any criminal statute of any
jurisdiction during the parole or release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department of
Corrections;
(4) permit the agent to visit him or her at his or her
home, employment, or elsewhere to the extent necessary for
the agent to discharge his or her duties;
(5) attend or reside in a facility established for the
instruction or residence of persons on parole or mandatory
supervised release;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
facility;
(7) report all arrests to an agent of the Department of
Corrections as soon as permitted by the arresting authority
but in no event later than 24 hours after release from
custody;
(7.5) if convicted of a sex offense as defined in the

SB3733 Enrolled - 1765 - LRB096 19592 AMC 34984 b
Sex Offender Management Board Act, the individual shall
undergo and successfully complete sex offender treatment
conducted in conformance with the standards developed by
the Sex Offender Management Board Act by a treatment
provider approved by the Board;
(7.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing at
the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed medical
facility;
(7.7) if convicted for an offense that would qualify
the accused as a sexual predator under the Sex Offender
Registration Act on or after the effective date of this
amendatory Act of the 94th General Assembly, wear an
approved electronic monitoring device as defined in
Section 5-8A-2 for the duration of the person's parole,
mandatory supervised release term, or extended mandatory

SB3733 Enrolled - 1766 - LRB096 19592 AMC 34984 b
supervised release term and if convicted for an offense of
criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child,
criminal sexual abuse, aggravated criminal sexual abuse,
or ritualized abuse of a child committed on or after August
11, 2009 (the effective date of Public Act 96-236) this
amendatory Act of the 96th General Assembly when the victim
was under 18 years of age at the time of the commission of
the offense and the defendant used force or the threat of
force in the commission of the offense wear an approved
electronic monitoring device as defined in Section 5-8A-2
that has Global Positioning System (GPS) capability for the
duration of the person's parole, mandatory supervised
release term, or extended mandatory supervised release
term;
(7.8) if convicted for an offense committed on or after
the effective date of this amendatory Act of the 95th
General Assembly that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961, refrain from communicating with or
contacting, by means of the Internet, a person who is not
related to the accused and whom the accused reasonably
believes to be under 18 years of age; for purposes of this
paragraph (7.8), "Internet" has the meaning ascribed to it
in Section 16J-5 of the Criminal Code of 1961; and a person
is not related to the accused if the person is not: (i) the

SB3733 Enrolled - 1767 - LRB096 19592 AMC 34984 b
spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(7.9) if convicted under Section 11-6, 11-20.1,
11-20.3, or 11-21 of the Criminal Code of 1961, consent to
search of computers, PDAs, cellular phones, and other
devices under his or her control that are capable of
accessing the Internet or storing electronic files, in
order to confirm Internet protocol addresses reported in
accordance with the Sex Offender Registration Act and
compliance with conditions in this Act;
(7.10) if convicted for an offense that would qualify
the accused as a sex offender or sexual predator under the
Sex Offender Registration Act on or after the effective
date of this amendatory Act of the 95th General Assembly,
not possess prescription drugs for erectile dysfunction;
(7.11) if convicted for an offense under Section 11-6,
11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
Code of 1961, or any attempt to commit any of these
offenses, committed on or after June 1, 2009 (the effective
date of Public Act 95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations

SB3733 Enrolled - 1768 - LRB096 19592 AMC 34984 b
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, a law enforcement officer, or assigned computer
or information technology specialist, including the
retrieval and copying of all data from the computer or
device and any internal or external peripherals and
removal of such information, equipment, or device to
conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent;
(7.12) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262) this
amendatory Act of the 96th General Assembly, refrain from
accessing or using a social networking website as defined
in Section 16D-2 of the Criminal Code of 1961;
(7.13) (7.12) if convicted of a sex offense as defined
in Section 2 of the Sex Offender Registration Act committed
on or after January 1, 2010 (the effective date of Public

SB3733 Enrolled - 1769 - LRB096 19592 AMC 34984 b
Act 96-362) this amendatory Act of the 96th General
Assembly that requires the person to register as a sex
offender under that Act, may not knowingly use any computer
scrub software on any computer that the sex offender uses;
(8) obtain permission of an agent of the Department of
Corrections before leaving the State of Illinois;
(9) obtain permission of an agent of the Department of
Corrections before changing his or her residence or
employment;
(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics or
other controlled substances in any form, or both, or any
paraphernalia related to those substances and submit to a
urinalysis test as instructed by a parole agent of the
Department of Corrections;
(12) not frequent places where controlled substances
are illegally sold, used, distributed, or administered;
(13) not knowingly associate with other persons on
parole or mandatory supervised release without prior
written permission of his or her parole agent and not
associate with persons who are members of an organized gang
as that term is defined in the Illinois Streetgang
Terrorism Omnibus Prevention Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on

SB3733 Enrolled - 1770 - LRB096 19592 AMC 34984 b
parole or mandatory supervised release or to his or her
conduct while incarcerated, in response to inquiries by his
or her parole agent or of the Department of Corrections;
(15) follow any specific instructions provided by the
parole agent that are consistent with furthering
conditions set and approved by the Prisoner Review Board or
by law, exclusive of placement on electronic detention, to
achieve the goals and objectives of his or her parole or
mandatory supervised release or to protect the public.
These instructions by the parole agent may be modified at
any time, as the agent deems appropriate;
(16) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial minors
are present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter; and
(17) if convicted of a violation of an order of
protection under Section 12-30 of the Criminal Code of
1961, be placed under electronic surveillance as provided
in Section 5-8A-7 of this Code.
(b) The Board may in addition to other conditions require

SB3733 Enrolled - 1771 - LRB096 19592 AMC 34984 b
that the subject:
(1) work or pursue a course of study or vocational
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or parole;
(4) support his dependents;
(5) (blank);
(6) (blank);
(7) comply with the terms and conditions of an order of
protection issued pursuant to the Illinois Domestic
Violence Act of 1986, enacted by the 84th General Assembly,
or an order of protection issued by the court of another
state, tribe, or United States territory;
(7.5) if convicted for an offense committed on or after
the effective date of this amendatory Act of the 95th
General Assembly that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961, refrain from communicating with or
contacting, by means of the Internet, a person who is
related to the accused and whom the accused reasonably
believes to be under 18 years of age; for purposes of this
paragraph (7.5), "Internet" has the meaning ascribed to it
in Section 16J-5 of the Criminal Code of 1961; and a person
is related to the accused if the person is: (i) the spouse,

SB3733 Enrolled - 1772 - LRB096 19592 AMC 34984 b
brother, or sister of the accused; (ii) a descendant of the
accused; (iii) a first or second cousin of the accused; or
(iv) a step-child or adopted child of the accused;
(7.6) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983) that
would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, a law enforcement officer, or assigned computer
or information technology specialist, including the
retrieval and copying of all data from the computer or
device and any internal or external peripherals and
removal of such information, equipment, or device to
conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability

SB3733 Enrolled - 1773 - LRB096 19592 AMC 34984 b
imposed by the Board, the Department or the offender's
supervising agent; and
(8) in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his own support at home or in a
foster home.
(b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
Registration Act;
(3) notify third parties of the risks that may be
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
of Corrections prior to accepting employment or pursuing a
course of study or vocational training and notify the
Department prior to any change in employment, study, or
training;
(5) not be employed or participate in any volunteer

SB3733 Enrolled - 1774 - LRB096 19592 AMC 34984 b
activity that involves contact with children, except under
circumstances approved in advance and in writing by an
agent of the Department of Corrections;
(6) be electronically monitored for a minimum of 12
months from the date of release as determined by the Board;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of
the Department of Corrections. The terms may include
consideration of the purpose of the entry, the time of day,
and others accompanying the person;
(8) refrain from having any contact, including written
or oral communications, directly or indirectly, personally
or by telephone, letter, or through a third party with
certain specified persons including, but not limited to,
the victim or the victim's family without the prior written
approval of an agent of the Department of Corrections;
(9) refrain from all contact, directly or indirectly,
personally, by telephone, letter, or through a third party,
with minor children without prior identification and
approval of an agent of the Department of Corrections;
(10) neither possess or have under his or her control
any material that is sexually oriented, sexually
stimulating, or that shows male or female sex organs or any
pictures depicting children under 18 years of age nude or
any written or audio material describing sexual
intercourse or that depicts or alludes to sexual activity,

SB3733 Enrolled - 1775 - LRB096 19592 AMC 34984 b
including but not limited to visual, auditory, telephonic,
or electronic media, or any matter obtained through access
to any computer or material linked to computer access use;
(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers;
(12) not reside near, visit, or be in or about parks,
schools, day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department of Corrections and immediately report any
incidental contact with minor children to the Department;
(13) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending as determined by an agent
of the Department of Corrections;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department of
Corrections;
(15) comply with all other special conditions that the
Department may impose that restrict the person from
high-risk situations and limit access to potential
victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole officer

SB3733 Enrolled - 1776 - LRB096 19592 AMC 34984 b
before driving alone in a motor vehicle.
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to the
person in writing prior to his release, and he shall sign the
same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been
issued by the criminal court, shall be retained by the person
and another copy forwarded to the officer in charge of his
supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of such
optional services upon their release on a voluntary basis.
(f) When the subject is in compliance with all conditions
of his or her parole or mandatory supervised release, the
subject shall receive a reduction of the period of his or her
parole or mandatory supervised release of 90 days upon passage
of the high school level Test of General Educational
Development during the period of his or her parole or mandatory
supervised release. This reduction in the period of a subject's
term of parole or mandatory supervised release shall be
available only to subjects who have not previously earned a
high school diploma or who have not previously passed the high

SB3733 Enrolled - 1777 - LRB096 19592 AMC 34984 b
school level Test of General Educational Development.
(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,
eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
revised 9-25-09.)
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
Sec. 5-4-3. Persons convicted of, or found delinquent for,
certain offenses or institutionalized as sexually dangerous;
specimens; genetic marker groups.
(a) Any person convicted of, found guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt of a
qualifying offense, convicted or found guilty of any offense
classified as a felony under Illinois law, convicted or found
guilty of any offense requiring registration under the Sex
Offender Registration Act, found guilty or given supervision
for any offense classified as a felony under the Juvenile Court
Act of 1987, convicted or found guilty of, under the Juvenile
Court Act of 1987, any offense requiring registration under the
Sex Offender Registration Act, or institutionalized as a
sexually dangerous person under the Sexually Dangerous Persons
Act, or committed as a sexually violent person under the
Sexually Violent Persons Commitment Act shall, regardless of
the sentence or disposition imposed, be required to submit

SB3733 Enrolled - 1778 - LRB096 19592 AMC 34984 b
specimens of blood, saliva, or tissue to the Illinois
Department of State Police in accordance with the provisions of
this Section, provided such person is:
(1) convicted of a qualifying offense or attempt of a
qualifying offense on or after July 1, 1990 and sentenced
to a term of imprisonment, periodic imprisonment, fine,
probation, conditional discharge or any other form of
sentence, or given a disposition of court supervision for
the offense;
(1.5) found guilty or given supervision under the
Juvenile Court Act of 1987 for a qualifying offense or
attempt of a qualifying offense on or after January 1,
1997;
(2) ordered institutionalized as a sexually dangerous
person on or after July 1, 1990;
(3) convicted of a qualifying offense or attempt of a
qualifying offense before July 1, 1990 and is presently
confined as a result of such conviction in any State
correctional facility or county jail or is presently
serving a sentence of probation, conditional discharge or
periodic imprisonment as a result of such conviction;
(3.5) convicted or found guilty of any offense
classified as a felony under Illinois law or found guilty
or given supervision for such an offense under the Juvenile
Court Act of 1987 on or after August 22, 2002;
(4) presently institutionalized as a sexually

SB3733 Enrolled - 1779 - LRB096 19592 AMC 34984 b
dangerous person or presently institutionalized as a
person found guilty but mentally ill of a sexual offense or
attempt to commit a sexual offense;
(4.5) ordered committed as a sexually violent person on
or after the effective date of the Sexually Violent Persons
Commitment Act; or
(5) seeking transfer to or residency in Illinois under
Sections 3-3-11.05 through 3-3-11.5 of the Unified Code of
Corrections and the Interstate Compact for Adult Offender
Supervision or the Interstate Agreements on Sexually
Dangerous Persons Act.
Notwithstanding other provisions of this Section, any
person incarcerated in a facility of the Illinois Department of
Corrections or the Illinois Department of Juvenile Justice on
or after August 22, 2002, whether for a term of years, natural
life, or a sentence of death, who has not yet submitted a
sample of blood, saliva, or tissue shall be required to submit
a specimen of blood, saliva, or tissue prior to his or her
final discharge, or release on parole or mandatory supervised
release, as a condition of his or her parole or mandatory
supervised release, or within 6 months from August 13, 2009
(the effective date of Public Act 96-426) the effective date of
this amendatory Act of the 96th General Assembly, whichever is
sooner. A person Persons incarcerated on or after August 13,
2009 (the effective date of Public Act 96-426) the effective
date of this amendatory Act of the 96th General Assembly shall

SB3733 Enrolled - 1780 - LRB096 19592 AMC 34984 b
be required to submit a sample within 45 days of incarceration,
or prior to his or her final discharge, or release on parole or
mandatory supervised release, as a condition of his or her
parole or mandatory supervised release, whichever is sooner.
These specimens shall be placed into the State or national DNA
database, to be used in accordance with other provisions of
this Section, by the Illinois State Police.
Notwithstanding other provisions of this Section, any
person sentenced to life imprisonment in a facility of the
Illinois Department of Corrections after the effective date of
this amendatory Act of the 94th General Assembly or sentenced
to death after the effective date of this amendatory Act of the
94th General Assembly shall be required to provide a specimen
of blood, saliva, or tissue within 45 days after sentencing or
disposition at a collection site designated by the Illinois
Department of State Police. Any person serving a sentence of
life imprisonment in a facility of the Illinois Department of
Corrections on the effective date of this amendatory Act of the
94th General Assembly or any person who is under a sentence of
death on the effective date of this amendatory Act of the 94th
General Assembly shall be required to provide a specimen of
blood, saliva, or tissue upon request at a collection site
designated by the Illinois Department of State Police.
(a-5) Any person who was otherwise convicted of or received
a disposition of court supervision for any other offense under
the Criminal Code of 1961 or who was found guilty or given

SB3733 Enrolled - 1781 - LRB096 19592 AMC 34984 b
supervision for such a violation under the Juvenile Court Act
of 1987, may, regardless of the sentence imposed, be required
by an order of the court to submit specimens of blood, saliva,
or tissue to the Illinois Department of State Police in
accordance with the provisions of this Section.
(b) Any person required by paragraphs (a)(1), (a)(1.5),
(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
saliva, or tissue shall provide specimens of blood, saliva, or
tissue within 45 days after sentencing or disposition at a
collection site designated by the Illinois Department of State
Police.
(c) Any person required by paragraphs (a)(3), (a)(4), and
(a)(4.5) to provide specimens of blood, saliva, or tissue shall
be required to provide such samples prior to final discharge or
within 6 months from August 13, 2009 (the effective date of
Public Act 96-426) the effective date of this amendatory Act of
the 96th General Assembly, whichever is sooner. These specimens
shall be placed into the State or national DNA database, to be
used in accordance with other provisions of this Act, by the
Illinois State Police.
(c-5) Any person required by paragraph (a)(5) to provide
specimens of blood, saliva, or tissue shall, where feasible, be
required to provide the specimens before being accepted for
conditioned residency in Illinois under the interstate compact
or agreement, but no later than 45 days after arrival in this
State.

SB3733 Enrolled - 1782 - LRB096 19592 AMC 34984 b
(c-6) The Illinois Department of State Police may determine
which type of specimen or specimens, blood, saliva, or tissue,
is acceptable for submission to the Division of Forensic
Services for analysis.
(d) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
blood samples. The collection of samples shall be performed in
a medically approved manner. Only a physician authorized to
practice medicine, a registered nurse or other qualified person
trained in venipuncture may withdraw blood for the purposes of
this Act. The samples shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-1) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
saliva samples. The collection of saliva samples shall be
performed in a medically approved manner. Only a person trained
in the instructions promulgated by the Illinois State Police on
collecting saliva may collect saliva for the purposes of this
Section. The samples shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-2) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of

SB3733 Enrolled - 1783 - LRB096 19592 AMC 34984 b
tissue samples. The collection of tissue samples shall be
performed in a medically approved manner. Only a person trained
in the instructions promulgated by the Illinois State Police on
collecting tissue may collect tissue for the purposes of this
Section. The samples shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-5) To the extent that funds are available, the Illinois
Department of State Police shall contract with qualified
personnel and certified laboratories for the collection,
analysis, and categorization of known samples, except as
provided in subsection (n) of this Section.
(d-6) Agencies designated by the Illinois Department of
State Police and the Illinois Department of State Police may
contract with third parties to provide for the collection or
analysis of DNA, or both, of an offender's blood, saliva, and
tissue samples, except as provided in subsection (n) of this
Section.
(e) The genetic marker groupings shall be maintained by the
Illinois Department of State Police, Division of Forensic
Services.
(f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of the

SB3733 Enrolled - 1784 - LRB096 19592 AMC 34984 b
United States, of foreign countries duly authorized to receive
the same, to all peace officers of the State of Illinois and to
all prosecutorial agencies, and to defense counsel as provided
by Section 116-5 of the Code of Criminal Procedure of 1963. The
genetic marker grouping analysis information obtained pursuant
to this Act shall be used only for (i) valid law enforcement
identification purposes and as required by the Federal Bureau
of Investigation for participation in the National DNA
database, (ii) technology validation purposes, (iii) a
population statistics database, (iv) quality assurance
purposes if personally identifying information is removed, (v)
assisting in the defense of the criminally accused pursuant to
Section 116-5 of the Code of Criminal Procedure of 1963, or
(vi) identifying and assisting in the prosecution of a person
who is suspected of committing a sexual assault as defined in
Section 1a of the Sexual Assault Survivors Emergency Treatment
Act. Notwithstanding any other statutory provision to the
contrary, all information obtained under this Section shall be
maintained in a single State data base, which may be uploaded
into a national database, and which information may be subject
to expungement only as set forth in subsection (f-1).
(f-1) Upon receipt of notification of a reversal of a
conviction based on actual innocence, or of the granting of a
pardon pursuant to Section 12 of Article V of the Illinois
Constitution, if that pardon document specifically states that
the reason for the pardon is the actual innocence of an

SB3733 Enrolled - 1785 - LRB096 19592 AMC 34984 b
individual whose DNA record has been stored in the State or
national DNA identification index in accordance with this
Section by the Illinois Department of State Police, the DNA
record shall be expunged from the DNA identification index, and
the Department shall by rule prescribe procedures to ensure
that the record and any samples, analyses, or other documents
relating to such record, whether in the possession of the
Department or any law enforcement or police agency, or any
forensic DNA laboratory, including any duplicates or copies
thereof, are destroyed and a letter is sent to the court
verifying the expungement is completed.
(f-5) Any person who intentionally uses genetic marker
grouping analysis information, or any other information
derived from a DNA sample, beyond the authorized uses as
provided under this Section, or any other Illinois law, is
guilty of a Class 4 felony, and shall be subject to a fine of
not less than $5,000.
(f-6) The Illinois Department of State Police may contract
with third parties for the purposes of implementing this
amendatory Act of the 93rd General Assembly, except as provided
in subsection (n) of this Section. Any other party contracting
to carry out the functions of this Section shall be subject to
the same restrictions and requirements of this Section insofar
as applicable, as the Illinois Department of State Police, and
to any additional restrictions imposed by the Illinois
Department of State Police.

SB3733 Enrolled - 1786 - LRB096 19592 AMC 34984 b
(g) For the purposes of this Section, "qualifying offense"
means any of the following:
(1) any violation or inchoate violation of Section
11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
Criminal Code of 1961;
(1.1) any violation or inchoate violation of Section
9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which
persons are convicted on or after July 1, 2001;
(2) any former statute of this State which defined a
felony sexual offense;
(3) (blank);
(4) any inchoate violation of Section 9-3.1, 11-9.3,
12-7.3, or 12-7.4 of the Criminal Code of 1961; or
(5) any violation or inchoate violation of Article 29D
of the Criminal Code of 1961.
(g-5) (Blank).
(h) The Illinois Department of State Police shall be the
State central repository for all genetic marker grouping
analysis information obtained pursuant to this Act. The
Illinois Department of State Police may promulgate rules for
the form and manner of the collection of blood, saliva, or
tissue samples and other procedures for the operation of this
Act. The provisions of the Administrative Review Law shall
apply to all actions taken under the rules so promulgated.
(i) (1) A person required to provide a blood, saliva, or

SB3733 Enrolled - 1787 - LRB096 19592 AMC 34984 b
tissue specimen shall cooperate with the collection of the
specimen and any deliberate act by that person intended to
impede, delay or stop the collection of the blood, saliva,
or tissue specimen is a Class A misdemeanor.
(2) In the event that a person's DNA sample is not
adequate for any reason, the person shall provide another
DNA sample for analysis. Duly authorized law enforcement
and corrections personnel may employ reasonable force in
cases in which an individual refuses to provide a DNA
sample required under this Act.
(j) Any person required by subsection (a) to submit
specimens of blood, saliva, or tissue to the Illinois
Department of State Police for analysis and categorization into
genetic marker grouping, in addition to any other disposition,
penalty, or fine imposed, shall pay an analysis fee of $200. If
the analysis fee is not paid at the time of sentencing, the
court shall establish a fee schedule by which the entire amount
of the analysis fee shall be paid in full, such schedule not to
exceed 24 months from the time of conviction. The inability to
pay this analysis fee shall not be the sole ground to
incarcerate the person.
(k) All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
(1) The State Offender DNA Identification System Fund
is hereby created as a special fund in the State Treasury.
(2) All fees shall be collected by the clerk of the

SB3733 Enrolled - 1788 - LRB096 19592 AMC 34984 b
court and forwarded to the State Offender DNA
Identification System Fund for deposit. The clerk of the
circuit court may retain the amount of $10 from each
collected analysis fee to offset administrative costs
incurred in carrying out the clerk's responsibilities
under this Section.
(3) Fees deposited into the State Offender DNA
Identification System Fund shall be used by Illinois State
Police crime laboratories as designated by the Director of
State Police. These funds shall be in addition to any
allocations made pursuant to existing laws and shall be
designated for the exclusive use of State crime
laboratories. These uses may include, but are not limited
to, the following:
(A) Costs incurred in providing analysis and
genetic marker categorization as required by
subsection (d).
(B) Costs incurred in maintaining genetic marker
groupings as required by subsection (e).
(C) Costs incurred in the purchase and maintenance
of equipment for use in performing analyses.
(D) Costs incurred in continuing research and
development of new techniques for analysis and genetic
marker categorization.
(E) Costs incurred in continuing education,
training, and professional development of forensic

SB3733 Enrolled - 1789 - LRB096 19592 AMC 34984 b
scientists regularly employed by these laboratories.
(l) The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, within the 45 day
period shall in no way alter the obligation of the person to
submit such specimen, or the authority of the Illinois
Department of State Police or persons designated by the
Department to collect the specimen, or the authority of the
Illinois Department of State Police to accept, analyze and
maintain the specimen or to maintain or upload results of
genetic marker grouping analysis information into a State or
national database.
(m) If any provision of this amendatory Act of the 93rd
General Assembly is held unconstitutional or otherwise
invalid, the remainder of this amendatory Act of the 93rd
General Assembly is not affected.
(n) Neither the Department of State Police, the Division of
Forensic Services, nor any laboratory of the Division of
Forensic Services may contract out forensic testing for the
purpose of an active investigation or a matter pending before a
court of competent jurisdiction without the written consent of
the prosecuting agency. For the purposes of this subsection
(n), "forensic testing" includes the analysis of physical
evidence in an investigation or other proceeding for the
prosecution of a violation of the Criminal Code of 1961 or for
matters adjudicated under the Juvenile Court Act of 1987, and
includes the use of forensic databases and databanks, including

SB3733 Enrolled - 1790 - LRB096 19592 AMC 34984 b
DNA, firearm, and fingerprint databases, and expert testimony.
(Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09;
revised 9-15-09.)
(730 ILCS 5/5-4.5-15)
Sec. 5-4.5-15. DISPOSITIONS.
(a) APPROPRIATE DISPOSITIONS. The following are
appropriate dispositions, alone or in combination, for all
felonies and misdemeanors other than as provided in Section
5-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the
statute defining the offense or elsewhere:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) A fine.
(6) Restitution to the victim.
(7) Participation in an impact incarceration program.
(8) A term of imprisonment in combination with a term
of probation when the offender has been admitted into a
drug court program.
(9) If the defendant is convicted of arson, aggravated
arson, residential arson, or place of worship arson, an
order directing the offender to reimburse the local
emergency response department for the costs of responding
to the fire that the offender was convicted of setting in

SB3733 Enrolled - 1791 - LRB096 19592 AMC 34984 b
accordance with the Emergency Services Response
Reimbursement for Criminal Convictions Act.
(b) FINE; RESTITUTION; NOT SOLE DISPOSITION. Neither a fine
nor restitution shall be the sole disposition for a felony, and
either or both may be imposed only in conjunction with another
disposition.
(c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a
term of natural life is imposed, every sentence includes a term
in addition to the term of imprisonment. For those sentenced
under the law in effect before February 1, 1978, that term is a
parole term. For those sentenced on or after February 1, 1978,
that term is a mandatory supervised release term.
(Source: P.A. 95-1052, eff. 7-1-09; incorporates P.A. 96-400,
eff. 8-13-09; revised 9-25-09.)
(730 ILCS 5/5-4.5-100)
Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.
(a) COMMENCEMENT. A sentence of imprisonment shall
commence on the date on which the offender is received by the
Department or the institution at which the sentence is to be
served.
(b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set
forth in subsection (e), the The offender shall be given credit
on the determinate sentence or maximum term and the minimum
period of imprisonment for time spent in custody as a result of
the offense for which the sentence was imposed, at the rate

SB3733 Enrolled - 1792 - LRB096 19592 AMC 34984 b
specified in Section 3-6-3 (730 ILCS 5/3-6-3). Except when
prohibited by subsection (d), the trial court may give credit
to the defendant for time spent in home detention, or when the
defendant has been confined for psychiatric or substance abuse
treatment prior to judgment, if the court finds that the
detention or confinement was custodial.
(c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender
arrested on one charge and prosecuted on another charge for
conduct that occurred prior to his or her arrest shall be given
credit on the determinate sentence or maximum term and the
minimum term of imprisonment for time spent in custody under
the former charge not credited against another sentence.
(d) NO CREDIT; SOME HOME DETENTION. An offender sentenced
to a term of imprisonment for an offense listed in paragraph
(2) of subsection (c) of Section 5-5-3 (730 ILCS 5/5-5-3) or in
paragraph (3) of subsection (c-1) of Section 11-501 of the
Illinois Vehicle Code (625 ILCS 5/11-501) shall not receive
credit for time spent in home detention prior to judgment.
(e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED
RELEASE, OR PROBATION. An offender charged with the commission
of an offense committed while on parole, mandatory supervised
release, or probation shall not be given credit for time spent
in custody under subsection (b) for that offense for any time
spent in custody as a result of a revocation of parole,
mandatory supervised release, or probation where such
revocation is based on a sentence imposed for a previous

SB3733 Enrolled - 1793 - LRB096 19592 AMC 34984 b
conviction, regardless of the facts upon which the revocation
of parole, mandatory supervised release, or probation is based,
unless both the State and the defendant agree that the time
served for a violation of mandatory supervised release, parole,
or probation shall be credited towards the sentence for the
current offense.
(Source: P.A. 95-1052, eff. 7-1-09; incorporates 96-427, eff.
8-13-09; revised 9-15-09.)
(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
(Text of Section before amendment by P.A. 96-339)
Sec. 5-5-3.2. Factors in Aggravation.
(a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency or
criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular offense
committed or to bring the offenders committing it to
justice;

SB3733 Enrolled - 1794 - LRB096 19592 AMC 34984 b
(5) the defendant held public office at the time of the
offense, and the offense related to the conduct of that
office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual; (ii)
the person or property of a person who has an association
with, is married to, or has a friendship with the other
individual; or (iii) the person or property of a relative
(by blood or marriage) of a person described in clause (i)
or (ii). For the purposes of this Section, "sexual
orientation" means heterosexuality, homosexuality, or
bisexuality;
(11) the offense took place in a place of worship or on

SB3733 Enrolled - 1795 - LRB096 19592 AMC 34984 b
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 12-12 of the Criminal Code of 1961,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
against that victim;

SB3733 Enrolled - 1796 - LRB096 19592 AMC 34984 b
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation of
one of the following Sections while in a school, regardless
of the time of day or time of year; on any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity; on
the real property of a school; or on a public way within
1,000 feet of the real property comprising any school:
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
33A-2 of the Criminal Code of 1961;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or

SB3733 Enrolled - 1797 - LRB096 19592 AMC 34984 b
33A-2 of the Criminal Code of 1961;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
1961;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home. For
the purposes of this paragraph (18), "nursing home" means a
skilled nursing or intermediate long term care facility
that is subject to license by the Illinois Department of
Public Health under the Nursing Home Care Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code of
1961 or the offense of driving under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof under Section 11-501
of the Illinois Vehicle Code or a similar provision of a

SB3733 Enrolled - 1798 - LRB096 19592 AMC 34984 b
local ordinance and (ii) was operating a motor vehicle in
excess of 20 miles per hour over the posted speed limit as
provided in Article VI of Chapter 11 of the Illinois
Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed Forces
of the United States, including a member of any reserve
component thereof or National Guard unit called to active
duty;
(23) the defendant committed the offense against a
person who was elderly, disabled, or infirm by taking
advantage of a family or fiduciary relationship with the
elderly, disabled, or infirm person; or
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 and possessed 100 or
more images; or
(25) the defendant committed the offense while the

SB3733 Enrolled - 1799 - LRB096 19592 AMC 34984 b
defendant or the victim was in a train, bus, or other
vehicle used for public transportation; or .
(26) (25) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 where a child engaged in, solicited for, depicted in,
or posed in any act of sexual penetration or bound,
fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in a sexual context and specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.3 of the Criminal Code of
1961 where a child engaged in, solicited for, depicted in,
or posed in any act of sexual penetration or bound,
fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in a sexual context.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
"Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.

SB3733 Enrolled - 1800 - LRB096 19592 AMC 34984 b
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater
class felony, when such conviction has occurred within 10
years after the previous conviction, excluding time spent
in custody, and such charges are separately brought and
tried and arise out of different series of acts; or
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person physically handicapped at the time
of the offense or such person's property; or
(4) When a defendant is convicted of any felony and the
offense involved any of the following types of specific
misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity

SB3733 Enrolled - 1801 - LRB096 19592 AMC 34984 b
of any actual or ostensible religious, fraternal, or social
group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight attached
to it. For purposes of this paragraph, "laser sight" has
the meaning ascribed to it in Section 24.6-5 of the
Criminal Code of 1961; or
(7) When a defendant who was at least 17 years of age

SB3733 Enrolled - 1802 - LRB096 19592 AMC 34984 b
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged.
(c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and the charges are separately
brought and tried and arise out of different series of
acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic

SB3733 Enrolled - 1803 - LRB096 19592 AMC 34984 b
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge of
the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 12-14.1 of the Criminal Code
of 1961 (720 ILCS 5/12-14.1).

SB3733 Enrolled - 1804 - LRB096 19592 AMC 34984 b
(5) When a defendant is convicted of a felony violation
of Section 24-1 of the Criminal Code of 1961 (720 ILCS
5/24-1) and there is a finding that the defendant is a
member of an organized gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961
(720 ILCS 5/24-1) for possessing a weapon that is not
readily distinguishable as one of the weapons enumerated in
Section 24-1 of the Criminal Code of 1961 (720 ILCS
5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties is
killed or injured at the scene of the offense while
responding to the emergency caused by the commission of the
offense. In this paragraph, "emergency" means a situation
in which a person's life, health, or safety is in jeopardy;
and "emergency response officer" means a peace officer,
community policing volunteer, fireman, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical

SB3733 Enrolled - 1805 - LRB096 19592 AMC 34984 b
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
96-328, eff. 8-11-09; revised 9-25-09.)
(Text of Section after amendment by P.A. 96-339)
Sec. 5-5-3.2. Factors in Aggravation.
(a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency or
criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular offense
committed or to bring the offenders committing it to

SB3733 Enrolled - 1806 - LRB096 19592 AMC 34984 b
justice;
(5) the defendant held public office at the time of the
offense, and the offense related to the conduct of that
office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual; (ii)
the person or property of a person who has an association
with, is married to, or has a friendship with the other
individual; or (iii) the person or property of a relative
(by blood or marriage) of a person described in clause (i)
or (ii). For the purposes of this Section, "sexual
orientation" means heterosexuality, homosexuality, or
bisexuality;

SB3733 Enrolled - 1807 - LRB096 19592 AMC 34984 b
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 12-12 of the Criminal Code of 1961,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961

SB3733 Enrolled - 1808 - LRB096 19592 AMC 34984 b
against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation of
one of the following Sections while in a school, regardless
of the time of day or time of year; on any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity; on
the real property of a school; or on a public way within
1,000 feet of the real property comprising any school:
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
33A-2 of the Criminal Code of 1961;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

SB3733 Enrolled - 1809 - LRB096 19592 AMC 34984 b
12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
33A-2 of the Criminal Code of 1961;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
1961;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home. For
the purposes of this paragraph (18), "nursing home" means a
skilled nursing or intermediate long term care facility
that is subject to license by the Illinois Department of
Public Health under the Nursing Home Care Act or the MR/DD
Community Care Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code of
1961 or the offense of driving under the influence of
alcohol, other drug or drugs, intoxicating compound or

SB3733 Enrolled - 1810 - LRB096 19592 AMC 34984 b
compounds or any combination thereof under Section 11-501
of the Illinois Vehicle Code or a similar provision of a
local ordinance and (ii) was operating a motor vehicle in
excess of 20 miles per hour over the posted speed limit as
provided in Article VI of Chapter 11 of the Illinois
Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed Forces
of the United States, including a member of any reserve
component thereof or National Guard unit called to active
duty;
(23) the defendant committed the offense against a
person who was elderly, disabled, or infirm by taking
advantage of a family or fiduciary relationship with the
elderly, disabled, or infirm person; or
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 and possessed 100 or

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more images; or
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation; or .
(26) (25) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 where a child engaged in, solicited for, depicted in,
or posed in any act of sexual penetration or bound,
fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in a sexual context and specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.3 of the Criminal Code of
1961 where a child engaged in, solicited for, depicted in,
or posed in any act of sexual penetration or bound,
fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in a sexual context.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
"Public transportation" means the transportation or

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conveyance of persons by means available to the general public,
and includes paratransit services.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater
class felony, when such conviction has occurred within 10
years after the previous conviction, excluding time spent
in custody, and such charges are separately brought and
tried and arise out of different series of acts; or
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person physically handicapped at the time
of the offense or such person's property; or
(4) When a defendant is convicted of any felony and the
offense involved any of the following types of specific

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misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or social
group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight attached
to it. For purposes of this paragraph, "laser sight" has
the meaning ascribed to it in Section 24.6-5 of the

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Criminal Code of 1961; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged.
(c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and the charges are separately
brought and tried and arise out of different series of
acts.

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(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge of
the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under

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subsection (a)(1) of Section 12-14.1 of the Criminal Code
of 1961 (720 ILCS 5/12-14.1).
(5) When a defendant is convicted of a felony violation
of Section 24-1 of the Criminal Code of 1961 (720 ILCS
5/24-1) and there is a finding that the defendant is a
member of an organized gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961
(720 ILCS 5/24-1) for possessing a weapon that is not
readily distinguishable as one of the weapons enumerated in
Section 24-1 of the Criminal Code of 1961 (720 ILCS
5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties is
killed or injured at the scene of the offense while
responding to the emergency caused by the commission of the
offense. In this paragraph, "emergency" means a situation
in which a person's life, health, or safety is in jeopardy;
and "emergency response officer" means a peace officer,
community policing volunteer, fireman, emergency medical

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technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
96-328, eff. 8-11-09; 96-339, eff. 7-1-10; revised 9-25-09.)
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
Sec. 5-6-1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision. The General Assembly
finds that in order to protect the public, the criminal justice
system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair
punishments and intermediate sanctions. The Chief Judge of each
circuit shall adopt a system of structured, intermediate
sanctions for violations of the terms and conditions of a
sentence of probation, conditional discharge or disposition of
supervision.
(a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence of

SB3733 Enrolled - 1818 - LRB096 19592 AMC 34984 b
probation or conditional discharge upon an offender unless,
having regard to the nature and circumstance of the offense,
and to the history, character and condition of the offender,
the court is of the opinion that:
(1) his imprisonment or periodic imprisonment is
necessary for the protection of the public; or
(2) probation or conditional discharge would deprecate
the seriousness of the offender's conduct and would be
inconsistent with the ends of justice; or
(3) a combination of imprisonment with concurrent or
consecutive probation when an offender has been admitted
into a drug court program under Section 20 of the Drug
Court Treatment Act is necessary for the protection of the
public and for the rehabilitation of the offender.
The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of the
sentence of probation, conditional discharge, or supervision,
subject to the provisions of Section 5-6-4 of this Act.
(b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic imprisonment
nor of probation supervision is appropriate.
(b-1) Subsections (a) and (b) of this Section do not apply

SB3733 Enrolled - 1819 - LRB096 19592 AMC 34984 b
to a defendant charged with a misdemeanor or felony under the
Illinois Vehicle Code or reckless homicide under Section 9-3 of
the Criminal Code of 1961 if the defendant within the past 12
months has been convicted of or pleaded guilty to a misdemeanor
or felony under the Illinois Vehicle Code or reckless homicide
under Section 9-3 of the Criminal Code of 1961.
(c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the imposition
of a sentence, and enter an order for supervision of the
defendant, if the defendant is not charged with: (i) a Class A
misdemeanor, as defined by the following provisions of the
Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5;
31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1;
paragraph (1) through (5), (8), (10), and (11) of subsection
(a) of Section 24-1; (ii) a Class A misdemeanor violation of
Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
Act; or (iii) a felony. If the defendant is not barred from
receiving an order for supervision as provided in this
subsection, the court may enter an order for supervision after
considering the circumstances of the offense, and the history,
character and condition of the offender, if the court is of the
opinion that:
(1) the offender is not likely to commit further
crimes;
(2) the defendant and the public would be best served

SB3733 Enrolled - 1820 - LRB096 19592 AMC 34984 b
if the defendant were not to receive a criminal record; and
(3) in the best interests of justice an order of
supervision is more appropriate than a sentence otherwise
permitted under this Code.
(c-5) Subsections (a), (b), and (c) of this Section do not
apply to a defendant charged with a second or subsequent
violation of Section 6-303 of the Illinois Vehicle Code
committed while his or her driver's license, permit or
privileges were revoked because of a violation of Section 9-3
of the Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar provision of a law of another
state.
(d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the defendant has previously been:
(1) convicted for a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance or any similar law or ordinance of another state;
or
(2) assigned supervision for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision
of a local ordinance or any similar law or ordinance of
another state; or
(3) pleaded guilty to or stipulated to the facts
supporting a charge or a finding of guilty to a violation

SB3733 Enrolled - 1821 - LRB096 19592 AMC 34984 b
of Section 11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance or any similar law or
ordinance of another state, and the plea or stipulation was
the result of a plea agreement.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16A-3 of the Criminal
Code of 1961 if said defendant has within the last 5 years
been:
(1) convicted for a violation of Section 16A-3 of the
Criminal Code of 1961; or
(2) assigned supervision for a violation of Section
16A-3 of the Criminal Code of 1961.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(f) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605, Section
11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(g) Except as otherwise provided in paragraph (i) of this
Section, the provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707, 3-708, 3-710,

SB3733 Enrolled - 1822 - LRB096 19592 AMC 34984 b
or 5-401.3 of the Illinois Vehicle Code or a similar provision
of a local ordinance if the defendant has within the last 5
years been:
(1) convicted for a violation of Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
provision of a local ordinance; or
(2) assigned supervision for a violation of Section
3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
Code or a similar provision of a local ordinance.
The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
(h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of the
Illinois Vehicle Code:
(1) unless the defendant, upon payment of the fines,
penalties, and costs provided by law, agrees to attend and
successfully complete a traffic safety program approved by
the court under standards set by the Conference of Chief
Circuit Judges. The accused shall be responsible for
payment of any traffic safety program fees. If the accused
fails to file a certificate of successful completion on or
before the termination date of the supervision order, the
supervision shall be summarily revoked and conviction
entered. The provisions of Supreme Court Rule 402 relating

SB3733 Enrolled - 1823 - LRB096 19592 AMC 34984 b
to pleas of guilty do not apply in cases when a defendant
enters a guilty plea under this provision; or
(2) if the defendant has previously been sentenced
under the provisions of paragraph (c) on or after January
1, 1998 for any serious traffic offense as defined in
Section 1-187.001 of the Illinois Vehicle Code.
(h-1) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with an offense
against traffic regulations governing the movement of vehicles
or any violation of Section 6-107 or Section 12-603.1 of the
Illinois Vehicle Code, unless the defendant, upon payment of
the fines, penalties, and costs provided by law, agrees to
attend and successfully complete a traffic safety program
approved by the court under standards set by the Conference of
Chief Circuit Judges. The accused shall be responsible for
payment of any traffic safety program fees. If the accused
fails to file a certificate of successful completion on or
before the termination date of the supervision order, the
supervision shall be summarily revoked and conviction entered.
The provisions of Supreme Court Rule 402 relating to pleas of
guilty do not apply in cases when a defendant enters a guilty
plea under this provision.
(i) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance if the
defendant has been assigned supervision for a violation of

SB3733 Enrolled - 1824 - LRB096 19592 AMC 34984 b
Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the revocation or suspension was for a violation of Section
11-501 or a similar provision of a local ordinance or a
violation of Section 11-501.1 or paragraph (b) of Section
11-401 of the Illinois Vehicle Code if the defendant has within
the last 10 years been:
(1) convicted for a violation of Section 6-303 of the
Illinois Vehicle Code or a similar provision of a local
ordinance; or
(2) assigned supervision for a violation of Section
6-303 of the Illinois Vehicle Code or a similar provision
of a local ordinance.
(k) The provisions of paragraph (c) shall not apply to a
defendant charged with violating any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance that
governs the movement of vehicles if, within the 12 months
preceding the date of the defendant's arrest, the defendant has
been assigned court supervision on 2 occasions for a violation
that governs the movement of vehicles under the Illinois
Vehicle Code or a similar provision of a local ordinance. The
provisions of this paragraph (k) do not apply to a defendant
charged with violating Section 11-501 of the Illinois Vehicle

SB3733 Enrolled - 1825 - LRB096 19592 AMC 34984 b
Code or a similar provision of a local ordinance.
(l) A defendant charged with violating any provision of the
Illinois Vehicle Code or a similar provision of a local
ordinance who receives a disposition of supervision under
subsection (c) shall pay an additional fee of $29, to be
collected as provided in Sections 27.5 and 27.6 of the Clerks
of Courts Act. In addition to the $29 fee, the person shall
also pay a fee of $6, which, if not waived by the court, shall
be collected as provided in Sections 27.5 and 27.6 of the
Clerks of Courts Act. The $29 fee shall be disbursed as
provided in Section 16-104c of the Illinois Vehicle Code. If
the $6 fee is collected, $5.50 of the fee shall be deposited
into the Circuit Court Clerk Operation and Administrative Fund
created by the Clerk of the Circuit Court and 50 cents of the
fee shall be deposited into the Prisoner Review Board Vehicle
and Equipment Fund in the State treasury.
(m) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $20, to be disbursed as provided in Section
16-104d of that Code.
This subsection (m) becomes inoperative 7 years after
October 13, 2007 (the effective date of Public Act 95-154).
(n) The provisions of paragraph (c) shall not apply to any

SB3733 Enrolled - 1826 - LRB096 19592 AMC 34984 b
person under the age of 18 who commits an offense against
traffic regulations governing the movement of vehicles or any
violation of Section 6-107 or Section 12-603.1 of the Illinois
Vehicle Code, except upon personal appearance of the defendant
in court and upon the written consent of the defendant's parent
or legal guardian, executed before the presiding judge. The
presiding judge shall have the authority to waive this
requirement upon the showing of good cause by the defendant.
(o) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the suspension was for a violation of Section 11-501.1 of the
Illinois Vehicle Code and when:
(1) at the time of the violation of Section 11-501.1 of
the Illinois Vehicle Code, the defendant was a first
offender pursuant to Section 11-500 of the Illinois Vehicle
Code and the defendant failed to obtain a monitoring device
driving permit; or
(2) at the time of the violation of Section 11-501.1 of
the Illinois Vehicle Code, the defendant was a first
offender pursuant to Section 11-500 of the Illinois Vehicle
Code, had subsequently obtained a monitoring device
driving permit, but was driving a vehicle not equipped with
a breath alcohol ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code.
(Source: P.A. 95-154, eff. 10-13-07; 95-302, eff. 1-1-08;

SB3733 Enrolled - 1827 - LRB096 19592 AMC 34984 b
95-310, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, eff. 1-1-09;
95-428, 8-24-07; 95-876, eff. 8-21-08; 96-253, eff. 8-11-09;
96-286, eff. 8-11-09; 96-328, eff. 8-11-09; 96-625, eff.
1-1-10; revised 10-1-09.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such person or
agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon where the offense is a felony or, if a
misdemeanor, the offense involved the intentional or
knowing infliction of bodily harm or threat of bodily harm;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer. Transfer of a person's probation or conditional
discharge supervision to another state is subject to
acceptance by the other state pursuant to the Interstate

SB3733 Enrolled - 1828 - LRB096 19592 AMC 34984 b
Compact for Adult Offender Supervision;
(5) permit the probation officer to visit him at his
home or elsewhere to the extent necessary to discharge his
duties;
(6) perform no less than 30 hours of community service
and not more than 120 hours of community service, if
community service is available in the jurisdiction and is
funded and approved by the county board where the offense
was committed, where the offense was related to or in
furtherance of the criminal activities of an organized gang
and was motivated by the offender's membership in or
allegiance to an organized gang. The community service
shall include, but not be limited to, the cleanup and
repair of any damage caused by a violation of Section
21-1.3 of the Criminal Code of 1961 and similar damage to
property located within the municipality or county in which
the violation occurred. When possible and reasonable, the
community service should be performed in the offender's
neighborhood. For purposes of this Section, "organized
gang" has the meaning ascribed to it in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act;
(7) if he or she is at least 17 years of age and has
been sentenced to probation or conditional discharge for a
misdemeanor or felony in a county of 3,000,000 or more
inhabitants and has not been previously convicted of a
misdemeanor or felony, may be required by the sentencing

SB3733 Enrolled - 1829 - LRB096 19592 AMC 34984 b
court to attend educational courses designed to prepare the
defendant for a high school diploma and to work toward a
high school diploma or to work toward passing the high
school level Test of General Educational Development (GED)
or to work toward completing a vocational training program
approved by the court. The person on probation or
conditional discharge must attend a public institution of
education to obtain the educational or vocational training
required by this clause (7). The court shall revoke the
probation or conditional discharge of a person who wilfully
fails to comply with this clause (7). The person on
probation or conditional discharge shall be required to pay
for the cost of the educational courses or GED test, if a
fee is charged for those courses or test. The court shall
resentence the offender whose probation or conditional
discharge has been revoked as provided in Section 5-6-4.
This clause (7) does not apply to a person who has a high
school diploma or has successfully passed the GED test.
This clause (7) does not apply to a person who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the educational
or vocational program;
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act after a previous conviction or

SB3733 Enrolled - 1830 - LRB096 19592 AMC 34984 b
disposition of supervision for possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act or after a sentence of probation
under Section 10 of the Cannabis Control Act, Section 410
of the Illinois Controlled Substances Act, or Section 70 of
the Methamphetamine Control and Community Protection Act
and upon a finding by the court that the person is
addicted, undergo treatment at a substance abuse program
approved by the court;
(8.5) if convicted of a felony sex offense as defined
in the Sex Offender Management Board Act, the person shall
undergo and successfully complete sex offender treatment
by a treatment provider approved by the Board and conducted
in conformance with the standards developed under the Sex
Offender Management Board Act;
(8.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing at
the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders;

SB3733 Enrolled - 1831 - LRB096 19592 AMC 34984 b
(8.7) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961, refrain from communicating with or contacting, by
means of the Internet, a person who is not related to the
accused and whom the accused reasonably believes to be
under 18 years of age; for purposes of this paragraph
(8.7), "Internet" has the meaning ascribed to it in Section
16J-5 of the Criminal Code of 1961; and a person is not
related to the accused if the person is not: (i) the
spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(8.8) if convicted for an offense under Section 11-6,
11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
Code of 1961, or any attempt to commit any of these
offenses, committed on or after June 1, 2009 (the effective
date of Public Act 95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;

SB3733 Enrolled - 1832 - LRB096 19592 AMC 34984 b
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer;
(8.9) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262) this
amendatory Act of the 96th General Assembly, refrain from
accessing or using a social networking website as defined
in Section 16D-2 of the Criminal Code of 1961;
(9) if convicted of a felony, physically surrender at a
time and place designated by the court, his or her Firearm

SB3733 Enrolled - 1833 - LRB096 19592 AMC 34984 b
Owner's Identification Card and any and all firearms in his
or her possession;
(10) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial minors
are present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter; and
(11) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed on
or after January 1, 2010 (the effective date of Public Act
96-362) this amendatory Act of the 96th General Assembly
that requires the person to register as a sex offender
under that Act, may not knowingly use any computer scrub
software on any computer that the sex offender uses.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under Article
7 for a period not to exceed that specified in paragraph

SB3733 Enrolled - 1834 - LRB096 19592 AMC 34984 b
(d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home;
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is convicted of a crime of
violence as defined in Section 2 of the Crime Victims
Compensation Act committed in a school, on the real
property comprising a school, or within 1,000 feet of
the real property comprising a school;
(8) make restitution as provided in Section 5-5-6 of
this Code;
(9) perform some reasonable public or community

SB3733 Enrolled - 1835 - LRB096 19592 AMC 34984 b
service;
(10) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be that
the offender:
(i) remain within the interior premises of the
place designated for his confinement during the hours
designated by the court;
(ii) admit any person or agent designated by the
court into the offender's place of confinement at any
time for purposes of verifying the offender's
compliance with the conditions of his confinement; and
(iii) if further deemed necessary by the court or
the Probation or Court Services Department, be placed
on an approved electronic monitoring device, subject
to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the offender to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to

SB3733 Enrolled - 1836 - LRB096 19592 AMC 34984 b
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay
all monies collected from this fee to the county
treasurer for deposit in the substance abuse services
fund under Section 5-1086.1 of the Counties Code; and
(v) for persons convicted of offenses other than
those referenced in clause (iv) above and who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay
all monies collected from this fee to the county
treasurer who shall use the monies collected to defray
the costs of corrections. The county treasurer shall
deposit the fee collected in the county working cash
fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(11) comply with the terms and conditions of an order

SB3733 Enrolled - 1837 - LRB096 19592 AMC 34984 b
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter amended,
or an order of protection issued by the court of another
state, tribe, or United States territory. A copy of the
order of protection shall be transmitted to the probation
officer or agency having responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council Act
for any reasonable expenses incurred by the program on the
offender's case, not to exceed the maximum amount of the
fine authorized for the offense for which the defendant was
sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses under
the jurisdiction of the Department of Natural Resources, to
the fund established by the Department of Natural Resources
for the purchase of evidence for investigation purposes and
to conduct investigations as outlined in Section 805-105 of
the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons

SB3733 Enrolled - 1838 - LRB096 19592 AMC 34984 b
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(17) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961, refrain from communicating with or contacting, by
means of the Internet, a person who is related to the
accused and whom the accused reasonably believes to be
under 18 years of age; for purposes of this paragraph (17),
"Internet" has the meaning ascribed to it in Section 16J-5
of the Criminal Code of 1961; and a person is related to
the accused if the person is: (i) the spouse, brother, or

SB3733 Enrolled - 1839 - LRB096 19592 AMC 34984 b
sister of the accused; (ii) a descendant of the accused;
(iii) a first or second cousin of the accused; or (iv) a
step-child or adopted child of the accused;
(18) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983) that
would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
subject's expense, of one or more hardware or software

SB3733 Enrolled - 1840 - LRB096 19592 AMC 34984 b
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer; and
(19) refrain from possessing a firearm or other
dangerous weapon where the offense is a misdemeanor that
did not involve the intentional or knowing infliction of
bodily harm or threat of bodily harm.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional discharge

SB3733 Enrolled - 1841 - LRB096 19592 AMC 34984 b
that the offender be committed to a period of imprisonment in
excess of 6 months. This 6 month limit shall not include
periods of confinement given pursuant to a sentence of county
impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes mandatory
drug or alcohol testing, or both, or is assigned to be placed
on an approved electronic monitoring device, shall be ordered
to pay all costs incidental to such mandatory drug or alcohol
testing, or both, and all costs incidental to such approved
electronic monitoring in accordance with the defendant's
ability to pay those costs. The county board with the
concurrence of the Chief Judge of the judicial circuit in which
the county is located shall establish reasonable fees for the
cost of maintenance, testing, and incidental expenses related
to the mandatory drug or alcohol testing, or both, and all
costs incidental to approved electronic monitoring, involved
in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an

SB3733 Enrolled - 1842 - LRB096 19592 AMC 34984 b
administrative order. The fees shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay
all moneys collected from these fees to the county treasurer
who shall use the moneys collected to defray the costs of drug
testing, alcohol testing, and electronic monitoring. The
county treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
(h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee of
$50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is made a

SB3733 Enrolled - 1843 - LRB096 19592 AMC 34984 b
ward of the State under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless: (1) the
circuit court has adopted, by administrative order issued by
the chief judge, a standard probation fee guide determining an
offender's ability to pay, under guidelines developed by the
Administrative Office of the Illinois Courts; and (2) the
circuit court has authorized, by administrative order issued by
the chief judge, the creation of a Crime Victim's Services
Fund, to be administered by the Chief Judge or his or her
designee, for services to crime victims and their families. Of
the amount collected as a probation fee, up to $5 of that fee
collected per month may be used to provide services to crime
victims and their families.
This amendatory Act of the 93rd General Assembly deletes
the $10 increase in the fee under this subsection that was
imposed by Public Act 93-616. This deletion is intended to
control over any other Act of the 93rd General Assembly that
retains or incorporates that fee increase.

SB3733 Enrolled - 1844 - LRB096 19592 AMC 34984 b
(i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation department
has determined to be sexually motivated (as defined in the Sex
Offender Management Board Act), the court or the probation
department shall assess additional fees to pay for all costs of
treatment, assessment, evaluation for risk and treatment, and
monitoring the offender, based on that offender's ability to
pay those costs either as they occur or under a payment plan.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.

SB3733 Enrolled - 1845 - LRB096 19592 AMC 34984 b
(l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08;
95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09;
95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10;
96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff.
8-25-09; revised 9-25-09.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under all
of the circumstances of the case, but may not be longer than 2
years, unless the defendant has failed to pay the assessment
required by Section 10.3 of the Cannabis Control Act, Section
411.2 of the Illinois Controlled Substances Act, or Section 80
of the Methamphetamine Control and Community Protection Act, in
which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no
less than 30 hours of community service and not more than 120
hours of community service, if community service is available

SB3733 Enrolled - 1846 - LRB096 19592 AMC 34984 b
in the jurisdiction and is funded and approved by the county
board where the offense was committed, when the offense (1) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership
in or allegiance to an organized gang; or (2) is a violation of
any Section of Article 24 of the Criminal Code of 1961 where a
disposition of supervision is not prohibited by Section 5-6-1
of this Code. The community service shall include, but not be
limited to, the cleanup and repair of any damage caused by
violation of Section 21-1.3 of the Criminal Code of 1961 and
similar damages to property located within the municipality or
county in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of supervision;

SB3733 Enrolled - 1847 - LRB096 19592 AMC 34984 b
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home; or
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is placed on supervision for a
crime of violence as defined in Section 2 of the Crime
Victims Compensation Act committed in a school, on the
real property comprising a school, or within 1,000 feet
of the real property comprising a school;
(9) make restitution or reparation in an amount not to
exceed actual loss or damage to property and pecuniary loss

SB3733 Enrolled - 1848 - LRB096 19592 AMC 34984 b
or make restitution under Section 5-5-6 to a domestic
violence shelter. The court shall determine the amount and
conditions of payment;
(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory. If the court has ordered the defendant to
make a report and appear in person under paragraph (1) of
this subsection, a copy of the order of protection shall be
transmitted to the person or agency so designated by the
court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council Act
for any reasonable expenses incurred by the program on the
offender's case, not to exceed the maximum amount of the
fine authorized for the offense for which the defendant was
sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses under
the jurisdiction of the Department of Natural Resources, to

SB3733 Enrolled - 1849 - LRB096 19592 AMC 34984 b
the fund established by the Department of Natural Resources
for the purchase of evidence for investigation purposes and
to conduct investigations as outlined in Section 805-105 of
the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(17) refrain from operating any motor vehicle not
equipped with an ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code; under this
condition the court may allow a defendant who is not
self-employed to operate a vehicle owned by the defendant's

SB3733 Enrolled - 1850 - LRB096 19592 AMC 34984 b
employer that is not equipped with an ignition interlock
device in the course and scope of the defendant's
employment; and
(18) if placed on supervision for a sex offense as
defined in subsection (a-5) of Section 3-1-2 of this Code,
unless the offender is a parent or guardian of the person
under 18 years of age present in the home and no
non-familial minors are present, not participate in a
holiday event involving children under 18 years of age,
such as distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the
court determines that the defendant has successfully complied
with all of the conditions of supervision, the court shall
discharge the defendant and enter a judgment dismissing the
charges.
(f) Discharge and dismissal upon a successful conclusion of
a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction for
purposes of disqualification or disabilities imposed by law
upon conviction of a crime. Two years after the discharge and

SB3733 Enrolled - 1851 - LRB096 19592 AMC 34984 b
dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708,
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or for a violation of
Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which
case it shall be 5 years after discharge and dismissal, a
person may have his record of arrest sealed or expunged as may
be provided by law. However, any defendant placed on
supervision before January 1, 1980, may move for sealing or
expungement of his arrest record, as provided by law, at any
time after discharge and dismissal under this Section. A person
placed on supervision for a sexual offense committed against a
minor as defined in clause (a)(1)(L) of Section 5.2 of the
Criminal Identification Act or for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a
local ordinance shall not have his or her record of arrest
sealed or expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the costs
incidental to such mandatory drug or alcohol testing, or both,
and costs incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs. The
county board with the concurrence of the Chief Judge of the
judicial circuit in which the county is located shall establish

SB3733 Enrolled - 1852 - LRB096 19592 AMC 34984 b
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, of all defendants placed on
supervision. The concurrence of the Chief Judge shall be in the
form of an administrative order. The fees shall be collected by
the clerk of the circuit court. The clerk of the circuit court
shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the
costs of drug testing, alcohol testing, and electronic
monitoring. The county treasurer shall deposit the fees
collected in the county working cash fund under Section 6-27001
or Section 6-29002 of the Counties Code, as the case may be.
(h) A disposition of supervision is a final order for the
purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992 or to community service under
the supervision of a probation or court services department
after January 1, 2004, as a condition of supervision or
supervised community service, a fee of $50 for each month of
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
placed on supervision or supervised community service to pay
the fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State under
the Juvenile Court Act of 1987 while the minor is in placement.

SB3733 Enrolled - 1853 - LRB096 19592 AMC 34984 b
The fee shall be imposed only upon a defendant who is actively
supervised by the probation and court services department. The
fee shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the probation
and court services fund pursuant to Section 15.1 of the
Probation and Probation Officers Act.
A circuit court may not impose a probation fee in excess of
$25 per month unless: (1) the circuit court has adopted, by
administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay,
under guidelines developed by the Administrative Office of the
Illinois Courts; and (2) the circuit court has authorized, by
administrative order issued by the chief judge, the creation of
a Crime Victim's Services Fund, to be administered by the Chief
Judge or his or her designee, for services to crime victims and
their families. Of the amount collected as a probation fee, not
to exceed $5 of that fee collected per month may be used to
provide services to crime victims and their families.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.

SB3733 Enrolled - 1854 - LRB096 19592 AMC 34984 b
(k) A defendant at least 17 years of age who is placed on
supervision for a misdemeanor in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing the high school level Test of General
Educational Development (GED) or to work toward completing a
vocational training program approved by the court. The
defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall revoke the
supervision of a person who wilfully fails to comply with this
subsection (k). The court shall resentence the defendant upon
revocation of supervision as provided in Section 5-6-4. This
subsection (k) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (k) does not apply to a defendant who is determined
by the court to be developmentally disabled or otherwise
mentally incapable of completing the educational or vocational
program.
(l) The court shall require a defendant placed on

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supervision for possession of a substance prohibited by the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act or a
sentence of probation under Section 10 of the Cannabis Control
Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted,
to undergo treatment at a substance abuse program approved by
the court.
(m) The Secretary of State shall require anyone placed on
court supervision for a violation of Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance to give proof of his or her financial responsibility
as defined in Section 7-315 of the Illinois Vehicle Code. The
proof shall be maintained by the individual in a manner
satisfactory to the Secretary of State for a minimum period of
3 years after the date the proof is first filed. The proof
shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of
State shall suspend the driver's license of any person
determined by the Secretary to be in violation of this
subsection.
(n) Any offender placed on supervision for any offense that

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the court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(o) An offender placed on supervision for a sex offense as
defined in the Sex Offender Management Board Act shall refrain
from residing at the same address or in the same condominium
unit or apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has been
placed on supervision for a sex offense. The provisions of this
subsection (o) do not apply to a person convicted of a sex
offense who is placed in a Department of Corrections licensed
transitional housing facility for sex offenders.
(p) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 shall refrain from communicating with or
contacting, by means of the Internet, a person who is not
related to the accused and whom the accused reasonably believes
to be under 18 years of age. For purposes of this subsection
(p), "Internet" has the meaning ascribed to it in Section 16J-5
of the Criminal Code of 1961; and a person is not related to

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the accused if the person is not: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused; (iii)
a first or second cousin of the accused; or (iv) a step-child
or adopted child of the accused.
(q) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 shall, if so ordered by the court,
refrain from communicating with or contacting, by means of the
Internet, a person who is related to the accused and whom the
accused reasonably believes to be under 18 years of age. For
purposes of this subsection (q), "Internet" has the meaning
ascribed to it in Section 16J-5 of the Criminal Code of 1961;
and a person is related to the accused if the person is: (i)
the spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin of
the accused; or (iv) a step-child or adopted child of the
accused.
(r) An offender placed on supervision for an offense under
Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of
the Criminal Code of 1961, or any attempt to commit any of
these offenses, committed on or after the effective date of
this amendatory Act of the 95th General Assembly shall:
(i) not access or use a computer or any other device
with Internet capability without the prior written

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approval of the court, except in connection with the
offender's employment or search for employment with the
prior approval of the court;
(ii) submit to periodic unannounced examinations of
the offender's computer or any other device with Internet
capability by the offender's probation officer, a law
enforcement officer, or assigned computer or information
technology specialist, including the retrieval and copying
of all data from the computer or device and any internal or
external peripherals and removal of such information,
equipment, or device to conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a computer or
any other device with Internet capability imposed by the
court.
(s) An offender placed on supervision for an offense that
is a sex offense as defined in Section 2 of the Sex Offender
Registration Act that is committed on or after January 1, 2010
(the effective date of Public Act 96-362) this amendatory Act
of the 96th General Assembly that requires the person to
register as a sex offender under that Act, may not knowingly
use any computer scrub software on any computer that the sex

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offender uses.
(t) (s) An offender placed on supervision for a sex offense
as defined in the Sex Offender Registration Act committed on or
after January 1, 2010 (the effective date of Public Act 96-262)
this amendatory Act of the 96th General Assembly shall refrain
from accessing or using a social networking website as defined
in Section 16D-2 of the Criminal Code of 1961.
(Source: P.A. 95-211, eff. 1-1-08; 95-331, eff. 8-21-07;
95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. 8-21-08;
95-983, eff. 6-1-09; 96-262, eff. 1-1-10; 96-362, eff. 1-1-10;
96-409, eff. 1-1-10; revised 9-25-09.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; mandatory
supervised release.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, according to the following
limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection (a)(1)(c)

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of this Section, that any of the aggravating factors
listed in subsection (b) of Section 9-1 of the Criminal
Code of 1961 are present, the court may sentence the
defendant to a term of natural life imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment when the death
penalty is not imposed if the defendant,
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age of
17 or more and is found guilty of murdering an
individual under 12 years of age; or, irrespective
of the defendant's age at the time of the
commission of the offense, is found guilty of
murdering more than one victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the

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murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or

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(vi) is a person who, at the time of the
commission of the murder, had not attained the age
of 17, and is found guilty of murdering a person
under 12 years of age and the murder is committed
during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated
kidnaping, or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 1961.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20
years shall be added to the term of imprisonment

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imposed by the court;
(iii) if, during the commission of the
offense, the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term
of natural life shall be added to the term of
imprisonment imposed by the court.
(2) (blank);
(2.5) for a person convicted under the circumstances
described in paragraph (3) of subsection (b) of Section
12-13, paragraph (2) of subsection (d) of Section 12-14,
paragraph (1.2) of subsection (b) of Section 12-14.1, or
paragraph (2) of subsection (b) of Section 12-14.1 of the
Criminal Code of 1961, the sentence shall be a term of
natural life imprisonment.
(b) (Blank.).
(c) (Blank.).
(d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be as
follows:
(1) for first degree murder or a Class X felony except
for the offenses of predatory criminal sexual assault of a
child, aggravated criminal sexual assault, and criminal
sexual assault if committed on or after the effective date
of this amendatory Act of the 94th General Assembly and

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except for the offense of aggravated child pornography
under Section 11-20.3 of the Criminal Code of 1961, if
committed on or after January 1, 2009, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after the effective date of this amendatory Act of the 94th
General Assembly and except for the offenses of manufacture
and dissemination of child pornography under clauses
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
of 1961, if committed on or after January 1, 2009, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography, manufacture of child pornography, or
dissemination of child pornography after January 1, 2009,
the term of mandatory supervised release shall range from a
minimum of 3 years to a maximum of the natural life of the
defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic home detention program under Article 8A of

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Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years.
(e) (Blank.).
(f) (Blank.).
(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
96-282, eff. 1-1-10; revised 9-4-09.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
(a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.
(b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to
the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony
sentence.

SB3733 Enrolled - 1866 - LRB096 19592 AMC 34984 b
(c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
(1) If, having regard to the nature and circumstances
of the offense and the history and character of the
defendant, it is the opinion of the court that consecutive
sentences are required to protect the public from further
criminal conduct by the defendant, the basis for which the
court shall set forth in the record.
(2) If one of the offenses for which a defendant was
convicted was a violation of Section 32-5.2 (aggravated
false personation of a peace officer) of the Criminal Code
of 1961 (720 ILCS 5/32-5.2) and the offense was committed
in attempting or committing a forcible felony.
(d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
convicted was first degree murder or a Class X or Class 1
felony and the defendant inflicted severe bodily injury.
(2) The defendant was convicted of a violation of
Section 12-13 (criminal sexual assault), 12-14 (aggravated
criminal sexual assault), or 12-14.1 (predatory criminal
sexual assault of a child) of the Criminal Code of 1961
(720 ILCS 5/12-13, 5/12-14, or 5/12-14.1).
(3) The defendant was convicted of armed violence based
upon the predicate offense of any of the following:
solicitation of murder, solicitation of murder for hire,

SB3733 Enrolled - 1867 - LRB096 19592 AMC 34984 b
heinous battery, aggravated battery of a senior citizen,
criminal sexual assault, a violation of subsection (g) of
Section 5 of the Cannabis Control Act (720 ILCS 550/5),
cannabis trafficking, a violation of subsection (a) of
Section 401 of the Illinois Controlled Substances Act (720
ILCS 570/401), controlled substance trafficking involving
a Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act (720
ILCS 570/401), a violation of the Methamphetamine Control
and Community Protection Act (720 ILCS 646/), calculated
criminal drug conspiracy, or streetgang criminal drug
conspiracy.
(4) The defendant was convicted of the offense of
leaving the scene of a motor vehicle accident involving
death or personal injuries under Section 11-401 of the
Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof under Section 11-501 of the
Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
homicide under Section 9-3 of the Criminal Code of 1961
(720 ILCS 5/9-3), or (C) both an offense described in item
(A) and an offense described in item (B).
(5) The defendant was convicted of a violation of
Section 9-3.1 (concealment of homicidal death) or Section
12-20.5 (dismembering a human body) of the Criminal Code of

SB3733 Enrolled - 1868 - LRB096 19592 AMC 34984 b
1961 (720 ILCS 5/9-3.1 or 5/12-20.5). or
(5.5) The (vi) the defendant was convicted of a
violation of Section 24-3.7 (use of a stolen firearm in the
commission of an offense) of the Criminal Code of 1961. ,
(6) If the defendant was in the custody of the
Department of Corrections at the time of the commission of
the offense, the sentence shall be served consecutive to
the sentence under which the defendant is held by the
Department of Corrections. If, however, the defendant is
sentenced to punishment by death, the sentence shall be
executed at such time as the court may fix without regard
to the sentence under which the defendant may be held by
the Department.
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
for escape or attempted escape shall be served consecutive
to the terms under which the offender is held by the
Department of Corrections.
(8) If a person charged with a felony commits a
separate felony while on pretrial release or in pretrial
detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of
these felonies shall be served consecutively regardless of
the order in which the judgments of conviction are entered.
(8.5) If a person commits a battery against a county
correctional officer or sheriff's employee while serving a
sentence or in pretrial detention in a county jail

SB3733 Enrolled - 1869 - LRB096 19592 AMC 34984 b
facility, then the sentence imposed upon conviction of the
battery shall be served consecutively with the sentence
imposed upon conviction of the earlier misdemeanor or
felony, regardless of the order in which the judgments of
conviction are entered.
(9) If a person admitted to bail following conviction
of a felony commits a separate felony while free on bond or
if a person detained in a county jail facility or county
detention facility following conviction of a felony
commits a separate felony while in detention, then any
sentence following conviction of the separate felony shall
be consecutive to that of the original sentence for which
the defendant was on bond or detained.
(10) If a person is found to be in possession of an
item of contraband, as defined in clause (c)(2) of Section
31A-1.1 of the Criminal Code of 1961, while serving a
sentence in a county jail or while in pre-trial detention
in a county jail, the sentence imposed upon conviction for
the offense of possessing contraband in a penal institution
shall be served consecutively to the sentence imposed for
the offense in which the person is serving sentence in the
county jail or serving pretrial detention, regardless of
the order in which the judgments of conviction are entered.
(e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a term

SB3733 Enrolled - 1870 - LRB096 19592 AMC 34984 b
of imprisonment by a court of another state or a federal court,
then the Illinois sentence shall run consecutively to the
sentence imposed by the court of the other state or the federal
court. That same Illinois court, however, may order that the
Illinois sentence run concurrently with the sentence imposed by
the court of the other state or the federal court, but only if
the defendant applies to that same Illinois court within 30
days after the sentence imposed by the court of the other state
or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior to
February 1, 1978, the aggregate maximum of consecutive
sentences shall not exceed the maximum term authorized
under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
Chapter V for the 2 most serious felonies involved. The
aggregate minimum period of consecutive sentences shall
not exceed the highest minimum term authorized under
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
V for the 2 most serious felonies involved. When sentenced
only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(2) For sentences imposed under the law in effect on or
after February 1, 1978, the aggregate of consecutive

SB3733 Enrolled - 1871 - LRB096 19592 AMC 34984 b
sentences for offenses that were committed as part of a
single course of conduct during which there was no
substantial change in the nature of the criminal objective
shall not exceed the sum of the maximum terms authorized
under Section 5-8-2 (730 ILCS 5/5-8-2) for the 2 most
serious felonies involved, but no such limitation shall
apply for offenses that were not committed as part of a
single course of conduct during which there was no
substantial change in the nature of the criminal objective.
When sentenced only for misdemeanors, a defendant shall not
be consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
(1) The maximum period of a term of imprisonment shall
consist of the aggregate of the maximums of the imposed
indeterminate terms, if any, plus the aggregate of the
imposed determinate sentences for felonies, plus the
aggregate of the imposed determinate sentences for
misdemeanors, subject to subsection (f) of this Section.
(2) The parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-4.5-50

SB3733 Enrolled - 1872 - LRB096 19592 AMC 34984 b
(730 ILCS 5/5-4.5-50) for the most serious of the offenses
involved.
(3) The minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of
imprisonment imposed by the court, subject to subsection
(f) of this Section.
(4) The defendant shall be awarded credit against the
aggregate maximum term and the aggregate minimum term of
imprisonment for all time served in an institution since
the commission of the offense or offenses and as a
consequence thereof at the rate specified in Section 3-6-3
(730 ILCS 5/3-6-3).
(Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-190, eff. 1-1-10; revised 8-20-09.)
(730 ILCS 5/5-8-8)
(Section scheduled to be repealed on December 31, 2012)
Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
(a) Creation. There is created under the jurisdiction of
the Governor the Illinois Sentencing Policy Advisory Council,
hereinafter referred to as the Council.
(b) Purposes and goals. The purpose of the Council is to
review sentencing policies and practices and examine how these
policies and practices impact the criminal justice system as a
whole in the State of Illinois. In carrying out its duties, the
Council shall be mindful of and aim to achieve the purposes of

SB3733 Enrolled - 1873 - LRB096 19592 AMC 34984 b
sentencing in Illinois, which are set out in Section 1-1-2 of
this Code:
(1) prescribe sanctions proportionate to the
seriousness of the offenses and permit the recognition of
differences in rehabilitation possibilities among
individual offenders;
(2) forbid and prevent the commission of offenses;
(3) prevent arbitrary or oppressive treatment of
persons adjudicated offenders or delinquents; and
(4) restore offenders to useful citizenship.
(c) Council composition.
(1) The Council shall consist of the following members:
(A) the President of the Senate, or his or her
designee;
(B) the Minority Leader of the Senate, or his or
her designee;
(C) the Speaker of the House, or his or her
designee;
(D) the Minority Leader of the House, or his or her
designee;
(E) the Governor, or his or her designee;
(F) the Attorney General, or his or her designee;
(G) two retired judges, who may have been circuit,
appellate or supreme court judges, selected by the members
of the Council designated in clauses (c)(1)(A) through (L);
(H) the Cook County State's Attorney, or his or her

SB3733 Enrolled - 1874 - LRB096 19592 AMC 34984 b
designee;
(I) the Cook County Public Defender, or his or her
designee;
(J) a State's Attorney not from Cook County,
appointed by the State's Attorney's Appellate
Prosecutor;
(K) the State Appellate Defender, or his or her
designee;
(L) the Director of the Administrative Office of
the Illinois Courts, or his or her designee;
(M) a victim of a violent felony or a
representative of a crime victims' organization,
selected by the members of the Council designated in
clauses (c)(1)(A) through (L);
(N) a representative of a community-based
organization, selected by the members of the Council
designated in clauses (c)(1)(A) through (L);
(O) a criminal justice academic researcher, to be
selected by the members of the Council designated in
clauses (c)(1)(A) through (L);
(P) a representative of law enforcement from a unit
of local government to be selected by the members of
the Council designated in clauses (c)(1)(A) through
(L);
(Q) a sheriff selected by the members of the
Council designated in clauses (c)(1)(A) through (L);

SB3733 Enrolled - 1875 - LRB096 19592 AMC 34984 b
and
(R) ex-officio members shall include:
(i) the Director of Corrections, or his or her
designee;
(ii) the Chair of the Prisoner Review Board, or
his or her designee;
(iii) the Director of the Illinois State
Police, or his or her designee;
(iv) the Director of the Illinois Criminal
Justice Information Authority, or his or her
designee; and
(v) the assistant Director of the
Administrative Office of the Illinois Courts, or
his or her designee. ; and
(1.5) The (T) the Chair and Vice Chair shall be elected
from among its members by a majority of the members of the
Council.
(2) Members of the Council who serve because of their
public office or position, or those who are designated as
members by such officials, shall serve only as long as they
hold such office or position.
(3) Council members shall serve without compensation
but shall be reimbursed for travel and per diem expenses
incurred in their work for the Council.
(4) The Council may exercise any power, perform any
function, take any action, or do anything in furtherance of

SB3733 Enrolled - 1876 - LRB096 19592 AMC 34984 b
its purposes and goals upon the appointment of a quorum of
its members. The term of office of each member of the
Council ends on the date of repeal of this amendatory Act
of the 96th General Assembly.
(d) Duties. The Council shall perform, as resources permit,
duties including:
(1) Collect and analyze information including
sentencing data, crime trends, and existing correctional
resources to support legislative and executive action
affecting the use of correctional resources on the State
and local levels.
(2) Prepare criminal justice population projections
annually, including correctional and community-based
supervision populations.
(3) Analyze data relevant to proposed sentencing
legislation and its effect on current policies or
practices, and provide information to support
evidence-based sentencing.
(4) Ensure that adequate resources and facilities are
available for carrying out sentences imposed on offenders
and that rational priorities are established for the use of
those resources. To do so, the Council shall prepare
criminal justice resource statements, identifying the
fiscal and practical effects of proposed criminal
sentencing legislation, including, but not limited to, the
correctional population, court processes, and county or

SB3733 Enrolled - 1877 - LRB096 19592 AMC 34984 b
local government resources.
(5) Perform such other studies or tasks pertaining to
sentencing policies as may be requested by the Governor or
the Illinois General Assembly.
(6) Perform such other functions as may be required by
law or as are necessary to carry out the purposes and goals
of the Council prescribed in subsection (b).
(e) Authority.
(1) The Council shall have the power to perform the
functions necessary to carry out its duties, purposes and
goals under this Act. In so doing, the Council shall
utilize information and analysis developed by the Illinois
Criminal Justice Information Authority, the Administrative
Office of the Illinois Courts, and the Illinois Department
of Corrections.
(2) Upon request from the Council, each executive
agency and department of State and local government shall
provide information and records to the Council in the
execution of its duties.
(f) Report. The Council shall report in writing annually to
the General Assembly and the Governor.
(g) This Section is repealed on December 31, 2012.
(Source: P.A. 96-711, eff. 8-25-09; revised 11-4-09.)
(730 ILCS 5/5-9-1.1-5)
Sec. 5-9-1.1-5. Methamphetamine related offenses.

SB3733 Enrolled - 1878 - LRB096 19592 AMC 34984 b
(a) When a person has been adjudged guilty of a
methamphetamine related offense involving possession or
delivery of methamphetamine or any salt of an optical isomer of
methamphetamine or possession of a methamphetamine
manufacturing material as set forth in Section 10 of the
Methamphetamine Control and Community Protection Act with the
intent to manufacture a substance containing methamphetamine
or salt of an optical isomer of methamphetamine, in addition to
any other penalty imposed, a fine shall be levied by the court
at not less than the full street value of the methamphetamine
or salt of an optical isomer of methamphetamine or
methamphetamine manufacturing materials seized.
"Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
methamphetamine or salt of an optical isomer of methamphetamine
or methamphetamine manufacturing materials seized.
(b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Methamphetamine Law
Enforcement Fund and allocated as provided in subsection (d) of
Section 5-9-1.2.
(c) In addition to any penalty imposed under subsection (a)

SB3733 Enrolled - 1879 - LRB096 19592 AMC 34984 b
of this Section, a $25 assessment shall be assessed by the
court, the proceeds of which shall be collected by the Circuit
Clerk and remitted to the State Treasurer for deposit into the
State Police Services Fund and shall be used for grants by the
Department of State Police to drug task forces and Metropolitan
Enforcement Groups in accordance with the Intergovernmental
Drug Laws Enforcement Act.
(Source: P.A. 96-200, eff. 8-10-09; 96-402, eff. 1-1-10;
revised 9-25-09.)
(730 ILCS 5/5-9-1.17)
Sec. 5-9-1.17. Additional fine to fund expungement of
juvenile records.
(a) There shall be added to every penalty imposed in
sentencing for a criminal offense an additional fine of $30 to
be imposed upon a plea of guilty or finding of guilty resulting
in a judgment of conviction.
(b) Ten dollars of each such additional fine shall be
remitted to the State Treasurer for deposit into the State
Police Services Fund to be used to implement the expungement of
juvenile records as provided in Section 5-622 of the Juvenile
Court Act of 1987, $10 shall be paid to the State's Attorney's
Office that prosecuted the criminal offense, and $10 shall be
retained by the Circuit Clerk for administrative costs
associated with the expungement of juvenile records and shall
be deposited into the Circuit Court Clerk Operation and

SB3733 Enrolled - 1880 - LRB096 19592 AMC 34984 b
Administrative Fund.
(Source: P.A. 96-707, eff. 1-1-10.)
(730 ILCS 5/5-9-1.18)
Sec. 5-9-1.18 5-9-1.17. Fee; Roadside Memorial Fund. A
person who is convicted or receives a disposition of court
supervision for a violation of Section 11-501 of the Illinois
Vehicle Code shall, in addition to any other disposition,
penalty, or fine imposed, pay a fee of $50 which shall be
collected by the clerk of the court and then remitted to the
State Treasurer for deposit into the Roadside Memorial Fund, a
special fund that is created in the State treasury. However,
the court may waive the fee if full restitution is complied
with. Subject to appropriation, all moneys in the Roadside
Memorial Fund shall be used by the Department of Transportation
to pay fees imposed under subsection (f) of Section 20 of the
Roadside Memorial Act.
(Source: P.A. 96-667, eff. 8-25-09; revised 10-16-09.)
Section 625. The Code of Civil Procedure is amended by
changing Section 15-1701 as follows:
(735 ILCS 5/15-1701) (from Ch. 110, par. 15-1701)
Sec. 15-1701. Right to possession.
(a) General. The provisions of this Article shall govern
the right to possession of the mortgaged real estate during

SB3733 Enrolled - 1881 - LRB096 19592 AMC 34984 b
foreclosure. Possession under this Article includes physical
possession of the mortgaged real estate to the same extent to
which the mortgagor, absent the foreclosure, would have been
entitled to physical possession. For the purposes of Part 17,
real estate is residential real estate only if it is
residential real estate at the time the foreclosure is
commenced.
(b) Pre-Judgment. Prior to the entry of a judgment of
foreclosure:
(1) In the case of residential real estate, the
mortgagor shall be entitled to possession of the real
estate except if (i) the mortgagee shall object and show
good cause, (ii) the mortgagee is so authorized by the
terms of the mortgage or other written instrument, and
(iii) the court is satisfied that there is a reasonable
probability that the mortgagee will prevail on a final
hearing of the cause, the court shall upon request place
the mortgagee in possession. If the residential real estate
consists of more than one dwelling unit, then for the
purpose of this Part residential real estate shall mean
only that dwelling unit or units occupied by persons
described in clauses (i), (ii) and (iii) of Section
15-1219.
(2) In all other cases, if (i) the mortgagee is so
authorized by the terms of the mortgage or other written
instrument, and (ii) the court is satisfied that there is a

SB3733 Enrolled - 1882 - LRB096 19592 AMC 34984 b
reasonable probability that the mortgagee will prevail on a
final hearing of the cause, the mortgagee shall upon
request be placed in possession of the real estate, except
that if the mortgagor shall object and show good cause, the
court shall allow the mortgagor to remain in possession.
(c) Judgment Through 30 Days After Sale Confirmation. After
the entry of a judgment of foreclosure and through the 30th day
after a foreclosure sale is confirmed:
(1) Subsection (b) of Section 15-1701 shall be
applicable, regardless of the provisions of the mortgage or
other instrument, except that after a sale pursuant to the
judgment the holder of the certificate of sale (or, if
none, the purchaser at the sale) shall have the mortgagee's
right to be placed in possession, with all rights and
duties of a mortgagee in possession under this Article.
(2) Notwithstanding paragraph (1) of subsection (b)
and paragraph (1) of subsection (c) of Section 15-1701,
upon request of the mortgagee, a mortgagor of residential
real estate shall not be allowed to remain in possession
between the expiration of the redemption period and through
the 30th day after sale confirmation unless (i) the
mortgagor pays to the mortgagee or such holder or
purchaser, whichever is applicable, monthly the lesser of
the interest due under the mortgage calculated at the
mortgage rate of interest applicable as if no default had
occurred or the fair rental value of the real estate, or

SB3733 Enrolled - 1883 - LRB096 19592 AMC 34984 b
(ii) the mortgagor otherwise shows good cause. Any amounts
paid by the mortgagor pursuant to this subsection shall be
credited against the amounts due from the mortgagor.
(d) After 30 Days After Sale Confirmation. The holder of
the certificate of sale or deed issued pursuant to that
certificate or, if no certificate or deed was issued, the
purchaser, except to the extent the holder or purchaser may
consent otherwise, shall be entitled to possession of the
mortgaged real estate, as of the date 30 days after the order
confirming the sale is entered, against those parties to the
foreclosure whose interests the court has ordered terminated,
without further notice to any party, further order of the
court, or resort to proceedings under any other statute other
than this Article. This right to possession shall be limited by
the provisions governing entering and enforcing orders of
possession under subsection (g) of Section 15-1508. If the
holder or purchaser determines that there are occupants of the
mortgaged real estate who have not been made parties to the
foreclosure and had their interests terminated therein, the
holder or purchaser may bring a proceeding under subsection (h)
of this Section or under Article 9 of this Code to terminate
the rights of possession of any such occupants. The holder or
purchaser shall not be entitled to proceed against any such
occupant under Article 9 of this Code until after 30 days after
the order confirming the sale is entered.
(e) Termination of Leases. A lease of all or any part of

SB3733 Enrolled - 1884 - LRB096 19592 AMC 34984 b
the mortgaged real estate shall not be terminated automatically
solely by virtue of the entry into possession by (i) a
mortgagee or receiver prior to the entry of an order confirming
the sale, (ii) the holder of the certificate of sale, (iii) the
holder of the deed issued pursuant to that certificate, or (iv)
if no certificate or deed was issued, the purchaser at the
sale.
(f) Other Statutes; Instruments. The provisions of this
Article providing for possession of mortgaged real estate shall
supersede any other inconsistent statutory provisions. In
particular, and without limitation, whenever a receiver is
sought to be appointed in any action in which a foreclosure is
also pending, a receiver shall be appointed only in accordance
with this Article. Except as may be authorized by this Article,
no mortgage or other instrument may modify or supersede the
provisions of this Article.
(g) Certain Leases. Leases of the mortgaged real estate
entered into by a mortgagee in possession or a receiver and
approved by the court in a foreclosure shall be binding on all
parties, including the mortgagor after redemption, the
purchaser at a sale pursuant to a judgment of foreclosure and
any person acquiring an interest in the mortgaged real estate
after entry of a judgment of foreclosure in accordance with
Sections 15-1402 and 15-1403.
(h) Proceedings Against Certain Occupants.
(1) The mortgagee-in-possession of the mortgaged real

SB3733 Enrolled - 1885 - LRB096 19592 AMC 34984 b
estate under Section 15-1703, a receiver appointed under
Section 15-1704, a holder of the certificate of sale or
deed, or the purchaser may, at any time during the pendency
of the foreclosure and up to 90 days after the date of the
order confirming the sale, file a supplemental petition for
possession against a person not personally named as a party
to the foreclosure. The supplemental petition for
possession shall name each such occupant against whom
possession is sought and state the facts upon which the
claim for relief is premised.
(2) The petitioner shall serve upon each named occupant
the petition, a notice of hearing on the petition, and, if
any, a copy of the certificate of sale or deed. The
proceeding for the termination of such occupant's
possessory interest, including service of the notice of the
hearing and the petition, shall in all respects comport
with the requirements of Article 9 of this Code, except as
otherwise specified in this Section. The hearing shall be
no less than 21 days from the date of service of the
notice.
(3) The supplemental petition shall be heard as part of
the foreclosure proceeding and without the payment of
additional filing fees. An order for possession obtained
under this Section shall name each occupant whose interest
has been terminated, shall recite that it is only effective
as to the occupant so named and those holding under them,

SB3733 Enrolled - 1886 - LRB096 19592 AMC 34984 b
and shall be enforceable for no more than 120 days after
its entry, except that the 120-day period may be extended
to the extent and in the manner provided in Section 9-117
of Article 9 and except as provided in item (4) of this
subsection (h).
(4) In a case of foreclosure where the occupant is
current on his or her rent, or where timely written notice
of to whom and where the rent is to be paid has not been
provided to the occupant, or where the occupant has made
good-faith efforts to make rental payments in order to keep
current, any order of possession must allow the occupant to
retain possession of the property covered in his or her
rental agreement (i) for 120 days following the notice of
the hearing on the supplemental petition that has been
properly served upon the occupant, or (ii) through the
duration of his or her lease, whichever is shorter,
provided that if the duration of his or her lease is less
than 30 days from the date of the order, the order shall
allow the occupant to retain possession for 30 days from
the date of the order. A mortgagee in possession, receiver,
holder of a certificate of sale or deed, or purchaser at
the judicial sale, who asserts that the occupant is not
current in rent, shall file an affidavit to that effect in
the supplemental petition proceeding. If the occupant has
been given timely written notice of to whom and where the
rent is to be paid, this item (4) shall only apply if the

SB3733 Enrolled - 1887 - LRB096 19592 AMC 34984 b
occupant continues to pay his or her rent in full during
the 120-day period or has made good-faith efforts to pay
the rent in full during that period. No
mortgagee-in-possession, receiver or holder of a
certificate of sale or deed, or purchaser who fails to file
a supplemental petition under this subsection during the
pendency of a mortgage foreclosure shall file a forcible
entry and detainer action against an occupant of the
mortgaged real estate until 90 days after a notice of
intent to file such action has been properly served upon
the occupant.
(5) The court records relating to a supplemental
petition for possession filed under this subsection (h)
against an occupant who is entitled to notice under item
(4) of this subsection (h), or relating to a forcible entry
and detainer action brought against an occupant who would
have lawful possession of the premises but for the
foreclosure of a mortgage on the property, shall be ordered
sealed and shall not be disclosed to any person, other than
a law enforcement officer or any other representative of a
governmental entity, except upon further order of the
court.
(Source: P.A. 95-262, eff. 1-1-08; 95-933, eff. 8-26-08; 96-60,
eff. 7-23-09; 96-111, eff. 10-29-09; revised 8-20-09.)
Section 630. The Eminent Domain Act is amended by changing

SB3733 Enrolled - 1888 - LRB096 19592 AMC 34984 b
Section 15-5-15 as follows:
(735 ILCS 30/15-5-15)
Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
through 75. The following provisions of law may include express
grants of the power to acquire property by condemnation or
eminent domain:
(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
authorities; for public airport facilities.
(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
authorities; for removal of airport hazards.
(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
authorities; for reduction of the height of objects or
structures.
(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
airport authorities; for general purposes.
(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
Act; Kankakee River Valley Area Airport Authority; for
acquisition of land for airports.
(70 ILCS 200/2-20); Civic Center Code; civic center
authorities; for grounds, centers, buildings, and parking.
(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
Exposition, Auditorium and Office Building Authority; for

SB3733 Enrolled - 1889 - LRB096 19592 AMC 34984 b
grounds, centers, buildings, and parking.
(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
District Civic Center Authority; for grounds, centers,
buildings, and parking.
(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/60-30); Civic Center Code; Collinsville
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/80-15); Civic Center Code; DuPage County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.

SB3733 Enrolled - 1890 - LRB096 19592 AMC 34984 b
(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/120-25); Civic Center Code; Jefferson County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/150-35); Civic Center Code; Mason County Civic
Center Authority; for grounds, centers, buildings, and
parking.

SB3733 Enrolled - 1891 - LRB096 19592 AMC 34984 b
(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/165-35); Civic Center Code; Melrose Park
Metropolitan Exposition Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
Exposition, Auditorium and Office Building Authorities;
for general purposes.
(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City
Civic Center Authority; for grounds, centers, buildings,
and parking.

SB3733 Enrolled - 1892 - LRB096 19592 AMC 34984 b
(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/230-35); Civic Center Code; River Forest
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/255-20); Civic Center Code; Springfield
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/265-20); Civic Center Code; Vermilion County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
Center Authority; for grounds, centers, buildings, and

SB3733 Enrolled - 1893 - LRB096 19592 AMC 34984 b
parking.
(70 ILCS 200/280-20); Civic Center Code; Will County
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
Act; Metropolitan Pier and Exposition Authority; for
general purposes, including quick-take power.
(70 ILCS 405/22.04); Soil and Water Conservation Districts Act;
soil and water conservation districts; for general
purposes.
(70 ILCS 410/10 and 410/12); Conservation District Act;
conservation districts; for open space, wildland, scenic
roadway, pathway, outdoor recreation, or other
conservation benefits.
(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
Redevelopment Commission Act; Chanute-Rantoul National
Aviation Center Redevelopment Commission; for general
purposes.
(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
Fort Sheridan Redevelopment Commission; for general
purposes or to carry out comprehensive or redevelopment
plans.
(70 ILCS 520/8); Southwestern Illinois Development Authority
Act; Southwestern Illinois Development Authority; for
general purposes, including quick-take power.
(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;

SB3733 Enrolled - 1894 - LRB096 19592 AMC 34984 b
drainage districts; for general purposes.
(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
corporate authorities; for construction and maintenance of
works.
(70 ILCS 705/10); Fire Protection District Act; fire protection
districts; for general purposes.
(70 ILCS 750/20); Flood Prevention District Act; flood
prevention districts; for general purposes.
(70 ILCS 805/6); Downstate Forest Preserve District Act;
certain forest preserve districts; for general purposes.
(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
certain forest preserve districts; for recreational and
cultural facilities.
(70 ILCS 810/8); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for general
purposes.
(70 ILCS 810/38); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for recreational
facilities.
(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
districts; for hospitals or hospital facilities.
(70 ILCS 915/3); Illinois Medical District Act; Illinois
Medical District Commission; for general purposes.
(70 ILCS 915/4.5); Illinois Medical District Act; Illinois
Medical District Commission; quick-take power for the
Illinois State Police Forensic Science Laboratory

SB3733 Enrolled - 1895 - LRB096 19592 AMC 34984 b
(obsolete).
(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
tuberculosis sanitarium districts; for tuberculosis
sanitariums.
(70 ILCS 925/20); Mid-Illinois Medical District Act;
Mid-Illinois Medical District; for general purposes.
(70 ILCS 930/20); Mid-America Medical District Act;
Mid-America Medical District Commission; for general
purposes.
(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
abatement districts; for general purposes.
(70 ILCS 1105/8); Museum District Act; museum districts; for
general purposes.
(70 ILCS 1205/7-1); Park District Code; park districts; for
streets and other purposes.
(70 ILCS 1205/8-1); Park District Code; park districts; for
parks.
(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
districts; for airports and landing fields.
(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
districts; for State land abutting public water and certain
access rights.
(70 ILCS 1205/11.1-3); Park District Code; park districts; for
harbors.
(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
park districts; for street widening.

SB3733 Enrolled - 1896 - LRB096 19592 AMC 34984 b
(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control
Act; park districts; for parks, boulevards, driveways,
parkways, viaducts, bridges, or tunnels.
(70 ILCS 1250/2); Park Commissioners Street Control (1889) Act;
park districts; for boulevards or driveways.
(70 ILCS 1290/1); Park District Aquarium and Museum Act;
municipalities or park districts; for aquariums or
museums.
(70 ILCS 1305/2); Park District Airport Zoning Act; park
districts; for restriction of the height of structures.
(70 ILCS 1310/5); Park District Elevated Highway Act; park
districts; for elevated highways.
(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
District; for parks and other purposes.
(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
District; for parking lots or garages.
(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
District; for harbors.
(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
Act; Lincoln Park Commissioners; for land and interests in
land, including riparian rights.
(70 ILCS 1805/8); Havana Regional Port District Act; Havana
Regional Port District; for general purposes.
(70 ILCS 1810/7); Illinois International Port District Act;
Illinois International Port District; for general
purposes.

SB3733 Enrolled - 1897 - LRB096 19592 AMC 34984 b
(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
Illinois Valley Regional Port District; for general
purposes.
(70 ILCS 1820/4); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for removal of airport hazards or reduction of
the height of objects or structures.
(70 ILCS 1820/5); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for general purposes.
(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of airport hazards.
(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of hazards from ports
and terminals.
(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
Regional Port District; for general purposes.
(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for removal of hazards
from ports and terminals.
(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for general purposes.
(70 ILCS 1831/30); Massac-Metropolis Port District Act;

SB3733 Enrolled - 1898 - LRB096 19592 AMC 34984 b
Massac-Metropolis Port District; for general purposes.
(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for removal of airport
hazards.
(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for reduction of the height
of objects or structures.
(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for general purposes.
(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
Regional Port District; for removal of airport hazards.
(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
Regional Port District; for general purposes.
(70 ILCS 1850/4); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for removal of airport
hazards or reduction of the height of objects or
structures.
(70 ILCS 1850/5); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for general purposes.
(70 ILCS 1855/4); Southwest Regional Port District Act;
Southwest Regional Port District; for removal of airport
hazards or reduction of the height of objects or
structures.

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(70 ILCS 1855/5); Southwest Regional Port District Act;
Southwest Regional Port District; for general purposes.
(70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City
Regional Port District; for removal of airport hazards.
(70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City
Regional Port District; for the development of facilities.
(70 ILCS 1863/11); Upper Mississippi River International Port
District Act; Upper Mississippi River International Port
District; for general purposes.
(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
District; for removal of airport hazards.
(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
District; for restricting the height of objects or
structures.
(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
District; for the development of facilities.
(70 ILCS 1870/8); White County Port District Act; White County
Port District; for the development of facilities.
(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
Terminal Authority (Chicago); for general purposes.
(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
Act; Grand Avenue Railroad Relocation Authority; for
general purposes, including quick-take power (now
obsolete).
(70 ILCS 2105/9b); River Conservancy Districts Act; river
conservancy districts; for general purposes.

SB3733 Enrolled - 1900 - LRB096 19592 AMC 34984 b
(70 ILCS 2105/10a); River Conservancy Districts Act; river
conservancy districts; for corporate purposes.
(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
districts; for corporate purposes.
(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
districts; for improvements and works.
(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
districts; for access to property.
(70 ILCS 2305/8); North Shore Sanitary District Act; North
Shore Sanitary District; for corporate purposes.
(70 ILCS 2305/15); North Shore Sanitary District Act; North
Shore Sanitary District; for improvements.
(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
District of Decatur; for carrying out agreements to sell,
convey, or disburse treated wastewater to a private entity.
(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
districts; for corporate purposes.
(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary
districts; for improvements.
(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
1917; sanitary districts; for waterworks.
(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
districts; for public sewer and water utility treatment
works.
(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
districts; for dams or other structures to regulate water

SB3733 Enrolled - 1901 - LRB096 19592 AMC 34984 b
flow.
(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
Metropolitan Water Reclamation District; for corporate
purposes.
(70 ILCS 2605/16); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; quick-take
power for improvements.
(70 ILCS 2605/17); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for bridges.
(70 ILCS 2605/35); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for widening
and deepening a navigable stream.
(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
districts; for corporate purposes.
(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
districts; for improvements.
(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936;
sanitary districts; for drainage systems.
(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
districts; for water supply.
(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
districts; for waterworks.
(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;

SB3733 Enrolled - 1902 - LRB096 19592 AMC 34984 b
Metro-East Sanitary District; for corporate purposes.
(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
Metro-East Sanitary District; for access to property.
(70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary
districts; for sewerage systems.
(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
Illinois Sports Facilities Authority; quick-take power for
its corporate purposes (obsolete).
(70 ILCS 3405/16); Surface Water Protection District Act;
surface water protection districts; for corporate
purposes.
(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
Transit Authority; for transportation systems.
(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
Transit Authority; for general purposes.
(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
Transit Authority; for general purposes, including
railroad property.
(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
local mass transit districts; for general purposes.
(70 ILCS 3615/2.13); Regional Transportation Authority Act;
Regional Transportation Authority; for general purposes.
(70 ILCS 3705/8 and 3705/12); Public Water District Act; public
water districts; for waterworks.
(70 ILCS 3705/23a); Public Water District Act; public water
districts; for sewerage properties.

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(70 ILCS 3705/23e); Public Water District Act; public water
districts; for combined waterworks and sewerage systems.
(70 ILCS 3715/6); Water Authorities Act; water authorities; for
facilities to ensure adequate water supply.
(70 ILCS 3715/27); Water Authorities Act; water authorities;
for access to property.
(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
trustees; for library buildings.
(75 ILCS 16/30-55.80); Public Library District Act of 1991;
public library districts; for general purposes.
(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
authorities of city or park district, or board of park
commissioners; for free public library buildings.
(Source: P.A. 94-1055, eff. 1-1-07; 94-1109, eff. 2-23-07;
95-693, eff. 11-5-07; incorporates 96-838, eff. 12-16-09;
revised 1-4-10.)
(735 ILCS 30/15-5-45 rep.)
Section 632. The Eminent Domain Act is amended by repealing
Section 15-5-45.
Section 635. The Illinois Antitrust Act is amended by
changing Section 7.2 as follows:
(740 ILCS 10/7.2) (from Ch. 38, par. 60-7.2)
Sec. 7.2. (1) Whenever it appears to the Attorney General

SB3733 Enrolled - 1904 - LRB096 19592 AMC 34984 b
that any person has engaged in, is engaging in, or is about to
engage in any act or practice prohibited by this Act, or that
any person has assisted or participated in any agreement or
combination of the nature described herein, he may, in his
discretion, conduct an investigation as he deems necessary in
connection with the matter and has the authority prior to the
commencement of any civil or criminal action as provided for in
the Act to subpoena witnesses, and pursuant to a subpoena (i)
compel their attendance for the purpose of examining them under
oath, (ii) require the production of any books, documents,
records, writings or tangible things hereafter referred to as
"documentary material" which the Attorney General deems
relevant or material to his investigation, for inspection,
reproducing or copying under such terms and conditions as
hereafter set forth, (iii) require written answers under oath
to written interrogatories, or (iv) require compliance with a
combination of the foregoing. Any subpoena issued by the
Attorney General shall contain the following information:
(a) The statute and section thereof, the alleged
violation of which is under investigation and the general
subject matter of the investigation.
(b) The date and place at which time the person is
required to appear or produce documentary material in his
possession, custody or control or submit answers to
interrogatories in the office of the Attorney General
located in Springfield or Chicago. Said date shall not be

SB3733 Enrolled - 1905 - LRB096 19592 AMC 34984 b
less than 10 days from date of service of the subpoena.
(c) Where documentary material is required to be
produced, the same shall be described by class so as to
clearly indicate the material demanded.
The Attorney General is hereby authorized, and may so
elect, to require the production, pursuant to this section, of
documentary material or interrogatory answers prior to the
taking of any testimony of the person subpoenaed. Said
documentary material shall be made available for inspection and
copying during normal business hours at the principal place of
business of the person served, or at such other time and place,
as may be agreed upon by the person served and the Attorney
General. When documentary material is demanded by subpoena,
said subpoena shall not:
(i) contain any requirement which would be
unreasonable or improper if contained in a subpoena duces
tecum issued by a court of this State; or
(ii) require the disclosure of any documentary
material which would be privileged, or which for any other
reason would not be required by a subpoena duces tecum
issued by a court of this State.
(2) (d) The production of documentary material in response
to a subpoena served pursuant to this Section shall be made
under a sworn certificate, in such form as the subpoena
designates, by the person, if a natural person, to whom the
demand is directed or, if not a natural person, by a person or

SB3733 Enrolled - 1906 - LRB096 19592 AMC 34984 b
persons having knowledge of the facts and circumstances
relating to such production, to the effect that all of the
documentary material required by the demand and in the
possession, custody, or control of the person to whom the
demand is directed has been produced and made available to the
custodian. Answers to interrogatories shall be accompanied by a
statement under oath attesting to the accuracy of the answers.
While in the possession of the Attorney General and under
such reasonable terms and conditions as the Attorney General
shall prescribe: (A) documentary material shall be available
for examination by the person who produced such material or by
any duly authorized representative of such person, (B)
transcript of oral testimony shall be available for examination
by the person who produced such testimony, or his or her
counsel and (C) answers to interrogatories shall be available
for examination by the person who swore to their accuracy.
Except as otherwise provided in this Section, no
documentary material, transcripts of oral testimony, or
answers to interrogatories, or copies thereof, in the
possession of the Attorney General shall be available for
examination by any individual other than an authorized employee
of the Attorney General or other law enforcement officials,
federal, State, or local, without the consent of the person who
produced such material, transcripts, or interrogatory answers.
For purposes of this Section, all documentary materials,
transcripts of oral testimony, or answers to interrogatories

SB3733 Enrolled - 1907 - LRB096 19592 AMC 34984 b
obtained by the Attorney General from other law enforcement
officials shall be treated as if produced pursuant to a
subpoena served pursuant to this Section for purposes of
maintaining the confidentiality of such information.
(3) (e) No person shall, with intent to avoid, evade,
prevent, or obstruct compliance in whole or in part by any
person with any duly served subpoena of the Attorney General
under this Act, knowingly remove from any place, conceal,
withhold, destroy, mutilate, alter, or by any other means
falsify any documentary material that is the subject of such
subpoena. A violation of this subsection is a Class A
misdemeanor. The Attorney General, with such assistance as he
may from time to time require of the State's Attorneys in the
several counties, shall investigate suspected violations of
this subsection and shall commence and try all prosecutions
under this subsection.
(Source: P.A. 96-751, eff. 1-1-10; revised 11-4-09.)
Section 640. The Probate Act of 1975 is amended by changing
Section 13-3.1 as follows:
(755 ILCS 5/13-3.1) (from Ch. 110 1/2, par. 13-3.1)
Sec. 13-3.1. (a) Compensation of public guardian.)
(a) In counties having a population in excess of 1,000,000
the public guardian shall be paid an annual salary, to be set
by the County Board at a figure not to exceed the salary of the

SB3733 Enrolled - 1908 - LRB096 19592 AMC 34984 b
public defender for the county. All expenses connected with the
operation of the office shall be subject to the approval of the
County Board and shall be paid from the county treasury. All
fees collected shall be paid into the county treasury.
(b) In counties having a population of 1,000,000 or less
the public guardian shall receive all the fees of his office
and bear the expenses connected with the operation of the
office. A public guardian shall be entitled to reasonable and
appropriate compensation for services related to guardianship
duties but all fees must be reviewed and approved by the court.
A public guardian may petition the court for the payment of
reasonable and appropriate fees. In counties having a
population of 1,000,000 or less, the public guardian shall do
so on not less than a yearly basis, or sooner as approved by
the court. Any fees or expenses charged by a public guardian
shall be documented through billings and maintained by the
guardian and supplied to the court for review. In considering
the reasonableness of any fee petition brought by a public
guardian under this Section, the court shall consider the
following:
(1) the powers and duties assigned to the public
guardian by the court;
(2) the necessity of any services provided;
(3) the time required, the degree of difficulty, and
the experience needed to complete the task;
(4) the needs of the ward and the costs of

SB3733 Enrolled - 1909 - LRB096 19592 AMC 34984 b
alternatives; and
(5) other facts and circumstances material to the best
interests of the ward or his or her estate.
(c) When the public guardian is appointed as the temporary
guardian of a disabled adult pursuant to an emergency petition
under circumstances when the court finds that the immediate
establishment of a temporary guardianship is necessary to
protect the disabled adult's health, welfare, or estate, the
public guardian shall be entitled to reasonable and appropriate
fees, as determined by the court, for the period of the
temporary guardianship, including fees directly associated
with establishing the temporary guardianship.
(Source: P.A. 96-752, eff. 1-1-10; revised 11-4-09.)
Section 645. The Health Care Surrogate Act is amended by
changing Section 15 as follows:
(755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15)
Sec. 15. Applicability. This Act applies to patients who
lack decisional capacity or who have a qualifying condition.
This Act does not apply to instances in which the patient has
an operative and unrevoked living will under the Illinois
Living Will Act, an operative and unrevoked declaration for
mental health treatment under the Mental Health Treatment
Preferences Declaration Act, or an authorized agent under a
power of attorney for health care under the Illinois Power of

SB3733 Enrolled - 1910 - LRB096 19592 AMC 34984 b
Attorney Act and the patient's condition falls within the
coverage of the living will, the declaration for mental health
treatment, or the power of attorney for health care. In those
instances, the living will, declaration for mental health
treatment, or power of attorney for health care, as the case
may be, shall be given effect according to its terms. This Act
does apply in circumstances in which a patient has a qualifying
condition but the patient's condition does not fall within the
coverage of the living will, the declaration for mental health
treatment, or the power of attorney for health care.
Each health care facility shall maintain any advance
directives proffered by the patient or other authorized person,
including a do not resuscitate order, a living will, a
declaration for mental health treatment, a declaration of a
potential surrogate or surrogates should the person become
incapacitated or impaired, or a power of attorney for health
care, in the patient's medical records. This Act does apply to
patients without a qualifying condition. If a patient is an
adult with decisional capacity, then the right to refuse
medical treatment or life-sustaining treatment does not
require the presence of a qualifying condition.
(Source: P.A. 96-448, eff. 1-1-10; 96-492, eff. 8-14-09;
revised 9-4-09.)
Section 650. The Real Estate Timeshare Act of 1999 is
amended by changing Section 10-10 as follows:

SB3733 Enrolled - 1911 - LRB096 19592 AMC 34984 b
(765 ILCS 101/10-10)
Sec. 10-10. Cancellation of purchase contract. Any
purchase contract entered into by a purchaser of a time share
interest under this Act shall be voidable by the purchaser,
without penalty, within 5 calendar days after the receipt of
the public offering statement or the execution of the purchase
contract, whichever is later. The purchase contract shall
provide notice of the 5-day cancellation period, together with
the name and mailing address to which any notice of
cancellation shall be delivered. Notice of cancellation shall
be deemed timely if the notice is deposited with the United
States Postal Service not later than midnight of the fifth
calendar day.
Upon such cancellation, the developer or resale agent shall
refund to the purchaser all payments made by the purchaser,
less the amount of any benefits actually received pursuant to
the purchase contract. The refund shall be made within 20
calendar days after the receipt of the notice of cancellation,
or receipt of funds from the purchaser's cleared check,
whichever occurs later.
If a purchaser elects to cancel a purchase contract
pursuant to this Section, the purchaser may do so by hand
delivering a written notice of cancellation or by mailing a
notice of cancellation by certified mail, return receipt
requested, to the developer or resale agent ent, as applicable,

SB3733 Enrolled - 1912 - LRB096 19592 AMC 34984 b
at an address set forth in the purchase contract.
(Source: P.A. 91-585, eff. 1-1-00; revised 11-4-09.)
Section 655. The Condominium Property Act is amended by
changing Section 18.4 as follows:
(765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
Sec. 18.4. Powers and Duties of Board of Managers. The
board of managers shall exercise for the association all
powers, duties and authority vested in the association by law
or the condominium instruments except for such powers, duties
and authority reserved by law to the members of the
association. The powers and duties of the board of managers
shall include, but shall not be limited to, the following:
(a) To provide for the operation, care, upkeep,
maintenance, replacement and improvement of the common
elements. Nothing in this subsection (a) shall be deemed to
invalidate any provision in a condominium instrument
placing limits on expenditures for the common elements,
provided, that such limits shall not be applicable to
expenditures for repair, replacement, or restoration of
existing portions of the common elements. The term "repair,
replacement or restoration" means expenditures to
deteriorated or damaged portions of the property related to
the existing decorating, facilities, or structural or
mechanical components, interior or exterior surfaces, or

SB3733 Enrolled - 1913 - LRB096 19592 AMC 34984 b
energy systems and equipment with the functional
equivalent of the original portions of such areas.
Replacement of the common elements may result in an
improvement over the original quality of such elements or
facilities; provided that, unless the improvement is
mandated by law or is an emergency as defined in item (iv)
of subparagraph (8) of paragraph (a) of Section 18, if the
improvement results in a proposed expenditure exceeding 5%
of the annual budget, the board of managers, upon written
petition by unit owners with 20% of the votes of the
association delivered to the board within 14 days of the
board action to approve the expenditure, shall call a
meeting of the unit owners within 30 days of the date of
delivery of the petition to consider the expenditure.
Unless a majority of the total votes of the unit owners are
cast at the meeting to reject the expenditure, it is
ratified.
(b) To prepare, adopt and distribute the annual budget
for the property.
(c) To levy and expend assessments.
(d) To collect assessments from unit owners.
(e) To provide for the employment and dismissal of the
personnel necessary or advisable for the maintenance and
operation of the common elements.
(f) To obtain adequate and appropriate kinds of
insurance.

SB3733 Enrolled - 1914 - LRB096 19592 AMC 34984 b
(g) To own, convey, encumber, lease, and otherwise deal
with units conveyed to or purchased by it.
(h) To adopt and amend rules and regulations covering
the details of the operation and use of the property, after
a meeting of the unit owners called for the specific
purpose of discussing the proposed rules and regulations.
Notice of the meeting shall contain the full text of the
proposed rules and regulations, and the meeting shall
conform to the requirements of Section 18(b) of this Act,
except that no quorum is required at the meeting of the
unit owners unless the declaration, bylaws or other
condominium instrument expressly provides to the contrary.
However, no rule or regulation may impair any rights
guaranteed by the First Amendment to the Constitution of
the United States or Section 4 of Article I of the Illinois
Constitution including, but not limited to, the free
exercise of religion, nor may any rules or regulations
conflict with the provisions of this Act or the condominium
instruments. No rule or regulation shall prohibit any
reasonable accommodation for religious practices,
including the attachment of religiously mandated objects
to the front-door area of a condominium unit.
(i) To keep detailed, accurate records of the receipts
and expenditures affecting the use and operation of the
property.
(j) To have access to each unit from time to time as

SB3733 Enrolled - 1915 - LRB096 19592 AMC 34984 b
may be necessary for the maintenance, repair or replacement
of any common elements or for making emergency repairs
necessary to prevent damage to the common elements or to
other units.
(k) To pay real property taxes, special assessments,
and any other special taxes or charges of the State of
Illinois or of any political subdivision thereof, or other
lawful taxing or assessing body, which are authorized by
law to be assessed and levied upon the real property of the
condominium.
(l) To impose charges for late payment of a unit
owner's proportionate share of the common expenses, or any
other expenses lawfully agreed upon, and after notice and
an opportunity to be heard, to levy reasonable fines for
violation of the declaration, by-laws, and rules and
regulations of the association.
(m) Unless the condominium instruments expressly
provide to the contrary, by a majority vote of the entire
board of managers, to assign the right of the association
to future income from common expenses or other sources, and
to mortgage or pledge substantially all of the remaining
assets of the association.
(n) To record the dedication of a portion of the common
elements to a public body for use as, or in connection
with, a street or utility where authorized by the unit
owners under the provisions of Section 14.2.

SB3733 Enrolled - 1916 - LRB096 19592 AMC 34984 b
(o) To record the granting of an easement for the
laying of cable television cable where authorized by the
unit owners under the provisions of Section 14.3; to
obtain, if available and determined by the board to be in
the best interests of the association, cable television
service for all of the units of the condominium on a bulk
identical service and equal cost per unit basis; and to
assess and recover the expense as a common expense and, if
so determined by the board, to assess each and every unit
on the same equal cost per unit basis.
(p) To seek relief on behalf of all unit owners when
authorized pursuant to subsection (c) of Section 10 from or
in connection with the assessment or levying of real
property taxes, special assessments, and any other special
taxes or charges changes of the State of Illinois or of any
political subdivision thereof or of any lawful taxing or
assessing body.
(q) To reasonably accommodate the needs of a
handicapped unit owner as required by the federal Civil
Rights Act of 1968, the Human Rights Act and any applicable
local ordinances in the exercise of its powers with respect
to the use of common elements or approval of modifications
in an individual unit.
(r) To accept service of a notice of claim for purposes
of the Mechanics Lien Act on behalf of each respective
member of the Unit Owners' Association with respect to

SB3733 Enrolled - 1917 - LRB096 19592 AMC 34984 b
improvements performed pursuant to any contract entered
into by the Board of Managers or any contract entered into
prior to the recording of the condominium declaration
pursuant to this Act, for a property containing more than 8
units, and to distribute the notice to the unit owners
within 7 days of the acceptance of the service by the Board
of Managers. The service shall be effective as if each
individual unit owner had been served individually with
notice.
In the performance of their duties, the officers and
members of the board, whether appointed by the developer or
elected by the unit owners, shall exercise the care required of
a fiduciary of the unit owners.
The collection of assessments from unit owners by an
association, board of managers or their duly authorized agents
shall not be considered acts constituting a collection agency
for purposes of the Collection Agency Act.
The provisions of this Section are applicable to all
condominium instruments recorded under this Act. Any portion of
a condominium instrument which contains provisions contrary to
these provisions shall be void as against public policy and
ineffective. Any such instrument that fails to contain the
provisions required by this Section shall be deemed to
incorporate such provisions by operation of law.
(Source: P.A. 94-384, eff. 1-1-06; 94-729, eff. 1-1-07; revised
11-4-09.)

SB3733 Enrolled - 1918 - LRB096 19592 AMC 34984 b
Section 660. The Uniform Disposition of Unclaimed Property
Act is amended by changing Section 18 as follows:
(765 ILCS 1025/18) (from Ch. 141, par. 118)
Sec. 18. Deposit of funds received under the Act.
(a) The State Treasurer shall retain all funds received
under this Act, including the proceeds from the sale of
abandoned property under Section 17, in a trust fund. The State
Treasurer may deposit any amount in the Trust Fund into the
State Pensions Fund during the fiscal year at his or her
discretion; however, he or she shall, on April 15 and October
15 of each year, deposit any amount in the trust fund exceeding
$2,500,000 into the State Pensions Fund. All amounts in excess
of $2,500,000 that are deposited into the State Pensions
Pension Fund from the unclaimed Property Trust Fund shall be
apportioned to the designated retirement systems as provided in
subsection (c-6) of Section 8.12 of the State state Finance Act
to reduce their actuarial reserve deficiencies. He or she shall
make prompt payment of claims he or she duly allows as provided
for in this Act for the trust fund. Before making the deposit
the State Treasurer shall record the name and last known
address of each person appearing from the holders' reports to
be entitled to the abandoned property. The record shall be
available for public inspection during reasonable business
hours.

SB3733 Enrolled - 1919 - LRB096 19592 AMC 34984 b
(b) Before making any deposit to the credit of the State
Pensions Fund, the State Treasurer may deduct: (1) any costs in
connection with sale of abandoned property, (2) any costs of
mailing and publication in connection with any abandoned
property, and (3) any costs in connection with the maintenance
of records or disposition of claims made pursuant to this Act.
The State Treasurer shall semiannually file an itemized report
of all such expenses with the Legislative Audit Commission.
(Source: P.A. 95-950, eff. 8-29-08; revised 11-4-09.)
Section 665. The General Not For Profit Corporation Act of
1986 is amended by changing Sections 104.05, 107.50, and 112.50
as follows:
(805 ILCS 105/104.05) (from Ch. 32, par. 104.05)
Sec. 104.05. Corporate name of domestic or foreign
corporation.
(a) The corporate name of a domestic corporation or of a
foreign corporation organized, existing or subject to the
provisions of this Act:
(1) May contain, separate and apart from any other word
or abbreviation in such name, the word "corporation,"
"company," "incorporated," or "limited," or an
abbreviation of one of such words;
(2) Must end with the letters "NFP" if the corporate
name contains any word or phrase which indicates or implies

SB3733 Enrolled - 1920 - LRB096 19592 AMC 34984 b
that the corporation is organized for any purpose other
than a purpose for which corporations may be organized
under this Act or a purpose other than a purpose set forth
in the corporation's articles of incorporation;
(3) Shall be distinguishable upon the records in the
office of the Secretary of State from the name or assumed
name of any domestic corporation or limited liability
company organized under the Limited Liability Company Act,
whether for profit or not for profit, existing under any
Act of this State or the name or assumed name of any
foreign corporation or foreign limited liability company
registered under the Limited Liability Company Act,
whether for profit or not for profit, authorized to
transact business or conduct affairs in this State, or a
name the exclusive right to which is, at the time, reserved
or registered in the manner provided in this Act or Section
1-15 of the Limited Liability Company Act, except that,
subject to the discretion of the Secretary of State, a
foreign corporation that has a name prohibited by this
paragraph may be granted authority to conduct its affairs
in this State, if the foreign corporation:
(i) Elects to adopt an assumed corporation name or
names in accordance with Section 104.15 of this Act;
and
(ii) Agrees in its application for authority to
conduct affairs in this State only under such assumed

SB3733 Enrolled - 1921 - LRB096 19592 AMC 34984 b
corporate name or names;
(4) Shall not contain a word or phrase, or an
abbreviation or derivation thereof, the use of which is
prohibited or restricted by any other statute of this State
unless such restriction has been complied with;
(5) Shall consist of letters of the English alphabet,
Arabic or Roman numerals, or symbols capable of being
readily reproduced by the office of the Secretary of State;
(6) Shall not contain the words "regular democrat,"
"regular democratic," "regular republican," "democrat,"
"democratic," or "republican," nor the name of any other
established political party, unless consent to usage of
such words or name is given to the corporation by the State
central committee of such established political party;
notwithstanding any other provisions of this Act, any
corporation, whose name at the time this amendatory Act
takes effect contains any of the words listed in this
paragraph shall certify to the Secretary of State no later
than January 1, 1989, that consent has been given by the
State central committee; consent given to a corporation by
the State central committee to use the above listed words
may be revoked upon notification to the corporation and the
Secretary of State;
(7) Shall be the name under which the corporation shall
conduct affairs in this State unless the corporation shall
also elect to adopt an assumed corporate name or names as

SB3733 Enrolled - 1922 - LRB096 19592 AMC 34984 b
provided in this Act; provided, however, that the
corporation may use any divisional designation or trade
name without complying with the requirements of this Act,
provided the corporation also clearly discloses its
corporate name; and
(8) Shall not, as to any corporation organized or
amending its corporate name on or after April 3, 2009 (the
effective date of Public Act 96-7) this amendatory Act of
the 96th General Assembly, without the express written
consent of the United States Olympic Committee, contain the
words: (i) "Olympic"; (ii) "Olympiad"; (iii) "Paralympic";
(iv) "Paralympiad"; (v) "Citius Altius Fortius"; (vi)
"CHICOG"; or (vii) "Chicago 2016".
(b) The Secretary of State shall determine whether a name
is "distinguishable" from another name for purposes of this
Act. Without excluding other names which may not constitute
distinguishable names in this State, a name is not considered
distinguishable, for purposes of this Act, solely because it
contains one or more of the following:
(1) The word "corporation," "company," "incorporated,"
or "limited" or an abbreviation of one of such words;
(2) Articles, conjunctions, contractions,
abbreviations, different tenses or number of the same word.
(c) Nothing in this Section or Sections 104.15 or 104.20 of
this Act shall:
(1) Require any domestic corporation existing or any

SB3733 Enrolled - 1923 - LRB096 19592 AMC 34984 b
foreign corporation having authority to conduct affairs on
the effective date of this Act, to modify or otherwise
change its corporate name or assumed corporate name, if
any; or
(2) Abrogate or limit the common law or statutory law
of unfair competition or unfair trade practices, nor
derogate from the common law or principles of equity or the
statutes of this State or of the United States with respect
to the right to acquire and protect copyrights, trade
names, trade marks, service names, service marks, or any
other right to the exclusive use of name or symbols.
(Source: P.A. 96-7, eff. 4-3-09; 96-66, eff. 1-1-10; 96-328,
eff. 8-11-09; revised 9-25-09.)
(805 ILCS 105/107.50) (from Ch. 32, par. 107.50)
Sec. 107.50. Proxies. A member entitled to vote may vote in
person or, unless the articles of incorporation or bylaws
explicitly prohibit, by proxy executed in writing by the member
or by that member's duly authorized attorney-in-fact. No proxy
shall be valid after 11 months from the date of its execution,
unless otherwise provided in the proxy. Unless otherwise
prohibited by the articles of incorporation or bylaws, the
election of directors, officers, or representatives by members
may be conducted by mail, e-mail email, or any other electronic
means as set forth in subsection (a) of Section 107.10.
(Source: P.A. 96-648, eff. 10-1-09; 96-649, eff. 1-1-10;

SB3733 Enrolled - 1924 - LRB096 19592 AMC 34984 b
revised 9-25-09.)
(805 ILCS 105/112.50) (from Ch. 32, par. 112.50)
Sec. 112.50. Grounds for judicial dissolution. A Circuit
Court may dissolve a corporation:
(a) In an action by the Attorney General, if it is
established that:
(1) the corporation filed its articles of
incorporation through fraud; or
(2) the corporation has continued to exceed or abuse
the authority conferred upon it by law, or has continued to
violate the law, after notice of the same has been given to
such corporation, either personally or by registered mail;
or
(3) any interrogatory propounded by the Secretary of
State to the corporation, its officers or directors, as
provided in this Act, has been answered falsely or has not
been answered fully within 30 days after the mailing of
such interrogatories by the Secretary of State or within
such extension of time as shall have been authorized by the
Secretary of State;
(4) the corporation has solicited money and failed to
use the money for the purpose which it was solicited, or
has fraudulently solicited money or fraudulently used the
money solicited; or
(5) the corporation has substantially and willfully

SB3733 Enrolled - 1925 - LRB096 19592 AMC 34984 b
violated the provisions of the Consumer Fraud and Deceptive
Business Practices Act.
(b) In an action by a member entitled to vote, or a
director, if it is established that:
(1) the directors are deadlocked, whether because of
even division in the number thereof or because of greater
than majority voting requirements in the articles of
incorporation or the bylaws, in the management of the
corporate affairs; the members are unable to break the
deadlock; and irreparable injury to the corporation is
thereby caused or threatened;
(2) the directors or those in control of the
corporation have acted, are acting, or will act in a manner
that is illegal, oppressive or fraudulent;
(3) the corporate assets are being misapplied or
wasted; or
(4) the corporation is unable to carry out its
purposes.
(c) In an action by a creditor, if it is established that:
(1) the creditor's claim has been reduced to judgment,
the judgment has been returned unsatisfied, and the
corporation is insolvent; or
(2) the corporation has admitted in writing that the
creditor's claim is due and owing, and the corporation is
insolvent.
(d) In an action by the corporation to dissolve under court

SB3733 Enrolled - 1926 - LRB096 19592 AMC 34984 b
supervision, if it is established that the corporation is
unable to carry out its purposes.
(Source: P.A. 96-66, eff. 1-1-10; revised 11-4-09.)
Section 670. The Limited Liability Company Act is amended
by changing Section 1-10 and by setting forth and renumbering
multiple versions of Section 1-26 as follows:
(805 ILCS 180/1-10)
Sec. 1-10. Limited liability company name.
(a) The name of each limited liability company as set forth
in its articles of organization:
(1) shall contain the terms "limited liability
company", "L.L.C.", or "LLC", or, if organized as a
low-profit limited liability company under Section 1-26 of
this Act, shall contain the term "L3C";
(2) may not contain a word or phrase, or an
abbreviation or derivation thereof, the use of which is
prohibited or restricted by any other statute of this State
unless the restriction has been complied with;
(3) shall consist of letters of the English alphabet,
Arabic or Roman numerals, or symbols capable of being
readily reproduced by the Office of the Secretary of State;
(4) shall not contain any of the following terms:
"Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"
"Co.," "Limited Partnership" or "L.P.";

SB3733 Enrolled - 1927 - LRB096 19592 AMC 34984 b
(5) shall be the name under which the limited liability
company transacts business in this State unless the limited
liability company also elects to adopt an assumed name or
names as provided in this Act; provided, however, that the
limited liability company may use any divisional
designation or trade name without complying with the
requirements of this Act, provided the limited liability
company also clearly discloses its name;
(6) shall not contain any word or phrase that indicates
or implies that the limited liability company is authorized
or empowered to be in the business of a corporate fiduciary
unless otherwise permitted by the Commissioner of the
Office of Banks and Real Estate under Section 1-9 of the
Corporate Fiduciary Act. The word "trust", "trustee", or
"fiduciary" may be used by a limited liability company only
if it has first complied with Section 1-9 of the Corporate
Fiduciary Act;
(7) shall contain the word "trust", if it is a limited
liability company organized for the purpose of accepting
and executing trusts; and
(8) shall not, as to any limited liability company
organized or amending its company name on or after April 3,
2009 (the effective date of Public Act 96-7) this
amendatory Act of the 96th General Assembly, without the
express written consent of the United States Olympic
Committee, contain the words: (i) "Olympic"; (ii)

SB3733 Enrolled - 1928 - LRB096 19592 AMC 34984 b
"Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v)
"Citius Altius Fortius"; (vi) "CHICOG"; or (vii) "Chicago
2016".
(b) Nothing in this Section or Section 1-20 shall abrogate
or limit the common law or statutory law of unfair competition
or unfair trade practices, nor derogate from the common law or
principles of equity or the statutes of this State or of the
United States of America with respect to the right to acquire
and protect copyrights, trade names, trademarks, service
marks, service names, or any other right to the exclusive use
of names or symbols.
(c) (Blank).
(d) The name shall be distinguishable upon the records in
the Office of the Secretary of State from all of the following:
(1) Any limited liability company that has articles of
organization filed with the Secretary of State under
Section 5-5.
(2) Any foreign limited liability company admitted to
transact business in this State.
(3) Any name for which an exclusive right has been
reserved in the Office of the Secretary of State under
Section 1-15.
(4) Any assumed name that is registered with the
Secretary of State under Section 1-20.
(5) Any corporate name or assumed corporate name of a
domestic or foreign corporation subject to the provisions

SB3733 Enrolled - 1929 - LRB096 19592 AMC 34984 b
of Section 4.05 of the Business Corporation Act of 1983 or
Section 104.05 of the General Not For Profit Corporation
Act of 1986.
(e) The provisions of subsection (d) of this Section shall
not apply if the organizer files with the Secretary of State a
certified copy of a final decree of a court of competent
jurisdiction establishing the prior right of the applicant to
the use of that name in this State.
(f) The Secretary of State shall determine whether a name
is "distinguishable" from another name for the purposes of this
Act. Without excluding other names that may not constitute
distinguishable names in this State, a name is not considered
distinguishable, for purposes of this Act, solely because it
contains one or more of the following:
(1) The word "limited", "liability" or "company" or an
abbreviation of one of those words.
(2) Articles, conjunctions, contractions,
abbreviations, or different tenses or number of the same
word.
(Source: P.A. 96-7, eff. 4-3-09; 96-126, eff. 1-1-10; revised
8-20-09.)
(805 ILCS 180/1-26)
Sec. 1-26. Low-profit limited liability company.
(a) A low-profit limited liability company shall at all
times significantly further the accomplishment of one or more

SB3733 Enrolled - 1930 - LRB096 19592 AMC 34984 b
charitable or educational purposes within the meaning of
Section 170(c)(2)(B) of the Internal Revenue Code of 1986, 26
U.S.C. 170(c)(2)(B), or its successor, and would not have been
formed but for the relationship to the accomplishment of such
charitable or educational purposes.
(b) A limited liability company which intends to qualify as
a low-profit limited liability company pursuant to the
provisions of this Section shall so indicate in its articles of
organization, and further state that:
(1) no significant purpose of the company is the
production of income or the appreciation of property;
however, the fact that a person produces significant income
or capital appreciation shall not, in the absence of other
factors, be conclusive evidence of a significant purpose
involving the production of income or the appreciation of
property; and
(2) no purpose of the company is to accomplish one or
more political or legislative purposes within the meaning
of Section 170(c)(2)(D) of the Internal Revenue Code of
1986, 26 U.S.C. 170(c)(2)(D), or its successor.
(c) A company that no longer satisfies the requirements of
this Section 1-26 continues to exist as a limited liability
company and shall promptly amend its articles of organization
so that its name and purpose no longer identify it as a
low-profit limited liability company or L3C.
(d) Any company operating or holding itself out as a

SB3733 Enrolled - 1931 - LRB096 19592 AMC 34984 b
low-profit limited liability company in Illinois, any company
formed as a low-profit limited liability company under this
Act, and any chief operating officer, director, or manager of
any such company is a "trustee" as defined in Section 3 of the
Charitable Trust Act.
(e) Nothing in this Section 1-26 prevents a limited
liability company that is not organized under it from electing
a charitable or educational purpose in whole or in part for
doing business under this Act.
(Source: P.A. 96-126, eff. 1-1-10.)
(805 ILCS 180/1-28)
Sec. 1-28 1-26. Certificate of Registration; Department of
Financial and Professional Regulation. This Section applies
only to a limited liability company that intends to provide, or
does provide, professional services that require the
individuals engaged in the profession to be licensed by the
Department of Financial and Professional Regulation. A limited
liability company covered by this Section shall not open,
operate, or maintain an establishment for any of the purposes
for which a limited liability company may be organized under
this Act without obtaining a certificate of registration from
the Department.
Application for such registration shall be made in writing
and shall contain the name and address of the limited liability
company and such other information as may be required by the

SB3733 Enrolled - 1932 - LRB096 19592 AMC 34984 b
Department. Upon receipt of such application, the Department
shall make an investigation of the limited liability company.
If the Department finds that the organizers, managers, and
members are each licensed pursuant to the laws of Illinois to
engage in the particular profession or related professions
involved (except that an initial organizer may be a licensed
attorney) and if no disciplinary action is pending before the
Department against any of them and if it appears that the
limited liability company will be conducted in compliance with
the law and the rules and regulations of the Department, the
Department shall issue, upon payment of a registration fee of
$50, a certificate of registration.
Upon written application of the holder, the Department
shall renew the certificate if it finds that the limited
liability company has complied with its regulations and the
provisions of this Act and the applicable licensing Act. This
fee for the renewal of a certificate of registration shall be
calculated at the rate of $40 per year. The certificate of
registration shall be conspicuously posted upon the premises to
which it is applicable, and the limited liability company shall
have only those offices which are designated by street address
in the articles of organization, or as changed by amendment of
such articles. A certificate of registration shall not be
assignable.
(Source: P.A. 96-679, eff. 8-25-09; revised 10-16-09.)

SB3733 Enrolled - 1933 - LRB096 19592 AMC 34984 b
Section 680. The Motor Vehicle Franchise Act is amended by
changing Section 9 as follows:
(815 ILCS 710/9) (from Ch. 121 1/2, par. 759)
Sec. 9. Renewals; transfers.
(a) Anything to the contrary notwithstanding, it shall be
unlawful for the manufacturer, wholesaler, distributor or
franchiser without good cause, to fail to renew a franchise on
terms then equally available to all its motor vehicle dealers,
or to terminate a franchise or restrict the transfer of a
franchise until the franchisee shall receive fair and
reasonable compensation for the value of the business and
business premises.
(b) For the purposes of this Section 9, the term
"reasonable compensation" includes, but is not limited to all
of the following items:
(1) An amount equal to the current, fair rental value
of the portion of the motor vehicle dealer's established
place of business that is used for motor vehicle sales and
service with the manufacturer, wholesaler, distributor or
franchiser for a period of one year beginning on the date
of the nonrenewal, termination, or restriction on the
transfer of the franchise.
(2) The franchisee's cost of each new undamaged and
unsold current and prior year motor vehicles that were
acquired within 12 months of termination and have 500 or

SB3733 Enrolled - 1934 - LRB096 19592 AMC 34984 b
fewer miles recorded on the odometer that are in the
franchisee's inventory at the time of nonrenewal,
termination, or restriction and that were purchased or
acquired from the manufacturer or from another dealer of
the same line make in the ordinary course of business.
(3) The franchisee's cost of each new, unused,
undamaged, and unsold part or accessory that is in the
current parts catalogue or is identical to a part or
accessory in the current parts catalogue except for the
number assigned to the part or accessory due to a change in
the number after the purchase of the part or accessory and
that is still in the original, resalable merchandising
package and in an unbroken lot, except that, in the case of
sheet metal, a comparable substitute for the original
package may be used if the part or accessory was purchased
(i) directly from the manufacturer, distributor,
wholesaler, distributor branch or division, or officer,
agent, or other representative thereof or (ii) from an
outgoing authorized dealer as a part of the dealer's
initial inventory.
(4) The fair market value of each undamaged sign owned
by the dealer that bears a trademark or trade name used or
claimed by the manufacturer, distributor, wholesaler,
distributor branch or division, or officer, agent, or other
representative thereof that was purchased as a requirement
of the manufacturer, distributor, wholesaler, distributor

SB3733 Enrolled - 1935 - LRB096 19592 AMC 34984 b
branch or division, or officer, agent, or other
representative thereof.
(5) The fair market value of all special tools, data
processing equipment, and automotive service equipment
owned by the dealer that (i) were recommended in writing
and designated as special tools and equipment, (ii) were
purchased at the request of the manufacturer, distributor,
wholesaler, distributor branch or division, or officer,
agent, or other representative thereof, and (iii) are in
usable and good condition except for reasonable wear and
tear.
(6) The cost of transporting, handling, packing,
storing, and loading any property that is subject to
repurchase under this Section.
This subsection (b) shall not apply to a non-renewal or
termination that is implemented as a result of a sale of the
assets or stock of the franchise.
(c) The payment under item (b)(1) is due in 12 equal,
monthly installments, beginning 30 days after the franchise is
terminated or nonrenewed. The payments under items (b)(2)
through (b)(6) are due no later than 90 days after the
franchise is terminated or nonrenewed. As a condition of
payment under items (b)(2) through (b)(6), the motor vehicle
dealer must comply with all reasonable requirements provided by
the manufacturer, distributor, or wholesaler regarding the
return of inventory.

SB3733 Enrolled - 1936 - LRB096 19592 AMC 34984 b
If a manufacturer, distributor, or wholesaler does not
reimburse the motor vehicle dealer for the amounts required
under items (b)(2) through (b)(6) by the deadlines under this
subsection (c), and the Board or, if agreed to under Section
12, the arbitrator, finds the manufacturer, distributor, or
wholesaler in violation of this subsection, then the
manufacturer, distributor, or wholesaler shall, in addition to
any other amounts due, pay the motor vehicle dealer:
(1) interest on the amount due at a rate reasonable in
light of commercial practices, determined by the Board or
arbitrator; and
(2) reasonable attorney's fees and costs.
(3) reasonable attorney's fees and costs.
(Source: P.A. 96-11, eff. 5-22-09; revised 11-4-09.)
Section 685. The Beer Industry Fair Dealing Act is amended
by changing Section 5 as follows:
(815 ILCS 720/5) (from Ch. 43, par. 305)
Sec. 5. Prohibited conduct. No brewer shall:
(1) Induce or coerce, or attempt to induce or coerce,
any wholesaler to engage in any illegal act or course of
conduct either by threatening to amend, modify, cancel,
terminate, or refuse to renew any agreement existing
between the brewer and the wholesaler, or by any other
means.

SB3733 Enrolled - 1937 - LRB096 19592 AMC 34984 b
(2) Require a wholesaler to assent to any unreasonable
requirement, condition, understanding or term or an
agreement prohibiting a wholesaler from selling the
product of any other brewer or brewers.
(3) Directly or indirectly fix or maintain the price at
which a wholesaler may resell beer.
(4) Fail to provide to each wholesaler of its brands a
written contract which embodies the brewer's agreement
with its wholesalers and conforms to the provisions of this
Act.
(5) Require any wholesaler to accept delivery of any
beer, signs, advertising materials, or any other item or
commodity which has not been ordered by the wholesaler, or
require any wholesaler to accept a common carrier for
delivery of beer into this State unless the wholesaler
consents to the common carrier. In the event a brewer
adopts a uniform practice of delivering beer into this
State to the premises of all licensed wholesalers, the
brewer may select the common carrier in this State.
(6) Require a wholesaler without the wholesaler's
approval to participate in an arrangement for the payment
or crediting by an electronic fund transfer transaction for
any item or commodity other than beer or to access a
wholesaler's account for any item or commodity other than
beer.
(7) Require a wholesaler to assent to any requirement

SB3733 Enrolled - 1938 - LRB096 19592 AMC 34984 b
prohibiting the wholesaler from disposing, after notice to
the brewer, of a product which has been deemed salvageable
by a local or State health authority. Nothing herein shall
prohibit the brewer from having the first right to purchase
the salvageable product from the wholesaler at a price not
to exceed the original cost of the product or to
subsequently repurchase the product from the insurance
company or salvage company.
(8) Refuse to approve or require a wholesaler to
terminate a manager or successor manager without good
cause. A brewer has good cause only if the person
designated as manager or successor manager by the
wholesaler fails to meet reasonable standards and
qualifications.
(9) Present an agreement to a wholesaler that attempts
to waive compliance with any provision of this Act or that
requires the wholesaler to waive compliance with any
provision of this Act. A wholesaler entering into an
agreement containing provisions in conflict with this Act
shall not be deemed to waive compliance with any provision
of this Act. No brewer shall induce or coerce, or attempt
to induce or coerce, any wholesaler to assent to any
agreement, amendment, renewal, or replacement agreement
that does not comply with this Act and the laws of this
State.
(10) Terminate or attempt to terminate an agreement on

SB3733 Enrolled - 1939 - LRB096 19592 AMC 34984 b
the basis that the wholesaler refuses to purchase signs or
advertising materials or any quantity or types thereof.
(11) Discriminate against a wholesaler who has entered
into a contract relative to signs or advertising materials
by not making signs or advertising materials or any
quantity or types thereof available to the wholesaler when
the brewer makes available such signs or advertising
materials to other similarly situated wholesalers in this
State.
(12) Present an agreement requiring the wholesaler to
arbitrate all disputes without offering the wholesaler in
writing the opportunity to reject arbitration and elect to
resolve all disputes by maintaining a civil suit in
accordance with this Act.
(13) Fail to assign brand extensions to a wholesaler
who has been granted the territory to the brand from which
the brand extension resulted and agrees to accept the brand
extension; however, this requirement does not apply if the
wholesaler is not in compliance with the agreement at the
time the brewer offers the brand extension to the
wholesaler.
(14) Terminate, cancel, or non-renew or attempt to
terminate, cancel, or non-renew an agreement on the basis
that the wholesaler fails to agree or consent to an
amendment at the time such amendment is presented to the
wholesaler. A brewer may amend an agreement including

SB3733 Enrolled - 1940 - LRB096 19592 AMC 34984 b
operating standards at any time without the wholesaler's
consent if such amendment does not materially,
substantially, and adversely affect the wholesaler and
such amendment is effective as to all wholesalers of the
brewer in the State.
(15) Coerce or attempt to coerce a transferring
wholesaler to sign a renewal agreement, replacement
agreement, or an amendment to an agreement by threatening
to refuse to approve or delay issuing an approval for the
sale or transfer of a wholesaler's business.
The agreement must provide in substance that the agreement
shall be governed by all applicable provisions of State law,
and that such State law is incorporated into the agreement,
shall be deemed to be a part thereof, and shall supersede
supercede any provision of the agreement in conflict with such
State law. If an agreement presented to the wholesaler does not
provide this provision in substance the brewer must furnish an
executed Illinois addendum to the wholesaler stating that the
agreement shall be governed by all applicable provisions of
State law, and that such State law is incorporated into the
agreement, shall be deemed to be a part hereof, shall supersede
supercede any provision of the agreement in conflict with such
State law, and shall govern and control.
No brewer who, pursuant to an agreement with a wholesaler
which does not violate antitrust laws, has designated a sales
territory for which the wholesaler is exclusively responsible

SB3733 Enrolled - 1941 - LRB096 19592 AMC 34984 b
or in which the wholesaler is required to concentrate its
efforts, shall enter into an agreement with any other
wholesaler for the purpose of establishing an additional
wholesaler for the brewer's brand, brands, or brand extension
in the territory.
No wholesaler who, pursuant to an agreement is granted a
sales territory for which it shall be exclusively responsible
or in which it is required to concentrate its efforts, shall
make any sale or delivery of beer to any retail licensee whose
place of business is not within the territory granted to the
wholesaler.
(Source: P.A. 95-240, eff. 8-17-07; 96-662, eff. 8-25-09;
revised 10-30-09.)
Section 690. The Right to Privacy in the Workplace Act is
amended by changing Section 12 as follows:
(820 ILCS 55/12)
Sec. 12. Use of Employment Eligibility Verification
Systems.
(a) Prior to choosing to voluntarily enroll in any
Electronic Employment Verification System, including the
E-Verify program and the Basic Pilot program, as authorized by
8 U.S.C. 1324a, Notes, Pilot Programs for Employment
Eligibility Confirmation (enacted by P.L. 104-208, div. C,
title IV, subtitle A), employers are urged to consult the

SB3733 Enrolled - 1942 - LRB096 19592 AMC 34984 b
Illinois Department of Labor's website for current information
on the accuracy of E-Verify and to review and understand an
employer's legal responsibilities relating to the use of the
voluntary E-Verify program.
(a-1) The Illinois Department of Labor (IDOL) shall post on
its website information or links to information from the United
States Government Accountability Office, Westat, or a similar
reliable source independent of the Department of Homeland
Security regarding: (1) the accuracy of the E-Verify databases;
(2) the approximate financial burden and expenditure of time
that use of E-Verify requires from employers; and (3) an
overview of an employer's responsibilities under federal and
state law relating to the use of E-Verify.
(b) Upon initial enrollment in an Employment Eligibility
Verification System or within 30 days after the effective date
of this amendatory Act of the 96th General Assembly, an
employer enrolled in E-Verify or any other Employment
Eligibility Verification System must attest, under penalty of
perjury, on a form prescribed by the IDOL available on the IDOL
website:
(1) that the employer has received the Basic Pilot or
E-Verify training materials from the Department of
Homeland Security (DHS), and that all employees who will
administer the program have completed the Basic Pilot or
E-Verify Computer Based Tutorial (CBT); and
(2) that the employer has posted the notice from DHS

SB3733 Enrolled - 1943 - LRB096 19592 AMC 34984 b
indicating that the employer is enrolled in the Basic Pilot
or E-Verify program and the anti-discrimination notice
issued by the Office of Special Counsel for
Immigration-Related Unfair Employment Practices (OSC),
Civil Rights Division, U.S. Department of Justice in a
prominent place that is clearly visible to both prospective
and current employees. The employer must maintain the
signed original of the attestation form prescribed by the
IDOL, as well as all CBT certificates of completion and
make them available for inspection or copying by the IDOL
at any reasonable time.
(c) It is a violation of this Act for an employer enrolled
in an Employment Eligibility Verification System, including
the E-Verify program and the Basic Pilot program:
(1) to fail to display the notices supplied by DHS and
OSC in a prominent place that is clearly visible to both
prospective and current employees;
(2) to allow any employee to use an Employment
Eligibility Verification System prior to having completed
CBT;
(3) to fail to take reasonable steps to prevent an
employee from circumventing the requirement to complete
the CBT by assuming another employee's E-Verify or Basic
Pilot user identification or password;
(4) to use the Employment Eligibility Verification
System to verify the employment eligibility of job

SB3733 Enrolled - 1944 - LRB096 19592 AMC 34984 b
applicants prior to hiring or to otherwise use the
Employment Eligibility Verification System to screen
individuals prior to hiring and prior to the completion of
a Form I-9;
(5) to terminate an employee or take any other adverse
employment action against an individual prior to receiving
a final nonconfirmation notice from the Social Security
Administration or the Department of Homeland Security;
(6) to fail to notify an individual, in writing, of the
employer's receipt of a tentative nonconfirmation notice,
of the individual's right to contest the tentative
nonconfirmation notice, and of the contact information for
the relevant government agency or agencies that the
individual must contact to resolve the tentative
nonconfirmation notice;
(7) to fail to safeguard the information contained in
the Employment Eligibility Verification System, and the
means of access to the system (such as passwords and other
privacy protections). An employer shall ensure that the
System is not used for any purpose other than employment
verification of newly hired employees and shall ensure that
the information contained in the System and the means of
access to the System are not disseminated to any person
other than employees who need such information and access
to perform the employer's employment verification
responsibilities. ;

SB3733 Enrolled - 1945 - LRB096 19592 AMC 34984 b
(c-1) Any claim that an employer refused to hire,
segregated, or acted with respect to recruitment, hiring,
promotion, renewal or employment, selection for training or
apprenticeship, discharge, discipline, tenure or terms,
privileges, or conditions of employment without following the
procedures of the Employment Eligibility Verification System,
including the Basic Pilot and E-Verify programs, may be brought
under paragraph (G)(2) of Section 2-102 of the Illinois Human
Rights Act. ;
(c-2) It is a violation of this Section for an individual
to falsely pose as an employer in order to enroll in an
Employment Eligibility Verification System or for an employer
to use an Employment Eligibility Verification System to access
information regarding an individual who is not an employee of
the employer.
(d) Preemption. Neither the State nor any of its political
subdivisions, nor any unit of local government, including a
home rule unit, may require any employer to use an Employment
Eligibility Verification System, including under the following
circumstances:
(1) as a condition of receiving a government contract;
(2) as a condition of receiving a business license; or
(3) as penalty for violating licensing or other similar
laws.
This subsection (d) is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of

SB3733 Enrolled - 1946 - LRB096 19592 AMC 34984 b
Article VII of the Illinois Constitution.
(Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10; revised
11-4-09.)
Section 695. The Prevailing Wage Act is amended by changing
Section 2 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act, or

SB3733 Enrolled - 1947 - LRB096 19592 AMC 34984 b
the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; or funds from the
Fund for Illinois' Future under Section 6z-47 of the State
Finance Act, funds for school construction under Section 5 of
the General Obligation Bond Act, funds authorized under Section
3 of the School Construction Bond Act, funds for school
infrastructure under Section 6z-45 of the State Finance Act,
and funds for transportation purposes under Section 4 of the
General Obligation Bond Act. "Public works" also includes all
projects financed in whole or in part with funds from the
Department of Commerce and Economic Opportunity under the
Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement. "Public works" also
includes all projects at leased facility property used for
airport purposes under Section 35 of the Local Government
Facility Lease Act. "Public works" also includes the
construction of a new wind power facility by a business
designated as a High Impact Business under Section 5.5(a)(3)(E)
of the Illinois Enterprise Zone Act. "Public works" does not
include work done directly by any public utility company,
whether or not done under public supervision or direction, or
paid for wholly or in part out of public funds. "Public works"
does not include projects undertaken by the owner at an
owner-occupied single-family residence or at an owner-occupied
unit of a multi-family residence.
"Construction" means all work on public works involving

SB3733 Enrolled - 1948 - LRB096 19592 AMC 34984 b
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the public
works efficiently and properly, "locality" includes any other
county nearest the one in which the work or construction is to
be performed and from which such persons may be obtained in
sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or in
part by public funds, and includes every county, city, town,
village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
The terms "general prevailing rate of hourly wages",

SB3733 Enrolled - 1949 - LRB096 19592 AMC 34984 b
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
fringe benefits for training and apprenticeship programs
approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in which
the work is being performed, to employees engaged in work of a
similar character on public works.
(Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58,
eff. 1-1-10; 96-186, eff. 1-1-10; revised 8-20-09.)
Section 995. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 996. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
Section 999. Effective date. This Act takes effect upon
becoming law.
SB3733 Enrolled - 1950 - LRB096 19592 AMC 34984 b
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.20
5 ILCS 80/4.30
5 ILCS 80/4.18 rep.
5 ILCS 140/2 from Ch. 116, par. 202
5 ILCS 140/4 from Ch. 116, par. 204
5 ILCS 140/6 from Ch. 116, par. 206
5 ILCS 282/5
5 ILCS 375/6.11
5 ILCS 420/4A-101 from Ch. 127, par. 604A-101
5 ILCS 420/4A-107 from Ch. 127, par. 604A-107
5 ILCS 490/125
5 ILCS 490/130
5 ILCS 490/135
5 ILCS 490/140
5 ILCS 490/145
5 ILCS 490/150
10 ILCS 5/1-3 from Ch. 46, par. 1-3
10 ILCS 5/3-3 from Ch. 46, par. 3-3
10 ILCS 5/4-10 from Ch. 46, par. 4-10
10 ILCS 5/5-9 from Ch. 46, par. 5-9
10 ILCS 5/7-14.1 from Ch. 46, par. 7-14.1
10 ILCS 5/19-3 from Ch. 46, par. 19-3
10 ILCS 5/20-2.3 from Ch. 46, par. 20-2.3
SB3733 Enrolled - 1951 - LRB096 19592 AMC 34984 b
15 ILCS 20/50-5
15 ILCS 205/7
15 ILCS 335/4C
15 ILCS 335/4D
20 ILCS 5/5-565 was 20 ILCS 5/6.06
20 ILCS 505/5 from Ch. 23, par. 5005
20 ILCS 505/34.11
20 ILCS 515/45
20 ILCS 1305/1-17
20 ILCS 1710/1710-1
20 ILCS 2105/2105-15
20 ILCS 2310/2310-640
20 ILCS 2310/2310-641
20 ILCS 2407/Art. 4
heading
20 ILCS 2630/5 from Ch. 38, par. 206-5
20 ILCS 2705/2705-590
20 ILCS 2705/2705-593
20 ILCS 3105/10.04 from Ch. 127, par. 780.04
20 ILCS 3305/5 from Ch. 127, par. 1055
20 ILCS 3420/4 from Ch. 127, par. 133c24
20 ILCS 3805/7 from Ch. 67 1/2, par. 307
20 ILCS 3855/1-10
20 ILCS 3855/1-20
20 ILCS 3855/1-56
20 ILCS 3855/1-58
SB3733 Enrolled - 1952 - LRB096 19592 AMC 34984 b
20 ILCS 3960/3 from Ch. 111 1/2, par. 1153
20 ILCS 3960/12 from Ch. 111 1/2, par. 1162
25 ILCS 155/2 from Ch. 63, par. 342
30 ILCS 105/5.710
30 ILCS 105/5.719
30 ILCS 105/5.720
30 ILCS 105/5.721
30 ILCS 105/5.722
30 ILCS 105/5.723
30 ILCS 105/5.724
30 ILCS 105/5.725
30 ILCS 105/5.726
30 ILCS 105/5.727
30 ILCS 105/5.728
30 ILCS 105/5.729
30 ILCS 105/5.730
30 ILCS 105/5.731
30 ILCS 105/5.732
30 ILCS 105/5.733
30 ILCS 105/5.734
30 ILCS 105/5.735
30 ILCS 105/5.736
30 ILCS 105/5.737
30 ILCS 105/5.738
30 ILCS 105/5.739
30 ILCS 105/5.740
SB3733 Enrolled - 1953 - LRB096 19592 AMC 34984 b
30 ILCS 105/5.741
30 ILCS 105/5.742
30 ILCS 105/5.743
30 ILCS 105/5.744
30 ILCS 105/5.745
30 ILCS 105/5.746
30 ILCS 105/5.747
30 ILCS 105/5.748
30 ILCS 105/5.749
30 ILCS 105/5.750
30 ILCS 105/5.751
30 ILCS 105/5.752
30 ILCS 105/8.49
30 ILCS 105/8h
30 ILCS 330/2 from Ch. 127, par. 652
30 ILCS 330/3 from Ch. 127, par. 653
30 ILCS 330/7 from Ch. 127, par. 657
30 ILCS 425/4 from Ch. 127, par. 2804
30 ILCS 500/20-80
30 ILCS 500/50-11
30 ILCS 500/50-60
30 ILCS 540/3-2
30 ILCS 550/1 from Ch. 29, par. 15
30 ILCS 550/3
30 ILCS 575/2
30 ILCS 575/4 from Ch. 127, par. 132.604
SB3733 Enrolled - 1954 - LRB096 19592 AMC 34984 b
30 ILCS 605/7.1 from Ch. 127, par. 133b10.1
30 ILCS 805/8.32
30 ILCS 805/8.33
35 ILCS 5/201 from Ch. 120, par. 2-201
35 ILCS 5/507SS
35 ILCS 5/507TT
35 ILCS 5/606
35 ILCS 5/807
35 ILCS 10/5-15
35 ILCS 105/3-5
35 ILCS 105/3-10
35 ILCS 105/10 from Ch. 120, par. 439.10
35 ILCS 110/3-5
35 ILCS 110/3-10 from Ch. 120, par. 439.33-10
35 ILCS 115/3-5
35 ILCS 115/3-10 from Ch. 120, par. 439.103-10
35 ILCS 120/2-5
35 ILCS 120/2-10
35 ILCS 200/15-170
35 ILCS 200/15-172
35 ILCS 200/18-185
35 ILCS 505/8 from Ch. 120, par. 424
40 ILCS 5/4-121 from Ch. 108 1/2, par. 4-121
40 ILCS 5/7-132 from Ch. 108 1/2, par. 7-132
40 ILCS 5/14-104 from Ch. 108 1/2, par. 14-104
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
SB3733 Enrolled - 1955 - LRB096 19592 AMC 34984 b
40 ILCS 5/14-131
40 ILCS 5/15-159 from Ch. 108 1/2, par. 15-159
40 ILCS 5/18-125 from Ch. 108 1/2, par. 18-125
40 ILCS 15/1.2
50 ILCS 750/15.4 from Ch. 134, par. 45.4
55 ILCS 5/5-1006.5
55 ILCS 5/5-1069.3
55 ILCS 5/5-1123
55 ILCS 5/5-12020
65 ILCS 5/1-1-11
65 ILCS 5/1-1-12
65 ILCS 5/7-1-1 from Ch. 24, par. 7-1-1
65 ILCS 5/7-1-13 from Ch. 24, par. 7-1-13
65 ILCS 5/7-3-1 from Ch. 24, par. 7-3-1
65 ILCS 5/10-4-2.3
65 ILCS 5/11-15.1-2.1 from Ch. 24, par. 11-15.1-2.1
65 ILCS 5/11-20-15
65 ILCS 5/11-20-16
65 ILCS 5/11-39-3
65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
65 ILCS 5/11-74.4-3.5
65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
70 ILCS 705/6 from Ch. 127 1/2, par. 26
70 ILCS 1505/26.10-4
105 ILCS 5/2-3.64 from Ch. 122, par. 2-3.64
105 ILCS 5/2-3.117a
SB3733 Enrolled - 1956 - LRB096 19592 AMC 34984 b
105 ILCS 5/2-3.148
105 ILCS 5/2-3.149
105 ILCS 5/2-3.150
105 ILCS 5/2-3.151
105 ILCS 5/2-3.152
105 ILCS 5/10-20.21
105 ILCS 5/10-20.46
105 ILCS 5/10-20.47
105 ILCS 5/10-20.48
105 ILCS 5/10-20.49
105 ILCS 5/10-20.50
105 ILCS 5/10-20.51
105 ILCS 5/10-22.3f
105 ILCS 5/10-22.31 from Ch. 122, par. 10-22.31
105 ILCS 5/10-22.39
105 ILCS 5/18-8.05
105 ILCS 5/19-1
105 ILCS 5/22-50
105 ILCS 5/22-55
105 ILCS 5/24-6
105 ILCS 5/27A-5
105 ILCS 5/27A-8
105 ILCS 5/34-18.37
105 ILCS 5/34-18.38
105 ILCS 5/34-18.39
105 ILCS 5/34-18.40
SB3733 Enrolled - 1957 - LRB096 19592 AMC 34984 b
105 ILCS 5/34-18.41
105 ILCS 5/34-18.42
105 ILCS 10/6 from Ch. 122, par. 50-6
105 ILCS 25/1.5
105 ILCS 25/2
105 ILCS 105/6 from Ch. 122, par. 1406
105 ILCS 110/3
105 ILCS 230/5-25
105 ILCS 230/5-30
110 ILCS 48/5
110 ILCS 305/8 from Ch. 144, par. 29
110 ILCS 305/45
110 ILCS 305/50
110 ILCS 305/55
110 ILCS 305/60
110 ILCS 305/65
110 ILCS 305/70
110 ILCS 330/8
110 ILCS 330/9
110 ILCS 520/8e from Ch. 144, par. 658e
110 ILCS 520/30
110 ILCS 520/35
110 ILCS 520/40
110 ILCS 520/45
110 ILCS 520/50
110 ILCS 520/55
SB3733 Enrolled - 1958 - LRB096 19592 AMC 34984 b
110 ILCS 660/5-85
110 ILCS 660/5-140
110 ILCS 660/5-145
110 ILCS 660/5-150
110 ILCS 660/5-155
110 ILCS 660/5-160
110 ILCS 660/5-165
110 ILCS 665/10-85
110 ILCS 665/10-140
110 ILCS 665/10-145
110 ILCS 665/10-150
110 ILCS 665/10-155
110 ILCS 665/10-160
110 ILCS 665/10-165
110 ILCS 670/15-85
110 ILCS 670/15-140
110 ILCS 670/15-145
110 ILCS 670/15-150
110 ILCS 670/15-155
110 ILCS 670/15-160
110 ILCS 670/15-165
110 ILCS 675/20-85
110 ILCS 675/20-145
110 ILCS 675/20-150
110 ILCS 675/20-155
110 ILCS 675/20-160
SB3733 Enrolled - 1959 - LRB096 19592 AMC 34984 b
110 ILCS 675/20-165
110 ILCS 675/20-170
110 ILCS 680/25-85
110 ILCS 680/25-140
110 ILCS 680/25-145
110 ILCS 680/25-150
110 ILCS 680/25-155
110 ILCS 680/25-160
110 ILCS 680/25-165
110 ILCS 685/30-85
110 ILCS 685/30-150
110 ILCS 685/30-155
110 ILCS 685/30-160
110 ILCS 685/30-165
110 ILCS 685/30-170
110 ILCS 685/30-175
110 ILCS 690/35-85
110 ILCS 690/35-145
110 ILCS 690/35-150
110 ILCS 690/35-155
110 ILCS 690/35-160
110 ILCS 690/35-165
110 ILCS 690/35-170
110 ILCS 805/3-29.4
110 ILCS 805/3-29.5
110 ILCS 805/3-29.6
SB3733 Enrolled - 1960 - LRB096 19592 AMC 34984 b
110 ILCS 805/3-29.7
110 ILCS 805/3-29.8
205 ILCS 5/2 from Ch. 17, par. 302
205 ILCS 635/1-4
205 ILCS 635/2-2
205 ILCS 635/2-6
205 ILCS 635/4-1 from Ch. 17, par. 2324-1
210 ILCS 3/30
210 ILCS 9/145
210 ILCS 47/1-113
210 ILCS 47/2-101.1
210 ILCS 47/2-201
210 ILCS 47/3-206.03
210 ILCS 47/3-215
210 ILCS 47/3-305
210 ILCS 47/3-401
210 ILCS 47/3-517
210 ILCS 50/32.5
210 ILCS 55/2.08
210 ILCS 85/3
210 ILCS 85/6.25
210 ILCS 85/6.26
210 ILCS 115/9.9 from Ch. 111 1/2, par. 719.9
215 ILCS 5/190.1 from Ch. 73, par. 802.1
215 ILCS 5/356z.14
215 ILCS 5/356z.15
SB3733 Enrolled - 1961 - LRB096 19592 AMC 34984 b
215 ILCS 5/356z.16
215 ILCS 5/370c from Ch. 73, par. 982c
215 ILCS 5/451 from Ch. 73, par. 1063
215 ILCS 107/10
215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
215 ILCS 165/10 from Ch. 32, par. 604
220 ILCS 5/8-103
220 ILCS 5/16-111.8
220 ILCS 5/16-111.9
220 ILCS 5/19-105
220 ILCS 5/19-112
225 ILCS 25/9 from Ch. 111, par. 2309
225 ILCS 60/22 from Ch. 111, par. 4400-22
225 ILCS 65/50-15 was 225 ILCS 65/5-15
225 ILCS 80/24 from Ch. 111, par. 3924
225 ILCS 84/15
225 ILCS 85/3
225 ILCS 85/15 from Ch. 111, par. 4135
225 ILCS 95/7.5
225 ILCS 115/11 from Ch. 111, par. 7011
225 ILCS 125/90
225 ILCS 125/170
225 ILCS 312/10
225 ILCS 330/5 from Ch. 111, par. 3255
225 ILCS 407/15-10
225 ILCS 458/5-10
SB3733 Enrolled - 1962 - LRB096 19592 AMC 34984 b
230 ILCS 10/5 from Ch. 120, par. 2405
230 ILCS 40/25
230 ILCS 40/45
235 ILCS 5/3-12
235 ILCS 5/6-16.1
235 ILCS 5/8-1
305 ILCS 5/4-2 from Ch. 23, par. 4-2
305 ILCS 5/5-2 from Ch. 23, par. 5-2
305 ILCS 5/5-5 from Ch. 23, par. 5-5
305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4
305 ILCS 5/12-4.11 from Ch. 23, par. 12-4.11
305 ILCS 5/12-4.37
305 ILCS 5/12-4.39
305 ILCS 5/12-4.201
305 ILCS 20/6 from Ch. 111 2/3, par. 1406
305 ILCS 20/13
320 ILCS 20/2 from Ch. 23, par. 6602
320 ILCS 20/3 from Ch. 23, par. 6603
320 ILCS 20/4 from Ch. 23, par. 6604
320 ILCS 25/5 from Ch. 67 1/2, par. 405
320 ILCS 42/25
320 ILCS 42/30
325 ILCS 20/13.50
330 ILCS 126/5
330 ILCS 126/45
405 ILCS 30/4.6
SB3733 Enrolled - 1963 - LRB096 19592 AMC 34984 b
405 ILCS 30/4.7
410 ILCS 535/12
410 ILCS 535/18 from Ch. 111 1/2, par. 73-18
415 ILCS 5/3.330 was 415 ILCS 5/3.32
415 ILCS 5/4 from Ch. 111 1/2, par. 1004
415 ILCS 5/22.38
415 ILCS 5/42 from Ch. 111 1/2, par. 1042
415 ILCS 65/6 from Ch. 5, par. 856
415 ILCS 120/23
415 ILCS 120/24
430 ILCS 85/2-19 from Ch. 111 1/2, par. 4069
510 ILCS 70/4.01 from Ch. 8, par. 704.01
510 ILCS 72/155
625 ILCS 5/3-104 from Ch. 95 1/2, par. 3-104
625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412
625 ILCS 5/3-414 from Ch. 95 1/2, par. 3-414
625 ILCS 5/3-684
625 ILCS 5/3-686
625 ILCS 5/3-687
625 ILCS 5/3-688
625 ILCS 5/3-806 from Ch. 95 1/2, par. 3-806
625 ILCS 5/3-806.7
625 ILCS 5/3-806.8
625 ILCS 5/3-808.1 from Ch. 95 1/2, par. 3-808.1
625 ILCS 5/3-821 from Ch. 95 1/2, par. 3-821
625 ILCS 5/6-103 from Ch. 95 1/2, par. 6-103
SB3733 Enrolled - 1964 - LRB096 19592 AMC 34984 b
625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/11-605.2
625 ILCS 5/11-1301.2 from Ch. 95 1/2, par. 11-1301.2
625 ILCS 5/11-1301.3 from Ch. 95 1/2, par. 11-1301.3
625 ILCS 5/12-503 from Ch. 95 1/2, par. 12-503
625 ILCS 5/12-610.2
625 ILCS 5/12-821
625 ILCS 5/15-102 from Ch. 95 1/2, par. 15-102
625 ILCS 5/15-113 from Ch. 95 1/2, par. 15-113
625 ILCS 40/5-7
705 ILCS 105/27.5 from Ch. 25, par. 27.5
705 ILCS 405/2-23 from Ch. 37, par. 802-23
705 ILCS 405/5-710
705 ILCS 505/9.5
720 ILCS 5/9-1.2 from Ch. 38, par. 9-1.2
720 ILCS 5/10-5 from Ch. 38, par. 10-5
720 ILCS 5/10-5.5
720 ILCS 5/10-9
720 ILCS 5/11-9.4
720 ILCS 5/11-20.1 from Ch. 38, par. 11-20.1
720 ILCS 5/11-20.3
720 ILCS 5/12-2 from Ch. 38, par. 12-2
720 ILCS 5/12-3.3
720 ILCS 5/12-4
SB3733 Enrolled - 1965 - LRB096 19592 AMC 34984 b
720 ILCS 5/12-7.5
720 ILCS 5/14-3
720 ILCS 5/16-1 from Ch. 38, par. 16-1
720 ILCS 5/16D-2 from Ch. 38, par. 16D-2
720 ILCS 5/16D-3 from Ch. 38, par. 16D-3
720 ILCS 5/17-24
720 ILCS 5/17-26
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-2
720 ILCS 5/25-5 was 720 ILCS 5/25-1.1
720 ILCS 5/26-1 from Ch. 38, par. 26-1
720 ILCS 5/26-5
720 ILCS 5/29B-1 from Ch. 38, par. 29B-1
720 ILCS 5/29D-25
720 ILCS 5/36-1 from Ch. 38, par. 36-1
720 ILCS 570/208 from Ch. 56 1/2, par. 1208
720 ILCS 570/303.05
720 ILCS 675/Act title
720 ILCS 675/0.01 from Ch. 23, par. 2356.9
720 ILCS 675/1 from Ch. 23, par. 2357
720 ILCS 677/15
730 ILCS 5/3-1-2 from Ch. 38, par. 1003-1-2
730 ILCS 5/3-3-2.1 from Ch. 38, par. 1003-3-2.1
730 ILCS 5/3-3-7 from Ch. 38, par. 1003-3-7
730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
730 ILCS 5/5-4.5-15
SB3733 Enrolled - 1966 - LRB096 19592 AMC 34984 b
730 ILCS 5/5-4.5-100
730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1
730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
730 ILCS 5/5-8-8
730 ILCS 5/5-9-1.1-5
730 ILCS 5/5-9-1.17
730 ILCS 5/5-9-1.18
735 ILCS 5/15-1701 from Ch. 110, par. 15-1701
735 ILCS 30/15-5-15
735 ILCS 30/15-5-45 rep.
740 ILCS 10/7.2 from Ch. 38, par. 60-7.2
755 ILCS 5/13-3.1 from Ch. 110 1/2, par. 13-3.1
755 ILCS 40/15 from Ch. 110 1/2, par. 851-15
765 ILCS 101/10-10
765 ILCS 605/18.4 from Ch. 30, par. 318.4
765 ILCS 1025/18 from Ch. 141, par. 118
805 ILCS 105/104.05 from Ch. 32, par. 104.05
805 ILCS 105/107.50 from Ch. 32, par. 107.50
805 ILCS 105/112.50 from Ch. 32, par. 112.50
805 ILCS 180/1-10
805 ILCS 180/1-26
805 ILCS 180/1-28
SB3733 Enrolled - 1967 - LRB096 19592 AMC 34984 b
815 ILCS 710/9 from Ch. 121 1/2, par. 759
815 ILCS 720/5 from Ch. 43, par. 305
820 ILCS 55/12
820 ILCS 130/2