Bill Text: IL SB3798 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Creates the First 2012 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.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2012-07-13 - Public Act . . . . . . . . . 97-0813 [SB3798 Detail]

Download: Illinois-2011-SB3798-Chaptered.html

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Public Act 097-0813
SB3798 Enrolled LRB097 15738 AMC 60882 b
AN ACT to revise the law by combining multiple enactments
and making technical corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Nature of this Act.
(a) This Act may be cited as the First 2012 General
Revisory Act.
(b) This Act is not intended to make any substantive change
in the law. It reconciles conflicts that have arisen from
multiple amendments and enactments and makes technical
corrections and revisions in the law.
This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
(c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not

include other versions of the Section to be found in Public
Acts not included in the list of sources. The list of sources
is not a part of the text of the Section.
(d) Public Acts 96-1480 through 97-625 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 4.32 and 7 as follows:
(5 ILCS 80/4.32)
(Text of Section before amendment by P.A. 97-576)
Sec. 4.32. Acts Act repealed on January 1, 2022. The
following Acts are Act is repealed on January 1, 2022:
The Boxing and Full-contact Martial Arts Act.
The Detection of Deception Examiners Act.
The Home Inspector License Act.
The Interior Design Title Act.
The Massage Licensing Act.
The Petroleum Equipment Contractors Licensing Act.
The Real Estate Appraiser Licensing Act of 2002.
The Water Well and Pump Installation Contractor's License
Act.
(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11;

97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff.
8-16-11; 97-514, eff. 8-23-11; 97-598, eff. 8-26-11; 97-602,
eff. 8-26-11; revised 8-30-11.)
(Text of Section after amendment by P.A. 97-576)
Sec. 4.32. Acts Act repealed on January 1, 2022. The
following Acts are Act is repealed on January 1, 2022:
The Boxing and Full-contact Martial Arts Act.
The Collateral Recovery Act.
The Detection of Deception Examiners Act.
The Home Inspector License Act.
The Interior Design Title Act.
The Massage Licensing Act.
The Petroleum Equipment Contractors Licensing Act.
The Real Estate Appraiser Licensing Act of 2002.
The Water Well and Pump Installation Contractor's License
Act.
(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11;
97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff.
8-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598,
eff. 8-26-11; 97-602, eff. 8-26-11; revised 8-30-11.)
(5 ILCS 80/7) (from Ch. 127, par. 1907)
Sec. 7. Additional criteria. In determining whether to
recommend to the General Assembly under Section 5 the
continuation of a regulatory agency or program or any function

thereof, the Governor shall also consider the following
criteria:
(1) whether the absence of regulation would significantly
harm or endanger the public health, safety or welfare;
(2) whether there is a reasonable relationship between the
exercise of the State's police power and the protection of the
public health, safety or welfare;
(3) whether there is another less restrictive method of
regulation available which could adequately protect the
public;
(4) whether the regulation has the effect of directly or
indirectly increasing the costs of any goods or services
involved, and if so, to what degree;
(5) whether the increase in cost is more harmful to the
public than the harm which could result from the absence of
regulation; and
(6) whether all facets of the regulatory process are
designed solely for the purpose of, and have as their primary
effect affect, the protection of the public.
(Source: P.A. 90-580, eff. 5-21-98; revised 11-18-11.)
Section 10. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.

(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the
public body, including hearing testimony on a complaint
lodged against an employee of the public body or against
legal counsel for the public body to determine its
validity.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint

under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the public
body is given power to remove the occupant under law or
ordinance.
(4) Evidence or testimony presented in open hearing, or
in closed hearing where specifically authorized by law, to
a quasi-adjudicative body, as defined in this Act, provided
that the body prepares and makes available for public
inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the purpose
of discussing whether a particular parcel should be
acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments, or
investment contracts.
(8) Security procedures and the use of personnel and
equipment to respond to an actual, a threatened, or a
reasonably potential danger to the safety of employees,
students, staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.

(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public body
is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair housing
practices and creating a commission or administrative
agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.

(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals for a hospital, or other institution
providing medical care, that is operated by the public
body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes as
mandated by Section 2.06.
(22) Deliberations for decisions of the State

Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) Confidential information, when discussed by one
or more members of an elder abuse fatality review team,
designated under Section 15 of the Elder Abuse and Neglect
Act, while participating in a review conducted by that team
of the death of an elderly person in which abuse or neglect
is suspected, alleged, or substantiated; provided that
before the review team holds a closed meeting, or closes an
open meeting, to discuss the confidential information,
each participating review team member seeking to disclose
the confidential information in the closed meeting or

closed portion of the meeting must state on the record
during an open meeting or the open portion of a meeting the
nature of the information to be disclosed and the legal
basis for otherwise holding that information confidential.
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Public Aid Code or (ii)
that pertain to appeals under Section 11-8 of the Public
Aid Code.
(29) (28) Meetings between internal or external
auditors and governmental audit committees, finance
committees, and their equivalents, when the discussion
involves internal control weaknesses, identification of
potential fraud risk areas, known or suspected frauds, and
fraud interviews conducted in accordance with generally
accepted auditing standards of the United States of
America.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include

organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10;
96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff.
8-12-11; 97-452, eff. 8-19-11; revised 9-2-11.)
Section 15. The Freedom of Information Act is amended by
changing Sections 7, 7.5, and 11 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the

information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information.
The disclosure of information that bears on the public
duties of public employees and officials shall not be

considered an invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the extent
that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation

conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public
body that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the

trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension fund,
from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as
a result of either investing or evaluating a potential
investment of public funds in a private equity fund. The
exemption contained in this item does not apply to the
aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company
within the investment portfolio of a private equity fund,
unless the disclosure of the identity of a privately held
company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or

agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by news
media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by

their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including but not limited to power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials

prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication of
employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including but
not limited to software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.

(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(u) Information that would disclose or might lead to

the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to be
used to create electronic or digital signatures under the
Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, or to
tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power

procurement under Section 1-75 of the Illinois Power Agency
Act and Section 16-111.5 of the Public Utilities Act that
is determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Public Aid Code or (ii)
that pertain to appeals under Section 11-8 of the Public
Aid Code.
(ee) (dd) The names, addresses, or other personal

information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) (ee) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 96-261, eff. 1-1-10; 96-328, eff. 8-11-09;
96-542, eff. 1-1-10; 96-558, eff. 1-1-10; 96-736, eff. 7-1-10;
96-863, eff. 3-1-10; 96-1378, eff. 7-29-10; 97-333, eff.
8-12-11; 97-385, eff. 8-15-11; 97-452, eff. 8-19-11; revised

9-2-11.)
(5 ILCS 140/7.5)
Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records
Confidentiality Act.
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or
any information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.

(g) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under
the State Officials and Employees Ethics Act, and records of
any lawfully created State or local inspector general's office
that would be exempt if created or obtained by an Executive
Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan
submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.
(k) Law enforcement officer identification information or
driver identification information compiled by a law
enforcement agency or the Department of Transportation under
Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death review
team or the Executive Council under the Abuse Prevention Review
Team Act.
(m) Information provided to the predatory lending database
created pursuant to Article 3 of the Residential Real Property
Disclosure Act, except to the extent authorized under that
Article.

(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial counsel as
provided under Sections 10 and 15 of the Capital Crimes
Litigation Act. This subsection (n) shall apply until the
conclusion of the trial of the case, even if the prosecution
chooses not to pursue the death penalty prior to trial or
sentencing.
(o) Information that is prohibited from being disclosed
under Section 4 of the Illinois Health and Hazardous Substances
Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the St. Clair County
Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information in
the form of health data or medical records contained in, stored
in, submitted to, transferred by, or released from the Illinois
Health Information Exchange, and identified or deidentified

health information in the form of health data and medical
records of the Illinois Health Information Exchange in the
possession of the Illinois Health Information Exchange
Authority due to its administration of the Illinois Health
Information Exchange. The terms "identified" and
"deidentified" shall be given the same meaning as in the Health
Insurance Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent team
of experts under Brian's Law.
(v) Names and information of people who have applied for or
received Firearm Owner's Identification Cards under the
Firearm Owners Identification Card Act.
(w) (v) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section 19.1
of the Toll Highway Act.
(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
8-12-11; 97-342, eff. 8-12-11; revised 9-2-11.)
(5 ILCS 140/11) (from Ch. 116, par. 211)
Sec. 11. (a) Any person denied access to inspect or copy
any public record by a public body may file suit for injunctive
or declaratory relief.
(b) Where the denial is from a public body of the State,

suit may be filed in the circuit court for the county where the
public body has its principal office or where the person denied
access resides.
(c) Where the denial is from a municipality or other public
body, except as provided in subsection (b) of this Section,
suit may be filed in the circuit court for the county where the
public body is located.
(d) The circuit court shall have the jurisdiction to enjoin
the public body from withholding public records and to order
the production of any public records improperly withheld from
the person seeking access. If the public body can show that
exceptional circumstances exist, and that the body is
exercising due diligence in responding to the request, the
court may retain jurisdiction and allow the agency additional
time to complete its review of the records.
(e) On motion of the plaintiff, prior to or after in camera
inspection, the court shall order the public body to provide an
index of the records to which access has been denied. The index
shall include the following:
(i) A description of the nature or contents of each
document withheld, or each deletion from a released
document, provided, however, that the public body shall not
be required to disclose the information which it asserts is
exempt; and
(ii) A statement of the exemption or exemptions claimed
for each such deletion or withheld document.

(f) In any action considered by the court, the court shall
consider the matter de novo, and shall conduct such in camera
examination of the requested records as it finds appropriate to
determine if such records or any part thereof may be withheld
under any provision of this Act. The burden shall be on the
public body to establish that its refusal to permit public
inspection or copying is in accordance with the provisions of
this Act. Any public body that asserts that a record is exempt
from disclosure has the burden of proving that it is exempt by
clear and convincing evidence.
(g) In the event of noncompliance with an order of the
court to disclose, the court may enforce its order against any
public official or employee so ordered or primarily responsible
for such noncompliance through the court's contempt powers.
(h) Except as to causes the court considers to be of
greater importance, proceedings arising under this Section
shall take precedence on the docket over all other causes and
be assigned for hearing and trial at the earliest practicable
date and expedited in every way.
(i) If a person seeking the right to inspect or receive a
copy of a public record prevails in a proceeding under this
Section, the court shall award such person reasonable
attorneys' fees and costs. In determining what amount of
attorney's fees is reasonable, the court shall consider the
degree to which the relief obtained relates to the relief
sought. The changes contained in this subsection apply to an

action filed on or after the effective date of this amendatory
Act of the 96th General Assembly.
(j) If the court determines that a public body willfully
and intentionally failed to comply with this Act, or otherwise
acted in bad faith, the court shall also impose upon the public
body a civil penalty of not less than that $2,500 nor more than
$5,000 for each occurrence. In assessing the civil penalty, the
court shall consider in aggravation or mitigation the budget of
the public body and whether the public body has previously been
assessed penalties for violations of this Act. The changes
contained in this subsection apply to an action filed on or
after the effective date of this amendatory Act of the 96th
General Assembly.
(Source: P.A. 96-542, eff. 1-1-10; revised 11-18-11.)
Section 20. The State Employees Group Insurance Act of 1971
is amended by changing Sections 6.5 and 6.11 as follows:
(5 ILCS 375/6.5)
Sec. 6.5. Health benefits for TRS benefit recipients and
TRS dependent beneficiaries.
(a) Purpose. It is the purpose of this amendatory Act of
1995 to transfer the administration of the program of health
benefits established for benefit recipients and their
dependent beneficiaries under Article 16 of the Illinois
Pension Code to the Department of Central Management Services.

(b) Transition provisions. The Board of Trustees of the
Teachers' Retirement System shall continue to administer the
health benefit program established under Article 16 of the
Illinois Pension Code through December 31, 1995. Beginning
January 1, 1996, the Department of Central Management Services
shall be responsible for administering a program of health
benefits for TRS benefit recipients and TRS dependent
beneficiaries under this Section. The Department of Central
Management Services and the Teachers' Retirement System shall
cooperate in this endeavor and shall coordinate their
activities so as to ensure a smooth transition and
uninterrupted health benefit coverage.
(c) Eligibility. All persons who were enrolled in the
Article 16 program at the time of the transfer shall be
eligible to participate in the program established under this
Section without any interruption or delay in coverage or
limitation as to pre-existing medical conditions. Eligibility
to participate shall be determined by the Teachers' Retirement
System. Eligibility information shall be communicated to the
Department of Central Management Services in a format
acceptable to the Department.
A TRS dependent beneficiary who is a child age 19 or over
and mentally or physically disabled does not become ineligible
to participate by reason of (i) becoming ineligible to be
claimed as a dependent for Illinois or federal income tax
purposes or (ii) receiving earned income, so long as those

earnings are insufficient for the child to be fully
self-sufficient.
(d) Coverage. The level of health benefits provided under
this Section shall be similar to the level of benefits provided
by the program previously established under Article 16 of the
Illinois Pension Code.
Group life insurance benefits are not included in the
benefits to be provided to TRS benefit recipients and TRS
dependent beneficiaries under this Act.
The program of health benefits under this Section may
include any or all of the benefit limitations, including but
not limited to a reduction in benefits based on eligibility for
federal medicare benefits, that are provided under subsection
(a) of Section 6 of this Act for other health benefit programs
under this Act.
(e) Insurance rates and premiums. The Director shall
determine the insurance rates and premiums for TRS benefit
recipients and TRS dependent beneficiaries, and shall present
to the Teachers' Retirement System of the State of Illinois, by
April 15 of each calendar year, the rate-setting methodology
(including but not limited to utilization levels and costs)
used to determine the amount of the health care premiums.
For Fiscal Year 1996, the premium shall be equal to the
premium actually charged in Fiscal Year 1995; in subsequent
years, the premium shall never be lower than the premium
charged in Fiscal Year 1995.

For Fiscal Year 2003, the premium shall not exceed 110%
of the premium actually charged in Fiscal Year 2002.
For Fiscal Year 2004, the premium shall not exceed 112%
of the premium actually charged in Fiscal Year 2003.
For Fiscal Year 2005, the premium shall not exceed a
weighted average of 106.6% of the premium actually charged
in Fiscal Year 2004.
For Fiscal Year 2006, the premium shall not exceed a
weighted average of 109.1% of the premium actually charged
in Fiscal Year 2005.
For Fiscal Year 2007, the premium shall not exceed a
weighted average of 103.9% of the premium actually charged
in Fiscal Year 2006.
For Fiscal Year 2008 and thereafter, the premium in
each fiscal year shall not exceed 105% of the premium
actually charged in the previous fiscal year.
Rates and premiums may be based in part on age and
eligibility for federal medicare coverage. However, the cost of
participation for a TRS dependent beneficiary who is an
unmarried child age 19 or over and mentally or physically
disabled shall not exceed the cost for a TRS dependent
beneficiary who is an unmarried child under age 19 and
participates in the same major medical or managed care program.
The cost of health benefits under the program shall be paid
as follows:
(1) For a TRS benefit recipient selecting a managed

care program, up to 75% of the total insurance rate shall
be paid from the Teacher Health Insurance Security Fund.
Effective with Fiscal Year 2007 and thereafter, for a TRS
benefit recipient selecting a managed care program, 75% of
the total insurance rate shall be paid from the Teacher
Health Insurance Security Fund.
(2) For a TRS benefit recipient selecting the major
medical coverage program, up to 50% of the total insurance
rate shall be paid from the Teacher Health Insurance
Security Fund if a managed care program is accessible, as
determined by the Teachers' Retirement System. Effective
with Fiscal Year 2007 and thereafter, for a TRS benefit
recipient selecting the major medical coverage program,
50% of the total insurance rate shall be paid from the
Teacher Health Insurance Security Fund if a managed care
program is accessible, as determined by the Department of
Central Management Services.
(3) For a TRS benefit recipient selecting the major
medical coverage program, up to 75% of the total insurance
rate shall be paid from the Teacher Health Insurance
Security Fund if a managed care program is not accessible,
as determined by the Teachers' Retirement System.
Effective with Fiscal Year 2007 and thereafter, for a TRS
benefit recipient selecting the major medical coverage
program, 75% of the total insurance rate shall be paid from
the Teacher Health Insurance Security Fund if a managed

care program is not accessible, as determined by the
Department of Central Management Services.
(3.1) For a TRS dependent beneficiary who is Medicare
primary and enrolled in a managed care plan, or the major
medical coverage program if a managed care plan is not
available, 25% of the total insurance rate shall be paid
from the Teacher Health Security Fund as determined by the
Department of Central Management Services. For the purpose
of this item (3.1), the term "TRS dependent beneficiary who
is Medicare primary" means a TRS dependent beneficiary who
is participating in Medicare Parts A and B.
(4) Except as otherwise provided in item (3.1), the
balance of the rate of insurance, including the entire
premium of any coverage for TRS dependent beneficiaries
that has been elected, shall be paid by deductions
authorized by the TRS benefit recipient to be withheld from
his or her monthly annuity or benefit payment from the
Teachers' Retirement System; except that (i) if the balance
of the cost of coverage exceeds the amount of the monthly
annuity or benefit payment, the difference shall be paid
directly to the Teachers' Retirement System by the TRS
benefit recipient, and (ii) all or part of the balance of
the cost of coverage may, at the school board's option, be
paid to the Teachers' Retirement System by the school board
of the school district from which the TRS benefit recipient
retired, in accordance with Section 10-22.3b of the School

Code. The Teachers' Retirement System shall promptly
deposit all moneys withheld by or paid to it under this
subdivision (e)(4) into the Teacher Health Insurance
Security Fund. These moneys shall not be considered assets
of the Retirement System.
(f) Financing. Beginning July 1, 1995, all revenues arising
from the administration of the health benefit programs
established under Article 16 of the Illinois Pension Code or
this Section shall be deposited into the Teacher Health
Insurance Security Fund, which is hereby created as a
nonappropriated trust fund to be held outside the State
Treasury, with the State Treasurer as custodian. Any interest
earned on moneys in the Teacher Health Insurance Security Fund
shall be deposited into the Fund.
Moneys in the Teacher Health Insurance Security Fund shall
be used only to pay the costs of the health benefit program
established under this Section, including associated
administrative costs, and the costs associated with the health
benefit program established under Article 16 of the Illinois
Pension Code, as authorized in this Section. Beginning July 1,
1995, the Department of Central Management Services may make
expenditures from the Teacher Health Insurance Security Fund
for those costs.
After other funds authorized for the payment of the costs
of the health benefit program established under Article 16 of
the Illinois Pension Code are exhausted and until January 1,

1996 (or such later date as may be agreed upon by the Director
of Central Management Services and the Secretary of the
Teachers' Retirement System), the Secretary of the Teachers'
Retirement System may make expenditures from the Teacher Health
Insurance Security Fund as necessary to pay up to 75% of the
cost of providing health coverage to eligible benefit
recipients (as defined in Sections 16-153.1 and 16-153.3 of the
Illinois Pension Code) who are enrolled in the Article 16
health benefit program and to facilitate the transfer of
administration of the health benefit program to the Department
of Central Management Services.
The Department of Healthcare and Family Services, or any
successor agency designated to procure healthcare contracts
pursuant to this Act, is authorized to establish funds,
separate accounts provided by any bank or banks as defined by
the Illinois Banking Act, or separate accounts provided by any
savings and loan association or associations as defined by the
Illinois Savings and Loan Act of 1985 to be held by the
Director, outside the State treasury, for the purpose of
receiving the transfer of moneys from the Teacher Health
Insurance Security Fund. The Department may promulgate rules
further defining the methodology for the transfers. Any
interest earned by moneys in the funds or accounts shall inure
to the Teacher Health Insurance Security Fund. The transferred
moneys, and interest accrued thereon, shall be used exclusively
for transfers to administrative service organizations or their

financial institutions for payments of claims to claimants and
providers under the self-insurance health plan. The
transferred moneys, and interest accrued thereon, shall not be
used for any other purpose including, but not limited to,
reimbursement of administration fees due the administrative
service organization pursuant to its contract or contracts with
the Department.
(g) Contract for benefits. The Director shall by contract,
self-insurance, or otherwise make available the program of
health benefits for TRS benefit recipients and their TRS
dependent beneficiaries that is provided for in this Section.
The contract or other arrangement for the provision of these
health benefits shall be on terms deemed by the Director to be
in the best interest of the State of Illinois and the TRS
benefit recipients based on, but not limited to, such criteria
as administrative cost, service capabilities of the carrier or
other contractor, and the costs of the benefits.
(g-5) Committee. A Teacher Retirement Insurance Program
Committee shall be established, to consist of 10 persons
appointed by the Governor.
The Committee shall convene at least 4 times each year, and
shall consider and make recommendations on issues affecting the
program of health benefits provided under this Section.
Recommendations of the Committee shall be based on a consensus
of the members of the Committee.
If the Teacher Health Insurance Security Fund experiences a

deficit balance based upon the contribution and subsidy rates
established in this Section and Section 6.6 for Fiscal Year
2008 or thereafter, the Committee shall make recommendations
for adjustments to the funding sources established under these
Sections.
In addition, the Committee shall identify proposed
solutions to the funding shortfalls that are affecting the
Teacher Health Insurance Security Fund, and it shall report
those solutions to the Governor and the General Assembly within
6 months after August 15, 2011 (the effective date of Public
Act 97-386) this amendatory Act of the 97th General Assembly.
(h) Continuation of program. It is the intention of the
General Assembly that the program of health benefits provided
under this Section be maintained on an ongoing, affordable
basis.
The program of health benefits provided under this Section
may be amended by the State and is not intended to be a pension
or retirement benefit subject to protection under Article XIII,
Section 5 of the Illinois Constitution.
(i) Repeal. (Blank).
(Source: P.A. 96-1519, eff. 2-4-11; 97-386, eff. 8-15-11;
revised 9-2-11.)
(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, 356z.13,
356z.14, 356z.15, and 356z.17 and 356z.19 of the Illinois
Insurance Code. The program of health benefits must comply with
Sections 155.22a, and 155.37, and 356z.19 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. 96-139, eff. 1-1-10; 96-328, eff. 8-11-09;
96-639, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-282, eff. 8-9-11;
97-343, eff. 1-1-12; revised 10-14-11.)
Section 25. The State Officials and Employees Ethics Act is
amended by changing Section 1-5 as follows:
(5 ILCS 430/1-5)
Sec. 1-5. Definitions. As used in this Act:
"Appointee" means a person appointed to a position in or

with a State agency, regardless of whether the position is
compensated.
"Board members of Regional Transit Boards" means any person
appointed to serve on the governing board of a Regional Transit
Board.
"Campaign for elective office" means any activity in
furtherance of an effort to influence the selection,
nomination, election, or appointment of any individual to any
federal, State, or local public office or office in a political
organization, or the selection, nomination, or election of
Presidential or Vice-Presidential electors, but does not
include activities (i) relating to the support or opposition of
any executive, legislative, or administrative action (as those
terms are defined in Section 2 of the Lobbyist Registration
Act), (ii) relating to collective bargaining, or (iii) that are
otherwise in furtherance of the person's official State duties.
"Candidate" means a person who has filed nominating papers
or petitions for nomination or election to an elected State
office, or who has been appointed to fill a vacancy in
nomination, and who remains eligible for placement on the
ballot at either a general primary election or general
election.
"Collective bargaining" has the same meaning as that term
is defined in Section 3 of the Illinois Public Labor Relations
Act.
"Commission" means an ethics commission created by this

Act.
"Compensated time" means any time worked by or credited to
a State employee that counts toward any minimum work time
requirement imposed as a condition of employment with a State
agency, but does not include any designated State holidays or
any period when the employee is on a leave of absence.
"Compensatory time off" means authorized time off earned by
or awarded to a State employee to compensate in whole or in
part for time worked in excess of the minimum work time
required of that employee as a condition of employment with a
State agency.
"Contribution" has the same meaning as that term is defined
in Section 9-1.4 of the Election Code.
"Employee" means (i) any person employed full-time,
part-time, or pursuant to a contract and whose employment
duties are subject to the direction and control of an employer
with regard to the material details of how the work is to be
performed or (ii) any appointed or elected commissioner,
trustee, director, or board member of a board of a State
agency, including any retirement system or investment board
subject to the Illinois Pension Code or (iii) any other
appointee.
"Employment benefits" include but are not limited to the
following: modified compensation or benefit terms; compensated
time off; or change of title, job duties, or location of office
or employment. An employment benefit may also include favorable

treatment in determining whether to bring any disciplinary or
similar action or favorable treatment during the course of any
disciplinary or similar action or other performance review.
"Executive branch constitutional officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer.
"Gift" means any gratuity, discount, entertainment,
hospitality, loan, forbearance, or other tangible or
intangible item having monetary value including, but not
limited to, cash, food and drink, and honoraria for speaking
engagements related to or attributable to government
employment or the official position of an employee, member, or
officer. The value of a gift may be further defined by rules
adopted by the appropriate ethics commission or by the Auditor
General for the Auditor General and for employees of the office
of the Auditor General.
"Governmental entity" means a unit of local government
(including a community college district) or a school district
but not a State agency or a Regional Transit Board.
"Leave of absence" means any period during which a State
employee does not receive (i) compensation for State
employment, (ii) service credit towards State pension
benefits, and (iii) health insurance benefits paid for by the
State.
"Legislative branch constitutional officer" means a member
of the General Assembly and the Auditor General.

"Legislative leader" means the President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives.
"Member" means a member of the General Assembly.
"Officer" means an executive branch constitutional officer
or a legislative branch constitutional officer.
"Political" means any activity in support of or in
connection with any campaign for elective office or any
political organization, but does not include activities (i)
relating to the support or opposition of any executive,
legislative, or administrative action (as those terms are
defined in Section 2 of the Lobbyist Registration Act), (ii)
relating to collective bargaining, or (iii) that are otherwise
in furtherance of the person's official State duties or
governmental and public service functions.
"Political organization" means a party, committee,
association, fund, or other organization (whether or not
incorporated) that is required to file a statement of
organization with the State Board of Elections or a county
clerk under Section 9-3 of the Election Code, but only with
regard to those activities that require filing with the State
Board of Elections or a county clerk.
"Prohibited political activity" means:
(1) Preparing for, organizing, or participating in any
political meeting, political rally, political
demonstration, or other political event.

(2) Soliciting contributions, including but not
limited to the purchase of, selling, distributing, or
receiving payment for tickets for any political
fundraiser, political meeting, or other political event.
(3) Soliciting, planning the solicitation of, or
preparing any document or report regarding any thing of
value intended as a campaign contribution.
(4) Planning, conducting, or participating in a public
opinion poll in connection with a campaign for elective
office or on behalf of a political organization for
political purposes or for or against any referendum
question.
(5) Surveying or gathering information from potential
or actual voters in an election to determine probable vote
outcome in connection with a campaign for elective office
or on behalf of a political organization for political
purposes or for or against any referendum question.
(6) Assisting at the polls on election day on behalf of
any political organization or candidate for elective
office or for or against any referendum question.
(7) Soliciting votes on behalf of a candidate for
elective office or a political organization or for or
against any referendum question or helping in an effort to
get voters to the polls.
(8) Initiating for circulation, preparing,
circulating, reviewing, or filing any petition on behalf of

a candidate for elective office or for or against any
referendum question.
(9) Making contributions on behalf of any candidate for
elective office in that capacity or in connection with a
campaign for elective office.
(10) Preparing or reviewing responses to candidate
questionnaires in connection with a campaign for elective
office or on behalf of a political organization for
political purposes.
(11) Distributing, preparing for distribution, or
mailing campaign literature, campaign signs, or other
campaign material on behalf of any candidate for elective
office or for or against any referendum question.
(12) Campaigning for any elective office or for or
against any referendum question.
(13) Managing or working on a campaign for elective
office or for or against any referendum question.
(14) Serving as a delegate, alternate, or proxy to a
political party convention.
(15) Participating in any recount or challenge to the
outcome of any election, except to the extent that under
subsection (d) of Section 6 of Article IV of the Illinois
Constitution each house of the General Assembly shall judge
the elections, returns, and qualifications of its members.
"Prohibited source" means any person or entity who:
(1) is seeking official action (i) by the member or

officer or (ii) in the case of an employee, by the employee
or by the member, officer, State agency, or other employee
directing the employee;
(2) does business or seeks to do business (i) with the
member or officer or (ii) in the case of an employee, with
the employee or with the member, officer, State agency, or
other employee directing the employee;
(3) conducts activities regulated (i) by the member or
officer or (ii) in the case of an employee, by the employee
or by the member, officer, State agency, or other employee
directing the employee;
(4) has interests that may be substantially affected by
the performance or non-performance of the official duties
of the member, officer, or employee;
(5) is registered or required to be registered with the
Secretary of State under the Lobbyist Registration Act,
except that an entity not otherwise a prohibited source
does not become a prohibited source merely because a
registered lobbyist is one of its members or serves on its
board of directors; or
(6) is an agent of, a spouse of, or an immediate family
member who is living with a "prohibited source".
"Regional Transit Boards" means (i) the Regional
Transportation Authority created by the Regional
Transportation Authority Act, (ii) the Suburban Bus Division
created by the Regional Transportation Authority Act, (iii) the

Commuter Rail Division created by the Regional Transportation
Authority Act, and (iv) the Chicago Transit Authority created
by the Metropolitan Transit Authority Act.
"State agency" includes all officers, boards, commissions
and agencies created by the Constitution, whether in the
executive or legislative branch; all officers, departments,
boards, commissions, agencies, institutions, authorities,
public institutions of higher learning as defined in Section 2
of the Higher Education Cooperation Act (except community
colleges), and bodies politic and corporate of the State; and
administrative units or corporate outgrowths of the State
government which are created by or pursuant to statute, other
than units of local government (including community college
districts) and their officers, school districts, and boards of
election commissioners; and all administrative units and
corporate outgrowths of the above and as may be created by
executive order of the Governor. "State agency" includes the
General Assembly, the Senate, the House of Representatives, the
President and Minority Leader of the Senate, the Speaker and
Minority Leader of the House of Representatives, the Senate
Operations Commission, and the legislative support services
agencies. "State agency" includes the Office of the Auditor
General. "State agency" does not include the judicial branch.
"State employee" means any employee of a State agency.
"Ultimate jurisdictional authority" means the following:
(1) For members, legislative partisan staff, and

legislative secretaries, the appropriate legislative
leader: President of the Senate, Minority Leader of the
Senate, Speaker of the House of Representatives, or
Minority Leader of the House of Representatives.
(2) For State employees who are professional staff or
employees of the Senate and not covered under item (1), the
Senate Operations Commission.
(3) For State employees who are professional staff or
employees of the House of Representatives and not covered
under item (1), the Speaker of the House of
Representatives.
(4) For State employees who are employees of the
legislative support services agencies, the Joint Committee
on Legislative Support Services.
(5) For State employees of the Auditor General, the
Auditor General.
(6) For State employees of public institutions of
higher learning as defined in Section 2 of the Higher
Education Cooperation Act (except community colleges), the
board of trustees of the appropriate public institution of
higher learning.
(7) For State employees of an executive branch
constitutional officer other than those described in
paragraph (6), the appropriate executive branch
constitutional officer.
(8) For State employees not under the jurisdiction of

paragraph (1), (2), (3), (4), (5), (6), or (7), the
Governor.
(9) For employees of Regional Transit Boards, the
appropriate Regional Transit Board.
(10) For board members of Regional Transit Boards, the
Governor.
(Source: P.A. 95-880, eff. 8-19-08; 96-6, eff. 4-3-09; 96-555,
eff. 8-18-09; 96-1528, eff. 7-1-11; 96-1533, eff. 3-4-11;
revised 10-20-11.)
Section 30. The Election Code is amended by changing
Sections 3-3, 4-6.3, 4-10, 5-9, 5-16.3, 6-50.3, 6-56, 19-4,
19-12.1, 19-12.2, and 24-11 as follows:
(10 ILCS 5/3-3) (from Ch. 46, par. 3-3)
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,
the Specialized Mental Health Rehabilitation Act, or the ID/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;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
revised 9-2-11.)
(10 ILCS 5/4-6.3) (from Ch. 46, par. 4-6.3)
Sec. 4-6.3. The county clerk may establish a temporary
place of registration for such times and at such locations
within the county as the county clerk may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of the time and place of
registration under this Section shall be published by the
county clerk in a newspaper having a general circulation in the
county not less than 3 nor more than 15 days before the holding
of such registration.
Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of

private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act, Soldiers' and Sailors' Homes, shopping
centers, business districts, public buildings and county
fairs.
Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 4-6.2.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-2-11.)
(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of him
by the registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification

shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:
"You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your name, place of residence, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and

Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act, or the ID/DD Community Care Act, the
following question shall be put, "When you entered the home
which is your present address, was it your bona fide intention
to become a resident thereof?" Any voter of a township, city,
village or incorporated town in which such applicant resides,
shall be permitted to be present at the place of any precinct
registration and shall have the right to challenge any
applicant who applies to be registered.
In case the officer is not satisfied that the applicant is
qualified he shall forthwith notify such applicant in writing
to appear before the county clerk to complete his registration.
Upon the card of such applicant shall be written the word
"incomplete" and no such applicant shall be permitted to vote
unless such registration is satisfactorily completed as
hereinafter provided. No registration shall be taken and marked
as incomplete if information to complete it can be furnished on
the date of the original application.
Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete" may
make and sign an application in writing, under oath, to the
county clerk in substance in the following form:
"I do solemnly swear that I, ...., did on (insert date)
make application to the board of registry of the .... precinct
of the township of .... (or to the county clerk of .... county)

and that said board or clerk refused to complete my
registration as a qualified voter in said precinct. That I
reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and am
entitled to be registered to vote in said precinct at the next
election.
(Signature of applicant) ............................."
All such applications shall be presented to the county
clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within 27
days preceding the ensuing general election and thereafter for
the registration provided in Section 4-7 all such applications
shall be presented to the county clerk or his duly authorized
representative by the applicant in person between the hours of
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
the ensuing general election. Such application shall be heard
by the county clerk or his duly authorized representative at
the time the application is presented. If the applicant for
registration has registered with the county clerk, such
application may be presented to and heard by the county clerk
or by his duly authorized representative upon the dates
specified above or at any time prior thereto designated by the
county clerk.

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

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

Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 4-8 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
revised 9-2-11.)
(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration officer,
answers such relevant questions as may be asked of him by the
registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership

card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
One of the Deputy Registrars, the Judge of Registration, or
an Officer of Registration, County Clerk, or clerk in the
office of the County Clerk, shall administer to all persons who
shall personally apply to register the following oath or
affirmation:
"You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your place of residence, name, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act, or the ID/DD Community Care Act, the
following question shall be put, "When you entered the home

which is your present address, was it your bona fide intention
to become a resident thereof?" Any voter of a township, city,
village or incorporated town in which such applicant resides,
shall be permitted to be present at the place of precinct
registration, and shall have the right to challenge any
applicant who applies to be registered.
In case the officer is not satisfied that the applicant is
qualified, he shall forthwith in writing notify such applicant
to appear before the County Clerk to furnish further proof of
his qualifications. Upon the card of such applicant shall be
written the word "Incomplete" and no such applicant shall be
permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as "incomplete" if information to complete it
can be furnished on the date of the original application.
Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and sign
an application in writing, under oath, to the County Clerk in
substance in the following form:
"I do solemnly swear that I, .........., did on (insert
date) make application to the Board of Registry of the ........
precinct of ........ ward of the City of .... or of the
......... District ......... Town of .......... (or to the
County Clerk of .............) and ............ County; that
said Board or Clerk refused to complete my registration as a

qualified voter in said precinct, that I reside in said
precinct (or that I intend to reside in said precinct), am a
duly qualified voter and entitled to vote in said precinct at
the next election.
...........................
(Signature of Applicant)"
All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter
for the registration provided in Section 5-17 of this Article,
all such applications shall be presented to the County Clerk by
the applicant in person between the hours of nine o'clock a.m.
and nine o'clock p.m. on Monday and Tuesday of the third week
prior to the date on which such election is to be held.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,

which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)

)ss
County of ........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return
to the State of Illinois, and that the above statements are
true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 5-7 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he

had applied for registration in person.
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
revised 9-2-11.)
(10 ILCS 5/5-16.3) (from Ch. 46, par. 5-16.3)
Sec. 5-16.3. The county clerk may establish temporary
places of registration for such times and at such locations
within the county as the county clerk may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of time and place of
registration at any such temporary place of registration under
this Section shall be published by the county clerk in a
newspaper having a general circulation in the county not less
than 3 nor more than 15 days before the holding of such
registration.
Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act, Soldiers' and Sailors' Homes, shopping
centers, business districts, public buildings and county

fairs.
Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 5-16.2.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-2-11.)
(10 ILCS 5/6-50.3) (from Ch. 46, par. 6-50.3)
Sec. 6-50.3. The board of election commissioners may
establish temporary places of registration for such times and
at such locations as the board may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of the time and place of
registration at any such temporary place of registration under
this Section shall be published by the board of election
commissioners in a newspaper having a general circulation in
the city, village or incorporated town not less than 3 nor more
than 15 days before the holding of such registration.
Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of

registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act, Soldiers' and Sailors' Homes, shopping
centers, business districts, public buildings and county
fairs.
Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
All temporary places of registration shall be manned by
employees of the board of election commissioners or deputy
registrars appointed pursuant to Section 6-50.2.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-2-11.)
(10 ILCS 5/6-56) (from Ch. 46, par. 6-56)
Sec. 6-56. Not more than 30 nor less than 28 days before
any election under this Article, all owners, managers,
administrators or operators of hotels, lodging houses, rooming
houses, furnished apartments or facilities licensed or
certified under the Nursing Home Care Act, which house 4 or
more persons, outside the members of the family of such owner,
manager, administrator or operator, shall file with the board
of election commissioners a report, under oath, together with
one copy thereof, in such form as may be required by the board
of election commissioners, of the names and descriptions of all

lodgers, guests or residents claiming a voting residence at the
hotels, lodging houses, rooming houses, furnished apartments,
or facility licensed or certified under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act, or the
ID/DD Community Care Act under their control. In counties
having a population of 500,000 or more such report shall be
made on forms mailed to them by the board of election
commissioners. The board of election commissioners shall sort
and assemble the sworn copies of the reports in numerical order
according to ward and according to precincts within each ward
and shall, not later than 5 days after the last day allowed by
this Article for the filing of the reports, maintain one
assembled set of sworn duplicate reports available for public
inspection until 60 days after election days. Except as is
otherwise expressly provided in this Article, the board shall
not be required to perform any duties with respect to the sworn
reports other than to mail, sort, assemble, post and file them
as hereinabove provided.
Except in such cases where a precinct canvass is being
conducted by the Board of Election Commissioners prior to a
Primary or Election, the board of election commissioners shall
compare the original copy of each such report with the list of
registered voters from such addresses. Every person registered
from such address and not listed in such report or whose name
is different from any name so listed, shall immediately after
the last day of registration be sent a notice through the

United States mail, at the address appearing upon his
registration record card, requiring him to appear before the
board of election commissioners on one of the days specified in
Section 6-45 of this Article and show cause why his
registration should not be cancelled. The provisions of
Sections 6-45, 6-46 and 6-47 of this Article shall apply to
such hearing and proceedings subsequent thereto.
Any owner, manager or operator of any such hotel, lodging
house, rooming house or furnished apartment who shall fail or
neglect to file such statement and copy thereof as in this
Article provided, may, upon written information of the attorney
for the election commissioners, be cited by the election
commissioners or upon the complaint of any voter of such city,
village or incorporated town, to appear before them and furnish
such sworn statement and copy thereof and make such oral
statements under oath regarding such hotel, lodging house,
rooming house or furnished apartment, as the election
commissioners may require. The election commissioners shall
sit to hear such citations on the Friday of the fourth week
preceding the week in which such election is to be held. Such
citation shall be served not later than the day preceding the
day on which it is returnable.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-2-11.)
(10 ILCS 5/19-4) (from Ch. 46, par. 19-4)

Sec. 19-4. Mailing or delivery of ballots - Time.)
Immediately upon the receipt of such application either by
mail, not more than 40 days nor less than 5 days prior to such
election, or by personal delivery not more than 40 days nor
less than one day prior to such election, at the office of such
election authority, it shall be the duty of such election
authority to examine the records to ascertain whether or not
such applicant is lawfully entitled to vote as requested,
including a verification of the applicant's signature by
comparison with the signature on the official registration
record card, and if found so to be entitled to vote, to post
within one business day thereafter the name, street address,
ward and precinct number or township and district number, as
the case may be, of such applicant given on a list, the pages
of which are to be numbered consecutively to be kept by such
election authority for such purpose in a conspicuous, open and
public place accessible to the public at the entrance of the
office of such election authority, and in such a manner that
such list may be viewed without necessity of requesting
permission therefor. Within one day after posting the name and
other information of an applicant for an absentee ballot, the
election authority shall transmit that name and other posted
information to the State Board of Elections, which shall
maintain those names and other information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. Within 2 business days

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

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

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

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-2-11.)
(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
Sec. 19-12.1. Any qualified elector who has secured an
Illinois Disabled Person Identification Card in accordance
with the The Illinois Identification Card Act, indicating that
the person named thereon has a Class 1A or Class 2 disability
or any qualified voter who has a permanent physical incapacity
of such a nature as to make it improbable that he will be able
to be present at the polls at any future election, or any voter
who is a resident of (i) a federally operated veterans' home,
hospital, or facility located in Illinois or (ii) a facility
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act and has a condition or disability of such a
nature as to make it improbable that he will be able to be
present at the polls at any future election, may secure a
disabled voter's or nursing home resident's identification
card, which will enable him to vote under this Article as a
physically incapacitated or nursing home voter. For the
purposes of this Section, "federally operated veterans' home,
hospital, or facility" means the long-term care facilities at
the Jesse Brown VA Medical Center, Illiana Health Care System,
Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and
Captain James A. Lovell Federal Health Care Center.

Application for a disabled voter's or nursing home
resident's identification card shall be made either: (a) in
writing, with voter's sworn affidavit, to the county clerk or
board of election commissioners, as the case may be, and shall
be accompanied by the affidavit of the attending physician
specifically describing the nature of the physical incapacity
or the fact that the voter is a nursing home resident and is
physically unable to be present at the polls on election days;
or (b) by presenting, in writing or otherwise, to the county
clerk or board of election commissioners, as the case may be,
proof that the applicant has secured an Illinois Disabled
Person Identification Card indicating that the person named
thereon has a Class 1A or Class 2 disability. Upon the receipt
of either the sworn-to application and the physician's
affidavit or proof that the applicant has secured an Illinois
Disabled Person Identification Card indicating that the person
named thereon has a Class 1A or Class 2 disability, the county
clerk or board of election commissioners shall issue a disabled
voter's or nursing home resident's identification card. Such
identification cards shall be issued for a period of 5 years,
upon the expiration of which time the voter may secure a new
card by making application in the same manner as is prescribed
for the issuance of an original card, accompanied by a new
affidavit of the attending physician. The date of expiration of
such five-year period shall be made known to any interested
person by the election authority upon the request of such

person. Applications for the renewal of the identification
cards shall be mailed to the voters holding such cards not less
than 3 months prior to the date of expiration of the cards.
Each disabled voter's or nursing home resident's
identification card shall bear an identification number, which
shall be clearly noted on the voter's original and duplicate
registration record cards. In the event the holder becomes
physically capable of resuming normal voting, he must surrender
his disabled voter's or nursing home resident's identification
card to the county clerk or board of election commissioners
before the next election.
The holder of a disabled voter's or nursing home resident's
identification card may make application by mail for an
official ballot within the time prescribed by Section 19-2.
Such application shall contain the same information as is
included in the form of application for ballot by a physically
incapacitated elector prescribed in Section 19-3 except that it
shall also include the applicant's disabled voter's
identification card number and except that it need not be sworn
to. If an examination of the records discloses that the
applicant is lawfully entitled to vote, he shall be mailed a
ballot as provided in Section 19-4. The ballot envelope shall
be the same as that prescribed in Section 19-5 for physically
disabled voters, and the manner of voting and returning the
ballot shall be the same as that provided in this Article for
other absentee ballots, except that a statement to be

subscribed to by the voter but which need not be sworn to shall
be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a
Class A misdemeanor.
For the purposes of this Section, "nursing home resident"
includes a resident of (i) a federally operated veterans' home,
hospital, or facility located in Illinois or (ii) a facility
licensed under the ID/DD MR/DD Community Care Act or the
Specialized Mental Health Rehabilitation Act. For the purposes
of this Section, "federally operated veterans' home, hospital,
or facility" means the long-term care facilities at the Jesse
Brown VA Medical Center, Illiana Health Care System, Edward
Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
James A. Lovell Federal Health Care Center.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-275, eff. 1-1-12; revised 9-2-11.)
(10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
Sec. 19-12.2. Voting by physically incapacitated electors
who have made proper application to the election authority not
later than 5 days before the regular primary and general
election of 1980 and before each election thereafter shall be
conducted on the premises of (i) federally operated veterans'
homes, hospitals, and facilities located in Illinois or (ii)

facilities licensed or certified pursuant to the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act, or
the ID/DD Community Care Act for the sole benefit of residents
of such homes, hospitals, and facilities. For the purposes of
this Section, "federally operated veterans' home, hospital, or
facility" means the long-term care facilities at the Jesse
Brown VA Medical Center, Illiana Health Care System, Edward
Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
James A. Lovell Federal Health Care Center. Such voting shall
be conducted during any continuous period sufficient to allow
all applicants to cast their ballots between the hours of 9
a.m. and 7 p.m. either on the Friday, Saturday, Sunday or
Monday immediately preceding the regular election. This
absentee voting on one of said days designated by the election
authority shall be supervised by two election judges who must
be selected by the election authority in the following order of
priority: (1) from the panel of judges appointed for the
precinct in which such home, hospital, or facility is located,
or from a panel of judges appointed for any other precinct
within the jurisdiction of the election authority in the same
ward or township, as the case may be, in which the home,
hospital, or facility is located or, only in the case where a
judge or judges from the precinct, township or ward are
unavailable to serve, (3) from a panel of judges appointed for
any other precinct within the jurisdiction of the election
authority. The two judges shall be from different political

parties. Not less than 30 days before each regular election,
the election authority shall have arranged with the chief
administrative officer of each home, hospital, or facility in
his or its election jurisdiction a mutually convenient time
period on the Friday, Saturday, Sunday or Monday immediately
preceding the election for such voting on the premises of the
home, hospital, or facility and shall post in a prominent place
in his or its office a notice of the agreed day and time period
for conducting such voting at each home, hospital, or facility;
provided that the election authority shall not later than noon
on the Thursday before the election also post the names and
addresses of those homes, hospitals, and facilities from which
no applications were received and in which no supervised
absentee voting will be conducted. All provisions of this Code
applicable to pollwatchers shall be applicable herein. To the
maximum extent feasible, voting booths or screens shall be
provided to insure the privacy of the voter. Voting procedures
shall be as described in Article 17 of this Code, except that
ballots shall be treated as absentee ballots and shall not be
counted until the close of the polls on the following day.
After the last voter has concluded voting, the judges shall
seal the ballots in an envelope and affix their signatures
across the flap of the envelope. Immediately thereafter, the
judges shall bring the sealed envelope to the office of the
election authority who shall deliver such ballots to the
election authority's central ballot counting location prior to

the closing of the polls on the day of election. The judges of
election shall also report to the election authority the name
of any applicant in the home, hospital, or facility who, due to
unforeseen circumstance or condition or because of a religious
holiday, was unable to vote. In this event, the election
authority may appoint a qualified person from his or its staff
to deliver the ballot to such applicant on the day of election.
This staff person shall follow the same procedures prescribed
for judges conducting absentee voting in such homes, hospitals,
or facilities and shall return the ballot to the central ballot
counting location before the polls close. However, if the home,
hospital, or facility from which the application was made is
also used as a regular precinct polling place for that voter,
voting procedures heretofore prescribed may be implemented by 2
of the election judges of opposite party affiliation assigned
to that polling place during the hours of voting on the day of
the election. Judges of election shall be compensated not less
than $25.00 for conducting absentee voting in such homes,
hospitals, or facilities.
Not less than 120 days before each regular election, the
Department of Public Health shall certify to the State Board of
Elections a list of the facilities licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act, or the ID/DD Community Care Act. The
lists shall indicate the approved bed capacity and the name of
the chief administrative officer of each such home, hospital,

or facility, and the State Board of Elections shall certify the
same to the appropriate election authority within 20 days
thereafter.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-275, eff. 1-1-12; revised 9-2-11.)
(10 ILCS 5/24-11) (from Ch. 46, par. 24-11)
Sec. 24-11. That portion of cardboard, paper or other
material, placed on the front of the machine and containing the
names of the candidates shall be known in this Article as a
ballot label. The ballot labels shall be supplied by the
election authority, and shall be printed in black ink on clear
white material of such size as will fit the machine and in
plain, clear type, and shall provide space, not less than
one-half inch in height and one and one-half inches in width
for the printing of each candidate's name with such other
wording as is required by law. However, ballot labels for use
at the nonpartisan and consolidated elections may be printed on
different color material, except blue material, whenever
necessary or desirable to facilitate distinguishing between
different political subdivisions on the machine. The names of
all candidates shall be printed in uniform size in boldface
type. The party name or other designation shall be prefixed to
the list of the candidates of such party. The order of the
lists of candidates of the several parties shall be arranged as
is in this Act provided, except that the lists may be placed in

horizontal rows or vertical columns, which parties may, if
desired be divided into parallel and contiguous rows or
columns. Where presidential electors are to be voted for at any
election, then there may be placed on the ballot labels a
bracket in which are the names of the candidates for President
and Vice President of the party or group. Each question or
other proposition, to be submitted to a vote of the electors
shall appear on the ballot labels, in the form prescribed
therefor, but if no such form is prescribed then they shall be
in brief form, not to exceed 75 words. The ballot label for
each candidate or group of candidates nominated or seeking
nomination by a political party shall contain the name of the
political party.
In any election in which there is submitted a proposal or
proposals for a constitutional amendment or amendments or for
calling of a constitutional convention the ballot label for the
separate ballot for such proposals shall be printed on blue,
rather than white, material.
In elections held pursuant to the provisions of Section 12
of Article VI of the Constitution relating to retention of
judges in office, the ballot label for the judicial retention
propositions shall be printed on green, rather than white,
material.
If any voting machine being used in an election or primary
shall become out of order during such election or primary, it
shall, if possible, be repaired or another machine substituted

by the custodian or election authority, for which purpose the
proper authorities may purchase as many extra voting machines
as they may deem necessary, but in case such necessary repairs
or substitution cannot be made immediately, paper ballots,
printed or written and of suitable form, shall be used for the
taking of votes. The paper ballots to be used in such event
shall be prepared and distributed to the various precincts in
the manner provided for in Sections 16-3 and 16-4 of this
Election Code; except that the election authority shall supply
a number of ballots to each precinct equal to at least 20% of
the number of voters registered to vote in that precinct. If a
method of election for any candidates is prescribed by law, in
which the use of voting machines is not possible or
practicable, or in case, at any election the number of
candidates nominated or seeking nomination for any office
renders the use of the voting machine for such office at such
election impracticable, or if for any reason, at any election
the use of voting machines is not practicable or possible, the
proper officer or officers having charge of the preparation of
the ballot labels for the machines may arrange to have the
voting for such or all candidates for offices officers
conducted by paper ballots. In such cases ballots shall be
printed for such or all candidates, and the election conducted
by the election officers herein provided for, and the ballots
counted and return thereof made in the manner required by law
for such candidate or candidates or offices, insofar as paper

ballots are used.
(Source: P.A. 80-1469; revised 11-21-11.)
Section 35. The State Budget Law of the Civil
Administrative Code of Illinois is amended by changing Section
50-5 as follows:
(15 ILCS 20/50-5)
Sec. 50-5. Governor to submit State budget.
(a) The Governor shall, as soon as possible and not later
than the second Wednesday in March in 2010 (March 10, 2010) and
the third Wednesday in February of each year beginning in 2011,
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, and the estimated
revenues from sources other than taxation. Except with respect
to the capital development provisions of the State budget,
beginning with the revenue estimates prepared for fiscal year
2012, revenue estimates shall be based solely on: (i) revenue
sources (including non-income resources), rates, and levels
that exist as of the date of the submission of the State budget
for the fiscal year and (ii) revenue sources (including
non-income resources), rates, and levels that have been passed
by the General Assembly as of the date of the submission of the

State budget for the fiscal year and that are authorized to
take effect in that fiscal year. Except with respect to the
capital development provisions of the State budget, the
Governor shall determine available revenue, deduct the cost of
essential government services, including, but not limited to,
pension payments and debt service, and assign a percentage of
the remaining revenue to each statewide prioritized goal, as
established in Section 50-25 of this Law, taking into
consideration the proposed goals set forth in the report of the
Commission established under that Section. The Governor shall
also demonstrate how spending priorities for the fiscal year
fulfill those statewide goals. The amounts recommended by the
Governor for appropriation to the respective departments,
offices and institutions shall be formulated according to each
department's, office's, and institution's ability to
effectively deliver services that meet the established
statewide goals. 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. In addition, the amounts recommended by the
Governor for appropriation shall take into account each State
agency's effectiveness in achieving its prioritized goals for
the previous fiscal year, as set forth in Section 50-25 of this
Law, giving priority to agencies and programs that have
demonstrated a focus on the prevention of waste and the maximum
yield from resources.

Beginning in fiscal year 2011, the Governor shall
distribute written quarterly financial reports on operating
funds, which may include general, State, or federal funds and
may include funds related to agencies that have significant
impacts on State operations, and budget statements on all
appropriated funds to the General Assembly and the State
Comptroller. The reports shall be submitted no later than 45
days after the last day of each quarter of the fiscal year and
shall be posted on the Governor's Office of Management and
Budget's website on the same day. The reports shall be prepared
and presented for each State agency and on a statewide level in
an executive summary format that may include, for the fiscal
year to date, individual itemizations for each significant
revenue type as well as itemizations of expenditures and
obligations, by agency, with an appropriate level of detail.
The reports shall include a calculation of the actual total
budget surplus or deficit for the fiscal year to date. The
Governor shall also present periodic budget addresses
throughout the fiscal year at the invitation of the General
Assembly.
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
Section. Appropriations may be adjusted during the fiscal year
by means of one or more supplemental appropriation bills if any
State agency either fails to meet or exceeds the goals set

forth in Section 50-25 of this Law.
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

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

Assembly to be available during that year.
(b) By February 24, 2010, the Governor must file a written
report with the Secretary of the Senate and the Clerk of the
House of Representatives containing the following:
(1) for fiscal year 2010, the revenues for all budgeted
funds, both actual to date and estimated for the full
fiscal year;
(2) for fiscal year 2010, the expenditures for all
budgeted funds, both actual to date and estimated for the
full fiscal year;
(3) for fiscal year 2011, the estimated revenues for
all budgeted funds, including without limitation the
affordable General Revenue Fund appropriations, for the
full fiscal year; and
(4) for fiscal year 2011, an estimate of the
anticipated liabilities for all budgeted funds, including
without limitation the affordable General Revenue Fund
appropriations, debt service on bonds issued, and the
State's contributions to the pension systems, for the full
fiscal year.
Between July 1 and August 31 of each fiscal year, the
members of the General Assembly and members of the public may
make written budget recommendations to the Governor.
Beginning with budgets prepared for fiscal year 2013, the
budgets submitted by the Governor and appropriations made by
the General Assembly for all executive branch State agencies

must adhere to a method of budgeting where each priority must
be justified each year according to merit rather than according
to the amount appropriated for the preceding year.
(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10;
96-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; revised
2-17-11.)
Section 40. The Comptroller's Records Act is amended by
changing Section 3 as follows:
(15 ILCS 415/3) (from Ch. 15, par. 27)
Sec. 3. Records to be photographed or reproduced on film or
in any electronic media. The State Comptroller may have any
records kept by him photographed, microfilmed, or otherwise
reproduced on film or in any electronic media prior to
destruction; provided, that prior to the destruction of any
warrants, the Comptroller shall have those warrants
photographed, microfilmed or otherwise reproduced on film or in
any electronic media, in 2 copies.
Reproductions shall be placed in conveniently accessible
files and and provisions made for preserving, examining and
using them.
(Source: P.A. 90-24, eff. 6-20-97; revised 11-18-11.)
Section 45. The State Treasurer Act is amended by changing

Section 16.5 as follows:
(15 ILCS 505/16.5)
Sec. 16.5. College Savings Pool. The State Treasurer may
establish and administer a College Savings Pool to supplement
and enhance the investment opportunities otherwise available
to persons seeking to finance the costs of higher education.
The State Treasurer, in administering the College Savings Pool,
may receive moneys paid into the pool by a participant and may
serve as the fiscal agent of that participant for the purpose
of holding and investing those moneys.
"Participant", as used in this Section, means any person
who has authority to withdraw funds, change the designated
beneficiary, or otherwise exercise control over an account.
"Donor", as used in this Section, means any person who makes
investments in the pool. "Designated beneficiary", as used in
this Section, means any person on whose behalf an account is
established in the College Savings Pool by a participant. Both
in-state and out-of-state persons may be participants, donors,
and designated beneficiaries in the College Savings Pool. The
College Savings Pool must be available to any individual with a
valid social security number or taxpayer identification number
for the benefit of any individual with a valid social security
number or taxpayer identification number, unless a contract in
effect on August 1, 2011 (the effective date of Public Act
97-233) this amendatory Act of the 97th General Assembly does

not allow for taxpayer identification numbers, in which case
taxpayer identification numbers must be allowed upon the
expiration of the contract.
New accounts in the College Savings Pool may be processed
through participating financial institutions. "Participating
financial institution", as used in this Section, means any
financial institution insured by the Federal Deposit Insurance
Corporation and lawfully doing business in the State of
Illinois and any credit union approved by the State Treasurer
and lawfully doing business in the State of Illinois that
agrees to process new accounts in the College Savings Pool.
Participating financial institutions may charge a processing
fee to participants to open an account in the pool that shall
not exceed $30 until the year 2001. Beginning in 2001 and every
year thereafter, the maximum fee limit shall be adjusted by the
Treasurer based on the Consumer Price Index for the North
Central Region as published by the United States Department of
Labor, Bureau of Labor Statistics for the immediately preceding
calendar year. Every contribution received by a financial
institution for investment in the College Savings Pool shall be
transferred from the financial institution to a location
selected by the State Treasurer within one business day
following the day that the funds must be made available in
accordance with federal law. All communications from the State
Treasurer to participants and donors shall reference the
participating financial institution at which the account was

processed.
The Treasurer may invest the moneys in the College Savings
Pool in the same manner and in the same types of investments
provided for the investment of moneys by the Illinois State
Board of Investment. To enhance the safety and liquidity of the
College Savings Pool, to ensure the diversification of the
investment portfolio of the pool, and in an effort to keep
investment dollars in the State of Illinois, the State
Treasurer may make a percentage of each account available for
investment in participating financial institutions doing
business in the State. The State Treasurer may deposit with the
participating financial institution at which the account was
processed the following percentage of each account at a
prevailing rate offered by the institution, provided that the
deposit is federally insured or fully collateralized and the
institution accepts the deposit: 10% of the total amount of
each account for which the current age of the beneficiary is
less than 7 years of age, 20% of the total amount of each
account for which the beneficiary is at least 7 years of age
and less than 12 years of age, and 50% of the total amount of
each account for which the current age of the beneficiary is at
least 12 years of age. The Treasurer shall develop, publish,
and implement an investment policy covering the investment of
the moneys in the College Savings Pool. The policy shall be
published each year as part of the audit of the College Savings
Pool by the Auditor General, which shall be distributed to all

participants. The Treasurer shall notify all participants in
writing, and the Treasurer shall publish in a newspaper of
general circulation in both Chicago and Springfield, any
changes to the previously published investment policy at least
30 calendar days before implementing the policy. Any investment
policy adopted by the Treasurer shall be reviewed and updated
if necessary within 90 days following the date that the State
Treasurer takes office.
Participants shall be required to use moneys distributed
from the College Savings Pool for qualified expenses at
eligible educational institutions. "Qualified expenses", as
used in this Section, means the following: (i) tuition, fees,
and the costs of books, supplies, and equipment required for
enrollment or attendance at an eligible educational
institution and (ii) certain room and board expenses incurred
while attending an eligible educational institution at least
half-time. "Eligible educational institutions", as used in
this Section, means public and private colleges, junior
colleges, graduate schools, and certain vocational
institutions that are described in Section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088) and that are eligible to
participate in Department of Education student aid programs. A
student shall be considered to be enrolled at least half-time
if the student is enrolled for at least half the full-time
academic work load for the course of study the student is
pursuing as determined under the standards of the institution

at which the student is enrolled. Distributions made from the
pool for qualified expenses shall be made directly to the
eligible educational institution, directly to a vendor, or in
the form of a check payable to both the beneficiary and the
institution or vendor. Any moneys that are distributed in any
other manner or that are used for expenses other than qualified
expenses at an eligible educational institution shall be
subject to a penalty of 10% of the earnings unless the
beneficiary dies, becomes disabled, or receives a scholarship
that equals or exceeds the distribution. Penalties shall be
withheld at the time the distribution is made.
The Treasurer shall limit the contributions that may be
made on behalf of a designated beneficiary based on the
limitations established by the Internal Revenue Service. The
contributions made on behalf of a beneficiary who is also a
beneficiary under the Illinois Prepaid Tuition Program shall be
further restricted to ensure that the contributions in both
programs combined do not exceed the limit established for the
College Savings Pool. The Treasurer shall provide the Illinois
Student Assistance Commission each year at a time designated by
the Commission, an electronic report of all participant
accounts in the Treasurer's College Savings Pool, listing total
contributions and disbursements from each individual account
during the previous calendar year. As soon thereafter as is
possible following receipt of the Treasurer's report, the
Illinois Student Assistance Commission shall, in turn, provide

the Treasurer with an electronic report listing those College
Savings Pool participants who also participate in the State's
prepaid tuition program, administered by the Commission. The
Commission shall be responsible for filing any combined tax
reports regarding State qualified savings programs required by
the United States Internal Revenue Service. The Treasurer shall
work with the Illinois Student Assistance Commission to
coordinate the marketing of the College Savings Pool and the
Illinois Prepaid Tuition Program when considered beneficial by
the Treasurer and the Director of the Illinois Student
Assistance Commission. The Treasurer's office shall not
publicize or otherwise market the College Savings Pool or
accept any moneys into the College Savings Pool prior to March
1, 2000. The Treasurer shall provide a separate accounting for
each designated beneficiary to each participant, the Illinois
Student Assistance Commission, and the participating financial
institution at which the account was processed. No interest in
the program may be pledged as security for a loan. Moneys held
in an account invested in the Illinois College Savings Pool
shall be exempt from all claims of the creditors of the
participant, donor, or designated beneficiary of that account,
except for the non-exempt College Savings Pool transfers to or
from the account as defined under subsection (j) of Section
12-1001 of the Code of Civil Procedure (735 ILCS 5/12-1001(j)).
The assets of the College Savings Pool and its income and
operation shall be exempt from all taxation by the State of

Illinois and any of its subdivisions. The accrued earnings on
investments in the Pool once disbursed on behalf of a
designated beneficiary shall be similarly exempt from all
taxation by the State of Illinois and its subdivisions, so long
as they are used for qualified expenses. Contributions to a
College Savings Pool account during the taxable year may be
deducted from adjusted gross income as provided in Section 203
of the Illinois Income Tax Act. The provisions of this
paragraph are exempt from Section 250 of the Illinois Income
Tax Act.
The Treasurer shall adopt rules he or she considers
necessary for the efficient administration of the College
Savings Pool. The rules shall provide whatever additional
parameters and restrictions are necessary to ensure that the
College Savings Pool meets all of the requirements for a
qualified state tuition program under Section 529 of the
Internal Revenue Code (26 U.S.C. 529). The rules shall provide
for the administration expenses of the pool to be paid from its
earnings and for the investment earnings in excess of the
expenses and all moneys collected as penalties to be credited
or paid monthly to the several participants in the pool in a
manner which equitably reflects the differing amounts of their
respective investments in the pool and the differing periods of
time for which those amounts were in the custody of the pool.
Also, the rules shall require the maintenance of records that
enable the Treasurer's office to produce a report for each

account in the pool at least annually that documents the
account balance and investment earnings. Notice of any proposed
amendments to the rules and regulations shall be provided to
all participants prior to adoption. Amendments to rules and
regulations shall apply only to contributions made after the
adoption of the amendment.
Upon creating the College Savings Pool, the State Treasurer
shall give bond with 2 or more sufficient sureties, payable to
and for the benefit of the participants in the College Savings
Pool, in the penal sum of $1,000,000, conditioned upon the
faithful discharge of his or her duties in relation to the
College Savings Pool.
(Source: P.A. 97-233, eff. 8-1-11; 97-537, eff. 8-23-11;
revised 9-7-11.)
Section 50. The Civil Administrative Code of Illinois is
amended by changing Section 5-20 as follows:
(20 ILCS 5/5-20) (was 20 ILCS 5/4)
Sec. 5-20. Heads of departments. Each department shall have
an officer as its head who shall be known as director or
secretary and who shall, subject to the provisions of the Civil
Administrative Code of Illinois, execute the powers and
discharge the duties vested by law in his or her respective
department.
The following officers are hereby created:

Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.
Director of Central Management Services, for the
Department of Central Management Services.
Director of Children and Family Services, for the
Department of Children and Family Services.
Director of Commerce and Economic Opportunity, for the
Department of Commerce and Economic Opportunity.
Director of Corrections, for the Department of
Corrections.
Director of the Illinois Emergency Management Agency, for
the Illinois Emergency Management Agency.
Director of Employment Security, for the Department of
Employment Security.
Secretary of Financial and Professional Regulation, for
the Department of Financial and Professional Regulation.
Director of Healthcare and Family Services, for the
Department of Healthcare and Family Services.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of Human
Services.
Director of Juvenile Justice, for the Department of
Juvenile Justice.
Director of Labor, for the Department of Labor.

Director of Natural Resources, for the Department of
Natural Resources.
Director of Public Health, for the Department of Public
Health.
Director of Revenue, for the Department of Revenue.
Director of State Police, for the Department of State
Police.
Secretary of Transportation, for the Department of
Transportation.
Director of Veterans' Affairs, for the Department of
Veterans' Affairs.
(Source: P.A. 96-328, eff. 8-11-09; 97-464, eff. 10-15-11;
97-618, eff. 10-26-11; revised 11-9-11.)
Section 55. The Illinois Act on the Aging is amended by
changing Section 8.08 as follows:
(20 ILCS 105/8.08)
Sec. 8.08. Older direct care worker recognition. The
Department shall present one award annually to older direct
care workers in each of the following categories: Older
American Act Services, Home Health Services, Community Care
Program Services, Nursing Homes, and programs that provide
housing with services licensed or certified by the State. The
Department shall solicit nominations from associations
representing providers of the named services or settings and

trade associations representing applicable direct care
workers. Nominations shall be presented in a format designated
by the Department. Direct care workers honored with this award
must be 55 years of age or older and shall be recognized for
their dedication and commitment to improving the quality of
aging in Illinois above and beyond the confines of their job
description. Award recipients shall be honored before their
peers at the Governor's Conference on Aging or at a similar
venue, shall have their pictures displayed on the Department's
website with their permission, and shall receive a letter of
commendation from the Governor. The Department shall include
the recipients of these awards in all Senior Hall of Fame
displays required by this the Act on Aging. Except as otherwise
prohibited by law, the Department may solicit private sector
funding to underwrite the cost of all awards and recognition
materials and shall request that all associations representing
providers of the named services or settings and trade
associations applicable to direct care workers publicize the
awards and the award recipients in communications with their
members.
(Source: P.A. 96-376, eff. 8-13-09; 96-918, eff. 6-9-10;
revised 11-18-11.)
Section 60. The Child Death Review Team Act is amended by
changing Section 35 as follows:

(20 ILCS 515/35)
Sec. 35. Indemnification. The State shall indemnify and
hold harmless members of a child death review team and the
Executive Council for all their acts, omissions, decisions, or
other conduct arising out of the scope of their service on the
team or Executive Council, except those involving willful or
wanton misconduct. The method of providing indemnification
shall be as provided in the State Employee Indemnification Act
(5 ILCS 350/0.01 (5 ILCS 350/1 et seq.).
(Source: P.A. 92-468, eff. 8-22-01; revised 11-18-11.)
Section 65. The Illinois Emergency Employment Development
Act is amended by changing Sections 9 and 17 as follows:
(20 ILCS 630/9) (from Ch. 48, par. 2409)
Sec. 9. (a) Eligible businesses.
(a) A business employer is an eligible employer if it
enters into a written contract, signed and subscribed to under
oath, with the employment administrator for its service
delivery area containing assurances that:
(1) funds received by a business shall be used only as
permitted under the program;
(2) the business has submitted a plan to the employment
administrator (A) (1) describing the duties and proposed
compensation of each employee proposed to be hired under
the program; and (B) (2) demonstrating that with the funds

provided under the program the business is likely to
succeed and continue to employ persons hired under the
program;
(3) the business will use funds exclusively for
compensation and fringe benefits of eligible job
applicants and will provide employees hired with these
funds with fringe benefits and other terms and conditions
of employment comparable to those provided to other
employees of the business who do comparable work;
(4) the funds are necessary to allow the business to
begin, or to employ additional people, but not to fill
positions which would be filled even in the absence of
funds from this program;
(5) the business will cooperate with the coordinator in
collecting data to assess the result of the program; and
(6) the business is in compliance with all applicable
affirmative action, fair labor, health, safety, and
environmental standards.
(b) In allocating funds among eligible businesses, the
employment administrator shall give priority to businesses
which best satisfy the following criteria:
(1) have a high potential for growth and long-term job
creation;
(2) are labor intensive;
(3) make high use of local and State resources;
(4) are under ownership of women and minorities;

(4.5) (4-5) meet the definition of a small business as
defined in Section 5 of the Small Business Advisory Act;
(4.10) (4-10) produce energy conserving materials or
services or are involved in development of renewable
sources of energy;
(5) have their primary places of business in the State;
and
(6) intend to continue the employment of the eligible
applicant for at least 6 months of unsubsidized employment.
(c) (Blank).
(d) A business receiving funds under this program shall
repay 70% of the amount received for each eligible job
applicant employed who does not continue in the employment of
the business for at least 6 months beyond the subsidized period
unless the employer dismisses an employee for good cause and
works with the Employment Administrator to employ and train
another person referred by the Employment Administrator. The
Employment Administrator shall forward payments received under
this subsection to the Coordinator on a monthly basis. The
Coordinator shall deposit these payments into the Illinois 21st
Century Workforce Development Fund.
(Source: P.A. 97-581, eff. 8-26-11; revised 11-18-11.)
(20 ILCS 630/17)
Sec. 17. Work incentive demonstration project. The
coordinator and members of the Advisory Committee shall explore

available avaliable resources to leverage in combination with
the wage subsidies in this Act to develop a Transitional Jobs
program. This Transitional Jobs program would prioritize
services for individuals with limited experience in the labor
market and barriers to employment, including but not limited
to, recipients of Temporary Assistance to Needy Families,
Supplemental Nutrition Assistance Program, or other related
public assistance, and people with criminal records.
(Source: P.A. 97-581, eff. 8-26-11; revised 11-18-11.)
Section 70. The Department of Human Services Act is amended
by changing and renumbering multiple versions of Section 1-37a
as follows:
(20 ILCS 1305/1-37a)
Sec. 1-37a. Cross-agency prequalification and master
service agreements.
(a) "State human services agency" means the Department on
Aging, the Department of Children and Family Services, the
Department of Human Services, the Department of Healthcare and
Family Services, and the Department of Public Health.
(b) Intent. Per the requirements of Public Act 96-1141, on
January 1, 2011 a report titled "Streamlined Auditing and
Monitoring for Community Based Services: First Steps Toward a
More Efficient System for Providers, State Government, and the
Community" was provided to members of the General Assembly. The

report, which was developed by a steering committee of
community providers, trade associations, and designated
representatives from the Departments of Children and Family
Services, Healthcare and Family Services, Human Services, and
Public Health, issued a series of recommendations, including
recommended changes to Administrative Rules and Illinois
statutes, on the categories of deemed status for accreditation,
fiscal audits, centralized repository of information,
Medicaid, technology, contracting, and streamlined monitoring
procedures. It is the intent of the 97th General Assembly to
pursue implementation of those recommendations that have been
determined to require Acts of the General Assembly.
(c) Cross-Agency Prequalification of Human Service
Providers. Each State human services agency shall have the
authority and is hereby directed to collaboratively adopt joint
rules to establish a cross-agency prequalification process for
contracting with human service providers. This process shall
include a mechanism for the State human services agencies to
collect information from human service providers including,
but not limited to, provider organizational experience,
capability to perform services, and organizational integrity
in order for the agencies to screen potential human service
providers as vendors to contract with the agencies.
(d) Master Service Agreements for human service providers.
Each State human services agency shall have the authority and
is hereby directed to collaboratively adopt joint rules to

establish a cross-agency master service agreement of standard
terms and conditions for contracting with human service
providers. The master service agreement shall be awarded to
prequalified providers as determined through the cross-agency
prequalification process outlined in subsection (c) of this
Act. The master service agreement shall not replace or serve as
the equivalent of a contract between an agency and a human
service provider, but only those human service providers that
are prequalified with a master service agreement may contract
with an agency to provide services.
(e) Common Service Taxonomy for human service providers.
Each State human services agency shall have the authority and
is hereby directed to collaboratively adopt joint rules to
establish a cross-agency common service taxonomy for human
service providers to streamline the processes outlined in
subsections (c) and (d) of this Act. The taxonomy shall
include, but not be limited to, a common list of terms to
define services, processes, and client populations.
(f) Notwithstanding Nothwithstanding any provision in this
Section to the contrary, the Department of Human Services shall
serve as the lead agency on all matters provided in subsections
(c), (d), and (e).
(Source: P.A. 97-210, eff. 7-28-11; revised 10-28-11.)
(20 ILCS 1305/1-37b)
(Section scheduled to be repealed on December 31, 2014)

Sec. 1-37b 1-37a. Management Improvement Initiative
Committee.
(a) As used in this Section, unless the context indicates
otherwise:
"Departments" means the Department on Aging, the
Department of Children and Family Services, the Department of
Healthcare and Family Services, the Department of Human
Services, and the Department of Public Health.
"Management Improvement Initiative Committee" or
"Committee" means the Management Improvement Initiative
Committee created under this Section.
"Management Improvement Initiative Departmental Leadership
Team" or "Team" means the Management Improvement Initiative
Departmental Leadership Team created under this Section.
(b) The Governor, or his or her designee, shall create a
Management Improvement Initiative Committee that shall include
the Management Improvement Initiative Departmental Leadership
Team to implement the recommendations made in the report
submitted to the General Assembly on January 1, 2011 as
required under Public Act 96-1141, and to continue the work of
the group formed under the auspices of Public Act 96-1141.
The Team shall be comprised of a representative from each
of the Departments.
The Team members shall integrate the Committee's
objectives into their respective departmental operations and
continue the work of the group formed under the auspices of

Public Act 96-1141 including:
(1) Implementing the recommendations of the report
submitted to the General Assembly on January 1, 2011 under
Public Act 96-1141.
(2) Submitting a progress report to the General
Assembly by November 1, 2011 on the progress made in
implementing the recommendations made in the report
submitted to the General Assembly on January 1, 2011 under
Public Act 96-1141.
(3) Reviewing contracts held with community health and
human service providers on the regulations and work
processes, including reporting, monitoring, compliance,
auditing, certification, and licensing processes, required
by the departments and their divisions.
(4) Eliminating obsolete, redundant, or unreasonable
regulations, reporting, monitoring, compliance, auditing,
certifications, licensing, and work processes.
(5) Implementing reciprocity across divisions and
departments. Reciprocity shall be used to accept other
division or department regulations, reporting, monitoring,
compliance, auditing, certification, and licensing
processes.
(6) Implementing integrated work processes across
divisions and departments that will be used for efficient
and effective work processes including regulations,
reporting, monitoring, compliance, auditing, licensing,

and certification processes.
(7) Implementing the deemed status for accredited
community health and human service providers.
(8) Reviewing work products meant to address the
Committee's objectives as set forth in this Section. The
review shall be done in concert with similar reviews
conducted by the divisions under the Department of Human
Services and other department steering committees,
committees, and work groups as appropriate and necessary to
eliminate redundant work processes including reporting,
monitoring, compliance, auditing, licensing, and
certification processes.
(9) Describing how improved regulations, reporting,
monitoring, compliance, auditing, certification,
licensing, and work processes are measured at the community
vendor, contractor, and departmental levels, and how they
have reduced redundant regulations, reporting, monitoring,
compliance, auditing, certification, licensing, and work
processes.
(c) The Team shall examine the entire body of regulations,
reporting, monitoring, compliance, auditing, certification,
licensing, and work processes that guide departmental
operations and contracts to eliminate obsolete, redundant, or
unreasonable regulations, reporting, monitoring, compliance,
auditing, licensing, and certifications.
(d) The Team shall identify immediate, near-term, and

long-term opportunities to improve accountable, non-redundant,
effective, and efficient accountability, regulations,
reporting, monitoring, compliance, auditing, certification,
and licensing processes that are necessary, appropriate, and
sufficient to determine the success and quality of contracts
with community health and human service vendors and providers.
(e) The Team shall develop performance measures to assess
progress towards accomplishing the Committee's objectives and
shall develop procedures to provide feedback on the impact of
the State's operational improvements meant to achieve
management improvement initiative objectives.
(f) The Team shall report operational improvements and
document efforts that address the Committee's objectives.
These reports shall be submitted to the Governor and the
General Assembly semi-annually and shall:
(1) Include the results made to maintain efficient
accountability while eliminating obsolete, redundant, or
unreasonable regulations, reporting, monitoring,
compliance, auditing, licensing, and certifications.
(2) Specify improved regulations, reporting,
monitoring, compliance, auditing, certification,
licensing, and work processes.
(3) Describe how improved regulations, reporting,
monitoring, compliance, auditing, certification,
licensing, and work processes are measured at the community
vendor, contractor, and departmental levels, and how they

have reduced redundant regulations, reporting, monitoring,
compliance, auditing, certification, licensing, and work
processes.
(4) Include the methods used to engage health and human
service providers in the management improvement initiative
to improve regulations, reporting, monitoring, compliance,
auditing, certification, licensing, and work processes.
(5) Describe how departmental practices have been
changed to improve non-redundant accountability,
efficiency, effectiveness, and quality.
(g) Beginning in State Fiscal Year 2012, regulations,
reporting, monitoring, compliance, auditing, certification,
licensing, and work processes, including each new departmental
initiative, shall be linked directly to non-redundant,
accountable, efficient, and effective outcome indicators which
can be used to evaluate the success of the new initiative.
(h) The Management Improvement Initiative Committee.
(1) The Committee shall be comprised of Team members
from each of the Departments to manage the overall
implementation process and to ensure that any new
monitoring and compliance activities are developed as
recommended in the report submitted to the General Assembly
on January 1, 2011.
(2) Team members shall be able to access available
resources within their respective departments, to set
priorities, manage the overall implementation process, and

ensure that any new monitoring and compliance activities
are developed as recommended in the report submitted to the
General Assembly on January 1, 2011.
(3) The Departments shall each designate a member to
serve as a member of the Committee.
(4) The Committee shall also consist of the community
organizations, community providers, associations, and
private philanthropic organizations appointed under Public
Act 96-1141, and shall be charged with overseeing
implementation of the Committee's objectives and ensuring
that provider prospective is incorporated.
(5) The Committee shall be co-chaired by department and
community representatives, with leadership responsibility
resting with the Governor in order to increase the priority
and accountability for implementation of the Committee's
objectives and recommendations.
(6) The Team shall be responsible for establishing
within the Committee workgroups consisting of subject
matter experts necessary to reach the Committee's
objectives, including the recommendations made in the
report submitted to the General Assembly on January 1, 2011
under Public Act 96-1141. Those subject matter experts,
including those with necessary technological expertise,
shall include outside experts, departmental, association,
and community providers.
(7) Recommendations of the Committee shall be reviewed

and its efforts integrated into existing as well as ongoing
initiatives as appropriate, including the implementation
of Public Act 96-1501, the Illinois Frameworks planning and
implementation efforts, and any other task force that may
make proposals that impact community provider work
processes and contract deliverables.
(8) The Department of Human Services shall be
designated as the lead support agency and provide
administrative staffing for the Committee. Other
Departments, as defined by this Section, shall provide
additional administrative staffing in conjunction with the
Department of Human Services to support the Committee.
(i) This Section is repealed on December 31, 2014.
(Source: P.A. 97-558, eff. 8-25-11; revised 10-28-11.)
Section 75. The Illinois Lottery Law is amended by changing
Sections 21.5 and 29 as follows:
(20 ILCS 1605/21.5)
Sec. 21.5. Carolyn Adams Ticket For The Cure.
(a) The Department shall offer a special instant
scratch-off game with the title of "Carolyn Adams Ticket For
The Cure". The game shall commence on January 1, 2006 or as
soon thereafter, in the discretion of the Superintendent, as is
reasonably practical, and shall be discontinued on December 31,
2016. The operation of the game shall be governed by this Act

and any rules adopted by the Department. The Department must
consult with the Carolyn Adams Ticket For The Cure Board, which
is established under Section 2310-347 of the Department of
Public Health Powers and Duties Law of the Civil Administrative
Code of Illinois, regarding the design and promotion of the
game. If any provision of this Section is inconsistent with any
other provision of this Act, then this Section governs.
(b) The Carolyn Adams Ticket For The Cure Grant Fund is
created as a special fund in the State treasury. The net
revenue from the Carolyn Adams Ticket For The Cure special
instant scratch-off game shall be deposited into the Fund for
appropriation by the General Assembly solely to the Department
of Public Health for the purpose of making grants to public or
private entities in Illinois for the purpose of funding breast
cancer research, and supportive services for breast cancer
survivors and those impacted by breast cancer and breast cancer
education. In awarding grants, the Department of Public Health
shall consider criteria that includes, but is not limited to,
projects and initiatives that address disparities in incidence
and mortality rates of breast cancer, based on data from the
Illinois Cancer Registry, and populations facing barriers to
care. The Department of Public Health shall, before grants are
awarded, provide copies of all grant applications to the
Carolyn Adams Ticket For The Cure Board, receive and review the
Board's recommendations and comments, and consult with the
Board regarding the grants. For purposes of this Section, the

term "research" includes, without limitation, expenditures to
develop and advance the understanding, techniques, and
modalities effective in the detection, prevention, screening,
and treatment of breast cancer and may include clinical trials.
The grant funds may not be used for institutional,
organizational, or community-based overhead costs, indirect
costs, or levies.
Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and gifts, grants, and awards from any
public or private entity, must be deposited into the Fund. Any
interest earned on moneys in the Fund must be deposited into
the Fund.
For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in prizes and the actual administrative
expenses of the Department solely related to the Ticket For The
Cure game.
(c) During the time that tickets are sold for the Carolyn
Adams Ticket For The Cure game, the Department shall not
unreasonably diminish the efforts devoted to marketing any
other instant scratch-off lottery game.
(d) The Department may adopt any rules necessary to
implement and administer the provisions of this Section.
(Source: P.A. 96-1290, eff. 7-26-10; 97-92, eff. 7-11-11;
97-464, eff. 10-15-11; revised 9-7-11.)

(20 ILCS 1605/29)
Sec. 29. The Department of the Lottery.
(a) Executive Order No. 2003-09 is hereby superseded by
this amendatory Act of the 97th General Assembly to the extent
that Executive Order No. 2003-09 transfers the powers, duties,
rights, and responsibilities of the Department of the Lottery
to the Division of the Lottery within the Department of
Revenue.
(b) The Division of the Lottery within the Department of
Revenue is hereby abolished and the Department of the Lottery
is created as an independent department. On the effective date
of this amendatory Act of the 97th General Assembly, all
powers, duties, rights, and responsibilities of the Division of
the Lottery within the Department of Revenue shall be
transferred to the Department of the Lottery.
(c) The personnel of the Division of the Lottery within the
Department of Revenue shall be transferred to the Department of
the Lottery. The status and rights of such employees under the
Personnel Code shall not be affected by the transfer. The
rights of the employees and the State of Illinois and its
agencies under the Personnel Code and applicable collective
bargaining agreements or under any pension, retirement, or
annuity plan shall not be affected by this amendatory Act of
the 97th General Assembly. To the extent that an employee
performs duties for the Division of the Lottery within the

Department of Revenue and the Department of Revenue itself or
any other division or agency within the Department of Revenue,
that employee shall be transferred at the Governor's
discretion.
(d) All books, records, papers, documents, property (real
and personal), contracts, causes of action, and pending
business pertaining to the powers, duties, rights, and
responsibilities transferred by this amendatory Act of the 97th
General Assembly from the Division of the Lottery within the
Department of Revenue to the Department of the Lottery,
including, but not limited to, material in electronic or
magnetic format and necessary computer hardware and software,
shall be transferred to the Department of the Lottery.
(e) All unexpended appropriations and balances and other
funds available for use by the Division of the Lottery within
the Department of Revenue shall be transferred for use by the
Department of the Lottery pursuant to the direction of the
Governor. Unexpended balances so transferred shall be expended
only for the purpose for which the appropriations were
originally made.
(f) The powers, duties, rights, and responsibilities
transferred from the Division of the Lottery within the
Department of Revenue by this amendatory Act of the 97th
General Assembly shall be vested in and shall be exercised by
the Department of the Lottery.
(g) Whenever reports or notices are now required to be made

or given or papers or documents furnished or served by any
person to or upon the Division of the Lottery within the
Department of Revenue in connection with any of the powers,
duties, rights, and responsibilities transferred by this
amendatory Act of the 97th General Assembly, the same shall be
made, given, furnished, or served in the same manner to or upon
the Department of the Lottery.
(h) This amendatory Act of the 97th General Assembly does
not affect any act done, ratified, or canceled or any right
occurring or established or any action or proceeding had or
commenced in an administrative, civil, or criminal cause by the
Division of the Lottery within the Department of Revenue before
this amendatory Act of the 97th General Assembly takes effect;
such actions or proceedings may be prosecuted and continued by
the Department of the Lottery.
(i) Any rules of the Division of the Lottery within the
Department of Revenue, including any rules of its predecessor
Department of the Lottery, that relate to its powers, duties,
rights, and responsibilities and are in full force on the
effective date of this amendatory Act of the 97th General
Assembly shall become the rules of the recreated Department of
the Lottery. This amendatory Act of the 97th General Assembly
does not affect the legality of any such rules in the Illinois
Administrative Code.
Any proposed rules filed with the Secretary of State by the
Division of the Lottery within the Department of Revenue that

are pending in the rulemaking process on the effective date of
this amendatory Act of the 97th General Assembly and pertain to
the powers, duties, rights, and responsibilities transferred,
shall be deemed to have been filed by the Department of the
Lottery. As soon as practicable hereafter, the Department of
the Lottery shall revise and clarify the rules transferred to
it under this amendatory Act of the 97th General Assembly to
reflect the reorganization of powers, duties, rights, and
responsibilities affected by this amendatory Act, using the
procedures for recodification of rules available under the
Illinois Administrative Procedure Procedures Act, except that
existing title, part, and section numbering for the affected
rules may be retained. The Department of the Lottery may
propose and adopt under the Illinois Administrative Procedure
Procedures Act such other rules of the Division of the Lottery
within the Department of Revenue that will now be administered
by the Department of the Lottery.
To the extent that, prior to the effective date of this
amendatory Act of the 97th General Assembly, the Superintendent
of the Division of the Lottery within the Department of Revenue
had been empowered to prescribe rules or had other rulemaking
authority jointly with the Director of the Department of
Revenue with regard to the powers, duties, rights, and
responsibilities of the Division of the Lottery within the
Department of Revenue, such duties shall be exercised from and
after the effective date of this amendatory Act of the 97th

General Assembly solely by the Superintendent of the Department
of the Lottery.
(Source: P.A. 97-464, eff. 10-15-11; revised 11-18-11.)
Section 80. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 15 and 73 as follows:
(20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15)
Sec. 15. Before any person is released from a facility
operated by the State pursuant to an absolute discharge or a
conditional discharge from hospitalization under this Act, the
facility director of the facility in which such person is
hospitalized shall determine that such person is not currently
in need of hospitalization and:
(a) is able to live independently in the community; or
(b) requires further oversight and supervisory care
for which arrangements have been made with responsible
relatives or supervised residential program approved by
the Department; or
(c) requires further personal care or general
oversight as defined by the ID/DD Community Care Act or the
Specialized Mental Health Rehabilitation Act, for which
placement arrangements have been made with a suitable
family home or other licensed facility approved by the
Department under this Section; or

(d) requires community mental health services for
which arrangements have been made with a community mental
health provider in accordance with criteria, standards,
and procedures promulgated by rule.
Such determination shall be made in writing and shall
become a part of the facility record of such absolutely or
conditionally discharged person. When the determination
indicates that the condition of the person to be granted an
absolute discharge or a conditional discharge is described
under subparagraph (c) or (d) of this Section, the name and
address of the continuing care facility or home to which such
person is to be released shall be entered in the facility
record. Where a discharge from a mental health facility is made
under subparagraph (c), the Department shall assign the person
so discharged to an existing community based not-for-profit
agency for participation in day activities suitable to the
person's needs, such as but not limited to social and
vocational rehabilitation, and other recreational, educational
and financial activities unless the community based
not-for-profit agency is unqualified to accept such
assignment. Where the clientele of any not-for-profit agency
increases as a result of assignments under this amendatory Act
of 1977 by more than 3% over the prior year, the Department
shall fully reimburse such agency for the costs of providing
services to such persons in excess of such 3% increase. The
Department shall keep written records detailing how many

persons have been assigned to a community based not-for-profit
agency and how many persons were not so assigned because the
community based agency was unable to accept the assignments, in
accordance with criteria, standards, and procedures
promulgated by rule. Whenever a community based agency is found
to be unable to accept the assignments, the name of the agency
and the reason for the finding shall be included in the report.
Insofar as desirable in the interests of the former
recipient, the facility, program or home in which the
discharged person is to be placed shall be located in or near
the community in which the person resided prior to
hospitalization or in the community in which the person's
family or nearest next of kin presently reside. Placement of
the discharged person in facilities, programs or homes located
outside of this State shall not be made by the Department
unless there are no appropriate facilities, programs or homes
available within this State. Out-of-state placements shall be
subject to return of recipients so placed upon the availability
of facilities, programs or homes within this State to
accommodate these recipients, except where placement in a
contiguous state results in locating a recipient in a facility
or program closer to the recipient's home or family. If an
appropriate facility or program becomes available equal to or
closer to the recipient's home or family, the recipient shall
be returned to and placed at the appropriate facility or
program within this State.

To place any person who is under a program of the
Department at board in a suitable family home or in such other
facility or program as the Department may consider desirable.
The Department may place in licensed nursing homes, sheltered
care homes, or homes for the aged those persons whose
behavioral manifestations and medical and nursing care needs
are such as to be substantially indistinguishable from persons
already living in such facilities. Prior to any placement by
the Department under this Section, a determination shall be
made by the personnel of the Department, as to the capability
and suitability of such facility to adequately meet the needs
of the person to be discharged. When specialized programs are
necessary in order to enable persons in need of supervised
living to develop and improve in the community, the Department
shall place such persons only in specialized residential care
facilities which shall meet Department standards including
restricted admission policy, special staffing and programming
for social and vocational rehabilitation, in addition to the
requirements of the appropriate State licensing agency. The
Department shall not place any new person in a facility the
license of which has been revoked or not renewed on grounds of
inadequate programming, staffing, or medical or adjunctive
services, regardless of the pendency of an action for
administrative review regarding such revocation or failure to
renew. Before the Department may transfer any person to a
licensed nursing home, sheltered care home or home for the aged

or place any person in a specialized residential care facility
the Department shall notify the person to be transferred, or a
responsible relative of such person, in writing, at least 30
days before the proposed transfer, with respect to all the
relevant facts concerning such transfer, except in cases of
emergency when such notice is not required. If either the
person to be transferred or a responsible relative of such
person objects to such transfer, in writing to the Department,
at any time after receipt of notice and before the transfer,
the facility director of the facility in which the person was a
recipient shall immediately schedule a hearing at the facility
with the presence of the facility director, the person who
objected to such proposed transfer, and a psychiatrist who is
familiar with the record of the person to be transferred. Such
person to be transferred or a responsible relative may be
represented by such counsel or interested party as he may
appoint, who may present such testimony with respect to the
proposed transfer. Testimony presented at such hearing shall
become a part of the facility record of the
person-to-be-transferred. The record of testimony shall be
held in the person-to-be-transferred's record in the central
files of the facility. If such hearing is held a transfer may
only be implemented, if at all, in accordance with the results
of such hearing. Within 15 days after such hearing the facility
director shall deliver his findings based on the record of the
case and the testimony presented at the hearing, by registered

or certified mail, to the parties to such hearing. The findings
of the facility director shall be deemed a final administrative
decision of the Department. For purposes of this Section, "case
of emergency" means those instances in which the health of the
person to be transferred is imperiled and the most appropriate
mental health care or medical care is available at a licensed
nursing home, sheltered care home or home for the aged or a
specialized residential care facility.
Prior to placement of any person in a facility under this
Section the Department shall ensure that an appropriate
training plan for staff is provided by the facility. Said
training may include instruction and demonstration by
Department personnel qualified in the area of mental illness or
intellectual disabilities, as applicable to the person to be
placed. Training may be given both at the facility from which
the recipient is transferred and at the facility receiving the
recipient, and may be available on a continuing basis
subsequent to placement. In a facility providing services to
former Department recipients, training shall be available as
necessary for facility staff. Such training will be on a
continuing basis as the needs of the facility and recipients
change and further training is required.
The Department shall not place any person in a facility
which does not have appropriately trained staff in sufficient
numbers to accommodate the recipient population already at the
facility. As a condition of further or future placements of

persons, the Department shall require the employment of
additional trained staff members at the facility where said
persons are to be placed. The Secretary, or his or her
designate, shall establish written guidelines for placement of
persons in facilities under this Act. The Department shall keep
written records detailing which facilities have been
determined to have staff who have been appropriately trained by
the Department and all training which it has provided or
required under this Section.
Bills for the support for a person boarded out shall be
payable monthly out of the proper maintenance funds and shall
be audited as any other accounts of the Department. If a person
is placed in a facility or program outside the Department, the
Department may pay the actual costs of residence, treatment or
maintenance in such facility and may collect such actual costs
or a portion thereof from the recipient or the estate of a
person placed in accordance with this Section.
Other than those placed in a family home the Department
shall cause all persons who are placed in a facility, as
defined by the ID/DD Community Care Act or the Specialized
Mental Health Rehabilitation Act, or in designated community
living situations or programs, to be visited at least once
during the first month following placement, and once every
month thereafter for the first year following placement when
indicated, but at least quarterly. After the first year, the
Department shall determine at what point the appropriate

licensing entity for the facility or designated community
living situation or program will assume the responsibility of
ensuring that appropriate services are being provided to the
resident. Once that responsibility is assumed, the Department
may discontinue such visits. If a long term care facility has
periodic care plan conferences, the visitor may participate in
those conferences, if such participation is approved by the
resident or the resident's guardian. Visits shall be made by
qualified and trained Department personnel, or their designee,
in the area of mental health or developmental disabilities
applicable to the person visited, and shall be made on a more
frequent basis when indicated. The Department may not use as
designee any personnel connected with or responsible to the
representatives of any facility in which persons who have been
transferred under this Section are placed. In the course of
such visit there shall be consideration of the following areas,
but not limited thereto: effects of transfer on physical and
mental health of the person, sufficiency of nursing care and
medical coverage required by the person, sufficiency of staff
personnel and ability to provide basic care for the person,
social, recreational and programmatic activities available for
the person, and other appropriate aspects of the person's
environment.
A report containing the above observations shall be made to
the Department, to the licensing agency, and to any other
appropriate agency subsequent to each visitation. The report

shall contain recommendations to improve the care and treatment
of the resident, as necessary, which shall be reviewed by the
facility's interdisciplinary team and the resident or the
resident's legal guardian.
Upon the complaint of any person placed in accordance with
this Section or any responsible citizen or upon discovery that
such person has been abused, neglected, or improperly cared
for, or that the placement does not provide the type of care
required by the recipient's current condition, the Department
immediately shall investigate, and determine if the
well-being, health, care, or safety of any person is affected
by any of the above occurrences, and if any one of the above
occurrences is verified, the Department shall remove such
person at once to a facility of the Department or to another
facility outside the Department, provided such person's needs
can be met at said facility. The Department may also provide
any person placed in accordance with this Section who is
without available funds, and who is permitted to engage in
employment outside the facility, such sums for the
transportation, and other expenses as may be needed by him
until he receives his wages for such employment.
The Department shall promulgate rules and regulations
governing the purchase of care for persons who are wards of or
who are receiving services from the Department. Such rules and
regulations shall apply to all monies expended by any agency of
the State of Illinois for services rendered by any person,

corporate entity, agency, governmental agency or political
subdivision whether public or private outside of the Department
whether payment is made through a contractual, per-diem or
other arrangement. No funds shall be paid to any person,
corporation, agency, governmental entity or political
subdivision without compliance with such rules and
regulations.
The rules and regulations governing purchase of care shall
describe categories and types of service deemed appropriate for
purchase by the Department.
Any provider of services under this Act may elect to
receive payment for those services, and the Department is
authorized to arrange for that payment, by means of direct
deposit transmittals to the service provider's account
maintained at a bank, savings and loan association, or other
financial institution. The financial institution shall be
approved by the Department, and the deposits shall be in
accordance with rules and regulations adopted by the
Department.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-7-11.)
(20 ILCS 1705/73)
Sec. 73. Report; Williams v. Quinn consent decree.
(a) Annual Report.
(1) No later than that December 31, 2011, and on

December 31st of each of the following 4 years, the
Department of Human Services shall prepare and submit an
annual report to the General Assembly concerning the
implementation of the Williams v. Quinn consent decree and
other efforts to move persons with mental illnesses from
institutional settings to community-based settings. This
report shall include:
(A) The number of persons who have been moved from
long-term care facilities to community-based settings
during the previous year and the number of persons
projected to be moved during the next year.
(B) Any implementation or compliance reports
prepared by the State for the Court or the
court-appointed monitor in Williams v. Quinn.
(C) Any reports from the court-appointed monitor
or findings by the Court reflecting the Department's
compliance or failure to comply with the Williams v.
Quinn consent decree and any other order issued during
that proceeding.
(D) Statistics reflecting the number and types of
community-based services provided to persons who have
been moved from long-term care facilities to
community-based settings.
(E) Any additional community-based services which
are or will be needed in order to ensure maximum
community integration as provided for by the Williams

v. Quinn consent decree, and the Department's plan for
providing these services.
(F) Any and all costs associated with
transitioning residents from institutional settings to
community-based settings, including, but not limited
to, the cost of residential services, the cost of
outpatient treatment, and the cost of all community
support services facilitating the community-based
setting.
(2) The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the report
with the Speaker, Minority Leader, and Clerk of the House
of Representatives; the President, Minority Leader, and
Secretary of the Senate; and the Legislative Research Unit,
as required by Section 3.1 of the General Assembly
Organization Act, and by filing additional copies with the
State Government Report Distribution Center for the
General Assembly as required under paragraph (t) of Section
7 of the State Library Act.
(b) Department rule. The Department of Human Services shall
draft and promulgate a new rule governing community-based
residential settings. The new rule for community-based
residential settings shall include settings that offer to
persons with serious mental illness (i) community-based
residential recovery-oriented mental health care, treatment,
and services; and (ii) community-based residential mental

health and co-occurring substance use disorder care,
treatment, and services.
Community-based residential settings shall honor a
consumer's choice as well as a consumer's right to live in the:
(1) Least restrictive environment.
(2) Most appropriate integrated setting.
(3) Least restrictive environment and most appropriate
integrated setting designed to assist the individual in
living in a safe, appropriate, and therapeutic
environment.
(4) Least restrictive environment and most appropriate
integrated setting that affords the person the opportunity
to live similarly to persons without serious mental
illness.
The new rule for community-based residential settings
shall be drafted in such a manner as to delineate
State-supported care, treatment, and services appropriately
governed within the new rule, and shall continue eligibility
for eligible individuals in programs governed by Title 59, Part
132 of the Illinois Administrative Code. The Department shall
draft a new rule for community-based residential settings by
January 1, 2012. The new rule must include, but shall not be
limited to, standards for:
(i) Administrative requirements.
(ii) Monitoring, review, and reporting.
(iii) Certification requirements.

(iv) Life safety.
(c) Study of housing and residential services. By no later
than October 1, 2011, the Department shall conduct a statewide
study to assess the existing types of community-based housing
and residential services currently being provided to
individuals with mental illnesses in Illinois. This study shall
include State-funded and federally funded housing and
residential services. The results of this study shall be used
to inform the rulemaking process outlined in subsection (b).
(Source: P.A. 97-529, eff. 8-23-11; revised 11-18-11.)
Section 85. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-60 as follows:
(20 ILCS 2105/2105-60)
Sec. 2105-60. Payment by credit card or third-party payment
agent.
(a) For the purposes of this Section, "credit card" has the
meaning given to it in Section 10 of the Local Governmental
Government Acceptance of Credit Cards Act.
(b) The Department may, but need not, accept payment by
credit card for any fee, fine, or other charge that it is
authorized by law to collect. The Department may adopt rules
and procedures governing the acceptance of payment by credit
card and may enter into such agreements as may be necessary to

accept payment by credit card.
(c) The Department may, but need not, accept payment
through a third-party payment agent of any fee, fine, or other
charges to the Department. The Department may adopt rules and
procedures governing the acceptance of payments through
third-party payment agents.
The Department may enter into agreements with one or more
financial institutions, internet companies, or other business
entities to act as third-party payment agents for the payment
of fees, fines, or other charges to the Department. These
agreements may authorize the third-party payment agent to
retain a service fee out of the payments collected.
(d) Receipt by the Department of the amount of a fee, fine,
or other charge paid by credit card or through a third-party
payment agent authorized by the Department, less the amount of
any service fee retained under the Department's agreement with
the credit card service provider or the third-party payment
agent, shall be deemed receipt of the full amount of the fee or
other charge and shall discharge the payment obligation in
full.
(e) In the event of a conflict between this Section and a
provision of any other Act administered by the Department, this
Section controls.
(Source: P.A. 92-565, eff. 6-24-02; revised 11-18-11.)
Section 90. The Illinois Health Finance Reform Act is

amended by changing Section 4-2 as follows:
(20 ILCS 2215/4-2) (from Ch. 111 1/2, par. 6504-2)
Sec. 4-2. Powers and duties.
(a) (Blank).
(b) (Blank).
(c) (Blank).
(d) Uniform Provider Utilization and Charge Information.
(1) The Department of Public Health shall require that
all hospitals and ambulatory surgical treatment centers
licensed to operate in the State of Illinois adopt a
uniform system for submitting patient claims and encounter
data for payment from public and private payors. This
system shall be based upon adoption of the uniform
electronic billing form pursuant to the Health Insurance
Portability and Accountability Act.
(2) (Blank).
(3) The Department of Insurance shall require all
third-party payors, including but not limited to, licensed
insurers, medical and hospital service corporations,
health maintenance organizations, and self-funded employee
health plans, to accept the uniform billing form, without
attachment as submitted by hospitals pursuant to paragraph
(1) of subsection (d) above, effective January 1, 1985;
provided, however, nothing shall prevent all such third
party payors from requesting additional information

necessary to determine eligibility for benefits or
liability for reimbursement for services provided.
(4) By no later than 60 days after the end of each
calendar quarter, each hospital licensed in the State shall
electronically submit to the Department inpatient and
outpatient claims and encounter data related to surgical
and invasive procedures collected under paragraph (5) for
each patient.
By no later than 60 days after the end of each calendar
quarter, each ambulatory surgical treatment center
licensed in the State shall electronically submit to the
Department outpatient claims and encounter data collected
under paragraph (5) for each patient, provided however,
that, until July 1, 2006, ambulatory surgical treatment
centers who cannot electronically submit data may submit
data by computer diskette. For hospitals, the claims and
encounter data to be reported shall include all inpatient
surgical cases. Claims and encounter data submitted under
this Act shall not include a patient's Social Security
number; provided, however, that the Department may
require, by rule, the inclusion of a unique patient
identifier that may be based upon the last four digits of
the patient's Social Security number. The Department shall
promulgate regulations to protect the patient's rights of
confidentiality and privacy. The regulations shall ensure
that patient names, addresses, Social Security numbers, or

any other data that the Department believes could be used
to determine the identity of an individual patient shall be
stored and processed in the most secure manner possible.
(5) By no later than January 1, 2006, the Department
must collect and compile claims and encounter data related
to surgical and invasive procedures according to uniform
electronic submission formats as required under the Health
Insurance Portability and Accountability Act. By no later
than January 1, 2006, the Department must collect and
compile from ambulatory surgical treatment centers the
claims and encounter data according to uniform electronic
data element formats as required under the Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
(6) The Department shall make available on its website
the "Consumer Guide to Health Care" by January 1, 2006. The
Department shall also make available on its website the
Hospital Report Card Act. The "Consumer Guide to Health
Care" and the Hospital Report Card Act were established to
educate and assist Illinois health care consumers as they
make health care choices for themselves, their families,
and their loved ones. Significant and useful information is
available through the "Consumer Guide to Health Care" and
the Hospital Report Card Act. The links to the "Consumer
Guide to Health Care" and the Hospital Report Card Act on
the Department's website shall include a brief description
of the information available in both. When the Department

creates new or updates existing consumer fact sheets and
other information or materials for the purpose of educating
the Illinois health care consumer, it shall reference the
web pages of the "Consumer Guide to Health Care" and the
Hospital Report Card Act when it is relevant and
appropriate. The "Consumer Guide to Health Care" shall
include information on at least 30 inpatient conditions and
procedures identified by the Department that demonstrate
the highest degree of variation in patient charges and
quality of care. By no later than January 1, 2007, the
"Consumer Guide to Health Care" shall also include
information on at least 30 outpatient conditions and
procedures identified by the Department that demonstrate
the highest degree of variation in patient charges and
quality care. As to each condition or procedure, the
"Consumer Guide to Health Care" shall include up-to-date
comparison information relating to volume of cases,
average charges, risk-adjusted mortality rates, and
nosocomial infection rates and, with respect to outpatient
surgical and invasive procedures, shall include
information regarding surgical infections, complications,
and direct admissions of outpatient cases to hospitals for
selected procedures, as determined by the Department,
based on review by the Department of its own, local, or
national studies. Information disclosed pursuant to this
paragraph on mortality and infection rates shall be based

upon information hospitals and ambulatory surgical
treatment centers have either (i) previously submitted to
the Department pursuant to their obligations to report
health care information under this Act or other public
health reporting laws and regulations outside of this Act
or (ii) submitted to the Department under the provisions of
the Hospital Report Card Act.
(7) Publicly disclosed information must be provided in
language that is easy to understand and accessible to
consumers using an interactive query system. The guide
shall include such additional information as is necessary
to enhance decision making among consumer and health care
purchasers, which shall include, at a minimum, appropriate
guidance on how to interpret the data and an explanation of
why the data may vary from provider to provider. The
"Consumer Guide to Health Care" shall also cite standards
that facilities meet under state and federal law and, if
applicable, to achieve voluntary accreditation.
(8) None of the information the Department discloses to
the public under this subsection may be made available
unless the information has been reviewed, adjusted, and
validated according to the following process:
(i) Hospitals, ambulatory surgical treatment
centers, and organizations representing hospitals,
ambulatory surgical treatment centers, purchasers,
consumer groups, and health plans are meaningfully

involved in providing advice and consultation to the
Department in the development of all aspects of the
Department's methodology for collecting, analyzing,
and disclosing the information collected under this
Act, including collection methods, formatting, and
methods and means for release and dissemination;
(ii) The entire methodology for collecting and
analyzing the data is disclosed to all relevant
organizations and to all providers that are the subject
of any information to be made available to the public
before any public disclosure of such information;
(iii) Data collection and analytical methodologies
are used that meet accepted standards of validity and
reliability before any information is made available
to the public;
(iv) The limitations of the data sources and
analytic methodologies used to develop comparative
provider information are clearly identified and
acknowledged, including, but not limited to,
appropriate and inappropriate uses of the data;
(v) To the greatest extent possible, comparative
hospital and ambulatory surgical treatment center
information initiatives use standard-based norms
derived from widely accepted provider-developed
practice guidelines;
(vi) Comparative hospital and ambulatory surgical

treatment center information and other information
that the Department has compiled regarding hospitals
and ambulatory surgical treatment centers is shared
with the hospitals and ambulatory surgical treatment
centers under review prior to public dissemination of
the information and these providers have an
opportunity to make corrections and additions of
helpful explanatory comments about the information
before the publication;
(vii) Comparisons among hospitals and ambulatory
surgical treatment centers adjust for patient case mix
and other relevant risk factors and control for
provider peer groups, if applicable;
(viii) Effective safeguards to protect against the
unauthorized use or disclosure of hospital and
ambulatory surgical treatment center information are
developed and implemented;
(ix) Effective safeguards to protect against the
dissemination of inconsistent, incomplete, invalid,
inaccurate, or subjective provider data are developed
and implemented;
(x) The quality and accuracy of hospital and
ambulatory surgical treatment center information
reported under this Act and its data collection,
analysis, and dissemination methodologies are
evaluated regularly; and

(xi) Only the most basic hospital or ambulatory
surgical treatment center identifying information from
mandatory reports is used. Information regarding a
hospital or ambulatory surgical center may be released
regardless of the number of employees or health care
professionals whose data are reflected in the data for
the hospital or ambulatory surgical treatment center
as long as no specific information identifying an
employee or a health care professional is released.
Further, patient identifiable information is not
released. The input data collected by the Department
shall not be a public record under the Illinois Freedom
of Information Act.
None of the information the Department discloses to the
public under this Act may be used to establish a standard
of care in a private civil action.
(9) The Department must develop and implement an
outreach campaign to educate the public regarding the
availability of the "Consumer Guide to Health Care".
(10) By January 1, 2006, the Department must study the
most effective methods for public disclosure of patient
claims and encounter data and health care quality
information that will be useful to consumers in making
health care decisions and report its recommendations to the
Governor and to the General Assembly.
(11) The Department must undertake all steps necessary

under State and Federal law to protect patient
confidentiality in order to prevent the identification of
individual patient records.
(12) The Department must adopt rules for inpatient and
outpatient data collection and reporting no later than
January 1, 2006.
(13) In addition to the data products indicated above,
the Department shall respond to requests by government
agencies, academic research organizations, and private
sector organizations for purposes of clinical performance
measurements and analyses of data collected pursuant to
this Section.
(14) The Department, with the advice of and in
consultation with hospitals, ambulatory surgical treatment
centers, organizations representing hospitals,
organizations representing ambulatory treatment centers,
purchasers, consumer groups, and health plans, must
evaluate additional methods for comparing the performance
of hospitals and ambulatory surgical treatment centers,
including the value of disclosing additional measures that
are adopted by the National Quality Forum, The Joint
Commission on Accreditation of Healthcare Organizations,
the Accreditation Association for Ambulatory Health Care,
the Centers for Medicare and Medicaid Services, or similar
national entities that establish standards to measure the
performance of health care providers. The Department shall

report its findings and recommendations on its Internet
website and to the Governor and General Assembly no later
than July 1, 2006.
(e) (Blank).
(Source: P.A. 97-171, eff. 1-1-12; 97-180, eff. 1-1-12; revised
9-7-11.)
Section 95. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-367, 2310-550, 2310-560,
2310-565, and 2310-625 as follows:
(20 ILCS 2310/2310-367)
Sec. 2310-367. Health Data Task Force; purpose;
implementation plan.
(a) In accordance with the recommendations of the 2007
State Health Improvement Plan, it is the policy of the State
that, to the extent possible and consistent with privacy and
other laws, State public health data and health-related
administrative data are to be used to understand and report on
the scope of health problems, plan prevention programs, and
evaluate program effectiveness at the State and community
level. It is a priority to use data to address racial, ethnic,
and other health disparities. This system is intended to
support State and community level public health planning, and
is not intended to supplant or replace data-use agreements

between State agencies and academic researchers for more
specific research needs.
(b) Within 30 days after August 24, 2007 (the effective
date of Public Act 95-418) this amendatory Act of the 95th
General Assembly, a Health Data Task Force shall be convened to
create a system for public access to integrated health data.
The Task Force shall consist of the following: the Director of
Public Health or his or her designee; the Director of
Healthcare and Family Services or his or her designee; the
Secretary of Human Services or his or her designee; the
Director of the Department on Aging or his or her designee; the
Director of Children and Family Services or his or her
designee; the State Superintendent of Education or his or her
designee; and other State officials as deemed appropriate by
the Governor.
The Task Force shall be advised by a public advisory group
consisting of community health data users, minority health
advocates, local public health departments, and private data
suppliers such as hospitals and other health care providers.
Each member of the Task Force shall appoint 3 members of the
public advisory group. The public advisory group shall assist
the Task Force in setting goals, articulating user needs, and
setting priorities for action.
The Department of Public Health is primarily responsible
for providing staff and administrative support to the Task
Force. The other State agencies represented on the Task Force

shall work cooperatively with the Department of Public Health
to provide administrative support to the Task Force. The
Department of Public Health shall have ongoing responsibility
for monitoring the implementation of the plan and shall have
ongoing responsibility to identify new or emerging data or
technology needs.
The State agencies represented on the Task Force shall
review their health data, data collection, and dissemination
policies for opportunities to coordinate and integrate data and
make data available within and outside State government in
support of this State policy. To the extent possible, existing
data infrastructure shall be used to create this system of
public access to data. The Illinois Department of Health Care
and Family Services data warehouse and the Illinois Department
of Public Health IPLAN Data System may be the foundation of
this system.
(c) The Task Force shall produce a plan with a phased and
prioritized implementation timetable focusing on assuring
access to improving the quality of data necessary to understand
health disparities. The Task Force shall submit an initial
report to the General Assembly no later than that July 1, 2008,
and shall make annual reports to the General Assembly on or
before July 1 of each year through 2011 of the progress toward
implementing the plan.
(Source: P.A. 95-418, eff. 8-24-07; revised 11-18-11.)

(20 ILCS 2310/2310-550) (was 20 ILCS 2310/55.40)
Sec. 2310-550. Long-term care facilities. The Department
may perform, in all long-term care facilities as defined in the
Nursing Home Care Act, all facilities as defined in the
Specialized Mental Health Rehabilitation Act, and all
facilities as defined in the ID/DD Community Care Act, all
inspection, evaluation, certification, and inspection of care
duties that the federal government may require the State of
Illinois to perform or have performed as a condition of
participation in any programs under Title XVIII or Title XIX of
the federal Social Security Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-7-11.)
(20 ILCS 2310/2310-560) (was 20 ILCS 2310/55.87)
Sec. 2310-560. Advisory committees concerning construction
of facilities.
(a) The Director shall appoint an advisory committee. The
committee shall be established by the Department by rule. The
Director and the Department shall consult with the advisory
committee concerning the application of building codes and
Department rules related to those building codes to facilities
under the Ambulatory Surgical Treatment Center Act, the Nursing
Home Care Act, the Specialized Mental Health Rehabilitation
Act, and the ID/DD Community Care Act.
(b) The Director shall appoint an advisory committee to

advise the Department and to conduct informal dispute
resolution concerning the application of building codes for new
and existing construction and related Department rules and
standards under the Hospital Licensing Act, including without
limitation rules and standards for (i) design and construction,
(ii) engineering and maintenance of the physical plant, site,
equipment, and systems (heating, cooling, electrical,
ventilation, plumbing, water, sewer, and solid waste
disposal), and (iii) fire and safety. The advisory committee
shall be composed of all of the following members:
(1) The chairperson or an elected representative from
the Hospital Licensing Board under the Hospital Licensing
Act.
(2) Two health care architects with a minimum of 10
years of experience in institutional design and building
code analysis.
(3) Two engineering professionals (one mechanical and
one electrical) with a minimum of 10 years of experience in
institutional design and building code analysis.
(4) One commercial interior design professional with a
minimum of 10 years of experience.
(5) Two representatives from provider associations.
(6) The Director or his or her designee, who shall
serve as the committee moderator.
Appointments shall be made with the concurrence of the
Hospital Licensing Board. The committee shall submit

recommendations concerning the application of building codes
and related Department rules and standards to the Hospital
Licensing Board for review and comment prior to submission to
the Department. The committee shall submit recommendations
concerning informal dispute resolution to the Director. The
Department shall provide per diem and travel expenses to the
committee members.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-7-11.)
(20 ILCS 2310/2310-565) (was 20 ILCS 2310/55.88)
Sec. 2310-565. Facility construction training program. The
Department shall conduct, at least annually, a joint in-service
training program for architects, engineers, interior
designers, and other persons involved in the construction of a
facility under the Ambulatory Surgical Treatment Center Act,
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, the ID/DD Community Care Act, or the
Hospital Licensing Act on problems and issues relating to the
construction of facilities under any of those Acts.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-7-11.)
(20 ILCS 2310/2310-625)
Sec. 2310-625. Emergency Powers.
(a) Upon proclamation of a disaster by the Governor, as

provided for in the Illinois Emergency Management Agency Act,
the Director of Public Health shall have the following powers,
which shall be exercised only in coordination with the Illinois
Emergency Management Agency and the Department of Financial and
Professional Regulation:
(1) The power to suspend the requirements for temporary
or permanent licensure or certification of persons who are
licensed or certified in another state and are working
under the direction of the Illinois Emergency Management
Agency and the Illinois Department of Public Health
pursuant to the declared disaster.
(2) The power to modify the scope of practice
restrictions under the Emergency Medical Services (EMS)
Systems Act for any persons who are licensed under that Act
for any person working under the direction of the Illinois
Emergency Management Agency and the Illinois Department of
Public Health pursuant to the declared disaster.
(3) The power to modify the scope of practice
restrictions under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act for Certified Nursing Assistants for any
person working under the direction of the Illinois
Emergency Management Agency and the Illinois Department of
Public Health pursuant to the declared disaster.
(b) Persons exempt from licensure or certification under
paragraph (1) of subsection (a) and persons operating under

modified scope of practice provisions under paragraph (2) of
subsection (a) and paragraph (3) of subsection (a) shall be
exempt from licensure or certification or subject to modified
scope of practice only until the declared disaster has ended as
provided by law. For purposes of this Section, persons working
under the direction of an emergency services and disaster
agency accredited by the Illinois Emergency Management Agency
and a local public health department, pursuant to a declared
disaster, shall be deemed to be working under the direction of
the Illinois Emergency Management Agency and the Department of
Public Health.
(c) The Director shall exercise these powers by way of
proclamation.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-7-11.)
Section 100. The Abuse of Adults with Disabilities
Intervention Act is amended by changing Section 15 as follows:
(20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
Sec. 15. Definitions. As used in this Act:
"Abuse" means causing any physical, sexual, or mental abuse
to an adult with disabilities, including exploitation of the
adult's financial resources. Nothing in this Act shall be
construed to mean that an adult with disabilities is a victim
of abuse or 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 adult
with disabilities is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
"Adult with disabilities" means a person aged 18 through 59
who resides in a domestic living situation and whose physical
or mental disability impairs his or her ability to seek or
obtain protection from abuse, neglect, or exploitation.
"Department" means the Department of Human Services.
"Adults with Disabilities Abuse Project" or "project"
means that program within the Office of Inspector General
designated by the Department of Human Services to receive and
assess reports of alleged or suspected abuse, neglect, or
exploitation of adults with disabilities.
"Domestic living situation" means a residence where the
adult with disabilities lives alone or with his or her family
or household members, a care giver, or others or at 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 or Section 1-113 of the ID/DD
Community Care Act or Section 1-113 of the Specialized
Mental Health Rehabilitation 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, a federal agency, or the State.
(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 and that
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) A community-integrated living arrangement as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or community residential
alternative as licensed under that Act.
"Emergency" means a situation in which an adult with
disabilities is in danger of death or great bodily harm.
"Family or household members" means a person who as a
family member, volunteer, or paid care provider has assumed
responsibility for all or a portion of the care of an adult
with disabilities who needs assistance with activities of daily
living.
"Financial exploitation" means the illegal, including
tortious, use of the assets or resources of an adult with
disabilities. Exploitation includes, but is not limited to, the

misappropriation of assets or resources of an adult with
disabilities by undue influence, by breach of a fiduciary
relationship, by fraud, deception, or extortion, or by the use
of the assets or resources in a manner contrary to law.
"Mental abuse" means the infliction of emotional or mental
distress by a caregiver, a family member, or any person with
ongoing access to a person with disabilities by threat of harm,
humiliation, or other verbal or nonverbal conduct.
"Neglect" means the failure of another individual to
provide an adult with disabilities with or the willful
withholding from an adult with disabilities the necessities of
life, including, but not limited to, food, clothing, shelter,
or medical care.
Nothing in the definition of "neglect" shall be construed to
impose a requirement that assistance be provided to an adult
with disabilities over his or her objection in the absence of a
court order, nor to create any new affirmative duty to provide
support, assistance, or intervention to an adult with
disabilities. Nothing in this Act shall be construed to mean
that an adult with disabilities is a victim of neglect because
of health care services provided or not provided by licensed
health care professionals.
"Physical abuse" means any of the following acts:
(1) knowing or reckless use of physical force,
confinement, or restraint;
(2) knowing, repeated, and unnecessary sleep

deprivation;
(3) knowing or reckless conduct which creates an
immediate risk of physical harm; or
(4) when committed by a caregiver, a family member, or
any person with ongoing access to a person with
disabilities, directing another person to physically abuse
a person with disabilities.
"Secretary" means the Secretary of Human Services.
"Sexual abuse" means touching, fondling, sexual threats,
sexually inappropriate remarks, or any other sexual activity
with an adult with disabilities when the adult with
disabilities is unable to understand, unwilling to consent,
threatened, or physically forced to engage in sexual behavior.
Sexual abuse includes acts of sexual exploitation including,
but not limited to, facilitating or compelling an adult with
disabilities to become a prostitute, or receiving anything of
value from an adult with disabilities knowing it was obtained
in whole or in part from the practice of prostitution.
"Substantiated case" means a reported case of alleged or
suspected abuse, neglect, or exploitation in which the Adults
with Disabilities Abuse Project staff, after assessment,
determines that there is reason to believe abuse, neglect, or
exploitation has occurred.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-354, eff. 8-12-11; revised 9-7-11.)

Section 105. The Illinois Finance Authority Act is amended
by changing Section 801-10 as follows:
(20 ILCS 3501/801-10)
Sec. 801-10. Definitions. The following terms, whenever
used or referred to in this Act, shall have the following
meanings, except in such instances where the context may
clearly indicate otherwise:
(a) The term "Authority" means the Illinois Finance
Authority created by this Act.
(b) The term "project" means an industrial project,
conservation project, housing project, public purpose project,
higher education project, health facility project, cultural
institution project, agricultural facility or agribusiness,
and "project" may include any combination of one or more of the
foregoing undertaken jointly by any person with one or more
other persons.
(c) The term "public purpose project" means any project or
facility including without limitation land, buildings,
structures, machinery, equipment and all other real and
personal property, which is authorized or required by law to be
acquired, constructed, improved, rehabilitated, reconstructed,
replaced or maintained by any unit of government or any other
lawful public purpose which is authorized or required by law to
be undertaken by any unit of government.
(d) The term "industrial project" means the acquisition,

construction, refurbishment, creation, development or
redevelopment of any facility, equipment, machinery, real
property or personal property for use by any instrumentality of
the State or its political subdivisions, for use by any person
or institution, public or private, for profit or not for
profit, or for use in any trade or business including, but not
limited to, any industrial, manufacturing or commercial
enterprise and which is (1) a capital project including but not
limited to: (i) land and any rights therein, one or more
buildings, structures or other improvements, machinery and
equipment, whether now existing or hereafter acquired, and
whether or not located on the same site or sites; (ii) all
appurtenances and facilities incidental to the foregoing,
including, but not limited to utilities, access roads, railroad
sidings, track, docking and similar facilities, parking
facilities, dockage, wharfage, railroad roadbed, track,
trestle, depot, terminal, switching and signaling or related
equipment, site preparation and landscaping; and (iii) all
non-capital costs and expenses relating thereto or (2) any
addition to, renovation, rehabilitation or improvement of a
capital project or (3) any activity or undertaking which the
Authority determines will aid, assist or encourage economic
growth, development or redevelopment within the State or any
area thereof, will promote the expansion, retention or
diversification of employment opportunities within the State
or any area thereof or will aid in stabilizing or developing

any industry or economic sector of the State economy. The term
"industrial project" also means the production of motion
pictures.
(e) The term "bond" or "bonds" shall include bonds, notes
(including bond, grant or revenue anticipation notes),
certificates and/or other evidences of indebtedness
representing an obligation to pay money, including refunding
bonds.
(f) The terms "lease agreement" and "loan agreement" shall
mean: (i) an agreement whereby a project acquired by the
Authority by purchase, gift or lease is leased to any person,
corporation or unit of local government which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for lease rental payments at least sufficient
to pay when due all principal of, interest and premium, if any,
on any bonds of the Authority issued with respect to such
project, providing for the maintenance, insuring and operation
of the project on terms satisfactory to the Authority,
providing for disposition of the project upon termination of
the lease term, including purchase options or abandonment of
the premises, and such other terms as may be deemed desirable
by the Authority, or (ii) any agreement pursuant to which the
Authority agrees to loan the proceeds of its bonds issued with
respect to a project or other funds of the Authority to any
person which will use or cause the project to be used as a
project as heretofore defined upon terms providing for loan

repayment installments at least sufficient to pay when due all
principal of, interest and premium, if any, on any bonds of the
Authority, if any, issued with respect to the project, and
providing for maintenance, insurance and other matters as may
be deemed desirable by the Authority.
(g) The term "financial aid" means the expenditure of
Authority funds or funds provided by the Authority through the
issuance of its bonds, notes or other evidences of indebtedness
or from other sources for the development, construction,
acquisition or improvement of a project.
(h) The term "person" means an individual, corporation,
unit of government, business trust, estate, trust, partnership
or association, 2 or more persons having a joint or common
interest, or any other legal entity.
(i) The term "unit of government" means the federal
government, the State or unit of local government, a school
district, or any agency or instrumentality, office, officer,
department, division, bureau, commission, college or
university thereof.
(j) The term "health facility" means: (a) any public or
private institution, place, building, or agency required to be
licensed under the Hospital Licensing Act; (b) any public or
private institution, place, building, or agency required to be
licensed under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act, or the ID/DD Community Care
Act; (c) any public or licensed private hospital as defined in

the Mental Health and Developmental Disabilities Code; (d) any
such facility exempted from such licensure when the Director of
Public Health attests that such exempted facility meets the
statutory definition of a facility subject to licensure; (e)
any other public or private health service institution, place,
building, or agency which the Director of Public Health attests
is subject to certification by the Secretary, U.S. Department
of Health and Human Services under the Social Security Act, as
now or hereafter amended, or which the Director of Public
Health attests is subject to standard-setting by a recognized
public or voluntary accrediting or standard-setting agency;
(f) any public or private institution, place, building or
agency engaged in providing one or more supporting services to
a health facility; (g) any public or private institution,
place, building or agency engaged in providing training in the
healing arts, including but not limited to schools of medicine,
dentistry, osteopathy, optometry, podiatry, pharmacy or
nursing, schools for the training of x-ray, laboratory or other
health care technicians and schools for the training of
para-professionals in the health care field; (h) any public or
private congregate, life or extended care or elderly housing
facility or any public or private home for the aged or infirm,
including, without limitation, any Facility as defined in the
Life Care Facilities Act; (i) any public or private mental,
emotional or physical rehabilitation facility or any public or
private educational, counseling, or rehabilitation facility or

home, for those persons with a developmental disability, those
who are physically ill or disabled, the emotionally disturbed,
those persons with a mental illness or persons with learning or
similar disabilities or problems; (j) any public or private
alcohol, drug or substance abuse diagnosis, counseling
treatment or rehabilitation facility, (k) any public or private
institution, place, building or agency licensed by the
Department of Children and Family Services or which is not so
licensed but which the Director of Children and Family Services
attests provides child care, child welfare or other services of
the type provided by facilities subject to such licensure; (l)
any public or private adoption agency or facility; and (m) any
public or private blood bank or blood center. "Health facility"
also means a public or private structure or structures suitable
primarily for use as a laboratory, laundry, nurses or interns
residence or other housing or hotel facility used in whole or
in part for staff, employees or students and their families,
patients or relatives of patients admitted for treatment or
care in a health facility, or persons conducting business with
a health facility, physician's facility, surgicenter,
administration building, research facility, maintenance,
storage or utility facility and all structures or facilities
related to any of the foregoing or required or useful for the
operation of a health facility, including parking or other
facilities or other supporting service structures required or
useful for the orderly conduct of such health facility. "Health

facility" also means, with respect to a project located outside
the State, any public or private institution, place, building,
or agency which provides services similar to those described
above, provided that such project is owned, operated, leased or
managed by a participating health institution located within
the State, or a participating health institution affiliated
with an entity located within the State.
(k) The term "participating health institution" means (i) a
private corporation or association or (ii) a public entity of
this State, in either case authorized by the laws of this State
or the applicable state to provide or operate a health facility
as defined in this Act and which, pursuant to the provisions of
this Act, undertakes the financing, construction or
acquisition of a project or undertakes the refunding or
refinancing of obligations, loans, indebtedness or advances as
provided in this Act.
(l) The term "health facility project", means a specific
health facility work or improvement to be financed or
refinanced (including without limitation through reimbursement
of prior expenditures), acquired, constructed, enlarged,
remodeled, renovated, improved, furnished, or equipped, with
funds provided in whole or in part hereunder, any accounts
receivable, working capital, liability or insurance cost or
operating expense financing or refinancing program of a health
facility with or involving funds provided in whole or in part
hereunder, or any combination thereof.

(m) The term "bond resolution" means the resolution or
resolutions authorizing the issuance of, or providing terms and
conditions related to, bonds issued under this Act and
includes, where appropriate, any trust agreement, trust
indenture, indenture of mortgage or deed of trust providing
terms and conditions for such bonds.
(n) The term "property" means any real, personal or mixed
property, whether tangible or intangible, or any interest
therein, including, without limitation, any real estate,
leasehold interests, appurtenances, buildings, easements,
equipment, furnishings, furniture, improvements, machinery,
rights of way, structures, accounts, contract rights or any
interest therein.
(o) The term "revenues" means, with respect to any project,
the rents, fees, charges, interest, principal repayments,
collections and other income or profit derived therefrom.
(p) The term "higher education project" means, in the case
of a private institution of higher education, an educational
facility to be acquired, constructed, enlarged, remodeled,
renovated, improved, furnished, or equipped, or any
combination thereof.
(q) The term "cultural institution project" means, in the
case of a cultural institution, a cultural facility to be
acquired, constructed, enlarged, remodeled, renovated,
improved, furnished, or equipped, or any combination thereof.
(r) The term "educational facility" means any property

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

student union, study facility, theatre or utility.
(s) The term "cultural facility" means any property located
within the State, or any property located outside the State,
provided that, if the property is located outside the State, it
must be owned, operated, leased or managed by an entity located
within the State or an entity affiliated with an entity located
within the State, in each case constructed or acquired before
or after the effective date of this Act, which is or will be,
in whole or in part, suitable for the particular purposes or
needs of a cultural institution, including, without
limitation, any such property suitable for use as or in
connection with any one or more of the following: an
administrative facility, aquarium, assembly hall, auditorium,
botanical garden, exhibition hall, gallery, greenhouse,
library, museum, scientific laboratory, theater or zoological
facility, and shall also include, without limitation, books,
works of art or music, animal, plant or aquatic life or other
items for display, exhibition or performance. The term
"cultural facility" includes buildings on the National
Register of Historic Places which are owned or operated by
nonprofit entities.
(t) "Private institution of higher education" means a
not-for-profit educational institution which is not owned by
the State or any political subdivision, agency,
instrumentality, district or municipality thereof, which is
authorized by law to provide a program of education beyond the

high school level and which:
(1) Admits as regular students only individuals having
a certificate of graduation from a high school, or the
recognized equivalent of such a certificate;
(2) Provides an educational program for which it awards
a bachelor's degree, or provides an educational program,
admission into which is conditioned upon the prior
attainment of a bachelor's degree or its equivalent, for
which it awards a postgraduate degree, or provides not less
than a 2-year program which is acceptable for full credit
toward such a degree, or offers a 2-year program in
engineering, mathematics, or the physical or biological
sciences which is designed to prepare the student to work
as a technician and at a semiprofessional level in
engineering, scientific, or other technological fields
which require the understanding and application of basic
engineering, scientific, or mathematical principles or
knowledge;
(3) Is accredited by a nationally recognized
accrediting agency or association or, if not so accredited,
is an institution whose credits are accepted, on transfer,
by not less than 3 institutions which are so accredited,
for credit on the same basis as if transferred from an
institution so accredited, and holds an unrevoked
certificate of approval under the Private College Act from
the Board of Higher Education, or is qualified as a "degree

granting institution" under the Academic Degree Act; and
(4) Does not discriminate in the admission of students
on the basis of race or color. "Private institution of
higher education" also includes any "academic
institution".
(u) The term "academic institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in, or
facilitates academic, scientific, educational or professional
research or learning in a field or fields of study taught at a
private institution of higher education. Academic institutions
include, without limitation, libraries, archives, academic,
scientific, educational or professional societies,
institutions, associations or foundations having such
purposes.
(v) The term "cultural institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in the
cultural, intellectual, scientific, educational or artistic
enrichment of the people of the State. Cultural institutions
include, without limitation, aquaria, botanical societies,
historical societies, libraries, museums, performing arts
associations or societies, scientific societies and zoological
societies.

(w) The term "affiliate" means, with respect to financing
of an agricultural facility or an agribusiness, any lender, any
person, firm or corporation controlled by, or under common
control with, such lender, and any person, firm or corporation
controlling such lender.
(x) The term "agricultural facility" means land, any
building or other improvement thereon or thereto, and any
personal properties deemed necessary or suitable for use,
whether or not now in existence, in farming, ranching, the
production of agricultural commodities (including, without
limitation, the products of aquaculture, hydroponics and
silviculture) or the treating, processing or storing of such
agricultural commodities when such activities are customarily
engaged in by farmers as a part of farming.
(y) The term "lender" with respect to financing of an
agricultural facility or an agribusiness, means any federal or
State chartered bank, Federal Land Bank, Production Credit
Association, Bank for Cooperatives, federal or State chartered
savings and loan association or building and loan association,
Small Business Investment Company or any other institution
qualified within this State to originate and service loans,
including, but without limitation to, insurance companies,
credit unions and mortgage loan companies. "Lender" also means
a wholly owned subsidiary of a manufacturer, seller or
distributor of goods or services that makes loans to businesses
or individuals, commonly known as a "captive finance company".

(z) The term "agribusiness" means any sole proprietorship,
limited partnership, co-partnership, joint venture,
corporation or cooperative which operates or will operate a
facility located within the State of Illinois that is related
to the processing of agricultural commodities (including,
without limitation, the products of aquaculture, hydroponics
and silviculture) or the manufacturing, production or
construction of agricultural buildings, structures, equipment,
implements, and supplies, or any other facilities or processes
used in agricultural production. Agribusiness includes but is
not limited to the following:
(1) grain handling and processing, including grain
storage, drying, treatment, conditioning, mailing and
packaging;
(2) seed and feed grain development and processing;
(3) fruit and vegetable processing, including
preparation, canning and packaging;
(4) processing of livestock and livestock products,
dairy products, poultry and poultry products, fish or
apiarian products, including slaughter, shearing,
collecting, preparation, canning and packaging;
(5) fertilizer and agricultural chemical
manufacturing, processing, application and supplying;
(6) farm machinery, equipment and implement
manufacturing and supplying;
(7) manufacturing and supplying of agricultural

commodity processing machinery and equipment, including
machinery and equipment used in slaughter, treatment,
handling, collecting, preparation, canning or packaging of
agricultural commodities;
(8) farm building and farm structure manufacturing,
construction and supplying;
(9) construction, manufacturing, implementation,
supplying or servicing of irrigation, drainage and soil and
water conservation devices or equipment;
(10) fuel processing and development facilities that
produce fuel from agricultural commodities or byproducts;
(11) facilities and equipment for processing and
packaging agricultural commodities specifically for
export;
(12) facilities and equipment for forestry product
processing and supplying, including sawmilling operations,
wood chip operations, timber harvesting operations, and
manufacturing of prefabricated buildings, paper, furniture
or other goods from forestry products;
(13) facilities and equipment for research and
development of products, processes and equipment for the
production, processing, preparation or packaging of
agricultural commodities and byproducts.
(aa) The term "asset" with respect to financing of any
agricultural facility or any agribusiness, means, but is not
limited to the following: cash crops or feed on hand; livestock

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

development.
(ee) The term "conservation project" means any project
including the acquisition, construction, rehabilitation,
maintenance, operation, or upgrade that is intended to create
or expand open space or to reduce energy usage through
efficiency measures. For the purpose of this definition, "open
space" has the definition set forth under Section 10 of the
Illinois Open Land Trust Act.
(ff) The term "significant presence" means the existence
within the State of the national or regional headquarters of an
entity or group or such other facility of an entity or group of
entities where a significant amount of the business functions
are performed for such entity or group of entities.
(Source: P.A. 96-339, eff. 7-1-10; 96-1021, eff. 7-12-10;
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-7-11.)
Section 110. The Illinois Power Agency Act is amended by
changing Sections 1-5, 1-10, 1-20, and 1-75 as follows:
(20 ILCS 3855/1-5)
Sec. 1-5. Legislative declarations and findings. The
General Assembly finds and declares:
(1) The health, welfare, and prosperity of all Illinois
citizens require the provision of adequate, reliable,
affordable, efficient, and environmentally sustainable
electric service at the lowest total cost over time, taking

into account any benefits of price stability.
(2) The transition to retail competition is not
complete. Some customers, especially residential and small
commercial customers, have failed to benefit from lower
electricity costs from retail and wholesale competition.
(3) Escalating prices for electricity in Illinois pose
a serious threat to the economic well-being, health, and
safety of the residents of and the commerce and industry of
the State.
(4) To protect against this threat to economic
well-being, health, and safety it is necessary to improve
the process of procuring electricity to serve Illinois
residents, to promote investment in energy efficiency and
demand-response measures, and to support development of
clean coal technologies and renewable resources.
(5) Procuring a diverse electricity supply portfolio
will ensure the lowest total cost over time for adequate,
reliable, efficient, and environmentally sustainable
electric service.
(6) Including cost-effective renewable resources in
that portfolio will reduce long-term direct and indirect
costs to consumers by decreasing environmental impacts and
by avoiding or delaying the need for new generation,
transmission, and distribution infrastructure.
(7) Energy efficiency, demand-response measures, and
renewable energy are resources currently underused in

Illinois.
(8) The State should encourage the use of advanced
clean coal technologies that capture and sequester carbon
dioxide emissions to advance environmental protection
goals and to demonstrate the viability of coal and
coal-derived fuels in a carbon-constrained economy.
(9) The General Assembly enacted Public Act 96-0795 to
reform the State's purchasing processes, recognizing that
government procurement is susceptible to abuse if
structural and procedural safeguards are not in place to
ensure independence, insulation, oversight, and
transparency.
(10) The principles that underlie the procurement
reform legislation apply also in the context of power
purchasing.
The General Assembly therefore finds that it is necessary
to create the Illinois Power Agency and that the goals and
objectives of that Agency are to accomplish each of the
following:
(A) 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 and for small multi-jurisdictional

electric utilities that (i) on December 31, 2005 served
less than 100,000 customers in Illinois and (ii) request a
procurement plan for their Illinois jurisdictional load.
The procurement plan shall be updated on an annual basis
and shall include renewable energy resources sufficient to
achieve the standards specified in this Act.
(B) Conduct competitive procurement processes to
procure the supply resources identified in the procurement
plan.
(C) 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.
(D) Supply electricity from the Agency's facilities at
cost to one or more of the following: municipal electric
systems, governmental aggregators, or rural electric
cooperatives in Illinois.
(E) Ensure that the process of power procurement is
conducted in an ethical and transparent fashion, immune
from improper influence.
(F) Continue to review its policies and practices to
determine how best to meet its mission of providing the
lowest cost power to the greatest number of people, at any
given point in time, in accordance with applicable law.
(G) Operate in a structurally insulated, independent,
and transparent fashion so that nothing impedes the

Agency's mission to secure power at the best prices the
market will bear, provided that the Agency meets all
applicable legal requirements.
(Source: P.A. 97-325, eff. 8-12-11; 97-618, eff. 10-26-11;
revised 11-9-11.)
(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 dioxide emissions at the
following levels: at least 50% of the total carbon dioxide
emissions that the facility would otherwise emit if, at the
time construction commences, the facility is scheduled to
commence operation before 2016, at least 70% of the total
carbon dioxide 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 dioxide 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 brownfield facility" means a facility that
(1) has commenced construction by July 1, 2015 on an urban
brownfield site in a municipality with at least 1,000,000
residents; (2) uses a gasification process to produce
substitute natural gas; (3) uses coal as at least 50% of the
total feedstock over the term of any sourcing agreement with a
utility and the remainder of the feedstock may be either
petroleum coke or coal, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per

million Btu content unless the facility reasonably determines
that it is necessary to use additional petroleum coke to
deliver additional consumer savings, in which case the facility
shall use coal for at least 35% of the total feedstock over the
term of any sourcing agreement; and (4) captures and sequesters
at least 85% of the total carbon dioxide emissions that the
facility would otherwise emit.
"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 dioxide emissions
that the facility would otherwise emit, that uses at least 90%
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, and that has a valid and effective permit
to construct emission sources and air pollution control
equipment and approval with respect to the federal regulations
for Prevention of Significant Deterioration of Air Quality
(PSD) for the plant pursuant to the federal Clean Air Act;
provided, however, a clean coal SNG brownfield facility shall
not be a clean coal SNG facility.
"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,
fixtures, and improvements in connection therewith and
equipment, personal property, 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, contingency, as
required by lenders, 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 starting up,
commissioning, and placing that project 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.
"Distributed renewable energy generation device" means a
device that is:
(1) powered by wind, solar thermal energy,
photovoltaic cells and panels, biodiesel, crops and
untreated and unadulterated organic waste biomass, tree
waste, and hydropower that does not involve new
construction or significant expansion of hydropower dams;
(2) interconnected at the distribution system level of
either an electric utility as defined in this Section, an
alternative retail electric supplier as defined in Section
16-102 of the Public Utilities Act, a municipal utility as
defined in Section 3-105 of the Public Utilities Act, or a
rural electric cooperative as defined in Section 3-119 of
the Public Utilities Act;
(3) located on the customer side of the customer's
electric meter and is primarily used to offset that
customer's electricity load; and
(4) limited in nameplate capacity to no more than 2,000
kilowatts.
"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 Article VII of the
Illinois Constitution.
"Municipality" means a city, village, or incorporated
town.
"Person" means any natural person, firm, partnership,
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, anaerobic digestion, 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 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,
regardless of whether these activities are conducted by a clean
coal facility, a clean coal SNG facility, a clean coal SNG
brownfield facility, or a party with which a clean coal
facility, or clean coal SNG facility, or clean coal SNG
brownfield facility has contracted for such purposes.
"Sourcing 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, (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, and (iii) in case of a gas utility,
an agreement between the owner of a clean coal SNG brownfield
facility and the gas utility, which agreement shall have the
terms and conditions meeting the requirements of subsection
(h-1) of Section 9-220 of the Public Utilities Act.
"Substitute natural gas" or "SNG" means a gas manufactured
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. 96-33, eff. 7-10-09; 96-159, eff. 8-10-09;
96-784, eff. 8-28-09; 96-1000, eff. 7-2-10; 97-96, eff.
7-13-11; 97-239, eff. 8-2-11; 97-491, eff. 8-22-11; 97-616,
eff. 10-26-11; revised 11-10-11.)
(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 and for small multi-jurisdictional
electric utilities that (A) on December 31, 2005 served
less than 100,000 customers in Illinois and (B) request a
procurement plan for their Illinois jurisdictional load.
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
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
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, including personal
service contracts, or with any 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
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.
(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
accomplish the Agency's purposes, including hiring
employees that the Director deems essential for the
operations of the Agency.
(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 conduct competitive gasification feedstock
procurement processes to procure the feedstocks for the
clean coal SNG brownfield facility in accordance with the
requirements of Section 1-78 of this Act.
(26) To review, revise, and approve sourcing
agreements and mediate and resolve disputes between gas
utilities and the clean coal SNG brownfield facility
pursuant to subsection (h-1) of Section 9-220 of the Public
Utilities Act.
(Source: P.A. 96-784, eff. 8-28-09; 96-1000, eff. 7-2-10;
97-96, eff. 7-13-11; 97-325, eff. 8-12-11; 97-618, eff.
10-26-11; revised 11-10-11.)
(20 ILCS 3855/1-75)

Sec. 1-75. Planning and Procurement Bureau. The Planning
and Procurement Bureau has the following duties and
responsibilities:
(a) The Planning and Procurement Bureau shall each year,
beginning in 2008, develop procurement plans and conduct
competitive procurement processes in accordance with the
requirements of Section 16-111.5 of the Public Utilities Act
for the eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least 100,000
customers in Illinois. The Planning and Procurement Bureau
shall also develop procurement plans and conduct competitive
procurement processes in accordance with the requirements of
Section 16-111.5 of the Public Utilities Act for the eligible
retail customers of small multi-jurisdictional electric
utilities that (i) on December 31, 2005 served less than
100,000 customers in Illinois and (ii) request a procurement
plan for their Illinois jurisdictional load. This Section shall
not apply to a small multi-jurisdictional utility until such
time as a small multi-jurisdictional utility requests the
Agency to prepare a procurement plan for their Illinois
jurisdictional load. For the purposes of this Section, the term
"eligible retail customers" has the same definition as found in
Section 16-111.5(a) of the Public Utilities Act.
(1) The Agency shall each year, beginning in 2008, as
needed, issue a request for qualifications for experts or
expert consulting firms to develop the procurement plans in

accordance with Section 16-111.5 of the Public Utilities
Act. In order to qualify an expert or expert consulting
firm must have:
(A) direct previous experience assembling
large-scale power supply plans or portfolios for
end-use customers;
(B) an advanced degree in economics, mathematics,
engineering, risk management, or a related area of
study;
(C) 10 years of experience in the electricity
sector, including managing supply risk;
(D) expertise in wholesale electricity market
rules, including those established by the Federal
Energy Regulatory Commission and regional transmission
organizations;
(E) expertise in credit protocols and familiarity
with contract protocols;
(F) adequate resources to perform and fulfill the
required functions and responsibilities; and
(G) the absence of a conflict of interest and
inappropriate bias for or against potential bidders or
the affected electric utilities.
(2) The Agency shall each year, as needed, issue a
request for qualifications for a procurement administrator
to conduct the competitive procurement processes in
accordance with Section 16-111.5 of the Public Utilities

Act. In order to qualify an expert or expert consulting
firm must have:
(A) direct previous experience administering a
large-scale competitive procurement process;
(B) an advanced degree in economics, mathematics,
engineering, or a related area of study;
(C) 10 years of experience in the electricity
sector, including risk management experience;
(D) expertise in wholesale electricity market
rules, including those established by the Federal
Energy Regulatory Commission and regional transmission
organizations;
(E) expertise in credit and contract protocols;
(F) adequate resources to perform and fulfill the
required functions and responsibilities; and
(G) the absence of a conflict of interest and
inappropriate bias for or against potential bidders or
the affected electric utilities.
(3) The Agency shall provide affected utilities and
other interested parties with the lists of qualified
experts or expert consulting firms identified through the
request for qualifications processes that are under
consideration to develop the procurement plans and to serve
as the procurement administrator. The Agency shall also
provide each qualified expert's or expert consulting
firm's response to the request for qualifications. All

information provided under this subparagraph shall also be
provided to the Commission. The Agency may provide by rule
for fees associated with supplying the information to
utilities and other interested parties. These parties
shall, within 5 business days, notify the Agency in writing
if they object to any experts or expert consulting firms on
the lists. Objections shall be based on:
(A) failure to satisfy qualification criteria;
(B) identification of a conflict of interest; or
(C) evidence of inappropriate bias for or against
potential bidders or the affected utilities.
The Agency shall remove experts or expert consulting
firms from the lists within 10 days if there is a
reasonable basis for an objection and provide the updated
lists to the affected utilities and other interested
parties. If the Agency fails to remove an expert or expert
consulting firm from a list, an objecting party may seek
review by the Commission within 5 days thereafter by filing
a petition, and the Commission shall render a ruling on the
petition within 10 days. There is no right of appeal of the
Commission's ruling.
(4) The Agency shall issue requests for proposals to
the qualified experts or expert consulting firms to develop
a procurement plan for the affected utilities and to serve
as procurement administrator.
(5) The Agency shall select an expert or expert

consulting firm to develop procurement plans based on the
proposals submitted and shall award contracts of up to 5
years to those selected.
(6) The Agency shall select an expert or expert
consulting firm, with approval of the Commission, to serve
as procurement administrator based on the proposals
submitted. If the Commission rejects, within 5 days, the
Agency's selection, the Agency shall submit another
recommendation within 3 days based on the proposals
submitted. The Agency shall award a 5-year contract to the
expert or expert consulting firm so selected with
Commission approval.
(b) The experts or expert consulting firms retained by the
Agency shall, as appropriate, prepare procurement plans, and
conduct a competitive procurement process as prescribed in
Section 16-111.5 of the Public Utilities Act, 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
eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least 100,000
customers in the State of Illinois, and for eligible Illinois
retail customers of small multi-jurisdictional electric
utilities that (i) on December 31, 2005 served less than
100,000 customers in Illinois and (ii) request a procurement
plan for their Illinois jurisdictional load.

(c) Renewable portfolio standard.
(1) The procurement plans shall include cost-effective
renewable energy resources. A minimum percentage of each
utility's total supply to serve the load of eligible retail
customers, as defined in Section 16-111.5(a) of the Public
Utilities Act, procured for each of the following years
shall be generated from cost-effective renewable energy
resources: at least 2% by June 1, 2008; at least 4% by June
1, 2009; at least 5% by June 1, 2010; at least 6% by June 1,
2011; at least 7% by June 1, 2012; at least 8% by June 1,
2013; at least 9% by June 1, 2014; at least 10% by June 1,
2015; and increasing by at least 1.5% each year thereafter
to at least 25% by June 1, 2025. To the extent that it is
available, at least 75% of the renewable energy resources
used to meet these standards shall come from wind
generation and, beginning on June 1, 2011, at least the
following percentages of the renewable energy resources
used to meet these standards shall come from photovoltaics
on the following schedule: 0.5% by June 1, 2012, 1.5% by
June 1, 2013; 3% by June 1, 2014; and 6% by June 1, 2015 and
thereafter. Of the renewable energy resources procured
pursuant to this Section, at least the following
percentages shall come from distributed renewable energy
generation devices: 0.5% by June 1, 2013, 0.75% by June 1,
2014, and 1% by June 1, 2015 and thereafter. To the extent
available, half of the renewable energy resources procured

from distributed renewable energy generation shall come
from devices of less than 25 kilowatts in nameplate
capacity. Renewable energy resources procured from
distributed generation devices may also count towards the
required percentages for wind and solar photovoltaics.
Procurement of renewable energy resources from distributed
renewable energy generation devices shall be done on an
annual basis through multi-year contracts of no less than 5
years, and shall consist solely of renewable energy
credits.
The Agency shall create credit requirements for
suppliers of distributed renewable energy. In order to
minimize the administrative burden on contracting
entities, the Agency shall solicit the use of third-party
organizations to aggregate distributed renewable energy
into groups of no less than one megawatt in installed
capacity. These third-party organizations shall administer
contracts with individual distributed renewable energy
generation device owners. An individual distributed
renewable energy generation device owner shall have the
ability to measure the output of his or her distributed
renewable energy generation device.
For purposes of this subsection (c), "cost-effective"
means that the costs of procuring renewable energy
resources do not cause the limit stated in paragraph (2) of
this subsection (c) to be exceeded and do not exceed

benchmarks based on market prices for renewable energy
resources in the region, which shall be developed by the
procurement administrator, in consultation with the
Commission staff, Agency staff, and the procurement
monitor and shall be subject to Commission review and
approval.
(2) For purposes of this subsection (c), the required
procurement of cost-effective renewable energy resources
for a particular year shall be measured as a percentage of
the actual amount of electricity (megawatt-hours) supplied
by the electric utility to eligible retail customers in the
planning year ending immediately prior to the procurement.
For purposes of this subsection (c), the amount paid per
kilowatthour means the total amount paid for electric
service expressed on a per kilowatthour basis. For purposes
of this subsection (c), the total amount paid for electric
service includes without limitation amounts paid for
supply, transmission, distribution, surcharges, and add-on
taxes.
Notwithstanding the requirements of this subsection
(c), the total of renewable energy resources procured
pursuant to the procurement plan for any single year shall
be reduced by an amount necessary to limit the annual
estimated average net increase due to the costs of these
resources included in the amounts paid by eligible retail
customers in connection with electric service to:

(A) in 2008, no more than 0.5% of the amount paid
per kilowatthour by those customers during the year
ending May 31, 2007;
(B) 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;
(C) 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 kilowatthour by those customers during
the year ending May 31, 2007;
(D) 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
(E) thereafter, the amount of renewable energy
resources procured pursuant to the procurement plan
for any single year shall be reduced by an amount
necessary to limit the estimated average net increase
due to the cost of these resources 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 resources in 2011.
No later than June 30, 2011, the Commission shall
review the limitation on the amount of renewable energy
resources procured pursuant to this subsection (c) and
report to the General Assembly its findings as to
whether that limitation unduly constrains the
procurement of cost-effective renewable energy
resources.
(3) Through June 1, 2011, renewable energy resources
shall be counted for the purpose of meeting the renewable
energy standards set forth in paragraph (1) of this
subsection (c) only if they are generated from facilities
located in the State, provided that cost-effective
renewable energy resources are available from those
facilities. If those cost-effective resources are not
available in Illinois, they shall be procured in states
that adjoin Illinois and may be counted towards compliance.
If those cost-effective resources are not available in
Illinois or in states that adjoin Illinois, they shall be
purchased elsewhere and shall be counted towards
compliance. After June 1, 2011, cost-effective renewable
energy resources located in Illinois and in states that
adjoin Illinois may be counted towards compliance with the
standards set forth in paragraph (1) of this subsection

(c). If those cost-effective resources are not available in
Illinois or in states that adjoin Illinois, they shall be
purchased elsewhere and shall be counted towards
compliance.
(4) The electric utility shall retire all renewable
energy credits used to comply with the standard.
(5) Beginning with the year commencing June 1, 2010, an
electric utility subject to this subsection (c) shall apply
the lesser of the maximum alternative compliance payment
rate or the most recent estimated alternative compliance
payment rate for its service territory for the
corresponding compliance period, established pursuant to
subsection (d) of Section 16-115D of the Public Utilities
Act to its retail customers that take service pursuant to
the electric utility's hourly pricing tariff or tariffs.
The electric utility shall retain all amounts collected as
a result of the application of the alternative compliance
payment rate or rates to such customers, and, beginning in
2011, the utility shall include in the information provided
under item (1) of subsection (d) of Section 16-111.5 of the
Public Utilities Act the amounts collected under the
alternative compliance payment rate or rates for the prior
year ending May 31. Notwithstanding any limitation on the
procurement of renewable energy resources imposed by item
(2) of this subsection (c), the Agency shall increase its
spending on the purchase of renewable energy resources to

be procured by the electric utility for the next plan year
by an amount equal to the amounts collected by the utility
under the alternative compliance payment rate or rates in
the prior year ending May 31.
(d) Clean coal portfolio standard.
(1) The procurement plans shall include electricity
generated using clean coal. Each utility shall enter into
one or more sourcing agreements with the initial clean coal
facility, as provided in paragraph (3) of this subsection
(d), covering electricity generated by the initial clean
coal facility representing at least 5% of each utility's
total supply to serve the load of eligible retail customers
in 2015 and each year thereafter, as described in paragraph
(3) of this subsection (d), subject to the limits specified
in paragraph (2) of this subsection (d). It is the goal of
the State that by January 1, 2025, 25% of the electricity
used in the State shall be generated by cost-effective
clean coal facilities. For purposes of this subsection (d),
"cost-effective" means that the expenditures pursuant to
such sourcing agreements do not cause the limit stated in
paragraph (2) of this subsection (d) to be exceeded and do
not exceed cost-based benchmarks, which shall be developed
to assess all expenditures pursuant to such sourcing
agreements covering electricity generated by clean coal
facilities, other than the initial clean coal facility, by
the procurement administrator, in consultation with the

Commission staff, Agency staff, and the procurement
monitor and shall be subject to Commission review and
approval.
A utility party to a sourcing agreement shall
immediately retire any emission credits that it receives in
connection with the electricity covered by such agreement.
Utilities shall maintain adequate records documenting
the purchases under the sourcing agreement to comply with
this subsection (d) and shall file an accounting with the
load forecast that must be filed with the Agency by July 15
of each year, in accordance with subsection (d) of Section
16-111.5 of the Public Utilities Act.
A utility shall be deemed to have complied with the
clean coal portfolio standard specified in this subsection
(d) if the utility enters into a sourcing agreement as
required by this subsection (d).
(2) For purposes of this subsection (d), the required
execution of sourcing agreements with the initial clean
coal facility for a particular year shall be measured as a
percentage of the actual amount of electricity
(megawatt-hours) supplied by the electric utility to
eligible retail customers in the planning year ending
immediately prior to the agreement's execution. For
purposes of this subsection (d), the amount paid per
kilowatthour means the total amount paid for electric
service expressed on a per kilowatthour basis. For purposes

of this subsection (d), the total amount paid for electric
service includes without limitation amounts paid for
supply, transmission, distribution, surcharges and add-on
taxes.
Notwithstanding the requirements of this subsection
(d), the total amount paid under sourcing agreements with
clean coal facilities pursuant to the procurement plan for
any given year shall be reduced by an amount necessary to
limit the annual estimated average net increase due to the
costs of these resources included in the amounts paid by
eligible retail customers in connection with electric
service to:
(A) in 2010, no more than 0.5% of the amount paid
per kilowatthour by those customers during the year
ending May 31, 2009;
(B) 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 1% of the amount
paid per kilowatthour by those customers during the
year ending May 31, 2009;
(C) in 2012, the greater of an additional 0.5% of
the amount paid per kilowatthour by those customers
during the year ending May 31, 2011 or 1.5% of the
amount paid per kilowatthour by those customers during
the year ending May 31, 2009;
(D) in 2013, the greater of an additional 0.5% of

the amount paid per kilowatthour by those customers
during the year ending May 31, 2012 or 2% of the amount
paid per kilowatthour by those customers during the
year ending May 31, 2009; and
(E) thereafter, the total amount paid under
sourcing agreements with clean coal facilities
pursuant to the procurement plan for any single year
shall be reduced by an amount necessary to limit the
estimated average net increase due to the cost of these
resources included in the amounts paid by eligible
retail customers in connection with electric service
to no more than the greater of (i) 2.015% of the amount
paid per kilowatthour by those customers during the
year ending May 31, 2009 or (ii) the incremental amount
per kilowatthour paid for these resources in 2013.
These requirements may be altered only as provided by
statute.
No later than June 30, 2015, the Commission shall
review the limitation on the total amount paid under
sourcing agreements, if any, with clean coal facilities
pursuant to this subsection (d) and report to the General
Assembly its findings as to whether that limitation unduly
constrains the amount of electricity generated by
cost-effective clean coal facilities that is covered by
sourcing agreements.
(3) Initial clean coal facility. In order to promote

development of clean coal facilities in Illinois, each
electric utility subject to this Section shall execute a
sourcing agreement to source electricity from a proposed
clean coal facility in Illinois (the "initial clean coal
facility") that will have a nameplate capacity of at least
500 MW when commercial operation commences, that has a
final Clean Air Act permit on the effective date of this
amendatory Act of the 95th General Assembly, and that will
meet the definition of clean coal facility in Section 1-10
of this Act when commercial operation commences. The
sourcing agreements with this initial clean coal facility
shall be subject to both approval of the initial clean coal
facility by the General Assembly and satisfaction of the
requirements of paragraph (4) of this subsection (d) and
shall be executed within 90 days after any such approval by
the General Assembly. The Agency and the Commission shall
have authority to inspect all books and records associated
with the initial clean coal facility during the term of
such a sourcing agreement. A utility's sourcing agreement
for electricity produced by the initial clean coal facility
shall include:
(A) a formula contractual price (the "contract
price") approved pursuant to paragraph (4) of this
subsection (d), which shall:
(i) be determined using a cost of service
methodology employing either a level or deferred

capital recovery component, based on a capital
structure consisting of 45% equity and 55% debt,
and a return on equity as may be approved by the
Federal Energy Regulatory Commission, which in any
case may not exceed the lower of 11.5% or the rate
of return approved by the General Assembly
pursuant to paragraph (4) of this subsection (d);
and
(ii) provide that all miscellaneous net
revenue, including but not limited to net revenue
from the sale of emission allowances, if any,
substitute natural gas, if any, grants or other
support provided by the State of Illinois or the
United States Government, firm transmission
rights, if any, by-products produced by the
facility, energy or capacity derived from the
facility and not covered by a sourcing agreement
pursuant to paragraph (3) of this subsection (d) or
item (5) of subsection (d) of Section 16-115 of the
Public Utilities Act, whether generated from the
synthesis gas derived from coal, from SNG, or from
natural gas, shall be credited against the revenue
requirement for this initial clean coal facility;
(B) power purchase provisions, which shall:
(i) provide that the utility party to such
sourcing agreement shall pay the contract price

for electricity delivered under such sourcing
agreement;
(ii) require delivery of electricity to the
regional transmission organization market of the
utility that is party to such sourcing agreement;
(iii) require the utility party to such
sourcing agreement to buy from the initial clean
coal facility in each hour an amount of energy
equal to all clean coal energy made available from
the initial clean coal facility during such hour
times a fraction, the numerator of which is such
utility's retail market sales of electricity
(expressed in kilowatthours sold) in the State
during the prior calendar month and the
denominator of which is the total retail market
sales of electricity (expressed in kilowatthours
sold) in the State by utilities during such prior
month and the sales of electricity (expressed in
kilowatthours sold) in the State by alternative
retail electric suppliers during such prior month
that are subject to the requirements of this
subsection (d) and paragraph (5) of subsection (d)
of Section 16-115 of the Public Utilities Act,
provided that the amount purchased by the utility
in any year will be limited by paragraph (2) of
this subsection (d); and

(iv) be considered pre-existing contracts in
such utility's procurement plans for eligible
retail customers;
(C) contract for differences provisions, which
shall:
(i) require the utility party to such sourcing
agreement to contract with the initial clean coal
facility in each hour with respect to an amount of
energy equal to all clean coal energy made
available from the initial clean coal facility
during such hour times a fraction, the numerator of
which is such utility's retail market sales of
electricity (expressed in kilowatthours sold) in
the utility's service territory in the State
during the prior calendar month and the
denominator of which is the total retail market
sales of electricity (expressed in kilowatthours
sold) in the State by utilities during such prior
month and the sales of electricity (expressed in
kilowatthours sold) in the State by alternative
retail electric suppliers during such prior month
that are subject to the requirements of this
subsection (d) and paragraph (5) of subsection (d)
of Section 16-115 of the Public Utilities Act,
provided that the amount paid by the utility in any
year will be limited by paragraph (2) of this

subsection (d);
(ii) provide that the utility's payment
obligation in respect of the quantity of
electricity determined pursuant to the preceding
clause (i) shall be limited to an amount equal to
(1) the difference between the contract price
determined pursuant to subparagraph (A) of
paragraph (3) of this subsection (d) and the
day-ahead price for electricity delivered to the
regional transmission organization market of the
utility that is party to such sourcing agreement
(or any successor delivery point at which such
utility's supply obligations are financially
settled on an hourly basis) (the "reference
price") on the day preceding the day on which the
electricity is delivered to the initial clean coal
facility busbar, multiplied by (2) the quantity of
electricity determined pursuant to the preceding
clause (i); and
(iii) not require the utility to take physical
delivery of the electricity produced by the
facility;
(D) general provisions, which shall:
(i) specify a term of no more than 30 years,
commencing on the commercial operation date of the
facility;

(ii) provide that utilities shall maintain
adequate records documenting purchases under the
sourcing agreements entered into to comply with
this subsection (d) and shall file an accounting
with the load forecast that must be filed with the
Agency by July 15 of each year, in accordance with
subsection (d) of Section 16-111.5 of the Public
Utilities Act.
(iii) provide that all costs associated with
the initial clean coal facility will be
periodically reported to the Federal Energy
Regulatory Commission and to purchasers in
accordance with applicable laws governing
cost-based wholesale power contracts;
(iv) permit the Illinois Power Agency to
assume ownership of the initial clean coal
facility, without monetary consideration and
otherwise on reasonable terms acceptable to the
Agency, if the Agency so requests no less than 3
years prior to the end of the stated contract term;
(v) require the owner of the initial clean coal
facility to provide documentation to the
Commission each year, starting in the facility's
first year of commercial operation, accurately
reporting the quantity of carbon emissions from
the facility that have been captured and

sequestered and report any quantities of carbon
released from the site or sites at which carbon
emissions were sequestered in prior years, based
on continuous monitoring of such sites. If, in any
year after the first year of commercial operation,
the owner of the facility fails to demonstrate that
the initial clean coal facility captured and
sequestered at least 50% of the total carbon
emissions that the facility would otherwise emit
or that sequestration of emissions from prior
years has failed, resulting in the release of
carbon dioxide into the atmosphere, the owner of
the facility must offset excess emissions. Any
such carbon offsets must be permanent, additional,
verifiable, real, located within the State of
Illinois, and legally and practicably enforceable.
The cost of such offsets for the facility that are
not recoverable shall not exceed $15 million in any
given year. No costs of any such purchases of
carbon offsets may be recovered from a utility or
its customers. All carbon offsets purchased for
this purpose and any carbon emission credits
associated with sequestration of carbon from the
facility must be permanently retired. The initial
clean coal facility shall not forfeit its
designation as a clean coal facility if the

facility fails to fully comply with the applicable
carbon sequestration requirements in any given
year, provided the requisite offsets are
purchased. However, the Attorney General, on
behalf of the People of the State of Illinois, may
specifically enforce the facility's sequestration
requirement and the other terms of this contract
provision. Compliance with the sequestration
requirements and offset purchase requirements
specified in paragraph (3) of this subsection (d)
shall be reviewed annually by an independent
expert retained by the owner of the initial clean
coal facility, with the advance written approval
of the Attorney General. The Commission may, in the
course of the review specified in item (vii),
reduce the allowable return on equity for the
facility if the facility wilfully fails to comply
with the carbon capture and sequestration
requirements set forth in this item (v);
(vi) include limits on, and accordingly
provide for modification of, the amount the
utility is required to source under the sourcing
agreement consistent with paragraph (2) of this
subsection (d);
(vii) require Commission review: (1) to
determine the justness, reasonableness, and

prudence of the inputs to the formula referenced in
subparagraphs (A)(i) through (A)(iii) of paragraph
(3) of this subsection (d), prior to an adjustment
in those inputs including, without limitation, the
capital structure and return on equity, fuel
costs, and other operations and maintenance costs
and (2) to approve the costs to be passed through
to customers under the sourcing agreement by which
the utility satisfies its statutory obligations.
Commission review shall occur no less than every 3
years, regardless of whether any adjustments have
been proposed, and shall be completed within 9
months;
(viii) limit the utility's obligation to such
amount as the utility is allowed to recover through
tariffs filed with the Commission, provided that
neither the clean coal facility nor the utility
waives any right to assert federal pre-emption or
any other argument in response to a purported
disallowance of recovery costs;
(ix) limit the utility's or alternative retail
electric supplier's obligation to incur any
liability until such time as the facility is in
commercial operation and generating power and
energy and such power and energy is being delivered
to the facility busbar;

(x) provide that the owner or owners of the
initial clean coal facility, which is the
counterparty to such sourcing agreement, shall
have the right from time to time to elect whether
the obligations of the utility party thereto shall
be governed by the power purchase provisions or the
contract for differences provisions;
(xi) append documentation showing that the
formula rate and contract, insofar as they relate
to the power purchase provisions, have been
approved by the Federal Energy Regulatory
Commission pursuant to Section 205 of the Federal
Power Act;
(xii) provide that any changes to the terms of
the contract, insofar as such changes relate to the
power purchase provisions, are subject to review
under the public interest standard applied by the
Federal Energy Regulatory Commission pursuant to
Sections 205 and 206 of the Federal Power Act; and
(xiii) conform with customary lender
requirements in power purchase agreements used as
the basis for financing non-utility generators.
(4) Effective date of sourcing agreements with the
initial clean coal facility.
Any proposed sourcing agreement with the initial clean
coal facility shall not become effective unless the

following reports are prepared and submitted and
authorizations and approvals obtained:
(i) Facility cost report. The owner of the initial
clean coal facility shall submit to the Commission, the
Agency, and the General Assembly a front-end
engineering and design study, a facility cost report,
method of financing (including but not limited to
structure and associated costs), and an operating and
maintenance cost quote for the facility (collectively
"facility cost report"), which shall be prepared in
accordance with the requirements of this paragraph (4)
of subsection (d) of this Section, and shall provide
the Commission and the Agency access to the work
papers, relied upon documents, and any other backup
documentation related to the facility cost report.
(ii) Commission report. Within 6 months following
receipt of the facility cost report, the Commission, in
consultation with the Agency, shall submit a report to
the General Assembly setting forth its analysis of the
facility cost report. Such report shall include, but
not be limited to, a comparison of the costs associated
with electricity generated by the initial clean coal
facility to the costs associated with electricity
generated by other types of generation facilities, an
analysis of the rate impacts on residential and small
business customers over the life of the sourcing

agreements, and an analysis of the likelihood that the
initial clean coal facility will commence commercial
operation by and be delivering power to the facility's
busbar by 2016. To assist in the preparation of its
report, the Commission, in consultation with the
Agency, may hire one or more experts or consultants,
the costs of which shall be paid for by the owner of
the initial clean coal facility. The Commission and
Agency may begin the process of selecting such experts
or consultants prior to receipt of the facility cost
report.
(iii) General Assembly approval. The proposed
sourcing agreements shall not take effect unless,
based on the facility cost report and the Commission's
report, the General Assembly enacts authorizing
legislation approving (A) the projected price, stated
in cents per kilowatthour, to be charged for
electricity generated by the initial clean coal
facility, (B) the projected impact on residential and
small business customers' bills over the life of the
sourcing agreements, and (C) the maximum allowable
return on equity for the project; and
(iv) Commission review. If the General Assembly
enacts authorizing legislation pursuant to
subparagraph (iii) approving a sourcing agreement, the
Commission shall, within 90 days of such enactment,

complete a review of such sourcing agreement. During
such time period, the Commission shall implement any
directive of the General Assembly, resolve any
disputes between the parties to the sourcing agreement
concerning the terms of such agreement, approve the
form of such agreement, and issue an order finding that
the sourcing agreement is prudent and reasonable.
The facility cost report shall be prepared as follows:
(A) The facility cost report shall be prepared by
duly licensed engineering and construction firms
detailing the estimated capital costs payable to one or
more contractors or suppliers for the engineering,
procurement and construction of the components
comprising the initial clean coal facility and the
estimated costs of operation and maintenance of the
facility. The facility cost report shall include:
(i) an estimate of the capital cost of the core
plant based on one or more front end engineering
and design studies for the gasification island and
related facilities. The core plant shall include
all civil, structural, mechanical, electrical,
control, and safety systems.
(ii) an estimate of the capital cost of the
balance of the plant, including any capital costs
associated with sequestration of carbon dioxide
emissions and all interconnects and interfaces

required to operate the facility, such as
transmission of electricity, 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 quoted construction costs shall be expressed
in nominal dollars as of the date that the quote is
prepared and shall include capitalized financing costs
during construction, taxes, insurance, and other
owner's costs, and an assumed escalation in materials
and labor beyond the date as of which the construction
cost quote is expressed.
(B) The front end engineering and design study for
the gasification island and the cost study for the
balance of 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 clean coal facility.
(C) The facility cost report shall also include an
operating and maintenance cost quote that will provide
the estimated cost of delivered fuel, personnel,
maintenance contracts, chemicals, catalysts,
consumables, spares, and other fixed and variable

operations and maintenance costs. The delivered fuel
cost estimate will be provided by a recognized third
party expert or experts in the fuel and transportation
industries. The balance of the operating and
maintenance cost quote, excluding delivered fuel
costs, will be developed based on the inputs provided
by duly licensed engineering and construction firms
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
(including the cost of the front end engineering and
design study) shall be expressed in nominal dollars as
of the date that the quote is prepared and shall
include taxes, insurance, and other owner's costs, and
an assumed escalation in materials and labor beyond the
date as of which the operating and maintenance cost
quote is expressed.
(D) The facility cost report shall also include an
analysis of the initial clean coal facility's ability
to deliver power and energy into the applicable
regional transmission organization markets and an
analysis of the expected capacity factor for the
initial clean coal facility.
(E) Amounts paid to third parties unrelated to the

owner or owners of the initial clean coal facility to
prepare the core plant construction cost quote,
including the front end engineering and design study,
and the operating and maintenance cost quote will be
reimbursed through Coal Development Bonds.
(5) Re-powering and retrofitting coal-fired power
plants previously owned by Illinois utilities to qualify as
clean coal facilities. During the 2009 procurement
planning process and thereafter, the Agency and the
Commission shall consider sourcing agreements covering
electricity generated by power plants that were previously
owned by Illinois utilities and that have been or will be
converted into clean coal facilities, as defined by Section
1-10 of this Act. Pursuant to such procurement planning
process, the owners of such facilities may propose to the
Agency sourcing agreements with utilities and alternative
retail electric suppliers required to comply with
subsection (d) of this Section and item (5) of subsection
(d) of Section 16-115 of the Public Utilities Act, covering
electricity generated by such facilities. In the case of
sourcing agreements that are power purchase agreements,
the contract price for electricity sales shall be
established on a cost of service basis. In the case of
sourcing agreements that are contracts for differences,
the contract price from which the reference price is
subtracted shall be established on a cost of service basis.

The Agency and the Commission may approve any such utility
sourcing agreements that do not exceed cost-based
benchmarks developed by the procurement administrator, in
consultation with the Commission staff, Agency staff and
the procurement monitor, subject to Commission review and
approval. The Commission shall have authority to inspect
all books and records associated with these clean coal
facilities during the term of any such contract.
(6) Costs incurred under this subsection (d) or
pursuant to a contract entered into under this subsection
(d) shall be deemed prudently incurred and reasonable in
amount and the electric utility shall be entitled to full
cost recovery pursuant to the tariffs filed with the
Commission.
(e) The draft procurement plans are subject to public
comment, as required by Section 16-111.5 of the Public
Utilities Act.
(f) The Agency shall submit the final procurement plan to
the Commission. The Agency shall revise a procurement plan if
the Commission determines that it does not meet the standards
set forth in Section 16-111.5 of the Public Utilities Act.
(g) The Agency shall assess fees to each affected utility
to recover the costs incurred in preparation of the annual
procurement plan for the utility.
(h) The Agency shall assess fees to each bidder to recover
the costs incurred in connection with a competitive procurement

process.
(Source: P.A. 96-159, eff. 8-10-09; 96-1437, eff. 8-17-10;
97-325, eff. 8-12-11; 97-616, eff. 10-26-11; 97-618, eff.
10-26-11; revised 11-10-11.)
Section 115. The Illinois Health Facilities Planning Act is
amended by changing Sections 3, 12, 13, and 14.1 as follows:
(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
(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
licensed under the Nursing Home Care Act;
3.5. Skilled and intermediate care facilities licensed
under the ID/DD Community Care Act;
3.7. Facilities licensed under the Specialized Mental
Health Rehabilitation 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
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
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,
the Specialized Mental Health Rehabilitation Act, or the ID/DD
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
healthcare facility that is licensed under the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act, or
the ID/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.
"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
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
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
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
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
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.
(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-277, eff. 1-1-12;
revised 9-7-11.)
(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
(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
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 ID/DD Community Care Act, facilities licensed under
the Specialized Mental Health Rehabilitation 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
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
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), 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;
(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
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
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
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;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
revised 9-7-11.)
(20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
(Section scheduled to be repealed on December 31, 2019)
Sec. 13. Investigation of applications for permits and
certificates of recognition. The Agency or the State Board
shall make or cause to be made such investigations as it or the
State Board deems necessary in connection with an application
for a permit or an application for a certificate of
recognition, or in connection with a determination of whether

or not construction or modification which has been commenced is
in accord with the permit issued by the State Board or whether
construction or modification has been commenced without a
permit having been obtained. The State Board may issue
subpoenas duces tecum requiring the production of records and
may administer oaths to such witnesses.
Any circuit court of this State, upon the application of
the State Board or upon the application of any party to such
proceedings, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the State Board,
by a proceeding as for contempt, or otherwise, in the same
manner as production of evidence may be compelled before the
court.
The State Board shall require all health facilities
operating in this State to provide such reasonable reports at
such times and containing such information as is needed by it
to carry out the purposes and provisions of this Act. Prior to
collecting information from health facilities, the State Board
shall make reasonable efforts through a public process to
consult with health facilities and associations that represent
them to determine whether data and information requests will
result in useful information for health planning, whether
sufficient information is available from other sources, and
whether data requested is routinely collected by health
facilities and is available without retrospective record

review. Data and information requests shall not impose undue
paperwork burdens on health care facilities and personnel.
Health facilities not complying with this requirement shall be
reported to licensing, accrediting, certifying, or payment
agencies as being in violation of State law. Health care
facilities and other parties at interest shall have reasonable
access, under rules established by the State Board, to all
planning information submitted in accord with this Act
pertaining to their area.
Among the reports to be required by the State Board are
facility questionnaires for health care facilities licensed
under the Ambulatory Surgical Treatment Center Act, the
Hospital Licensing Act, the Nursing Home Care Act, the ID/DD
Community Care Act, the Specialized Mental Health
Rehabilitation Act, or the End Stage Renal Disease Facility
Act. These questionnaires shall be conducted on an annual basis
and compiled by the Agency. For health care facilities licensed
under the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act, these
reports shall include, but not be limited to, the
identification of specialty services provided by the facility
to patients, residents, and the community at large. For health
care facilities that contain long term care beds, the reports
shall also include the number of staffed long term care beds,
physical capacity for long term care beds at the facility, and
long term care beds available for immediate occupancy. For

purposes of this paragraph, "long term care beds" means beds
(i) licensed under the Nursing Home Care Act, (ii) licensed
under the ID/DD Community Care Act, (iii) licensed under the
Hospital Licensing Act, or (iv) licensed under the Specialized
Mental Health Rehabilitation Act and certified as skilled
nursing or nursing facility beds under Medicaid or Medicare.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-7-11.)
(20 ILCS 3960/14.1)
Sec. 14.1. Denial of permit; other sanctions.
(a) The State Board may deny an application for a permit or
may revoke or take other action as permitted by this Act with
regard to a permit as the State Board deems appropriate,
including the imposition of fines as set forth in this Section,
for any one or a combination of the following:
(1) The acquisition of major medical equipment without
a permit or in violation of the terms of a permit.
(2) The establishment, construction, or modification
of a health care facility without a permit or in violation
of the terms of a permit.
(3) The violation of any provision of this Act or any
rule adopted under this Act.
(4) The failure, by any person subject to this Act, to
provide information requested by the State Board or Agency
within 30 days after a formal written request for the

information.
(5) The failure to pay any fine imposed under this
Section within 30 days of its imposition.
(a-5) For facilities licensed under the ID/DD Community
Care Act, no permit shall be denied on the basis of prior
operator history, other than for actions specified under item
(2), (4), or (5) of Section 3-117 of the ID/DD Community Care
Act. For facilities licensed under the Specialized Mental
Health Rehabilitation Act, no permit shall be denied on the
basis of prior operator history, other than for actions
specified under item (2), (4), or (5) of Section 3-117 of the
Specialized Mental Health Rehabilitation Act. For facilities
licensed under the Nursing Home Care Act, no permit shall be
denied on the basis of prior operator history, other than for:
(i) actions specified under item (2), (3), (4), (5), or (6) of
Section 3-117 of the Nursing Home Care Act; (ii) actions
specified under item (a)(6) of Section 3-119 of the Nursing
Home Care Act; or (iii) actions within the preceding 5 years
constituting a substantial and repeated failure to comply with
the Nursing Home Care Act or the rules and regulations adopted
by the Department under that Act. The State Board shall not
deny a permit on account of any action described in this
subsection (a-5) without also considering all such actions in
the light of all relevant information available to the State
Board, including whether the permit is sought to substantially
comply with a mandatory or voluntary plan of correction

associated with any action described in this subsection (a-5).
(b) Persons shall be subject to fines as follows:
(1) A permit holder who fails to comply with the
requirements of maintaining a valid permit shall be fined
an amount not to exceed 1% of the approved permit amount
plus an additional 1% of the approved permit amount for
each 30-day period, or fraction thereof, that the violation
continues.
(2) A permit holder who alters the scope of an approved
project or whose project costs exceed the allowable permit
amount without first obtaining approval from the State
Board shall be fined an amount not to exceed the sum of (i)
the lesser of $25,000 or 2% of the approved permit amount
and (ii) in those cases where the approved permit amount is
exceeded by more than $1,000,000, an additional $20,000 for
each $1,000,000, or fraction thereof, in excess of the
approved permit amount.
(3) A person who acquires major medical equipment or
who establishes a category of service without first
obtaining a permit or exemption, as the case may be, shall
be fined an amount not to exceed $10,000 for each such
acquisition or category of service established plus an
additional $10,000 for each 30-day period, or fraction
thereof, that the violation continues.
(4) A person who constructs, modifies, or establishes a
health care facility without first obtaining a permit shall

be fined an amount not to exceed $25,000 plus an additional
$25,000 for each 30-day period, or fraction thereof, that
the violation continues.
(5) A person who discontinues a health care facility or
a category of service without first obtaining a permit
shall be fined an amount not to exceed $10,000 plus an
additional $10,000 for each 30-day period, or fraction
thereof, that the violation continues. For purposes of this
subparagraph (5), facilities licensed under the Nursing
Home Care Act or the ID/DD Community Care Act, with the
exceptions of facilities operated by a county or Illinois
Veterans Homes, are exempt from this permit requirement.
However, facilities licensed under the Nursing Home Care
Act or the ID/DD Community Care Act must comply with
Section 3-423 of the Nursing Home Care Act or Section 3-423
of the ID/DD Community Care Act and must provide the Board
with 30-days' written notice of its intent to close.
(6) A person subject to this Act who fails to provide
information requested by the State Board or Agency within
30 days of a formal written request shall be fined an
amount not to exceed $1,000 plus an additional $1,000 for
each 30-day period, or fraction thereof, that the
information is not received by the State Board or Agency.
(c) Before imposing any fine authorized under this Section,
the State Board shall afford the person or permit holder, as
the case may be, an appearance before the State Board and an

opportunity for a hearing before a hearing officer appointed by
the State Board. The hearing shall be conducted in accordance
with Section 10.
(d) All fines collected under this Act shall be transmitted
to the State Treasurer, who shall deposit them into the
Illinois Health Facilities Planning Fund.
(Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10;
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-7-11.)
Section 120. The Judicial Note Act is amended by changing
Section 7 as follows:
(25 ILCS 60/7) (from Ch. 63, par. 42.67)
Sec. 7. Whenever any committee of either house reports
report any bill with amendments of such a nature as will affect
the number of judges in the State as stated in the judicial
note relating to the measure at the time of its referral to the
committee, there shall be included with the report of the
committee a statement of the effect of the change proposed by
the amendment reported as desired by a majority of the
committee. In like manner, whenever any measure is amended on
the floor of either house in such manner as to affect the
number of judges in the State as stated in the judicial note
relating to the measure prior to such amendment, a majority of
such house may propose that no action shall be taken upon the
amendment until the sponsor of the amendment shows to the

members a statement of the judicial effect affect of his
proposed amendment.
(Source: P.A. 77-1258; revised 11-18-11.)
Section 125. The Compensation Review Act is amended by
changing Section 2.1 as follows:
(25 ILCS 120/2.1)
Sec. 2.1. "Set by Compensation Review Board"; meaning. If
salary or compensation is provided by law as set by the
Compensation Review Board, then that means the salary or
compensation in effect on the effective date of this amendatory
Act of the 96th General Assembly or as otherwise provided in
this Act and as provided in Section 5.6 of the Compensation
Review Act.
(Source: P.A. 96-800, eff. 10-30-09; revised 11-18-11.)
Section 130. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.755,
5.786, 5.787, and 6z-87 and by changing Section 6z-27 as
follows:
(30 ILCS 105/5.755)
Sec. 5.755. The Healthcare Provider Relief Fund.
(Source: P.A. 96-820, eff. 11-18-09; 97-333, eff. 8-12-11.)

(30 ILCS 105/5.786)
Sec. 5.786. The Fund for the Advancement of Education.
(Source: P.A. 96-1496, eff. 1-13-11.)
(30 ILCS 105/5.787)
Sec. 5.787. The Commitment to Human Services Fund.
(Source: P.A. 96-1496, eff. 1-13-11.)
(30 ILCS 105/5.788)
Sec. 5.788 5.755. The Chicago Police Memorial Foundation
Fund.
(Source: P.A. 96-1547, eff. 3-10-11; revised 9-15-11.)
(30 ILCS 105/5.789)
Sec. 5.789 5.786. The Department of Human Services
Community Services Fund.
(Source: P.A. 96-1530, eff. 2-16-11; revised 9-15-11.)
(30 ILCS 105/5.790)
Sec. 5.790 5.786. The Death Penalty Abolition Fund.
(Source: P.A. 96-1543, eff. 7-1-11; revised 9-15-11.)
(30 ILCS 105/5.791)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 5.791 5.786. The Conservation Police Operations

Assistance Fund.
(Source: P.A. 97-46, eff. 7-1-12; revised 9-15-11.)
(30 ILCS 105/5.792)
Sec. 5.792 5.786. Attorney General Tobacco Fund. There is
hereby created in the State treasury the Attorney General
Tobacco Fund to be used, subject to appropriation, exclusively
by the Attorney General for enforcement of the tobacco Master
Settlement Agreement and for law enforcement activities of the
Attorney General.
(Source: P.A. 97-72, eff. 7-1-11; revised 9-15-11.)
(30 ILCS 105/5.793)
Sec. 5.793 5.786. The Veterans Traumatic Brain Injury and
Post-Traumatic Stress Disorder Public Service Announcement
Fund.
(Source: P.A. 97-78, eff. 7-5-11; revised 9-15-11.)
(30 ILCS 105/5.794)
Sec. 5.794 5.786. The Homeland Security Emergency
Preparedness Fund.
(Source: P.A. 97-116, eff. 1-1-12; revised 9-15-11.)
(30 ILCS 105/5.795)
Sec. 5.795 5.786. The Athletics Supervision and Regulation
Fund.

(Source: P.A. 97-119, eff. 7-14-11; revised 9-15-11.)
(30 ILCS 105/5.796)
Sec. 5.796 5.786. The State Charter School Commission Fund.
(Source: P.A. 97-152, eff. 7-20-11; revised 9-15-11.)
(30 ILCS 105/5.797)
Sec. 5.797 5.786. The Electronic Health Record Incentive
Fund.
(Source: P.A. 97-169, eff. 7-22-11; revised 9-15-11.)
(30 ILCS 105/5.798)
Sec. 5.798 5.786. The Historic Property Administrative
Fund.
(Source: P.A. 97-203, eff. 7-28-11; revised 9-15-11.)
(30 ILCS 105/5.799)
Sec. 5.799 5.786. The Octave Chanute Aerospace Heritage
Fund.
(Source: P.A. 97-243, eff. 8-4-11; revised 9-15-11.)
(30 ILCS 105/5.800)
Sec. 5.800 5.786. The Roseland Community Medical District
Income Fund.
(Source: P.A. 97-259, eff. 8-5-11; revised 9-15-11.)

(30 ILCS 105/5.801)
Sec. 5.801 5.786. The Illinois Department of Corrections
Parole Division Offender Supervision Fund.
(Source: P.A. 97-262, eff. 8-5-11; revised 9-15-11.)
(30 ILCS 105/5.802)
Sec. 5.802 5.786. The Small Business Development Grant
Fund.
(Source: P.A. 97-406, eff. 8-16-11; revised 8-15-11.)
(30 ILCS 105/5.803)
Sec. 5.803 5.786. The Illinois Law Enforcement Alarm
Systems Fund.
(Source: P.A. 97-453, eff. 8-19-11; revised 9-15-11.)
(30 ILCS 105/5.804)
Sec. 5.804 5.786. The Illinois State Crime Stoppers
Association Fund.
(Source: P.A. 97-478, eff. 8-22-11; revised 9-15-11.)
(30 ILCS 105/5.805)
Sec. 5.805 5.786. The Savings Institutions Regulatory
Fund.
(Source: P.A. 97-492, eff. 1-1-12; revised 9-15-11.)
(30 ILCS 105/5.806)

Sec. 5.806 5.786. The Prescription Pill and Drug Disposal
Fund.
(Source: P.A. 97-545, eff. 1-1-12; revised 9-15-11.)
(30 ILCS 105/5.807)
Sec. 5.807 5.786. The Illinois Main Street Fund.
(Source: P.A. 97-573, eff. 8-25-11; revised 9-15-11.)
(30 ILCS 105/5.808)
Sec. 5.808 5.787. The After-School Rescue Fund.
(Source: P.A. 97-478, eff. 8-22-11; revised 9-15-11.)
(30 ILCS 105/5.810)
Sec. 5.810 5.786. The Chicago Travel Industry Promotion
Fund.
(Source: P.A. 97-617, eff. 10-26-11; revised 12-5-11.)
(30 ILCS 105/6z-27)
Sec. 6z-27. All moneys in the Audit Expense Fund shall be
transferred, appropriated and used only for the purposes
authorized by, and subject to the limitations and conditions
prescribed by, the State Auditing Act.
Within 30 days after the effective date of this amendatory
Act of 2011, the State Comptroller shall order transferred and
the State Treasurer shall transfer from the following funds
moneys in the specified amounts for deposit into the Audit

Expense Fund:
Adeline Jay Geo-Karis Illinois
Beach Marina Fund....................................517
Assisted Living and Shared Housing Regulatory Fund.......532
Care Provider Fund for Persons with
Developmental Disability..........................12,370
Carolyn Adams Ticket for the Cure Grant Fund.............687
CDLIS/AAMVA Net Trust Fund...............................609
Coal Mining Regulatory Fund..............................884
Common School Fund...................................162,681
The Communications Revolving Fund.....................79,373
Community Health Center Care Fund........................599
Community Mental Health
Medicaid Trust Fund...............................20,824
Death Certificate Surcharge Fund.......................1,917
Department of Business Services Special
Operations Fund....................................4,088
The Downstate Public Transportation Fund...............6,423
Drivers Education Fund...................................676
The Education Assistance Fund.........................40,799
Emergency Public Health Fund...........................4,934
Environmental Protection Permit and
Inspection Fund......................................913
Estate Tax Collection Distributive Fund................1,315
Facilities Management Revolving Fund.................146,649
The Fire Prevention Fund...............................4,110

Food and Drug Safety Fund..............................2,216
General Professions Dedicated Fund.....................7,978
The General Revenue Fund..........................17,684,627
Grade Crossing Protection Fund.........................1,188
Hazardous Waste Fund...................................1,295
Health Facility Plan Review Fund.......................2,063
Health and Human Services
Medicaid Trust Fund...............................11,590
Healthcare Provider Relief Fund.......................16,458
Home Care Services Agency Licensure Fund...............1,025
Illinois Affordable Housing Trust Fund...................799
Illinois Clean Water Fund..............................1,420
Illinois Health Facilities Planning Fund...............2,572
Illinois Power Agency Trust Fund......................46,305
Illinois Power Agency Operations Fund.................30,960
Illinois School Asbestos Abatement Fund................1,368
Illinois Tax Increment Fund..............................751
Illinois Veterans Rehabilitation Fund..................1,134
Illinois Workers' Compensation Commission
Operations Fund...................................70,049
IMSA Income Fund.......................................7,588
Income Tax Refund Fund................................55,211
Innovations in Long-term Care Quality Demonstration
Grants Fund........................................3,140
Lead Poisoning, Screening, Prevention and
Abatement Fund.....................................5,025

Live and Learn Fund...................................18,166
The Local Government Distributive Fund................49,520
Long Term Care Monitor/Receiver Fund...................2,365
Long Term Care Provider Fund...........................2,214
Low Level Radioactive Waste Facility Development and
Operation Fund.....................................3,880
Mandatory Arbitration Fund.............................2,926
Mental Health Fund.....................................6,210
Metabolic Screening and Treatment Fund................19,342
Monitoring Device Driving Permit Administration Fee Fund.645
The Motor Fuel Tax Fund...............................31,806
Motor Vehicle License Plate Fund.......................8,027
Motor Vehicle Theft Prevention Trust Fund.............59,407
Multiple Sclerosis Research Fund.......................1,830
Natural Areas Acquisition Fund.........................1,776
Nuclear Safety Emergency Preparedness Fund...........216,920
Nursing Dedicated and Professional Fund................2,180
Open Space Lands Acquisition and
Development Fund...................................7,009
Park and Conservation Fund.............................4,857
Partners for Conservation Fund...........................759
The Personal Property Tax Replacement Fund............47,871
Plumbing Licensure and Program Fund....................3,065
Professional Services Fund.............................8,811
Public Health Laboratory Services Revolving Fund.......1,420
The Public Transportation Fund........................18,837

Radiation Protection Fund.............................65,921
Rental Housing Support Program Fund......................681
The Road Fund........................................203,659
Regional Transportation Authority Occupation and
Use Tax Replacement Fund...........................1,010
Secretary of State DUI Administration Fund.............1,350
Secretary of State Identification
Security and Theft Prevention Fund.................1,219
Secretary of State Special License Plate Fund..........3,194
Secretary of State Special Services Fund..............14,404
Securities Audit and Enforcement Fund..................4,743
Securities Investors Education Fund......................882
September 11th Fund....................................1,062
Solid Waste Management Fund............................1,348
State and Local Sales Tax Reform Fund..................1,984
State Boating Act Fund.................................3,155
State Construction Account Fund.......................34,102
The State Garage Revolving Fund.......................30,345
The State Lottery Fund................................17,959
State Parks Fund.......................................2,483
State Surplus Property Revolving Fund..................2,090
The Statistical Services Revolving Fund..............105,824
Tobacco Settlement Recovery Fund......................30,157
Trauma Center Fund.....................................6,569
Underground Storage Tank Fund..........................7,216
The Vehicle Inspection Fund............................5,050

1
Wildlife and Fish Fund................................16,553
The Working Capital Revolving Fund..................31,272
Notwithstanding any provision of the law to the contrary,
the General Assembly hereby authorizes the use of such funds
for the purposes set forth in this Section.
These provisions do not apply to funds classified by the
Comptroller as federal trust funds or State trust funds. The
Audit Expense Fund may receive transfers from those trust funds
only as directed herein, except where prohibited by the terms
of the trust fund agreement. The Auditor General shall notify
the trustees of those funds of the estimated cost of the audit
to be incurred under the Illinois State Auditing Act for the
fund. The trustees of those funds shall direct the State
Comptroller and Treasurer to transfer the estimated amount to
the Audit Expense Fund.
The Auditor General may bill entities that are not subject
to the above transfer provisions, including private entities,
related organizations and entities whose funds are
locally-held, for the cost of audits, studies, and
investigations incurred on their behalf. Any revenues received
under this provision shall be deposited into the Audit Expense
Fund.
In the event that moneys on deposit in any fund are
unavailable, by reason of deficiency or any other reason
preventing their lawful transfer, the State Comptroller shall

order transferred and the State Treasurer shall transfer the
amount deficient or otherwise unavailable from the General
Revenue Fund for deposit into the Audit Expense Fund.
On or before December 1, 1992, and each December 1
thereafter, the Auditor General shall notify the Governor's
Office of Management and Budget (formerly Bureau of the Budget)
of the amount estimated to be necessary to pay for audits,
studies, and investigations in accordance with the Illinois
State Auditing Act during the next succeeding fiscal year for
each State fund for which a transfer or reimbursement is
anticipated.
Beginning with fiscal year 1994 and during each fiscal year
thereafter, the Auditor General may direct the State
Comptroller and Treasurer to transfer moneys from funds
authorized by the General Assembly for that fund. In the event
funds, including federal and State trust funds but excluding
the General Revenue Fund, are transferred, during fiscal year
1994 and during each fiscal year thereafter, in excess of the
amount to pay actual costs attributable to audits, studies, and
investigations as permitted or required by the Illinois State
Auditing Act or specific action of the General Assembly, the
Auditor General shall, on September 30, or as soon thereafter
as is practicable, direct the State Comptroller and Treasurer
to transfer the excess amount back to the fund from which it
was originally transferred.
(Source: P.A. 96-476, eff. 8-14-09; 96-976, eff. 7-2-10; 97-66,

eff. 6-30-11; revised 7-13-11.)
(30 ILCS 105/6z-87)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 6z-87. Conservation Police Operations Assistance
Fund.
(a) There is created in the State treasury a special fund
known as the Conservation Police Operations Assistance Fund.
The Fund shall receive revenue pursuant to Section 27.3a of the
Clerks of Courts Act. The Fund may also receive revenue from
grants, donations, appropriations, and any other legal source.
(b) The Department of Natural Resources may use moneys in
the Fund to support any lawful operations of the Illinois
Conservation Police.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The Conservation Police Operations Assistance Fund
shall not be subject to administrative chargebacks.
(Source: P.A. 97-46, eff. 7-1-12.)
(30 ILCS 105/6z-89)
Sec. 6z-89 6z-87. The Veterans Traumatic Brain Injury and

Post-Traumatic Stress Disorder Public Service Announcement
Fund; creation. The Veterans Traumatic Brain Injury and
Post-Traumatic Stress Disorder Public Service Announcement
Fund is created as a special fund in the State treasury. The
Department of Veterans' Affairs may collect gifts, donations,
and charitable contributions from any private individual or
entity for the purpose of providing public service
announcements to inform veterans of the services and benefits
of State and federal laws, including but not limited to the
services and benefits available to veterans suffering from
traumatic brain injuries or post-traumatic stress disorder.
The gifts, donations, and charitable contributions shall be
deposited into the Veterans Traumatic Brain Injury and
Post-Traumatic Stress Disorder Public Service Announcement
Fund. All money in the Veterans Traumatic Brain Injury and
Post-Traumatic Stress Disorder Public Service Announcement
Fund shall be used, subject to appropriation by the General
Assembly, by the Department of Veterans' Affairs for this
purpose.
(Source: P.A. 97-78, eff. 7-5-11; revised 9-19-11.)
(30 ILCS 105/6z-90)
Sec. 6z-90 6z-87. The Small Business Development Grant
Fund.
(a) The Small Business Development Grant Fund is created as
a special fund in the State treasury. Subject to appropriation,

the Department of Commerce and Economic Opportunity shall make
grants from the Fund:
(1) to small businesses in the State that commit to
using the grant moneys to create additional jobs;
(2) to small businesses from outside of the State that
commit to relocate within the State; and
(3) for individual projects that create 100 or fewer
additional jobs.
(b) For the purposes of this Section, "small business"
means a legal entity, including a corporation, partnership, or
sole proprietorship that:
(1) is formed for the purpose of making a profit;
(2) is independently owned and operated; and
(3) has fewer than 100 employees.
(c) In making grants under this Section, the Department of
Commerce and Economic Opportunity shall give priority to
minority owned businesses, female owned businesses, and
businesses owned by a person with a disability, as those terms
are defined in the Business Enterprise for Minorities, Females,
and Persons with Disabilities Act.
(d) In making grants under this Section, the Department of
Commerce and Economic Opportunity shall also give priority to
small businesses that pledge not to pay any of the grant moneys
to an executive of the business in the form of compensation
above the executive's base salary.
(e) In making grants under this Section, the Department of

Commerce and Economic Opportunity shall also give priority to
small businesses that have as their primary purpose the
provision of energy derived from renewable energy technology.
For the purposes of this Section, "renewable energy technology"
means any technology that exclusively relies on an energy
source that is naturally regenerated over a short time and
derived (i) directly from the sun, (ii) indirectly from the
sun, or (iii) from moving water or other natural movements and
mechanisms of the environment. The term "renewable energy
technology" includes sources that rely on energy derived
directly from the sun, on wind, geothermal, hydroelectric,
wave, or tidal energy, or on biomass or biomass-based waste
products, including landfill gas. The term "renewable energy
technology" does not include energy resources derived from
fossil fuels, waste products from fossil fuels, or waste
products from inorganic sources.
(Source: P.A. 97-406, eff. 8-16-11; revised 9-19-11.)
(30 ILCS 105/6z-91)
Sec. 6z-91 6z-87. Illinois Law Enforcement Alarm Systems
Fund.
(a) There is created in the State treasury a special fund
known as the Illinois Law Enforcement Alarm Systems (ILEAS)
Fund. The Fund may also receive revenue from grants, donations,
appropriations, and any other legal source.
(b) Moneys in the Fund may be used to finance support for

law enforcement, airborne, and terrorism operations as
approved by the ILEAS Executive Board with 33.3% of the revenue
used for air support programs.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The Illinois Law Enforcement Alarm Systems Fund shall
not be subject to administrative chargebacks.
(Source: P.A. 97-453, eff. 8-19-11; revised 9-19-11.)
(30 ILCS 105/6z-92)
Sec. 6z-92 6z-87. Illinois State Crime Stoppers
Association Fund. The Illinois State Crime Stoppers
Association Fund is created as a special fund in the State
treasury. Subject to appropriation, the Fund shall be used by
the Criminal Justice Information Authority to make grants to
the Illinois State Crime Stoppers Association to enhance and
develop Crime Stoppers programs in Illinois.
(Source: P.A. 97-478, eff. 8-22-11; revised 9-19-11.)
Section 135. The General Obligation Bond Act is amended by
changing Sections 2 and 9 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 $45,476,125,743
$41,314,125,743 $41,379,777,443.
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, the
$3,466,000,000 authorized by Public Act 96-43, and the
$4,096,348,300 authorized by Public Act 96-1497 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
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; 96-885, eff. 3-11-10;
96-1000, eff. 7-2-10; 96-1497, eff. 1-14-11; 96-1554, eff.
3-18-11; 97-333, eff. 8-12-11; revised 10-31-11.)
(30 ILCS 330/9) (from Ch. 127, par. 659)
Sec. 9. Conditions for Issuance and Sale of Bonds -
Requirements for Bonds.
(a) Except as otherwise provided in this subsection, Bonds
shall be issued and sold from time to time, in one or more
series, in such amounts and at such prices as may be directed
by the Governor, upon recommendation by the Director of the
Governor's Office of Management and Budget. Bonds shall be in
such form (either coupon, registered or book entry), in such
denominations, payable within 25 years from their date, subject
to such terms of redemption with or without premium, bear
interest payable at such times and at such fixed or variable
rate or rates, and be dated as shall be fixed and determined by
the Director of the Governor's Office of Management and Budget
in the order authorizing the issuance and sale of any series of
Bonds, which order shall be approved by the Governor and is
herein called a "Bond Sale Order"; provided however, that

interest payable at fixed or variable rates shall not exceed
that permitted in the Bond Authorization Act, as now or
hereafter amended. Bonds shall be payable at such place or
places, within or without the State of Illinois, and may be
made registrable as to either principal or as to both principal
and interest, as shall be specified in the Bond Sale Order.
Bonds may be callable or subject to purchase and retirement or
tender and remarketing as fixed and determined in the Bond Sale
Order. Bonds, other than Bonds issued under Section 3 of this
Act for the costs associated with the purchase and
implementation of information technology, (i) except for
refunding Bonds satisfying the requirements of Section 16 of
this Act and sold during fiscal year 2009, 2010, or 2011, must
be issued with principal or mandatory redemption amounts in
equal amounts, with the first maturity issued occurring within
the fiscal year in which the Bonds are issued or within the
next succeeding fiscal year and (ii) must mature or be subject
to mandatory redemption each fiscal year thereafter up to 25
years, except for refunding Bonds satisfying the requirements
of Section 16 of this Act and sold during fiscal year 2009,
2010, or 2011 which must mature or be subject to mandatory
redemption each fiscal year thereafter up to 16 years. Bonds
issued under Section 3 of this Act for the costs associated
with the purchase and implementation of information technology
must be issued with principal or mandatory redemption amounts
in equal amounts, with the first maturity issued occurring with

the fiscal year in which the respective bonds are issued or
with the next succeeding fiscal year, with the respective bonds
issued maturing or subject to mandatory redemption each fiscal
year thereafter up to 10 years. Notwithstanding any provision
of this Act to the contrary, the Bonds authorized by Public Act
96-43 shall be payable within 5 years from their date and must
be issued with principal or mandatory redemption amounts in
equal amounts, with payment of principal or mandatory
redemption beginning in the first fiscal year following the
fiscal year in which the Bonds are issued.
Notwithstanding any provision of this Act to the contrary,
the Bonds authorized by Public Act 96-1497 this amendatory Act
of the 96th General Assembly shall be payable within 8 years
from their date and shall be issued with payment of maturing
principal or scheduled mandatory redemptions in accordance
with the following schedule, except the following amounts shall
be prorated if less than the total additional amount of Bonds
authorized by Public Act 96-1497 this amendatory Act of the
96th General Assembly are issued:
Fiscal Year After Issuance Amount
1-2 $0
3 $110,712,120
4 $332,136,360
5 $664,272,720
6-8 $996,409,080
In the case of any series of Bonds bearing interest at a

variable interest rate ("Variable Rate Bonds"), in lieu of
determining the rate or rates at which such series of Variable
Rate Bonds shall bear interest and the price or prices at which
such Variable Rate Bonds shall be initially sold or remarketed
(in the event of purchase and subsequent resale), the Bond Sale
Order may provide that such interest rates and prices may vary
from time to time depending on criteria established in such
Bond Sale Order, which criteria may include, without
limitation, references to indices or variations in interest
rates as may, in the judgment of a remarketing agent, be
necessary to cause Variable Rate Bonds of such series to be
remarketable from time to time at a price equal to their
principal amount, and may provide for appointment of a bank,
trust company, investment bank, or other financial institution
to serve as remarketing agent in that connection. The Bond Sale
Order may provide that alternative interest rates or provisions
for establishing alternative interest rates, different
security or claim priorities, or different call or amortization
provisions will apply during such times as Variable Rate Bonds
of any series are held by a person providing credit or
liquidity enhancement arrangements for such Bonds as
authorized in subsection (b) of this Section. The Bond Sale
Order may also provide for such variable interest rates to be
established pursuant to a process generally known as an auction
rate process and may provide for appointment of one or more
financial institutions to serve as auction agents and

broker-dealers in connection with the establishment of such
interest rates and the sale and remarketing of such Bonds.
(b) In connection with the issuance of any series of Bonds,
the State may enter into arrangements to provide additional
security and liquidity for such Bonds, including, without
limitation, bond or interest rate insurance or letters of
credit, lines of credit, bond purchase contracts, or other
arrangements whereby funds are made available to retire or
purchase Bonds, thereby assuring the ability of owners of the
Bonds to sell or redeem their Bonds. The State may enter into
contracts and may agree to pay fees to persons providing such
arrangements, but only under circumstances where the Director
of the Governor's Office of Management and Budget certifies
that he or she reasonably expects the total interest paid or to
be paid on the Bonds, together with the fees for the
arrangements (being treated as if interest), would not, taken
together, cause the Bonds to bear interest, calculated to their
stated maturity, at a rate in excess of the rate that the Bonds
would bear in the absence of such arrangements.
The State may, with respect to Bonds issued or anticipated
to be issued, participate in and enter into arrangements with
respect to interest rate protection or exchange agreements,
guarantees, or financial futures contracts for the purpose of
limiting, reducing, or managing interest rate exposure. The
authority granted under this paragraph, however, shall not
increase the principal amount of Bonds authorized to be issued

by law. The arrangements may be executed and delivered by the
Director of the Governor's Office of Management and Budget on
behalf of the State. Net payments for such arrangements shall
constitute interest on the Bonds and shall be paid from the
General Obligation Bond Retirement and Interest Fund. The
Director of the Governor's Office of Management and Budget
shall at least annually certify to the Governor and the State
Comptroller his or her estimate of the amounts of such net
payments to be included in the calculation of interest required
to be paid by the State.
(c) Prior to the issuance of any Variable Rate Bonds
pursuant to subsection (a), the Director of the Governor's
Office of Management and Budget shall adopt an interest rate
risk management policy providing that the amount of the State's
variable rate exposure with respect to Bonds shall not exceed
20%. This policy shall remain in effect while any Bonds are
outstanding and the issuance of Bonds shall be subject to the
terms of such policy. The terms of this policy may be amended
from time to time by the Director of the Governor's Office of
Management and Budget but in no event shall any amendment cause
the permitted level of the State's variable rate exposure with
respect to Bonds to exceed 20%.
(d) "Build America Bonds" in this Section means Bonds
authorized by Section 54AA of the Internal Revenue Code of
1986, as amended ("Internal Revenue Code"), and bonds issued
from time to time to refund or continue to refund "Build

America Bonds".
(e) Notwithstanding any other provision of this Section,
Qualified School Construction Bonds shall be issued and sold
from time to time, in one or more series, in such amounts and
at such prices as may be directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. Qualified School Construction Bonds
shall be in such form (either coupon, registered or book
entry), in such denominations, payable within 25 years from
their date, subject to such terms of redemption with or without
premium, and if the Qualified School Construction Bonds are
issued with a supplemental coupon, bear interest payable at
such times and at such fixed or variable rate or rates, and be
dated as shall be fixed and determined by the Director of the
Governor's Office of Management and Budget in the order
authorizing the issuance and sale of any series of Qualified
School Construction Bonds, which order shall be approved by the
Governor and is herein called a "Bond Sale Order"; except that
interest payable at fixed or variable rates, if any, shall not
exceed that permitted in the Bond Authorization Act, as now or
hereafter amended. Qualified School Construction Bonds shall
be payable at such place or places, within or without the State
of Illinois, and may be made registrable as to either principal
or as to both principal and interest, as shall be specified in
the Bond Sale Order. Qualified School Construction Bonds may be
callable or subject to purchase and retirement or tender and

remarketing as fixed and determined in the Bond Sale Order.
Qualified School Construction Bonds must be issued with
principal or mandatory redemption amounts or sinking fund
payments into the General Obligation Bond Retirement and
Interest Fund (or subaccount therefor) in equal amounts, with
the first maturity issued, mandatory redemption payment or
sinking fund payment occurring within the fiscal year in which
the Qualified School Construction Bonds are issued or within
the next succeeding fiscal year, with Qualified School
Construction Bonds issued maturing or subject to mandatory
redemption or with sinking fund payments thereof deposited each
fiscal year thereafter up to 25 years. Sinking fund payments
set forth in this subsection shall be permitted only to the
extent authorized in Section 54F of the Internal Revenue Code
or as otherwise determined by the Director of the Governor's
Office of Management and Budget. "Qualified School
Construction Bonds" in this subsection means Bonds authorized
by Section 54F of the Internal Revenue Code and for bonds
issued from time to time to refund or continue to refund such
"Qualified School Construction Bonds".
(f) Beginning with the next issuance by the Governor's
Office of Management and Budget to the Procurement Policy Board
of a request for quotation for the purpose of formulating a new
pool of qualified underwriting banks list, all entities
responding to such a request for quotation for inclusion on
that list shall provide a written report to the Governor's

Office of Management and Budget and the Illinois Comptroller.
The written report submitted to the Comptroller shall (i) be
published on the Comptroller's Internet website and (ii) be
used by the Governor's Office of Management and Budget for the
purposes of scoring such a request for quotation. The written
report, at a minimum, shall:
(1) disclose whether, within the past 3 months,
pursuant to its credit default swap market-making
activities, the firm has entered into any State of Illinois
credit default swaps ("CDS");
(2) include, in the event of State of Illinois CDS
activity, disclosure of the firm's cumulative notional
volume of State of Illinois CDS trades and the firm's
outstanding gross and net notional amount of State of
Illinois CDS, as of the end of the current 3-month period;
(3) indicate, pursuant to the firm's proprietary
trading activities, disclosure of whether the firm, within
the past 3 months, has entered into any proprietary trades
for its own account in State of Illinois CDS;
(4) include, in the event of State of Illinois
proprietary trades, disclosure of the firm's outstanding
gross and net notional amount of proprietary State of
Illinois CDS and whether the net position is short or long
credit protection, as of the end of the current 3-month
period;
(5) list all time periods during the past 3 months

during which the firm held net long or net short State of
Illinois CDS proprietary credit protection positions, the
amount of such positions, and whether those positions were
net long or net short credit protection positions; and
(6) indicate whether, within the previous 3 months, the
firm released any publicly available research or marketing
reports that reference State of Illinois CDS and include
those research or marketing reports as attachments.
(g) All entities included on a Governor's Office of
Management and Budget's pool of qualified underwriting banks
list shall, as soon as possible after March 18, 2011 (the
effective date of Public Act 96-1554) this amendatory Act of
the 96th General Assembly, but not later than January 21, 2011,
and on a quarterly fiscal basis thereafter, provide a written
report to the Governor's Office of Management and Budget and
the Illinois Comptroller. The written reports submitted to the
Comptroller shall be published on the Comptroller's Internet
website. The written reports, at a minimum, shall:
(1) disclose whether, within the past 3 months,
pursuant to its credit default swap market-making
activities, the firm has entered into any State of Illinois
credit default swaps ("CDS");
(2) include, in the event of State of Illinois CDS
activity, disclosure of the firm's cumulative notional
volume of State of Illinois CDS trades and the firm's
outstanding gross and net notional amount of State of

Illinois CDS, as of the end of the current 3-month period;
(3) indicate, pursuant to the firm's proprietary
trading activities, disclosure of whether the firm, within
the past 3 months, has entered into any proprietary trades
for its own account in State of Illinois CDS;
(4) include, in the event of State of Illinois
proprietary trades, disclosure of the firm's outstanding
gross and net notional amount of proprietary State of
Illinois CDS and whether the net position is short or long
credit protection, as of the end of the current 3-month
period;
(5) list all time periods during the past 3 months
during which the firm held net long or net short State of
Illinois CDS proprietary credit protection positions, the
amount of such positions, and whether those positions were
net long or net short credit protection positions; and
(6) indicate whether, within the previous 3 months, the
firm released any publicly available research or marketing
reports that reference State of Illinois CDS and include
those research or marketing reports as attachments.
(Source: P.A. 96-18, eff. 6-26-09; 96-37, eff. 7-13-09; 96-43,
eff. 7-15-09; 96-828, eff. 12-2-09; 96-1497, eff. 1-14-11;
96-1554, eff. 3-18-11; revised 4-5-11.)
Section 140. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:

(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
contractors were first solicited on or after July 1, 1998. This
Code shall not be construed to affect or impair any contract,
or any provision of a contract, entered into based on a
solicitation prior to the implementation date of this Code as
described in Article 99, including but not limited to any
covenant entered into with respect to any revenue bonds or
similar instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care.
(4) Hiring of an individual as employee and not as an
independent contractor, whether pursuant to an employment

code or policy or by contract directly with that
individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of this
type of contract with a value of more than $25,000 must be
published in the Procurement Bulletin within 7 days after
the deed is recorded in the county of jurisdiction. The
notice shall identify the real estate purchased, the names
of all parties to the contract, the value of the contract,
and the effective date of the contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor shall
give his or her prior approval when the procuring agency is
one subject to the jurisdiction of the Governor, and
provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or her
prior approval when the procuring entity is not one subject
to the jurisdiction of the Governor.
(8) Contracts for services to Northern Illinois
University by a person, acting as an independent
contractor, who is qualified by education, experience, and
technical ability and is selected by negotiation for the
purpose of providing non-credit educational service
activities or products by means of specialized programs
offered by the university.

(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) Procurement expenditures by the Illinois Health
Information Exchange Authority involving private funds
from the Health Information Exchange Fund. "Private funds"
means gifts, donations, and private grants.
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related to
the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power

Agency Act, as required in subsection (h-3) of Section 9-220 of
the Public Utilities Act, including calculating the range of
capital costs, the range of operating and maintenance costs, or
the sequestration costs or monitoring the construction of clean
coal SNG brownfield facility for the full duration of
construction.
(f) This Code does not apply to the process used by the
Illinois Power Agency to retain a mediator to mediate sourcing
agreement disputes between gas utilities and the clean coal SNG
brownfield facility, as defined in Section 1-10 of the Illinois
Power Agency Act, as required under subsection (h-1) of Section
9-220 of the Public Utilities Act.
(g) (e) This Code does not apply to the processes used by
the Illinois Power Agency to retain a mediator to mediate
contract disputes between gas utilities and the clean coal SNG
facility and to retain an expert to assist in the review of
contracts under subsection (h) of Section 9-220 of the Public
Utilities Act. This Code does not apply to the process used by
the Illinois Commerce Commission to retain an expert to assist
in determining the actual incurred costs of the clean coal SNG
facility and the reasonableness of those costs as required
under subsection (h) of Section 9-220 of the Public Utilities
Act.
(Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10;
97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11;
revised 9-7-11.)

Section 145. 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 and except as provided
under paragraph (1.05) of this Section, approved for
payment under this Section must be paid or the payment
issued to the 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, except a
bill for pharmacy or nursing facility services or goods,
and except as provided under paragraph (1.05) 1.05 of this
Section, 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. Any
bill for pharmacy or nursing facility services or goods
submitted under Article V of the Illinois Public Aid Code,
except as provided under paragraph (1.05) of this Section,
and approved for payment under this Section must be paid or
the payment issued to the 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.
(1.05) For State fiscal year 2012 and future fiscal
years, any bill approved for payment under this Section
must be paid or the payment issued to the payee within 90
days of receipt of a proper bill or invoice. If payment is
not issued to the payee within this 90-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 90-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
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 amounting to $50 or more
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. Except as provided in
paragraph (4), an individual interest payment amounting to
$5 or less shall not be paid by the State. Interest due to
a vendor that amounts to greater than $5 and less than $50
shall not be paid but shall be accrued until all interest

due the vendor for all similar warrants exceeds $50, at
which time the accrued interest shall be payable and
interest will begin accruing again, except that interest
accrued as of the end of the fiscal year that does not
exceed $50 shall be payable at that time. 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.
(3) The provisions of Public Act 96-1501 reducing the
interest rate on pharmacy claims under Article V of the
Illinois Public Aid Code to 1.0% per month shall apply to
any pharmacy bills for services and goods under Article V
of the Illinois Public Aid Code received on or after the
date 60 days before January 25, 2011 (the effective date of
Public Act 96-1501) except as provided under paragraph
(1.05) of this Section.
(4) Interest amounting to less than $5 shall not be
paid by the State, except for claims (i) to the Department
of Healthcare and Family Services or the Department of
Human Services, (ii) pursuant to Article V of the Illinois
Public Aid Code, the Covering ALL KIDS Health Insurance
Act, or the Children's Health Insurance Program Act, and
(iii) made (A) by pharmacies for prescriptive services or
(B) by any federally qualified health center for
prescriptive services or any other services.
(Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10;

96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1501, eff.
1-25-11; 96-1530, eff. 2-16-11; 97-72, eff. 7-1-11; 97-74, eff.
6-30-11; 97-348, eff. 8-12-11; revised 9-7-11.)
Section 150. The Project Labor Agreements Act is amended by
changing Section 5 as follows:
(30 ILCS 571/5)
Sec. 5. Findings.
(a) The State of Illinois has a compelling interest in
awarding public works contracts so as to ensure the highest
standards of quality and efficiency at the lowest responsible
cost.
(b) A project labor agreement, which is a form of pre-hire
collective bargaining agreement covering all terms and
conditions of employment on a specific project, can ensure the
highest standards of quality and efficiency at the lowest
responsible cost on appropriate public works projects.
(c) The State of Illinois has a compelling interest that a
highly skilled workforce be employed on public works projects
to ensure lower costs over the lifetime of the completed
project for building, repairs, and maintenance.
(d) Project labor agreements provide the State of Illinois
with a guarantee that public works projects will be completed
with highly skilled workers.
(e) Project labor agreements provide for peaceful,

orderly, and mutually binding procedures for resolving labor
issues without labor disruption, preventing significant
lost-time on construction projects.
(f) Project labor agreements allow public agencies to
predict more accurately the actual cost of the public works
project.
(g) (e) The use of project labor agreements can be of
particular benefit to complex construction projects.
(Source: P.A. 97-199, eff. 7-27-11; revised 9-7-11.)
Section 155. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Section 2 as follows:
(30 ILCS 575/2)
(Section scheduled to be repealed on June 30, 2012)
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
any of the following:
(a) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).

(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(c) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
(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,
an intellectual disability,
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
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
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
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
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. 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); 96-1000, eff. 7-2-10; 97-227, eff. 1-1-12;
97-396, eff. 1-1-12; revised 9-7-11.)
Section 160. The State Mandates Act is amended by changing
Sections 8.34 and 8.35 as follows:
(30 ILCS 805/8.34)
Sec. 8.34. 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 96-889,
96-952, 96-961, 96-1046, 96-1084, 96-1140, 96-1215, 96-1248,
96-1252, 96-1254, 96-1258, 96-1260, 96-1425, 96-1485, or
96-1536 this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-889, eff. 1-1-11; 96-952, eff. 6-28-10;
96-961, eff. 7-2-10; 96-1046, eff. 7-14-10; 96-1084, eff.
7-16-10; 96-1140, eff. 7-21-10; 96-1215, eff. 7-22-10;
96-1248, eff. 7-23-10; 96-1252, eff. 7-23-10; 96-1254, eff.
7-23-10; 96-1258, eff. 7-23-10; 96-1260, eff. 7-23-10;
96-1425, eff. 1-1-11; 96-1485, eff. 12-1-10; incorporates
96-1536, eff. 3-4-11; revised 12-5-11.)

(30 ILCS 805/8.35)
Sec. 8.35. 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 97-30,
97-87, 97-99, 97-272, 97-319, 97-326, 97-328, 97-415, or 97-609
this amendatory Act of the 96th 97th General Assembly.
(Source: P.A. 96-1536, eff. 3-4-11; 97-30, eff. 7-1-11; 97-87,
eff. 7-8-11; 97-99, eff. 1-1-12; 97-272, eff. 8-8-11; 97-319,
eff. 1-1-12; 97-326, eff. 8-12-11; 97-328, eff. 8-12-11;
97-415, eff. 8-16-11; 97-609, eff. 1-1-12; revised 12-5-11.)
Section 165. The Illinois Income Tax Act is amended by
changing Sections 201.5 and 806 as follows:
(35 ILCS 5/201.5)
Sec. 201.5. State spending limitation and tax reduction.
(a) If, beginning in State fiscal year 2012 and continuing
through State fiscal year 2015, State spending for any fiscal
year exceeds the State spending limitation set forth in
subsection (b) of this Section, then the tax rates set forth in
subsection (b) of Section 201 of this Act shall be reduced,
according to the procedures set forth in this Section, to 3% of
the taxpayer's net income for individuals, trusts, and estates
and to 4.8% of the taxpayer's net income for corporations. For
all taxable years following the taxable year in which the rate

has been reduced pursuant to this Section, the tax rate set
forth in subsection (b) of Section 201 of this Act shall be 3%
of the taxpayer's net income for individuals, trusts, and
estates and 4.8% of the taxpayer's net income for corporations.
(b) The State spending limitation for fiscal years 2012
through 2015 shall be as follows: (i) for fiscal year 2012,
$36,818,000,000; (ii) for fiscal year 2013, $37,554,000,000;
(iii) for fiscal year 2014, $38,305,000,000; and (iv) for
fiscal year 2015, $39,072,000,000.
(c) Notwithstanding Nothwithstanding any other provision
of law to the contrary, the Auditor General shall examine each
Public Act authorizing State spending from State general funds
and prepare a report no later than 30 days after receiving
notification of the Public Act from the Secretary of State or
60 days after the effective date of the Public Act, whichever
is earlier. The Auditor General shall file the report with the
Secretary of State and copies with the Governor, the State
Treasurer, the State Comptroller, the Senate, and the House of
Representatives. The report shall indicate: (i) the amount of
State spending set forth in the applicable Public Act; (ii) the
total amount of State spending authorized by law for the
applicable fiscal year as of the date of the report; and (iii)
whether State spending exceeds the State spending limitation
set forth in subsection (b). The Auditor General may examine
multiple Public Acts in one consolidated report, provided that
each Public Act is examined within the time period mandated by

this subsection (c). The Auditor General shall issue reports in
accordance with this Section through June 30, 2015 or the
effective date of a reduction in the rate of tax imposed by
subsections (a) and (b) of Section 201 of this Act pursuant to
this Section, whichever is earlier.
At the request of the Auditor General, each State agency
shall, without delay, make available to the Auditor General or
his or her designated representative any record or information
requested and shall provide for examination or copying all
records, accounts, papers, reports, vouchers, correspondence,
books and other documentation in the custody of that agency,
including information stored in electronic data processing
systems, which is related to or within the scope of a report
prepared under this Section. The Auditor General shall report
to the Governor each instance in which a State agency fails to
cooperate promptly and fully with his or her office as required
by this Section.
The Auditor General's report shall not be in the nature of
a post-audit or examination and shall not lead to the issuance
of an opinion as that term is defined in generally accepted
government auditing standards.
(d) If the Auditor General reports that State spending has
exceeded the State spending limitation set forth in subsection
(b) and if the Governor has not been presented with a bill or
bills passed by the General Assembly to reduce State spending
to a level that does not exceed the State spending limitation

within 45 calendar days of receipt of the Auditor General's
report, then the Governor may, for the purpose of reducing
State spending to a level that does not exceed the State
spending limitation set forth in subsection (b), designate
amounts to be set aside as a reserve from the amounts
appropriated from the State general funds for all boards,
commissions, agencies, institutions, authorities, colleges,
universities, and bodies politic and corporate of the State,
but not other constitutional officers, the legislative or
judicial branch, the office of the Executive Inspector General,
or the Executive Ethics Commission. Such a designation must be
made within 15 calendar days after the end of that 45-day
period. If the Governor designates amounts to be set aside as a
reserve, the Governor shall give notice of the designation to
the Auditor General, the State Treasurer, the State
Comptroller, the Senate, and the House of Representatives. The
amounts placed in reserves shall not be transferred, obligated,
encumbered, expended, or otherwise committed unless so
authorized by law. Any amount placed in reserves is not State
spending and shall not be considered when calculating the total
amount of State spending. Any Public Act authorizing the use of
amounts placed in reserve by the Governor is considered State
spending, unless such Public Act authorizes the use of amounts
placed in reserves in response to a fiscal emergency under
subsection (g).
(e) If the Auditor General reports under subsection (c)

that State spending has exceeded the State spending limitation
set forth in subsection (b), then the Auditor General shall
issue a supplemental report no sooner than the 61st day and no
later than the 65th day after issuing the report pursuant to
subsection (c). The supplemental report shall: (i) summarize
details of actions taken by the General Assembly and the
Governor after the issuance of the initial report to reduce
State spending, if any, (ii) indicate whether the level of
State spending has changed since the initial report, and (iii)
indicate whether State spending exceeds the State spending
limitation. The Auditor General shall file the report with the
Secretary of State and copies with the Governor, the State
Treasurer, the State Comptroller, the Senate, and the House of
Representatives. If the supplemental report of the Auditor
General provides that State spending exceeds the State spending
limitation, then the rate of tax imposed by subsections (a) and
(b) of Section 201 is reduced as provided in this Section
beginning on the first day of the first month to occur not less
than 30 days after issuance of the supplemental report.
(f) For any taxable year in which the rates of tax have
been reduced under this Section, the tax imposed by subsections
(a) and (b) of Section 201 shall be determined as follows:
(1) In the case of an individual, trust, or estate, the
tax shall be imposed in an amount equal to the sum of (i)
the rate applicable to the taxpayer under subsection (b) of
Section 201 (without regard to the provisions of this

Section) times the taxpayer's net income for any portion of
the taxable year prior to the effective date of the
reduction and (ii) 3% of the taxpayer's net income for any
portion of the taxable year on or after the effective date
of the reduction.
(2) In the case of a corporation, the tax shall be
imposed in an amount equal to the sum of (i) the rate
applicable to the taxpayer under subsection (b) of Section
201 (without regard to the provisions of this Section)
times the taxpayer's net income for any portion of the
taxable year prior to the effective date of the reduction
and (ii) 4.8% of the taxpayer's net income for any portion
of the taxable year on or after the effective date of the
reduction.
(3) For any taxpayer for whom the rate has been reduced
under this Section for a portion of a taxable year, the
taxpayer shall determine the net income for each portion of
the taxable year following the rules set forth in Section
202.5 of this Act, using the effective date of the rate
reduction rather than the January 1 dates found in that
Section, and the day before the effective date of the rate
reduction rather than the December 31 dates found in that
Section.
(4) If the rate applicable to the taxpayer under
subsection (b) of Section 201 (without regard to the
provisions of this Section) changes during a portion of the

taxable year to which that rate is applied under paragraphs
(1) or (2) of this subsection (f), the tax for that portion
of the taxable year for purposes of paragraph (1) or (2) of
this subsection (f) shall be determined as if that portion
of the taxable year were a separate taxable year, following
the rules set forth in Section 202.5 of this Act. If the
taxpayer elects to follow the rules set forth in subsection
(b) of Section 202.5, the taxpayer shall follow the rules
set forth in subsection (b) of Section 202.5 for all
purposes of this Section for that taxable year.
(g) Notwithstanding the State spending limitation set
forth in subsection (b) of this Section, the Governor may
declare a fiscal emergency by filing a declaration with the
Secretary of State and copies with the State Treasurer, the
State Comptroller, the Senate, and the House of
Representatives. The declaration must be limited to only one
State fiscal year, set forth compelling reasons for declaring a
fiscal emergency, and request a specific dollar amount. Unless,
within 10 calendar days of receipt of the Governor's
declaration, the State Comptroller or State Treasurer notifies
the Senate and the House of Representatives that he or she does
not concur in the Governor's declaration, State spending
authorized by law to address the fiscal emergency in an amount
no greater than the dollar amount specified in the declaration
shall not be considered "State spending" for purposes of the
State spending limitation.

(h) As used in this Section:
"State general funds" means the General Revenue Fund, the
Common School Fund, the General Revenue Common School Special
Account Fund, the Education Assistance Fund, and the Budget
Stabilization Fund.
"State spending" means (i) the total amount authorized for
spending by appropriation or statutory transfer from the State
general funds in the applicable fiscal year, and (ii) any
amounts the Governor places in reserves in accordance with
subsection (d) that are subsequently released from reserves
following authorization by a Public Act. For the purpose of
this definition, "appropriation" means authority to spend
money from a State general fund for a specific amount, purpose,
and time period, including any supplemental appropriation or
continuing appropriation, but does not include
reappropriations from a previous fiscal year. For the purpose
of this definition, "statutory transfer" means authority to
transfer funds from one State general fund to any other fund in
the State treasury, but does not include transfers made from
one State general fund to another State general fund.
"State spending limitation" means the amount described in
subsection (b) of this Section for the applicable fiscal year.
(Source: P.A. 96-1496, eff. 1-13-11; revised 11-18-11.)
(35 ILCS 5/806)
Sec. 806. Exemption from penalty. An individual taxpayer

shall not be subject to a penalty for failing to pay estimated
tax as required by Section 803 if the taxpayer is 65 years of
age or older and is a permanent resident of a nursing home. For
purposes of this Section, "nursing home" means a skilled
nursing or intermediate long term care facility that is subject
to licensure by the Illinois Department of Public Health under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-12-11.)
Section 170. The Retailers' Occupation Tax Act is amended
by changing Section 1h as follows:
(35 ILCS 120/1h) (from Ch. 120, par. 440h)
Sec. 1h. Upon request made on or after July 1, 1987, the
Department shall furnish to any county or municipality a list
containing the name of each corporation, society, association,
foundation or institution organized and operated exclusively
for charitable, religious or educational purposes, and each
not-for-profit corporation, society, association, foundation,
institution or organization which has no compensated officers
or employees and which is organized and operated primarily for
the recreation of persons 55 years of age or older, which had a
valid exemption identification number on the first day of
January or July, as the case may be, proceeding the date on

which such request is received and which is located within the
corporate limits of such municipality or the unincorporated
territory of such county, except that the list need not include
subsidiary organizations using an exemption identification
number issued to its parent organization as provided by Section
1g 1d of this Act.
(Source: P.A. 85-293; revised 11-18-11.)
Section 175. The Property Tax Code is amended by changing
Sections 15-168, 15-170, and 15-172 as follows:
(35 ILCS 200/15-168)
Sec. 15-168. Disabled persons' homestead exemption.
(a) Beginning with taxable year 2007, an annual homestead
exemption is granted to disabled persons in the amount of
$2,000, except as provided in subsection (c), to be deducted
from the property's value as equalized or assessed by the
Department of Revenue. The disabled person shall receive the
homestead exemption upon meeting the following requirements:
(1) The property must be occupied as the primary
residence by the disabled person.
(2) The disabled person must be liable for paying the
real estate taxes on the property.
(3) The disabled person must be an owner of record of
the property or have a legal or equitable interest in the
property as evidenced by a written instrument. In the case

of a leasehold interest in property, the lease must be for
a single family residence.
A person who is disabled during the taxable year is
eligible to apply for this homestead exemption during that
taxable year. Application must be made during the application
period in effect for the county of residence. If a homestead
exemption has been granted under this Section and the person
awarded the exemption subsequently becomes a resident of a
facility licensed under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act, then the exemption shall continue (i) so
long as the residence continues to be occupied by the
qualifying person's spouse or (ii) if the residence remains
unoccupied but is still owned by the person qualified for the
homestead exemption.
(b) For the purposes of this Section, "disabled person"
means a person unable to engage in any substantial gainful
activity by reason of a medically determinable physical or
mental impairment which can be expected to result in death or
has lasted or can be expected to last for a continuous period
of not less than 12 months. Disabled persons filing claims
under this Act shall submit proof of disability in such form
and manner as the Department shall by rule and regulation
prescribe. Proof that a claimant is eligible to receive
disability benefits under the Federal Social Security Act shall
constitute proof of disability for purposes of this Act.

Issuance of an Illinois Disabled Person Identification Card
stating that the claimant is under a Class 2 disability, as
defined in Section 4A of The Illinois Identification Card Act,
shall constitute proof that the person named thereon is a
disabled person for purposes of this Act. A disabled person not
covered under the Federal Social Security Act and not
presenting a Disabled Person Identification Card stating that
the claimant is under a Class 2 disability shall be examined by
a physician designated by the Department, and his status as a
disabled person determined using the same standards as used by
the Social Security Administration. The costs of any required
examination shall be borne by the claimant.
(c) For land improved with (i) an apartment building owned
and operated as a cooperative or (ii) a life care facility as
defined under Section 2 of the Life Care Facilities Act that is
considered to be a cooperative, the maximum reduction from the
value of the property, as equalized or assessed by the
Department, shall be multiplied by the number of apartments or
units occupied by a disabled person. The disabled person shall
receive the homestead exemption upon meeting the following
requirements:
(1) The property must be occupied as the primary
residence by the disabled person.
(2) The disabled person must be liable by contract with
the owner or owners of record for paying the apportioned
property taxes on the property of the cooperative or life

care facility. In the case of a life care facility, the
disabled person must be liable for paying the apportioned
property taxes under a life care contract as defined in
Section 2 of the Life Care Facilities Act.
(3) The disabled person must be an owner of record of a
legal or equitable interest in the cooperative apartment
building. A leasehold interest does not meet this
requirement.
If a homestead exemption is granted under this subsection, the
cooperative association or management firm shall credit the
savings resulting from the exemption to the apportioned tax
liability of the qualifying disabled person. The chief county
assessment officer may request reasonable proof that the
association or firm has properly credited the exemption. A
person who willfully refuses to credit an exemption to the
qualified disabled person is guilty of a Class B misdemeanor.
(d) The chief county assessment officer shall determine the
eligibility of property to receive the homestead exemption
according to guidelines established by the Department. After a
person has received an exemption under this Section, an annual
verification of eligibility for the exemption shall be mailed
to the taxpayer.
In counties with fewer than 3,000,000 inhabitants, the
chief county assessment officer shall provide to each person
granted 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 person's qualifying property. 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 an
administrative fee of $5 to the chief county assessment
officer. The assessment officer shall then file the executed
designation with the county collector, who shall issue the
duplicate notices as indicated by the designation. A
designation may be rescinded by the disabled person in the
manner required by the chief county assessment officer.
(e) A taxpayer who claims an exemption under Section 15-165
or 15-169 may not claim an exemption under this Section.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-12-11.)
(35 ILCS 200/15-170)
Sec. 15-170. Senior Citizens Homestead Exemption. An
annual homestead exemption limited, except as described here
with relation to cooperatives or life care facilities, to a
maximum reduction set forth below from the property's value, as
equalized or assessed by the Department, is granted for
property that is occupied as a residence by a person 65 years
of age or older who is liable for paying real estate taxes on
the property and is an owner of record of the property or has a

legal or equitable interest therein as evidenced by a written
instrument, except for a leasehold interest, other than a
leasehold interest of land on which a single family residence
is located, which is occupied as a residence by a person 65
years or older who has an ownership interest therein, legal,
equitable or as a lessee, and on which he or she is liable for
the payment of property taxes. Before taxable year 2004, the
maximum reduction shall be $2,500 in counties with 3,000,000 or
more inhabitants and $2,000 in all other counties. For taxable
years 2004 through 2005, the maximum reduction shall be $3,000
in all counties. For taxable years 2006 and 2007, the maximum
reduction shall be $3,500 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
the cooperative or facility shall credit the savings resulting
from that exemption only to the apportioned tax liability of
the owner or resident who qualified for the exemption. Any
person who willfully refuses to so credit the savings shall be
guilty of a Class B misdemeanor. Under this Section and
Sections 15-175, 15-176, and 15-177, "life care facility" means
a facility, as defined in Section 2 of the Life Care Facilities
Act, with which the applicant for the homestead exemption has a
life care contract as defined in that Act.
When a homestead exemption has been granted under this
Section and the person qualifying subsequently becomes a
resident of a facility licensed under the Assisted Living and
Shared Housing Act, the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act, or the ID/DD Community Care
Act, the exemption shall continue so long as the residence
continues to be occupied by the qualifying person's spouse if
the spouse is 65 years of age or older, or if the residence
remains unoccupied but is still owned by the person qualified
for the homestead exemption.
A person who will be 65 years of age during the current
assessment year shall be eligible to apply for the homestead

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

allowed a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the property of the person receiving the
exemption. The duplicate notice shall be in addition to the
notice required to be provided to the person receiving the
exemption, and shall be given in the manner required by this
Code. The person filing the request for the duplicate notice
shall pay a fee of $5 to cover administrative costs to the
supervisor of assessments, who shall then file the executed
designation with the county collector. Notwithstanding any
other provision of this Code to the contrary, the filing of
such an executed designation requires the county collector to
provide duplicate notices as indicated by the designation. A
designation may be rescinded by the person who executed such
designation at any time, in the manner and form required by the
chief county assessment officer.
The assessor or chief county assessment officer may
determine the eligibility of residential property to receive
the homestead exemption provided by this Section by
application, visual inspection, questionnaire or other
reasonable methods. The determination shall be made in
accordance with guidelines established by the Department.
In counties with 3,000,000 or more inhabitants, beginning
in taxable year 2010, each taxpayer who has been granted an
exemption under this Section must reapply on an annual basis.

The chief county assessment officer shall mail the application
to the taxpayer. In counties with less than 3,000,000
inhabitants, the county board may by resolution provide that if
a person has been granted a homestead exemption under this
Section, the person qualifying need not reapply for the
exemption.
In counties with less than 3,000,000 inhabitants, if the
assessor or chief county assessment officer requires annual
application for verification of eligibility for an exemption
once granted under this Section, the application shall be
mailed to the taxpayer.
The assessor or chief county assessment officer shall
notify each person who qualifies for an exemption under this
Section that the person may also qualify for deferral of real
estate taxes under the Senior Citizens Real Estate Tax Deferral
Act. The notice shall set forth the qualifications needed for
deferral of real estate taxes, the address and telephone number
of county collector, and a statement that applications for
deferral of real estate taxes may be obtained from the county
collector.
Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1418, eff. 8-2-10; 97-38, eff.
6-28-11; 97-227, eff. 1-1-12; revised 9-12-11.)

(35 ILCS 200/15-172)
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
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
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.
"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.
(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
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.
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
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, the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/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.
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
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
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
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
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
implementation of any mandate created by this Section.
(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
revised 9-12-11.)
Section 180. The Illinois Pension Code is amended by
changing Sections 2-124, 4-108.5, 5-136, 7-109, 7-205, 15-155,
16-158, 18-131, 22-101, and 22-103 as follows:
(40 ILCS 5/2-124) (from Ch. 108 1/2, par. 2-124)
Sec. 2-124. Contributions by State.
(a) The State shall make contributions to the System by
appropriations of amounts which, together with the
contributions of participants, interest earned on investments,
and other income will meet the cost of maintaining and
administering the System on a 90% funded basis in accordance
with actuarial recommendations.
(b) The Board shall determine the amount of State
contributions required for each fiscal year on the basis of the
actuarial tables and other assumptions adopted by the Board and
the prescribed rate of interest, using the formula in
subsection (c).

(c) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each
fiscal year shall be an amount determined by the System to be
sufficient to bring the total assets of the System up to 90% of
the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and
including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
For State fiscal years 1996 through 2005, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
so that by State fiscal year 2011, the State is contributing at
the rate required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2006 is
$4,157,000.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2007 is
$5,220,300.
For each of State fiscal years 2008 through 2009, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
from the required State contribution for State fiscal year
2007, so that by State fiscal year 2011, the State is

contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2010 is
$10,454,000 and shall be made from the proceeds of bonds sold
in fiscal year 2010 pursuant to Section 7.2 of the General
Obligation Bond Act, less (i) the pro rata share of bond sale
expenses determined by the System's share of total bond
proceeds, (ii) any amounts received from the General Revenue
Fund in fiscal year 2010, and (iii) any reduction in bond
proceeds due to the issuance of discounted bonds, if
applicable.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011 is
the amount recertified by the System on or before April 1, 2011
pursuant to Section 2-134 and shall be made from the proceeds
of bonds sold in fiscal year 2011 pursuant to Section 7.2 of
the General Obligation Bond Act, less (i) the pro rata share of
bond sale expenses determined by the System's share of total
bond proceeds, (ii) any amounts received from the General
Revenue Fund in fiscal year 2011, and (iii) any reduction in
bond proceeds due to the issuance of discounted bonds, if
applicable.
Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed to
maintain the total assets of the System at 90% of the total
actuarial liabilities of the System.

Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State
Finance Act in any fiscal year do not reduce and do not
constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a
funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the
System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as calculated
under this Section and certified under Section 2-134, shall not
exceed an amount equal to (i) the amount of the required State
contribution that would have been calculated under this Section
for that fiscal year if the System had not received any
payments under subsection (d) of Section 7.2 of the General
Obligation Bond Act, minus (ii) the portion of the State's
total debt service payments for that fiscal year on the bonds
issued in fiscal year 2003 for the purposes of that Section
7.2, as determined and certified by the Comptroller, that is
the same as the System's portion of the total moneys
distributed under subsection (d) of Section 7.2 of the General

Obligation Bond Act. In determining this maximum for State
fiscal years 2008 through 2010, however, the amount referred to
in item (i) shall be increased, as a percentage of the
applicable employee payroll, in equal increments calculated
from the sum of the required State contribution for State
fiscal year 2007 plus the applicable portion of the State's
total debt service payments for fiscal year 2007 on the bonds
issued in fiscal year 2003 for the purposes of Section 7.2 of
the General Obligation Bond Act, so that, by State fiscal year
2011, the State is contributing at the rate otherwise required
under this Section.
(d) 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.
(e) For purposes of determining the required State
contribution to the system for a particular year, the actuarial
value of assets shall be assumed to earn a rate of return equal
to the system's actuarially assumed rate of return.

(Source: P.A. 95-950, eff. 8-29-08; 96-43, eff. 7-15-09;
96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11; 96-1554, eff.
3-18-11; revised 4-6-11.)
(40 ILCS 5/4-108.5)
Sec. 4-108.5. Service for providing certain fire
protection services.
(a) A firefighter for a participating municipality who was
employed as an active firefighter providing fire protection for
a village or incorporated town with a population of greater
than 10,000 but less than that 11,000 located in a county with
a population of greater than 600,000 and less than 700,000, as
estimated by the United States Census on July 1, 2004, may
elect to establish creditable service for periods of that
employment in which the firefighter provided fire protection
services for the participating municipality if, by May 1, 2007,
the firefighter (i) makes written application to the Board and
(ii) pays into the pension fund the amount that the person
would have contributed had deductions from salary been made for
this purpose at the time the service was rendered, plus
interest thereon at 6% per annum compounded annually from the
time the service was rendered until the date of payment.
(b) Time spent providing fire protection on a part-time
basis for a village or incorporated town with a population of
greater than 10,000 but less than 11,000 located in a county
with a population of greater than 600,000 and less than

700,000, as estimated by the United States Census on July 1,
2004, shall be calculated at the rate of one year of creditable
service for each 5 years of time spent providing such fire
protection, if the firefighter (i) has at least 5 years of
creditable service as an active firefighter, (ii) has at least
5 years of such service with a qualifying village or
incorporated town, (iii) applies for the creditable service
within 30 days after the effective date of this amendatory Act
of the 94th General Assembly, and (iv) contributes to the Fund
an amount representing employee contributions for the number of
years of creditable service granted under this subsection (b)
based on the salary and contribution rate in effect for the
firefighter at the date of entry into the fund, as determined
by the Board. The amount of creditable service granted under
this subsection (b) may not exceed 3 years.
(Source: P.A. 94-856, eff. 6-15-06; revised 11-18-11.)
(40 ILCS 5/5-136) (from Ch. 108 1/2, par. 5-136)
Sec. 5-136. Widow's annuity - all employees attaining age
57 in service. The annuity for the wife of an employee who
attains age 57 in service, and who thereafter withdraws from or
dies in service, shall be fixed, in the case of a future
entrant, as of her age at the date of his withdrawal or death,
whichever first occurs, and, in the case of a present employee,
as of her age when the employee withdraws from or dies in
service.

The widow is entitled to annuity from and after the
employee's death, as follows:
If the employee withdraws from service and enters upon
annuity, the annuity shall be that amount provided from his
credit for widow's annuity, and widow's prior service annuity
(if a present employee), at the time he withdraws from or dies
in service after attainment of age 57, but shall not be less
than that 40% of the amount of annuity earned by the employee
at the time of his withdrawal from the service after his
attainment of age 57 or not less than 40% of the amount of
annuity accrued to the credit of the employee on date of his
death in service after his attainment of age 57 computed
according to Section 5-132, subject to the limitations of
Section 5-148, but shall not be less than $100 per month. If
the widow is more than 5 years younger than her husband, the
40% annuity for the widow shall be reduced to the actuarial
equivalent of her attained age, on the basis of the Combined
Annuity Table 3% interest.
The widow of a policeman who retires from service after
December 31, 1975 or who dies while in service after December
31, 1975 and on or after the date on which he becomes eligible
to retire under Section 5-132 shall, if she is otherwise
eligible for a widow's annuity under this Article and if the
amount determined under this paragraph is more than the total
combined amounts of her widow's annuity and widow's prior
service annuity, or the annuities provided hereinbefore in this

Section receive, in lieu of such other widow's annuity and
widow's prior service annuity, or annuities provided
hereinbefore in this Section a widow's annuity equal to 40% of
the amount of annuity which her deceased policeman husband
received as of the date of his retirement on annuity or if he
dies in the service prior to retirement on annuity a widow's
annuity equal to 40% of the amount of annuity her deceased
policeman husband would have been entitled to receive if he had
retired on the day before the date of his death in the service,
except that if the age of the wife at date of retirement or the
age of the widow at date of death in the service is more than 5
years younger than her policeman husband, the amount of such
annuity shall be reduced by 1/2 of 1% for each such month and
fraction thereof that she is more than 5 years younger at date
of retirement or at date of death subject to a maximum
reduction of 50%. However, no annuity under this Section shall
exceed $500.00 per month.
This Section does not apply to the widow of any former
policeman who was receiving an annuity from the fund on
December 31, 1975 and who reenters service as a policeman,
unless he renders at least 3 years of additional service after
re-entry.
(Source: P.A. 90-14, eff. 7-1-97; revised 11-18-11.)
(40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
Sec. 7-109. Employee.

(1) "Employee" means any person who:
(a) 1. Receives earnings as payment for the performance
of personal services or official duties out of the
general fund of a municipality, or out of any special
fund or funds controlled by a municipality, or by an
instrumentality thereof, or a participating
instrumentality, including, in counties, the fees or
earnings of any county fee office; and
2. Under the usual common law rules applicable in
determining the employer-employee relationship, has
the status of an employee with a municipality, or any
instrumentality thereof, or a participating
instrumentality, including aldermen, county
supervisors and other persons (excepting those
employed as independent contractors) who are paid
compensation, fees, allowances or other emolument for
official duties, and, in counties, the several county
fee offices.
(b) Serves as a township treasurer appointed under the
School Code, as heretofore or hereafter amended, and who
receives for such services regular compensation as
distinguished from per diem compensation, and any regular
employee in the office of any township treasurer whether or
not his earnings are paid from the income of the permanent
township fund or from funds subject to distribution to the
several school districts and parts of school districts as

provided in the School Code, or from both such sources; or
is the chief executive officer, chief educational officer,
chief fiscal officer, or other employee of a Financial
Oversight Panel established pursuant to Article 1H of the
School Code, other than a superintendent or certified
school business official, except that such person shall not
be treated as an employee under this Section if that person
has negotiated with the Financial Oversight Panel, in
conjunction with the school district, a contractual
agreement for exclusion from this Section.
(c) Holds an elective office in a municipality,
instrumentality thereof or participating instrumentality.
(2) "Employee" does not include persons who:
(a) Are eligible for inclusion under any of the
following laws:
1. "An Act in relation to an Illinois State
Teachers' Pension and Retirement Fund", approved May
27, 1915, as amended;
2. Articles 15 and 16 of this Code.
However, such persons shall be included as employees to
the extent of earnings that are not eligible for inclusion
under the foregoing laws for services not of an
instructional nature of any kind.
However, any member of the armed forces who is employed
as a teacher of subjects in the Reserve Officers Training
Corps of any school and who is not certified under the law

governing the certification of teachers shall be included
as an employee.
(b) Are designated by the governing body of a
municipality in which a pension fund is required by law to
be established for policemen or firemen, respectively, as
performing police or fire protection duties, except that
when such persons are the heads of the police or fire
department and are not eligible to be included within any
such pension fund, they shall be included within this
Article; provided, that such persons shall not be excluded
to the extent of concurrent service and earnings not
designated as being for police or fire protection duties.
However, (i) any head of a police department who was a
participant under this Article immediately before October
1, 1977 and did not elect, under Section 3-109 of this Act,
to participate in a police pension fund shall be an
"employee", and (ii) any chief of police who elects to
participate in this Fund under Section 3-109.1 of this
Code, regardless of whether such person continues to be
employed as chief of police or is employed in some other
rank or capacity within the police department, shall be an
employee under this Article for so long as such person is
employed to perform police duties by a participating
municipality and has not lawfully rescinded that election.
(c) After August 26, 2011 (the effective date of Public
Act 97-609) this amendatory Act of the 97th General

Assembly, are contributors to or eligible to contribute to
a Taft-Hartley pension plan established on or before June
1, 2011 and are employees of a theatre, arena, or
convention center that is located in a municipality located
in a county with a population greater than 5,000,000, and
to which the participating municipality is required to
contribute as the person's employer based on earnings from
the municipality. Nothing in this paragraph shall affect
service credit or creditable service for any period of
service prior to August 26, 2011 the effective date of this
amendatory Act of the 97th General Assembly, and this
paragraph shall not apply to individuals who are
participating in the Fund prior to August 26, 2011 the
effective date of this amendatory Act of the 97th General
Assembly.
(3) All persons, including, without limitation, public
defenders and probation officers, who receive earnings from
general or special funds of a county for performance of
personal services or official duties within the territorial
limits of the county, are employees of the county (unless
excluded by subsection (2) of this Section) notwithstanding
that they may be appointed by and are subject to the direction
of a person or persons other than a county board or a county
officer. It is hereby established that an employer-employee
relationship under the usual common law rules exists between
such employees and the county paying their salaries by reason

of the fact that the county boards fix their rates of
compensation, appropriate funds for payment of their earnings
and otherwise exercise control over them. This finding and this
amendatory Act shall apply to all such employees from the date
of appointment whether such date is prior to or after the
effective date of this amendatory Act and is intended to
clarify existing law pertaining to their status as
participating employees in the Fund.
(Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11;
revised 9-28-11.)
(40 ILCS 5/7-205) (from Ch. 108 1/2, par. 7-205)
Sec. 7-205. Reserves for annuities. Appropriate reserves
shall be created for payment of all annuities granted under
this Article at the time such annuities are granted and in
amounts determined to be necessary under actuarial tables
adopted by the Board upon recommendation of the actuary of the
fund. All annuities payable shall be charged to the annuity
reserve.
1. Amounts credited to annuity reserves shall be derived by
transfer of all the employee credits from the appropriate
employee reserves and by charges to the municipality reserve of
those municipalities in which the retiring employee has
accumulated service. If a retiring employee has accumulated
service in more than one participating municipality or
participating instrumentality, the municipality charges for

non-concurrent service shall be calculated as follows:
(A) for purposes of calculating the annuity reserve, an
annuity will be calculated based on service and adjusted
earnings with each employer (without regard to the vesting
requirement contained in subsection (a) of Section 7-142);
and
(B) the difference between the municipality charges
for the actual annuity granted and the aggregation of the
municipality charges based upon the ratio of each from
those calculations to the aggregated total from paragraph
(A) of this item 1.
Aggregate municipality charges for concurrent service
shall be prorated based on the employee's earnings. The
municipality charges for retirement annuities calculated under
subparagraph a. of paragraph subparagraph 1. of subsection (a)
of Section 7-142 shall be prorated based on actual
contributions .
2. Supplemental annuities shall be handled as a separate
annuity and amounts to be credited to the annuity reserve
therefor shall be derived in the same manner as a regular
annuity.
3. When a retirement annuity is granted to an employee with
a spouse eligible for a surviving spouse annuity, there shall
be credited to the annuity reserve an amount to fund the cost
of both the retirement and surviving spouse annuity as a joint
and survivors annuity.

4. Beginning January 1, 1989, when a retirement annuity is
awarded, an amount equal to the present value of the $3,000
death benefit payable upon the death of the annuitant shall be
transferred to the annuity reserve from the appropriate
municipality reserves in the same manner as the transfer for
annuities.
5. All annuity reserves shall be revalued annually as of
December 31. Beginning as of December 31, 1973, adjustment
required therein by such revaluation shall be charged or
credited to the earnings and experience variation reserve.
6. There shall be credited to the annuity reserve all of
the payments made by annuitants under Section 7-144.2, plus an
additional amount from the earnings and experience variation
reserve to fund the cost of the incremental annuities granted
to annuitants making these payments.
7. As of December 31, 1972, the excess in the annuity
reserve shall be transferred to the municipality reserves. An
amount equal to the deficiency in the reserve of participating
municipalities and participating instrumentalities which have
no participating employees shall be allocated to their
reserves. The remainder shall be allocated in amounts
proportionate to the present value, as of January 1, 1972, of
annuities of annuitants of the remaining participating
municipalities and participating instrumentalities.
(Source: P.A. 97-319, eff. 1-1-12; 97-609, eff. 1-1-12; revised
9-28-11.)

(40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
Sec. 15-155. Employer contributions.
(a) The State of Illinois shall make contributions by
appropriations of amounts which, together with the other
employer contributions from trust, federal, and other funds,
employee contributions, income from investments, and other
income of this System, will be sufficient to meet the cost of
maintaining and administering the System on a 90% funded basis
in accordance with actuarial recommendations.
The Board shall determine the amount of State contributions
required for each fiscal year on the basis of the actuarial
tables and other assumptions adopted by the Board and the
recommendations of the actuary, using the formula in subsection
(a-1).
(a-1) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each
fiscal year shall be an amount determined by the System to be
sufficient to bring the total assets of the System up to 90% of
the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and
including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
For State fiscal years 1996 through 2005, the State

contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
so that by State fiscal year 2011, the State is contributing at
the rate required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2006 is
$166,641,900.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2007 is
$252,064,100.
For each of State fiscal years 2008 through 2009, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
from the required State contribution for State fiscal year
2007, so that by State fiscal year 2011, the State is
contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2010 is
$702,514,000 and shall be made from the State Pensions Fund and
proceeds of bonds sold in fiscal year 2010 pursuant to Section
7.2 of the General Obligation Bond Act, less (i) the pro rata
share of bond sale expenses determined by the System's share of
total bond proceeds, (ii) any amounts received from the General
Revenue Fund in fiscal year 2010, (iii) any reduction in bond
proceeds due to the issuance of discounted bonds, if
applicable.

Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011 is
the amount recertified by the System on or before April 1, 2011
pursuant to Section 15-165 and shall be made from the State
Pensions Fund and proceeds of bonds sold in fiscal year 2011
pursuant to Section 7.2 of the General Obligation Bond Act,
less (i) the pro rata share of bond sale expenses determined by
the System's share of total bond proceeds, (ii) any amounts
received from the General Revenue Fund in fiscal year 2011, and
(iii) any reduction in bond proceeds due to the issuance of
discounted bonds, if applicable.
Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed to
maintain the total assets of the System at 90% of the total
actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State
Finance Act in any fiscal year do not reduce and do not
constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a
funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the

System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as calculated
under this Section and certified under Section 15-165, shall
not exceed an amount equal to (i) the amount of the required
State contribution that would have been calculated under this
Section for that fiscal year if the System had not received any
payments under subsection (d) of Section 7.2 of the General
Obligation Bond Act, minus (ii) the portion of the State's
total debt service payments for that fiscal year on the bonds
issued in fiscal year 2003 for the purposes of that Section
7.2, as determined and certified by the Comptroller, that is
the same as the System's portion of the total moneys
distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State
fiscal years 2008 through 2010, however, the amount referred to
in item (i) shall be increased, as a percentage of the
applicable employee payroll, in equal increments calculated
from the sum of the required State contribution for State
fiscal year 2007 plus the applicable portion of the State's
total debt service payments for fiscal year 2007 on the bonds
issued in fiscal year 2003 for the purposes of Section 7.2 of
the General Obligation Bond Act, so that, by State fiscal year
2011, the State is contributing at the rate otherwise required
under this Section.

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

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

System, but shall not include the principal of or any
redemption premium or interest on any bonds issued by the Board
or any expenses incurred or deposits required in connection
therewith.
(g) If the amount of a participant's earnings for any
academic year used to determine the final rate of earnings,
determined on a full-time equivalent basis, exceeds the amount
of his or her earnings with the same employer for the previous
academic year, determined on a full-time equivalent basis, by
more than 6%, the participant's employer shall pay to the
System, in addition to all other payments required under this
Section and in accordance with guidelines established by the
System, the present value of the increase in benefits resulting
from the portion of the increase in earnings that is in excess
of 6%. This present value shall be computed by the System on
the basis of the actuarial assumptions and tables used in the
most recent actuarial valuation of the System that is available
at the time of the computation. The System may require the
employer to provide any pertinent information or
documentation.
Whenever it determines that a payment is or may be required
under this subsection (g), the System shall calculate the
amount of the payment and bill the employer for that amount.
The bill shall specify the calculations used to determine the
amount due. If the employer disputes the amount of the bill, it
may, within 30 days after receipt of the bill, apply to the

System in writing for a recalculation. The application must
specify in detail the grounds of the dispute and, if the
employer asserts that the calculation is subject to subsection
(h) or (i) of this Section, must include an affidavit setting
forth and attesting to all facts within the employer's
knowledge that are pertinent to the applicability of subsection
(h) or (i). Upon receiving a timely application for
recalculation, the System shall review the application and, if
appropriate, recalculate the amount due.
The employer contributions required under this subsection
(f) may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not paid
within 90 days after receipt of the bill, then interest will be
charged at a rate equal to the System's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after the employer's receipt of the
bill.
(h) This subsection (h) applies only to payments made or
salary increases given on or after June 1, 2005 but before July
1, 2011. The changes made by Public Act 94-1057 shall not
require the System to refund any payments received before July
31, 2006 (the effective date of Public Act 94-1057).
When assessing payment for any amount due under subsection
(g), the System shall exclude earnings increases paid to
participants under contracts or collective bargaining

agreements entered into, amended, or renewed before June 1,
2005.
When assessing payment for any amount due under subsection
(g), the System shall exclude earnings increases paid to a
participant at a time when the participant is 10 or more years
from retirement eligibility under Section 15-135.
When assessing payment for any amount due under subsection
(g), the System shall exclude earnings increases resulting from
overload work, including a contract for summer teaching, or
overtime when the employer has certified to the System, and the
System has approved the certification, that: (i) in the case of
overloads (A) the overload work is for the sole purpose of
academic instruction in excess of the standard number of
instruction hours for a full-time employee occurring during the
academic year that the overload is paid and (B) the earnings
increases are equal to or less than the rate of pay for
academic instruction computed using the participant's current
salary rate and work schedule; and (ii) in the case of
overtime, the overtime was necessary for the educational
mission.
When assessing payment for any amount due under subsection
(g), the System shall exclude any earnings increase resulting
from (i) a promotion for which the employee moves from one
classification to a higher classification under the State
Universities Civil Service System, (ii) a promotion in academic
rank for a tenured or tenure-track faculty position, or (iii) a

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

recalculations required by Public Act 94-1057.
(3) The total amount the System received from each
employer as a result of the changes made to this Section by
Public Act 94-4.
(4) The increase in the required State contribution
resulting from the changes made to this Section by Public
Act 94-1057.
(k) The Illinois Community College Board shall adopt rules
for recommending lists of promotional positions submitted to
the Board by community colleges and for reviewing the
promotional lists on an annual basis. When recommending
promotional lists, the Board shall consider the similarity of
the positions submitted to those positions recognized for State
universities by the State Universities Civil Service System.
The Illinois Community College Board shall file a copy of its
findings with the System. The System shall consider the
findings of the Illinois Community College Board when making
determinations under this Section. The System shall not exclude
any earnings increases resulting from a promotion when the
promotion was not submitted by a community college. Nothing in
this subsection (k) shall require any community college to
submit any information to the Community College Board.
(l) For purposes of determining the required State
contribution to the System, the value of the System's assets
shall be equal to the actuarial value of the System's assets,
which shall be calculated as follows:

As of June 30, 2008, the actuarial value of the System's
assets shall be equal to the market value of the assets as of
that date. In determining the actuarial value of the System's
assets for fiscal years after June 30, 2008, any actuarial
gains or losses from investment return incurred in a fiscal
year shall be recognized in equal annual amounts over the
5-year period following that fiscal year.
(m) For purposes of determining the required State
contribution to the system for a particular year, the actuarial
value of assets shall be assumed to earn a rate of return equal
to the system's actuarially assumed rate of return.
(Source: P.A. 95-331, eff. 8-21-07; 95-950, eff. 8-29-08;
96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; 96-1511, eff.
1-27-11; 96-1554, eff. 3-18-11; revised 4-6-11.)
(40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
Sec. 16-158. Contributions by State and other employing
units.
(a) The State shall make contributions to the System by
means of appropriations from the Common School Fund and other
State funds of amounts which, together with other employer
contributions, employee contributions, investment income, and
other income, will be sufficient to meet the cost of
maintaining and administering the System on a 90% funded basis
in accordance with actuarial recommendations.
The Board shall determine the amount of State contributions

required for each fiscal year on the basis of the actuarial
tables and other assumptions adopted by the Board and the
recommendations of the actuary, using the formula in subsection
(b-3).
(a-1) Annually, on or before November 15, the Board shall
certify to the Governor the amount of the required State
contribution for the coming fiscal year. The certification
shall include a copy of the actuarial recommendations upon
which it is based.
On or before May 1, 2004, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2005, taking
into account the amounts appropriated to and received by the
System under subsection (d) of Section 7.2 of the General
Obligation Bond Act.
On or before July 1, 2005 April 1, 2011, the Board shall
recalculate and recertify to the Governor the amount of the
required State contribution to the System for State fiscal year
2006, taking into account the changes in required State
contributions made by this amendatory Act of the 94th General
Assembly.
On or before April 1, 2011 June 15, 2010, the Board shall
recalculate and recertify to the Governor the amount of the
required State contribution to the System for State fiscal year
2011, applying the changes made by Public Act 96-889 to the
System's assets and liabilities as of June 30, 2009 as though

Public Act 96-889 was approved on that date.
(b) Through State fiscal year 1995, the State contributions
shall be paid to the System in accordance with Section 18-7 of
the School Code.
(b-1) Beginning in State fiscal year 1996, on the 15th day
of each month, or as soon thereafter as may be practicable, the
Board shall submit vouchers for payment of State contributions
to the System, in a total monthly amount of one-twelfth of the
required annual State contribution certified under subsection
(a-1). From the effective date of this amendatory Act of the
93rd General Assembly through June 30, 2004, the Board shall
not submit vouchers for the remainder of fiscal year 2004 in
excess of the fiscal year 2004 certified contribution amount
determined under this Section after taking into consideration
the transfer to the System under subsection (a) of Section
6z-61 of the State Finance Act. These vouchers shall be paid by
the State Comptroller and Treasurer by warrants drawn on the
funds appropriated to the System for that fiscal year.
If in any month the amount remaining unexpended from all
other appropriations to the System for the applicable fiscal
year (including the appropriations to the System under Section
8.12 of the State Finance Act and Section 1 of the State
Pension Funds Continuing Appropriation Act) is less than the
amount lawfully vouchered under this subsection, the
difference shall be paid from the Common School Fund under the
continuing appropriation authority provided in Section 1.1 of

the State Pension Funds Continuing Appropriation Act.
(b-2) Allocations from the Common School Fund apportioned
to school districts not coming under this System shall not be
diminished or affected by the provisions of this Article.
(b-3) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each
fiscal year shall be an amount determined by the System to be
sufficient to bring the total assets of the System up to 90% of
the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and
including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
For State fiscal years 1996 through 2005, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
so that by State fiscal year 2011, the State is contributing at
the rate required under this Section; except that in the
following specified State fiscal years, the State contribution
to the System shall not be less than the following indicated
percentages of the applicable employee payroll, even if the
indicated percentage will produce a State contribution in
excess of the amount otherwise required under this subsection
and subsection (a), and notwithstanding any contrary
certification made under subsection (a-1) before the effective

date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%
in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY
2003; and 13.56% in FY 2004.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2006 is
$534,627,700.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2007 is
$738,014,500.
For each of State fiscal years 2008 through 2009, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
from the required State contribution for State fiscal year
2007, so that by State fiscal year 2011, the State is
contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2010 is
$2,089,268,000 and shall be made from the proceeds of bonds
sold in fiscal year 2010 pursuant to Section 7.2 of the General
Obligation Bond Act, less (i) the pro rata share of bond sale
expenses determined by the System's share of total bond
proceeds, (ii) any amounts received from the Common School Fund
in fiscal year 2010, and (iii) any reduction in bond proceeds
due to the issuance of discounted bonds, if applicable.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011 is

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

funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the
System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as calculated
under this Section and certified under subsection (a-1), shall
not exceed an amount equal to (i) the amount of the required
State contribution that would have been calculated under this
Section for that fiscal year if the System had not received any
payments under subsection (d) of Section 7.2 of the General
Obligation Bond Act, minus (ii) the portion of the State's
total debt service payments for that fiscal year on the bonds
issued in fiscal year 2003 for the purposes of that Section
7.2, as determined and certified by the Comptroller, that is
the same as the System's portion of the total moneys
distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State
fiscal years 2008 through 2010, however, the amount referred to
in item (i) shall be increased, as a percentage of the
applicable employee payroll, in equal increments calculated
from the sum of the required State contribution for State
fiscal year 2007 plus the applicable portion of the State's
total debt service payments for fiscal year 2007 on the bonds
issued in fiscal year 2003 for the purposes of Section 7.2 of

the General Obligation Bond Act, so that, by State fiscal year
2011, the State is contributing at the rate otherwise required
under this Section.
(c) Payment of the required State contributions and of all
pensions, retirement annuities, death benefits, refunds, and
other benefits granted under or assumed by this System, and all
expenses in connection with the administration and operation
thereof, are obligations of the State.
If members are paid from special trust or federal funds
which are administered by the employing unit, whether school
district or other unit, the employing unit shall pay to the
System from such funds the full accruing retirement costs based
upon that service, as determined by the System. Employer
contributions, based on salary paid to members from federal
funds, may be forwarded by the distributing agency of the State
of Illinois to the System prior to allocation, in an amount
determined in accordance with guidelines established by such
agency and the System.
(d) Effective July 1, 1986, any employer of a teacher as
defined in paragraph (8) of Section 16-106 shall pay the
employer's normal cost of benefits based upon the teacher's
service, in addition to employee contributions, as determined
by the System. Such employer contributions shall be forwarded
monthly in accordance with guidelines established by the
System.
However, with respect to benefits granted under Section

16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
of Section 16-106, the employer's contribution shall be 12%
(rather than 20%) of the member's highest annual salary rate
for each year of creditable service granted, and the employer
shall also pay the required employee contribution on behalf of
the teacher. For the purposes of Sections 16-133.4 and
16-133.5, a teacher as defined in paragraph (8) of Section
16-106 who is serving in that capacity while on leave of
absence from another employer under this Article shall not be
considered an employee of the employer from which the teacher
is on leave.
(e) Beginning July 1, 1998, every employer of a teacher
shall pay to the System an employer contribution computed as
follows:
(1) Beginning July 1, 1998 through June 30, 1999, the
employer contribution shall be equal to 0.3% of each
teacher's salary.
(2) Beginning July 1, 1999 and thereafter, the employer
contribution shall be equal to 0.58% of each teacher's
salary.
The school district or other employing unit may pay these
employer contributions out of any source of funding available
for that purpose and shall forward the contributions to the
System on the schedule established for the payment of member
contributions.
These employer contributions are intended to offset a

portion of the cost to the System of the increases in
retirement benefits resulting from this amendatory Act of 1998.
Each employer of teachers is entitled to a credit against
the contributions required under this subsection (e) with
respect to salaries paid to teachers for the period January 1,
2002 through June 30, 2003, equal to the amount paid by that
employer under subsection (a-5) of Section 6.6 of the State
Employees Group Insurance Act of 1971 with respect to salaries
paid to teachers for that period.
The additional 1% employee contribution required under
Section 16-152 by this amendatory Act of 1998 is the
responsibility of the teacher and not the teacher's employer,
unless the employer agrees, through collective bargaining or
otherwise, to make the contribution on behalf of the teacher.
If an employer is required by a contract in effect on May
1, 1998 between the employer and an employee organization to
pay, on behalf of all its full-time employees covered by this
Article, all mandatory employee contributions required under
this Article, then the employer shall be excused from paying
the employer contribution required under this subsection (e)
for the balance of the term of that contract. The employer and
the employee organization shall jointly certify to the System
the existence of the contractual requirement, in such form as
the System may prescribe. This exclusion shall cease upon the
termination, extension, or renewal of the contract at any time
after May 1, 1998.

(f) If the amount of a teacher's salary for any school year
used to determine final average salary exceeds the member's
annual full-time salary rate with the same employer for the
previous school year by more than 6%, the teacher's employer
shall pay to the System, in addition to all other payments
required under this Section and in accordance with guidelines
established by the System, the present value of the increase in
benefits resulting from the portion of the increase in salary
that is in excess of 6%. This present value shall be computed
by the System on the basis of the actuarial assumptions and
tables used in the most recent actuarial valuation of the
System that is available at the time of the computation. If a
teacher's salary for the 2005-2006 school year is used to
determine final average salary under this subsection (f), then
the changes made to this subsection (f) by Public Act 94-1057
shall apply in calculating whether the increase in his or her
salary is in excess of 6%. For the purposes of this Section,
change in employment under Section 10-21.12 of the School Code
on or after June 1, 2005 shall constitute a change in employer.
The System may require the employer to provide any pertinent
information or documentation. The changes made to this
subsection (f) by this amendatory Act of the 94th General
Assembly apply without regard to whether the teacher was in
service on or after its effective date.
Whenever it determines that a payment is or may be required
under this subsection, the System shall calculate the amount of

the payment and bill the employer for that amount. The bill
shall specify the calculations used to determine the amount
due. If the employer disputes the amount of the bill, it may,
within 30 days after receipt of the bill, apply to the System
in writing for a recalculation. The application must specify in
detail the grounds of the dispute and, if the employer asserts
that the calculation is subject to subsection (g) or (h) of
this Section, must include an affidavit setting forth and
attesting to all facts within the employer's knowledge that are
pertinent to the applicability of that subsection. Upon
receiving a timely application for recalculation, the System
shall review the application and, if appropriate, recalculate
the amount due.
The employer contributions required under this subsection
(f) may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not paid
within 90 days after receipt of the bill, then interest will be
charged at a rate equal to the System's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after the employer's receipt of the
bill.
(g) This subsection (g) applies only to payments made or
salary increases given on or after June 1, 2005 but before July
1, 2011. The changes made by Public Act 94-1057 shall not
require the System to refund any payments received before July

31, 2006 (the effective date of Public Act 94-1057).
When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases paid to teachers
under contracts or collective bargaining agreements entered
into, amended, or renewed before June 1, 2005.
When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases paid to a
teacher at a time when the teacher is 10 or more years from
retirement eligibility under Section 16-132 or 16-133.2.
When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases resulting from
overload work, including summer school, when the school
district has certified to the System, and the System has
approved the certification, that (i) the overload work is for
the sole purpose of classroom instruction in excess of the
standard number of classes for a full-time teacher in a school
district during a school year and (ii) the salary increases are
equal to or less than the rate of pay for classroom instruction
computed on the teacher's current salary and work schedule.
When assessing payment for any amount due under subsection
(f), the System shall exclude a salary increase resulting from
a promotion (i) for which the employee is required to hold a
certificate or supervisory endorsement issued by the State
Teacher Certification Board that is a different certification
or supervisory endorsement than is required for the teacher's
previous position and (ii) to a position that has existed and

been filled by a member for no less than one complete academic
year and the salary increase from the promotion is an increase
that results in an amount no greater than the lesser of the
average salary paid for other similar positions in the district
requiring the same certification or the amount stipulated in
the collective bargaining agreement for a similar position
requiring the same certification.
When assessing payment for any amount due under subsection
(f), the System shall exclude any payment to the teacher from
the State of Illinois or the State Board of Education over
which the employer does not have discretion, notwithstanding
that the payment is included in the computation of final
average salary.
(h) When assessing payment for any amount due under
subsection (f), the System shall exclude any salary increase
described in subsection (g) of this Section given on or after
July 1, 2011 but before July 1, 2014 under a contract or
collective bargaining agreement entered into, amended, or
renewed on or after June 1, 2005 but before July 1, 2011.
Notwithstanding any other provision of this Section, any
payments made or salary increases given after June 30, 2014
shall be used in assessing payment for any amount due under
subsection (f) of this Section.
(i) The System shall prepare a report and file copies of
the report with the Governor and the General Assembly by
January 1, 2007 that contains all of the following information:

(1) The number of recalculations required by the
changes made to this Section by Public Act 94-1057 for each
employer.
(2) The dollar amount by which each employer's
contribution to the System was changed due to
recalculations required by Public Act 94-1057.
(3) The total amount the System received from each
employer as a result of the changes made to this Section by
Public Act 94-4.
(4) The increase in the required State contribution
resulting from the changes made to this Section by Public
Act 94-1057.
(j) For purposes of determining the required State
contribution to the System, the value of the System's assets
shall be equal to the actuarial value of the System's assets,
which shall be calculated as follows:
As of June 30, 2008, the actuarial value of the System's
assets shall be equal to the market value of the assets as of
that date. In determining the actuarial value of the System's
assets for fiscal years after June 30, 2008, any actuarial
gains or losses from investment return incurred in a fiscal
year shall be recognized in equal annual amounts over the
5-year period following that fiscal year.
(k) For purposes of determining the required State
contribution to the system for a particular year, the actuarial
value of assets shall be assumed to earn a rate of return equal

to the system's actuarially assumed rate of return.
(Source: P.A. 95-331, eff. 8-21-07; 95-950, eff. 8-29-08;
96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; 96-1511, eff.
1-27-11; 96-1554, eff. 3-18-11; revised 4-6-11.)
(40 ILCS 5/18-131) (from Ch. 108 1/2, par. 18-131)
Sec. 18-131. Financing; employer contributions.
(a) The State of Illinois shall make contributions to this
System by appropriations of the amounts which, together with
the contributions of participants, net earnings on
investments, and other income, will meet the costs of
maintaining and administering this System on a 90% funded basis
in accordance with actuarial recommendations.
(b) The Board shall determine the amount of State
contributions required for each fiscal year on the basis of the
actuarial tables and other assumptions adopted by the Board and
the prescribed rate of interest, using the formula in
subsection (c).
(c) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each
fiscal year shall be an amount determined by the System to be
sufficient to bring the total assets of the System up to 90% of
the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and

including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
For State fiscal years 1996 through 2005, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
so that by State fiscal year 2011, the State is contributing at
the rate required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2006 is
$29,189,400.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2007 is
$35,236,800.
For each of State fiscal years 2008 through 2009, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
from the required State contribution for State fiscal year
2007, so that by State fiscal year 2011, the State is
contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2010 is
$78,832,000 and shall be made from the proceeds of bonds sold
in fiscal year 2010 pursuant to Section 7.2 of the General
Obligation Bond Act, less (i) the pro rata share of bond sale
expenses determined by the System's share of total bond
proceeds, (ii) any amounts received from the General Revenue

Fund in fiscal year 2010, and (iii) any reduction in bond
proceeds due to the issuance of discounted bonds, if
applicable.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011 is
the amount recertified by the System on or before April 1, 2011
pursuant to Section 18-140 and shall be made from the proceeds
of bonds sold in fiscal year 2011 pursuant to Section 7.2 of
the General Obligation Bond Act, less (i) the pro rata share of
bond sale expenses determined by the System's share of total
bond proceeds, (ii) any amounts received from the General
Revenue Fund in fiscal year 2011, and (iii) any reduction in
bond proceeds due to the issuance of discounted bonds, if
applicable.
Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed to
maintain the total assets of the System at 90% of the total
actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State
Finance Act in any fiscal year do not reduce and do not
constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a

funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the
System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as calculated
under this Section and certified under Section 18-140, shall
not exceed an amount equal to (i) the amount of the required
State contribution that would have been calculated under this
Section for that fiscal year if the System had not received any
payments under subsection (d) of Section 7.2 of the General
Obligation Bond Act, minus (ii) the portion of the State's
total debt service payments for that fiscal year on the bonds
issued in fiscal year 2003 for the purposes of that Section
7.2, as determined and certified by the Comptroller, that is
the same as the System's portion of the total moneys
distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State
fiscal years 2008 through 2010, however, the amount referred to
in item (i) shall be increased, as a percentage of the
applicable employee payroll, in equal increments calculated
from the sum of the required State contribution for State
fiscal year 2007 plus the applicable portion of the State's
total debt service payments for fiscal year 2007 on the bonds
issued in fiscal year 2003 for the purposes of Section 7.2 of

the General Obligation Bond Act, so that, by State fiscal year
2011, the State is contributing at the rate otherwise required
under this Section.
(d) 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.
(e) For purposes of determining the required State
contribution to the system for a particular year, the actuarial
value of assets shall be assumed to earn a rate of return equal
to the system's actuarially assumed rate of return.
(Source: P.A. 95-950, eff. 8-29-08; 96-43, eff. 7-15-09;
96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11; 96-1554, eff.
3-18-11; revised 4-6-11.)
(40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101)
Sec. 22-101. Retirement Plan for Chicago Transit Authority
Employees.
(a) There shall be established and maintained by the

Authority created by the "Metropolitan Transit Authority Act",
approved April 12, 1945, as amended, (referred to in this
Section as the "Authority") a financially sound pension and
retirement system adequate to provide for all payments when due
under such established system or as modified from time to time
by ordinance of the Chicago Transit Board or collective
bargaining agreement. For this purpose, the Board must make
contributions to the established system as required under this
Section and may make any additional contributions provided for
by Board ordinance or collective bargaining agreement. The
participating employees shall make such periodic payments to
the established system as required under this Section and may
make any additional contributions provided for by Board
ordinance or collective bargaining agreement.
Provisions shall be made by the Board for all officers,
except those who first become members on or after January 1,
2012, and employees of the Authority appointed pursuant to the
"Metropolitan Transit Authority Act" to become, subject to
reasonable rules and regulations, participants of the pension
or retirement system with uniform rights, privileges,
obligations and status as to the class in which such officers
and employees belong. The terms, conditions and provisions of
any pension or retirement system or of any amendment or
modification thereof affecting employees who are members of any
labor organization may be established, amended or modified by
agreement with such labor organization, provided the terms,

conditions and provisions must be consistent with this Act, the
annual funding levels for the retirement system established by
law must be met and the benefits paid to future participants in
the system may not exceed the benefit ceilings set for future
participants under this Act and the contribution levels
required by the Authority and its employees may not be less
than the contribution levels established under this Act.
(b) The Board of Trustees shall consist of 11 members
appointed as follows: (i) 5 trustees shall be appointed by the
Chicago Transit Board; (ii) 3 trustees shall be appointed by an
organization representing the highest number of Chicago
Transit Authority participants; (iii) one trustee shall be
appointed by an organization representing the second-highest
number of Chicago Transit Authority participants; (iv) one
trustee shall be appointed by the recognized coalition
representatives of participants who are not represented by an
organization with the highest or second-highest number of
Chicago Transit Authority participants; and (v) one trustee
shall be selected by the Regional Transportation Authority
Board of Directors, and the trustee shall be a professional
fiduciary who has experience in the area of collectively
bargained pension plans. Trustees shall serve until a successor
has been appointed and qualified, or until resignation, death,
incapacity, or disqualification.
Any person appointed as a trustee of the board shall
qualify by taking an oath of office that he or she will

diligently and honestly administer the affairs of the system
and will not knowingly violate or willfully permit the
violation of any of the provisions of law applicable to the
Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110,
1-111, 1-114, and 1-115 of the Illinois Pension Code.
Each trustee shall cast individual votes, and a majority
vote shall be final and binding upon all interested parties,
provided that the Board of Trustees may require a supermajority
vote with respect to the investment of the assets of the
Retirement Plan, and may set forth that requirement in the
Retirement Plan documents, by-laws, or rules of the Board of
Trustees. Each trustee shall have the rights, privileges,
authority, and obligations as are usual and customary for such
fiduciaries.
The Board of Trustees may cause amounts on deposit in the
Retirement Plan to be invested in those investments that are
permitted investments for the investment of moneys held under
any one or more of the pension or retirement systems of the
State, any unit of local government or school district, or any
agency or instrumentality thereof. The Board, by a vote of at
least two-thirds of the trustees, may transfer investment
management to the Illinois State Board of Investment, which is
hereby authorized to manage these investments when so requested
by the Board of Trustees.
Notwithstanding any other provision of this Article or any
law to the contrary, any person who first becomes a member of

the Chicago Transit Board on or after January 1, 2012 shall not
be eligible to participate in this Retirement Plan.
(c) All individuals who were previously participants in the
Retirement Plan for Chicago Transit Authority Employees shall
remain participants, and shall receive the same benefits
established by the Retirement Plan for Chicago Transit
Authority Employees, except as provided in this amendatory Act
or by subsequent legislative enactment or amendment to the
Retirement Plan. For Authority employees hired on or after the
effective date of this amendatory Act of the 95th General
Assembly, the Retirement Plan for Chicago Transit Authority
Employees shall be the exclusive retirement plan and such
employees shall not be eligible for any supplemental plan,
except for a deferred compensation plan funded only by employee
contributions.
For all Authority employees who are first hired on or after
the effective date of this amendatory Act of the 95th General
Assembly and are participants in the Retirement Plan for
Chicago Transit Authority Employees, the following terms,
conditions and provisions with respect to retirement shall be
applicable:
(1) Such participant shall be eligible for an unreduced
retirement allowance for life upon the attainment of age 64
with 25 years of continuous service.
(2) Such participant shall be eligible for a reduced
retirement allowance for life upon the attainment of age 55

with 10 years of continuous service.
(3) For the purpose of determining the retirement
allowance to be paid to a retiring employee, the term
"Continuous Service" as used in the Retirement Plan for
Chicago Transit Authority Employees shall also be deemed to
include all pension credit for service with any retirement
system established under Article 8 or Article 11 of this
Code, provided that the employee forfeits and relinquishes
all pension credit under Article 8 or Article 11 of this
Code, and the contribution required under this subsection
is made by the employee. The Retirement Plan's actuary
shall determine the contribution paid by the employee as an
amount equal to the normal cost of the benefit accrued, had
the service been rendered as an employee, plus interest per
annum from the time such service was rendered until the
date the payment is made.
(d) From the effective date of this amendatory Act through
December 31, 2008, all participating employees shall
contribute to the Retirement Plan in an amount not less than 6%
of compensation, and the Authority shall contribute to the
Retirement Plan in an amount not less than 12% of compensation.
(e)(1) Beginning January 1, 2009 the Authority shall make
contributions to the Retirement Plan in an amount equal to
twelve percent (12%) of compensation and participating
employees shall make contributions to the Retirement Plan in an
amount equal to six percent (6%) of compensation. These

contributions may be paid by the Authority and participating
employees on a payroll or other periodic basis, but shall in
any case be paid to the Retirement Plan at least monthly.
(2) For the period ending December 31, 2040, the amount
paid by the Authority in any year with respect to debt service
on bonds issued for the purposes of funding a contribution to
the Retirement Plan under Section 12c of the Metropolitan
Transit Authority Act, other than debt service paid with the
proceeds of bonds or notes issued by the Authority for any year
after calendar year 2008, shall be treated as a credit against
the amount of required contribution to the Retirement Plan by
the Authority under subsection (e)(1) for the following year up
to an amount not to exceed 6% of compensation paid by the
Authority in that following year.
(3) By September 15 of each year beginning in 2009 and
ending on December 31, 2039, on the basis of a report prepared
by an enrolled actuary retained by the Plan, the Board of
Trustees of the Retirement Plan shall determine the estimated
funded ratio of the total assets of the Retirement Plan to its
total actuarially determined liabilities. A report containing
that determination and the actuarial assumptions on which it is
based shall be filed with the Authority, the representatives of
its participating employees, the Auditor General of the State
of Illinois, and the Regional Transportation Authority. If the
funded ratio is projected to decline below 60% in any year
before 2040, the Board of Trustees shall also determine the

increased contribution required each year as a level percentage
of payroll over the years remaining until 2040 using the
projected unit credit actuarial cost method so the funded ratio
does not decline below 60% and include that determination in
its report. If the actual funded ratio declines below 60% in
any year prior to 2040, the Board of Trustees shall also
determine the increased contribution required each year as a
level percentage of payroll during the years after the then
current year using the projected unit credit actuarial cost
method so the funded ratio is projected to reach at least 60%
no later than 10 years after the then current year and include
that determination in its report. Within 60 days after
receiving the report, the Auditor General shall review the
determination and the assumptions on which it is based, and if
he finds that the determination and the assumptions on which it
is based are unreasonable in the aggregate, he shall issue a
new determination of the funded ratio, the assumptions on which
it is based and the increased contribution required each year
as a level percentage of payroll over the years remaining until
2040 using the projected unit credit actuarial cost method so
the funded ratio does not decline below 60%, or, in the event
of an actual decline below 60%, so the funded ratio is
projected to reach 60% by no later than 10 years after the then
current year. If the Board of Trustees or the Auditor General
determine that an increased contribution is required to meet
the funded ratio required by the subsection, effective January

1 following the determination or 30 days after such
determination, whichever is later, one-third of the increased
contribution shall be paid by participating employees and
two-thirds by the Authority, in addition to the contributions
required by this subsection (1).
(4) For the period beginning 2040, the minimum contribution
to the Retirement Plan for each fiscal year shall be an amount
determined by the Board of Trustees of the Retirement Plan to
be sufficient to bring the total assets of the Retirement Plan
up to 90% of its total actuarial liabilities by the end of
2059. Participating employees shall be responsible for
one-third of the required contribution and the Authority shall
be responsible for two-thirds of the required contribution. In
making these determinations, the Board of Trustees shall
calculate the required contribution each year as a level
percentage of payroll over the years remaining to and including
fiscal year 2059 using the projected unit credit actuarial cost
method. A report containing that determination and the
actuarial assumptions on which it is based shall be filed by
September 15 of each year with the Authority, the
representatives of its participating employees, the Auditor
General of the State of Illinois and the Regional
Transportation Authority. If the funded ratio is projected to
fail to reach 90% by December 31, 2059, the Board of Trustees
shall also determine the increased contribution required each
year as a level percentage of payroll over the years remaining

until December 31, 2059 using the projected unit credit
actuarial cost method so the funded ratio will meet 90% by
December 31, 2059 and include that determination in its report.
Within 60 days after receiving the report, the Auditor General
shall review the determination and the assumptions on which it
is based and if he finds that the determination and the
assumptions on which it is based are unreasonable in the
aggregate, he shall issue a new determination of the funded
ratio, the assumptions on which it is based and the increased
contribution required each year as a level percentage of
payroll over the years remaining until December 31, 2059 using
the projected unit credit actuarial cost method so the funded
ratio reaches no less than 90% by December 31, 2059. If the
Board of Trustees or the Auditor General determine that an
increased contribution is required to meet the funded ratio
required by this subsection, effective January 1 following the
determination or 30 days after such determination, whichever is
later, one-third of the increased contribution shall be paid by
participating employees and two-thirds by the Authority, in
addition to the contributions required by subsection (e)(1).
(5) Beginning in 2060, the minimum contribution for each
year shall be the amount needed to maintain the total assets of
the Retirement Plan at 90% of the total actuarial liabilities
of the Plan, and the contribution shall be funded two-thirds by
the Authority and one-third by the participating employees in
accordance with this subsection.

(f) The Authority shall take the steps necessary to comply
with Section 414(h)(2) of the Internal Revenue Code of 1986, as
amended, to permit the pick-up of employee contributions under
subsections (d) and (e) on a tax-deferred basis.
(g) The Board of Trustees shall certify to the Governor,
the General Assembly, the Auditor General, the Board of the
Regional Transportation Authority, and the Authority at least
90 days prior to the end of each fiscal year the amount of the
required contributions to the retirement system for the next
retirement system fiscal year under this Section. The
certification shall include a copy of the actuarial
recommendations upon which it is based. In addition, copies of
the certification shall be sent to the Commission on Government
Forecasting and Accountability and the Mayor of Chicago.
(h)(1) As to an employee who first becomes entitled to a
retirement allowance commencing on or after November 30, 1989,
the retirement allowance shall be the amount determined in
accordance with the following formula:
(A) One percent (1%) of his "Average Annual
Compensation in the highest four (4) completed Plan Years"
for each full year of continuous service from the date of
original employment to the effective date of the Plan; plus
(B) One and seventy-five hundredths percent (1.75%) of
his "Average Annual Compensation in the highest four (4)
completed Plan Years" for each year (including fractions
thereof to completed calendar months) of continuous

service as provided for in the Retirement Plan for Chicago
Transit Authority Employees.
Provided, however that:
(2) As to an employee who first becomes entitled to a
retirement allowance commencing on or after January 1, 1993,
the retirement allowance shall be the amount determined in
accordance with the following formula:
(A) One percent (1%) of his "Average Annual
Compensation in the highest four (4) completed Plan Years"
for each full year of continuous service from the date of
original employment to the effective date of the Plan; plus
(B) One and eighty hundredths percent (1.80%) of his
"Average Annual Compensation in the highest four (4)
completed Plan Years" for each year (including fractions
thereof to completed calendar months) of continuous
service as provided for in the Retirement Plan for Chicago
Transit Authority Employees.
Provided, however that:
(3) As to an employee who first becomes entitled to a
retirement allowance commencing on or after January 1, 1994,
the retirement allowance shall be the amount determined in
accordance with the following formula:
(A) One percent (1%) of his "Average Annual
Compensation in the highest four (4) completed Plan Years"
for each full year of continuous service from the date of
original employment to the effective date of the Plan; plus

(B) One and eighty-five hundredths percent (1.85%) of
his "Average Annual Compensation in the highest four (4)
completed Plan Years" for each year (including fractions
thereof to completed calendar months) of continuous
service as provided for in the Retirement Plan for Chicago
Transit Authority Employees.
Provided, however that:
(4) As to an employee who first becomes entitled to a
retirement allowance commencing on or after January 1, 2000,
the retirement allowance shall be the amount determined in
accordance with the following formula:
(A) One percent (1%) of his "Average Annual
Compensation in the highest four (4) completed Plan Years"
for each full year of continuous service from the date of
original employment to the effective date of the Plan; plus
(B) Two percent (2%) of his "Average Annual
Compensation in the highest four (4) completed Plan Years"
for each year (including fractions thereof to completed
calendar months) of continuous service as provided for in
the Retirement Plan for Chicago Transit Authority
Employees.
Provided, however that:
(5) As to an employee who first becomes entitled to a
retirement allowance commencing on or after January 1, 2001,
the retirement allowance shall be the amount determined in
accordance with the following formula:

(A) One percent (1%) of his "Average Annual
Compensation in the highest four (4) completed Plan Years"
for each full year of continuous service from the date of
original employment to the effective date of the Plan; plus
(B) Two and fifteen hundredths percent (2.15%) of his
"Average Annual Compensation in the highest four (4)
completed Plan Years" for each year (including fractions
thereof to completed calendar months) of continuous
service as provided for in the Retirement Plan for Chicago
Transit Authority Employees.
The changes made by this amendatory Act of the 95th General
Assembly, to the extent that they affect the rights or
privileges of Authority employees that are currently the
subject of collective bargaining, have been agreed to between
the authorized representatives of these employees and of the
Authority prior to enactment of this amendatory Act, as
evidenced by a Memorandum of Understanding between these
representatives that will be filed with the Secretary of State
Index Department and designated as "95-GA-C05". The General
Assembly finds and declares that those changes are consistent
with 49 U.S.C. 5333(b) (also known as Section 13(c) of the
Federal Transit Act) because of this agreement between
authorized representatives of these employees and of the
Authority, and that any future amendments to the provisions of
this amendatory Act of the 95th General Assembly, to the extent
those amendments would affect the rights and privileges of

Authority employees that are currently the subject of
collective bargaining, would be consistent with 49 U.S.C.
5333(b) if and only if those amendments were agreed to between
these authorized representatives prior to enactment.
(i) Early retirement incentive plan; funded ratio.
(1) Beginning on the effective date of this Section, no
early retirement incentive shall be offered to
participants of the Plan unless the Funded Ratio of the
Plan is at least 80% or more.
(2) For the purposes of this Section, the Funded Ratio
shall be the Adjusted Assets divided by the Actuarial
Accrued Liability developed in accordance with Statement
#25 promulgated by the Government Accounting Standards
Board and the actuarial assumptions described in the Plan.
The Adjusted Assets shall be calculated based on the
methodology described in the Plan.
(j) Nothing in this amendatory Act of the 95th General
Assembly shall impair the rights or privileges of Authority
employees under any other law.
(k) Any individual who, on or after August 19, 2011 (the
effective date of Public Act 97-442) this amendatory Act of the
97th General Assembly, first becomes a participant of the
Retirement Plan shall not be paid any of the benefits provided
under this Code if he or she is convicted of a felony relating
to, arising out of, or in connection with his or her service as
a participant.

This subsection (k) shall not operate to impair any
contract or vested right acquired before August 19, 2011 (the
effective date of Public Act 97-442) this amendatory Act of the
97th General Assembly under any law or laws continued in this
Code, and it shall not preclude the right to refund.
(Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;
revised 9-28-11.)
(40 ILCS 5/22-103)
Sec. 22-103. Regional Transportation Authority and related
pension plans.
(a) As used in this Section:
"Affected pension plan" means a defined-benefit pension
plan supported in whole or in part by employer contributions
and maintained by the Regional Transportation Authority, the
Suburban Bus Division, or the Commuter Rail Division, or any
combination thereof, under the general authority of the
Regional Transportation Authority Act, including but not
limited to any such plan that has been established under or is
subject to a collective bargaining agreement or is limited to
employees covered by a collective bargaining agreement.
"Affected pension plan" does not include any pension fund or
retirement system subject to Section 22-101 of this Section.
"Authority" means the Regional Transportation Authority
created under the Regional Transportation Authority Act.
"Contributing employer" means an employer that is required

to make contributions to an affected pension plan under the
terms of that plan.
"Funding ratio" means the ratio of an affected pension
plan's assets to the present value of its actuarial
liabilities, as determined at its latest actuarial valuation in
accordance with applicable actuarial assumptions and
recommendations.
"Under-funded pension plan" or "under-funded" means an
affected pension plan that, at the time of its last actuarial
valuation, has a funding ratio of less than 90%.
(b) The contributing employers of each affected pension
plan have a general duty to make the required employer
contributions to the affected pension plan in a timely manner
in accordance with the terms of the plan. A contributing
employer must make contributions to the affected pension plan
as required under this subsection and, if applicable,
subsection (c); a contributing employer may make any additional
contributions provided for by the board of the employer or
collective bargaining agreement.
(c) In the case of an affected pension plan that is
under-funded on January 1, 2009 or becomes under-funded at any
time after that date, the contributing employers shall
contribute to the affected pension plan, in addition to all
amounts otherwise required, amounts sufficient to bring the
funding ratio of the affected pension plan up to 90% in
accordance with an amortization schedule adopted jointly by the

contributing employers and the trustee of the affected pension
plan. The amortization schedule may extend for any period up to
a maximum of 50 years and shall provide for additional employer
contributions in substantially equal annual amounts over the
selected period. If the contributing employers and the trustee
of the affected pension plan do not agree on an appropriate
period for the amortization schedule within 6 months of the
date of determination that the plan is under-funded, then the
amortization schedule shall be based on a period of 50 years.
In the case of an affected pension plan that has more than
one contributing employer, each contributing employer's share
of the total additional employer contributions required under
this subsection shall be determined: (i) in proportion to the
amounts, if any, by which the respective contributing employers
have failed to meet their contribution obligations under the
terms of the affected pension plan; or (ii) if all of the
contributing employers have met their contribution obligations
under the terms of the affected pension plan, then in the same
proportion as they are required to contribute under the terms
of that plan. In the case of an affected pension plan that has
only one contributing employer, that contributing employer is
responsible for all of the additional employer contributions
required under this subsection.
If an under-funded pension plan is determined to have
achieved a funding ratio of at least 90% during the period when
an amortization schedule is in force under this Section, the

contributing employers and the trustee of the affected pension
plan, acting jointly, may cancel the amortization schedule and
the contributing employers may cease making additional
contributions under this subsection for as long as the affected
pension plan retains a funding ratio of at least 90%.
(d) Beginning January 1, 2009, if the Authority fails to
pay to an affected pension fund within 30 days after it is due
(i) any employer contribution that it is required to make as a
contributing employer, (ii) any additional employer
contribution that it is required to pay under subsection (c),
or (iii) any payment that it is required to make under Section
4.02a or 4.02b of the Regional Transportation Authority Act,
the trustee of the affected pension fund shall promptly so
notify the Commission on Government Forecasting and
Accountability, the Mayor of Chicago, the Governor, and the
General Assembly.
(e) For purposes of determining employer contributions,
assets, and actuarial liabilities under this subsection,
contributions, assets, and liabilities relating to health care
benefits shall not be included.
(f) This amendatory Act of the 94th General Assembly does
not affect or impair the right of any contributing employer or
its employees to collectively bargain the amount or level of
employee contributions to an affected pension plan, to the
extent that the plan includes employees subject to collective
bargaining.

(g) Any individual who, on or after August 19, 2011 (the
effective date of Public Act 97-442) this amendatory Act of the
97th General Assembly, first becomes a participant of an
affected pension plan shall not be paid any of the benefits
provided under this Code if he or she is convicted of a felony
relating to, arising out of, or in connection with his or her
service as a participant.
This subsection shall not operate to impair any contract or
vested right acquired before August 19, 2011 (the effective
date of Public Act 97-442) this amendatory Act of the 97th
General Assembly under any law or laws continued in this Code,
and it shall not preclude the right to refund.
(h) (g) Notwithstanding any other provision of this Article
or any law to the contrary, a person who, on or after January
1, 2012 (the effective date of Public Act 97-609) this
amendatory Act of the 97th General Assembly, first becomes a
director on the Suburban Bus Board, the Commuter Rail Board, or
the Board of Directors of the Regional Transportation Authority
shall not be eligible to participate in an affected pension
plan.
(Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;
revised 9-28-11.)
Section 185. The State Pension Funds Continuing
Appropriation Act is amended by changing Section 1.2 as
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
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
subsection (a) of Section 7.2 of the General Obligation Bond

Act.
(e) For State fiscal year 2011 only, the continuing
appropriation under this Section provided to the State
Employees' Retirement System is limited to an amount equal to
the amount certified by the System on or before December 31,
2009, less any amounts received pursuant to subsection (a-3) of
Section 14.1 of the State Finance Act.
(f) (e) For State fiscal year 2011 only, a continuing
appropriation is provided to the State Employees' Retirement
System equal to the amount certified by the System on or before
April 1, 2011, less the gross proceeds of the bonds sold in
fiscal year 2011 under the authorization contained in
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; 96-958,
eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1497, eff. 1-14-11;
96-1511, eff. 1-27-11; revised 4-5-11.)
Section 190. The Counties Code is amended by changing
Sections 5-1006.7, 5-1069.3, and 5-12001.1 as follows:
(55 ILCS 5/5-1006.7)
Sec. 5-1006.7. School facility occupation taxes.
(a) In any county, a tax shall be imposed 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 school
facility purposes 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 as provided in
subsection (c). The tax under this Section shall be imposed
only in one-quarter percent increments and may not exceed 1%.
This additional tax may not be imposed on the sale 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 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. The Department of Revenue has full
power to administer and enforce this subsection, to collect all
taxes and penalties due under this subsection, to dispose of
taxes and penalties so collected in the manner provided in this
subsection, and to determine all rights to credit memoranda
arising on account of the erroneous payment of a tax or penalty
under this subsection. The Department shall deposit all taxes
and penalties collected under this subsection into a special
fund created for that purpose.
In the administration of and compliance with this
subsection, the Department and persons who are subject to this
subsection (i) have the same rights, remedies, privileges,

immunities, powers, and duties, (ii) are subject to the same
conditions, restrictions, limitations, penalties, and
definitions of terms, and (iii) shall employ the same modes of
procedure as are set forth in Sections 1 through 1o, 2 through
2-70 (in respect to all provisions contained in those Sections
other than the State rate of tax), 2a through 2h, 3 (except as
to the disposition of taxes and penalties collected), 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 all provisions of the Uniform Penalty and Interest Act as
if those provisions were set forth in this subsection.
The certificate of registration that is issued by the
Department to a retailer under the Retailers' Occupation Tax
Act permits the retailer to engage in a business that is
taxable without registering separately with the Department
under an ordinance or resolution under this subsection.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
seller's tax liability by separately stating that tax as an
additional charge, which may be stated in combination, in a
single amount, with State tax that sellers are required to
collect under the Use Tax Act, pursuant to any bracketed
schedules set forth by the Department.
(b) If a tax has been imposed under subsection (a), then a
service occupation tax must 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 and deposited into a
special fund created for that purpose. The Department has full
power to administer and enforce this subsection, to collect all
taxes and penalties due under this subsection, to dispose of
taxes and penalties so collected in the manner provided in this
subsection, and to determine all rights to credit memoranda
arising on account of the erroneous payment of a tax or penalty
under this subsection.
In the administration of and compliance with this
subsection, the Department and persons who are subject to this
subsection shall (i) have the same rights, remedies,
privileges, immunities, powers and duties, (ii) be subject to
the same conditions, restrictions, limitations, penalties and
definition of terms, and (iii) employ the same modes of

procedure as are set forth in Sections 2 (except that that
reference to State in the definition of supplier maintaining a
place of business in this State means the county), 2a through
2d, 3 through 3-50 (in respect to all provisions contained in
those Sections 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 is a debt to
the extent indicated in that Section 8 is 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 means the county), Section 15, 16, 17,
18, 19, and 20 of the Service Occupation Tax Act and all
provisions 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 may be stated in combination, in a
single amount, with State tax that servicemen are authorized to
collect under the Service Use Tax Act, pursuant to any
bracketed schedules set forth by the Department.
(c) The tax under this Section may not be imposed until the
question of imposing the tax has been submitted to the electors
of the county at a regular election and approved by a majority
of the electors voting on the question. For all regular

elections held prior to the effective date of this amendatory
Act of the 97th General Assembly, upon a resolution by the
county board or a resolution by school district boards that
represent at least 51% of the student enrollment within the
county, the county board must certify the question to the
proper election authority in accordance with the Election Code.
For all regular elections held prior to the effective date
of this amendatory Act of the 97th General Assembly, the
election authority must submit the question in substantially
the following form:
Shall (name of county) be authorized to impose a
retailers' occupation tax and a service occupation tax
(commonly referred to as a "sales tax") at a rate of
(insert rate) to be used exclusively for school facility
purposes?
The election authority must record the votes as "Yes" or "No".
If a majority of the electors voting on the question vote
in the affirmative, then the county may, thereafter, impose the
tax.
For all regular elections held on or after the effective
date of this amendatory Act of the 97th General Assembly, the
regional superintendent of schools for the county must, upon
receipt of a resolution or resolutions of school district
boards that represent more than 50% of the student enrollment
within the county, certify the question to the proper election
authority for submission to the electors of the county at the

next regular election at which the question lawfully may be
submitted to the electors, all in accordance with the Election
Code.
For all regular elections held on or after the effective
date of this amendatory Act of the 97th General Assembly, the
election authority must submit the question in substantially
the following form:
Shall a retailers' occupation tax and a service
occupation tax (commonly referred to as a "sales tax") be
imposed in (name of county) at a rate of (insert rate) to
be used exclusively for school facility purposes?
The election authority must record the votes as "Yes" or "No".
If a majority of the electors voting on the question vote
in the affirmative, then the tax shall be imposed at the rate
set forth in the question.
For the purposes of this subsection (c), "enrollment" means
the head count of the students residing in the county on the
last school day of September of each year, which must be
reported on the Illinois State Board of Education Public School
Fall Enrollment/Housing Report.
(d) 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 School
Facility Occupation Tax Fund, which shall be an unappropriated
trust fund held outside 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 regional
superintendents of schools in counties from which retailers or
servicemen have paid taxes or penalties to the Department
during the second preceding calendar month. The amount to be
paid to each regional superintendent of schools and disbursed
to him or her in accordance with Section 3-14.31 of the School
Code, is equal to the amount (not including credit memoranda)
collected from the county under this Section during the second
preceding calendar month by the Department, (i) less 2% of that
amount, which shall be deposited into the Tax Compliance and
Administration Fund and shall be used by the Department,
subject to appropriation, to cover the costs of the Department
in administering and enforcing the provisions of this Section,
on behalf of the county, (ii) plus an amount that the
Department determines is necessary to offset any amounts that
were erroneously paid to a different taxing body; (iii) less an
amount equal to the amount of refunds made during the second
preceding calendar month by the Department on behalf of the
county; and (iv) less 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.
When certifying the amount of a monthly disbursement to a
regional superintendent of schools under this Section, the
Department shall increase or decrease the amounts by an amount
necessary to offset any miscalculation of previous

disbursements within the previous 6 months from the time a
miscalculation is discovered.
Within 10 days after receipt by the Comptroller from the
Department of the disbursement certification to the regional
superintendents of the schools provided for in this Section,
the Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with directions contained in
the certification.
If the Department determines that a refund should be made
under this Section to a claimant instead of issuing a credit
memorandum, then the Department shall notify the 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 Treasurer out of
the School Facility Occupation Tax Fund.
(e) For the purposes 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 subsection 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.
(f) Nothing in this Section may be construed to authorize a
tax to be imposed 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.
(g) If a county board imposes a tax under this Section
pursuant to a referendum held before the effective date of this
amendatory Act of the 97th General Assembly at a rate below the
rate set forth in the question approved by a majority of
electors of that county voting on the question as provided in
subsection (c), then the county board may, by ordinance,
increase the rate of the tax up to the rate set forth in the
question approved by a majority of electors of that county
voting on the question as provided in subsection (c). If a
county board imposes a tax under this Section pursuant to a
referendum held before the effective date of this amendatory
Act of the 97th General Assembly, then the board may, by
ordinance, discontinue or reduce the rate of the tax. If a tax
is imposed under this Section pursuant to a referendum held on
or after the effective date of this amendatory Act of the 97th
General Assembly, then the county board may reduce or
discontinue the tax, but only in accordance with subsection
(h-5) of this Section. If, however, a school board issues bonds
that are secured by the proceeds of the tax under this Section,
then the county board may not reduce the tax rate or
discontinue the tax if that rate reduction or discontinuance
would adversely affect the school board's ability to pay the
principal and interest on those bonds as they become due or
necessitate the extension of additional property taxes to pay

the principal and interest on those bonds. If the county board
reduces the tax rate or discontinues the tax, then a referendum
must be held in accordance with subsection (c) of this Section
in order to increase the rate of the tax or to reimpose the
discontinued tax.
The results of any election that imposes, reduces, or
discontinues a tax under this Section must be certified by the
election authority, and any ordinance that increases or lowers
the rate or discontinues the tax must be certified by the
county clerk and, in each case, 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 or change in the rate 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 or change in the rate as of the
first day of January next following the filing.
(h) For purposes of this Section, "school facility
purposes" means (i) 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 capital facilities and (ii)
the payment of bonds or other obligations heretofore or

hereafter issued, including bonds or other obligations
heretofore or hereafter issued to refund or to continue to
refund bonds or other obligations issued, for school facility
purposes, provided that the taxes levied to pay those bonds are
abated by the amount of the taxes imposed under this Section
that are used to pay those bonds. "School-facility purposes"
also includes fire prevention, safety, energy conservation,
disabled accessibility, school security, and specified repair
purposes set forth under Section 17-2.11 of the School Code.
(h-5) A county board in a county where a tax has been
imposed under this Section pursuant to a referendum held on or
after the effective date of this amendatory Act of the 97th
General Assembly may, by ordinance or resolution, submit to the
voters of the county the question of reducing or discontinuing
the tax. In the ordinance or resolution, the county board shall
certify the question to the proper election authority in
accordance with the Election Code. The election authority must
submit the question in substantially the following form:
Shall the school facility retailers' occupation tax
and service occupation tax (commonly referred to as the
"school facility sales tax") currently imposed in (name of
county) at a rate of (insert rate) be (reduced to (insert
rate))(discontinued)?
If a majority of the electors voting on the question vote in
the affirmative, then, subject to the provisions of subsection
(g) of this Section, the tax shall be reduced or discontinued

as set forth in the question.
(i) This Section does not apply to Cook County.
(j) This Section may be cited as the County School Facility
Occupation Tax Law.
(Source: P.A. 97-542, eff. 8-23-11; revised 11-18-11.)
(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, 356z.13,
356z.14, and 356z.15 of the Illinois Insurance Code. The
coverage shall comply with Sections Section 155.22a and 356z.19
of the Illinois Insurance Code. The requirement that health
benefits be covered as provided in this Section 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 county to which this Section applies
must comply with every provision of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 96-139, eff. 1-1-10; 96-328, eff. 8-11-09;
96-1000, eff. 7-2-10; 97-282, eff. 8-9-11; 97-343, eff. 1-1-12;
revised 10-14-11.)
(55 ILCS 5/5-12001.1)
Sec. 5-12001.1. Authority to regulate certain specified
facilities of a telecommunications carrier and to regulate,
pursuant to subsections (a) through (g), AM broadcast towers
and facilities.
(a) Notwithstanding any other Section in this Division, the
county board or board of county commissioners of any county
shall have the power to regulate the location of the
facilities, as defined in subsection (c), of a
telecommunications carrier or AM broadcast station established
outside the corporate limits of cities, villages, and
incorporated towns that have municipal zoning ordinances in
effect. The power shall only be exercised to the extent and in
the manner set forth in this Section.
(b) The provisions of this Section shall not abridge any
rights created by or authority confirmed in the federal
Telecommunications Act of 1996, P.L. 104-104.
(c) As used in this Section, unless the context otherwise
requires:

(1) "county jurisdiction area" means those portions of
a county that lie outside the corporate limits of cities,
villages, and incorporated towns that have municipal
zoning ordinances in effect;
(2) "county board" means the county board or board of
county commissioners of any county;
(3) "residential zoning district" means a zoning
district that is designated under a county zoning ordinance
and is zoned predominantly for residential uses;
(4) "non-residential zoning district" means the county
jurisdiction area of a county, except for those portions
within a residential zoning district;
(5) "residentially zoned lot" means a zoning lot in a
residential zoning district;
(6) "non-residentially zoned lot" means a zoning lot in
a non-residential zoning district;
(7) "telecommunications carrier" means a
telecommunications carrier as defined in the Public
Utilities Act as of January 1, 1997;
(8) "facility" means that part of the signal
distribution system used or operated by a
telecommunications carrier or AM broadcast station under a
license from the FCC consisting of a combination of
improvements and equipment including (i) one or more
antennas, (ii) a supporting structure and the hardware by
which antennas are attached; (iii) equipment housing; and

(iv) ancillary equipment such as signal transmission
cables and miscellaneous hardware;
(9) "FAA" means the Federal Aviation Administration of
the United States Department of Transportation;
(10) "FCC" means the Federal Communications
Commission;
(11) "antenna" means an antenna device by which radio
signals are transmitted, received, or both;
(12) "supporting structure" means a structure, whether
an antenna tower or another type of structure, that
supports one or more antennas as part of a facility;
(13) "qualifying structure" means a supporting
structure that is (i) an existing structure, if the height
of the facility, including the structure, is not more than
15 feet higher than the structure just before the facility
is installed, or (ii) a substantially similar,
substantially same-location replacement of an existing
structure, if the height of the facility, including the
replacement structure, is not more than 15 feet higher than
the height of the existing structure just before the
facility is installed;
(14) "equipment housing" means a combination of one or
more equipment buildings or enclosures housing equipment
that operates in conjunction with the antennas of a
facility, and the equipment itself;
(15) "height" of a facility means the total height of

the facility's supporting structure and any antennas that
will extend above the top of the supporting structure;
however, if the supporting structure's foundation extends
more than 3 feet above the uppermost ground level along the
perimeter of the foundation, then each full foot in excess
of 3 feet shall be counted as an additional foot of
facility height. The height of a facility's supporting
structure is to be measured from the highest point of the
supporting structure's foundation;
(16) "facility lot" means the zoning lot on which a
facility is or will be located;
(17) "principal residential building" has its common
meaning but shall not include any building under the same
ownership as the land of the facility lot. "Principal
residential building" shall not include any structure that
is not designed for human habitation;
(18) "horizontal separation distance" means the
distance measured from the center of the base of the
facility's supporting structure to the point where the
ground meets a vertical wall of a principal residential
building;
(19) "lot line set back distance" means the distance
measured from the center of the base of the facility's
supporting structure to the nearest point on the common lot
line between the facility lot and the nearest residentially
zoned lot. If there is no common lot line, the measurement

shall be made to the nearest point on the lot line of the
nearest residentially zoned lot without deducting the
width of any intervening right of way; and
(20) "AM broadcast station" means a facility and one or
more towers for the purpose of transmitting communication
in the 540 kHz to 1700 kHz band for public reception
authorized by the FCC.
(d) In choosing a location for a facility, a
telecommunications carrier or AM broadcast station shall
consider the following:
(1) A non-residentially zoned lot is the most desirable
location.
(2) A residentially zoned lot that is not used for
residential purposes is the second most desirable
location.
(3) A residentially zoned lot that is 2 acres or more
in size and is used for residential purposes is the third
most desirable location.
(4) A residentially zoned lot that is less than 2 acres
in size and is used for residential purposes is the least
desirable location.
The size of a lot shall be the lot's gross area in square
feet without deduction of any unbuildable or unusable land, any
roadway, or any other easement.
(e) In designing a facility, a telecommunications carrier
or AM broadcast station shall consider the following

guidelines:
(1) No building or tower that is part of a facility
should encroach onto any recorded easement prohibiting the
encroachment unless the grantees of the easement have given
their approval.
(2) Lighting should be installed for security and
safety purposes only. Except with respect to lighting
required by the FCC or FAA, all lighting should be shielded
so that no glare extends substantially beyond the
boundaries of a facility.
(3) No facility should encroach onto an existing septic
field.
(4) Any facility located in a special flood hazard area
or wetland should meet the legal requirements for those
lands.
(5) Existing trees more than 3 inches in diameter
should be preserved if reasonably feasible during
construction. If any tree more than 3 inches in diameter is
removed during construction a tree 3 inches or more in
diameter of the same or a similar species shall be planted
as a replacement if reasonably feasible. Tree diameter
shall be measured at a point 3 feet above ground level.
(6) If any elevation of a facility faces an existing,
adjoining residential use within a residential zoning
district, low maintenance landscaping should be provided
on or near the facility lot to provide at least partial

screening of the facility. The quantity and type of that
landscaping should be in accordance with any county
landscaping regulations of general applicability, except
that paragraph (5) of this subsection (e) shall control
over any tree-related regulations imposing a greater
burden.
(7) Fencing should be installed around a facility. The
height and materials of the fencing should be in accordance
with any county fence regulations of general
applicability.
(8) Any building that is part of a facility located
adjacent to a residentially zoned lot should be designed
with exterior materials and colors that are reasonably
compatible with the residential character of the area.
(f) The following provisions shall apply to all facilities
established in any county jurisdiction area (i) after the
effective date of the amendatory Act of 1997 with respect to
telecommunications carriers and (ii) after the effective date
of this amendatory Act of the 94th General Assembly with
respect to AM broadcast stations:
(1) Except as provided in this Section, no yard or set
back regulations shall apply to or be required for a
facility.
(2) A facility may be located on the same zoning lot as
one or more other structures or uses without violating any
ordinance or regulation that prohibits or limits multiple

structures, buildings, or uses on a zoning lot.
(3) No minimum lot area, width, or depth shall be
required for a facility, and unless the facility is to be
manned on a regular, daily basis, no off-street parking
spaces shall be required for a facility. If the facility is
to be manned on a regular, daily basis, one off-street
parking space shall be provided for each employee regularly
at the facility. No loading facilities are required.
(4) No portion of a facility's supporting structure or
equipment housing shall be less than 15 feet from the front
lot line of the facility lot or less than 10 feet from any
other lot line.
(5) No bulk regulations or lot coverage, building
coverage, or floor area ratio limitations shall be applied
to a facility or to any existing use or structure
coincident with the establishment of a facility. Except as
provided in this Section, no height limits or restrictions
shall apply to a facility.
(6) A county's review of a building permit application
for a facility shall be completed within 30 days. If a
decision of the county board is required to permit the
establishment of a facility, the county's review of the
application shall be simultaneous with the process leading
to the county board's decision.
(7) The improvements and equipment comprising the
facility may be wholly or partly freestanding or wholly or

partly attached to, enclosed in, or installed in or on a
structure or structures.
(8) Any public hearing authorized under this Section
shall be conducted in a manner determined by the county
board. Notice of any such public hearing shall be published
at least 15 days before the hearing in a newspaper of
general circulation published in the county. Notice of any
such public hearing shall also be sent by certified mail at
least 15 days prior to the hearing to the owners of record
of all residential property that is adjacent to the lot
upon which the facility is proposed to be sited.
(9) Any decision regarding a facility by the county
board or a county agency or official shall be supported by
written findings of fact. The circuit court shall have
jurisdiction to review the reasonableness of any adverse
decision and the plaintiff shall bear the burden of proof,
but there shall be no presumption of the validity of the
decision.
(10) Thirty days prior to the issuance of a building
permit for a facility necessitating the erection of a new
tower, the permit applicant shall provide written notice of
its intent to construct the facility to the State
Representative and the State Senator of the district in
which the subject facility is to be constructed and all
county board members for the county board district in the
county in which the subject facility is to be constructed.

This notice shall include, but not be limited to, the
following information: (i) the name, address, and
telephone number of the company responsible for the
construction of the facility; (ii) the name, address, and
telephone number of the governmental entity authorized to
issue the building permit; and (iii) the location of the
proposed facility. The applicant shall demonstrate
compliance with the notice requirements set forth in this
item (10) by submitting certified mail receipts or
equivalent mail service receipts at the same time that the
applicant submits the permit application.
(g) The following provisions shall apply to all facilities
established (i) after the effective date of this amendatory Act
of 1997 with respect to telecommunications carriers and (ii)
after the effective date of this amendatory Act of the 94th
General Assembly with respect to AM broadcast stations in the
county jurisdiction area of any county with a population of
less than 180,000:
(1) A facility is permitted if its supporting structure
is a qualifying structure or if both of the following
conditions are met:
(A) the height of the facility shall not exceed 200
feet, except that if a facility is located more than
one and one-half miles from the corporate limits of any
municipality with a population of 25,000 or more the
height of the facility shall not exceed 350 feet; and

(B) the horizontal separation distance to the
nearest principal residential building shall not be
less than the height of the supporting structure;
except that if the supporting structure exceeds 99 feet
in height, the horizontal separation distance to the
nearest principal residential building shall be at
least 100 feet or 80% of the height of the supporting
structure, whichever is greater. Compliance with this
paragraph shall only be evaluated as of the time that a
building permit application for the facility is
submitted. If the supporting structure is not an
antenna tower this paragraph is satisfied.
(2) Unless a facility is permitted under paragraph (1)
of this subsection (g), a facility can be established only
after the county board gives its approval following
consideration of the provisions of paragraph (3) of this
subsection (g). The county board may give its approval
after one public hearing on the proposal, but only by the
favorable vote of a majority of the members present at a
meeting held no later than 75 days after submission of a
complete application by the telecommunications carrier. If
the county board fails to act on the application within 75
days after its submission, the application shall be deemed
to have been approved. No more than one public hearing
shall be required.
(3) For purposes of paragraph (2) of this subsection

(g), the following siting considerations, but no other
matter, shall be considered by the county board or any
other body conducting the public hearing:
(A) the criteria in subsection (d) of this Section;
(B) whether a substantial adverse effect on public
safety will result from some aspect of the facility's
design or proposed construction, but only if that
aspect of design or construction is modifiable by the
applicant;
(C) the benefits to be derived by the users of the
services to be provided or enhanced by the facility and
whether public safety and emergency response
capabilities would benefit by the establishment of the
facility;
(D) the existing uses on adjacent and nearby
properties; and
(E) the extent to which the design of the proposed
facility reflects compliance with subsection (e) of
this Section.
(4) On judicial review of an adverse decision, the
issue shall be the reasonableness of the county board's
decision in light of the evidence presented on the siting
considerations and the well-reasoned recommendations of
any other body that conducts the public hearing.
(h) The following provisions shall apply to all facilities
established after the effective date of this amendatory Act of

1997 in the county jurisdiction area of any county with a
population of 180,000 or more. A facility is permitted in any
zoning district subject to the following:
(1) A facility shall not be located on a lot under
paragraph (4) of subsection (d) unless a variation is
granted by the county board under paragraph (4) of this
subsection (h).
(2) Unless a height variation is granted by the county
board, the height of a facility shall not exceed 75 feet if
the facility will be located in a residential zoning
district or 200 feet if the facility will be located in a
non-residential zoning district. However, the height of a
facility may exceed the height limit in this paragraph, and
no height variation shall be required, if the supporting
structure is a qualifying structure.
(3) The improvements and equipment of the facility
shall be placed to comply with the requirements of this
paragraph at the time a building permit application for the
facility is submitted. If the supporting structure is an
antenna tower other than a qualifying structure then (i) if
the facility will be located in a residential zoning
district the lot line set back distance to the nearest
residentially zoned lot shall be at least 50% of the height
of the facility's supporting structure or (ii) if the
facility will be located in a non-residential zoning
district the horizontal separation distance to the nearest

principal residential building shall be at least equal to
the height of the facility's supporting structure.
(4) The county board may grant variations for any of
the regulations, conditions, and restrictions of this
subsection (h), after one public hearing on the proposed
variations held at a zoning or other appropriate committee
meeting with proper notice given as provided in this
Section, by a favorable vote of a majority of the members
present at a meeting held no later than 75 days after
submission of an application by the telecommunications
carrier. If the county board fails to act on the
application within 75 days after submission, the
application shall be deemed to have been approved. In its
consideration of an application for variations, the county
board, and any other body conducting the public hearing,
shall consider the following, and no other matters:
(A) whether, but for the granting of a variation,
the service that the telecommunications carrier seeks
to enhance or provide with the proposed facility will
be less available, impaired, or diminished in quality,
quantity, or scope of coverage;
(B) whether the conditions upon which the
application for variations is based are unique in some
respect or, if not, whether the strict application of
the regulations would result in a hardship on the
telecommunications carrier;

(C) whether a substantial adverse effect on public
safety will result from some aspect of the facility's
design or proposed construction, but only if that
aspect of design or construction is modifiable by the
applicant;
(D) whether there are benefits to be derived by the
users of the services to be provided or enhanced by the
facility and whether public safety and emergency
response capabilities would benefit by the
establishment of the facility; and
(E) the extent to which the design of the proposed
facility reflects compliance with subsection (e) of
this Section.
No more than one public hearing shall be required.
(5) On judicial review of an adverse decision, the
issue shall be the reasonableness of the county board's
decision in light of the evidence presented and the
well-reasoned recommendations of any other body that
conducted the public hearing.
(i) Notwithstanding any other provision of law to the
contrary, 30 days prior to the issuance of any permits for a
new telecommunications facility within a county, the
telecommunications carrier constructing the facility shall
provide written notice of its intent to construct the facility.
The notice shall include, but not be limited to, the following
information: (i) the name, address, and telephone number of the

company responsible for the construction of the facility, (ii)
the address and telephone number of the governmental entity
that is to issue the building permit for the telecommunications
facility, (iii) a site plan and site map of sufficient
specificity to indicate both the location of the parcel where
the telecommunications facility is to be constructed and the
location of all the telecommunications facilities within that
parcel, and (iv) the property index number and common address
of the parcel where the telecommunications facility is to be
located. The notice shall not contain any material that appears
to be an advertisement for the telecommunications carrier or
any services provided by the telecommunications carrier. The
notice shall be provided in person, by overnight private
courier, or by certified mail to all owners of property within
250 feet of the parcel in which the telecommunications carrier
has a leasehold or ownership interest. For the purposes of this
notice requirement, "owners" means those persons or entities
identified from the authentic tax records of the county in
which the telecommunications facility is to be located. If,
after a bona fide effort by the telecommunications carrier to
determine the owner and his or her address, the owner of the
property on whom the notice must be served cannot be found at
the owner's last known address, or if the mailed notice is
returned because the owner cannot be found at the last known
address, the notice requirement of this paragraph is deemed
satisfied.

(Source: P.A. 96-696, eff. 1-1-10; 97-242, eff. 8-4-11; 97-496,
eff. 8-22-11; revised 9-28-11.)
Section 195. The County Care for Persons with Developmental
Disabilities Act is amended by changing Sections 1.1 and 1.2 as
follows:
(55 ILCS 105/1.1)
Sec. 1.1. Petition for submission to referendum by county.
(a) If, on and after the effective date of this amendatory
Act of the 96th General Assembly, the county board passes an
ordinance or resolution as provided in Section 1 of this Act
asking that an annual tax may be levied for the purpose of
providing facilities or services set forth in that Section and
so instructs the county clerk, the clerk shall certify the
proposition to the proper election officials for submission at
the next general county election. The proposition shall be in
substantially the following form:
Shall ..... County levy an annual tax not to exceed
0.1% upon the equalized assessed value of all taxable
property in the county for the purposes of providing
facilities or services for the benefit of its residents who
are intellectually disabled or under a developmental
disability and who are not eligible to participate in any
program provided under Article 14 of the School Code, 105
ILCS 5/14-1.01 105 ILCS 5/14.1-1.01 et seq., including

contracting for those facilities or services with any
privately or publicly operated entity that provides those
facilities or services either in or out of the county?
(b) If a majority of the votes cast upon the proposition
are in favor thereof, such tax levy shall be authorized and the
county shall levy a tax not to exceed the rate set forth in
Section 1 of this Act.
(Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12;
revised 11-18-11.)
(55 ILCS 105/1.2)
Sec. 1.2. Petition for submission to referendum by
electors.
(a) Whenever a petition for submission to referendum by the
electors which requests the establishment and maintenance of
facilities or services for the benefit of its residents with a
developmental disability and the levy of an annual tax not to
exceed 0.1% upon all the taxable property in the county at the
value thereof, as equalized or assessed by the Department of
Revenue, is signed by electors of the county equal in number to
at least 10% of the total votes cast for the office that
received the greatest total number of votes at the last
preceding general county election and is presented to the
county clerk, the clerk shall certify the proposition to the
proper election authorities for submission at the next general
county election. The proposition shall be in substantially the

following form:
Shall ..... County levy an annual tax not to exceed
0.1% upon the equalized assessed value of all taxable
property in the county for the purposes of establishing and
maintaining facilities or services for the benefit of its
residents who are intellectually disabled or under a
developmental disability and who are not eligible to
participate in any program provided under Article 14 of the
School Code, 105 ILCS 5/14-1.01 105 ILCS 5/14.1-1.01 et
seq., including contracting for those facilities or
services with any privately or publicly operated entity
that provides those facilities or services either in or out
of the county?
(b) If a majority of the votes cast upon the proposition
are in favor thereof, such tax levy shall be authorized and the
county shall levy a tax not to exceed the rate set forth in
Section 1 of this Act.
(Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12;
revised 11-18-11.)
Section 200. The Illinois Municipal Code is amended by
changing Sections 8-11-1.7, 10-2.1-4, 10-4-2.3, 11-23-4,
11-124-5, and 11-126-4 as follows:
(65 ILCS 5/8-11-1.7)
Sec. 8-11-1.7. Non-home rule municipal service occupation

tax; municipalities between 20,000 and 25,000. The corporate
authorities of a non-home rule municipality with a population
of more than 20,000 but less than 25,000 as determined by the
last preceding decennial census that has, prior to January 1,
1987, established a Redevelopment Project Area that has been
certified as a State Sales Tax Boundary and has issued bonds or
otherwise incurred indebtedness to pay for costs in excess of
$5,000,000, which is secured in part by a tax increment
allocation fund, in accordance with the provisions of Division
11-74.4 11-74.7 of this Code may, by passage of an ordinance,
impose a tax upon all persons engaged in the municipality in
the business of making sales of service. If imposed, the tax
shall only be imposed in .25% increments of the selling price
of all tangible personal property transferred by such
servicemen either in the form of tangible personal property or
in the form of real estate as an incident to a sale of service.
This 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
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. The tax imposed by a municipality
under this Sec. and all civil penalties that may be assessed as
an incident thereof shall be collected and enforced by the
State Department of Revenue. An ordinance imposing a tax

hereunder or effecting a change in the rate thereof shall be
adopted and a certified copy thereof filed with the Department
on or before the first day of October, whereupon the Department
shall proceed to administer and enforce this Section as of the
first day of January next following such adoption and filing.
The certificate of registration that is issued by the
Department to a retailer under the Retailers' Occupation Tax
Act or under the Service Occupation Tax Act shall permit the
registrant to engage in a business that is taxable under any
ordinance or resolution enacted under this Section without
registering separately with the Department under the ordinance
or resolution or under this Section. The Department shall have
full power to administer and enforce this Section, to collect
all taxes and penalties due hereunder, to dispose of taxes and
penalties so collected in a 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 Section, the
Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities,
powers, and duties, and be subject to the same conditions,
restrictions, limitations, penalties and definitions of terms,
and employ the same modes of procedure, as are prescribed in
Sections 1a-1, 2, 2a, 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 taxing

municipality), 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 taxing municipality), 9 (except as to the
disposition of taxes and penalties collected, and except that
the returned merchandise credit for this municipal tax may not
be taken against any State tax), 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 taxing municipality), the first paragraph of Sections 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.
A tax may not be imposed by a municipality under this
Section unless the municipality also imposes a tax at the same
rate under Section 8-11-1.6 of this Act.
Person subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
servicemen's tax liability hereunder 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, under
such bracket 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 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 such notification from the
Department. The refund shall be paid by the State Treasurer out
of the Non-Home Rule Municipal Retailers' Occupation Tax Fund.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected hereunder.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
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 named municipalities,
the municipalities to be those from which suppliers and
servicemen have paid taxes or penalties hereunder to the
Department during the second preceding calendar month. The
amount to be paid to each municipality shall be the amount (not
including credit memoranda) collected hereunder during the
second preceding calendar month by the Department, and not
including an amount equal to the amount of refunds made during
the second preceding calendar month by the Department on behalf

of such municipality, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund. Within 10 days
after receipt by the Comptroller of the disbursement
certification to the municipalities and the General Revenue
Fund, 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 the directions contained in the certification.
When certifying the amount of a monthly disbursement to a
municipality under this Section, the Department shall increase
or decrease the amount by an amount necessary to offset any
misallocation of previous disbursements. The offset amount
shall be the amount erroneously disbursed within the previous 6
months from the time a misallocation is discovered.
Nothing in this Section shall be construed to authorize a
municipality 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 this State.
(Source: P.A. 96-939, eff. 6-24-10; revised 11-18-11.)
(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
Sec. 10-2.1-4. Fire and police departments; Appointment of
members; Certificates of appointments.
The board of fire and police commissioners shall appoint
all officers and members of the fire and police departments of
the municipality, including the chief of police and the chief

of the fire department, unless the council or board of trustees
shall by ordinance as to them otherwise provide; except as
otherwise provided in this Section, and except that in any
municipality which adopts or has adopted this Division 2.1 and
also adopts or has adopted Article 5 of this Code, the chief of
police and the chief of the fire department shall be appointed
by the municipal manager, if it is provided by ordinance in
such municipality that such chiefs, or either of them, shall
not be appointed by the board of fire and police commissioners.
If the chief of the fire department or the chief of the
police department or both of them are appointed in the manner
provided by ordinance, they may be removed or discharged by the
appointing authority. In such case the appointing authority
shall file with the corporate authorities the reasons for such
removal or discharge, which removal or discharge shall not
become effective unless confirmed by a majority vote of the
corporate authorities.
If a member of the department is appointed chief of police
or chief of the fire department prior to being eligible to
retire on pension, he shall be considered as on furlough from
the rank he held immediately prior to his appointment as chief.
If he resigns as chief or is discharged as chief prior to
attaining eligibility to retire on pension, he shall revert to
and be established in whatever rank he currently holds, except
for previously appointed positions, and thereafter be entitled
to all the benefits and emoluments of that rank, without regard

as to whether a vacancy then exists in that rank.
All appointments to each department other than that of the
lowest rank, however, shall be from the rank next below that to
which the appointment is made except as otherwise provided in
this Section, and except that the chief of police and the chief
of the fire department may be appointed from among members of
the police and fire departments, respectively, regardless of
rank, unless the council or board of trustees shall have by
ordinance as to them otherwise provided. A chief of police or
the chief of the fire department, having been appointed from
among members of the police or fire department, respectively,
shall be permitted, regardless of rank, to take promotional
exams and be promoted to a higher classified rank than he
currently holds, without having to resign as chief of police or
chief of the fire department.
The sole authority to issue certificates of appointment
shall be vested in the Board of Fire and Police Commissioners
and all certificates of appointments issued to any officer or
member of the fire or police department of a municipality shall
be signed by the chairman and secretary respectively of the
board of fire and police commissioners of such municipality,
upon appointment of such officer or member of the fire and
police department of such municipality by action of the board
of fire and police commissioners. In any municipal fire
department that employs full-time firefighters and is subject
to a collective bargaining agreement, a person who has not

qualified for regular appointment under the provisions of this
Division 2.1 shall not be used as a temporary or permanent
substitute for classified members of a municipality's fire
department or for regular appointment as a classified member of
a municipality's fire department unless mutually agreed to by
the employee's certified bargaining agent. Such agreement
shall be considered a permissive subject of bargaining.
Municipal fire departments covered by the changes made by this
amendatory Act of the 95th General Assembly that are using
non-certificated employees as substitutes immediately prior to
the effective date of this amendatory Act of the 95th General
Assembly may, by mutual agreement with the certified bargaining
agent, continue the existing practice or a modified practice
and that agreement shall be considered a permissive subject of
bargaining. A home rule unit may not regulate the hiring of
temporary or substitute members of the municipality's fire
department in a manner that is inconsistent with this Section.
This Section is a limitation under subsection (i) of Section 6
of Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
The term "policemen" as used in this Division does not
include auxiliary police officers except as provided for in
Section 10-2.1-6.
Any full time member of a regular fire or police department
of any municipality which comes under the provisions of this

Division or adopts this Division 2.1 or which has adopted any
of the prior Acts pertaining to fire and police commissioners,
is a city officer.
Notwithstanding any other provision of this Section, the
Chief of Police of a department in a non-home rule non-homerule
municipality of more than 130,000 inhabitants may, without the
advice or consent of the Board of Fire and Police
Commissioners, appoint up to 6 officers who shall be known as
deputy chiefs or assistant deputy chiefs, and whose rank shall
be immediately below that of Chief. The deputy or assistant
deputy chiefs may be appointed from any rank of sworn officers
of that municipality, but no person who is not such a sworn
officer may be so appointed. Such deputy chief or assistant
deputy chief shall have the authority to direct and issue
orders to all employees of the Department holding the rank of
captain or any lower rank. A deputy chief of police or
assistant deputy chief of police, having been appointed from
any rank of sworn officers of that municipality, shall be
permitted, regardless of rank, to take promotional exams and be
promoted to a higher classified rank than he currently holds,
without having to resign as deputy chief of police or assistant
deputy chief of police.
Notwithstanding any other provision of this Section, a
non-home rule non-homerule municipality of 130,000 or fewer
inhabitants, through its council or board of trustees, may, by
ordinance, provide for a position of deputy chief to be

appointed by the chief of the police department. The ordinance
shall provide for no more than one deputy chief position if the
police department has fewer than 25 full-time police officers
and for no more than 2 deputy chief positions if the police
department has 25 or more full-time police officers. The deputy
chief position shall be an exempt rank immediately below that
of Chief. The deputy chief may be appointed from any rank of
sworn, full-time officers of the municipality's police
department, but must have at least 5 years of full-time service
as a police officer in that department. A deputy chief shall
serve at the discretion of the Chief and, if removed from the
position, shall revert to the rank currently held, without
regard as to whether a vacancy exists in that rank. A deputy
chief of police, having been appointed from any rank of sworn
full-time officers of that municipality's police department,
shall be permitted, regardless of rank, to take promotional
exams and be promoted to a higher classified rank than he
currently holds, without having to resign as deputy chief of
police.
No municipality having a population less than 1,000,000
shall require that any firefighter appointed to the lowest rank
serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in this amendatory Act of 1989 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6
of Article VII of the Illinois Constitution, a home rule

municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a certified paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
certification.
To the extent that this Section or any other Section in
this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
(Source: P.A. 97-251, eff. 8-4-11; revised 11-18-11.)
(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
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, 356z.13, 356z.14, and 356z.15 of the Illinois
Insurance Code. The coverage shall comply with Sections Section

155.22a and 356z.19 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, 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. 96-139, eff. 1-1-10; 96-328, eff. 8-11-09;
96-1000, eff. 7-2-10; 97-282, eff. 8-9-11; 97-343, eff. 1-1-12;
revised 10-14-11.)
(65 ILCS 5/11-23-4) (from Ch. 24, par. 11-23-4)
Sec. 11-23-4. When such a city council has decided to
establish and maintain, or to purchase and maintain, a public
hospital under this Division 23, the mayor, with the approval
of the city council, shall appoint a board of 3 directors for
the hospital.
One of the directors shall hold office for one year, one
for 2 years, and one for 3 years, from the first day of July
following their appointments. At their first regular meeting

the directors shall cast lots for the respective terms. Before
the first day of July each year thereafter, the mayor, with the
approval of the city council, shall appoint one director to
take the place of the retiring director, who shall hold office
for 3 years, and until his successor is appointed.
The city council may, by resolution, increase the
membership of the board to 5 directors. Such resolution shall
not affect effect the terms of the incumbent directors. Before
the first day of July following the adoption of such resolution
the mayor with the approval of the city council, shall appoint
3 directors, one to succeed the incumbent whose term expires
and the 2 additional provided for in the resolution, for terms
of 3, 4 and 5 years from July 1 of the year of the appointment.
Thereafter, upon the expiration of the term of any director his
successor shall be appointed for a term of 5 years and until
his successor is appointed for a like term.
If the city council has, by previous resolution, increased
the membership of the board to 5 directors, the city council
may by new resolution increase the membership of the board by 2
new members in any one year up to a maximum of 11 directors.
Such new resolution shall not affect the terms of incumbent
directors. Before the first day of July following the adoption
of the new resolution the mayor with the approval of the city
council shall appoint a sufficient number of directors so that
there will be a successor for the full term of each incumbent
whose term expires, and the 2 additional provided for in the

resolution for terms of 4 and 5 years from July 1 of the year of
appointment. Thereafter, upon the expiration of the term of any
director, his successor shall be appointed for a term of 5
years and until his successor is appointed and qualified for a
like term.
The mayor, with the consent of the city council, may remove
any director for misconduct or neglect of duty. Vacancies in
the board of directors, however occasioned, shall be filled for
the unexpired term in like manner as original appointments. No
director shall receive compensation for serving as a director.
No director shall be interested, either directly or indirectly,
in the purchase or sale of any supplies for the hospital.
(Source: P.A. 86-739; revised 11-18-11.)
(65 ILCS 5/11-124-5)
Sec. 11-124-5. Acquisition of water systems by eminent
domain.
(a) In addition to other provisions providing for the
acquisition of water systems or water works, whenever a public
utility subject to the Public Utilities Act utilizes public
property (including, but not limited to, right-of-way) of a
municipality for the installation or maintenance of all or part
of its water distribution system, the municipality has the
right to exercise eminent domain to acquire all or part of the
water system, in accordance with this Section. Unless it
complies with the provisions set forth in this Section, a

municipality is not permitted to acquire by eminent domain that
portion of a system located in another incorporated
municipality without agreement of that municipality, but this
provision shall not prevent the acquisition of that portion of
the water system existing within the acquiring municipality.
(b) Where a water system that is owned by a public utility
(as defined in the Public 16 Utilities Act) provides water to
customers located in 2 or more municipalities, the system may
be acquired by a majority of the municipalities by eminent
domain. If the system is to be acquired by more than one
municipality, then there must be an intergovernmental
agreement in existence between the acquiring municipalities
providing for the acquisition.
(c) If a water system that is owned by a public utility
provides water to customers located in one or more
municipalities and also to customers in an unincorporated area
and if at least 70% of the customers of the system or portion
thereof are located within the municipality or municipalities,
then the system, or portion thereof as determined by the
corporate authorities, may be acquired, using eminent domain or
otherwise, by either a municipality under subsection (a) or an
entity created by agreement between municipalities where at
least 70% of the customers reside. For the purposes of
determining "customers of the system", only retail customers
directly billed by the company shall be included in the
computation. The number of customers of the system most

recently reported to the Illinois Commerce Commission for any
calendar year preceding the year a resolution is passed by a
municipality or municipalities expressing preliminary intent
to purchase the water system or portion thereof shall be
presumed to be the total number of customers within the system.
The public utility shall provide information relative to the
number of customers within each municipality and within the
system within 60 days after any such request by a municipality.
(d) In the case of acquisition by a municipality or
municipalities or a public entity created by law to own or
operate a water system under this Section, service and water
supply must be provided to persons who are customers of the
system on the effective date of this amendatory Act of the 94th
General Assembly without discrimination based on whether the
customer is located within or outside of the boundaries of the
acquiring municipality or municipalities or entity, and a
supply contract existing on the effective date of this
amendatory Act of the 94th General Assembly must be honored by
an acquiring municipality, municipalities, or entity according
to the terms so long as the agreement does not conflict with
any other existing agreement.
(e) For the purposes of this Section, "system" includes all
assets reasonably necessary to provide water service to a
contiguous or compact geographical service area or to an area
served by a common pipeline and include, but are not limited
to, interests in real estate, all wells, pipes, treatment

plants, pumps and other physical apparatus, data and records of
facilities and customers, fire hydrants, equipment, or
vehicles and also includes service agreements and obligations
derived from use of the assets, whether or not the assets are
contiguous to the municipality, municipalities, or entity
created for the purpose of owning or operating a water system.
(f) Before making a good faith offer, a municipality may
pass a resolution of intent to study the feasibility of
purchasing or exercising its power of eminent domain to acquire
any water system or water works, sewer system or sewer works,
or combined water and sewer system or works, or part thereof.
Upon the passage of such a resolution, the municipality shall
have the right to review and inspect all financial and other
records, and both corporeal and incorporeal assets of such
utility related to the condition and the operation of the
system or works, or part thereof, as part of the study and
determination of feasibility of the proposed acquisition by
purchase or exercise of the power of eminent domain, and the
utility shall make knowledgeable persons who have access to all
relevant facts and information regarding the subject system or
works available to answer inquiries related to the study and
determination.
The right to review and inspect shall be upon reasonable
notice to the utility, with reasonable inspection and review
time limitations and reasonable response times for production,
copying, and answer. In addition, the utility may utilize a

reasonable security protocol for personnel on the
municipality's physical inspection team.
In the absence of other agreement, the utility must respond
to any notice by the municipality concerning its review and
inspection within 21 days after receiving the notice. The
review and inspection of the assets of the company shall be
over such period of time and carried out in such manner as is
reasonable under the circumstances.
Information requested that is not privileged or protected
from discovery under the Illinois Code of Civil Procedure but
is reasonably claimed to be proprietary, including, without
limitation, information that constitutes trade secrets or
information that involves system security concerns, shall be
provided, but shall not be considered a public record and shall
be kept confidential by the municipality.
In addition, the municipality must, upon request,
reimburse the utility for the actual, reasonable costs and
expenses, excluding attorneys' fees, incurred by the utility as
a result of the municipality's inspection and requests for
information. Upon written request, the utility shall issue a
statement itemizing, with reasonable detail, the costs and
expenses for which reimbursement is sought by the utility.
Where such written request for a statement has been made, no
payment shall be required until 30 days after receipt of the
statement. Such reimbursement by the municipality shall be
considered income for purposes of any rate proceeding or other

financial request before the Illinois Commerce Commission by
the utility.
The municipality and the utility shall cooperate to resolve
any dispute arising under this subsection. In the event the
dispute under this subsection cannot be resolved, either party
may request relief from the circuit court in any county in
which the water system is located, with the prevailing party to
be awarded such relief as the court deems appropriate under the
discovery abuse sanctions currently set forth in the Illinois
Code of Civil Procedure.
The municipality's right to inspect physical assets and
records in connection with the purpose of this Section shall
not be exercised with respect to any system more than one time
during a 5-year period, unless a substantial change in the size
of the system or condition of the operating assets of the
system has occurred since the previous inspection. Rights under
franchise agreements and other agreements or statutory or
regulatory provisions are not limited by this Section and are
preserved.
The passage of time between an inspection of the utilities
and physical assets and the making of a good faith offer or
initiation of an eminent domain action because of the limit
placed on inspections by this subsection shall not be used as a
basis for challenging the good faith of any offer or be used as
the basis for attacking any appraisal, expert, argument, or
position before a court related to an acquisition by purchase

or eminent domain.
(g) Notwithstanding any other provision of law, the
Illinois Commerce Commission has no approval authority of any
eminent domain action brought by any governmental entity or
combination of such entities to acquire water systems or water
works.
(h) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(i) This Section does not apply to any public utility
company that, on January 1, 2006, supplied a total of 70,000 or
fewer meter connections in the State unless and until (i) that
public utility company receives approval from the Illinois
Commerce Commission under Section 7-204 of the Public Utilities
Act for the reorganization of the public utility company or
(ii) the majority control of the company changes through a
stock sale, a sale of assets, a merger (other than an internal
reorganization) or otherwise. For the purpose of this Section,
"public utility company" means the public utility providing
water service and includes any of its corporate parents,
subsidiaries, or affiliates possessing a franchised water
service in the State.
(j) Any contractor or subcontractor that performs work on a
water system acquired by a municipality or municipalities under
this Section shall comply with the requirements of Section
30-22 of the Illinois Procurement Code. The contractor or
subcontractor shall submit evidence of compliance with Section

30-22 to the municipality or municipalities.
(k) The municipality or municipalities acquiring the water
system shall offer available employee positions to the
qualified employees of the acquired water system.
(Source: P.A. 97-586, eff. 8-26-11; revised 11-18-11.)
(65 ILCS 5/11-126-4) (from Ch. 24, par. 11-126-4)
Sec. 11-126-4. The corporate authorities of each
municipality may make make and enforce all needful rules and
regulations in the construction and management of such a system
of waterworks, and for the use of the water supplied thereby.
The corporate authorities of each municipality also may
make and enforce all needful rules, regulations, and enact
ordinances for the improvement, care, and protection from
pollution or other injury of any impounding reservoir or
artificial lake constructed or maintained by the municipality
for water supply purposes and any adjacent zone of land which
the municipality may acquire or control. If the leasing of
portions of such adjacent zone of land will, in the discretion
of the corporate authorities, aid in the protection from
pollution or other injury of the impounding reservoir or
artificial lake by promoting forestation, development or care
of other suitable vegetation, and the improvement, care and
maintenance of the premises, the corporate authorities may
lease those portions of that land jointly or severally to
custodians of good reputation and character for periods not to

exceed 60 years, and permit those custodians to construct,
maintain, use, and occupy dwelling houses and other structures
thereon for such rental and on such other terms and conditions
and subject to such rules and regulations and with such powers
and duties as may be determined by the corporate authorities.
The corporate authorities of each municipality have the
power to fix and collect from the inhabitants thereof the rent
or rates for the use and benefit of water used or supplied to
them by such a system of waterworks, as the corporate
authorities shall deem just and expedient. These rents or rates
shall be paid and collected in such manner as the corporate
authorities by ordinance shall provide. Such charges, rents, or
rates are liens upon the real estate upon or for which water
service is supplied whenever the charges, rents, or rates
become delinquent as provided by the ordinance of the
municipality fixing a delinquency date. However, the
municipality has no preference over the rights of any
purchaser, mortgagee, judgment creditor, or other lien holder
arising prior to the filing of the notice of such a lien in the
office of the recorder of the county in which such real estate
is located, or in the office of the registrar of titles of such
county if the property affected is registered under "An Act
concerning land titles", approved May 1, 1897, as amended. This
notice shall consist of a sworn statement setting out (1) a
description of such real estate sufficient for the
identification thereof, (2) the amount of money due for such

water service, and (3) the date when such amount became
delinquent. The municipality may foreclose this lien in the
same manner and with the same effect as in the foreclosure of
mortgages on real estate.
(Source: P.A. 83-358; revised 11-18-11.)
Section 205. The Civic Center Code is amended by changing
Section 205-100 as follows:
(70 ILCS 200/205-100)
Sec. 205-100. Partial invalidity. The provisions of this
Article and the applications thereof to any person or
circumstance are declared to be severable.
If any Section, clause, sentence, paragraph, part or
provision of this Article shall be held to be invalid by any
court, it shall be conclusively presumed that the remaining
portions of this Article would have been passed by the
Legislature without such invalid Section, clause, sentence,
paragraph, part or provision.
If the application of any Section, clause, sentence,
paragraph, part or provision of this Article to any person or
circumstances is held invalid, such invalidity shall not affect
effect the application thereof to other persons or
circumstances.
(Source: P.A. 90-328, eff. 1-1-98; revised 11-18-11.)

Section 210. The Metropolitan Pier and Exposition
Authority Act is amended by changing Section 28 as follows:
(70 ILCS 210/28) (from Ch. 85, par. 1248)
Sec. 28. If any provision of this Act is held invalid such
provision shall be deemed to be excised from this Act act and
the invalidity thereof shall not affect effect any of the other
provisions of this Act. If the application of any provision of
this Act to any person or circumstance is held invalid, it
shall not affect the application of such provision to such
persons or circumstances other than those as to which it is
held invalid.
(Source: Laws 1955, p. 1125; revised 11-18-11.)
Section 215. The Soil and Water Conservation Districts Act
is amended by changing Sections 3 and 6 as follows:
(70 ILCS 405/3) (from Ch. 5, par. 108)
Sec. 3. Definitions. As used in this Act, unless the
context clearly otherwise requires, the terms defined in the
Sections following this Section and preceding Section 4
Sections 3.01 through 3.30 have the meanings ascribed to them
in those Sections.
(Source: P.A. 81-1509; revised 11-18-11.)
(70 ILCS 405/6) (from Ch. 5, par. 111)

Sec. 6. Powers and duties. In addition to the powers and
duties otherwise conferred upon the Department, it shall have
the following powers and duties:
(1) To offer such assistance as may be appropriate to the
directors of soil and water conservation districts, organized
as provided hereinafter, in the carrying out of any of the
powers and programs.
(2) To keep the directors of each of said several districts
informed of the activities and experience of other such
districts, and to facilitate an interchange of advice and
experience between such districts and cooperation between
them.
(3) To coordinate the programs of the several districts so
far as this may be done by advice and consultation.
(4) To seek the cooperation and assistance of the United
States and of agencies of this State, in the work of such
districts.
(5) To disseminate information throughout the State
concerning the formation of such districts, and to assist in
the formation of such districts in areas where their
organization is desirable.
(6) To consider, review, and express its opinion concerning
any rules, regulations, ordinances or other action of the board
of directors of any district and to advise such board of
directors accordingly.
(7) To prepare and submit to the Director of the Department

an annual budget.
(8) To develop and coordinate a comprehensive State erosion
and sediment control program, including guidelines to be used
by districts in implementing this program. In developing this
program, the Department may consult with and request technical
assistance from local, State and federal agencies, and may
consult and advise with technically qualified persons and with
the soil and water conservation districts. The guidelines
developed may be revised from time to time as necessary.
(9) To promote among its members the management of marginal
agricultural and other rural lands for forestry, consistent
with the goals and purposes of the "Illinois Forestry
Development Act".
Nothing in this Act shall authorize the Department or any
district to regulate or control point source discharges to
waters.
(10) To make grants subject to annual appropriation from
the the Build Illinois Bond Fund or any other sources,
including the federal government, to Soil and Water
Conservation Districts and the Soil Conservation Service.
(11) To provide payment for outstanding health care costs
of Soil and Water Conservation District employees incurred
between January 1, 1996 and December 31, 1996 that were
eligible for reimbursement from the District's insurance
carrier, Midcontinent Medical Benefit Trust, but have not been
paid to date by Midcontinent. All claims shall be filed with

the Department on or before January 30, 1998 to be considered
for payment under the provisions of this amendatory Act of
1997. The Department shall approve or reject claims based upon
documentation and in accordance with established procedures.
The authority granted under this item (11) expires on September
1, 1998.
Nothing in this Act shall authorize the Department in any
district to regulate or curtail point source discharges to
waters.
(Source: P.A. 94-91, eff. 7-1-05; revised 11-18-11.)
Section 220. The Illinois International Port District Act
is amended by changing Section 26 as follows:
(70 ILCS 1810/26) (from Ch. 19, par. 177)
Sec. 26. If any provision of this Act is held invalid such
provision shall be deemed to be exercised from this Act and the
invalidity thereof shall not affect effect any of the other
provisions of this Act. If the application of any provision of
this Act to any person or circumstance is held invalid it shall
not affect the application of such persons or circumstances
other than those as to which it is invalid. The provisions of
this Act shall not be considered as impairing, altering,
modifying, repealing or superseding any of the jurisdiction or
powers of the Illinois Commerce Commission or of the Department
of Natural Resources under the Rivers, Lakes, and Streams Act.

Nothing in this Act or done under its authority shall apply to,
restrict, limit or interfere with the use of any terminal,
terminal facility or port facility owned or operated by any
private person for the storage or handling or transfer of any
commodity moving in interstate commerce or the use of the land
and facilities of a common carrier or other public utility and
the space above such land and facilities or the right to use
such land and such facilities in the business of such common
carrier or other public utility, without approval of the
Illinois Commerce Commission and without the payment of just
compensation to any such common carrier or other public utility
for damages resulting from any such restriction, limitation or
interference.
(Source: P.A. 89-445, eff. 2-7-96; revised 11-18-11.)
Section 225. The Regional Transportation Authority Act is
amended by setting forth, renumbering, and changing multiple
versions of Section 2.37 and by changing Section 4.03 as
follows:
(70 ILCS 3615/2.37)
Sec. 2.37. Wireless Internet study. By January 1, 2012, the
Authority must prepare and submit a report to the Governor and
General Assembly regarding the feasibility of providing
wireless Internet services on all fixed-route public
transportation services.

(Source: P.A. 97-85, eff. 7-7-11.)
(70 ILCS 3615/2.38)
Sec. 2.38 2.37. Universal fare instrument for persons age
65 and over. No later than 120 days after January 1, 2012 (the
effective date of Public Act 97-271) this amendatory Act of the
97th General Assembly, the Authority must develop and make
available for use by riders age 65 and over a universal fare
instrument that may be used interchangeably on all public
transportation funded by the Authority, except for ADA
paratransit services.
(Source: P.A. 97-271, eff. 1-1-12; revised 8-11-11.)
(70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
Sec. 4.03. Taxes.
(a) In order to carry out any of the powers or purposes of
the Authority, the Board may by ordinance adopted with the
concurrence of 12 of the then Directors, impose throughout the
metropolitan region any or all of the taxes provided in this
Section. Except as otherwise provided in this Act, taxes
imposed under this Section and civil penalties imposed incident
thereto shall be collected and enforced by the State Department
of Revenue. The Department shall have the power to administer
and enforce the taxes and to determine all rights for refunds
for erroneous payments of the taxes. Nothing in this amendatory
Act of the 95th General Assembly is intended to invalidate any

taxes currently imposed by the Authority. The increased vote
requirements to impose a tax shall only apply to actions taken
after the effective date of this amendatory Act of the 95th
General Assembly.
(b) The Board may impose a public transportation tax upon
all persons engaged in the metropolitan region in the business
of selling at retail motor fuel for operation of motor vehicles
upon public highways. The tax shall be at a rate not to exceed
5% of the gross receipts from the sales of motor fuel in the
course of the business. As used in this Act, the term "motor
fuel" shall have the same meaning as in the Motor Fuel Tax Law.
The Board may provide for details of the tax. The provisions of
any tax shall conform, as closely as may be practicable, to the
provisions of the Municipal Retailers Occupation Tax Act,
including without limitation, conformity to penalties with
respect to the tax imposed and as to the powers of the State
Department of Revenue to promulgate and enforce rules and
regulations relating to the administration and enforcement of
the provisions of the tax imposed, except that reference in the
Act to any municipality shall refer to the Authority and the
tax shall be imposed only with regard to receipts from sales of
motor fuel in the metropolitan region, at rates as limited by
this Section.
(c) In connection with the tax imposed under paragraph (b)
of this Section the Board may impose a tax upon the privilege
of using in the metropolitan region motor fuel for the

operation of a motor vehicle upon public highways, the tax to
be at a rate not in excess of the rate of tax imposed under
paragraph (b) of this Section. The Board may provide for
details of the tax.
(d) The Board may impose a motor vehicle parking tax upon
the privilege of parking motor vehicles at off-street parking
facilities in the metropolitan region at which a fee is
charged, and may provide for reasonable classifications in and
exemptions to the tax, for administration and enforcement
thereof and for civil penalties and refunds thereunder and may
provide criminal penalties thereunder, the maximum penalties
not to exceed the maximum criminal penalties provided in the
Retailers' Occupation Tax Act. The Authority may collect and
enforce the tax itself or by contract with any unit of local
government. The State Department of Revenue shall have no
responsibility for the collection and enforcement unless the
Department agrees with the Authority to undertake the
collection and enforcement. As used in this paragraph, the term
"parking facility" means a parking area or structure having
parking spaces for more than 2 vehicles at which motor vehicles
are permitted to park in return for an hourly, daily, or other
periodic fee, whether publicly or privately owned, but does not
include parking spaces on a public street, the use of which is
regulated by parking meters.
(e) The Board may impose a Regional Transportation
Authority Retailers' Occupation Tax upon all persons engaged in

the business of selling tangible personal property at retail in
the metropolitan region. In Cook County the tax rate shall be
1.25% of the gross receipts from 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 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, and 1% of the gross receipts from other taxable
sales made in the course of that business. In DuPage, Kane,
Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
of the gross receipts from all taxable sales made in the course
of that business. The tax imposed under this Section and all
civil penalties that may be assessed as an incident thereof
shall be collected and enforced by the State Department of
Revenue. The Department shall have full power to administer and
enforce this Section; to collect all 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 Section, the
Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions
and definitions of terms, and employ the same modes of

procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
therein other than the State rate of tax), 2c, 3 (except as to
the disposition of taxes and penalties collected), 4, 5, 5a,
5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8,
9, 10, 11, 12 and 13 of the Retailers' 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 Section may reimburse themselves for their
seller's tax liability hereunder by separately stating the tax
as an additional charge, which charge may be stated in
combination in a single amount with State taxes that sellers
are required to collect under the Use Tax Act, under any
bracket schedules 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 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 Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
If a tax is imposed under this subsection (e), a tax shall
also be imposed under subsections (f) and (g) of this Section.
For the purpose of determining whether a tax authorized

under this Section is applicable, a retail sale by a producer
of coal or other 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 other 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 Federal Constitution as a sale in
interstate or foreign commerce.
No tax shall be imposed or collected under this subsection
on the sale of a motor vehicle in this State to a resident of
another state if that motor vehicle will not be titled in this
State.
Nothing in this Section shall be construed to authorize the
Regional Transportation Authority 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.
(f) If a tax has been imposed under paragraph (e), a
Regional Transportation Authority Service Occupation Tax shall
also be imposed upon all persons engaged, in the metropolitan
region in the business of making sales of service, who as an
incident to making the sales of service, transfer tangible
personal property within the metropolitan region, either in the
form of tangible personal property or in the form of real
estate as an incident to a sale of service. In Cook County, the
tax rate shall be: (1) 1.25% of the serviceman's cost price of

food prepared for immediate consumption and transferred
incident to a sale of service subject to the service occupation
tax by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act that is
located in the metropolitan region; (2) 1.25% of the selling
price 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 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; and (3) 1%
of the selling price from other taxable sales of tangible
personal property transferred. In DuPage, Kane, Lake, McHenry
and Will Counties the rate shall be 0.75% of the selling price
of all tangible personal property transferred.
The tax imposed under this paragraph and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
Department shall have full power to administer and enforce this
paragraph; to collect all taxes and penalties due hereunder; to
dispose of taxes and penalties 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 paragraph, the Department and persons who are subject to

this paragraph shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties,
exclusions, exemptions and definitions of terms, and employ the
same modes of procedure, as are prescribed in Sections 1a-1, 2,
2a, 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 Authority), 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 Authority), 9 (except
as to the disposition of taxes and penalties collected, and
except that the returned merchandise credit for this tax may
not be taken against any State tax), 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 Authority), the first paragraph of 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 paragraph may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, that 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, under
any bracket schedules the Department may prescribe.

Whenever the Department determines that a refund should be
made under this paragraph 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 Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
Nothing in this paragraph shall be construed to authorize
the Authority 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 the State.
(g) If a tax has been imposed under paragraph (e), a tax
shall also be imposed upon the privilege of using in the
metropolitan region, any item of tangible personal property
that is purchased outside the metropolitan region at retail
from a retailer, and that is titled or registered with an
agency of this State's government. In Cook County the tax rate
shall be 1% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. In
DuPage, Kane, Lake, McHenry and Will counties the tax rate
shall be 0.75% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. The
tax shall be collected from persons whose Illinois address for
titling or registration purposes is given as being in the
metropolitan region. The tax shall be collected by the

Department of Revenue for the Regional Transportation
Authority. The tax must be paid to the State, or an exemption
determination must be obtained from the Department of Revenue,
before the title or certificate of registration for the
property may be issued. The tax or proof of exemption may be
transmitted to the Department by way of the State agency with
which, or the State officer with whom, the tangible personal
property must be titled or registered if the Department and the
State agency or State officer determine that this procedure
will expedite the processing of applications for title or
registration.
The Department shall have full power to administer and
enforce this paragraph; to collect all taxes, penalties and
interest due hereunder; to dispose of taxes, penalties and
interest collected in the manner hereinafter provided; and to
determine all rights to credit memoranda or refunds arising on
account of the erroneous payment of tax, penalty or interest
hereunder. In the administration of and compliance with this
paragraph, the Department and persons who are subject to this
paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,
exemptions and definitions of terms and employ the same modes
of procedure, as are prescribed in Sections 2 (except the
definition of "retailer maintaining a place of business in this
State"), 3 through 3-80 (except provisions pertaining to the

State rate of tax, and except provisions concerning collection
or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
19 (except the portions pertaining to claims by retailers and
except the last paragraph concerning refunds), 20, 21 and 22 of
the Use Tax Act, and are not inconsistent with this paragraph,
as fully as if those provisions were set forth herein.
Whenever the Department determines that a refund should be
made under this paragraph 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 Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
(h) The Authority may impose a replacement vehicle tax of
$50 on any passenger car as defined in Section 1-157 of the
Illinois Vehicle Code purchased within the metropolitan region
by or on behalf of an insurance company to replace a passenger
car of an insured person in settlement of a total loss claim.
The tax imposed may not become effective before the first day
of the month following the passage of the ordinance imposing
the tax and receipt of a certified copy of the ordinance by the
Department of Revenue. The Department of Revenue shall collect
the tax for the Authority in accordance with Sections 3-2002
and 3-2003 of the Illinois Vehicle Code.
The Department shall immediately pay over to the State

Treasurer, ex officio, as trustee, all taxes collected
hereunder.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
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 Authority. The
amount to be paid to the Authority shall be the amount
collected hereunder during the second preceding calendar month
by the Department, less any amount determined by the Department
to be necessary for the payment of refunds, and less any
amounts that are transferred to the STAR Bonds Revenue Fund.
Within 10 days after receipt by the Comptroller of the
disbursement certification to the Authority provided for in
this Section to be given to the Comptroller by the Department,
the Comptroller shall cause the orders to be drawn for that
amount in accordance with the directions contained in the
certification.
(i) The Board may not impose any other taxes except as it

may from time to time be authorized by law to impose.
(j) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under paragraphs (b), (e), (f) or
(g) of this Section and no additional registration shall be
required under the tax. A certificate issued under the Use Tax
Act or the Service Use Tax Act shall be applicable with regard
to any tax imposed under paragraph (c) of this Section.
(k) The provisions of any tax imposed under paragraph (c)
of this Section shall conform as closely as may be practicable
to the provisions of the Use Tax Act, including without
limitation conformity as to penalties with respect to the tax
imposed and as to the powers of the State Department of Revenue
to promulgate and enforce rules and regulations relating to the
administration and enforcement of the provisions of the tax
imposed. The taxes shall be imposed only on use within the
metropolitan region and at rates as provided in the paragraph.
(l) The Board in imposing any tax as provided in paragraphs
(b) and (c) of this Section, shall, after seeking the advice of
the State Department of Revenue, provide means for retailers,
users or purchasers of motor fuel for purposes other than those
with regard to which the taxes may be imposed as provided in
those paragraphs to receive refunds of taxes improperly paid,
which provisions may be at variance with the refund provisions

as applicable under the Municipal Retailers Occupation Tax Act.
The State Department of Revenue may provide for certificates of
registration for users or purchasers of motor fuel for purposes
other than those with regard to which taxes may be imposed as
provided in paragraphs (b) and (c) of this Section to
facilitate the reporting and nontaxability of the exempt sales
or uses.
(m) Any ordinance imposing or discontinuing any tax under
this Section shall be adopted and a certified copy thereof
filed with the Department on or before June 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this Section on behalf of the Regional Transportation Authority
as of September 1 next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing
or discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October next following such adoption and filing. Beginning
January 1, 1993, an ordinance or resolution imposing,
increasing, decreasing, or discontinuing the tax hereunder
shall be adopted and a certified copy thereof filed with the
Department, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of the
first month to occur not less than 60 days following such
adoption and filing. Any ordinance or resolution of the

Authority imposing a tax under this Section and in effect on
August 1, 2007 shall remain in full force and effect and shall
be administered by the Department of Revenue under the terms
and conditions and rates of tax established by such ordinance
or resolution until the Department begins administering and
enforcing an increased tax under this Section as authorized by
this amendatory Act of the 95th General Assembly. The tax rates
authorized by this amendatory Act of the 95th General Assembly
are effective only if imposed by ordinance of the Authority.
(n) The State Department of Revenue shall, upon collecting
any taxes as provided in this Section, pay the taxes over to
the State Treasurer as trustee for the Authority. The taxes
shall be held in a trust fund outside the State Treasury. On or
before the 25th day of each calendar month, the State
Department of Revenue shall prepare and certify to the
Comptroller of the State of Illinois and to the Authority (i)
the amount of taxes collected in each County other than Cook
County in the metropolitan region, (ii) the amount of taxes
collected within the City of Chicago, and (iii) the amount
collected in that portion of Cook County outside of Chicago,
each amount less the amount necessary for the payment of
refunds to taxpayers located in those areas described in items
(i), (ii), and (iii). Within 10 days after receipt by the
Comptroller of the certification of the amounts, the
Comptroller shall cause an order to be drawn for the payment of
two-thirds of the amounts certified in item (i) of this

subsection to the Authority and one-third of the amounts
certified in item (i) of this subsection to the respective
counties other than Cook County and the amount certified in
items (ii) and (iii) of this subsection to the Authority.
In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in July 1991 and each
year thereafter to the Regional Transportation Authority. The
allocation shall be made in an amount equal to the average
monthly distribution during the preceding calendar year
(excluding the 2 months of lowest receipts) and the allocation
shall include the amount of average monthly distribution from
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund. The distribution made in July 1992 and each
year thereafter under 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 of Revenue shall prepare and certify to the
Comptroller for disbursement the allocations made in
accordance with this paragraph.
(o) Failure to adopt a budget ordinance or otherwise to
comply with Section 4.01 of this Act or to adopt a Five-year
Capital Program or otherwise to comply with paragraph (b) of
Section 2.01 of this Act shall not affect the validity of any
tax imposed by the Authority otherwise in conformity with law.
(p) At no time shall a public transportation tax or motor
vehicle parking tax authorized under paragraphs (b), (c) and

(d) of this Section be in effect at the same time as any
retailers' occupation, use or service occupation tax
authorized under paragraphs (e), (f) and (g) of this Section is
in effect.
Any taxes imposed under the authority provided in
paragraphs (b), (c) and (d) shall remain in effect only until
the time as any tax authorized by paragraphs (e), (f) or (g) of
this Section are imposed and becomes effective. Once any tax
authorized by paragraphs (e), (f) or (g) is imposed the Board
may not reimpose taxes as authorized in paragraphs (b), (c) and
(d) of the Section unless any tax authorized by paragraphs (e),
(f) or (g) of this Section becomes ineffective by means other
than an ordinance of the Board.
(q) Any existing rights, remedies and obligations
(including enforcement by the Regional Transportation
Authority) arising under any tax imposed under paragraphs (b),
(c) or (d) of this Section shall not be affected by the
imposition of a tax under paragraphs (e), (f) or (g) of this
Section.
(Source: P.A. 96-339, eff. 7-1-10; 96-939, eff. 6-24-10; 97-38,
eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-28-11.)
Section 230. The School Code is amended by changing
Sections 1D-1, 10-20.43, 10-21.9, 10-22.3f, 10-22.6, 18-8.05,
21-1b, 21-7.1, 21-25, 21-28, 21B-75, 27A-4, 27A-5, 34-18,
34-18.5, 34-19, 34-200, 34-205, 34-225, and 34-230, by setting

forth and renumbering multiple versions of Sections 2-3.153 and
22-65, and by changing and renumbering multiple versions of
Sections 10-20.53 and 34-18.45 as follows:
(105 ILCS 5/1D-1)
Sec. 1D-1. Block grant funding.
(a) For fiscal year 1996 and each fiscal year thereafter,
the State Board of Education shall award to a school district
having a population exceeding 500,000 inhabitants a general
education block grant and an educational services block grant,
determined as provided in this Section, in lieu of distributing
to the district separate State funding for the programs
described in subsections (b) and (c). The provisions of this
Section, however, do not apply to any federal funds that the
district is entitled to receive. In accordance with Section
2-3.32, all block grants are subject to an audit. Therefore,
block grant receipts and block grant expenditures shall be
recorded to the appropriate fund code for the designated block
grant.
(b) The general education block grant shall include the
following programs: REI Initiative, Summer Bridges, Preschool
At Risk, K-6 Comprehensive Arts, School Improvement Support,
Urban Education, Scientific Literacy, Substance Abuse
Prevention, Second Language Planning, Staff Development,
Outcomes and Assessment, K-6 Reading Improvement, 7-12
Continued Reading Improvement, Truants' Optional Education,

Hispanic Programs, Agriculture Education, Parental Education,
Prevention Initiative, Report Cards, and Criminal Background
Investigations. Notwithstanding any other provision of law,
all amounts paid under the general education block grant from
State appropriations to a school district in a city having a
population exceeding 500,000 inhabitants shall be appropriated
and expended by the board of that district for any of the
programs included in the block grant or any of the board's
lawful purposes.
(c) The educational services block grant shall include the
following programs: Regular and Vocational Transportation,
State Lunch and Free Breakfast Program, Special Education
(Personnel, Transportation, Orphanage, Private Tuition),
funding for children requiring special education services,
Summer School, Educational Service Centers, and
Administrator's Academy. This subsection (c) does not relieve
the district of its obligation to provide the services required
under a program that is included within the educational
services block grant. It is the intention of the General
Assembly in enacting the provisions of this subsection (c) to
relieve the district of the administrative burdens that impede
efficiency and accompany single-program funding. The General
Assembly encourages the board to pursue mandate waivers
pursuant to Section 2-3.25g.
The funding program included in the educational services
block grant for funding for children requiring special

education services in each fiscal year shall be treated in that
fiscal year as a payment to the school district in respect of
services provided or costs incurred in the prior fiscal year,
calculated in each case as provided in this Section. Nothing in
this Section shall change the nature of payments for any
program that, apart from this Section, would be or, prior to
adoption or amendment of this Section, was on the basis of a
payment in a fiscal year in respect of services provided or
costs incurred in the prior fiscal year, calculated in each
case as provided in this Section.
(d) For fiscal year 1996 and each fiscal year thereafter,
the amount of the district's block grants shall be determined
as follows: (i) with respect to each program that is included
within each block grant, the district shall receive an amount
equal to the same percentage of the current fiscal year
appropriation made for that program as the percentage of the
appropriation received by the district from the 1995 fiscal
year appropriation made for that program, and (ii) the total
amount that is due the district under the block grant shall be
the aggregate of the amounts that the district is entitled to
receive for the fiscal year with respect to each program that
is included within the block grant that the State Board of
Education shall award the district under this Section for that
fiscal year. In the case of the Summer Bridges program, the
amount of the district's block grant shall be equal to 44% of
the amount of the current fiscal year appropriation made for

that program.
(e) The district is not required to file any application or
other claim in order to receive the block grants to which it is
entitled under this Section. The State Board of Education shall
make payments to the district of amounts due under the
district's block grants on a schedule determined by the State
Board of Education.
(f) A school district to which this Section applies shall
report to the State Board of Education on its use of the block
grants in such form and detail as the State Board of Education
may specify. In addition, the report must include the following
description for the district, which must also be reported to
the General Assembly: block grant allocation and expenditures
by program; population and service levels by program; and
administrative expenditures by program. The State Board of
Education shall ensure that the reporting requirements for the
district are the same as for all other school districts in this
State.
(g) This paragraph provides for the treatment of block
grants under Article 1C for purposes of calculating the amount
of block grants for a district under this Section. Those block
grants under Article 1C are, for this purpose, treated as
included in the amount of appropriation for the various
programs set forth in paragraph (b) above. The appropriation in
each current fiscal year for each block grant under Article 1C
shall be treated for these purposes as appropriations for the

individual program included in that block grant. The proportion
of each block grant so allocated to each such program included
in it shall be the proportion which the appropriation for that
program was of all appropriations for such purposes now in that
block grant, in fiscal 1995.
Payments to the school district under this Section with
respect to each program for which payments to school districts
generally, as of the date of this amendatory Act of the 92nd
General Assembly, are on a reimbursement basis shall continue
to be made to the district on a reimbursement basis, pursuant
to the provisions of this Code governing those programs.
(h) Notwithstanding any other provision of law, any school
district receiving a block grant under this Section may
classify all or a portion of the funds that it receives in a
particular fiscal year from any block grant authorized under
this Code or from general State aid pursuant to Section 18-8.05
of this Code (other than supplemental general State aid) as
funds received in connection with any funding program for which
it is entitled to receive funds from the State in that fiscal
year (including, without limitation, any funding program
referred to in subsection (c) of this Section), regardless of
the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the
funding program than the district is entitled to receive in
that fiscal year for that program. Any classification by a
district must be made by a resolution of its board of

education. The resolution must identify the amount of any block
grant or general State aid to be classified under this
subsection (h) and must specify the funding program to which
the funds are to be treated as received in connection
therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of
the resolution must be sent to the State Superintendent of
Education. The resolution shall still take effect even though a
copy of the resolution has not been sent to the State
Superintendent of Education in a timely manner. No
classification under this subsection (h) by a district shall
affect the total amount or timing of money the district is
entitled to receive under this Code. No classification under
this subsection (h) by a district shall in any way relieve the
district from or affect any requirements that otherwise would
apply with respect to the block grant as provided in this
Section, including any accounting of funds by source, reporting
expenditures by original source and purpose, reporting
requirements, or requirements of provision of services.
(Source: P.A. 97-238, eff. 8-2-11; 97-324, eff. 8-12-11;
revised 9-21-11.)
(105 ILCS 5/2-3.153)
Sec. 2-3.153. Survey of learning conditions. The State
Board of Education shall select for statewide administration an
instrument to provide feedback from, at a minimum, students in

grades 6 through 12 and teachers on the instructional
environment within a school after giving consideration to the
recommendations of the Performance Evaluation Advisory Council
made pursuant to subdivision (6) of subsection (a) of Section
24A-20 of this Code. Subject to appropriation to the State
Board of Education for the State's cost of development and
administration and commencing with the 2012-2013 school year,
each school district shall administer, at least biannually, the
instrument in every public school attendance center by a date
specified by the State Superintendent of Education, and data
resulting from the instrument's administration must be
provided to the State Board of Education. The survey component
that requires completion by the teachers must be administered
during teacher meetings or professional development days or at
other times that would not interfere with the teachers' regular
classroom and direct instructional duties. The State
Superintendent, following consultation with teachers,
principals, and other appropriate stakeholders, shall publicly
report on selected indicators of learning conditions resulting
from administration of the instrument at the individual school,
district, and State levels and shall identify whether the
indicators result from an anonymous administration of the
instrument. If in any year the appropriation to the State Board
of Education is insufficient for the State's costs associated
with statewide administration of the instrument, the State
Board of Education shall give priority to districts with

low-performing schools and a representative sample of other
districts.
(Source: P.A. 97-8, eff. 6-13-11.)
(105 ILCS 5/2-3.154)
Sec. 2-3.154 2-3.153. Low Performing Schools Intervention
Program. From any funds appropriated to the State Board of
Education for the purposes of intervening in low performing
schools, the State Superintendent may, in his or her
discretion, select school districts and schools in which to
directly or indirectly intervene; provided however that such
school districts and schools are within the lowest 5% in terms
of performance in the State as determined by the State
Superintendent. Intervention may take the form of a needs
assessment or additional, more intensive intervention, as
determined by the State Superintendent. Expenditures from
funds appropriated for this purpose may include, without
limitation, contracts, grants and travel to support the
intervention.
(Source: P.A. 97-72, eff. 7-1-11; revised 10-7-11.)
(105 ILCS 5/2-3.155)
Sec. 2-3.155 2-3.153. Textbook block grant program.
(a) The provisions of this Section are in the public
interest, for the public benefit, and serve secular public
purposes.

(b) As used in this Section, "textbook" means any book or
book substitute that a pupil uses as a text or text substitute,
including electronic textbooks. "Textbook" includes books,
reusable workbooks, manuals, whether bound or in loose-leaf
form, instructional computer software, and electronic
textbooks and the technological equipment necessary to gain
access to and use electronic textbooks intended as a principal
source of study material for a given class or group of
students. "Textbook" also includes science curriculum
materials in a kit format that includes pre-packaged consumable
materials if (i) it is shown that the materials serve as a
textbook substitute, (ii) the materials are for use by the
pupils as a principal learning source, (iii) each component of
the materials is integrally necessary to teach the requirements
of the intended course, (iv) the kit includes teacher guidance
materials, and (v) the purchase of individual consumable
materials is not allowed.
(c) Beginning July 1, 2011, subject to annual appropriation
by the General Assembly, the State Board of Education is
authorized to provide annual funding to public school districts
and State-recognized, non-public schools serving students in
grades kindergarten through 12 for the purchase of selected
textbooks. The textbooks authorized to be purchased under this
Section are limited without exception to textbooks that have
been preapproved and designated by the State Board of Education
for use in any public school and that are secular,

non-religious, and non-sectarian. The State Board of Education
shall annually publish a list of the textbooks authorized to be
purchased under this Section. Each public school district and
State-recognized, non-public school shall, subject to
appropriations for that purpose, receive a per pupil grant for
the purchase of secular textbooks. The per pupil grant amount
must be calculated by the State Board of Education utilizing
the total appropriation made for these purposes divided by the
most current student enrollment data available.
(d) The State Board of Education may adopt rules as
necessary for the implementation of this Section and to ensure
the religious neutrality of the textbook block grant program,
as well as provide for the monitoring of all textbooks
authorized in this Section to be purchased directly by
State-recognized, nonpublic schools serving students in grades
kindergarten through 12.
(Source: P.A. 97-570, eff. 8-25-11; revised 10-7-11.)
(105 ILCS 5/10-20.43)
Sec. 10-20.43. School facility occupation tax fund. All
proceeds received by a school district from a distribution
under Section 3-14.31 must be maintained in a special fund
known as the school facility occupation tax fund. The district
may use moneys in that fund only for school facility purposes,
as that term is defined under Section 5-1006.7 of the Counties
Code.

(Source: P.A. 95-675, eff. 10-11-07; 95-876, eff. 8-21-08;
revised 11-18-11.)
(105 ILCS 5/10-20.53)
Sec. 10-20.53. Minimum reading instruction. Each school
board shall promote 60 minutes of minimum reading opportunities
daily for students in kindergarten through 3rd grade whose
reading level is one grade level or lower than their his or her
current grade level according to current learning standards and
the school district.
(Source: P.A. 97-88, eff. 7-8-11; revised 10-7-11.)
(105 ILCS 5/10-20.54)
Sec. 10-20.54 10-20.53. Student athletes; concussions and
head injuries.
(a) The General Assembly recognizes all of the following:
(1) Concussions are one of the most commonly reported
injuries in children and adolescents who participate in
sports and recreational activities. The Centers for
Disease Control and Prevention estimates that as many as
3,900,000 sports-related and recreation-related
concussions occur in the United States each year. A
concussion is caused by a blow or motion to the head or
body that causes the brain to move rapidly inside the
skull. The risk of catastrophic injuries or death are
significant when a concussion or head injury is not

properly evaluated and managed.
(2) Concussions are a type of brain injury that can
range from mild to severe and can disrupt the way the brain
normally works. Concussions can occur in any organized or
unorganized sport or recreational activity and can result
from a fall or from players colliding with each other, the
ground, or with obstacles. Concussions occur with or
without loss of consciousness, but the vast majority of
concussions occur without loss of consciousness.
(3) Continuing to play with a concussion or symptoms of
a head injury leaves a young athlete especially vulnerable
to greater injury and even death. The General Assembly
recognizes that, despite having generally recognized
return-to-play standards for concussions and head
injuries, some affected youth athletes are prematurely
returned to play, resulting in actual or potential physical
injury or death to youth athletes in this State.
(b) Each school board shall adopt a policy regarding
student athlete concussions and head injuries that is in
compliance with the protocols, policies, and by-laws of the
Illinois High School Association. Information on the school
board's concussion and head injury policy must be a part of any
agreement, contract, code, or other written instrument that a
school district requires a student athlete and his or her
parents or guardian to sign before participating in practice or
interscholastic competition.

(c) The Illinois High School Association shall make
available to all school districts, including elementary school
districts, education materials, such as visual presentations
and other written materials, that describe the nature and risk
of concussions and head injuries. Each school district shall
use education materials provided by the Illinois High School
Association to educate coaches, student athletes, and parents
and guardians of student athletes about the nature and risk of
concussions and head injuries, including continuing play after
a concussion or head injury.
(Source: P.A. 97-204, eff. 7-28-11; revised 10-7-11.)
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
Sec. 10-21.9. Criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer and
Violent Offender Against Youth Database.
(a) Certified and noncertified applicants for employment
with a school district, except school bus driver applicants,
are required as a condition of employment to authorize a
fingerprint-based criminal history records check to determine
if such applicants have been convicted of any of the enumerated
criminal or drug offenses in subsection (c) of this Section or
have been convicted, within 7 years of the application for
employment with the school district, of any other felony under
the laws of this State or of any offense committed or attempted
in any other state or against the laws of the United States

that, if committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check shall be furnished by the applicant
to the school district, except that if the applicant is a
substitute teacher seeking employment in more than one school
district, a teacher seeking concurrent part-time employment
positions with more than one school district (as a reading
specialist, special education teacher or otherwise), or an
educational support personnel employee seeking employment
positions with more than one district, any such district may
require the applicant to furnish authorization for the check to
the regional superintendent of the educational service region
in which are located the school districts in which the
applicant is seeking employment as a substitute or concurrent
part-time teacher or concurrent educational support personnel
employee. Upon receipt of this authorization, the school
district or the appropriate regional superintendent, as the
case may be, shall submit the applicant's name, sex, race, date
of birth, social security number, fingerprint images, and other
identifiers, as prescribed by the Department of State Police,
to the Department. The regional superintendent submitting the
requisite information to the Department of State Police shall
promptly notify the school districts in which the applicant is
seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee
that the check of the applicant has been requested. The

Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Department shall
charge the school district or the appropriate regional
superintendent a fee for conducting such check, which fee shall
be deposited in the State Police Services Fund and shall not
exceed the cost of the inquiry; and the applicant shall not be
charged a fee for such check by the school district or by the
regional superintendent, except that those applicants seeking
employment as a substitute teacher with a school district may
be charged a fee not to exceed the cost of the inquiry. Subject
to appropriations for these purposes, the State Superintendent
of Education shall reimburse school districts and regional
superintendents for fees paid to obtain criminal history
records checks under this Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender Database,
as authorized by the Sex Offender Community Notification Law,
for each applicant.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,

for each applicant.
(b) Any information concerning the record of convictions
obtained by the president of the school board or the regional
superintendent shall be confidential and may only be
transmitted to the superintendent of the school district or his
designee, the appropriate regional superintendent if the check
was requested by the school district, the presidents of the
appropriate school boards if the check was requested from the
Department of State Police by the regional superintendent, the
State Superintendent of Education, the State Teacher
Certification Board, any other person necessary to the decision
of hiring the applicant for employment, or for clarification
purposes the Department of State Police or Statewide Sex
Offender Database, or both. A copy of the record of convictions
obtained from the Department of State Police shall be provided
to the applicant for employment. Upon the check of the
Statewide Sex Offender Database, the school district or
regional superintendent shall notify an applicant as to whether
or not the applicant has been identified in the Database as a
sex offender. If a check of an applicant for employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee in more than one school
district was requested by the regional superintendent, and the
Department of State Police upon a check ascertains that the
applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c) or has not been

convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent and if the regional
superintendent upon a check ascertains that the applicant has
not been identified in the Sex Offender Database as a sex
offender, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Department of State Police the applicant has
not been convicted of any of the enumerated criminal or drug
offenses in subsection (c) or has not been convicted, within 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State and evidencing that as of the date
that the regional superintendent conducted a check of the
Statewide Sex Offender Database, the applicant has not been
identified in the Database as a sex offender. The school board
of any school district may rely on the certificate issued by
any regional superintendent to that substitute teacher,
concurrent part-time teacher, or concurrent educational

support personnel employee or may initiate its own criminal
history records check of the applicant through the Department
of State Police and its own check of the Statewide Sex Offender
Database as provided in subsection (a). Any person who releases
any confidential information concerning any criminal
convictions of an applicant for employment shall be guilty of a
Class A misdemeanor, unless the release of such information is
authorized by this Section.
(c) No school board shall knowingly employ a person who has
been convicted of any offense that would subject him or her to
license suspension or revocation pursuant to Section 21B-80 of
this Code. Further, no school board shall knowingly employ a
person who has been found to be the perpetrator of sexual or
physical abuse of any minor under 18 years of age pursuant to
proceedings under Article II of the Juvenile Court Act of 1987.
(d) No school board shall knowingly employ a person for
whom a criminal history records check and a Statewide Sex
Offender Database check has not been initiated.
(e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued
pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
Code, the State Superintendent of Education may initiate
certificate suspension and revocation proceedings as
authorized by law.
(e-5) The superintendent of the employing school board
shall, in writing, notify the State Superintendent of Education

and the applicable regional superintendent of schools of any
certificate holder whom he or she has reasonable cause to
believe has committed an intentional act of abuse or neglect
with the result of making a child an abused child or a
neglected child, as defined in Section 3 of the Abused and
Neglected Child Reporting Act, and that act resulted in the
certificate holder's dismissal or resignation from the school
district. This notification must be submitted within 30 days
after the dismissal or resignation. The certificate holder must
also be contemporaneously sent a copy of the notice by the
superintendent. All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State Board
of Education, or the State Teacher Certification Board under
this subsection (e-5) is confidential and must not be disclosed
to third parties, except (i) as necessary for the State
Superintendent of Education or his or her designee to
investigate and prosecute pursuant to Article 21 of this Code,
(ii) pursuant to a court order, (iii) for disclosure to the
certificate holder or his or her representative, or (iv) as
otherwise provided in this Article and provided that any such
information admitted into evidence in a hearing is exempt from
this confidentiality and non-disclosure requirement. Except
for an act of willful or wanton misconduct, any superintendent
who provides notification as required in this subsection (e-5)
shall have immunity from any liability, whether civil or

criminal or that otherwise might result by reason of such
action.
(f) After January 1, 1990 the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide Sex
Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Department of State Police and
for conducting a check of the Statewide Sex Offender Database
for each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
(g) In order to student teach in the public schools, a
person is required to authorize a fingerprint-based criminal
history records check and checks of the Statewide Sex Offender

Database and Statewide Murderer and Violent Offender Against
Youth Database prior to participating in any field experiences
in the public schools. Authorization for and payment of the
costs of the checks must be furnished by the student teacher.
Results of the checks must be furnished to the higher education
institution where the student teacher is enrolled and the
superintendent of the school district where the student is
assigned.
(h) Upon request of a school, school district, community
college district, or private school, any information obtained
by a school district pursuant to subsection (f) of this Section
within the last year must be made available to that school,
school district, community college district, or private
school.
(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
96-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12;
97-607, eff. 8-26-11; revised 9-21-11.)
(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, 356z.14, and 356z.15 of the Illinois Insurance Code.

Insurance policies shall comply with Section 356z.19 of the
Illinois Insurance Code. The coverage shall comply with Section
155.22a 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. 96-139, eff. 1-1-10; 96-328, eff. 8-11-09;
96-1000, eff. 7-2-10; 97-282, eff. 8-9-11; 97-343, eff. 1-1-12;
revised 9-28-11.)
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, and no action shall lie
against them for such expulsion. Expulsion shall take place
only after the parents have been requested to appear at a
meeting of the board, or with a hearing officer appointed by
it, to discuss their child's behavior. Such request shall be
made by registered or certified mail and shall state the time,
place and purpose of the meeting. The board, or a hearing
officer appointed by it, at such meeting shall state the

reasons for dismissal and the date on which the expulsion is to
become effective. If a hearing officer is appointed by the
board he shall report to the board a written summary of the
evidence heard at the meeting and the board may take such
action thereon as it finds appropriate. An expelled pupil may
be immediately transferred to an alternative program in the
manner provided in Article 13A or 13B of this Code. A pupil
must not be denied transfer because of the expulsion, except in
cases in which such transfer is deemed to cause a threat to the
safety of students or staff in the alternative program.
(b) To suspend or by policy to authorize the superintendent
of the district or the principal, assistant principal, or dean
of students of any school to suspend pupils guilty of gross
disobedience or misconduct, or to suspend pupils guilty of
gross disobedience or misconduct on the school bus from riding
the school bus, and no action shall lie against them for such
suspension. The board may by policy authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of such acts for a period not to exceed 10 school days.
If a pupil is suspended due to gross disobedience or misconduct
on a school bus, the board may suspend the pupil in excess of
10 school days for safety reasons. Any suspension shall be
reported immediately to the parents or guardian of such pupil
along with a full statement of the reasons for such suspension
and a notice of their right to a review. The school board must

be given a summary of the notice, including the reason for the
suspension and the suspension length. Upon request of the
parents or guardian the school board or a hearing officer
appointed by it shall review such action of the superintendent
or principal, assistant principal, or dean of students. At such
review the parents or guardian of the pupil may appear and
discuss the suspension with the board or its hearing officer.
If a hearing officer is appointed by the board he shall report
to the board a written summary of the evidence heard at the
meeting. After its hearing or upon receipt of the written
report of its hearing officer, the board may take such action
as it finds appropriate. A pupil who is suspended in excess of
20 school days may be immediately transferred to an alternative
program in the manner provided in Article 13A or 13B of this
Code. A pupil must not be denied transfer because of the
suspension, except in cases in which such transfer is deemed to
cause a threat to the safety of students or staff in the
alternative program.
(c) The Department of Human Services shall be invited to
send a representative to consult with the board at such meeting
whenever there is evidence that mental illness may be the cause
for expulsion or suspension.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a case by
case basis. A student who is determined to have brought one of
the following objects to school, any school-sponsored activity

or event, or any activity or event that bears a reasonable
relationship to school shall be expelled for a period of not
less than one year:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,
firearm as defined in Section 1.1 of the Firearm Owners
Identification Card Act, or firearm as defined in Section
24-1 of the Criminal Code of 1961. The expulsion period
under this subdivision (1) may be modified by the
superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by
the superintendent, and the superintendent's determination
may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the Federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code. The provisions of this

subsection (d) apply in all school districts, including special
charter districts and districts organized under Article 34.
(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case by case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within the
school grounds at the time the threat was made, and (iii) the
threat could be reasonably interpreted as threatening to the
safety and security of the threatened individual because of his
or her duties or employment status or status as a student
inside the school. The provisions of this subsection (d-5)
apply in all school districts, including special charter
districts and districts organized under Article 34 of this
Code.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as

personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities. The
provisions of this subsection (e) apply in all school
districts, including special charter districts and districts
organized under Article 34.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any

public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A of
this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program. This subsection (g)
applies to all school districts, including special charter
districts and districts organized under Article 34 of this
Code.
(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
97-340, eff. 1-1-12; 97-495, eff. 1-1-12; revised 9-28-11.)
(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
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
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
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.
(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
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
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
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
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
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,
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
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
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
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
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
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.
(j) Pupils enrolled in a remote educational program
established under Section 10-29 of this Code may be counted
on the basis of one-fifth day of attendance for every clock
hour of instruction attended in the remote educational
program, provided that, in any month, the school district
may not claim for a student enrolled in a remote
educational program more days of attendance than the
maximum number of days of attendance the district can claim
(i) for students enrolled in a building holding year-round

classes if the student is classified as participating in
the remote educational program on a year-round schedule or
(ii) for students enrolled in a building not holding
year-round classes if the student is not classified as
participating in the remote educational program on a
year-round schedule.
(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
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
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
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
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
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
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.
(3.5) For the 2010-2011 school year and each school year
thereafter, if a school district's boundaries span multiple
counties, then the Department of Revenue shall send to the
State Board of Education, for the purpose of calculating
general State aid, the limiting rate and individual rates by
purpose for the county that contains the majority of the school
district's Equalized Assessed Valuation.
(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
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.
(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.
(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
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
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
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
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
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
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
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
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
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
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) (Blank).
(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
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
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
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
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
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. 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;
96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1480, eff.
11-18-10; 97-339, eff. 8-12-11; 97-351, eff. 8-12-11; revised
9-28-11.)
(105 ILCS 5/21-1b) (from Ch. 122, par. 21-1b)
(Section scheduled to be repealed on June 30, 2013)
Sec. 21-1b. Subject endorsement on certificates.
(a) All certificates initially issued under this Article
after June 30, 1986, shall be specifically endorsed by the
State Board of Education for each subject the holder of the
certificate is legally qualified to teach, such endorsements to
be made in accordance with standards promulgated by the State
Board of Education in consultation with the State Teacher
Certification Board. The regional superintendent of schools,
however, has the duty, after appropriate training, to accept
and review all transcripts for new initial certificate
applications and ensure that each applicant has met all of the
criteria established by the State Board of Education in

consultation with with the State Teacher Certification Board.
All certificates which are issued under this Article prior to
July 1, 1986 may, by application to the State Board of
Education, be specifically endorsed for each subject the holder
is legally qualified to teach. Endorsements issued under this
Section shall not apply to substitute teacher's certificates
issued under Section 21-9 of this Code.
(b) Until December 31, 2011, each application for
endorsement of an existing teaching certificate shall be
accompanied by a $30 nonrefundable fee.
(c) Beginning on January 1, 2012, each application for
endorsement of an existing teaching certificate must be
accompanied by a $50 nonrefundable fee.
(d) There is hereby created a Teacher Certificate Fee
Revolving Fund as a special fund within the State Treasury. The
proceeds of each endorsement fee shall be paid into the Teacher
Certificate Fee Revolving Fund; and the moneys in that Fund
shall be appropriated and used to provide the technology and
other resources necessary for the timely and efficient
processing of certification requests. The Teacher Certificate
Fee Revolving Fund is not subject to administrative charge
transfers authorized under Section 8h of the State Finance Act
from the Teacher Certificate Fee Revolving Fund into any other
fund of this State.
(e) The State Board of Education and each regional office
of education are authorized to charge a service or convenience

fee for the use of credit cards for the payment of
certification fees. This service or convenience fee may not
exceed the amount required by the credit card processing
company or vendor that has entered into a contract with the
State Board or regional office of education for this purpose,
and the fee must be paid to that company or vendor.
(f) This Section is repealed on June 30, 2013.
(Source: P.A. 96-403, eff. 8-13-09; 97-607, eff. 8-26-11;
revised 11-18-11.)
(105 ILCS 5/21-7.1) (from Ch. 122, par. 21-7.1)
(Section scheduled to be repealed on June 30, 2013)
Sec. 21-7.1. Administrative certificate.
(a) After July 1, 1999, an administrative certificate valid
for 5 years of supervising and administering in the public
common schools (unless changed under subsection (a-5) of this
Section) may be issued to persons who have graduated from a
regionally accredited institution of higher learning with a
master's degree or its equivalent and who have been recommended
by a recognized institution of higher learning, a
not-for-profit entity, or a combination thereof, as having
completed a program of preparation for one or more of these
endorsements. Such programs of academic and professional
preparation required for endorsement shall be administered by
an institution or not-for-profit entity approved to offer such
programs by the State Board of Education, in consultation with

the State Teacher Certification Board, and shall be operated in
accordance with this Article and the standards set forth by the
State Superintendent of Education in consultation with the
State Teacher Certification Board. Any program offered in whole
or in part by a not-for-profit entity must also be approved by
the Board of Higher Education.
(a-5) Beginning July 1, 2003, if an administrative
certificate holder holds a Standard Teaching Certificate, the
validity period of the administrative certificate shall be
changed, if necessary, so that the validity period of the
administrative certificate coincides with the validity period
of the Standard Teaching Certificate. Beginning July 1, 2003,
if an administrative certificate holder holds a Master Teaching
Certificate, the validity period of the administrative
certificate shall be changed so that the validity period of the
administrative certificate coincides with the validity period
of the Master Teaching Certificate.
(b) No administrative certificate shall be issued for the
first time after June 30, 1987 and no endorsement provided for
by this Section shall be made or affixed to an administrative
certificate for the first time after June 30, 1987 unless the
person to whom such administrative certificate is to be issued
or to whose administrative certificate such endorsement is to
be affixed has been required to demonstrate as a part of a
program of academic or professional preparation for such
certification or endorsement: (i) an understanding of the

knowledge called for in establishing productive parent-school
relationships and of the procedures fostering the involvement
which such relationships demand; and (ii) an understanding of
the knowledge required for establishing a high quality school
climate and promoting good classroom organization and
management, including rules of conduct and instructional
procedures appropriate to accomplishing the tasks of
schooling; and (iii) a demonstration of the knowledge and
skills called for in providing instructional leadership. The
standards for demonstrating an understanding of such knowledge
shall be set forth by the State Board of Education in
consultation with the State Teacher Certification Board, and
shall be administered by the recognized institutions of higher
learning as part of the programs of academic and professional
preparation required for certification and endorsement under
this Section. As used in this subsection: "establishing
productive parent-school relationships" means the ability to
maintain effective communication between parents and school
personnel, to encourage parental involvement in schooling, and
to motivate school personnel to engage parents in encouraging
student achievement, including the development of programs and
policies which serve to accomplish this purpose; and
"establishing a high quality school climate" means the ability
to promote academic achievement, to maintain discipline, to
recognize substance abuse problems among students and utilize
appropriate law enforcement and other community resources to

address these problems, to support teachers and students in
their education endeavors, to establish learning objectives
and to provide instructional leadership, including the
development of policies and programs which serve to accomplish
this purpose; and "providing instructional leadership" means
the ability to effectively evaluate school personnel, to
possess general communication and interpersonal skills, and to
establish and maintain appropriate classroom learning
environments. The provisions of this subsection shall not apply
to or affect the initial issuance or making on or before June
30, 1987 of any administrative certificate or endorsement
provided for under this Section, nor shall such provisions
apply to or affect the renewal after June 30, 1987 of any such
certificate or endorsement initially issued or made on or
before June 30, 1987.
(c) Administrative certificates shall be renewed every 5
years with the first renewal being 5 years following the
initial receipt of an administrative certificate, unless the
validity period for the administrative certificate has been
changed under subsection (a-5) of this Section, in which case
the certificate shall be renewed at the same time that the
Standard or Master Teaching Certificate is renewed.
(c-5) (Blank).
(c-10) Except as otherwise provided in subsection (c-15) of
this Section, persons holding administrative certificates must
follow the certificate renewal procedure set forth in this

subsection (c-10), provided that those persons holding
administrative certificates on June 30, 2003 who are renewing
those certificates on or after July 1, 2003 shall be issued new
administrative certificates valid for 5 years (unless changed
under subsection (a-5) of this Section), which may be renewed
thereafter as set forth in this subsection (c-10).
A person holding an administrative certificate and
employed in a position requiring administrative certification,
including a regional superintendent of schools, must satisfy
the continuing professional development requirements of this
Section to renew his or her administrative certificate. The
continuing professional development must include without
limitation the following continuing professional development
purposes:
(1) To improve the administrator's knowledge of
instructional practices and administrative procedures in
accordance with the Illinois Professional School Leader
Standards.
(2) To maintain the basic level of competence required
for initial certification.
(3) To improve the administrator's mastery of skills
and knowledge regarding the improvement of teaching
performance in clinical settings and assessment of the
levels of student performance in the schools.
The continuing professional development must include the
following in order for the certificate to be renewed:

(A) Participation in continuing professional
development activities, which must total a minimum of 100
hours of continuing professional development. The
participation must consist of a minimum of 5 activities per
validity period of the certificate, and the certificate
holder must maintain documentation of completion of each
activity.
(B) Participation every year in an Illinois
Administrators' Academy course, which participation must
total a minimum of 30 continuing professional development
hours during the period of the certificate's validity and
which must include completion of applicable required
coursework, including completion of a communication,
dissemination, or application component, as defined by the
State Board of Education.
The certificate holder must complete a verification form
developed by the State Board of Education and certify that 100
hours of continuing professional development activities and 5
Administrators' Academy courses have been completed. The
regional superintendent of schools shall review and validate
the verification form for a certificate holder. Based on
compliance with all of the requirements for renewal, the
regional superintendent of schools shall forward a
recommendation for renewal or non-renewal to the State
Superintendent of Education and shall notify the certificate
holder of the recommendation. The State Superintendent of

Education shall review the recommendation to renew or non-renew
and shall notify, in writing, the certificate holder of a
decision denying renewal of his or her certificate. Any
decision regarding non-renewal of an administrative
certificate may be appealed to the State Teacher Certification
Board.
The State Board of Education, in consultation with the
State Teacher Certification Board, shall adopt rules to
implement this subsection (c-10).
The regional superintendent of schools shall monitor the
process for renewal of administrative certificates established
in this subsection (c-10).
(c-15) This subsection (c-15) applies to the first period
of an administrative certificate's validity during which the
holder becomes subject to the requirements of subsection (c-10)
of this Section if the certificate has less than 5 years'
validity or has less than 5 years' validity remaining when the
certificate holder becomes subject to the requirements of
subsection (c-10) of this Section. With respect to this period,
the 100 hours of continuing professional development and 5
activities per validity period specified in clause (A) of
subsection (c-10) of this Section shall instead be deemed to
mean 20 hours of continuing professional development and one
activity per year of the certificate's validity or remaining
validity and the 30 continuing professional development hours
specified in clause (B) of subsection (c-10) of this Section

shall instead be deemed to mean completion of at least one
course per year of the certificate's validity or remaining
validity. Certificate holders who evaluate certified staff
must complete a 2-day teacher evaluation course, in addition to
the 30 continuing professional development hours.
(c-20) The State Board of Education, in consultation with
the State Teacher Certification Board, shall develop
procedures for implementing this Section and shall administer
the renewal of administrative certificates. Failure to submit
satisfactory evidence of continuing professional education
which contributes to promoting the goals of this Section shall
result in a loss of administrative certification.
(d) Any limited or life supervisory certificate issued
prior to July 1, 1968 shall continue to be valid for all
administrative and supervisory positions in the public schools
for which it is valid as of that date as long as its holder
meets the requirements for registration or renewal as set forth
in the statutes or until revoked according to law.
(e) The administrative or supervisory positions for which
the certificate shall be valid shall be determined by one or
more of the following endorsements: general supervisory,
general administrative, principal, chief school business
official, and superintendent.
Subject to the provisions of Section 21-1a, endorsements
shall be made under conditions set forth in this Section. The
State Board of Education shall, in consultation with the State

Teacher Certification Board, adopt rules pursuant to the
Illinois Administrative Procedure Act, establishing
requirements for obtaining administrative certificates where
the minimum administrative or supervisory requirements surpass
those set forth in this Section.
The State Teacher Certification Board shall file with the
State Board of Education a written recommendation when
considering additional administrative or supervisory
requirements. All additional requirements shall be based upon
the requisite knowledge necessary to perform those tasks
required by the certificate. The State Board of Education shall
in consultation with the State Teacher Certification Board,
establish standards within its rules which shall include the
academic and professional requirements necessary for
certification. These standards shall at a minimum contain, but
not be limited to, those used by the State Board of Education
in determining whether additional knowledge will be required.
Additionally, the State Board of Education shall in
consultation with the State Teacher Certification Board,
establish provisions within its rules whereby any member of the
educational community or the public may file a formal written
recommendation or inquiry regarding requirements.
(1) Until July 1, 2003, the general supervisory
endorsement shall be affixed to the administrative
certificate of any holder who has at least 16 semester
hours of graduate credit in professional education

including 8 semester hours of graduate credit in curriculum
and research and who has at least 2 years of full-time
teaching experience or school service personnel experience
in public schools, schools under the supervision of the
Department of Corrections, schools under the
administration of the Department of Rehabilitation
Services, or nonpublic schools meeting the standards
established by the State Superintendent of Education or
comparable out-of-state recognition standards approved by
the State Superintendent of Education.
Such endorsement shall be required for supervisors,
curriculum directors and for such similar and related
positions as determined by the State Superintendent of
Education in consultation with the State Teacher
Certification Board.
(2) Until August 31, 2014, the general administrative
endorsement shall be affixed to the administrative
certificate of any holder who has at least 20 semester
hours of graduate credit in educational administration and
supervision and who has at least 2 years of full-time
teaching experience or school service personnel experience
in public schools, schools under the supervision of the
Department of Corrections, schools under the
administration of the Department of Rehabilitation
Services, or nonpublic schools meeting the standards
established by the State Superintendent of Education or

comparable out-of-state recognition standards approved by
the State Superintendent of Education.
Such endorsement or a principal endorsement shall be
required for principal, assistant principal, assistant or
associate superintendent, and junior college dean and for
related or similar positions as determined by the State
Superintendent of Education in consultation with the State
Teacher Certification Board.
(2.5) The principal endorsement shall be affixed to the
administrative certificate of any holder who qualifies by:
(A) successfully completing a principal
preparation program approved in accordance with
Section 21-7.6 of this Code and any applicable rules;
(B) having 4 years of teaching experience;
however, the State Board of Education shall allow, by
rules, for fewer than 4 years of experience based on
meeting standards set forth in such rules, including
without limitation a review of performance evaluations
or other evidence of demonstrated qualifications; and
(C) having a master's degree.
(3) The chief school business official endorsement
shall be affixed to the administrative certificate of any
holder who qualifies by having a Master's degree, 2 years
of administrative experience in school business management
or 2 years of university-approved practical experience,
and a minimum of 20 semester hours of graduate credit in a

program established by the State Superintendent of
Education in consultation with the State Teacher
Certification Board for the preparation of school business
administrators. Such endorsement shall also be affixed to
the administrative certificate of any holder who qualifies
by having a Master's Degree in Public Administration,
Business Administration, Finance, or Accounting and 6
semester hours of internship in school business management
from a regionally accredited institution of higher
education.
After June 30, 1977, such endorsement shall be required
for any individual first employed as a chief school
business official.
(4) The superintendent endorsement shall be affixed to
the administrative certificate of any holder who has
completed 30 semester hours of graduate credit beyond the
master's degree in a program for the preparation of
superintendents of schools including 16 semester hours of
graduate credit in professional education and who has at
least 2 years experience as an administrator or supervisor
in the public schools or the State Board of Education or
education service regions or in nonpublic schools meeting
the standards established by the State Superintendent of
Education or comparable out-of-state recognition standards
approved by the State Superintendent of Education and holds
general supervisory or general administrative endorsement,

or who has had 2 years of experience as a supervisor, chief
school business official, or administrator while holding
an all-grade supervisory certificate or a certificate
comparable in validity and educational and experience
requirements.
After June 30, 1968, such endorsement shall be required
for a superintendent of schools, except as provided in the
second paragraph of this Section and in Section 34-6.
Any person appointed to the position of superintendent
between the effective date of this Act and June 30, 1993 in
a school district organized pursuant to Article 32 with an
enrollment of at least 20,000 pupils shall be exempt from
the provisions of this paragraph (4) until June 30, 1996.
(f) All official interpretations or acts of issuing or
denying administrative certificates or endorsements by the
State Teacher's Certification Board, State Board of Education
or the State Superintendent of Education, from the passage of
P.A. 81-1208 on November 8, 1979 through September 24, 1981 are
hereby declared valid and legal acts in all respects and
further that the purported repeal of the provisions of this
Section by P.A. 81-1208 and P.A. 81-1509 is declared null and
void.
(g) This Section is repealed on June 30, 2013.
(Source: P.A. 96-56, eff. 1-1-10; 96-903, eff. 7-1-10; 96-982,
eff. 1-1-11; 96-1423, eff. 8-3-10; 97-255, eff. 8-4-11; 97-333,
eff. 8-12-11; 97-607, eff. 8-26-11; revised 9-28-11.)

(105 ILCS 5/21-25) (from Ch. 122, par. 21-25)
(Section scheduled to be repealed on June 30, 2013)
Sec. 21-25. School service personnel certificate.
(a) For purposes of this Section, "school service
personnel" means persons employed and performing appropriate
services in an Illinois public or State-operated elementary
school, secondary school, or cooperative or joint agreement
with a governing body or board of control or a charter school
operating in compliance with the Charter Schools Law in a
position requiring a school service personnel certificate.
Subject to the provisions of Section 21-1a, a school
service personnel certificate shall be issued to those
applicants of good character, good health, a citizen of the
United States and at least 19 years of age who have a
Bachelor's degree with not fewer than 120 semester hours from a
regionally accredited institution of higher learning and who
meets the requirements established by the State Superintendent
of Education in consultation with the State Teacher
Certification Board. A school service personnel certificate
with a school nurse endorsement may be issued to a person who
holds a bachelor of science degree from an institution of
higher learning accredited by the North Central Association or
other comparable regional accrediting association. Persons
seeking any other endorsement on the school service personnel
certificate shall be recommended for the endorsement by a

recognized teacher education institution as having completed a
program of preparation approved by the State Superintendent of
Education in consultation with the State Teacher Certification
Board.
(b) Until August 30, 2002, a school service personnel
certificate endorsed for school social work may be issued to a
student who has completed a school social work program that has
not been approved by the State Superintendent of Education,
provided that each of the following conditions is met:
(1) The program was offered by a recognized, public
teacher education institution that first enrolled students
in its master's degree program in social work in 1998;
(2) The student applying for the school service
personnel certificate was enrolled in the institution's
master's degree program in social work on or after May 11,
1998;
(3) The State Superintendent verifies that the student
has completed coursework that is substantially similar to
that required in approved school social work programs,
including (i) not fewer than 600 clock hours of a
supervised internship in a school setting or (ii) if the
student has completed part of a supervised internship in a
school setting prior to the effective date of this
amendatory Act of the 92nd General Assembly and receives
the prior approval of the State Superintendent, not fewer
than 300 additional clock hours of supervised work in a

public school setting under the supervision of a certified
school social worker who certifies that the supervised work
was completed in a satisfactory manner; and
(4) The student has passed a test of basic skills and
the test of subject matter knowledge required by Section
21-1a.
This subsection (b) does not apply after August 29, 2002.
(c) A school service personnel certificate shall be
endorsed with the area of Service as determined by the State
Superintendent of Education in consultation with the State
Teacher Certification Board.
The holder of such certificate shall be entitled to all of
the rights and privileges granted holders of a valid teaching
certificate, including teacher benefits, compensation and
working conditions.
When the holder of such certificate has earned a master's
degree, including 8 semester hours of graduate professional
education from a recognized institution of higher learning, and
has at least 2 years of successful school experience while
holding such certificate, the certificate may be endorsed for
supervision.
(d) Persons who have successfully achieved National Board
certification through the National Board for Professional
Teaching Standards shall be issued a Master School Service
Personnel Certificate, valid for 10 years and renewable
thereafter every 10 years through compliance with requirements

set forth by the State Board of Education, in consultation with
the State Teacher Certification Board. However, each holder of
a Master School Service Personnel Certificate shall be eligible
for a corresponding position in this State in the areas for
which he or she holds a Master Certificate without satisfying
any other requirements of this Code, except for those
requirements pertaining to criminal background checks.
(e) School service personnel certificates are renewable
every 5 years and may be renewed as provided in this Section.
Requests for renewals must be submitted, in a format prescribed
by the State Board of Education, to the regional office of
education responsible for the school where the holder is
employed.
Upon completion of at least 80 hours of continuing
professional development as provided in this subsection (e), a
person who holds a valid school service personnel certificate
shall have his or her certificate renewed for a period of 5
years. A person who (i) holds an active license issued by the
State as a clinical professional counselor, a professional
counselor, a clinical social worker, a social worker, or a
speech-language pathologist; (ii) holds national certification
as a Nationally Certified School Psychologist from the National
School Psychology Certification Board; (iii) is nationally
certified as a National Certified School Nurse from the
National Board for Certification of School Nurses; (iv) is
nationally certified as a National Certified Counselor or

National Certified School Counselor from the National Board for
Certified Counselors; or (v) holds a Certificate of Clinical
Competence from the American Speech-Language-Hearing
Association shall be deemed to have satisfied the continuing
professional development requirements established by the State
Board of Education and the State Teacher Certification Board to
renew a school service personnel certificate.
School service personnel certificates may be renewed by the
State Teacher Certification Board based upon proof of
continuing professional development. The State Board of
Education shall (i) establish a procedure for renewing school
service personnel certificates, which shall include without
limitation annual timelines for the renewal process and the
components set forth in this Section; (ii) approve or
disapprove the providers of continuing professional
development activities; and (iii) provide, on a timely basis to
all school service personnel certificate holders, regional
superintendents of schools, school districts, and others with
an interest in continuing professional development,
information about the standards and requirements established
pursuant to this subsection (e).
Any school service personnel certificate held by an
individual employed and performing services in an Illinois
public or State-operated elementary school, secondary school,
or cooperative or joint agreement with a governing body or
board of control in a certificated school service personnel

position or in a charter school in compliance with the Charter
Schools Law must be maintained Valid and Active through
certificate renewal activities specified in the certificate
renewal procedure established pursuant to this Section,
provided that a holder of a Valid and Active certificate who is
only employed on either a part-time basis or day-to-day basis
as a substitute shall pay only the required registration fee to
renew his or her certificate and maintain it as Valid and
Active. All other school service personnel certificates held
may be maintained as Valid and Exempt through the registration
process provided for in the certificate renewal procedure
established pursuant to Section 21-14 of this Code. A Valid and
Exempt certificate must be immediately activated, through
procedures developed by the State Board of Education upon the
certificate holder becoming employed and performing services
in an Illinois public or State-operated elementary school,
secondary school, or cooperative or joint agreement with a
governing body or board of control in a certificated school
service personnel position or in a charter school operating in
compliance with the Charter Schools Law. A holder of a Valid
and Exempt certificate may activate his or her certificate
through procedures provided for in the certificate renewal
procedure established pursuant to this Section.
A school service personnel certificate that has been
maintained as Valid and Active for the 5 years of the
certificate's validity shall be renewed as Valid and Active

upon the certificate holder (i) completing the National Board
for Professional Teaching Standards process in an area of
concentration comparable to the holder's school service
personnel certificate of endorsement or (ii) earning 80
continuing professional development units as described in this
Section. If, however, the certificate holder has maintained the
certificate as Valid and Exempt for a portion of the 5-year
period of validity, the number of continuing professional
development units needed to renew the certificate as Valid and
Active must be proportionately reduced by the amount of time
the certificate was Valid and Exempt. If a certificate holder
is employed and performs services requiring the holder's school
service personnel certificate on a part-time basis for all or a
portion of the certificate's 5-year period of validity, the
number of continuing professional development units needed to
renew the certificate as Valid and Active shall be reduced by
50% for the amount of time the certificate holder has been
employed and performing such services on a part-time basis.
"Part-time" means less than 50% of the school day or school
term.
Beginning July 1, 2008, in order to satisfy the
requirements for continuing professional development provided
for in this Section, each Valid and Active school service
personnel certificate holder shall complete professional
development activities that address the certificate or those
certificates that are required of his or her certificated

position, if the certificate holder is employed and performing
services in an Illinois public or State operated elementary
school, secondary school, or cooperative or joint agreement
with a governing body or board of control, or that certificate
or those certificates most closely related to his or her
teaching position, if the certificate holder is employed in a
charter school. Except as otherwise provided in this subsection
(e), the certificate holder's activities must address and must
reflect the following continuing professional development
purposes:
(1) Advance both the certificate holder's knowledge
and skills consistent with the Illinois Standards for the
service area in which the certificate is endorsed in order
to keep the certificate holder current in that area.
(2) Develop the certificate holder's knowledge and
skills in areas determined by the State Board of Education
to be critical for all school service personnel.
(3) Address the knowledge, skills, and goals of the
certificate holder's local school improvement plan, if the
certificate holder is employed in an Illinois public or
State-operated elementary school, secondary school, or
cooperative or joint agreement with a governing body or
board of control.
(4) Address the needs of serving students with
disabilities, including adapting and modifying clinical or
professional practices to meet the needs of students with

disabilities and serving such students in the least
restrictive environment.
(5) Address the needs of serving students who are the
children of immigrants, including, if the certificate
holder is employed as a counselor in an Illinois public or
State-operated secondary school, opportunities for higher
education for students who are undocumented immigrants.
The coursework or continuing professional development
units ("CPDU") required under this subsection (e) must total 80
CPDUs or the equivalent and must address 4 of the 5 purposes
described in items (1) through (5) of this subsection (e).
Holders of school service personnel certificates may fulfill
this obligation with any combination of semester hours or CPDUs
as follows:
(A) Collaboration and partnership activities related
to improving the school service personnel certificate
holder's knowledge and skills, including (i) participating
on collaborative planning and professional improvement
teams and committees; (ii) peer review and coaching; (iii)
mentoring in a formal mentoring program, including service
as a consulting teacher participating in a remediation
process formulated under Section 24A-5 of this Code; (iv)
participating in site-based management or decision-making
teams, relevant committees, boards, or task forces
directly related to school improvement plans; (v)
coordinating community resources in schools, if the

project is a specific goal of the school improvement plan;
(vi) facilitating parent education programs for a school,
school district, or regional office of education directly
related to student achievement or school improvement
plans; (vii) participating in business, school, or
community partnerships directly related to student
achievement or school improvement plans; or (viii)
supervising a student teacher (student services personnel)
or teacher education candidate in clinical supervision,
provided that the supervision may be counted only once
during the course of 5 years.
(B) Coursework from a regionally accredited
institution of higher learning related to one of the
purposes listed in items (1) through (4) of this subsection
(e), which shall apply at the rate of 15 continuing
professional development units per semester hour of credit
earned during the previous 5-year period when the status of
the holder's school service personnel certificate was
Valid and Active. Proportionate reductions shall apply
when the holder's status was Valid and Active for less than
the 5-year period preceding the renewal.
(C) Teaching college or university courses in areas
relevant to the certificate area being renewed, provided
that the teaching may be counted only once during the
course of 5 years.
(D) Conferences, workshops, institutes, seminars, or

symposiums designed to improve the certificate holder's
knowledge and skills in the service area and applicable to
the purposes listed in items (1) through (5) of this
subsection (e). One CPDU shall be awarded for each hour of
attendance. No one shall receive credit for conferences,
workshops, institutes, seminars, or symposiums that are
designed for entertainment, promotional, or commercial
purposes or that are solely inspirational or motivational.
The State Superintendent of Education and regional
superintendents of schools are authorized to review the
activities and events provided or to be provided under this
subdivision (D) and to investigate complaints regarding
those activities and events. Either the State
Superintendent of Education or a regional superintendent
of schools may recommend that the State Board of Education
disapprove those activities and events considered to be
inconsistent with this subdivision (D).
(E) Completing non-university credit directly related
to student achievement, school improvement plans, or State
priorities.
(F) Participating in or presenting at workshops,
seminars, conferences, institutes, or symposiums.
(G) Training as external reviewers for quality
assurance.
(H) Training as reviewers of university teacher
preparation programs.

(I) Other educational experiences related to improving
the school service personnel's knowledge and skills as a
teacher, including (i) participating in action research
and inquiry projects; (ii) traveling related to one's
assignment and directly related to school service
personnel achievement or school improvement plans and
approved by the regional superintendent of schools or his
or her designee at least 30 days prior to the travel
experience, provided that the traveling shall not include
time spent commuting to destinations where the learning
experience will occur; (iii) participating in study groups
related to student achievement or school improvement
plans; (iv) serving on a statewide education-related
committee, including without limitation the State Teacher
Certification Board, State Board of Education strategic
agenda teams, or the State Advisory Council on Education of
Children with Disabilities; (v) participating in
work/learn programs or internships; or (vi) developing a
portfolio of student and teacher work.
(J) Professional leadership experiences related to
improving the teacher's knowledge and skills as a teacher,
including (i) participating in curriculum development or
assessment activities at the school, school district,
regional office of education, State, or national level;
(ii) participating in team or department leadership in a
school or school district; (iii) participating on external

or internal school or school district review teams; (iv)
publishing educational articles, columns, or books
relevant to the certificate area being renewed; or (v)
participating in non-strike-related professional
association or labor organization service or activities
related to professional development.
(f) This Section is repealed on June 30, 2013.
(Source: P.A. 97-233, eff. 8-1-11; 97-607, eff. 8-26-11;
revised 9-28-11.)
(105 ILCS 5/21-28)
Sec. 21-28. Special education teachers; certification.
(a) In order to create a special education workforce with
the broad-based knowledge necessary to educate students with a
variety of disabilities, the State Board of Education and State
Teacher Certification Board shall certify a special education
teacher under one of the following:
(1) Learning behavior specialist I.
(2) Learning behavior specialist II.
(3) Teacher of students who are blind or visually
impaired.
(4) Teacher of students who are deaf or hard of
hearing.
(5) Speech-language pathologist.
(6) Early childhood special education teacher.
(b) The State Board of Education is authorized to provide

for the assignment of individuals to special education
positions by short-term, emergency certification. Short-term,
emergency certification shall not be renewed.
(c) The State Board of Education is authorized to use
peremptory rulemaking, in accordance with Section 5-50 of the
Illinois Administrative Procedure Act, to place into the
Illinois Administrative Code the certification policies and
standards related to special education, as authorized under
this Section, that the State Board has been required to
implement pursuant to federal court orders dated February 27,
2001, August 15, 2001, and September 11, 2002 in the matter of
Corey H., et al. v. Board of Education of the City of Chicago,
et al. Intellectual disabilities
(Source: P.A. 97-227, eff. 1-1-12; 97-461, eff. 8-19-11;
revised 10-13-11.)
(105 ILCS 5/21B-75)
Sec. 21B-75. Suspension or revocation of license.
(a) As used in this Section, "teacher" means any school
district employee regularly required to be licensed, as
provided in this Article, in order to teach or supervise in the
public schools.
(b) The State Superintendent of Education has the exclusive
authority, in accordance with this Section and any rules
adopted by the State Board of Education, in consultation with
the State Educator Preparation and Licensure Board, to initiate

the suspension of up to 5 calendar years or revocation of any
license issued pursuant to this Article for abuse or neglect of
a child, immorality, a condition of health detrimental to the
welfare of pupils, incompetency, unprofessional conduct (which
includes the failure to disclose on an employment application
any previous conviction for a sex offense, as defined in
Section 21B-80 of this Code, or any other offense committed in
any other state or against the laws of the United States that,
if committed in this State, would be punishable as a sex
offense, as defined in Section 21B-80 of this Code), the
neglect of any professional duty, willful failure to report an
instance of suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act, failure to establish
satisfactory repayment on an educational loan guaranteed by the
Illinois Student Assistance Commission, or other just cause.
Unprofessional conduct shall include the refusal to attend or
participate in institutes, teachers' meetings, or professional
readings or to meet other reasonable requirements of the
regional superintendent of schools or State Superintendent of
Education. Unprofessional conduct also includes conduct that
violates the standards, ethics, or rules applicable to the
security, administration, monitoring, or scoring of or the
reporting of scores from any assessment test or examination
administered under Section 2-3.64 of this Code or that is known
or intended to produce or report manipulated or artificial,
rather than actual, assessment or achievement results or gains

from the administration of those tests or examinations.
Unprofessional conduct shall also include neglect or
unnecessary delay in the making of statistical and other
reports required by school officers. Incompetency shall
include, without limitation, 2 or more school terms of service
for which the license holder has received an unsatisfactory
rating on a performance evaluation conducted pursuant to
Article 24A of this Code within a period of 7 school terms of
service. In determining whether to initiate action against one
or more licenses based on incompetency and the recommended
sanction for such action, the State Superintendent shall
consider factors that include without limitation all of the
following:
(1) Whether the unsatisfactory evaluation ratings
occurred prior to June 13, 2011 (the effective date of
Public Act 97-8).
(2) Whether the unsatisfactory evaluation ratings
occurred prior to or after the implementation date, as
defined in Section 24A-2.5 of this Code, of an evaluation
system for teachers in a school district.
(3) Whether the evaluator or evaluators who performed
an unsatisfactory evaluation met the pre-licensure and
training requirements set forth in Section 24A-3 of this
Code.
(4) The time between the unsatisfactory evaluation
ratings.

(5) The quality of the remediation plans associated
with the unsatisfactory evaluation ratings and whether the
license holder successfully completed the remediation
plans.
(6) Whether the unsatisfactory evaluation ratings were
related to the same or different assignments performed by
the license holder.
(7) Whether one or more of the unsatisfactory
evaluation ratings occurred in the first year of a teaching
or administrative assignment.
When initiating an action against one or more licenses, the
State Superintendent may seek required professional
development as a sanction in lieu of or in addition to
suspension or revocation. Any such required professional
development must be at the expense of the license holder, who
may use, if available and applicable to the requirements
established by administrative or court order, training,
coursework, or other professional development funds in
accordance with the terms of an applicable collective
bargaining agreement entered into after June 13, 2011 (the
effective date of Public Act 97-8), unless that agreement
specifically precludes use of funds for such purpose.
(c) The State Superintendent of Education shall, upon
receipt of evidence of abuse or neglect of a child, immorality,
a condition of health detrimental to the welfare of pupils,
incompetency (subject to subsection (b) of this Section),

unprofessional conduct, the neglect of any professional duty,
or other just cause, further investigate and, if and as
appropriate, serve written notice to the individual and afford
the individual opportunity for a hearing prior to suspension,
or revocation, or other sanction; provided that the State
Superintendent is under no obligation to initiate such an
investigation if the Department of Children and Family Services
is investigating the same or substantially similar allegations
and its child protective service unit has not made its
determination, as required under Section 7.12 of the Abused and
Neglected Child Reporting Act. If the State Superintendent of
Education does not receive from an individual a request for a
hearing within 10 days after the individual receives notice,
the suspension, or revocation, or other sanction shall
immediately take effect in accordance with the notice. If a
hearing is requested within 10 days after notice of an
opportunity for hearing, it shall act as a stay of proceedings
until the State Educator Preparation and Licensure Board issues
a decision. Any hearing shall take place in the educational
service region where the educator is or was last employed and
in accordance with rules adopted by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board, and such rules shall include without
limitation provisions for discovery and the sharing of
information between parties prior to the hearing. The standard
of proof for any administrative hearing held pursuant to this

Section shall be by the preponderance of the evidence. The
decision of the State Educator Preparation and Licensure Board
is a final administrative decision and is subject to judicial
review by appeal of either party.
The State Board of Education may refuse to issue or may
suspend the license of any person who fails to file a return or
to pay the tax, penalty, or interest shown in a filed return or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
The exclusive authority of the State Superintendent of
Education to initiate suspension or revocation of a license
pursuant to this Section does not preclude a regional
superintendent of schools from cooperating with the State
Superintendent or a State's Attorney with respect to an
investigation of alleged misconduct.
(d) The State Superintendent of Education or his or her
designee may initiate and conduct such investigations as may be
reasonably necessary to establish the existence of any alleged
misconduct. At any stage of the investigation, the State
Superintendent may issue a subpoena requiring the attendance
and testimony of a witness, including the license holder, and
the production of any evidence, including files, records,
correspondence, or documents, relating to any matter in
question in the investigation. The subpoena shall require a

witness to appear at the State Board of Education at a
specified date and time and shall specify any evidence to be
produced. The license holder is not entitled to be present, but
the State Superintendent shall provide the license holder with
a copy of any recorded testimony prior to a hearing under this
Section. Such recorded testimony must not be used as evidence
at a hearing, unless the license holder has adequate notice of
the testimony and the opportunity to cross-examine the witness.
Failure of a license holder to comply with a duly issued,
investigatory subpoena may be grounds for revocation,
suspension, or denial of a license.
(e) All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State Board
of Education, or the State Educator Preparation and Licensure
Board under this Section is confidential and must not be
disclosed to third parties, except (i) as necessary for the
State Superintendent of Education or his or her designee to
investigate and prosecute pursuant to this Article, (ii)
pursuant to a court order, (iii) for disclosure to the license
holder or his or her representative, or (iv) as otherwise
required in this Article and provided that any such information
admitted into evidence in a hearing is exempt from this
confidentiality and non-disclosure requirement.
(f) The State Superintendent of Education or a person
designated by him or her shall have the power to administer

oaths to witnesses at any hearing conducted before the State
Educator Preparation and Licensure Board pursuant to this
Section. The State Superintendent of Education or a person
designated by him or her is authorized to subpoena and bring
before the State Educator Preparation and Licensure Board any
person in this State and to take testimony either orally or by
deposition or by exhibit, with the same fees and mileage and in
the same manner as prescribed by law in judicial proceedings in
civil cases in circuit courts of this State.
(g) Any circuit court, upon the application of the State
Superintendent of Education or the license holder, may, by
order duly entered, require the attendance of witnesses and the
production of relevant books and papers as part of any
investigation or at any hearing the State Educator Preparation
and Licensure Board is authorized to conduct pursuant to this
Section, and the court may compel obedience to its orders by
proceedings for contempt.
(h) The State Board of Education shall receive an annual
line item appropriation to cover fees associated with the
investigation and prosecution of alleged educator misconduct
and hearings related thereto.
(Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.
6-13-11; revised 1-10-12.)
(105 ILCS 5/22-65)
Sec. 22-65. The Task Force on the Prevention of Sexual

Abuse of Children. The Task Force on the Prevention of Sexual
Abuse of Children is created within the Department of Children
and Family Services. The Task Force shall consist of all of the
following members:
(1) One member of the General Assembly and one member
of the public, appointed by the President of the Senate.
(2) One member of the General Assembly and one member
of the public, appointed by the Minority Leader of the
Senate.
(3) One member of the General Assembly and one member
of the public, appointed by the Speaker of the House of
Representatives.
(4) One member of the General Assembly and one member
of the public, appointed by the Minority Leader of the
House of Representatives.
(5) The Director of Children and Family Services or his
or her designee.
(6) The State Superintendent of Education or his or her
designee.
(7) The Director of Public Health or his or her
designee.
(8) The Executive Director of the Illinois Violence
Prevention Authority or his or her designee.
(9) A representative of an agency that leads the
collaboration of the investigation, prosecution, and
treatment of child sexual and physical abuse cases,

appointed by the Director of Children and Family Services.
(10) A representative of an organization representing
law enforcement, appointed by the Director of State Police.
(11) A representative of a statewide professional
teachers' organization, appointed by the head of that
organization.
(12) A representative of a different statewide
professional teachers' organization, appointed by the head
of that organization.
(13) A representative of an organization involved in
the prevention of child abuse in this State, appointed by
the Director of Children and Family Services.
(14) A representative of an organization representing
school management in this State, appointed by the State
Superintendent of Education.
(15) Erin Merryn, for whom Section 10-23.13 of this
Code is named.
Members of the Task Force must be individuals who are
actively involved in the fields of the prevention of child
abuse and neglect and child welfare. The appointment of members
must reflect the geographic diversity of the State.
The Task Force shall elect a presiding officer by a
majority vote of the membership of the Task Force. The Task
Force shall meet at the call of the presiding officer.
The Task Force shall make recommendations for reducing
child sexual abuse in Illinois. In making those

recommendations, the Task Force shall:
(1) gather information concerning child sexual abuse
throughout the State;
(2) receive reports and testimony from individuals,
State and local agencies, community-based organizations,
and other public and private organizations;
(3) create goals for State policy that would prevent
child sexual abuse; and
(4) submit a final report with its recommendations to
the Office of the Governor and the General Assembly by
January 1, 2012.
The recommendations may include proposals for specific
statutory changes and methods to foster cooperation among State
agencies and between the State and local government.
The Task Force shall consult with employees of the
Department of Children and Family Services, the Criminal
Justice Information Agency, the Department of State Police, the
Illinois State Board of Education, and any other State agency
or department as necessary to accomplish the Task Force's
responsibilities under this Section.
The members of the Task Force shall serve without
compensation and shall not be reimbursed for their expenses.
The Task Force shall be abolished upon submission of the
final report to the Office of the Governor and the General
Assembly.
(Source: P.A. 96-1524, eff. 2-14-11.)

(105 ILCS 5/22-70)
Sec. 22-70 22-65. Enrollment information; children of
military personnel. At the time of annual enrollment or at any
time during the school year, a school district or a recognized
non-public school, except for sectarian non-public schools,
serving any of grades kindergarten through 12 shall provide,
either on its standard enrollment form or on a separate form,
the opportunity for the individual enrolling the student to
voluntarily state whether the student has a parent or guardian
who is a member of a branch of the armed forces of the United
States and who is either deployed to active duty or expects to
be deployed to active duty during the school year. Each school
district and recognized non-public school shall report this
enrollment information as aggregate data to the State Board of
Education.
(Source: P.A. 97-505, eff. 8-23-11; revised 10-31-11.)
(105 ILCS 5/27A-4)
Sec. 27A-4. General Provisions.
(a) The General Assembly does not intend to alter or amend
the provisions of any court-ordered desegregation plan in
effect for any school district. A charter school shall be
subject to all federal and State laws and constitutional
provisions prohibiting discrimination on the basis of
disability, race, creed, color, gender, national origin,

religion, ancestry, marital status, or need for special
education services.
(b) The total number of charter schools operating under
this Article at any one time shall not exceed 120. Not more
than 70 charter schools shall operate at any one time in any
city having a population exceeding 500,000, with at least 5
charter schools devoted exclusively to students from
low-performing or overcrowded schools operating at any one time
in that city; and not more than 45 charter schools shall
operate at any one time in the remainder of the State, with not
more than one charter school that has been initiated by a board
of education, or by an intergovernmental agreement between or
among boards of education, operating at any one time in the
school district where the charter school is located. In
addition to these charter schools, up to but no more than 5
charter schools devoted exclusively to re-enrolled high school
dropouts and/or students 16 or 15 years old at risk of dropping
out may operate at any one time in any city having a population
exceeding 500,000. Notwithstanding any provision to the
contrary in subsection (b) of Section 27A-5 of this Code, each
such dropout charter may operate up to 15 campuses within the
city. Any of these dropout charters may have a maximum of 1,875
enrollment seats, any one of the campuses of the dropout
charter may have a maximum of 165 enrollment seats, and each
campus of the dropout charter must be operated, through a
contract or payroll, by the same legal entity as that for which

the charter is approved and certified.
For purposes of implementing this Section, the State Board
shall assign a number to each charter submission it receives
under Section 27A-6 for its review and certification, based on
the chronological order in which the submission is received by
it. The State Board shall promptly notify local school boards
when the maximum numbers of certified charter schools
authorized to operate have been reached.
(c) No charter shall be granted under this Article that
would convert any existing private, parochial, or non-public
school to a charter school.
(d) Enrollment in a charter school shall be open to any
pupil who resides within the geographic boundaries of the area
served by the local school board, provided that the board of
education in a city having a population exceeding 500,000 may
designate attendance boundaries for no more than one-third of
the charter schools permitted in the city if the board of
education determines that attendance boundaries are needed to
relieve overcrowding or to better serve low-income and at-risk
students. Students residing within an attendance boundary may
be given priority for enrollment, but must not be required to
attend the charter school.
(e) Nothing in this Article shall prevent 2 or more local
school boards from jointly issuing a charter to a single shared
charter school, provided that all of the provisions of this
Article are met as to those local school boards.

(f) No local school board shall require any employee of the
school district to be employed in a charter school.
(g) No local school board shall require any pupil residing
within the geographic boundary of its district to enroll in a
charter school.
(h) If there are more eligible applicants for enrollment in
a charter school than there are spaces available, successful
applicants shall be selected by lottery. However, priority
shall be given to siblings of pupils enrolled in the charter
school and to pupils who were enrolled in the charter school
the previous school year, unless expelled for cause, and
priority may be given to pupils residing within the charter
school's attendance boundary, if a boundary has been designated
by the board of education in a city having a population
exceeding 500,000. Dual enrollment at both a charter school and
a public school or non-public school shall not be allowed. A
pupil who is suspended or expelled from a charter school shall
be deemed to be suspended or expelled from the public schools
of the school district in which the pupil resides.
Notwithstanding anything to the contrary in this subsection
(h), any charter school with a mission exclusive to educating
high school dropouts may grant priority admission to students
who are high school dropouts and/or students 16 or 15 years old
at risk of dropping out and any charter school with a mission
exclusive to educating students from low-performing or
overcrowded schools may restrict admission to students who are

from low-performing or overcrowded schools. "Priority
admission" for charter schools exclusively devoted to
re-enrolled dropouts or students at risk of dropping out means
a minimum of 90% of students enrolled shall be high school
dropouts.
(i) (Blank).
(j) Notwithstanding any other provision of law to the
contrary, a school district in a city having a population
exceeding 500,000 shall not have a duty to collectively bargain
with an exclusive representative of its employees over
decisions to grant or deny a charter school proposal under
Section 27A-8 of this Code, decisions to renew or revoke a
charter under Section 27A-9 of this Code, and the impact of
these decisions, provided that nothing in this Section shall
have the effect of negating, abrogating, replacing, reducing,
diminishing, or limiting in any way employee rights,
guarantees, or privileges granted in Sections 2, 3, 7, 8, 10,
14, and 15 of the Illinois Educational Labor Relations Act.
(k) In this Section:
"Low-performing school" means a public school in a school
district organized under Article 34 of this Code that enrolls
students in any of grades kindergarten through 8 and that is
ranked within the lowest 10% of schools in that district in
terms of the percentage of students meeting or exceeding
standards on the Illinois Standards Achievement Test.
"Overcrowded school" means a public school in a school

district organized under Article 34 of this Code that (i)
enrolls students in any of grades kindergarten through 8, (ii)
has a percentage of low-income students of 70% or more, as
identified in the most recently available School Report Card
published by the State Board of Education, and (iii) is
determined by the Chicago Board of Education to be in the most
severely overcrowded 5% of schools in the district. On or
before November 1 of each year, the Chicago Board of Education
shall file a report with the State Board of Education on which
schools in the district meet the definition of "overcrowded
school". "Students at risk of dropping out" means students 16
or 15 years old in a public school in a district organized
under Article 34 of this Code that enrolls students in any
grades 9-12 who have been absent at least 90 school attendance
days of the previous 180 school attendance days.
(Source: P.A. 96-105, eff. 7-30-09; 97-151, eff. 1-1-12;
97-624, eff. 11-28-11; revised 11-29-11.)
(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,
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.
(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 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 to this subsection (g)
is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after 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
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.
(k) If the charter school is approved by the Commission,
then the Commission charter school is its own local education
agency.
(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; 96-1000, eff.
7-2-10; 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; revised
9-28-11.)
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall exercise
general supervision and jurisdiction over the public education

and the public school system of the city, and, except as
otherwise provided by this Article, shall have power:
1. To make suitable provision for the establishment and
maintenance throughout the year or for such portion thereof
as it may direct, not less than 9 months, of schools of all
grades and kinds, including normal schools, high schools,
night schools, schools for defectives and delinquents,
parental and truant schools, schools for the blind, the
deaf and the physically disabled, schools or classes in
manual training, constructural and vocational teaching,
domestic arts and physical culture, vocation and extension
schools and lecture courses, and all other educational
courses and facilities, including establishing, equipping,
maintaining and operating playgrounds and recreational
programs, when such programs are conducted in, adjacent to,
or connected with any public school under the general
supervision and jurisdiction of the board; provided that
the calendar for the school term and any changes must be
submitted to and approved by the State Board of Education
before the calendar or changes may take effect, and
provided that in allocating funds from year to year for the
operation of all attendance centers within the district,
the board shall ensure that supplemental general State aid
funds are allocated and applied in accordance with Section
18-8 or 18-8.05. To admit to such schools without charge
foreign exchange students who are participants in an

organized exchange student program which is authorized by
the board. The board shall permit all students to enroll in
apprenticeship programs in trade schools operated by the
board, whether those programs are union-sponsored or not.
No student shall be refused admission into or be excluded
from any course of instruction offered in the common
schools by reason of that student's sex. No student shall
be denied equal access to physical education and
interscholastic athletic programs supported from school
district funds or denied participation in comparable
physical education and athletic programs solely by reason
of the student's sex. Equal access to programs supported
from school district funds and comparable programs will be
defined in rules promulgated by the State Board of
Education in consultation with the Illinois High School
Association. Notwithstanding any other provision of this
Article, neither the board of education nor any local
school council or other school official shall recommend
that children with disabilities be placed into regular
education classrooms unless those children with
disabilities are provided with supplementary services to
assist them so that they benefit from the regular classroom
instruction and are included on the teacher's regular
education class register;
2. To furnish lunches to pupils, to make a reasonable
charge therefor, and to use school funds for the payment of

such expenses as the board may determine are necessary in
conducting the school lunch program;
3. To co-operate with the circuit court;
4. To make arrangements with the public or quasi-public
libraries and museums for the use of their facilities by
teachers and pupils of the public schools;
5. To employ dentists and prescribe their duties for
the purpose of treating the pupils in the schools, but
accepting such treatment shall be optional with parents or
guardians;
6. To grant the use of assembly halls and classrooms
when not otherwise needed, including light, heat, and
attendants, for free public lectures, concerts, and other
educational and social interests, free of charge, under
such provisions and control as the principal of the
affected attendance center may prescribe;
7. To apportion the pupils to the several schools;
provided that no pupil shall be excluded from or segregated
in any such school on account of his color, race, sex, or
nationality. The board shall take into consideration the
prevention of segregation and the elimination of
separation of children in public schools because of color,
race, sex, or nationality. Except that children may be
committed to or attend parental and social adjustment
schools established and maintained either for boys or girls
only. All records pertaining to the creation, alteration or

revision of attendance areas shall be open to the public.
Nothing herein shall limit the board's authority to
establish multi-area attendance centers or other student
assignment systems for desegregation purposes or
otherwise, and to apportion the pupils to the several
schools. Furthermore, beginning in school year 1994-95,
pursuant to a board plan adopted by October 1, 1993, the
board shall offer, commencing on a phased-in basis, the
opportunity for families within the school district to
apply for enrollment of their children in any attendance
center within the school district which does not have
selective admission requirements approved by the board.
The appropriate geographical area in which such open
enrollment may be exercised shall be determined by the
board of education. Such children may be admitted to any
such attendance center on a space available basis after all
children residing within such attendance center's area
have been accommodated. If the number of applicants from
outside the attendance area exceed the space available,
then successful applicants shall be selected by lottery.
The board of education's open enrollment plan must include
provisions that allow low income students to have access to
transportation needed to exercise school choice. Open
enrollment shall be in compliance with the provisions of
the Consent Decree and Desegregation Plan cited in Section
34-1.01;

8. To approve programs and policies for providing
transportation services to students. Nothing herein shall
be construed to permit or empower the State Board of
Education to order, mandate, or require busing or other
transportation of pupils for the purpose of achieving
racial balance in any school;
9. Subject to the limitations in this Article, to
establish and approve system-wide curriculum objectives
and standards, including graduation standards, which
reflect the multi-cultural diversity in the city and are
consistent with State law, provided that for all purposes
of this Article courses or proficiency in American Sign
Language shall be deemed to constitute courses or
proficiency in a foreign language; and to employ principals
and teachers, appointed as provided in this Article, and
fix their compensation. The board shall prepare such
reports related to minimal competency testing as may be
requested by the State Board of Education, and in addition
shall monitor and approve special education and bilingual
education programs and policies within the district to
assure that appropriate services are provided in
accordance with applicable State and federal laws to
children requiring services and education in those areas;
10. To employ non-teaching personnel or utilize
volunteer personnel for: (i) non-teaching duties not
requiring instructional judgment or evaluation of pupils,

including library duties; and (ii) supervising study
halls, long distance teaching reception areas used
incident to instructional programs transmitted by
electronic media such as computers, video, and audio,
detention and discipline areas, and school-sponsored
extracurricular activities. The board may further utilize
volunteer non-certificated personnel or employ
non-certificated personnel to assist in the instruction of
pupils under the immediate supervision of a teacher holding
a valid certificate, directly engaged in teaching subject
matter or conducting activities; provided that the teacher
shall be continuously aware of the non-certificated
persons' activities and shall be able to control or modify
them. The general superintendent shall determine
qualifications of such personnel and shall prescribe rules
for determining the duties and activities to be assigned to
such personnel;
10.5. To utilize volunteer personnel from a regional
School Crisis Assistance Team (S.C.A.T.), created as part
of the Safe to Learn Program established pursuant to
Section 25 of the Illinois Violence Prevention Act of 1995,
to provide assistance to schools in times of violence or
other traumatic incidents within a school community by
providing crisis intervention services to lessen the
effects of emotional trauma on individuals and the
community; the School Crisis Assistance Team Steering

Committee shall determine the qualifications for
volunteers;
11. To provide television studio facilities in not to
exceed one school building and to provide programs for
educational purposes, provided, however, that the board
shall not construct, acquire, operate, or maintain a
television transmitter; to grant the use of its studio
facilities to a licensed television station located in the
school district; and to maintain and operate not to exceed
one school radio transmitting station and provide programs
for educational purposes;
12. To offer, if deemed appropriate, outdoor education
courses, including field trips within the State of
Illinois, or adjacent states, and to use school educational
funds for the expense of the said outdoor educational
programs, whether within the school district or not;
13. During that period of the calendar year not
embraced within the regular school term, to provide and
conduct courses in subject matters normally embraced in the
program of the schools during the regular school term and
to give regular school credit for satisfactory completion
by the student of such courses as may be approved for
credit by the State Board of Education;
14. To insure against any loss or liability of the
board, the former School Board Nominating Commission,
Local School Councils, the Chicago Schools Academic

Accountability Council, or the former Subdistrict Councils
or of any member, officer, agent or employee thereof,
resulting from alleged violations of civil rights arising
from incidents occurring on or after September 5, 1967 or
from the wrongful or negligent act or omission of any such
person whether occurring within or without the school
premises, provided the officer, agent or employee was, at
the time of the alleged violation of civil rights or
wrongful act or omission, acting within the scope of his
employment or under direction of the board, the former
School Board Nominating Commission, the Chicago Schools
Academic Accountability Council, Local School Councils, or
the former Subdistrict Councils; and to provide for or
participate in insurance plans for its officers and
employees, including but not limited to retirement
annuities, medical, surgical and hospitalization benefits
in such types and amounts as may be determined by the
board; provided, however, that the board shall contract for
such insurance only with an insurance company authorized to
do business in this State. Such insurance may include
provision for employees who rely on treatment by prayer or
spiritual means alone for healing, in accordance with the
tenets and practice of a recognized religious
denomination;
15. To contract with the corporate authorities of any
municipality or the county board of any county, as the case

may be, to provide for the regulation of traffic in parking
areas of property used for school purposes, in such manner
as is provided by Section 11-209 of The Illinois Vehicle
Code, approved September 29, 1969, as amended;
16. (a) To provide, on an equal basis, access to a high
school campus and student directory information to the
official recruiting representatives of the armed forces of
Illinois and the United States for the purposes of
informing students of the educational and career
opportunities available in the military if the board has
provided such access to persons or groups whose purpose is
to acquaint students with educational or occupational
opportunities available to them. The board is not required
to give greater notice regarding the right of access to
recruiting representatives than is given to other persons
and groups. In this paragraph 16, "directory information"
means a high school student's name, address, and telephone
number.
(b) If a student or his or her parent or guardian
submits a signed, written request to the high school before
the end of the student's sophomore year (or if the student
is a transfer student, by another time set by the high
school) that indicates that the student or his or her
parent or guardian does not want the student's directory
information to be provided to official recruiting
representatives under subsection (a) of this Section, the

high school may not provide access to the student's
directory information to these recruiting representatives.
The high school shall notify its students and their parents
or guardians of the provisions of this subsection (b).
(c) A high school may require official recruiting
representatives of the armed forces of Illinois and the
United States to pay a fee for copying and mailing a
student's directory information in an amount that is not
more than the actual costs incurred by the high school.
(d) Information received by an official recruiting
representative under this Section may be used only to
provide information to students concerning educational and
career opportunities available in the military and may not
be released to a person who is not involved in recruiting
students for the armed forces of Illinois or the United
States;
17. (a) To sell or market any computer program
developed by an employee of the school district, provided
that such employee developed the computer program as a
direct result of his or her duties with the school district
or through the utilization of the school district resources
or facilities. The employee who developed the computer
program shall be entitled to share in the proceeds of such
sale or marketing of the computer program. The distribution
of such proceeds between the employee and the school
district shall be as agreed upon by the employee and the

school district, except that neither the employee nor the
school district may receive more than 90% of such proceeds.
The negotiation for an employee who is represented by an
exclusive bargaining representative may be conducted by
such bargaining representative at the employee's request.
(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed,
general purpose digital device capable of
automatically accepting data, processing data and
supplying the results of the operation.
(2) "Computer program" means a series of coded
instructions or statements in a form acceptable to a
computer, which causes the computer to process data in
order to achieve a certain result.
(3) "Proceeds" means profits derived from
marketing or sale of a product after deducting the
expenses of developing and marketing such product;
18. To delegate to the general superintendent of
schools, by resolution, the authority to approve contracts
and expenditures in amounts of $10,000 or less;
19. Upon the written request of an employee, to
withhold from the compensation of that employee any dues,
payments or contributions payable by such employee to any
labor organization as defined in the Illinois Educational
Labor Relations Act. Under such arrangement, an amount
shall be withheld from each regular payroll period which is

equal to the pro rata share of the annual dues plus any
payments or contributions, and the board shall transmit
such withholdings to the specified labor organization
within 10 working days from the time of the withholding;
19a. Upon receipt of notice from the comptroller of a
municipality with a population of 500,000 or more, a county
with a population of 3,000,000 or more, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or a housing authority of a municipality
with a population of 500,000 or more that a debt is due and
owing the municipality, the county, the Cook County Forest
Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or the housing authority by an employee
of the Chicago Board of Education, to withhold, from the
compensation of that employee, the amount of the debt that
is due and owing and pay the amount withheld to the
municipality, the county, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan
Water Reclamation District, the Chicago Transit Authority,
or the housing authority; provided, however, that the
amount deducted from any one salary or wage payment shall
not exceed 25% of the net amount of the payment. Before the
Board deducts any amount from any salary or wage of an
employee under this paragraph, the municipality, the

county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority shall certify that (i) the employee has been
afforded an opportunity for a hearing to dispute the debt
that is due and owing the municipality, the county, the
Cook County Forest Preserve District, the Chicago Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, or the housing authority and
(ii) the employee has received notice of a wage deduction
order and has been afforded an opportunity for a hearing to
object to the order. For purposes of this paragraph, "net
amount" means that part of the salary or wage payment
remaining after the deduction of any amounts required by
law to be deducted and "debt due and owing" means (i) a
specified sum of money owed to the municipality, the
county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority for services, work, or goods, after the period
granted for payment has expired, or (ii) a specified sum of
money owed to the municipality, the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or the housing authority pursuant to a
court order or order of an administrative hearing officer

after the exhaustion of, or the failure to exhaust,
judicial review;
20. The board is encouraged to employ a sufficient
number of certified school counselors to maintain a
student/counselor ratio of 250 to 1 by July 1, 1990. Each
counselor shall spend at least 75% of his work time in
direct contact with students and shall maintain a record of
such time;
21. To make available to students vocational and career
counseling and to establish 5 special career counseling
days for students and parents. On these days
representatives of local businesses and industries shall
be invited to the school campus and shall inform students
of career opportunities available to them in the various
businesses and industries. Special consideration shall be
given to counseling minority students as to career
opportunities available to them in various fields. For the
purposes of this paragraph, minority student means a person
who is any of the following:
(a) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,

Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(c) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
Counseling days shall not be in lieu of regular school
days;
22. To report to the State Board of Education the
annual student dropout rate and number of students who
graduate from, transfer from or otherwise leave bilingual
programs;
23. Except as otherwise provided in the Abused and
Neglected Child Reporting Act or other applicable State or
federal law, to permit school officials to withhold, from
any person, information on the whereabouts of any child
removed from school premises when the child has been taken
into protective custody as a victim of suspected child
abuse. School officials shall direct such person to the
Department of Children and Family Services, or to the local

law enforcement agency if appropriate;
24. To develop a policy, based on the current state of
existing school facilities, projected enrollment and
efficient utilization of available resources, for capital
improvement of schools and school buildings within the
district, addressing in that policy both the relative
priority for major repairs, renovations and additions to
school facilities, and the advisability or necessity of
building new school facilities or closing existing schools
to meet current or projected demographic patterns within
the district;
25. To make available to the students in every high
school attendance center the ability to take all courses
necessary to comply with the Board of Higher Education's
college entrance criteria effective in 1993;
26. To encourage mid-career changes into the teaching
profession, whereby qualified professionals become
certified teachers, by allowing credit for professional
employment in related fields when determining point of
entry on teacher pay scale;
27. To provide or contract out training programs for
administrative personnel and principals with revised or
expanded duties pursuant to this Act in order to assure
they have the knowledge and skills to perform their duties;
28. To establish a fund for the prioritized special
needs programs, and to allocate such funds and other lump

sum amounts to each attendance center in a manner
consistent with the provisions of part 4 of Section 34-2.3.
Nothing in this paragraph shall be construed to require any
additional appropriations of State funds for this purpose;
29. (Blank);
30. Notwithstanding any other provision of this Act or
any other law to the contrary, to contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, and to layoff those
employees upon 14 days written notice to the affected
employees. Those contracts may be for a period not to
exceed 5 years and may be awarded on a system-wide basis.
The board may not operate more than 30 contract schools,
provided that the board may operate an additional 5
contract turnaround schools pursuant to item (5.5) of
subsection (d) of Section 34-8.3 of this Code;
31. To promulgate rules establishing procedures
governing the layoff or reduction in force of employees and
the recall of such employees, including, but not limited
to, criteria for such layoffs, reductions in force or
recall rights of such employees and the weight to be given
to any particular criterion. Such criteria shall take into
account factors including, but not be limited to,
qualifications, certifications, experience, performance
ratings or evaluations, and any other factors relating to
an employee's job performance;

32. To develop a policy to prevent nepotism in the
hiring of personnel or the selection of contractors;
33. To enter into a partnership agreement, as required
by Section 34-3.5 of this Code, and, notwithstanding any
other provision of law to the contrary, to promulgate
policies, enter into contracts, and take any other action
necessary to accomplish the objectives and implement the
requirements of that agreement; and
34. To establish a Labor Management Council to the
board comprised of representatives of the board, the chief
executive officer, and those labor organizations that are
the exclusive representatives of employees of the board and
to promulgate policies and procedures for the operation of
the Council.
The specifications of the powers herein granted are not to
be construed as exclusive but the board shall also exercise all
other powers that they may be requisite or proper for the
maintenance and the development of a public school system, not
inconsistent with the other provisions of this Article or
provisions of this Code which apply to all school districts.
In addition to the powers herein granted and authorized to
be exercised by the board, it shall be the duty of the board to
review or to direct independent reviews of special education
expenditures and services. The board shall file a report of
such review with the General Assembly on or before May 1, 1990.
(Source: P.A. 96-105, eff. 7-30-09; 97-227, eff. 1-1-12;

97-396, eff. 1-1-12; revised 9-28-11.)
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
Sec. 34-18.5. Criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer and
Violent Offender Against Youth Database.
(a) Certified and noncertified applicants for employment
with the school district are required as a condition of
employment to authorize a fingerprint-based criminal history
records check to determine if such applicants have been
convicted of any of the enumerated criminal or drug offenses in
subsection (c) of this Section or have been convicted, within 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State. Authorization for the check shall
be furnished by the applicant to the school district, except
that if the applicant is a substitute teacher seeking
employment in more than one school district, or a teacher
seeking concurrent part-time employment positions with more
than one school district (as a reading specialist, special
education teacher or otherwise), or an educational support
personnel employee seeking employment positions with more than
one district, any such district may require the applicant to

furnish authorization for the check to the regional
superintendent of the educational service region in which are
located the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee. Upon
receipt of this authorization, the school district or the
appropriate regional superintendent, as the case may be, shall
submit the applicant's name, sex, race, date of birth, social
security number, fingerprint images, and other identifiers, as
prescribed by the Department of State Police, to the
Department. The regional superintendent submitting the
requisite information to the Department of State Police shall
promptly notify the school districts in which the applicant is
seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee
that the check of the applicant has been requested. The
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Department shall
charge the school district or the appropriate regional
superintendent a fee for conducting such check, which fee shall
be deposited in the State Police Services Fund and shall not
exceed the cost of the inquiry; and the applicant shall not be

charged a fee for such check by the school district or by the
regional superintendent. Subject to appropriations for these
purposes, the State Superintendent of Education shall
reimburse the school district and regional superintendent for
fees paid to obtain criminal history records checks under this
Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender Database,
as authorized by the Sex Offender Community Notification Law,
for each applicant.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant.
(b) Any information concerning the record of convictions
obtained by the president of the board of education or the
regional superintendent shall be confidential and may only be
transmitted to the general superintendent of the school
district or his designee, the appropriate regional
superintendent if the check was requested by the board of
education for the school district, the presidents of the
appropriate board of education or school boards if the check
was requested from the Department of State Police by the
regional superintendent, the State Superintendent of
Education, the State Teacher Certification Board or any other

person necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from
the Department of State Police shall be provided to the
applicant for employment. Upon the check of the Statewide Sex
Offender Database, the school district or regional
superintendent shall notify an applicant as to whether or not
the applicant has been identified in the Database as a sex
offender. If a check of an applicant for employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee in more than one school
district was requested by the regional superintendent, and the
Department of State Police upon a check ascertains that the
applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c) or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent and if the regional
superintendent upon a check ascertains that the applicant has
not been identified in the Sex Offender Database as a sex
offender, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Department of State Police the applicant has

not been convicted of any of the enumerated criminal or drug
offenses in subsection (c) or has not been convicted, within 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State and evidencing that as of the date
that the regional superintendent conducted a check of the
Statewide Sex Offender Database, the applicant has not been
identified in the Database as a sex offender. The school board
of any school district may rely on the certificate issued by
any regional superintendent to that substitute teacher,
concurrent part-time teacher, or concurrent educational
support personnel employee or may initiate its own criminal
history records check of the applicant through the Department
of State Police and its own check of the Statewide Sex Offender
Database as provided in subsection (a). Any person who releases
any confidential information concerning any criminal
convictions of an applicant for employment shall be guilty of a
Class A misdemeanor, unless the release of such information is
authorized by this Section.
(c) The board of education shall not knowingly employ a
person who has been convicted of any offense that would subject
him or her to license suspension or revocation pursuant to
Section 21B-80 of this Code. Further, the board of education

shall not knowingly employ a person who has been found to be
the perpetrator of sexual or physical abuse of any minor under
18 years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
(d) The board of education shall not knowingly employ a
person for whom a criminal history records check and a
Statewide Sex Offender Database check has not been initiated.
(e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued
pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
Code, the State Superintendent of Education may initiate
certificate suspension and revocation proceedings as
authorized by law.
(e-5) The general superintendent of schools shall, in
writing, notify the State Superintendent of Education of any
certificate holder whom he or she has reasonable cause to
believe has committed an intentional act of abuse or neglect
with the result of making a child an abused child or a
neglected child, as defined in Section 3 of the Abused and
Neglected Child Reporting Act, and that act resulted in the
certificate holder's dismissal or resignation from the school
district. This notification must be submitted within 30 days
after the dismissal or resignation. The certificate holder must
also be contemporaneously sent a copy of the notice by the
superintendent. All correspondence, documentation, and other
information so received by the State Superintendent of

Education, the State Board of Education, or the State Teacher
Certification Board under this subsection (e-5) is
confidential and must not be disclosed to third parties, except
(i) as necessary for the State Superintendent of Education or
his or her designee to investigate and prosecute pursuant to
Article 21 of this Code, (ii) pursuant to a court order, (iii)
for disclosure to the certificate holder or his or her
representative, or (iv) as otherwise provided in this Article
and provided that any such information admitted into evidence
in a hearing is exempt from this confidentiality and
non-disclosure requirement. Except for an act of willful or
wanton misconduct, any superintendent who provides
notification as required in this subsection (e-5) shall have
immunity from any liability, whether civil or criminal or that
otherwise might result by reason of such action.
(f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide Sex
Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school

districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Department of State Police and
for conducting a check of the Statewide Sex Offender Database
for each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
(g) In order to student teach in the public schools, a
person is required to authorize a fingerprint-based criminal
history records check and checks of the Statewide Sex Offender
Database and Statewide Murderer and Violent Offender Against
Youth Database prior to participating in any field experiences
in the public schools. Authorization for and payment of the
costs of the checks must be furnished by the student teacher.
Results of the checks must be furnished to the higher education
institution where the student teacher is enrolled and the
general superintendent of schools.
(h) Upon request of a school, school district, community
college district, or private school, any information obtained
by the school district pursuant to subsection (f) of this
Section within the last year must be made available to that
school, school district, community college district, or
private school.

(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
97-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11;
revised 9-28-11.)
(105 ILCS 5/34-18.45)
Sec. 34-18.45. Minimum reading instruction. The board
shall promote 60 minutes of minimum reading opportunities daily
for students in kindergarten through 3rd grade whose reading
level is one grade level or lower than their his or her current
grade level according to current learning standards and the
school district.
(Source: P.A. 97-88, eff. 7-8-11; revised 10-7-11.)
(105 ILCS 5/34-18.46)
Sec. 34-18.46 34-18.45. Student athletes; concussions and
head injuries.
(a) The General Assembly recognizes all of the following:
(1) Concussions are one of the most commonly reported
injuries in children and adolescents who participate in
sports and recreational activities. The Centers for
Disease Control and Prevention estimates that as many as
3,900,000 sports-related and recreation-related
concussions occur in the United States each year. A
concussion is caused by a blow or motion to the head or
body that causes the brain to move rapidly inside the
skull. The risk of catastrophic injuries or death are

significant when a concussion or head injury is not
properly evaluated and managed.
(2) Concussions are a type of brain injury that can
range from mild to severe and can disrupt the way the brain
normally works. Concussions can occur in any organized or
unorganized sport or recreational activity and can result
from a fall or from players colliding with each other, the
ground, or with obstacles. Concussions occur with or
without loss of consciousness, but the vast majority of
concussions occur without loss of consciousness.
(3) Continuing to play with a concussion or symptoms of
a head injury leaves a young athlete especially vulnerable
to greater injury and even death. The General Assembly
recognizes that, despite having generally recognized
return-to-play standards for concussions and head
injuries, some affected youth athletes are prematurely
returned to play, resulting in actual or potential physical
injury or death to youth athletes in this State.
(b) The board shall adopt a policy regarding student
athlete concussions and head injuries that is in compliance
with the protocols, policies, and by-laws of the Illinois High
School Association. Information on the board's concussion and
head injury policy must be a part of any agreement, contract,
code, or other written instrument that the school district
requires a student athlete and his or her parents or guardian
to sign before participating in practice or interscholastic

competition.
(c) The Illinois High School Association shall make
available to the school district education materials, such as
visual presentations and other written materials, that
describe the nature and risk of concussions and head injuries.
The school district shall use education materials provided by
the Illinois High School Association to educate coaches,
student athletes, and parents and guardians of student athletes
about the nature and risk of concussions and head injuries,
including continuing play after a concussion or head injury.
(Source: P.A. 97-204, eff. 7-28-11; revised 10-7-11.)
(105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
Sec. 34-19. By-laws, rules and regulations; business
transacted at regular meetings; voting; records. The board
shall, subject to the limitations in this Article, establish
by-laws, rules and regulations, which shall have the force of
ordinances, for the proper maintenance of a uniform system of
discipline for both employees and pupils, and for the entire
management of the schools, and may fix the school age of
pupils, the minimum of which in kindergartens shall not be
under 4 years, except that, based upon an assessment of the
child's readiness, children who have attended a non-public
preschool and continued their education at that school through
kindergarten, were taught in kindergarten by an appropriately
certified teacher, and will attain the age of 6 years on or

before December 31 of the year of the 2009-2010 school term and
each school term thereafter may attend first grade upon
commencement of such term, and in grade schools shall not be
under 6 years. It may expel, suspend or, subject to the
limitations of all policies established or adopted under
Section 14-8.05, otherwise discipline any pupil found guilty of
gross disobedience, misconduct or other violation of the
by-laws, rules and regulations, including gross disobedience
or misconduct perpetuated by electronic means. An expelled
pupil may be immediately transferred to an alternative program
in the manner provided in Article 13A or 13B of this Code. A
pupil must not be denied transfer because of the expulsion,
except in cases in which such transfer is deemed to cause a
threat to the safety of students or staff in the alternative
program. A pupil who is suspended in excess of 20 school days
may be immediately transferred to an alternative program in the
manner provided in Article 13A or 13B of this Code. A pupil
must not be denied transfer because of the suspension, except
in cases in which such transfer is deemed to cause a threat to
the safety of students or staff in the alternative program. The
bylaws, rules and regulations of the board shall be enacted,
money shall be appropriated or expended, salaries shall be
fixed or changed, and textbooks, electronic textbooks, and
courses of instruction shall be adopted or changed only at the
regular meetings of the board and by a vote of a majority of
the full membership of the board; provided that notwithstanding

any other provision of this Article or the School Code, neither
the board or any local school council may purchase any textbook
for use in any public school of the district from any textbook
publisher that fails to furnish any computer diskettes as
required under Section 28-21. Funds appropriated for textbook
purchases must be available for electronic textbook purchases
and the technological equipment necessary to gain access to and
use electronic textbooks at the local school council's
discretion. The board shall be further encouraged to provide
opportunities for public hearing and testimony before the
adoption of bylaws, rules and regulations. Upon all
propositions requiring for their adoption at least a majority
of all the members of the board the yeas and nays shall be
taken and reported. The by-laws, rules and regulations of the
board shall not be repealed, amended or added to, except by a
vote of 2/3 of the full membership of the board. The board
shall keep a record of all its proceedings. Such records and
all by-laws, rules and regulations, or parts thereof, may be
proved by a copy thereof certified to be such by the secretary
of the board, but if they are printed in book or pamphlet form
which are purported to be published by authority of the board
they need not be otherwise published and the book or pamphlet
shall be received as evidence, without further proof, of the
records, by-laws, rules and regulations, or any part thereof,
as of the dates thereof as shown in such book or pamphlet, in
all courts and places where judicial proceedings are had.

Notwithstanding any other provision in this Article or in
the School Code, the board may delegate to the general
superintendent or to the attorney the authorities granted to
the board in the School Code, provided such delegation and
appropriate oversight procedures are made pursuant to board
by-laws, rules and regulations, adopted as herein provided,
except that the board may not delegate its authorities and
responsibilities regarding (1) budget approval obligations;
(2) rule-making functions; (3) desegregation obligations; (4)
real estate acquisition, sale or lease in excess of 10 years as
provided in Section 34-21; (5) the levy of taxes; or (6) any
mandates imposed upon the board by "An Act in relation to
school reform in cities over 500,000, amending Acts herein
named", approved December 12, 1988 (P.A. 85-1418).
(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10;
97-340, eff. 1-1-12; 97-495, eff. 1-1-12; revised 9-28-11.)
(105 ILCS 5/34-200)
Sec. 34-200. Definitions. For the purposes of Sections
34-200 through 34-235 of this Article:
"Capital improvement plan" means a plan that identifies
capital projects to be started or finished within the
designated period, excluding projects funded by locally raised
capital not exceeding $10,000.
"Community area" means a geographic area of the City of
Chicago defined by the chief executive officer as part of the

development of the educational facilities master plan.
"Space utilization" means the percentage achieved by
dividing the school's actual enrollment by its design capacity.
"School closing" or "school closure" means the closing of a
school, the effect of which is the assignment and transfer of
all students enrolled at that school to one or more designated
receiving schools.
"School consolidation" means the consolidation of 2 or more
schools by closing one or more schools and reassigning the
students to another school.
"Phase-out" means the gradual cessation of enrollment in
certain grades each school year until a school closes or is
consolidated with another school.
"School action" means any school closing;, school
consolidation;, co-location;, boundary change that requires
reassignment of students, unless the reassignment is to a new
school with an attendance area boundary and is made to relieve
overcrowding; if the boundary change forces a student transfer,
or phase-out.
(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11;
revised 10-18-11.)
(105 ILCS 5/34-205)
Sec. 34-205. Educational facility standards.
(a) By January 1, 2012 December 31, 2011, the district
shall publish space utilization standards on the district's

website. The standards shall include the following:
(1) the method by which design capacity is calculated,
including consideration of the requirements of elementary
and secondary programs, shared campuses, after school
programming, the facility needs, grade and age ranges of
the attending students, and use of school buildings by
governmental agencies and community organizations;
(2) the method to determine efficient use of a school
building based upon educational program design capacity;
(3) the rate of utilization; and
(4) the standards for overcrowding and
underutilization.
(b) The chief executive officer or his or her designee
shall publish a space utilization report for each school
building operated by the district on the district's website by
December 31 of each year.
(c) The facility performance standards provisions are as
follows:
(1) On or before January 1, 2012 December 31, 2011, the
chief executive officer shall propose minimum and optimal
facility performance standards for thermal comfort,
daylight, acoustics, indoor air quality, furniture
ergonomics for students and staff, technology, life
safety, ADA accessibility, plumbing and washroom access,
environmental hazards, and walkability.
(2) The chief executive officer shall conduct at least

one public hearing and submit the proposed educational
facilities standards to each local school council and to
the Chicago Public Building Commission for review and
comment prior to adoption submission to the Board.
(3) After the chief executive officer has incorporated
the input and recommendations of the public and the Chicago
Public Building Commission, the chief executive officer
shall issue final facility performance standards.
(4) The chief executive officer is authorized to amend
the facility performance standards following the
procedures in this Section.
(5) The final educational facility space utilization
and performance standards shall be published on the
district's Internet website.
(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11;
revised 10-18-11.)
(105 ILCS 5/34-225)
Sec. 34-225. School transition plans.
(a) If the Board approves a school action, the chief
executive officer or his or her designee shall work
collaboratively with local school educators and families of
students attending a school that is the subject of a school
action to ensure successful integration of affected students
into new learning environments.
(b) The chief executive officer or his or her designee

shall prepare and implement a school transition plan to support
students attending a school that is the subject of a school
action that accomplishes the goals of this Section. The chief
executive must identify and commit specific resources for
implementation of the school transition plan for a minimum of
the full first academic year after the board approves a school
action.
(c) The school transition plan shall include the following:
(1) services to support the academic, social, and
emotional needs of students; supports for students with
disabilities, homeless students, and English language
learners; and support to address security and safety
issues;
(2) options to enroll in higher performing schools;
(3) informational briefings counseling regarding the
choice of schools that include includes all pertinent
information to enable the parent or guardian and child to
make an informed choice, including the option to visit the
schools of choice prior to making a decision; and
(4) the provision of appropriate transportation where
practicable.
(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11;
revised 10-18-11.)
(105 ILCS 5/34-230)
Sec. 34-230. School action public meetings and hearings.

(a) By November 1 of each year, the chief executive officer
shall prepare and publish guidelines for school actions. The
guidelines shall outline the academic and non-academic
criteria for a school action. These guidelines, and each
subsequent revision, shall be subject to a public comment
period of at least 21 days before their approval.
(b) The chief executive officer shall announce all proposed
school actions to be taken at the close of the current academic
year consistent with the guidelines by December 1 of each year.
(c) On or before December 1, 2011 of each year, the chief
executive officer shall publish notice of the proposed school
actions.
(1) Notice of the proposal for a school action shall
include a written statement of the basis for the school
action, and an explanation of how the school action meets
the criteria set forth in the guidelines. This proposal
shall include a preliminary, and a draft School Transition
Plan identifying the items required in Section 34-225 of
this Code for all schools affected by the school action.
The notice shall state the date, time, and place of the
hearing or meeting.
(2) The chief executive officer or his or her designee
shall provide notice to the principal, staff, local school
council, and parents or guardians of any school that is
subject to the proposed school action.
(3) The chief executive officer shall provide written

notice of any proposed school action to the State Senator,
State Representative, and alderman for the school or
schools that are subject to the proposed school action.
(4) The chief executive officer shall publish notice of
proposed school actions on the district's Internet website
and in a newspaper of general circulation.
(5) The chief executive officer shall provide notice of
proposed school actions at least 30 calendar days in
advance of a public hearing or meeting. The notice shall
state the date, time, and place of the hearing or meeting.
No Board decision regarding a proposed school action may
take place less than 60 days after the announcement of the
proposed school action.
(d) The chief executive officer shall publish a brief
summary of the proposed school actions and the date, time, and
place of the hearings or meetings in a newspaper of general
circulation.
(e) (d) The chief executive officer shall designate at
least 3 opportunities to elicit public comment at a hearing or
meeting on a proposed school action and shall do the following:
(1) Convene at least one public hearing at the
centrally located office of the Board.
(2) Convene at least 2 additional public hearings or
meetings at a location convenient to the school community
subject to the proposed school action.
(f) (e) Public hearings shall be conducted by a qualified

independent hearing officer chosen from a list of independent
hearing officers. The general counsel shall compile and publish
a list of independent hearing officers by November 1 of each
school year. The independent hearing officer shall have the
following qualifications:
(1) he or she must be a licensed attorney eligible to
practice law in Illinois;
(2) he or she must not be an employee of the Board; and
(3) he or she must not have represented the Board, its
employees or any labor organization representing its
employees, any local school council, or any charter or
contract school in any capacity within the last year.
(4) The independent hearing officer shall issue a
written report that summarizes the hearing and determines
whether the chief executive officer complied with the
requirements of this Section and the guidelines.
(5) The chief executive officer shall publish the
report on the district's Internet website within 5 calendar
days after receiving the report and at least 15 days prior
to any Board action being taken.
(g) (f) Public meetings hearings shall be conducted by a
representative of the chief executive officer. A summary of the
public meeting shall be published on the district's Internet
website within 5 calendar days after the meeting.
(h) (g) If the chief executive officer proposes a school
action without following the mandates set forth in this

Section, the proposed school action shall not be approved by
the Board during the school year in which the school action was
proposed.
(Source: P.A. 97-473, eff. 1-1-12; 97-474, eff. 8-22-11;
revised 10-18-11.)
Section 235. The Forensic Psychiatry Fellowship Training
Act is amended by changing Section 10 as follows:
(110 ILCS 46/10)
Sec. 10. Powers and duties under program. Under the
forensic psychiatry fellowship training program created under
Section 5 of this Act, the University of Illinois at Chicago
and Southern Illinois University shall each have all of the
following powers and duties:
(1) The university's undergraduate and graduate
programs may increase their service and training
commitments in order to provide mental health care to
chronically mentally ill populations in this State.
(2) The university shall coordinate service,
education, and research in mental health and may work with
communities, State agencies, other colleges and
universities, private foundations, health care providers,
and other interested organizations on innovative
strategies to respond to the challenges of providing
greater physician presence in the field of forensic

psychiatry. However, the majority of the clinical
rotations of the fellows must be served in publicly
supported programs in this State.
(3) The university may establish such clinical and
educational centers and may cooperate with other
universities and associations as may be necessary to carry
out the intent of this Act according to the following
priorities:
(A) a preference for programs that are designed to
enroll, educate, and facilitate the graduation of
mental health professionals trained in forensic
psychiatry and other forensic mental health
sub-specialties sub-specialities; and
(B) a preference for public sector programs that
involve networking with other agencies, organizations,
and institutions that have similar objectives.
(Source: P.A. 95-22, eff. 8-3-07; revised 11-18-11.)
Section 240. The Public University Energy Conservation Act
is amended by changing Section 5-5 as follows:
(110 ILCS 62/5-5)
Sec. 5-5. Public university. "Public university" means any
of the the following institutions of higher learning: the
University of Illinois, Southern Illinois University, Northern
Illinois University, Eastern Illinois University, Western

Illinois University, Northeastern Illinois University, Chicago
State University, Governors State University, or Illinois
State University, acting in each case through its board of
trustees or through a designee of that board.
(Source: P.A. 90-486, eff. 8-17-97; 91-357, eff. 7-29-99;
revised 11-18-11.)
Section 245. The Board of Higher Education Act is amended
by changing Sections 8 and 9.16 as follows:
(110 ILCS 205/8) (from Ch. 144, par. 188)
Sec. 8. 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, and the Illinois Community College Board
shall submit to the Board not later than the 15th day of
November of each year its budget proposals for the operation
and capital needs of the institutions under its governance or
supervision for the ensuing fiscal year. Each budget proposal
shall conform to the procedures developed by the Board in the
design of an information system for State universities and

colleges.
In order to maintain a cohesive system of higher education,
the Board and its staff shall communicate on a regular basis
with all public university presidents. They shall meet at least
semiannually to achieve economies of scale where possible and
provide the most innovative and efficient programs and
services.
The Board, in the analysis of formulating the annual budget
request, shall consider rates of tuition and fees and
undergraduate tuition and fee waiver programs at the state
universities and colleges. The Board shall also consider the
current and projected utilization of the total physical plant
of each campus of a university or college in approving the
capital budget for any new building or facility.
The Board of Higher Education shall submit to the Governor,
to the General Assembly, and to the appropriate budget agencies
of the Governor and General Assembly its analysis and
recommendations on such budget proposals.
The Board is directed to form a broad-based group of
individuals representing the Office of the Governor, the
General Assembly, public institutions of higher education,
State agencies, business and industry, Statewide organizations
representing faculty and staff, and others as the Board shall
deem appropriate to devise a system for allocating State
resources to public institutions of higher education based upon
performance in achieving State goals related to student success

and certificate and degree completion.
Beginning in Fiscal Year 2013, the Board of Higher
Education budget recommendations to the Governor and the
General Assembly shall include allocations to public
institutions of higher education based upon performance
metrics designed to promote and measure student success in
degree and certificate completion. These metrics must be
adopted by the Board by rule and must be developed and
promulgated in accordance with the following principles:
(1) The metrics must be developed in consultation with
public institutions of higher education, as well as other
State educational agencies and other higher education
organizations, associations, interests, and stakeholders
as deemed appropriate by the Board.
(2) The metrics shall include provisions for
recognizing the demands on and rewarding the performance of
institutions in advancing the success of students who are
academically or financially at risk, including
first-generation students, low-income students, and
students traditionally underrepresented in higher
education, as specified in Section 9.16 of this Act.
(3) The metrics shall recognize and account for the
differentiated missions of institutions and sectors of
higher education.
(4) The metrics shall focus on the fundamental goal of
increasing completion of college courses, certificates,

and degrees. Performance metrics shall recognize the
unique and broad mission of public community colleges
through consideration of additional factors including, but
not limited to, enrollment, progress through key academic
milestones, transfer to a baccalaureate institution, and
degree completion.
(5) The metrics must be designed to maintain the
quality of degrees, certificates, courses, and programs.
In devising performance metrics, the Board may be guided by the
report of the Higher Education Finance Study Commission.
Each state supported institution within the application of
this Act must submit its plan for capital improvements of
non-instructional facilities to the Board for approval before
final commitments are made if the total cost of the project as
approved by the institution's board of control is in excess of
$2 million. Non-instructional uses shall include but not be
limited to dormitories, union buildings, field houses,
stadium, other recreational facilities and parking lots. The
Board shall determine whether or not any project submitted for
approval is consistent with the master plan for higher
education and with instructional buildings that are provided
for therein. If the project is found by a majority of the Board
not to be consistent, such capital improvement shall not be
constructed.
(Source: P.A. 97-290, eff. 8-10-11; 97-320, eff. 1-1-12;
97-610, eff. 1-1-12; revised 9-28-11.)

(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
Sec. 9.16. Underrepresentation of certain groups in higher
education. To require public institutions of higher education
to develop and implement methods and strategies to increase the
participation of minorities, women and handicapped individuals
who are traditionally underrepresented in education programs
and activities. For the purpose of this Section, minorities
shall mean persons who are citizens of the United States or
lawful permanent resident aliens of the United States and who
are any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish

culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
The Board shall adopt any rules necessary to administer
this Section. The Board shall also do the following:
(a) require all public institutions of higher education to
develop and submit plans for the implementation of this
Section;
(b) conduct periodic review of public institutions of
higher education to determine compliance with this Section; and
if the Board finds that a public institution of higher
education is not in compliance with this Section, it shall
notify the institution of steps to take to attain compliance;
(c) provide advice and counsel pursuant to this Section;
(d) conduct studies of the effectiveness of methods and
strategies designed to increase participation of students in
education programs and activities in which minorities, women
and handicapped individuals are traditionally
underrepresented, and monitor the success of students in such
education programs and activities;
(e) encourage minority student recruitment and retention
in colleges and universities. In implementing this paragraph,
the Board shall undertake but need not be limited to the
following: the establishment of guidelines and plans for public
institutions of higher education for minority student

recruitment and retention, the review and monitoring of
minority student programs implemented at public institutions
of higher education to determine their compliance with any
guidelines and plans so established, the determination of the
effectiveness and funding requirements of minority student
programs at public institutions of higher education, the
dissemination of successful programs as models, and the
encouragement of cooperative partnerships between community
colleges and local school attendance centers which are
experiencing difficulties in enrolling minority students in
four-year colleges and universities;
(f) mandate all public institutions of higher education to
submit data and information essential to determine compliance
with this Section. The Board shall prescribe the format and the
date for submission of this data and any other education equity
data; and
(g) report to the General Assembly and the Governor
annually with a description of the plans submitted by each
public institution of higher education for implementation of
this Section, including financial data relating to the most
recent fiscal year expenditures for specific minority
programs, the effectiveness of such plans and programs and the
effectiveness of the methods and strategies developed by the
Board in meeting the purposes of this Section, the degree of
compliance with this Section by each public institution of
higher education as determined by the Board pursuant to its

periodic review responsibilities, and the findings made by the
Board in conducting its studies and monitoring student success
as required by paragraph d) of this Section. With respect to
each public institution of higher education such report also
shall include, but need not be limited to, information with
respect to each institution's minority program budget
allocations; minority student admission, retention and
graduation statistics; admission, retention, and graduation
statistics of all students who are the first in their immediate
family to attend an institution of higher education; number of
financial assistance awards to undergraduate and graduate
minority students; and minority faculty representation. This
paragraph shall not be construed to prohibit the Board from
making, preparing or issuing additional surveys or studies with
respect to minority education in Illinois.
(Source: P.A. 97-396, eff. 1-1-12; 97-588, eff. 1-1-12; revised
9-28-11.)
Section 250. The Public Community College Act is amended by
changing Section 3A-1 as follows:
(110 ILCS 805/3A-1) (from Ch. 122, par. 103A-1)
Sec. 3A-1. Any community college district may borrow money
for the purpose of building, equipping, altering or repairing
community college buildings or purchasing or improving
community college sites, or acquiring and equipping recreation

grounds, athletic fields, and other buildings or land used or
useful for community college purposes or for the purpose of
purchasing a site, with or without a building or buildings
thereon, or for the building of a house or houses on such site,
or for the building of a house or houses on the site of the
community college district, for residential purposes of the
administrators or faculty of the community college district,
and issue its negotiable coupon bonds therefor signed by the
chairman and secretary of the board, in denominations of not
less than $100 nor more than $5,000, payable at such place and
at such time or times, not exceeding 20 years from date of
issuance, as the board may prescribe, and bearing interest at a
rate not to exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the
contract, payable annually, semiannually or quarterly, but no
such bonds shall be issued unless the proposition to issue them
is submitted to the voters of the community college district at
a regular scheduled election in such district and the board
shall certify the proposition to the proper election
authorities for submission in accordance with the general
election law and a majority of all the votes cast on the
proposition is in favor of the proposition, nor shall any
residential site be acquired unless such proposition to acquire
a site is submitted to the voters of the district at a regular
scheduled election and the board shall certify the proposition
to the proper election authorities for submission to the

electors in accordance with the general election law and a
majority of all the votes cast on the proposition is in favor
of the proposition. Nothing in this Act shall be construed as
to require the listing of maturity dates of any bonds either in
the notice of bond election or ballot used in the bond
election.
Bonds issued in accordance with this Section for Elgin
Community College District No. 509 may be payable at such time
or times, not exceeding 25 years from date of issuance, as the
board may prescribe, if the following conditions are met:
(i) The voters of the district approve a proposition
for the bond issuance at an election held in 2009.
(ii) Prior to the issuance of the bonds, the board
determines, by resolution, that the projects built,
acquired, altered, renovated, repaired, purchased,
improved, installed, or equipped with the proceeds of the
bonds are required as a result of a projected increase in
the enrollment of students in the district, to meet demand
in the fields of health care or public safety, to meet
accreditation standards, or to maintain campus safety and
security.
(iii) The bonds are issued, in one or more more bond
issuances, on or before April 7, 2014.
(iv) The proceeds of the bonds are used to accomplish
only those purposes approved by the voters at an election
held in 2009.

Bonds issued in accordance with this Section for Kishwaukee
Community College District No. 523 may be payable at such time
or times, not exceeding 25 years from date of issuance, as the
board may prescribe, if the following conditions are met:
(i) The voters of the district approve a
proposition for the bond issuance at an election held
in 2010 or 2011.
(ii) Prior to the issuance of the bonds, the board
determines, by resolution, that the projects built,
acquired, altered, renovated, repaired, purchased,
improved, installed, or equipped with the proceeds of
the bonds are required as a result of a projected
increase in the enrollment of students in the district,
to meet demand in the fields of health care or public
safety, to meet accreditation standards, or to
maintain campus safety and security.
(iii) The bonds are issued, in one or more bond
issuances, on or before November 2, 2015.
(iv) The proceeds of the bonds are used to
accomplish only those purposes approved by the voters
at an election held in 2010 or 2011.
With respect to instruments for the payment of money issued
under this Section either before, on, or after the effective
date of this amendatory Act of 1989, it is and always has been
the intention of the General Assembly (i) that the Omnibus Bond
Acts are and always have been supplementary grants of power to

issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be
or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those Acts.
(Source: P.A. 96-787, eff. 8-28-09; 96-1077, eff. 7-16-10;
revised 11-18-11.)
Section 255. The Illinois Banking Act is amended by
changing Section 79 as follows:
(205 ILCS 5/79) (from Ch. 17, par. 391)
Sec. 79. Board, terms of office. The terms of office of the
State Banking Board of Illinois shall be 4 years, except that
the initial Board appointments shall be staggered with the
Governor initially appointing, with advice and consent of the
Senate, 3 members to serve 2-year terms, 4 members to serve
3-year terms, and 4 members to serve 4-year terms. Members
shall continue to serve on the Board until their replacement is
appointed and qualified. Vacancies shall be filled by
appointment by the Governor with advice and consent of the
Senate.

(d) No State Banking Board member shall serve more than 2
full 4-year terms of office.
(Source: P.A. 96-1163, eff. 1-1-11; revised 11-18-11.)
Section 260. The Illinois Savings and Loan Act of 1985 is
amended by changing Section 6-4 as follows:
(205 ILCS 105/6-4) (from Ch. 17, par. 3306-4)
Sec. 6-4. Merger; Adoption of plan. Any depository
institution may merge into an association operating under this
Act; any association operating under this Act may merge into a
depository institution. The board of directors of the merging
association or depository institution, by resolution adopted
by a majority vote of all members of the board, must approve
the plan of merger, which shall set forth:
(a) the The name of each of the merging associations or
depository institutions and the name of the continuing
association or depository institution and the location of
its business office;
(b) the The amount of capital, reserves, and undivided
profits of the continuing association or depository
institution and the kinds of shares and other types of
capital to be issued thereby;
(c) the The articles of incorporation of the continuing
association or charter of the continuing depository
institution;

(d) a A detailed pro forma financial Statement of the
assets and liabilities of the continuing association or
depository institution;
(e) the The manner and basis of converting the capital
of each merging association or depository institution into
capital of the continuing association or depository
institution;
(f) the The other terms and conditions of the merger
and the method of effectuating it; and
(g) other Other provisions with respect to the merger
that appear necessary or desirable or that the Secretary
may reasonably require to enable him to discharge his
duties with respect to the merger.
(h) The Secretary may promulgate rules to implement this
Section.
(Source: P.A. 97-492, eff. 1-1-12; revised 1-11-12.)
Section 265. The Residential Mortgage License Act of 1987
is amended by changing Section 3-2 as follows:
(205 ILCS 635/3-2) (from Ch. 17, par. 2323-2)
Sec. 3-2. Annual audit.
(a) At the licensee's fiscal year-end, but in no case more
than 12 months after the last audit conducted pursuant to this
Section, except as otherwise provided in this Section, it shall
be mandatory for each residential mortgage licensee to cause

its books and accounts to be audited by a certified public
accountant not connected with such licensee. The books and
records of all licensees under this Act shall be maintained on
an accrual basis. The audit must be sufficiently comprehensive
in scope to permit the expression of an opinion on the
financial statements, which must be prepared in accordance with
generally accepted accounting principles, and must be
performed in accordance with generally accepted auditing
standards. Notwithstanding the requirements of this
subsection, a licensee that is a first tier subsidiary may
submit audited consolidated financial statements of its parent
as long as the consolidated statements are supported by
consolidating statements. The licensee's chief financial
officer shall attest to the licensee's financial statements
disclosed in the consolidating statements.
(b) As used herein, the term "expression of opinion"
includes either (1) an unqualified opinion, (2) a qualified
opinion, (3) a disclaimer of opinion, or (4) an adverse
opinion.
(c) If a qualified or adverse opinion is expressed or if an
opinion is disclaimed, the reasons therefore must be fully
explained. An opinion, qualified as to a scope limitation,
shall not be acceptable.
(d) The most recent audit report shall be filed with the
Commissioner within 90 days after the end of the licensee's
fiscal year, or with the Nationwide Mortgage Licensing System

and Registry, if applicable, pursuant to Mortgage Call Report
requirements. The report filed with the Commissioner shall be
certified by the certified public accountant conducting the
audit. The Commissioner may promulgate rules regarding late
audit reports.
(e) If any licensee required to make an audit shall fail to
cause an audit to be made, the Commissioner shall cause the
same to be made by a certified public accountant at the
licensee's expense. The Commissioner shall select such
certified public accountant by advertising for bids or by such
other fair and impartial means as he or she establishes by
regulation.
(f) In lieu of the audit or compilation financial statement
required by this Section, a licensee shall submit and the
Commissioner may accept any audit made in conformance with the
audit requirements of the U.S. Department of Housing and Urban
Development.
(g) With respect to licensees who solely broker residential
mortgage loans as defined in subsection (o) of Section 1-4,
instead of the audit required by this Section, the Commissioner
may accept compilation financial statements prepared at least
every 12 months, and the compilation financial statement must
be prepared by an independent certified public accountant
licensed under the Illinois Public Accounting Act or by an
equivalent state licensing law with full disclosure in
accordance with generally accepted accounting principles

principals and must be submitted within 90 days after the end
of the licensee's fiscal year, or with the Nationwide Mortgage
Licensing System and Registry, if applicable, pursuant to
Mortgage Call Report requirements. If a licensee under this
Section fails to file a compilation as required, the
Commissioner shall cause an audit of the licensee's books and
accounts to be made by a certified public accountant at the
licensee's expense. The Commissioner shall select the
certified public accountant by advertising for bids or by such
other fair and impartial means as he or she establishes by
rule. A licensee who files false or misleading compilation
financial statements is guilty of a business offense and shall
be fined not less than $5,000.
(h) The workpapers of the certified public accountants
employed by each licensee for purposes of this Section are to
be made available to the Commissioner or the Commissioner's
designee upon request and may be reproduced by the Commissioner
or the Commissioner's designee to enable to the Commissioner to
carry out the purposes of this Act.
(i) Notwithstanding any other provision of this Section, if
a licensee relying on subsection (g) of this Section causes its
books to be audited at any other time or causes its financial
statements to be reviewed, a complete copy of the audited or
reviewed financial statements shall be delivered to the
Commissioner at the time of the annual license renewal payment
following receipt by the licensee of the audited or reviewed

financial statements. All workpapers shall be made available to
the Commissioner upon request. The financial statements and
workpapers may be reproduced by the Commissioner or the
Commissioner's designee to carry out the purposes of this Act.
(Source: P.A. 96-112, eff. 7-31-09; revised 11-18-11.)
Section 270. The Consumer Installment Loan Act is amended
by changing Section 17.5 as follows:
(205 ILCS 670/17.5)
Sec. 17.5. Consumer reporting service.
(a) For the purpose of this Section, "certified database"
means the consumer reporting service database established
pursuant to the Payday Loan Reform Act.
(b) Within 90 days after making a small consumer loan, a
licensee shall enter information about the loan into the
certified database.
(c) For every small consumer loan made, the licensee shall
input the following information into the certified database
within 90 days after the loan is made:
(i) the consumer's name and official identification
number (for purposes of this Act, "official identification
number" includes a Social Security Number, an Individual
Taxpayer Identification Number, a Federal Employer
Identification Number, an Alien Registration Number, or an
identification number imprinted on a passport or consular

identification document issued by a foreign government);
(ii) the consumer's gross monthly income;
(iii) the date of the loan;
(iv) the amount financed;
(v) the term of the loan;
(vi) the acquisition charge;
(vii) the monthly installment account handling charge;
(viii) the verification fee;
(ix) the number and amount of payments; and
(x) whether the loan is a first or subsequent
refinancing of a prior small consumer loan.
(d) Once a loan is entered with the certified database, the
certified database shall provide to the licensee a dated,
time-stamped statement acknowledging the certified database's
receipt of the information and assigning each loan a unique
loan number.
(e) The licensee shall update the certified database within
90 days if any of the following events occur:
(i) the loan is paid in full by cash;
(ii) the loan is refinanced;
(iii) the loan is renewed;
(iv) the loan is satisfied in full or in part by
collateral being sold after default;
(v) the loan is cancelled or rescinded; or
(vi) the consumer's obligation on the loan is otherwise
discharged by the licensee.

(f) To the extent a licensee sells a product or service to
a consumer, other than a small consumer loan, and finances any
portion of the cost of the product or service, the licensee
shall, in addition to and at the same time as the information
inputted under subsection (d) of this Section, enter into the
certified database:
(i) a description of the product or service sold;
(ii) the charge for the product or service; and
(iii) the portion of the charge for the product or
service, if any, that is included in the amount financed by
a small consumer loan.
(g) The certified database provider shall indemnify the
licensee against all claims and actions arising from illegal or
willful or wanton acts on the part of the certified database
provider. The certified database provider may charge a fee not
to exceed $1 for each loan entered into the certified database
under subsection (d) of this Section. The database provider
shall not charge any additional fees or charges to the
licensee.
(h) All personally identifiable information regarding any
consumer obtained by way of the certified database and
maintained by the Department is strictly confidential and shall
be exempt from disclosure under subsection (c) provision (i) of
item (b) of subsection (1) of Section 7 of the Freedom of
Information Act.
(i) A licensee who submits information to a certified

database provider in accordance with this Section shall not be
liable to any person for any subsequent release or disclosure
of that information by the certified database provider, the
Department, or any other person acquiring possession of the
information, regardless of whether such subsequent release or
disclosure was lawful, authorized, or intentional.
(j) To the extent the certified database becomes
unavailable to a licensee as a result of some event or events
outside the control of the licensee or the certified database
is decertified, the requirements of this Section and Section
17.4 of this Act are suspended until such time as the certified
database becomes available.
(Source: P.A. 96-936, eff. 3-21-11; revised 11-18-11.)
Section 275. The Illinois Financial Services Development
Act is amended by changing Section 5 as follows:
(205 ILCS 675/5) (from Ch. 17, par. 7005)
Sec. 5. A financial institution may charge and collect
interest under a revolving credit plan on outstanding unpaid
indebtedness in the borrower's account under the plan at such
periodic percentage rate or rates as the agreement governing
the plan provides or as established in the manner provided in
the agreement governing the plan. If the agreement governing
the revolving credit plan so provides, the periodic percentage
rate or rates of interest under such plan may vary in

accordance with a schedule or formula. Such periodic percentage
rate or rates may vary from time to time as the rate determined
in accordance with such schedule or formula varies and such
periodic percentage rate or rates, as so varied, may be made
applicable to all outstanding unpaid indebtedness under the
plan on or after the effective date of such variation,
including any such indebtedness arising out of purchases made
or loans obtained prior to such variation in the periodic
percentage rate or rates. If the applicable periodic percentage
rate under the agreement governing the plan is other than
daily, periodic interest may be calculated on an amount not in
excess of the average of outstanding unpaid indebtedness for
the applicable billing period, determined by dividing the total
of the amounts of outstanding unpaid indebtedness for each day
in the applicable billing period by the number of days in the
billing period. If the applicable periodic percentage rate
under the agreement governing the plan is monthly, a billing
period shall be deemed to be a month or monthly if the last day
of each billing period is on the same day of each month or does
not vary by more than that 4 days therefrom.
(Source: P.A. 85-1432; revised 11-18-11.)
Section 280. The Alternative Health Care Delivery Act is
amended by changing Sections 15 and 30 as follows:
(210 ILCS 3/15)

Sec. 15. License required. No health care facility or
program that meets the definition and scope of an alternative
health care model shall operate as such unless it is a
participant in a demonstration program under this Act and
licensed by the Department as an alternative health care model.
, the Specialized Mental Health Rehabilitation Act, ID/DD The
provisions of this Act concerning children's respite care
centers shall not apply to any facility licensed under the
Hospital Licensing Act, the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, the ID/DD
Community Care Act, or the University of Illinois Hospital Act
that provides respite care services to children.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-135,
eff. 7-14-11; 97-227, eff. 1-1-12; revised 9-28-11.)
(210 ILCS 3/30)
Sec. 30. Demonstration program requirements. The
requirements set forth in this Section shall apply to
demonstration programs.
(a) (Blank).
(a-5) There shall be no more than the total number of
postsurgical recovery care centers with a certificate of need
for beds as of January 1, 2008.
(a-10) There shall be no more than a total of 9 children's
respite care center alternative health care models in the
demonstration program, which shall be located as follows:

(1) Two in the City of Chicago.
(2) One in Cook County outside the City of Chicago.
(3) A total of 2 in the area comprised of DuPage, Kane,
Lake, McHenry, and Will counties.
(4) A total of 2 in municipalities with a population of
50,000 or more and not located in the areas described in
paragraphs (1), (2), or (3).
(5) A total of 2 in rural areas, as defined by the
Health Facilities and Services Review Board.
No more than one children's respite care model owned and
operated by a licensed skilled pediatric facility shall be
located in each of the areas designated in this subsection
(a-10).
(a-15) There shall be 5 authorized community-based
residential rehabilitation center alternative health care
models in the demonstration program.
(a-20) There shall be an authorized Alzheimer's disease
management center alternative health care model in the
demonstration program. The Alzheimer's disease management
center shall be located in Will County, owned by a
not-for-profit entity, and endorsed by a resolution approved by
the county board before the effective date of this amendatory
Act of the 91st General Assembly.
(a-25) There shall be no more than 10 birth center
alternative health care models in the demonstration program,
located as follows:

(1) Four in the area comprising Cook, DuPage, Kane,
Lake, McHenry, and Will counties, one of which shall be
owned or operated by a hospital and one of which shall be
owned or operated by a federally qualified health center.
(2) Three in municipalities with a population of 50,000
or more not located in the area described in paragraph (1)
of this subsection, one of which shall be owned or operated
by a hospital and one of which shall be owned or operated
by a federally qualified health center.
(3) Three in rural areas, one of which shall be owned
or operated by a hospital and one of which shall be owned
or operated by a federally qualified health center.
The first 3 birth centers authorized to operate by the
Department shall be located in or predominantly serve the
residents of a health professional shortage area as determined
by the United States Department of Health and Human Services.
There shall be no more than 2 birth centers authorized to
operate in any single health planning area for obstetric
services as determined under the Illinois Health Facilities
Planning Act. If a birth center is located outside of a health
professional shortage area, (i) the birth center shall be
located in a health planning area with a demonstrated need for
obstetrical service beds, as determined by the Health
Facilities and Services Review Board or (ii) there must be a
reduction in the existing number of obstetrical service beds in
the planning area so that the establishment of the birth center

does not result in an increase in the total number of
obstetrical service beds in the health planning area.
(b) Alternative health care models, other than a model
authorized under subsection (a-10) or (a-20), shall obtain a
certificate of need from the Health Facilities and Services
Review Board under the Illinois Health Facilities Planning Act
before receiving a license by the Department. If, after
obtaining its initial certificate of need, an alternative
health care delivery model that is a community based
residential rehabilitation center seeks to increase the bed
capacity of that center, it must obtain a certificate of need
from the Health Facilities and Services Review Board before
increasing the bed capacity. Alternative health care models in
medically underserved areas shall receive priority in
obtaining a certificate of need.
(c) An alternative health care model license shall be
issued for a period of one year and shall be annually renewed
if the facility or program is in substantial compliance with
the Department's rules adopted under this Act. A licensed
alternative health care model that continues to be in
substantial compliance after the conclusion of the
demonstration program shall be eligible for annual renewals
unless and until a different licensure program for that type of
health care model is established by legislation, except that a
postsurgical recovery care center meeting the following
requirements may apply within 3 years after August 25, 2009

(the effective date of Public Act 96-669) for a Certificate of
Need permit to operate as a hospital:
(1) The postsurgical recovery care center shall apply
to the Illinois Health Facilities and Services Review
Planning Board for a Certificate of Need permit to
discontinue the postsurgical recovery care center and to
establish a hospital.
(2) If the postsurgical recovery care center obtains a
Certificate of Need permit to operate as a hospital, it
shall apply for licensure as a hospital under the Hospital
Licensing Act and shall meet all statutory and regulatory
requirements of a hospital.
(3) After obtaining licensure as a hospital, any
license as an ambulatory surgical treatment center and any
license as a post-surgical recovery care center shall be
null and void.
(4) The former postsurgical recovery care center that
receives a hospital license must seek and use its best
efforts to maintain certification under Titles XVIII and
XIX of the federal Social Security Act.
The Department may issue a provisional license to any
alternative health care model that does not substantially
comply with the provisions of this Act and the rules adopted
under this Act if (i) the Department finds that the alternative
health care model has undertaken changes and corrections which
upon completion will render the alternative health care model

in substantial compliance with this Act and rules and (ii) the
health and safety of the patients of the alternative health
care model will be protected during the period for which the
provisional license is issued. The Department shall advise the
licensee of the conditions under which the provisional license
is issued, including the manner in which the alternative health
care model fails to comply with the provisions of this Act and
rules, and the time within which the changes and corrections
necessary for the alternative health care model to
substantially comply with this Act and rules shall be
completed.
(d) Alternative health care models shall seek
certification under Titles XVIII and XIX of the federal Social
Security Act. In addition, alternative health care models shall
provide charitable care consistent with that provided by
comparable health care providers in the geographic area.
(d-5) (Blank).
(e) Alternative health care models shall, to the extent
possible, link and integrate their services with nearby health
care facilities.
(f) Each alternative health care model shall implement a
quality assurance program with measurable benefits and at
reasonable cost.
(Source: P.A. 96-31, eff. 6-30-09; 96-129, eff. 8-4-09; 96-669,
eff. 8-25-09; 96-812, eff. 1-1-10; 96-1000, eff. 7-2-10;
96-1071, eff. 7-16-10; 96-1123, eff. 1-1-11; 97-135, eff.

7-14-11; 97-333, eff. 8-12-11; revised 11-18-11.)
Section 285. The Ambulatory Surgical Treatment Center Act
is amended by changing Section 3 as follows:
(210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
Sec. 3. As used in this Act, unless the context otherwise
requires, the following words and phrases shall have the
meanings ascribed to them:
(A) "Ambulatory surgical treatment center" means any
institution, place or building devoted primarily to the
maintenance and operation of facilities for the performance of
surgical procedures or any facility in which a medical or
surgical procedure is utilized to terminate a pregnancy,
irrespective of whether the facility is devoted primarily to
this purpose. Such facility shall not provide beds or other
accommodations for the overnight stay of patients; however,
facilities devoted exclusively to the treatment of children may
provide accommodations and beds for their patients for up to 23
hours following admission. Individual patients shall be
discharged in an ambulatory condition without danger to the
continued well being of the patients or shall be transferred to
a hospital.
The term "ambulatory surgical treatment center" does not
include any of the following:
(1) Any institution, place, building or agency

required to be licensed pursuant to the "Hospital Licensing
Act", approved July 1, 1953, as amended.
(2) Any person or institution required to be licensed
pursuant to the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act, or the ID/DD Community
Care Act.
(3) Hospitals or ambulatory surgical treatment centers
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
hospitals or ambulatory surgical treatment centers under
its management and control.
(4) Hospitals or ambulatory surgical treatment centers
maintained by the Federal Government or agencies thereof.
(5) Any place, agency, clinic, or practice, public or
private, whether organized for profit or not, devoted
exclusively to the performance of dental or oral surgical
procedures.
(B) "Person" means any 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 the Department of
Public Health of the State of Illinois.
(E) "Physician" means a person licensed to practice

medicine in all of its branches in the State of Illinois.
(F) "Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
(G) "Podiatrist" means a person licensed to practice
podiatry under the Podiatric Medical Practice Act of 1987.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-28-11.)
Section 290. The Assisted Living and Shared Housing Act is
amended by changing Sections 10, 35, 55, and 145 as follows:
(210 ILCS 9/10)
Sec. 10. Definitions. For purposes of this Act:
"Activities of daily living" means eating, dressing,
bathing, toileting, transferring, or personal hygiene.
"Assisted living establishment" or "establishment" means a
home, building, residence, or any other place where sleeping
accommodations are provided for at least 3 unrelated adults, at
least 80% of whom are 55 years of age or older and where the
following are provided consistent with the purposes of this
Act:
(1) services consistent with a social model that is
based on the premise that the resident's unit in assisted
living and shared housing is his or her own home;
(2) community-based residential care for persons who
need assistance with activities of daily living, including

personal, supportive, and intermittent health-related
services available 24 hours per day, if needed, to meet the
scheduled and unscheduled needs of a resident;
(3) mandatory services, whether provided directly by
the establishment or by another entity arranged for by the
establishment, with the consent of the resident or
resident's representative; and
(4) a physical environment that is a homelike setting
that includes the following and such other elements as
established by the Department: individual living units
each of which shall accommodate small kitchen appliances
and contain private bathing, washing, and toilet
facilities, or private washing and toilet facilities with a
common bathing room readily accessible to each resident.
Units shall be maintained for single occupancy except in
cases in which 2 residents choose to share a unit.
Sufficient common space shall exist to permit individual
and group activities.
"Assisted living establishment" or "establishment" does
not mean any of the following:
(1) A home, institution, or similar place operated by
the federal government or the State of Illinois.
(2) A long term care facility licensed under the
Nursing Home Care Act, a facility licensed under the
Specialized Mental Health Rehabilitation Act, or a
facility licensed under the ID/DD Community Care Act.

However, a facility licensed under either of those Acts may
convert distinct parts of the facility to assisted living.
If the facility elects to do so, the facility shall retain
the Certificate of Need for its nursing and sheltered care
beds that were converted.
(3) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness and that is required
to be licensed under the Hospital Licensing Act.
(4) A facility for child care as defined in the Child
Care Act of 1969.
(5) A community living facility as defined in the
Community Living Facilities Licensing Act.
(6) A nursing home or sanitarium operated solely by and
for persons who rely exclusively upon treatment by
spiritual means through prayer in accordance with the creed
or tenants of a well-recognized church or religious
denomination.
(7) A facility licensed by the Department of Human
Services as a community-integrated living arrangement as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act.
(8) A supportive residence licensed under the
Supportive Residences Licensing Act.
(9) The portion of a life care facility as defined in
the Life Care Facilities Act not licensed as an assisted

living establishment under this Act; a life care facility
may apply under this Act to convert sections of the
community to assisted living.
(10) A free-standing hospice facility licensed under
the Hospice Program Licensing Act.
(11) A shared housing establishment.
(12) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Emergency situation" means imminent danger of death or
serious physical harm to a resident of an establishment.
"License" means any of the following types of licenses
issued to an applicant or licensee by the Department:
(1) "Probationary license" means a license issued to an
applicant or licensee that has not held a license under
this Act prior to its application or pursuant to a license
transfer in accordance with Section 50 of this Act.
(2) "Regular license" means a license issued by the
Department to an applicant or licensee that is in
substantial compliance with this Act and any rules
promulgated under this Act.
"Licensee" means a person, agency, association,
corporation, partnership, or organization that has been issued
a license to operate an assisted living or shared housing
establishment.

"Licensed health care professional" means a registered
professional nurse, an advanced practice nurse, a physician
assistant, and a licensed practical nurse.
"Mandatory services" include the following:
(1) 3 meals per day available to the residents prepared
by the establishment or an outside contractor;
(2) housekeeping services including, but not limited
to, vacuuming, dusting, and cleaning the resident's unit;
(3) personal laundry and linen services available to
the residents provided or arranged for by the
establishment;
(4) security provided 24 hours each day including, but
not limited to, locked entrances or building or contract
security personnel;
(5) an emergency communication response system, which
is a procedure in place 24 hours each day by which a
resident can notify building management, an emergency
response vendor, or others able to respond to his or her
need for assistance; and
(6) assistance with activities of daily living as
required by each resident.
"Negotiated risk" is the process by which a resident, or
his or her representative, may formally negotiate with
providers what risks each are willing and unwilling to assume
in service provision and the resident's living environment. The
provider assures that the resident and the resident's

representative, if any, are informed of the risks of these
decisions and of the potential consequences of assuming these
risks.
"Owner" means the individual, partnership, corporation,
association, or other person who owns an assisted living or
shared housing establishment. In the event an assisted living
or shared housing establishment is operated by a person who
leases or manages the physical plant, which is owned by another
person, "owner" means the person who operates the assisted
living or shared housing establishment, except that if the
person who owns the physical plant is an affiliate of the
person who operates the assisted living or shared housing
establishment and has significant control over the day to day
operations of the assisted living or shared housing
establishment, the person who owns the physical plant shall
incur jointly and severally with the owner all liabilities
imposed on an owner under this Act.
"Physician" means a person licensed under the Medical
Practice Act of 1987 to practice medicine in all of its
branches.
"Resident" means a person residing in an assisted living or
shared housing establishment.
"Resident's representative" means a person, other than the
owner, agent, or employee of an establishment or of the health
care provider unless related to the resident, designated in
writing by a resident to be his or her representative. This

designation may be accomplished through the Illinois Power of
Attorney Act, pursuant to the guardianship process under the
Probate Act of 1975, or pursuant to an executed designation of
representative form specified by the Department.
"Self" means the individual or the individual's designated
representative.
"Shared housing establishment" or "establishment" means a
publicly or privately operated free-standing residence for 16
or fewer persons, at least 80% of whom are 55 years of age or
older and who are unrelated to the owners and one manager of
the residence, where the following are provided:
(1) services consistent with a social model that is
based on the premise that the resident's unit is his or her
own home;
(2) community-based residential care for persons who
need assistance with activities of daily living, including
housing and personal, supportive, and intermittent
health-related services available 24 hours per day, if
needed, to meet the scheduled and unscheduled needs of a
resident; and
(3) mandatory services, whether provided directly by
the establishment or by another entity arranged for by the
establishment, with the consent of the resident or the
resident's representative.
"Shared housing establishment" or "establishment" does not
mean any of the following:

(1) A home, institution, or similar place operated by
the federal government or the State of Illinois.
(2) A long term care facility licensed under the
Nursing Home Care Act, a facility licensed under the
Specialized Mental Health Rehabilitation Act, or a
facility licensed under the ID/DD Community Care Act. A
facility licensed under either of those Acts may, however,
convert sections of the facility to assisted living. If the
facility elects to do so, the facility shall retain the
Certificate of Need for its nursing beds that were
converted.
(3) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness and that is required
to be licensed under the Hospital Licensing Act.
(4) A facility for child care as defined in the Child
Care Act of 1969.
(5) A community living facility as defined in the
Community Living Facilities Licensing Act.
(6) A nursing home or sanitarium operated solely by and
for persons who rely exclusively upon treatment by
spiritual means through prayer in accordance with the creed
or tenants of a well-recognized church or religious
denomination.
(7) A facility licensed by the Department of Human
Services as a community-integrated living arrangement as

defined in the Community-Integrated Living Arrangements
Licensure and Certification Act.
(8) A supportive residence licensed under the
Supportive Residences Licensing Act.
(9) A life care facility as defined in the Life Care
Facilities Act; a life care facility may apply under this
Act to convert sections of the community to assisted
living.
(10) A free-standing hospice facility licensed under
the Hospice Program Licensing Act.
(11) An assisted living establishment.
(12) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
"Total assistance" means that staff or another individual
performs the entire activity of daily living without
participation by the resident.
(Source: P.A. 96-339, eff. 7-1-10; 96-975, eff. 7-2-10; 97-38,
eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-28-11.)
(210 ILCS 9/35)
Sec. 35. Issuance of license.
(a) Upon receipt and review of an application for a license
and review of the applicant establishment, the Director may
issue a license if he or she finds:
(1) that the individual applicant, or the corporation,
partnership, or other entity if the applicant is not an

individual, is a person responsible and suitable to operate
or to direct or participate in the operation of an
establishment by virtue of financial capacity, appropriate
business or professional experience, a record of lawful
compliance with lawful orders of the Department and lack of
revocation of a license issued under this Act, the Nursing
Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act during
the previous 5 years;
(2) that the establishment is under the supervision of
a full-time director who is at least 21 years of age and
has a high school diploma or equivalent plus either:
(A) 2 years of management experience or 2 years of
experience in positions of progressive responsibility
in health care, housing with services, or adult day
care or providing similar services to the elderly; or
(B) 2 years of management experience or 2 years of
experience in positions of progressive responsibility
in hospitality and training in health care and housing
with services management as defined by rule;
(3) that the establishment has staff sufficient in
number with qualifications, adequate skills, education,
and experience to meet the 24 hour scheduled and
unscheduled needs of residents and who participate in
ongoing training to serve the resident population;
(4) that all employees who are subject to the Health

Care Worker Background Check Act meet the requirements of
that Act;
(5) that the applicant is in substantial compliance
with this Act and such other requirements for a license as
the Department by rule may establish under this Act;
(6) that the applicant pays all required fees;
(7) that the applicant has provided to the Department
an accurate disclosure document in accordance with the
Alzheimer's Disease and Related Dementias Special Care
Disclosure Act and in substantial compliance with Section
150 of this Act.
In addition to any other requirements set forth in this
Act, as a condition of licensure under this Act, the director
of an establishment must participate in at least 20 hours of
training every 2 years to assist him or her in better meeting
the needs of the residents of the establishment and managing
the operation of the establishment.
Any license issued by the Director shall state the physical
location of the establishment, the date the license was issued,
and the expiration date. All licenses shall be valid for one
year, except as provided in Sections 40 and 45. Each license
shall be issued only for the premises and persons named in the
application, and shall not be transferable or assignable.
(Source: P.A. 96-339, eff. 7-1-10; 96-990, eff. 7-2-10; 97-38,
eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-28-11.)

(210 ILCS 9/55)
Sec. 55. Grounds for denial of a license. An application
for a license may be denied for any of the following reasons:
(1) failure to meet any of the standards set forth in
this Act or by rules adopted by the Department under this
Act;
(2) conviction of the applicant, or if the applicant is
a firm, partnership, or association, of any of its members,
or if a corporation, the conviction of the corporation or
any of its officers or stockholders, or of the person
designated to manage or supervise the establishment, of a
felony or of 2 or more misdemeanors involving moral
turpitude during the previous 5 years as shown by a
certified copy of the record of the court of conviction;
(3) personnel insufficient in number or unqualified by
training or experience to properly care for the residents;
(4) insufficient financial or other resources to
operate and conduct the establishment in accordance with
standards adopted by the Department under this Act;
(5) revocation of a license during the previous 5
years, if such prior license was issued to the individual
applicant, a controlling owner or controlling combination
of owners of the applicant; or any affiliate of the
individual applicant or controlling owner of the applicant
and such individual applicant, controlling owner of the
applicant or affiliate of the applicant was a controlling

owner of the prior license; provided, however, that the
denial of an application for a license pursuant to this
Section must be supported by evidence that the prior
revocation renders the applicant unqualified or incapable
of meeting or maintaining an establishment in accordance
with the standards and rules adopted by the Department
under this Act; or
(6) the establishment is not under the direct
supervision of a full-time director, as defined by rule.
The Department shall deny an application for a license if 6
months after submitting its initial application the applicant
has not provided the Department with all of the information
required for review and approval or the applicant is not
actively pursuing the processing of its application. In
addition, the Department shall determine whether the applicant
has violated any provision of the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-28-11.)
(210 ILCS 9/145)
Sec. 145. Conversion of facilities. Entities licensed as
facilities under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act, or the ID/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, shall
follow the requirements in the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, or the ID/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, the Specialized Mental Health Rehabilitation Act, or
the ID/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;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
revised 9-28-11.)
Section 295. The Abuse Prevention Review Team Act is
amended by changing Sections 10 and 50 as follows:
(210 ILCS 28/10)
Sec. 10. Definitions. As used in this Act, unless the
context requires otherwise:
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Executive Council" means the Illinois Residential Health
Care Facility Resident Sexual Assault and Death Review Teams
Executive Council.
"Resident" means a person residing in and receiving

personal care from a facility licensed under the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act, or
the ID/DD Community Care Act.
"Review team" means a residential health care facility
resident sexual assault and death review team appointed under
this Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-28-11.)
(210 ILCS 28/50)
Sec. 50. Funding. Notwithstanding any other provision of
law, to the extent permitted by federal law, the Department
shall use moneys from fines paid by facilities licensed under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act for
violating requirements for certification under Titles XVIII
and XIX of the Social Security Act to implement the provisions
of this Act. The Department shall use moneys deposited in the
Long Term Care Monitor/Receiver Fund to pay the costs of
implementing this Act that cannot be met by the use of federal
civil monetary penalties.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-28-11.)
Section 300. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing

Sections 3, 4, and 6 as follows:
(210 ILCS 30/3) (from Ch. 111 1/2, par. 4163)
Sec. 3. As used in this Act unless the context otherwise
requires:
a. "Department" means the Department of Public Health of
the State of Illinois.
b. "Resident" means a person residing in and receiving
personal care from a long term care facility, or residing in a
mental health facility or developmental disability facility as
defined in the Mental Health and Developmental Disabilities
Code.
c. "Long term care facility" has the same meaning ascribed
to such term in the Nursing Home Care Act, except that the term
as used in this Act shall include any mental health facility or
developmental disability facility as defined in the Mental
Health and Developmental Disabilities Code. The term also
includes any facility licensed under the ID/DD Community Care
Act or the Specialized Mental Health Rehabilitation Act.
d. "Abuse" means any physical injury, sexual abuse or
mental injury inflicted on a resident other than by accidental
means.
e. "Neglect" means a failure in a long term care facility
to provide adequate medical or personal care or maintenance,
which failure results in physical or mental injury to a
resident or in the deterioration of a resident's physical or

mental condition.
f. "Protective services" means services provided to a
resident who has been abused or neglected, which may include,
but are not limited to alternative temporary institutional
placement, nursing care, counseling, other social services
provided at the nursing home where the resident resides or at
some other facility, personal care and such protective services
of voluntary agencies as are available.
g. Unless the context otherwise requires, direct or
indirect references in this Act to the programs, personnel,
facilities, services, service providers, or service recipients
of the Department of Human Services shall be construed to refer
only to those programs, personnel, facilities, services,
service providers, or service recipients that pertain to the
Department of Human Services' mental health and developmental
disabilities functions.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-28-11.)
(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
Sec. 4. Any long term care facility administrator, agent or
employee or any physician, hospital, surgeon, dentist,
osteopath, chiropractor, podiatrist, accredited religious
practitioner who provides treatment by spiritual means alone
through prayer in accordance with the tenets and practices of
the accrediting church, coroner, social worker, social

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

neglected and initiates an investigation while on site at the
facility shall be exempt from making a report under this
Section but the results of any such investigation shall be
forwarded to the central register in a manner and form
described by the Department.
The requirement of this Act shall not relieve any long term
care facility administrator, agent or employee of
responsibility to report the abuse or neglect of a resident
under Section 3-610 of the Nursing Home Care Act or under
Section 3-610 of the ID/DD Community Care Act or under Section
3-610 of the Specialized Mental Health Rehabilitation Act.
In addition to the above persons required to report
suspected resident abuse and neglect, any other person may make
a report to the Department, or to any law enforcement officer,
if such person has reasonable cause to suspect a resident has
been abused or neglected.
This Section also applies to residents whose death occurs
from suspected abuse or neglect before being found or brought
to a hospital.
A person required to make reports or cause reports to be
made under this Section who fails to comply with the
requirements of this Section is guilty of a Class A
misdemeanor.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-28-11.)

(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
Sec. 6. All reports of suspected abuse or neglect made
under this Act shall be made immediately by telephone to the
Department's central register established under Section 14 on
the single, State-wide, toll-free telephone number established
under Section 13, or in person or by telephone through the
nearest Department office. No long term care facility
administrator, agent or employee, or any other person, shall
screen reports or otherwise withhold any reports from the
Department, and no long term care facility, department of State
government, or other agency shall establish any rules,
criteria, standards or guidelines to the contrary. Every long
term care facility, department of State government and other
agency whose employees are required to make or cause to be made
reports under Section 4 shall notify its employees of the
provisions of that Section and of this Section, and provide to
the Department documentation that such notification has been
given. The Department of Human Services shall train all of its
mental health and developmental disabilities employees in the
detection and reporting of suspected abuse and neglect of
residents. Reports made to the central register through the
State-wide, toll-free telephone number shall be transmitted to
appropriate Department offices and municipal health
departments that have responsibility for licensing long term
care facilities under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, or the ID/DD

Community Care Act. All reports received through offices of the
Department shall be forwarded to the central register, in a
manner and form described by the Department. The Department
shall be capable of receiving reports of suspected abuse and
neglect 24 hours a day, 7 days a week. Reports shall also be
made in writing deposited in the U.S. mail, postage prepaid,
within 24 hours after having reasonable cause to believe that
the condition of the resident resulted from abuse or neglect.
Such reports may in addition be made to the local law
enforcement agency in the same manner. However, in the event a
report is made to the local law enforcement agency, the
reporter also shall immediately so inform the Department. The
Department shall initiate an investigation of each report of
resident abuse and neglect under this Act, whether oral or
written, as provided for in Section 3-702 of the Nursing Home
Care Act, Section 3-702 of the Specialized Mental Health
Rehabilitation Act, or Section 3-702 of the ID/DD Community
Care Act, except that reports of abuse which indicate that a
resident's life or safety is in imminent danger shall be
investigated within 24 hours of such report. The Department may
delegate to law enforcement officials or other public agencies
the duty to perform such investigation.
With respect to investigations of reports of suspected
abuse or neglect of residents of mental health and
developmental disabilities institutions under the jurisdiction
of the Department of Human Services, the Department shall

transmit copies of such reports to the Department of State
Police, the Department of Human Services, and the Inspector
General appointed under Section 1-17 of the Department of Human
Services Act. If the Department receives a report of suspected
abuse or neglect of a recipient of services as defined in
Section 1-123 of the Mental Health and Developmental
Disabilities Code, the Department shall transmit copies of such
report to the Inspector General and the Directors of the
Guardianship and Advocacy Commission and the agency designated
by the Governor pursuant to the Protection and Advocacy for
Developmentally Disabled Persons Act. When requested by the
Director of the Guardianship and Advocacy Commission, the
agency designated by the Governor pursuant to the Protection
and Advocacy for Developmentally Disabled Persons Act, or the
Department of Financial and Professional Regulation, the
Department, the Department of Human Services and the Department
of State Police shall make available a copy of the final
investigative report regarding investigations conducted by
their respective agencies on incidents of suspected abuse or
neglect of residents of mental health and developmental
disabilities institutions or individuals receiving services at
community agencies under the jurisdiction of the Department of
Human Services. Such final investigative report shall not
contain witness statements, investigation notes, draft
summaries, results of lie detector tests, investigative files
or other raw data which was used to compile the final

investigative report. Specifically, the final investigative
report of the Department of State Police shall mean the
Director's final transmittal letter. The Department of Human
Services shall also make available a copy of the results of
disciplinary proceedings of employees involved in incidents of
abuse or neglect to the Directors. All identifiable information
in reports provided shall not be further disclosed except as
provided by the Mental Health and Developmental Disabilities
Confidentiality Act. Nothing in this Section is intended to
limit or construe the power or authority granted to the agency
designated by the Governor pursuant to the Protection and
Advocacy for Developmentally Disabled Persons Act, pursuant to
any other State or federal statute.
With respect to investigations of reported resident abuse
or neglect, the Department shall effect with appropriate law
enforcement agencies formal agreements concerning methods and
procedures for the conduct of investigations into the criminal
histories of any administrator, staff assistant or employee of
the nursing home or other person responsible for the residents
care, as well as for other residents in the nursing home who
may be in a position to abuse, neglect or exploit the patient.
Pursuant to the formal agreements entered into with appropriate
law enforcement agencies, the Department may request
information with respect to whether the person or persons set
forth in this paragraph have ever been charged with a crime and
if so, the disposition of those charges. Unless the criminal

histories of the subjects involved crimes of violence or
resident abuse or neglect, the Department shall be entitled
only to information limited in scope to charges and their
dispositions. In cases where prior crimes of violence or
resident abuse or neglect are involved, a more detailed report
can be made available to authorized representatives of the
Department, pursuant to the agreements entered into with
appropriate law enforcement agencies. Any criminal charges and
their disposition information obtained by the Department shall
be confidential and may not be transmitted outside the
Department, except as required herein, to authorized
representatives or delegates of the Department, and may not be
transmitted to anyone within the Department who is not duly
authorized to handle resident abuse or neglect investigations.
The Department shall effect formal agreements with
appropriate law enforcement agencies in the various counties
and communities to encourage cooperation and coordination in
the handling of resident abuse or neglect cases pursuant to
this Act. The Department shall adopt and implement methods and
procedures to promote statewide uniformity in the handling of
reports of abuse and neglect under this Act, and those methods
and procedures shall be adhered to by personnel of the
Department involved in such investigations and reporting. The
Department shall also make information required by this Act
available to authorized personnel within the Department, as
well as its authorized representatives.

The Department shall keep a continuing record of all
reports made pursuant to this Act, including indications of the
final determination of any investigation and the final
disposition of all reports.
The Department shall report annually to the General
Assembly on the incidence of abuse and neglect of long term
care facility residents, with special attention to residents
who are mentally disabled. The report shall include but not be
limited to data on the number and source of reports of
suspected abuse or neglect filed under this Act, the nature of
any injuries to residents, the final determination of
investigations, the type and number of cases where abuse or
neglect is determined to exist, and the final disposition of
cases.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-28-11.)
Section 305. The Nursing Home Care Act is amended by
changing Sections 1-113, 3-202.5, and 3-304.2 as follows:
(210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
Sec. 1-113. "Facility" or "long-term care facility" means a
private home, institution, building, residence, or any other
place, whether operated for profit or not, or a county home for
the infirm and chronically ill operated pursuant to Division
5-21 or 5-22 of the Counties Code, or any similar institution

operated by a political subdivision of the State of Illinois,
which provides, through its ownership or management, personal
care, sheltered care or nursing for 3 or more persons, not
related to the applicant or owner by blood or marriage. It
includes skilled nursing facilities and intermediate care
facilities as those terms are defined in Title XVIII and Title
XIX of the Federal Social Security Act. It also includes homes,
institutions, or other places operated by or under the
authority of the Illinois Department of Veterans' Affairs.
"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 therefor, 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 living arrangement as
defined in the 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;
(12) A facility licensed under the ID/DD Community Care
Act; or

(13) A facility licensed under the Specialized Mental
Health Rehabilitation Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-28-11.)
(210 ILCS 45/3-202.5)
Sec. 3-202.5. Facility plan review; fees.
(a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing long
term care facility involving major construction, as defined by
rule by the Department, with an estimated cost greater than
$100,000, architectural drawings and specifications for the
facility shall be submitted to the Department for review and
approval. A facility may submit architectural drawings and
specifications for other construction projects for Department
review according to subsection (b) that shall not be subject to
fees under subsection (d). Review of drawings and
specifications shall be conducted by an employee of the
Department meeting the qualifications established by the
Department of Central Management Services class specifications
for such an individual's position or by a person contracting
with the Department who meets those class specifications. Final
approval of the drawings and specifications for compliance with
design and construction standards shall be obtained from the
Department before the alteration, addition, or new
construction is begun.

(b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the applicant
whether the applicant's submission is complete or incomplete.
Failure to provide the applicant with this notice within 10
working days shall result in the submission being deemed
complete for purposes of initiating the 60-day review period
under this Section. If the submission is incomplete, the
Department shall inform the applicant of the deficiencies with
the submission in writing. If the submission is complete the
required fee, if any, has been paid, the Department shall
approve or disapprove drawings and specifications submitted to
the Department no later than 60 days following receipt by the
Department. The drawings and specifications shall be of
sufficient detail, as provided by Department rule, to enable
the Department to render a determination of compliance with
design and construction standards under this Act. If the
Department finds that the drawings are not of sufficient detail
for it to render a determination of compliance, the plans shall
be determined to be incomplete and shall not be considered for
purposes of initiating the 60 day review period. If a
submission of drawings and specifications is incomplete, the
applicant may submit additional information. The 60-day review
period shall not commence until the Department determines that
a submission of drawings and specifications is complete or the
submission is deemed complete. If the Department has not

approved or disapproved the drawings and specifications within
60 days, the construction, major alteration, or addition shall
be deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with
specificity, the reasons for the disapproval. The entity
submitting the drawings and specifications may submit
additional information in response to the written comments from
the Department or request a reconsideration of the disapproval.
A final decision of approval or disapproval shall be made
within 45 days of the receipt of the additional information or
reconsideration request. If denied, the Department shall state
the specific reasons for the denial.
(c) The Department shall provide written approval for
occupancy pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or complaint
survey based upon the facility's physical structure if:
(1) the Department reviewed and approved or deemed
approved the drawings and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since the
original approval; and
(4) the conditions at the facility indicate that there
is a reasonable degree of safety provided for the
residents.

(d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2004
under this Section:
(1) (Blank).
(2) (Blank).
(3) If the estimated dollar value of the alteration,
addition, or new construction is $100,000 or more but less
than $500,000, the fee shall be the greater of $2,400 or
1.2% of that value.
(4) If the estimated dollar value of the alteration,
addition, or new construction is $500,000 or more but less
than $1,000,000, the fee shall be the greater of $6,000 or
0.96% of that value.
(5) If the estimated dollar value of the alteration,
addition, or new construction is $1,000,000 or more but
less than $5,000,000, the fee shall be the greater of
$9,600 or 0.22% of that value.
(6) If the estimated dollar value of the alteration,
addition, or new construction is $5,000,000 or more, the
fee shall be the greater of $11,000 or 0.11% of that value,
but shall not exceed $40,000.
The fees provided in this subsection (d) shall not apply to
major construction projects involving facility changes that
are required by Department rule amendments.
The fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the

estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more of
the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that is
reasonably related to the cost of reviewing the project.
The Department shall not commence the facility plan review
process under this Section until the applicable fee has been
paid.
(e) All fees received by the Department under this Section
shall be deposited into the Health Facility Plan Review Fund, a
special fund created in the State Treasury. All fees paid by
long-term care facilities under subsection (d) shall be used
only to cover the costs relating to the Department's review of
long-term care facility projects under this Section. Moneys
shall be appropriated from that Fund to the Department only to
pay the costs of conducting reviews under this Section or under
Section 3-202.5 of the ID/DD Community Care Act or under
Section 3-202.5 of the Specialized Mental Health
Rehabilitation Act. None of the moneys in the Health Facility
Plan Review Fund shall be used to reduce the amount of General
Revenue Fund moneys appropriated to the Department for facility
plan reviews conducted pursuant to this Section.
(f) (1) The provisions of this amendatory Act of 1997
concerning drawings and specifications shall apply only to
drawings and specifications submitted to the Department on
or after October 1, 1997.

(2) On and after the effective date of this amendatory
Act of 1997 and before October 1, 1997, an applicant may
submit or resubmit drawings and specifications to the
Department and pay the fees provided in subsection (d). If
an applicant pays the fees provided in subsection (d) under
this paragraph (2), the provisions of subsection (b) shall
apply with regard to those drawings and specifications.
(g) The Department shall conduct an on-site inspection of
the completed project no later than 30 days after notification
from the applicant that the project has been completed and all
certifications required by the Department have been received
and accepted by the Department. The Department shall provide
written approval for occupancy to the applicant within 5
working days of the Department's final inspection, provided the
applicant has demonstrated substantial compliance as defined
by Department rule. Occupancy of new major construction is
prohibited until Department approval is received, unless the
Department has not acted within the time frames provided in
this subsection (g), in which case the construction shall be
deemed approved. Occupancy shall be authorized after any
required health inspection by the Department has been
conducted.
(h) The Department shall establish, by rule, a procedure to
conduct interim on-site review of large or complex construction
projects.
(i) The Department shall establish, by rule, an expedited

process for emergency repairs or replacement of like equipment.
(j) Nothing in this Section shall be construed to apply to
maintenance, upkeep, or renovation that does not affect the
structural integrity of the building, does not add beds or
services over the number for which the long-term care facility
is licensed, and provides a reasonable degree of safety for the
residents.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-28-11.)
(210 ILCS 45/3-304.2)
Sec. 3-304.2. Designation of distressed facilities.
(a) By May 1, 2011, and quarterly thereafter, the
Department shall generate and publish quarterly a list of
distressed facilities. Criteria for inclusion of certified
facilities on the list shall be those used by the U.S. General
Accounting Office in report 9-689, until such time as the
Department by rule modifies the criteria.
(b) In deciding whether and how to modify the criteria used
by the General Accounting Office, the Department shall complete
a test run of any substitute criteria to determine their
reliability by comparing the number of facilities identified as
distressed against the number of distressed facilities
generated using the criteria contained in the General
Accounting Office report. The Department may not adopt
substitute criteria that generate fewer facilities with a

distressed designation than are produced by the General
Accounting Office criteria during the test run.
(c) The Department shall, by rule, adopt criteria to
identify non-Medicaid-certified facilities that are distressed
and shall publish this list quarterly beginning October 1,
2011.
(d) The Department shall notify each facility of its
distressed designation, and of the calculation on which it is
based.
(e) A distressed facility may contract with an independent
consultant meeting criteria established by the Department. If
the distressed facility does not seek the assistance of an
independent consultant, the Department shall place a monitor or
a temporary manager in the facility, depending on the
Department's assessment of the condition of the facility.
(f) Independent consultant. A facility that has been
designated a distressed facility may contract with an
independent consultant to develop and assist in the
implementation of a plan of improvement to bring and keep the
facility in compliance with this Act and, if applicable, with
federal certification requirements. A facility that contracts
with an independent consultant shall have 90 days to develop a
plan of improvement and demonstrate a good faith effort at
implementation, and another 90 days to achieve compliance and
take whatever additional actions are called for in the
improvement plan to maintain compliance. A facility that the

Department determines has a plan of improvement likely to bring
and keep the facility in compliance and that has demonstrated
good faith efforts at implementation within the first 90 days
may be eligible to receive a grant under the Equity in
Long-term Care Quality Act to assist it in achieving and
maintaining compliance. In this subsection, "independent"
consultant means an individual who has no professional or
financial relationship with the facility, any person with a
reportable ownership interest in the facility, or any related
parties. In this subsection, "related parties" has the meaning
attributed to it in the instructions for completing Medicaid
cost reports.
(f-5) (f) Monitor and temporary managers. A distressed
facility that does not contract with a consultant shall be
assigned a monitor or a temporary manager at the Department's
discretion. The cost of the temporary manager shall be paid by
the facility. The temporary manager shall have the authority
determined by the Department, which may grant the temporary
manager any or all of the authority a court may grant a
receiver. The temporary manager may apply to the Equity in
Long-term Care Quality Fund for grant funds to implement the
plan of improvement.
(g) The Department shall by rule establish a mentor program
for owners of distressed facilities.
(h) The Department shall by rule establish sanctions (in
addition to those authorized elsewhere in this Article) against

distressed facilities that are not in compliance with this Act
and (if applicable) with federal certification requirements.
Criteria for imposing sanctions shall take into account a
facility's actions to address the violations and deficiencies
that caused its designation as a distressed facility, and its
compliance with this Act and with federal certification
requirements (if applicable), subsequent to its designation as
a distressed facility, including mandatory revocations if
criteria can be agreed upon by the Department, resident
advocates, and representatives of the nursing home profession.
By February 1, 2011, the Department shall report to the General
Assembly on the results of negotiations about creating criteria
for mandatory license revocations of distressed facilities and
make recommendations about any statutory changes it believes
are appropriate to protect the health, safety, and welfare of
nursing home residents.
(i) The Department may establish by rule criteria for
restricting the owner of a facility on the distressed list from
acquiring additional skilled nursing facilities.
(Source: P.A. 96-1372, eff. 7-29-10; revised 11-18-11.)
Section 310. The ID/DD Community Care Act is amended by
changing Section 3-310 as follows:
(210 ILCS 47/3-310)
Sec. 3-310. Collection of penalties. All penalties shall be

paid to the Department within 10 days of receipt of notice of
assessment or, if the penalty is contested under Section 3-309,
within 10 days of receipt of the final decision, unless the
decision is appealed and the order is stayed by court order
under Section 3-713. A facility choosing to waive the right to
a hearing under Section 3-309 shall submit a payment totaling
65% of the original fine amount along with the written waiver.
A penalty assessed under this Act shall be collected by the
Department and shall be deposited with the State Treasurer into
the Long Term Care Monitor/Receiver Fund. If the person or
facility against whom a penalty has been assessed does not
comply with a written demand for payment within 30 days, the
Director shall issue an order to do any of the following:
(1) Direct the State Treasurer or Comptroller to deduct
the amount of the fine from amounts otherwise due from the
State for the penalty, including any payments to be made
from the Developmentally Disabled Care Provider Fund
established under Section 5C-7 of the Illinois Public Aid
Code, and remit that amount to the Department;
(2) Add the amount of the penalty to the facility's
licensing fee; if the licensee refuses to make the payment
at the time of application for renewal of its license, the
license shall not be renewed; or
(3) Bring an action in circuit court to recover the
amount of the penalty. Equity
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-333,

eff. 8-12-11; revised 9-28-11.)
Section 315. The Specialized Mental Health Rehabilitation
Act is amended by changing Sections 1-113 and 3-305 as follows:
(210 ILCS 48/1-113)
Sec. 1-113. Facility. "Facility" means a specialized
mental health rehabilitation 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 facilities that meet the following criteria:
(i) 100% of the resident population of the facility has
a diagnosis of serious mental illness;
(ii) no more than 15% of the resident population of the
facility is 65 years of age or older;
(iii) none of the residents have a primary diagnosis of
moderate, severe, or profound intellectual disability
mental retardation;
(iv) meet standards established in Subpart T of Section
300 of Title 77 of the Illinois Administrative Code as it
existed on June 30, 2011. Facilities licensed under this
Act shall continue to meet standards established under this
portion of the Illinois Administrative Code until such time
as new rules are adopted pursuant to this Act; and
(v) must participate in the Demonstration Project for

Mental Health Services in Nursing Facilities established
under Department of Healthcare and Family Services rules at
89 Ill. Adm. Code 145.10 and its successor; to be
considered for participation in this Demonstration Project
for Mental Health Services in Nursing Facilities, a
facility must meet all standards established in this
rulemaking (89 Ill. Adm. Code) or its successor; this
demonstration project shall be extended through June 30,
2014.
"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 living arrangement as
defined in the 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;
(12) a home, institution, or other place operated by or
under the authority of the Illinois Department of Veterans'

Affairs;
(13) any facility licensed under the ID/DD MR/DD
Community Care Act; or
(14) any facility licensed under the Nursing Home Care
Act.
(Source: P.A. 97-38, eff. 6-28-11; revised 11-18-11.)
(210 ILCS 48/3-305)
Sec. 3-305. Licensee subject to penalties; fines. The
license of a facility that is in violation of this Act or any
rule adopted under this Act may be subject to the penalties or
fines levied by the Department as specified in this Section.
(1) A licensee who commits a Type "AA" violation as defined
in Section 1-128.5 is automatically issued a conditional
license for a period of 6 months to coincide with an acceptable
plan of correction and assessed a fine up to $25,000 per
violation.
(1.5) 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 of up to $12,500 per
violation.
(2) A licensee who commits a Type "B" violation as defined
in Section 1-130 shall be assessed a fine of up to $1,100 per
violation.
(2.5) A licensee who commits 10 or more Type "C"

violations, as defined in Section 1-132, in a single survey
shall be assessed a fine of up to $250 per violation. A
licensee who commits one or more Type "C" violations with a
high-risk designation, as defined by rule, shall be assessed a
fine of up to $500 per violation.
(3) A licensee who commits a Type "AA" or Type "A"
violation as defined in Section 1-128.5 or 1-129 that continues
beyond the time specified in paragraph (a) of Section 3-303
which is 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 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 or a new citation of
the same rule if the licensee is not substantially addressing
the issue routinely throughout the facility. Violations of the
Nursing Home Care Act and the ID/DD MR/DD Community Care Act
shall be deemed violations of this Act.
(7.5) If an occurrence results in more than one type of
violation as defined in this Act, the Nursing Home Care Act, or
the ID/DD MR/DD Community Care Act (that is, a Type "AA", Type
"A", Type "B", or Type "C" violation), the maximum fine that
may be assessed for that occurrence is the maximum fine that
may be assessed for the most serious type of violation charged.
For purposes of the preceding sentence, a Type "AA" violation

is the most serious type of violation that may be charged,
followed by a Type "A", Type "B", or Type "C" violation, in
that order.
(8) The minimum and maximum fines that may be assessed
pursuant to this Section shall be twice those otherwise
specified for any facility that willfully makes a misstatement
of fact to the Department, or willfully fails to make a
required notification to the Department, if that misstatement
or failure delays the start of a surveyor or impedes a survey.
(9) If the Department finds that a facility has violated a
provision of the Illinois Administrative Code that has a
high-risk designation, or that a facility has violated the same
provision of the Illinois Administrative Code 3 or more times
in the previous 12 months, the Department may assess a fine of
up to 2 times the maximum fine otherwise allowed.
(10) If a licensee has paid a civil monetary penalty
imposed pursuant to the Medicare and Medicaid Certification
Program for the equivalent federal violation giving rise to a
fine under this Section, the Department shall offset the fine
by the amount of the civil monetary penalty. The offset may not
reduce the fine by more than 75% of the original fine, however.
(Source: P.A. 97-38, eff. 6-28-11; revised 11-18-11.)
Section 320. The Emergency Medical Services (EMS) Systems
Act is amended by changing Section 3.50 as follows:

(210 ILCS 50/3.50)
Sec. 3.50. Emergency Medical Technician (EMT) Licensure.
(a) "Emergency Medical Technician-Basic" or "EMT-B" means
a person who has successfully completed a course of instruction
in basic life support as prescribed by the Department, is
currently licensed by the Department in accordance with
standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an EMS
System.
(b) "Emergency Medical Technician-Intermediate" or "EMT-I"
means a person who has successfully completed a course of
instruction in intermediate life support as prescribed by the
Department, is currently licensed by the Department in
accordance with standards prescribed by this Act and rules
adopted by the Department pursuant to this Act, and practices
within an Intermediate or Advanced Life Support EMS System.
(c) "Emergency Medical Technician-Paramedic" or "EMT-P"
means a person who has successfully completed a course of
instruction in advanced life support care as prescribed by the
Department, is licensed by the Department in accordance with
standards prescribed by this Act and rules adopted by the
Department pursuant to this Act, and practices within an
Advanced Life Support EMS System.
(d) The Department shall have the authority and
responsibility to:
(1) Prescribe education and training requirements,

which includes training in the use of epinephrine, for all
levels of EMT, based on the respective national curricula
of the United States Department of Transportation and any
modifications to such curricula specified by the
Department through rules adopted pursuant to this Act.
(2) Prescribe licensure testing requirements for all
levels of EMT, which shall include a requirement that all
phases of instruction, training, and field experience be
completed before taking the EMT licensure examination.
Candidates may elect to take the National Registry of
Emergency Medical Technicians examination in lieu of the
Department's examination, but are responsible for making
their own arrangements for taking the National Registry
examination.
(2.5) Review applications for EMT licensure from
honorably discharged members of the armed forces of the
United States with military emergency medical training.
Applications shall be filed with the Department within one
year after military discharge and shall contain: (i) proof
of successful completion of military emergency medical
training; (ii) a detailed description of the emergency
medical curriculum completed; and (iii) a detailed
description of the applicant's clinical experience. The
Department may request additional and clarifying
information. The Department shall evaluate the
application, including the applicant's training and

experience, consistent with the standards set forth under
subsections (a), (b), (c), and (d) of Section 3.10. If the
application clearly demonstrates that the training and
experience meets such standards, the Department shall
offer the applicant the opportunity to successfully
complete a Department-approved EMT examination for which
the applicant is qualified. Upon passage of an examination,
the Department shall issue a license, which shall be
subject to all provisions of this Act that are otherwise
applicable to the class of EMT license issued.
(3) License individuals as an EMT-B, EMT-I, or EMT-P
who have met the Department's education, training and
examination requirements.
(4) Prescribe annual continuing education and
relicensure requirements for all levels of EMT.
(5) Relicense individuals as an EMT-B, EMT-I, or EMT-P
every 4 years, based on their compliance with continuing
education and relicensure requirements. An Illinois
licensed Emergency Medical Technician whose license has
been expired for less than 36 months may apply for
reinstatement by the Department. Reinstatement shall
require that the applicant (i) submit satisfactory proof of
completion of continuing medical education and clinical
requirements to be prescribed by the Department in an
administrative rule; (ii) submit a positive recommendation
from an Illinois EMS Medical Director attesting to the

applicant's qualifications for retesting; and (iii) pass a
Department approved test for the level of EMT license
sought to be reinstated.
(6) Grant inactive status to any EMT who qualifies,
based on standards and procedures established by the
Department in rules adopted pursuant to this Act.
(7) Charge a fee for EMT examination, licensure, and
license renewal.
(8) Suspend, revoke, or refuse to issue or renew the
license of any licensee, after an opportunity for an
impartial hearing before a neutral administrative law
judge appointed by the Director, where the preponderance of
the evidence shows one or more of the following:
(A) The licensee has not met continuing education
or relicensure requirements as prescribed by the
Department;
(B) The licensee has failed to maintain
proficiency in the level of skills for which he or she
is licensed;
(C) The licensee, during the provision of medical
services, engaged in dishonorable, unethical, or
unprofessional conduct of a character likely to
deceive, defraud, or harm the public;
(D) The licensee has failed to maintain or has
violated standards of performance and conduct as
prescribed by the Department in rules adopted pursuant

to this Act or his or her EMS System's Program Plan;
(E) The licensee is physically impaired to the
extent that he or she cannot physically perform the
skills and functions for which he or she is licensed,
as verified by a physician, unless the person is on
inactive status pursuant to Department regulations;
(F) The licensee is mentally impaired to the extent
that he or she cannot exercise the appropriate
judgment, skill and safety for performing the
functions for which he or she is licensed, as verified
by a physician, unless the person is on inactive status
pursuant to Department regulations;
(G) The licensee has violated this Act or any rule
adopted by the Department pursuant to this Act; or
(H) The licensee has been convicted (or entered a
plea of guilty or nolo-contendere) by a court of
competent jurisdiction of a Class X, Class 1, or Class
2 felony in this State or an out-of-state equivalent
offense.
(9) An EMT who is a member of the Illinois National
Guard or , an Illinois State Trooper, or who exclusively
serves as a volunteer for units of local government with a
population base of less than 5,000 or as a volunteer for a
not-for-profit organization that serves a service area
with a population base of less than 5,000 may submit an
application to the Department for a waiver of these fees on

a form prescribed by the Department.
The education requirements prescribed by the Department
under this subsection must allow for the suspension of those
requirements in the case of a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard who is on active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor at
the time that the member would otherwise be required to fulfill
a particular education requirement. Such a person must fulfill
the education requirement within 6 months after his or her
release from active duty.
(e) In the event that any rule of the Department or an EMS
Medical Director that requires testing for drug use as a
condition for EMT licensure conflicts with or duplicates a
provision of a collective bargaining agreement that requires
testing for drug use, that rule shall not apply to any person
covered by the collective bargaining agreement.
(Source: P.A. 96-540, eff. 8-17-09; 96-1149, eff. 7-21-10;
96-1469, eff. 1-1-11; 97-333, eff. 8-12-11; 97-509, eff.
8-23-11; revised 11-18-11.)
Section 325. 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)
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 ID/DD Community Care Act, the
Specialized Mental Health Rehabilitation 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;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
revised 9-28-11.)
Section 330. The Hospice Program Licensing Act is amended
by changing Sections 3 and 4 as follows:
(210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
Sec. 3. Definitions. As used in this Act, unless the

context otherwise requires:
(a) "Bereavement" means the period of time during which the
hospice patient's family experiences and adjusts to the death
of the hospice patient.
(a-5) "Bereavement services" means counseling services
provided to an individual's family after the individual's
death.
(a-10) "Attending physician" means a physician who:
(1) is a doctor of medicine or osteopathy; and
(2) is identified by an individual, at the time the
individual elects to receive hospice care, as having the
most significant role in the determination and delivery of
the individual's medical care.
(b) "Department" means the Illinois Department of Public
Health.
(c) "Director" means the Director of the Illinois
Department of Public Health.
(d) "Hospice care" means a program of palliative care that
provides for the physical, emotional, and spiritual care needs
of a terminally ill patient and his or her family. The goal of
such care is to achieve the highest quality of life as defined
by the patient and his or her family through the relief of
suffering and control of symptoms.
(e) "Hospice care team" means an interdisciplinary group or
groups composed of individuals who provide or supervise the
care and services offered by the hospice.

(f) "Hospice patient" means a terminally ill person
receiving hospice services.
(g) "Hospice patient's family" means a hospice patient's
immediate family consisting of a spouse, sibling, child, parent
and those individuals designated as such by the patient for the
purposes of this Act.
(g-1) "Hospice residence" means a separately licensed
home, apartment building, or similar building providing living
quarters:
(1) that is owned or operated by a person licensed to
operate as a comprehensive hospice; and
(2) at which hospice services are provided to facility
residents.
A building that is licensed under the Hospital Licensing
Act, the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act is not a
hospice residence.
(h) "Hospice services" means a range of professional and
other supportive services provided to a hospice patient and his
or her family. These services may include, but are not limited
to, physician services, nursing services, medical social work
services, spiritual counseling services, bereavement services,
and volunteer services.
(h-5) "Hospice program" means a licensed public agency or
private organization, or a subdivision of either of those, that
is primarily engaged in providing care to terminally ill

individuals through a program of home care or inpatient care,
or both home care and inpatient care, utilizing a medically
directed interdisciplinary hospice care team of professionals
or volunteers, or both professionals and volunteers. A hospice
program may be licensed as a comprehensive hospice program or a
volunteer hospice program.
(h-10) "Comprehensive hospice" means a program that
provides hospice services and meets the minimum standards for
certification under the Medicare program set forth in the
Conditions of Participation in 42 CFR Part 418 but is not
required to be Medicare-certified.
(i) "Palliative care" means the management of pain and
other distressing symptoms that incorporates medical, nursing,
psychosocial, and spiritual care according to the needs,
values, beliefs, and culture or cultures of the patient and his
or her family. The evaluation and treatment is
patient-centered, with a focus on the central role of the
family unit in decision-making.
(j) "Hospice service plan" means a plan detailing the
specific hospice services offered by a comprehensive or
volunteer hospice program, and the administrative and direct
care personnel responsible for those services. The plan shall
include but not be limited to:
(1) Identification of the person or persons
administratively responsible for the program.
(2) The estimated average monthly patient census.

(3) The proposed geographic area the hospice will
serve.
(4) A listing of those hospice services provided
directly by the hospice, and those hospice services
provided indirectly through a contractual agreement.
(5) The name and qualifications of those persons or
entities under contract to provide indirect hospice
services.
(6) The name and qualifications of those persons
providing direct hospice services, with the exception of
volunteers.
(7) A description of how the hospice plans to utilize
volunteers in the provision of hospice services.
(8) A description of the program's record keeping
system.
(k) "Terminally ill" means a medical prognosis by a
physician licensed to practice medicine in all of its branches
that a patient has an anticipated life expectancy of one year
or less.
(l) "Volunteer" means a person who offers his or her
services to a hospice without compensation. Reimbursement for a
volunteer's expenses in providing hospice service shall not be
considered compensation.
(l-5) "Employee" means a paid or unpaid member of the staff
of a hospice program, or, if the hospice program is a
subdivision of an agency or organization, of the agency or

organization, who is appropriately trained and assigned to the
hospice program. "Employee" also means a volunteer whose duties
are prescribed by the hospice program and whose performance of
those duties is supervised by the hospice program.
(l-10) "Representative" means an individual who has been
authorized under State law to terminate an individual's medical
care or to elect or revoke the election of hospice care on
behalf of a terminally ill individual who is mentally or
physically incapacitated.
(m) "Volunteer hospice" means a program which provides
hospice services to patients regardless of their ability to
pay, with emphasis on the utilization of volunteers to provide
services, under the administration of a not-for-profit agency.
This definition does not prohibit the employment of staff.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-28-11.)
(210 ILCS 60/4) (from Ch. 111 1/2, par. 6104)
Sec. 4. License.
(a) No person shall establish, conduct or maintain a
comprehensive or volunteer hospice program without first
obtaining a license from the Department. A hospice residence
may be operated only at the locations listed on the license. A
comprehensive hospice program owning or operating a hospice
residence is not subject to the provisions of the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act, or

the ID/DD Community Care Act in owning or operating a hospice
residence.
(b) No public or private agency shall advertise or present
itself to the public as a comprehensive or volunteer hospice
program which provides hospice services without meeting the
provisions of subsection (a).
(c) The license shall be valid only in the possession of
the hospice to which it was originally issued and shall not be
transferred or assigned to any other person, agency, or
corporation.
(d) The license shall be renewed annually.
(e) The license shall be displayed in a conspicuous place
inside the hospice program office.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-28-11.)
Section 335. The Hospital Licensing Act is amended by
changing Sections 3, 6.09, and 10.10 as follows:
(210 ILCS 85/3)
Sec. 3. As used in this Act:
(A) "Hospital" means any institution, place, building,
buildings on a campus, 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.
The term "hospital" does not include:
(1) any person or institution required to be licensed
pursuant to the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act, or the ID/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;
(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.
(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.
(H) "Campus", as this terms applies to operations, has the
same meaning as the term "campus" as set forth in federal
Medicare regulations, 42 CFR 413.65.
(Source: P.A. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10; 96-1515, eff. 2-4-11; 97-38, eff.
6-28-11; 97-227, eff. 1-1-12; revised 9-28-11.)
(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
Sec. 6.09. (a) In order to facilitate the orderly
transition of aged and disabled patients from hospitals to
post-hospital care, whenever a patient who qualifies for the
federal Medicare program is hospitalized, the patient shall be
notified of discharge at least 24 hours prior to discharge from
the hospital. With regard to pending discharges to a skilled
nursing facility, the hospital must notify the case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at
least 24 hours prior to discharge or, if home health services
are ordered, the hospital must inform its designated case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, of
the pending discharge and must provide the patient with the
case coordination unit's telephone number and other contact
information.

(b) Every hospital shall develop procedures for a physician
with medical staff privileges at the hospital or any
appropriate medical staff member to provide the discharge
notice prescribed in subsection (a) of this Section. The
procedures must include prohibitions against discharging or
referring a patient to any of the following if unlicensed,
uncertified, or unregistered: (i) a board and care facility, as
defined in the Board and Care Home Act; (ii) an assisted living
and shared housing establishment, as defined in the Assisted
Living and Shared Housing Act; (iii) a facility licensed under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act; (iv) a
supportive living facility, as defined in Section 5-5.01a of
the Illinois Public Aid Code; or (v) a free-standing hospice
facility licensed under the Hospice Program Licensing Act if
licensure, certification, or registration is required. The
Department of Public Health shall annually provide hospitals
with a list of licensed, certified, or registered board and
care facilities, assisted living and shared housing
establishments, nursing homes, supportive living facilities,
facilities licensed under the ID/DD Community Care Act or the
Specialized Mental Health Rehabilitation Act, and hospice
facilities. Reliance upon this list by a hospital shall satisfy
compliance with this requirement. The procedure may also
include a waiver for any case in which a discharge notice is
not feasible due to a short length of stay in the hospital by

the patient, or for any case in which the patient voluntarily
desires to leave the hospital before the expiration of the 24
hour period.
(c) At least 24 hours prior to discharge from the hospital,
the patient shall receive written information on the patient's
right to appeal the discharge pursuant to the federal Medicare
program, including the steps to follow to appeal the discharge
and the appropriate telephone number to call in case the
patient intends to appeal the discharge.
(d) Before transfer of a patient to a long term care
facility licensed under the Nursing Home Care Act where elderly
persons reside, a hospital shall as soon as practicable
initiate a name-based criminal history background check by
electronic submission to the Department of State Police for all
persons between the ages of 18 and 70 years; provided, however,
that a hospital shall be required to initiate such a background
check only with respect to patients who:
(1) are transferring to a long term care facility for
the first time;
(2) have been in the hospital more than 5 days;
(3) are reasonably expected to remain at the long term
care facility for more than 30 days;
(4) have a known history of serious mental illness or
substance abuse; and
(5) are independently ambulatory or mobile for more
than a temporary period of time.

A hospital may also request a criminal history background
check for a patient who does not meet any of the criteria set
forth in items (1) through (5).
A hospital shall notify a long term care facility if the
hospital has initiated a criminal history background check on a
patient being discharged to that facility. In all circumstances
in which the hospital is required by this subsection to
initiate the criminal history background check, the transfer to
the long term care facility may proceed regardless of the
availability of criminal history results. Upon receipt of the
results, the hospital shall promptly forward the results to the
appropriate long term care facility. If the results of the
background check are inconclusive, the hospital shall have no
additional duty or obligation to seek additional information
from, or about, the patient.
(Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10;
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 9-28-11.)
(210 ILCS 85/10.10)
Sec. 10.10. Nurse Staffing by Patient Acuity.
(a) Findings. The Legislature finds and declares all of the
following:
(1) The State of Illinois has a substantial interest in
promoting quality care and improving the delivery of health
care services.
(2) Evidence-based studies have shown that the basic

principles of staffing in the acute care setting should be
based on the complexity of patients' care needs aligned
with available nursing skills to promote quality patient
care consistent with professional nursing standards.
(3) Compliance with this Section promotes an
organizational climate that values registered nurses'
input in meeting the health care needs of hospital
patients.
(b) Definitions. As used in this Section:
"Acuity model" means an assessment tool selected and
implemented by a hospital, as recommended by a nursing care
committee, that assesses the complexity of patient care needs
requiring professional nursing care and skills and aligns
patient care needs and nursing skills consistent with
professional nursing standards.
"Department" means the Department of Public Health.
"Direct patient care" means care provided by a registered
professional nurse with direct responsibility to oversee or
carry out medical regimens or nursing care for one or more
patients.
"Nursing care committee" means an existing or newly created
hospital-wide committee or committees of nurses whose
functions, in part or in whole, contribute to the development,
recommendation, and review of the hospital's nurse staffing
plan established pursuant to subsection (d).
"Registered professional nurse" means a person licensed as

a Registered Nurse under the Nurse Practice Act.
"Written staffing plan for nursing care services" means a
written plan for guiding the assignment of patient care nursing
staff based on multiple nurse and patient considerations that
yield minimum staffing levels for inpatient care units and the
adopted acuity model aligning patient care needs with nursing
skills required for quality patient care consistent with
professional nursing standards.
(c) Written staffing plan.
(1) Every hospital shall implement a written
hospital-wide staffing plan, recommended by a nursing care
committee or committees, that provides for minimum direct
care professional registered nurse-to-patient staffing
needs for each inpatient care unit. The written
hospital-wide staffing plan shall include, but need not be
limited to, the following considerations:
(A) The complexity of complete care, assessment on
patient admission, volume of patient admissions,
discharges and transfers, evaluation of the progress
of a patient's problems, ongoing physical assessments,
planning for a patient's discharge, assessment after a
change in patient condition, and assessment of the need
for patient referrals.
(B) The complexity of clinical professional
nursing judgment needed to design and implement a
patient's nursing care plan, the need for specialized

equipment and technology, the skill mix of other
personnel providing or supporting direct patient care,
and involvement in quality improvement activities,
professional preparation, and experience.
(C) Patient acuity and the number of patients for
whom care is being provided.
(D) The ongoing assessments of a unit's patient
acuity levels and nursing staff needed shall be
routinely made by the unit nurse manager or his or her
designee.
(E) The identification of additional registered
nurses available for direct patient care when
patients' unexpected needs exceed the planned workload
for direct care staff.
(2) In order to provide staffing flexibility to meet
patient needs, every hospital shall identify an acuity
model for adjusting the staffing plan for each inpatient
care unit.
(3) The written staffing plan shall be posted in a
conspicuous and accessible location for both patients and
direct care staff, as required under the Hospital Report
Card Act. A copy of the written staffing plan shall be
provided to any member of the general public upon request.
(d) Nursing care committee.
(1) Every hospital shall have a nursing care committee.
A hospital shall appoint members of a committee whereby at

least 50% of the members are registered professional nurses
providing direct patient care.
(2) A nursing care committee's recommendations must be
given significant regard and weight in the hospital's
adoption and implementation of a written staffing plan.
(3) A nursing care committee or committees shall
recommend a written staffing plan for the hospital based on
the principles from the staffing components set forth in
subsection (c). In particular, a committee or committees
shall provide input and feedback on the following:
(A) Selection, implementation, and evaluation of
minimum staffing levels for inpatient care units.
(B) Selection, implementation, and evaluation of
an acuity model to provide staffing flexibility that
aligns changing patient acuity with nursing skills
required.
(C) Selection, implementation, and evaluation of a
written staffing plan incorporating the items
described in subdivisions (c)(1) and (c)(2) of this
Section.
(D) Review the following: nurse-to-patient
staffing guidelines for all inpatient areas; and
current acuity tools and measures in use.
(4) A nursing care committee must address the items
described in subparagraphs (A) through (D) of paragraph (3)
semi-annually.

(e) Nothing in is this Section 10.10 shall be construed to
limit, alter, or modify any of the terms, conditions, or
provisions of a collective bargaining agreement entered into by
the hospital.
(Source: P.A. 96-328, eff. 8-11-09; 97-423, eff. 1-1-12;
revised 11-18-11.)
Section 340. The Language Assistance Services Act is
amended by changing Section 10 as follows:
(210 ILCS 87/10)
Sec. 10. Definitions. As used in this Act:
"Department" means the Department of Public Health.
"Interpreter" means a person fluent in English and in the
necessary language of the patient who can accurately speak,
read, and readily interpret the necessary second language, or a
person who can accurately sign and read sign language.
Interpreters shall have the ability to translate the names of
body parts and to describe completely symptoms and injuries in
both languages. Interpreters may include members of the medical
or professional staff.
"Language or communication barriers" means either of the
following:
(1) With respect to spoken language, barriers that are
experienced by limited-English-speaking or
non-English-speaking individuals who speak the same

primary language, if those individuals constitute at least
5% of the patients served by the health facility annually.
(2) With respect to sign language, barriers that are
experienced by individuals who are deaf and whose primary
language is sign language.
"Health facility" means a hospital licensed under the
Hospital Licensing Act, a long-term care facility licensed
under the Nursing Home Care Act, or a facility licensed under
the ID/DD Community Care Act or the Specialized Mental Health
Rehabilitation Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-28-11.)
Section 345. The Community-Integrated Living Arrangements
Licensure and Certification Act is amended by changing Section
4 and by setting forth, renumbering, and changing multiple
versions of Section 13 as follows:
(210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
Sec. 4. (a) Any community mental health or developmental
services agency who wishes to develop and support a variety of
community-integrated living arrangements may do so pursuant to
a license issued by the Department under this Act. However,
programs established under or otherwise subject to the Child
Care Act of 1969, the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act, or the ID/DD Community Care

Act, as now or hereafter amended, shall remain subject thereto,
and this Act shall not be construed to limit the application of
those Acts.
(b) The system of licensure established under this Act
shall be for the purposes of:
(1) Insuring that all recipients residing in
community-integrated living arrangements are receiving
appropriate community-based services, including treatment,
training and habilitation or rehabilitation;
(2) Insuring that recipients' rights are protected and
that all programs provided to and placements arranged for
recipients comply with this Act, the Mental Health and
Developmental Disabilities Code, and applicable Department
rules and regulations;
(3) Maintaining the integrity of communities by
requiring regular monitoring and inspection of placements
and other services provided in community-integrated living
arrangements.
The licensure system shall be administered by a quality
assurance unit within the Department which shall be
administratively independent of units responsible for funding
of agencies or community services.
(c) As a condition of being licensed by the Department as a
community mental health or developmental services agency under
this Act, the agency shall certify to the Department that:
(1) All recipients residing in community-integrated

living arrangements are receiving appropriate
community-based services, including treatment, training
and habilitation or rehabilitation;
(2) All programs provided to and placements arranged
for recipients are supervised by the agency; and
(3) All programs provided to and placements arranged
for recipients comply with this Act, the Mental Health and
Developmental Disabilities Code, and applicable Department
rules and regulations.
(d) An applicant for licensure as a community mental health
or developmental services agency under this Act shall submit an
application pursuant to the application process established by
the Department by rule and shall pay an application fee in an
amount established by the Department, which amount shall not be
more than $200.
(e) If an applicant meets the requirements established by
the Department to be licensed as a community mental health or
developmental services agency under this Act, after payment of
the licensing fee, the Department shall issue a license valid
for 3 years from the date thereof unless suspended or revoked
by the Department or voluntarily surrendered by the agency.
(f) Upon application to the Department, the Department may
issue a temporary permit to an applicant for a 6-month period
to allow the holder of such permit reasonable time to become
eligible for a license under this Act.
(g)(1) The Department may conduct site visits to an agency

licensed under this Act, or to any program or placement
certified by the agency, and inspect the records or premises,
or both, of such agency, program or placement as it deems
appropriate, for the purpose of determining compliance with
this Act, the Mental Health and Developmental Disabilities
Code, and applicable Department rules and regulations.
(2) If the Department determines that an agency licensed
under this Act is not in compliance with this Act or the rules
and regulations promulgated under this Act, the Department
shall serve a notice of violation upon the licensee. Each
notice of violation shall be prepared in writing and shall
specify the nature of the violation, the statutory provision or
rule alleged to have been violated, and that the licensee
submit a plan of correction to the Department if required. The
notice shall also inform the licensee of any other action which
the Department might take pursuant to this Act and of the right
to a hearing.
(g-5) As determined by the Department, a disproportionate
number or percentage of licensure complaints; a
disproportionate number or percentage of substantiated cases
of abuse, neglect, or exploitation involving an agency; an
apparent unnatural death of an individual served by an agency;
any egregious or life-threatening abuse or neglect within an
agency; or any other significant event as determined by the
Department shall initiate a review of the agency's license by
the Department, as well as a review of its service agreement

for funding. The Department shall adopt rules to establish the
process by which the determination to initiate a review shall
be made and the timeframe to initiate a review upon the making
of such determination.
(h) Upon the expiration of any license issued under this
Act, a license renewal application shall be required of and a
license renewal fee in an amount established by the Department
shall be charged to a community mental health or developmental
services agency, provided that such fee shall not be more than
$200.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-441, eff. 8-19-11; revised 9-28-11.)
(210 ILCS 135/13)
Sec. 13. Fire inspections; authority.
(a) Per the requirements of Public Act 96-1141, on January
1, 2011 a report titled "Streamlined Auditing and Monitoring
for Community Based Services: First Steps Toward a More
Efficient System for Providers, State Government, and the
Community" was provided for members of the General Assembly.
The report, which was developed by a steering committee of
community providers, trade associations, and designated
representatives from the Departments of Children and Family
Services, Healthcare and Family Services, Human Services, and
Public Health, issued a series of recommendations, including
recommended changes to Administrative Rules and Illinois

statutes, on the categories of deemed status for accreditation,
fiscal audits, centralized repository of information,
Medicaid, technology, contracting, and streamlined monitoring
procedures. It is the intent of the 97th General Assembly to
pursue implementation of those recommendations that have been
determined to require Acts of the General Assembly.
(b) For community-integrated living arrangements licensed
under this Act, the Office of the State Fire Marshal shall
provide the necessary fire inspection to comply with licensing
requirements. The Office of the State Fire Marshal may enter
into an agreement with another State agency to conduct this
inspection if qualified personnel are employed by that agency.
Code enforcement inspection of the facility by the local
authority shall only occur if the local authority having
jurisdiction enforces code requirements that are more
stringent than those enforced by the State Fire Marshal.
Nothing in this Section shall prohibit a local fire authority
from conducting fire incident planning activities.
(Source: P.A. 97-321, eff. 8-12-11.)
(210 ILCS 135/13.1)
Sec. 13.1 13. Registry checks for employees.
(a) Within 60 days after August 19, 2011 (the effective
date of Public Act 97-441) this amendatory Act of the 97th
General Assembly, the Department shall require all of its
community developmental services agencies to conduct required

registry checks on employees at the time of hire and annually
thereafter during employment. The required registries to be
checked are the Health Care Worker Registry, the Department of
Children and Family Services' State Central Register, and the
Illinois Sex Offender Registry. A person may not be employed if
he or she is found to have disqualifying convictions or
substantiated cases of abuse or neglect. At the time of the
annual registry checks, if a current employee's name has been
placed on a registry with disqualifying convictions or
disqualifying substantiated cases of abuse or neglect, then the
employee must be terminated. Disqualifying convictions or
disqualifying substantiated cases of abuse or neglect are
defined for the Department of Children and Family Services'
State Central Register by the Department of Children and Family
Services' standards for background checks in Part 385 of Title
89 of the Illinois Administrative Code. Disqualifying
convictions or disqualifying substantiated cases of abuse or
neglect are defined for the Health Care Worker Registry by the
Health Care Worker Background Check Act and the Department's
standards for abuse and neglect investigations in Section 1-17
of the Department of Human Services Act.
(b) In collaboration with the Department of Children and
Family Services and the Department of Public Health, the
Department of Human Services shall establish a waiver process
from the prohibition of employment or termination of employment
requirements in subsection (a) of this Section for any

applicant or employee listed under the Department of Children
and Family Services' State Central Register seeking to be hired
or maintain his or her employment with a community
developmental services agency under this Act. The waiver
process for applicants and employees outlined under Section 40
of the Health Care Worker Background Check Act shall remain in
effect for individuals listed on the Health Care Worker
Registry.
(c) In order to effectively and efficiently comply with
subsection (a), the Department of Children and Family Services
shall take immediate actions to streamline the process for
checking the State Central Register for employees hired by
community developmental services agencies referenced in this
Act. These actions may include establishing a website for
registry checks or establishing a registry check process
similar to the Health Care Worker Registry.
(Source: P.A. 97-441, eff. 8-19-11; revised 10-28-11.)
Section 350. The Illinois Insurance Code is amended by
changing Sections 356z.3, 356z.16, 364.01, 368a, 408, 409, and
1540 and by setting forth and renumbering multiple versions of
Section 356z.19 as follows:
(215 ILCS 5/356z.3)
Sec. 356z.3. Disclosure of limited benefit. An insurer that
issues, delivers, amends, or renews an individual or group

policy of accident and health insurance in this State after the
effective date of this amendatory Act of the 92nd General
Assembly and arranges, contracts with, or administers
contracts with a provider whereby beneficiaries are provided an
incentive to use the services of such provider must include the
following disclosure on its contracts and evidences of
coverage: "WARNING, LIMITED BENEFITS WILL BE PAID WHEN
NON-PARTICIPATING PROVIDERS ARE USED. You should be aware that
when you elect to utilize the services of a non-participating
provider for a covered service in non-emergency situations,
benefit payments to such non-participating provider are not
based upon the amount billed. The basis of your benefit payment
will be determined according to your policy's fee schedule,
usual and customary charge (which is determined by comparing
charges for similar services adjusted to the geographical area
where the services are performed), or other method as defined
by the policy. YOU CAN EXPECT TO PAY MORE THAN THE COINSURANCE
AMOUNT DEFINED IN THE POLICY AFTER THE PLAN HAS PAID ITS
REQUIRED PORTION. Non-participating providers may bill members
for any amount up to the billed charge after the plan has paid
its portion of the bill as provided in Section 356z.3a of the
Illinois Insurance Code this Code. Participating providers
have agreed to accept discounted payments for services with no
additional billing to the member other than co-insurance and
deductible amounts. You may obtain further information about
the participating status of professional providers and

information on out-of-pocket expenses by calling the toll free
telephone number on your identification card.".
(Source: P.A. 95-331, eff. 8-21-07; 96-1523, eff. 6-1-11;
revised 11-18-11.)
(215 ILCS 5/356z.16)
Sec. 356z.16. 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, 356z.12, 356z.19, 356z.21 356z.19, 364.01, 367.2-5,
and 367e.
(Source: P.A. 96-180, eff. 1-1-10; 96-1000, eff. 7-2-10;
96-1034, eff. 1-1-11; 97-91, eff. 1-1-12; 97-282, eff. 8-9-11;
97-592, eff. 1-1-12; revised 10-13-11.)
(215 ILCS 5/356z.19)
Sec. 356z.19. Cardiovascular disease. Because
cardiovascular disease is a leading cause of death and
disability, an insurer providing group or individual policies
of accident and health insurance or a managed care plan shall
develop and implement a process to communicate with their adult
enrollees on an annual basis regarding the importance and value

of early detection and proactive management of cardiovascular
disease. Nothing in this Section affects any change in the
terms, conditions, or benefits of the policies and plans, nor
the criteria, standards, and procedures related to the
application for, enrollment in, or renewal of coverage or
conditions of participation of enrollees in the health plans or
policies subject to this Code.
(Source: P.A. 97-282, eff. 8-9-11.)
(215 ILCS 5/356z.20)
Sec. 356z.20 356z.19. Cancer drug parity.
(a) As used in this Section:
"Financial requirement" means deductibles, copayments,
coinsurance, out-of-pocket expenses, aggregate lifetime
limits, and annual limits.
"Treatment limitation" means limits on the frequency of
treatment, days of coverage, or other similar limits on the
scope or duration of treatment.
(b) On and after the effective date of this amendatory Act
of the 97th General Assembly, every insurer that amends,
delivers, issues, or renews an individual or group policy of
accident and health insurance amended, delivered, issued, or
renewed on or after the effective date of this amendatory Act
of the 97th General Assembly that provides coverage for
prescribed orally-administered cancer medications and
intravenously administered or injected cancer medications

shall ensure that:
(1) the financial requirements applicable to such
prescribed orally-administered cancer medications are no
more restrictive than the financial requirements applied
to intravenously administered or injected cancer
medications that are covered by the policy and that there
are no separate cost-sharing requirements that are
applicable only with respect to such prescribed
orally-administered cancer medications; and
(2) the treatment limitations applicable to such
prescribed orally-administered cancer medications are no
more restrictive than the treatment limitations applied to
intravenously administered or injected cancer medications
that are covered by the policy and that there are no
separate treatment limitations that are applicable only
with respect to such prescribed orally-administered cancer
medications.
(c) An insurer cannot achieve compliance with this Section
by increasing financial requirements or imposing more
restrictive treatment limitations on prescribed
orally-administered cancer medications or intravenously
administered or injected cancer medications covered under the
policy on the effective date of this amendatory Act of the 97th
General Assembly.
(Source: P.A. 97-198, eff. 1-1-12; revised 10-13-11.)

(215 ILCS 5/356z.21)
Sec. 356z.21 356z.19. Tobacco use cessation programs;
coverage offer.
(a) Tobacco use is the number one cause of preventable
disease and death in Illinois, costing $4.1 billion annually in
direct health care costs and an additional $4.35 billion in
lost productivity. In Illinois, the smoking rates are highest
among African Americans (25.8%). Smoking rates among lesbian,
gay, and bisexual adults range from 25% to 44%. The U.S. Public
Health Service Clinical Practice Guideline 2008 Update found
that tobacco dependence treatments are both clinically
effective and highly cost effective. A study in the Journal of
Preventive Medicine concluded that comprehensive smoking
cessation treatment is one of the 3 most important and cost
effective preventive services that can be provided in medical
practice. Greater efforts are needed to achieve more of this
potential value by increasing current low levels of
performance.
(b) In this Section, "tobacco use cessation program" means
a program recommended by a physician that follows
evidence-based treatment, such as is outlined in the United
States Public Health Service guidelines for tobacco use
cessation. "Tobacco use cessation program" includes education
and medical treatment components designed to assist a person in
ceasing the use of tobacco products. "Tobacco use cessation
program" includes education and counseling by physicians or

associated medical personnel and all FDA approved medications
for the treatment of tobacco dependence irrespective of whether
they are available only over the counter, only by prescription,
or both over the counter and by prescription.
(c) On or after the effective date of this amendatory Act
of the 97th General Assembly, every insurer that amends,
delivers, issues, or renews group accident and health policies
providing coverage for hospital or medical treatment or
services on an expense-incurred basis shall offer, for an
additional premium and subject to the insurer's standard of
insurability, optional coverage or optional reimbursement of
up to $500 annually for a tobacco use cessation program for a
person enrolled in the plan who is 18 years of age or older.
(d) 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.
(e) For the coverage provided under this Section, an
insurer may not penalize or reduce or limit the reimbursement
of an attending provider or provide incentives, monetary or
otherwise, to an attending provider to induce the provider to
provide care to an insured in a manner inconsistent with the

coverage under this Section.
(Source: P.A. 97-592, eff. 1-1-12; revised 10-13-11.)
(215 ILCS 5/364.01)
Sec. 364.01. Qualified clinical cancer trials.
(a) No individual or group policy of accident and health
insurance issued or renewed in this State may be cancelled or
non-renewed for any individual based on that individual's
participation in a qualified clinical cancer trial.
(b) Qualified clinical cancer trials must meet the
following criteria:
(1) the effectiveness of the treatment has not been
determined relative to established therapies;
(2) the trial is under clinical investigation as part
of an approved cancer research trial in Phase II, Phase
III, or Phase IV of investigation;
(3) the trial is:
(A) approved by the Food and Drug Administration;
or
(B) approved and funded by the National Institutes
of Health, the Centers for Disease Control and
Prevention, the Agency for Healthcare Research and
Quality, the United States Department of Defense, the
United States Department of Veterans Affairs, or the
United States Department of Energy in the form of an
investigational new drug application, or a cooperative

group or center of any entity described in this
subdivision (B); and
(4) the patient's primary care physician, if any, is
involved in the coordination of care.
(c) No group policy of accident and health insurance shall
exclude coverage for any routine patient care administered to
an insured who is a qualified individual participating in a
qualified clinical cancer trial, if the policy covers that same
routine patient care of insureds not enrolled in a qualified
clinical cancer trial.
(d) The coverage that may not be excluded under subsection
(c) of this Section is subject to all terms, conditions,
restrictions, exclusions, and limitations that apply to the
same routine patient care received by an insured not enrolled
in a qualified clinical cancer trial, including the application
of any authorization requirement, utilization review, or
medical management practices. The insured or enrollee shall
incur no greater out-of-pocket liability than had the insured
or enrollee not enrolled in a qualified clinical cancer trial.
(e) If the group policy of accident and health insurance
uses a preferred provider program and a preferred provider
provides routine patient care in connection with a qualified
clinical cancer trial, then the insurer may require the insured
to use the preferred provider if the preferred provider agrees
to provide to the insured that routine patient care.
(f) A qualified clinical cancer trial may not pay or refuse

to pay for routine patient care of an individual participating
in the trial, based in whole or in part on the person's having
or not having coverage for routine patient care under a group
policy of accident and health insurance.
(g) Nothing in this Section shall be construed to limit an
insurer's coverage with respect to clinical trials.
(h) Nothing in this Section shall require coverage for
out-of-network services where the underlying health benefit
plan does not provide coverage for out-of-network services.
(i) As used in this Section, "routine patient care" means
all health care services provided in the qualified clinical
cancer trial that are otherwise generally covered under the
policy if those items or services were not provided in
connection with a qualified clinical cancer trial consistent
with the standard of care for the treatment of cancer,
including the type and frequency of any diagnostic modality,
that a provider typically provides to a cancer patient who is
not enrolled in a qualified clinical cancer trial. "Routine
patient care" does not include, and a group policy of accident
and health insurance may exclude, coverage for:
(1) a health care service, item, or drug that is the
subject of the cancer clinical trial;
(2) a health care service, item, or drug provided
solely to satisfy data collection and analysis needs for
the qualified clinical cancer trial that is not used in the
direct clinical management of the patient;

(3) an investigational drug or device that has not been
approved for market by the United States Food and Drug
Administration;
(4) transportation, lodging, food, or other expenses
for the patient or a family member or companion of the
patient that are associated with the travel to or from a
facility providing the qualified clinical cancer trial,
unless the policy covers these expenses for a cancer
patient who is not enrolled in a qualified clinical cancer
trial;
(5) a health care service, item, or drug customarily
provided by the qualified clinical cancer trial sponsors
free of charge for any patient;
(6) a health care service or item, which except for the
fact that it is being provided in a qualified clinical
cancer trial, is otherwise specifically excluded from
coverage under the insured's policy, including:
(A) costs of extra treatments, services,
procedures, tests, or drugs that would not be performed
or administered except for the fact that the insured is
participating in the cancer clinical trial; and
(B) costs of nonhealth care services that the
patient is required to receive as a result of
participation in the approved cancer clinical trial;
(7) costs for services, items, or drugs that are
eligible for reimbursement from a source other than a

patient's contract or policy providing for third-party
payment or prepayment of health or medical expenses,
including the sponsor of the approved cancer clinical
trial; or
(8) costs associated with approved cancer clinical
trials designed exclusively to test toxicity or disease
pathophysiology, unless the policy covers these expenses
for a cancer patient who is not enrolled in a qualified
clinical cancer trial; or
(9) a health care service or item that is eligible for
reimbursement by a source other than the insured's policy,
including the sponsor of the qualified clinical cancer
trial.
The definitions of the terms "health care services",
"Non-Preferred Provider", "Preferred Provider", and "Preferred
Provider Program", stated in 50 IL Adm. Code Part 2051
Preferred Provider Programs apply to these terms in this
Section.
(j) The external review procedures established under the
Health Carrier External Review Act shall apply to the
provisions under this Section.
(Source: P.A. 97-91, eff. 1-1-12; revised 11-18-11.)
(215 ILCS 5/368a)
Sec. 368a. Timely payment for health care services.
(a) This Section applies to insurers, health maintenance

organizations, managed care plans, health care plans,
preferred provider organizations, third party administrators,
independent practice associations, and physician-hospital
organizations (hereinafter referred to as "payors") that
provide periodic payments, which are payments not requiring a
claim, bill, capitation encounter data, or capitation
reconciliation reports, such as prospective capitation
payments, to health care professionals and health care
facilities to provide medical or health care services for
insureds or enrollees.
(1) A payor shall make periodic payments in accordance
with item (3). Failure to make periodic payments within the
period of time specified in item (3) shall entitle the
health care professional or health care facility to
interest at the rate of 9% per year from the date payment
was required to be made to the date of the late payment,
provided that interest amounting to less than $1 need not
be paid. Any required interest payments shall be made
within 30 days after the payment.
(2) When a payor requires selection of a health care
professional or health care facility, the selection shall
be completed by the insured or enrollee no later than 30
days after enrollment. The payor shall provide written
notice of this requirement to all insureds and enrollees.
Nothing in this Section shall be construed to require a
payor to select a health care professional or health care

facility for an insured or enrollee.
(3) A payor shall provide the health care professional
or health care facility with notice of the selection as a
health care professional or health care facility by an
insured or enrollee and the effective date of the selection
within 60 calendar days after the selection. No later than
the 60th day following the date an insured or enrollee has
selected a health care professional or health care facility
or the date that selection becomes effective, whichever is
later, or in cases of retrospective enrollment only, 30
days after notice by an employer to the payor of the
selection, a payor shall begin periodic payment of the
required amounts to the insured's or enrollee's health care
professional or health care facility, or the designee of
either, calculated from the date of selection or the date
the selection becomes effective, whichever is later. All
subsequent payments shall be made in accordance with a
monthly periodic cycle.
(b) Notwithstanding any other provision of this Section,
independent practice associations and physician-hospital
organizations shall make periodic payment of the required
amounts in accordance with a monthly periodic schedule after an
insured or enrollee has selected a health care professional or
health care facility or after that selection becomes effective,
whichever is later.
Notwithstanding any other provision of this Section,

independent practice associations and physician-hospital
organizations shall make all other payments for health services
within 30 days after receipt of due proof of loss. Independent
practice associations and physician-hospital organizations
shall notify the insured, insured's assignee, health care
professional, or health care facility of any failure to provide
sufficient documentation for a due proof of loss within 30 days
after receipt of the claim for health services.
Failure to pay within the required time period shall
entitle the payee to interest at the rate of 9% per year from
the date the payment is due to the date of the late payment,
provided that interest amounting to less than that $1 need not
be paid. Any required interest payments shall be made within 30
days after the payment.
(c) All insurers, health maintenance organizations,
managed care plans, health care plans, preferred provider
organizations, and third party administrators shall ensure
that all claims and indemnities concerning health care services
other than for any periodic payment shall be paid within 30
days after receipt of due written proof of such loss. An
insured, insured's assignee, health care professional, or
health care facility shall be notified of any known failure to
provide sufficient documentation for a due proof of loss within
30 days after receipt of the claim for health care services.
Failure to pay within such period shall entitle the payee to
interest at the rate of 9% per year from the 30th day after

receipt of such proof of loss to the date of late payment,
provided that interest amounting to less than one dollar need
not be paid. Any required interest payments shall be made
within 30 days after the payment.
(d) The Department shall enforce the provisions of this
Section pursuant to the enforcement powers granted to it by
law.
(e) The Department is hereby granted specific authority to
issue a cease and desist order, fine, or otherwise penalize
independent practice associations and physician-hospital
organizations that violate this Section. The Department shall
adopt reasonable rules to enforce compliance with this Section
by independent practice associations and physician-hospital
organizations.
(Source: P.A. 91-605, eff. 12-14-99; 91-788, eff. 6-9-00;
92-745, eff. 1-1-03; revised 11-18-11.)
(215 ILCS 5/408) (from Ch. 73, par. 1020)
Sec. 408. Fees and charges.
(1) The Director shall charge, collect and give proper
acquittances for the payment of the following fees and charges:
(a) For filing all documents submitted for the
incorporation or organization or certification of a
domestic company, except for a fraternal benefit society,
$2,000.
(b) For filing all documents submitted for the

incorporation or organization of a fraternal benefit
society, $500.
(c) For filing amendments to articles of incorporation
and amendments to declaration of organization, except for a
fraternal benefit society, a mutual benefit association, a
burial society or a farm mutual, $200.
(d) For filing amendments to articles of incorporation
of a fraternal benefit society, a mutual benefit
association or a burial society, $100.
(e) For filing amendments to articles of incorporation
of a farm mutual, $50.
(f) For filing bylaws or amendments thereto, $50.
(g) For filing agreement of merger or consolidation:
(i) for a domestic company, except for a fraternal
benefit society, a mutual benefit association, a
burial society, or a farm mutual, $2,000.
(ii) for a foreign or alien company, except for a
fraternal benefit society, $600.
(iii) for a fraternal benefit society, a mutual
benefit association, a burial society, or a farm
mutual, $200.
(h) For filing agreements of reinsurance by a domestic
company, $200.
(i) For filing all documents submitted by a foreign or
alien company to be admitted to transact business or
accredited as a reinsurer in this State, except for a

fraternal benefit society, $5,000.
(j) For filing all documents submitted by a foreign or
alien fraternal benefit society to be admitted to transact
business in this State, $500.
(k) For filing declaration of withdrawal of a foreign
or alien company, $50.
(l) For filing annual statement by a domestic company,
except a fraternal benefit society, a mutual benefit
association, a burial society, or a farm mutual, $200.
(m) For filing annual statement by a domestic fraternal
benefit society, $100.
(n) For filing annual statement by a farm mutual, a
mutual benefit association, or a burial society, $50.
(o) For issuing a certificate of authority or renewal
thereof except to a foreign fraternal benefit society,
$400.
(p) For issuing a certificate of authority or renewal
thereof to a foreign fraternal benefit society, $200.
(q) For issuing an amended certificate of authority,
$50.
(r) For each certified copy of certificate of
authority, $20.
(s) For each certificate of deposit, or valuation, or
compliance or surety certificate, $20.
(t) For copies of papers or records per page, $1.
(u) For each certification to copies of papers or

records, $10.
(v) For multiple copies of documents or certificates
listed in subparagraphs (r), (s), and (u) of paragraph (1)
of this Section, $10 for the first copy of a certificate of
any type and $5 for each additional copy of the same
certificate requested at the same time, unless, pursuant to
paragraph (2) of this Section, the Director finds these
additional fees excessive.
(w) For issuing a permit to sell shares or increase
paid-up capital:
(i) in connection with a public stock offering,
$300;
(ii) in any other case, $100.
(x) For issuing any other certificate required or
permissible under the law, $50.
(y) For filing a plan of exchange of the stock of a
domestic stock insurance company, a plan of
demutualization of a domestic mutual company, or a plan of
reorganization under Article XII, $2,000.
(z) For filing a statement of acquisition of a domestic
company as defined in Section 131.4 of this Code, $2,000.
(aa) For filing an agreement to purchase the business
of an organization authorized under the Dental Service Plan
Act or the Voluntary Health Services Plans Act or of a
health maintenance organization or a limited health
service organization, $2,000.

(bb) For filing a statement of acquisition of a foreign
or alien insurance company as defined in Section 131.12a of
this Code, $1,000.
(cc) For filing a registration statement as required in
Sections 131.13 and 131.14, the notification as required by
Sections 131.16, 131.20a, or 141.4, or an agreement or
transaction required by Sections 124.2(2), 141, 141a, or
141.1, $200.
(dd) For filing an application for licensing of:
(i) a religious or charitable risk pooling trust or
a workers' compensation pool, $1,000;
(ii) a workers' compensation service company,
$500;
(iii) a self-insured automobile fleet, $200; or
(iv) a renewal of or amendment of any license
issued pursuant to (i), (ii), or (iii) above, $100.
(ee) For filing articles of incorporation for a
syndicate to engage in the business of insurance through
the Illinois Insurance Exchange, $2,000.
(ff) For filing amended articles of incorporation for a
syndicate engaged in the business of insurance through the
Illinois Insurance Exchange, $100.
(gg) For filing articles of incorporation for a limited
syndicate to join with other subscribers or limited
syndicates to do business through the Illinois Insurance
Exchange, $1,000.

(hh) For filing amended articles of incorporation for a
limited syndicate to do business through the Illinois
Insurance Exchange, $100.
(ii) For a permit to solicit subscriptions to a
syndicate or limited syndicate, $100.
(jj) For the filing of each form as required in Section
143 of this Code, $50 per form. The fee for advisory and
rating organizations shall be $200 per form.
(i) For the purposes of the form filing fee,
filings made on insert page basis will be considered
one form at the time of its original submission.
Changes made to a form subsequent to its approval shall
be considered a new filing.
(ii) Only one fee shall be charged for a form,
regardless of the number of other forms or policies
with which it will be used.
(iii) Fees charged for a policy filed as it will be
issued regardless of the number of forms comprising
that policy shall not exceed $1,500. For advisory or
rating organizations, fees charged for a policy filed
as it will be issued regardless of the number of forms
comprising that policy shall not exceed $2,500.
(iv) The Director may by rule exempt forms from
such fees.
(kk) For filing an application for licensing of a
reinsurance intermediary, $500.

(ll) For filing an application for renewal of a license
of a reinsurance intermediary, $200.
(2) When printed copies or numerous copies of the same
paper or records are furnished or certified, the Director may
reduce such fees for copies if he finds them excessive. He may,
when he considers it in the public interest, furnish without
charge to state insurance departments and persons other than
companies, copies or certified copies of reports of
examinations and of other papers and records.
(3) The expenses incurred in any performance examination
authorized by law shall be paid by the company or person being
examined. The charge shall be reasonably related to the cost of
the examination including but not limited to compensation of
examiners, electronic data processing costs, supervision and
preparation of an examination report and lodging and travel
expenses. All lodging and travel expenses shall be in accord
with the applicable travel regulations as published by the
Department of Central Management Services and approved by the
Governor's Travel Control Board, except that out-of-state
lodging and travel expenses related to examinations authorized
under Section 132 shall be in accordance with travel rates
prescribed under paragraph 301-7.2 of the Federal Travel
Regulations, 41 C.F.R. 301-7.2, for reimbursement of
subsistence expenses incurred during official travel. All
lodging and travel expenses may be reimbursed directly upon
authorization of the Director. With the exception of the direct

reimbursements authorized by the Director, all performance
examination charges collected by the Department shall be paid
to the Insurance Producers Administration Fund, however, the
electronic data processing costs incurred by the Department in
the performance of any examination shall be billed directly to
the company being examined for payment to the Statistical
Services Revolving Fund.
(4) At the time of any service of process on the Director
as attorney for such service, the Director shall charge and
collect the sum of $20, which may be recovered as taxable costs
by the party to the suit or action causing such service to be
made if he prevails in such suit or action.
(5) (a) The costs incurred by the Department of Insurance
in conducting any hearing authorized by law shall be assessed
against the parties to the hearing in such proportion as the
Director of Insurance may determine upon consideration of all
relevant circumstances including: (1) the nature of the
hearing; (2) whether the hearing was instigated by, or for the
benefit of a particular party or parties; (3) whether there is
a successful party on the merits of the proceeding; and (4) the
relative levels of participation by the parties.
(b) For purposes of this subsection (5) costs incurred
shall mean the hearing officer fees, court reporter fees, and
travel expenses of Department of Insurance officers and
employees; provided however, that costs incurred shall not
include hearing officer fees or court reporter fees unless the

Department has retained the services of independent
contractors or outside experts to perform such functions.
(c) The Director shall make the assessment of costs
incurred as part of the final order or decision arising out of
the proceeding; provided, however, that such order or decision
shall include findings and conclusions in support of the
assessment of costs. This subsection (5) shall not be construed
as permitting the payment of travel expenses unless calculated
in accordance with the applicable travel regulations of the
Department of Central Management Services, as approved by the
Governor's Travel Control Board. The Director as part of such
order or decision shall require all assessments for hearing
officer fees and court reporter fees, if any, to be paid
directly to the hearing officer or court reporter by the
party(s) assessed for such costs. The assessments for travel
expenses of Department officers and employees shall be
reimbursable to the Director of Insurance for deposit to the
fund out of which those expenses had been paid.
(d) The provisions of this subsection (5) shall apply in
the case of any hearing conducted by the Director of Insurance
not otherwise specifically provided for by law.
(6) The Director shall charge and collect an annual
financial regulation fee from every domestic company for
examination and analysis of its financial condition and to fund
the internal costs and expenses of the Interstate Insurance
Receivership Commission as may be allocated to the State of

Illinois and companies doing an insurance business in this
State pursuant to Article X of the Interstate Insurance
Receivership Compact. The fee shall be the greater fixed amount
based upon the combination of nationwide direct premium income
and nationwide reinsurance assumed premium income or upon
admitted assets calculated under this subsection as follows:
(a) Combination of nationwide direct premium income
and nationwide reinsurance assumed premium.
(i) $150, if the premium is less than $500,000 and
there is no reinsurance assumed premium;
(ii) $750, if the premium is $500,000 or more, but
less than $5,000,000 and there is no reinsurance
assumed premium; or if the premium is less than
$5,000,000 and the reinsurance assumed premium is less
than $10,000,000;
(iii) $3,750, if the premium is less than
$5,000,000 and the reinsurance assumed premium is
$10,000,000 or more;
(iv) $7,500, if the premium is $5,000,000 or more,
but less than $10,000,000;
(v) $18,000, if the premium is $10,000,000 or more,
but less than $25,000,000;
(vi) $22,500, if the premium is $25,000,000 or
more, but less than $50,000,000;
(vii) $30,000, if the premium is $50,000,000 or
more, but less than $100,000,000;

(viii) $37,500, if the premium is $100,000,000 or
more.
(b) Admitted assets.
(i) $150, if admitted assets are less than
$1,000,000;
(ii) $750, if admitted assets are $1,000,000 or
more, but less than $5,000,000;
(iii) $3,750, if admitted assets are $5,000,000 or
more, but less than $25,000,000;
(iv) $7,500, if admitted assets are $25,000,000 or
more, but less than $50,000,000;
(v) $18,000, if admitted assets are $50,000,000 or
more, but less than $100,000,000;
(vi) $22,500, if admitted assets are $100,000,000
or more, but less than $500,000,000;
(vii) $30,000, if admitted assets are $500,000,000
or more, but less than $1,000,000,000;
(viii) $37,500, if admitted assets are
$1,000,000,000 or more.
(c) The sum of financial regulation fees charged to the
domestic companies of the same affiliated group shall not
exceed $250,000 in the aggregate in any single year and
shall be billed by the Director to the member company
designated by the group.
(7) The Director shall charge and collect an annual
financial regulation fee from every foreign or alien company,

except fraternal benefit societies, for the examination and
analysis of its financial condition and to fund the internal
costs and expenses of the Interstate Insurance Receivership
Commission as may be allocated to the State of Illinois and
companies doing an insurance business in this State pursuant to
Article X of the Interstate Insurance Receivership Compact. The
fee shall be a fixed amount based upon Illinois direct premium
income and nationwide reinsurance assumed premium income in
accordance with the following schedule:
(a) $150, if the premium is less than $500,000 and
there is no reinsurance assumed premium;
(b) $750, if the premium is $500,000 or more, but less
than $5,000,000 and there is no reinsurance assumed
premium; or if the premium is less than $5,000,000 and the
reinsurance assumed premium is less than $10,000,000;
(c) $3,750, if the premium is less than $5,000,000 and
the reinsurance assumed premium is $10,000,000 or more;
(d) $7,500, if the premium is $5,000,000 or more, but
less than $10,000,000;
(e) $18,000, if the premium is $10,000,000 or more, but
less than $25,000,000;
(f) $22,500, if the premium is $25,000,000 or more, but
less than $50,000,000;
(g) $30,000, if the premium is $50,000,000 or more, but
less than $100,000,000;
(h) $37,500, if the premium is $100,000,000 or more.

The sum of financial regulation fees under this subsection
(7) charged to the foreign or alien companies within the same
affiliated group shall not exceed $250,000 in the aggregate in
any single year and shall be billed by the Director to the
member company designated by the group.
(8) Beginning January 1, 1992, the financial regulation
fees imposed under subsections (6) and (7) of this Section
shall be paid by each company or domestic affiliated group
annually. After January 1, 1994, the fee shall be billed by
Department invoice based upon the company's premium income or
admitted assets as shown in its annual statement for the
preceding calendar year. The invoice is due upon receipt and
must be paid no later than June 30 of each calendar year. All
financial regulation fees collected by the Department shall be
paid to the Insurance Financial Regulation Fund. The Department
may not collect financial examiner per diem charges from
companies subject to subsections (6) and (7) of this Section
undergoing financial examination after June 30, 1992.
(9) In addition to the financial regulation fee required by
this Section, a company undergoing any financial examination
authorized by law shall pay the following costs and expenses
incurred by the Department: electronic data processing costs,
the expenses authorized under Section 131.21 and subsection (d)
of Section 132.4 of this Code, and lodging and travel expenses.
Electronic data processing costs incurred by the
Department in the performance of any examination shall be

billed directly to the company undergoing examination for
payment to the Statistical Services Revolving Fund. Except for
direct reimbursements authorized by the Director or direct
payments made under Section 131.21 or subsection (d) of Section
132.4 of this Code, all financial regulation fees and all
financial examination charges collected by the Department
shall be paid to the Insurance Financial Regulation Fund.
All lodging and travel expenses shall be in accordance with
applicable travel regulations published by the Department of
Central Management Services and approved by the Governor's
Travel Control Board, except that out-of-state lodging and
travel expenses related to examinations authorized under
Sections 132.1 through 132.7 shall be in accordance with travel
rates prescribed under paragraph 301-7.2 of the Federal Travel
Regulations, 41 C.F.R. 301-7.2, for reimbursement of
subsistence expenses incurred during official travel. All
lodging and travel expenses may be reimbursed directly upon the
authorization of the Director.
In the case of an organization or person not subject to the
financial regulation fee, the expenses incurred in any
financial examination authorized by law shall be paid by the
organization or person being examined. The charge shall be
reasonably related to the cost of the examination including,
but not limited to, compensation of examiners and other costs
described in this subsection.
(10) Any company, person, or entity failing to make any

payment of $150 or more as required under this Section shall be
subject to the penalty and interest provisions provided for in
subsections (4) and (7) of Section 412.
(11) Unless otherwise specified, all of the fees collected
under this Section shall be paid into the Insurance Financial
Regulation Fund.
(12) For purposes of this Section:
(a) "Domestic company" means a company as defined in
Section 2 of this Code which is incorporated or organized
under the laws of this State, and in addition includes a
not-for-profit corporation authorized under the Dental
Service Plan Act or the Voluntary Health Services Plans
Act, a health maintenance organization, and a limited
health service organization.
(b) "Foreign company" means a company as defined in
Section 2 of this Code which is incorporated or organized
under the laws of any state of the United States other than
this State and in addition includes a health maintenance
organization and a limited health service organization
which is incorporated or organized under the laws of any
state of the United States other than this State.
(c) "Alien company" means a company as defined in
Section 2 of this Code which is incorporated or organized
under the laws of any country other than the United States.
(d) "Fraternal benefit society" means a corporation,
society, order, lodge or voluntary association as defined

in Section 282.1 of this Code.
(e) "Mutual benefit association" means a company,
association or corporation authorized by the Director to do
business in this State under the provisions of Article
XVIII of this Code.
(f) "Burial society" means a person, firm,
corporation, society or association of individuals
authorized by the Director to do business in this State
under the provisions of Article XIX of this Code.
(g) "Farm mutual" means a district, county and township
mutual insurance company authorized by the Director to do
business in this State under the provisions of the Farm
Mutual Insurance Company Act of 1986.
(Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11;
revised 11-1-11.)
(215 ILCS 5/409) (from Ch. 73, par. 1021)
Sec. 409. Annual privilege tax payable by companies.
(1) As of January 1, 1999 for all health maintenance
organization premiums written; as of July 1, 1998 for all
premiums written as accident and health business, voluntary
health service plan business, dental service plan business, or
limited health service organization business; and as of January
1, 1998 for all other types of insurance premiums written,
every company doing any form of insurance business in this
State, including, but not limited to, every risk retention

group, and excluding all fraternal benefit societies, all farm
mutual companies, all religious charitable risk pooling
trusts, and excluding all statutory residual market and special
purpose entities in which companies are statutorily required to
participate, whether incorporated or otherwise, shall pay, for
the privilege of doing business in this State, to the Director
for the State treasury a State tax equal to 0.5% of the net
taxable premium written, together with any amounts due under
Section 444 of this Code, except that the tax to be paid on any
premium derived from any accident and health insurance or on
any insurance business written by any company operating as a
health maintenance organization, voluntary health service
plan, dental service plan, or limited health service
organization shall be equal to 0.4% of such net taxable premium
written, together with any amounts due under Section 444. Upon
the failure of any company to pay any such tax due, the
Director may, by order, revoke or suspend the company's
certificate of authority after giving 20 days written notice to
the company, or commence proceedings for the suspension of
business in this State under the procedures set forth by
Section 401.1 of this Code. The gross taxable premium written
shall be the gross amount of premiums received on direct
business during the calendar year on contracts covering risks
in this State, except premiums on annuities, premiums on which
State premium taxes are prohibited by federal law, premiums
paid by the State for health care coverage for Medicaid

eligible insureds as described in Section 5-2 of the Illinois
Public Aid Code, premiums paid for health care services
included as an element of tuition charges at any university or
college owned and operated by the State of Illinois, premiums
on group insurance contracts under the State Employees Group
Insurance Act of 1971, and except premiums for deferred
compensation plans for employees of the State, units of local
government, or school districts. The net taxable premium shall
be the gross taxable premium written reduced only by the
following:
(a) the amount of premiums returned thereon which shall
be limited to premiums returned during the same preceding
calendar year and shall not include the return of cash
surrender values or death benefits on life policies
including annuities;
(b) dividends on such direct business that have been
paid in cash, applied in reduction of premiums or left to
accumulate to the credit of policyholders or annuitants. In
the case of life insurance, no deduction shall be made for
the payment of deferred dividends paid in cash to
policyholders on maturing policies; dividends left to
accumulate to the credit of policyholders or annuitants
shall be included as gross taxable premium written when
such dividend accumulations are applied to purchase
paid-up insurance or to shorten the endowment or premium
paying period.

(2) The annual privilege tax payment due from a company
under subsection (4) of this Section may be reduced by: (a) the
excess amount, if any, by which the aggregate income taxes paid
by the company, on a cash basis, for the preceding calendar
year under subsections (a) through (d) of Section 201 of the
Illinois Income Tax Act exceed 1.5% of the company's net
taxable premium written for that prior calendar year, as
determined under subsection (1) of this Section; and (b) the
amount of any fire department taxes paid by the company during
the preceding calendar year under Section 11-10-1 of the
Illinois Municipal Code. Any deductible amount or offset
allowed under items (a) and (b) of this subsection for any
calendar year will not be allowed as a deduction or offset
against the company's privilege tax liability for any other
taxing period or calendar year.
(3) If a company survives or was formed by a merger,
consolidation, reorganization, or reincorporation, the
premiums received and amounts returned or paid by all companies
party to the merger, consolidation, reorganization, or
reincorporation shall, for purposes of determining the amount
of the tax imposed by this Section, be regarded as received,
returned, or paid by the surviving or new company.
(4)(a) All companies subject to the provisions of this
Section shall make an annual return for the preceding calendar
year on or before March 15 setting forth such information on
such forms as the Director may reasonably require. Payments of

quarterly installments of the taxpayer's total estimated tax
for the current calendar year shall be due on or before April
15, June 15, September 15, and December 15 of such year, except
that all companies transacting insurance in this State whose
annual tax for the immediately preceding calendar year was less
than $5,000 shall make only an annual return. Failure of a
company to make the annual payment, or to make the quarterly
payments, if required, of at least 25% of either (i) the total
tax paid during the previous calendar year or (ii) 80% of the
actual tax for the current calendar year shall subject it to
the penalty provisions set forth in Section 412 of this Code.
(b) Notwithstanding the foregoing provisions, no annual
return shall be required or made on March 15, 1998, under this
subsection. For the calendar year 1998:
(i) each health maintenance organization shall have no
estimated tax installments;
(ii) all companies subject to the tax as of July 1,
1998 as set forth in subsection (1) shall have estimated
tax installments due on September 15 and December 15 of
1998 which installments shall each amount to no less than
one-half of 80% of the actual tax on its net taxable
premium written during the period July 1, 1998, through
December 31, 1998; and
(iii) all other companies shall have estimated tax
installments due on June 15, September 15, and December 15
of 1998 which installments shall each amount to no less

than one-third of 80% of the actual tax on its net taxable
premium written during the calendar year 1998.
In the year 1999 and thereafter all companies shall make
annual and quarterly installments of their estimated tax as
provided by paragraph (a) of this subsection.
(5) In addition to the authority specifically granted under
Article XXV of this Code, the Director shall have such
authority to adopt rules and establish forms as may be
reasonably necessary for purposes of determining the
allocation of Illinois corporate income taxes paid under
subsections (a) through (d) of Section 201 of the Illinois
Income Tax Act amongst members of a business group that files
an Illinois corporate income tax return on a unitary basis, for
purposes of regulating the amendment of tax returns, for
purposes of defining terms, and for purposes of enforcing the
provisions of Article XXV of this Code. The Director shall also
have authority to defer, waive, or abate the tax imposed by
this Section if in his opinion the company's solvency and
ability to meet its insured obligations would be immediately
threatened by payment of the tax due.
(6) (c) This Section is subject to the provisions of
Section 10 of the New Markets Development Program Act.
(Source: P.A. 95-1024, eff. 12-31-08; revised 11-18-11.)
(215 ILCS 5/1540)
Sec. 1540. Nonresident license reciprocity.

(a) Unless denied licensure pursuant to Section 1555 of
this Article, a nonresident person shall receive a nonresident
public adjuster license if:
(1) the person is currently licensed as a resident
public adjuster and in good standing in his or her home
state;
(2) the person has submitted the proper request for
licensure and has provided proof of financial
responsibility as required in Section 1560 of this Article;
(3) the person has submitted or transmitted to the
Director the appropriate completed application for
licensure; and
(4) the person's home state awards nonresident public
adjuster licenses to residents of this State on the same
basis.
(b) The Director may verify the public adjuster's licensing
status through the producer database maintained by the NAIC,
its affiliates, or subsidiaries.
(c) As a condition to continuation of a public adjuster
license issued under this Section, the licensee shall maintain
a resident public adjuster license in his or her home state.
The nonresident public adjuster license issued under this
Section shall terminate and be surrendered immediately to the
Director if the home state public adjuster license terminates
for any reason, unless the public adjuster has been issued a
license as a resident public adjuster in his or her new home

state. Notification to the state or states where the
nonresident license is issued must be made as soon as possible,
yet no later than that 30 days of change in new state resident
license. The licensee shall include his or her new and old
address on the notification. A new state resident license is
required for nonresident licenses to remain valid. The new
state resident license must have reciprocity with the licensing
nonresident state or states for the nonresident license not to
terminate.
(Source: P.A. 96-1332, eff. 1-1-11; revised 11-18-11.)
Section 355. The Comprehensive Health Insurance Plan Act is
amended by changing Section 8 as follows:
(215 ILCS 105/8) (from Ch. 73, par. 1308)
Sec. 8. Minimum benefits.
a. Availability. The Plan shall offer in a periodically
renewable policy major medical expense coverage to every
eligible person who is not eligible for Medicare. Major medical
expense coverage offered by the Plan shall pay an eligible
person's covered expenses, subject to limit on the deductible
and coinsurance payments authorized under paragraph (4) of
subsection d of this Section, up to a lifetime benefit limit of
$5,000,000. The maximum limit under this subsection shall not
be altered by the Board, and no actuarial equivalent benefit
may be substituted by the Board. Any person who otherwise would

qualify for coverage under the Plan, but is excluded because he
or she is eligible for Medicare, shall be eligible for any
separate Medicare supplement policy or policies which the Board
may offer.
b. Outline of benefits. Covered expenses shall be limited
to the usual and customary charge, including negotiated fees,
in the locality for the following services and articles when
prescribed by a physician and determined by the Plan to be
medically necessary for the following areas of services,
subject to such separate deductibles, co-payments, exclusions,
and other limitations on benefits as the Board shall establish
and approve, and the other provisions of this Section:
(1) Hospital services, except that any services
provided by a hospital that is located more than 75 miles
outside the State of Illinois shall be covered only for a
maximum of 45 days in any calendar year. With respect to
covered expenses incurred during any calendar year ending
on or after December 31, 1999, inpatient hospitalization of
an eligible person for the treatment of mental illness at a
hospital located within the State of Illinois shall be
subject to the same terms and conditions as for any other
illness.
(2) Professional services for the diagnosis or
treatment of injuries, illnesses or conditions, other than
dental and mental and nervous disorders as described in
paragraph (17), which are rendered by a physician, or by

other licensed professionals at the physician's direction.
This includes reconstruction of the breast on which a
mastectomy was performed; surgery and reconstruction of
the other breast to produce a symmetrical appearance; and
prostheses and treatment of physical complications at all
stages of the mastectomy, including lymphedemas.
(2.5) Professional services provided by a physician to
children under the age of 16 years for physical
examinations and age appropriate immunizations ordered by
a physician licensed to practice medicine in all its
branches.
(3) (Blank).
(4) Outpatient prescription drugs that by law require a
prescription written by a physician licensed to practice
medicine in all its branches subject to such separate
deductible, copayment, and other limitations or
restrictions as the Board shall approve, including the use
of a prescription drug card or any other program, or both.
(5) Skilled nursing services of a licensed skilled
nursing facility for not more than 120 days during a policy
year.
(6) Services of a home health agency in accord with a
home health care plan, up to a maximum of 270 visits per
year.
(7) Services of a licensed hospice for not more than
180 days during a policy year.

(8) Use of radium or other radioactive materials.
(9) Oxygen.
(10) Anesthetics.
(11) Orthoses and prostheses other than dental.
(12) Rental or purchase in accordance with Board
policies or procedures of durable medical equipment, other
than eyeglasses or hearing aids, for which there is no
personal use in the absence of the condition for which it
is prescribed.
(13) Diagnostic x-rays and laboratory tests.
(14) Oral surgery (i) for excision of partially or
completely unerupted impacted teeth when not performed in
connection with the routine extraction or repair of teeth;
(ii) for excision of tumors or cysts of the jaws, cheeks,
lips, tongue, and roof and floor of the mouth; (iii)
required for correction of cleft lip and palate and other
craniofacial and maxillofacial birth defects; or (iv) for
treatment of injuries to natural teeth or a fractured jaw
due to an accident.
(15) Physical, speech, and functional occupational
therapy as medically necessary and provided by appropriate
licensed professionals.
(16) Emergency and other medically necessary
transportation provided by a licensed ambulance service to
the nearest health care facility qualified to treat a
covered illness, injury, or condition, subject to the

provisions of the Emergency Medical Systems (EMS) Act.
(17) Outpatient services for diagnosis and treatment
of mental and nervous disorders provided that a covered
person shall be required to make a copayment not to exceed
50% and that the Plan's payment shall not exceed such
amounts as are established by the Board.
(18) Human organ or tissue transplants specified by the
Board that are performed at a hospital designated by the
Board as a participating transplant center for that
specific organ or tissue transplant.
(19) Naprapathic services, as appropriate, provided by
a licensed naprapathic practitioner.
c. Exclusions. Covered expenses of the Plan shall not
include the following:
(1) Any charge for treatment for cosmetic purposes
other than for reconstructive surgery when the service is
incidental to or follows surgery resulting from injury,
sickness or other diseases of the involved part or surgery
for the repair or treatment of a congenital bodily defect
to restore normal bodily functions.
(2) Any charge for care that is primarily for rest,
custodial, educational, or domiciliary purposes.
(3) Any charge for services in a private room to the
extent it is in excess of the institution's charge for its
most common semiprivate room, unless a private room is
prescribed as medically necessary by a physician.

(4) That part of any charge for room and board or for
services rendered or articles prescribed by a physician,
dentist, or other health care personnel that exceeds the
reasonable and customary charge in the locality or for any
services or supplies not medically necessary for the
diagnosed injury or illness.
(5) Any charge for services or articles the provision
of which is not within the scope of licensure of the
institution or individual providing the services or
articles.
(6) Any expense incurred prior to the effective date of
coverage by the Plan for the person on whose behalf the
expense is incurred.
(7) Dental care, dental surgery, dental treatment, any
other dental procedure involving the teeth or
periodontium, or any dental appliances, including crowns,
bridges, implants, or partial or complete dentures, except
as specifically provided in paragraph (14) of subsection b
of this Section.
(8) Eyeglasses, contact lenses, hearing aids or their
fitting.
(9) Illness or injury due to acts of war.
(10) Services of blood donors and any fee for failure
to replace the first 3 pints of blood provided to a covered
person each policy year.
(11) Personal supplies or services provided by a

hospital or nursing home, or any other nonmedical or
nonprescribed supply or service.
(12) Routine maternity charges for a pregnancy, except
where added as optional coverage with payment of an
additional premium for pregnancy resulting from conception
occurring after the effective date of the optional
coverage.
(13) (Blank).
(14) Any expense or charge for services, drugs, or
supplies that are: (i) not provided in accord with
generally accepted standards of current medical practice;
(ii) for procedures, treatments, equipment, transplants,
or implants, any of which are investigational,
experimental, or for research purposes; (iii)
investigative and not proven safe and effective; or (iv)
for, or resulting from, a gender transformation operation.
(15) Any expense or charge for routine physical
examinations or tests except as provided in item (2.5) of
subsection b of this Section.
(16) Any expense for which a charge is not made in the
absence of insurance or for which there is no legal
obligation on the part of the patient to pay.
(17) Any expense incurred for benefits provided under
the laws of the United States and this State, including
Medicare, Medicaid, and other medical assistance, maternal
and child health services and any other program that is

administered or funded by the Department of Human Services,
Department of Healthcare and Family Services, or
Department of Public Health, military service-connected
disability payments, medical services provided for members
of the armed forces and their dependents or employees of
the armed forces of the United States, and medical services
financed on behalf of all citizens by the United States.
(18) Any expense or charge for in vitro fertilization,
artificial insemination, or any other artificial means
used to cause pregnancy.
(19) Any expense or charge for oral contraceptives used
for birth control or any other temporary birth control
measures.
(20) Any expense or charge for sterilization or
sterilization reversals.
(21) Any expense or charge for weight loss programs,
exercise equipment, or treatment of obesity, except when
certified by a physician as morbid obesity (at least 2
times normal body weight).
(22) Any expense or charge for acupuncture treatment
unless used as an anesthetic agent for a covered surgery.
(23) Any expense or charge for or related to organ or
tissue transplants other than those performed at a hospital
with a Board approved organ transplant program that has
been designated by the Board as a preferred or exclusive
provider organization for that specific organ or tissue

transplant.
(24) Any expense or charge for procedures, treatments,
equipment, or services that are provided in special
settings for research purposes or in a controlled
environment, are being studied for safety, efficiency, and
effectiveness, and are awaiting endorsement by the
appropriate national medical specialty speciality college
for general use within the medical community.
d. Deductibles and coinsurance.
The Plan coverage defined in Section 6 shall provide for a
choice of deductibles per individual as authorized by the
Board. If 2 individual members of the same family household,
who are both covered persons under the Plan, satisfy the same
applicable deductibles, no other member of that family who is
also a covered person under the Plan shall be required to meet
any deductibles for the balance of that calendar year. The
deductibles must be applied first to the authorized amount of
covered expenses incurred by the covered person. A mandatory
coinsurance requirement shall be imposed at the rate authorized
by the Board in excess of the mandatory deductible, the
coinsurance in the aggregate not to exceed such amounts as are
authorized by the Board per annum. At its discretion the Board
may, however, offer catastrophic coverages or other policies
that provide for larger deductibles with or without coinsurance
requirements. The deductibles and coinsurance factors may be
adjusted annually according to the Medical Component of the

Consumer Price Index.
e. Scope of coverage.
(1) In approving any of the benefit plans to be offered
by the Plan, the Board shall establish such benefit levels,
deductibles, coinsurance factors, exclusions, and
limitations as it may deem appropriate and that it believes
to be generally reflective of and commensurate with health
insurance coverage that is provided in the individual
market in this State.
(2) The benefit plans approved by the Board may also
provide for and employ various cost containment measures
and other requirements including, but not limited to,
preadmission certification, prior approval, second
surgical opinions, concurrent utilization review programs,
individual case management, preferred provider
organizations, health maintenance organizations, and other
cost effective arrangements for paying for covered
expenses.
f. Preexisting conditions.
(1) Except for federally eligible individuals
qualifying for Plan coverage under Section 15 of this Act
or eligible persons who qualify for the waiver authorized
in paragraph (3) of this subsection, plan coverage shall
exclude charges or expenses incurred during the first 6
months following the effective date of coverage as to any
condition for which medical advice, care or treatment was

recommended or received during the 6 month period
immediately preceding the effective date of coverage.
(2) (Blank).
(3) Waiver: The preexisting condition exclusions as
set forth in paragraph (1) of this subsection shall be
waived to the extent to which the eligible person (a) has
satisfied similar exclusions under any prior individual
health insurance policy that was involuntarily terminated
because of the insolvency of the issuer of the policy and
(b) has applied for Plan coverage within 90 days following
the involuntary termination of that individual health
insurance coverage.
(4) Waiver: The preexisting condition exclusions as
set forth in paragraph (1) of this subsection shall be
waived to the extent to which the eligible person (a) has
satisfied the exclusion under prior Comprehensive Health
Insurance Plan coverage that was involuntarily terminated
because of meeting a lower lifetime benefit limit and (b)
has reapplied for Plan coverage within 90 days following an
increase in the lifetime benefit limit set forth in Section
8 of this Act.
g. Other sources primary; nonduplication of benefits.
(1) The Plan shall be the last payor of benefits
whenever any other benefit or source of third party payment
is available. Subject to the provisions of subsection e of
Section 7, benefits otherwise payable under Plan coverage

shall be reduced by all amounts paid or payable by Medicare
or any other government program or through any health
insurance coverage or group health plan, whether by
insurance, reimbursement, or otherwise, or through any
third party liability, settlement, judgment, or award,
regardless of the date of the settlement, judgment, or
award, whether the settlement, judgment, or award is in the
form of a contract, agreement, or trust on behalf of a
minor or otherwise and whether the settlement, judgment, or
award is payable to the covered person, his or her
dependent, estate, personal representative, or guardian in
a lump sum or over time, and by all hospital or medical
expense benefits paid or payable under any worker's
compensation coverage, automobile medical payment, or
liability insurance, whether provided on the basis of fault
or nonfault, and by any hospital or medical benefits paid
or payable under or provided pursuant to any State or
federal law or program.
(2) The Plan shall have a cause of action against any
covered person or any other person or entity for the
recovery of any amount paid to the extent the amount was
for treatment, services, or supplies not covered in this
Section or in excess of benefits as set forth in this
Section.
(3) Whenever benefits are due from the Plan because of
sickness or an injury to a covered person resulting from a

third party's wrongful act or negligence and the covered
person has recovered or may recover damages from a third
party or its insurer, the Plan shall have the right to
reduce benefits or to refuse to pay benefits that otherwise
may be payable by the amount of damages that the covered
person has recovered or may recover regardless of the date
of the sickness or injury or the date of any settlement,
judgment, or award resulting from that sickness or injury.
During the pendency of any action or claim that is
brought by or on behalf of a covered person against a third
party or its insurer, any benefits that would otherwise be
payable except for the provisions of this paragraph (3)
shall be paid if payment by or for the third party has not
yet been made and the covered person or, if incapable, that
person's legal representative agrees in writing to pay back
promptly the benefits paid as a result of the sickness or
injury to the extent of any future payments made by or for
the third party for the sickness or injury. This agreement
is to apply whether or not liability for the payments is
established or admitted by the third party or whether those
payments are itemized.
Any amounts due the plan to repay benefits may be
deducted from other benefits payable by the Plan after
payments by or for the third party are made.
(4) Benefits due from the Plan may be reduced or
refused as an offset against any amount otherwise

recoverable under this Section.
h. Right of subrogation; recoveries.
(1) Whenever the Plan has paid benefits because of
sickness or an injury to any covered person resulting from
a third party's wrongful act or negligence, or for which an
insurer is liable in accordance with the provisions of any
policy of insurance, and the covered person has recovered
or may recover damages from a third party that is liable
for the damages, the Plan shall have the right to recover
the benefits it paid from any amounts that the covered
person has received or may receive regardless of the date
of the sickness or injury or the date of any settlement,
judgment, or award resulting from that sickness or injury.
The Plan shall be subrogated to any right of recovery the
covered person may have under the terms of any private or
public health care coverage or liability coverage,
including coverage under the Workers' Compensation Act or
the Workers' Occupational Diseases Act, without the
necessity of assignment of claim or other authorization to
secure the right of recovery. To enforce its subrogation
right, the Plan may (i) intervene or join in an action or
proceeding brought by the covered person or his personal
representative, including his guardian, conservator,
estate, dependents, or survivors, against any third party
or the third party's insurer that may be liable or (ii)
institute and prosecute legal proceedings against any

third party or the third party's insurer that may be liable
for the sickness or injury in an appropriate court either
in the name of the Plan or in the name of the covered
person or his personal representative, including his
guardian, conservator, estate, dependents, or survivors.
(2) If any action or claim is brought by or on behalf
of a covered person against a third party or the third
party's insurer, the covered person or his personal
representative, including his guardian, conservator,
estate, dependents, or survivors, shall notify the Plan by
personal service or registered mail of the action or claim
and of the name of the court in which the action or claim
is brought, filing proof thereof in the action or claim.
The Plan may, at any time thereafter, join in the action or
claim upon its motion so that all orders of court after
hearing and judgment shall be made for its protection. No
release or settlement of a claim for damages and no
satisfaction of judgment in the action shall be valid
without the written consent of the Plan to the extent of
its interest in the settlement or judgment and of the
covered person or his personal representative.
(3) In the event that the covered person or his
personal representative fails to institute a proceeding
against any appropriate third party before the fifth month
before the action would be barred, the Plan may, in its own
name or in the name of the covered person or personal

representative, commence a proceeding against any
appropriate third party for the recovery of damages on
account of any sickness, injury, or death to the covered
person. The covered person shall cooperate in doing what is
reasonably necessary to assist the Plan in any recovery and
shall not take any action that would prejudice the Plan's
right to recovery. The Plan shall pay to the covered person
or his personal representative all sums collected from any
third party by judgment or otherwise in excess of amounts
paid in benefits under the Plan and amounts paid or to be
paid as costs, attorneys fees, and reasonable expenses
incurred by the Plan in making the collection or enforcing
the judgment.
(4) In the event that a covered person or his personal
representative, including his guardian, conservator,
estate, dependents, or survivors, recovers damages from a
third party for sickness or injury caused to the covered
person, the covered person or the personal representative
shall pay to the Plan from the damages recovered the amount
of benefits paid or to be paid on behalf of the covered
person.
(5) When the action or claim is brought by the covered
person alone and the covered person incurs a personal
liability to pay attorney's fees and costs of litigation,
the Plan's claim for reimbursement of the benefits provided
to the covered person shall be the full amount of benefits

paid to or on behalf of the covered person under this Act
less a pro rata share that represents the Plan's reasonable
share of attorney's fees paid by the covered person and
that portion of the cost of litigation expenses determined
by multiplying by the ratio of the full amount of the
expenditures to the full amount of the judgement, award, or
settlement.
(6) In the event of judgment or award in a suit or
claim against a third party or insurer, the court shall
first order paid from any judgement or award the reasonable
litigation expenses incurred in preparation and
prosecution of the action or claim, together with
reasonable attorney's fees. After payment of those
expenses and attorney's fees, the court shall apply out of
the balance of the judgment or award an amount sufficient
to reimburse the Plan the full amount of benefits paid on
behalf of the covered person under this Act, provided the
court may reduce and apportion the Plan's portion of the
judgement proportionate to the recovery of the covered
person. The burden of producing evidence sufficient to
support the exercise by the court of its discretion to
reduce the amount of a proven charge sought to be enforced
against the recovery shall rest with the party seeking the
reduction. The court may consider the nature and extent of
the injury, economic and non-economic loss, settlement
offers, comparative negligence as it applies to the case at

hand, hospital costs, physician costs, and all other
appropriate costs. The Plan shall pay its pro rata share of
the attorney fees based on the Plan's recovery as it
compares to the total judgment. Any reimbursement rights of
the Plan shall take priority over all other liens and
charges existing under the laws of this State with the
exception of any attorney liens filed under the Attorneys
Lien Act.
(7) The Plan may compromise or settle and release any
claim for benefits provided under this Act or waive any
claims for benefits, in whole or in part, for the
convenience of the Plan or if the Plan determines that
collection would result in undue hardship upon the covered
person.
(Source: P.A. 95-547, eff. 8-29-07; 96-791, eff. 9-25-09;
96-938, eff. 6-24-10; revised 11-18-11.)
Section 360. 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)
Sec. 5-3. Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 136, 137, 139, 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, 155.22a, 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, 356z.19, 356z.21 356z.19, 364.01,
367.2, 367.2-5, 367i, 368a, 368b, 368c, 368d, 368e, 370c,
370c.1, 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
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
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
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,
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. 96-328, eff. 8-11-09; 96-639, eff. 1-1-10;
96-833, eff. 6-1-10; 96-1000, eff. 7-2-10; 97-282, eff. 8-9-11;
97-343, eff. 1-1-12; 97-437, eff. 8-18-11; 97-486, eff. 1-1-12;
97-592, eff. 1-1-12; revised 10-13-11.)
Section 365. The Limited Health Service Organization Act is
amended by changing Sections 2003 and 4003 as follows:
(215 ILCS 130/2003) (from Ch. 73, par. 1502-3)

Sec. 2003. Powers of limited health service organizations.
The powers of a limited health service organization include,
but are not limited to the following:
(1) The purchase, lease, construction, renovation,
operation or maintenance of limited health service facilities
and their ancillary equipment, and such property as may
reasonably be required for its principal office or for such
other purposes as may be necessary in the transaction of the
business of the organization.
(2) The making of loans to a provider group under contract
with it and in furtherance of its program or the making of
loans to a corporation or corporations under its control for
the purpose of acquiring or constructing limited health service
facilities or in furtherance of a program providing limited
health services for enrollees.
(3) The furnishing of limited health services through
providers which are under contract with or employed by the
limited health service organization.
(4) The contracting with any person for the performance on
its behalf of certain functions such as marketing, enrollment
and administration.
(5) The contracting with an insurance company licensed in
this State, or with a hospital, medical, voluntary, dental,
vision or pharmaceutical service corporation authorized to do
business in this State, for the provision of insurance,
indemnity or reimbursement against the cost of limited health

service provided by the limited health service organization.
(6) Rendering services related to the functions involved in
the operation of its limited health service business including,
but not limited to, providing limited health services, data
processing, accounting, claims.
(7) Indemnity benefits covering out of area or emergency
services directly related to the provision of limited health
service.
(8) The offering of point-of-service products as
authorized under Section 3009.
(9) Any other business activity reasonably complementary
complimentary or supplementary to its limited health service
business to the extent approved by the Director.
(Source: P.A. 86-600; 87-1079; revised 11-18-11.)
(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
Sec. 4003. Illinois Insurance Code provisions. Limited
health service organizations shall be subject to the provisions
of Sections 133, 134, 136, 137, 139, 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, 155.37, 355.2, 356v, 356z.10, 356z.21
356z.19, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, 409,
412, 444, and 444.1 and Articles IIA, VIII 1/2, XII, XII 1/2,
XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
For purposes of the Illinois Insurance Code, except for
Sections 444 and 444.1 and Articles XIII and XIII 1/2, limited

health service organizations in the following categories are
deemed to be domestic companies:
(1) a corporation under the laws of this State; or
(2) a corporation organized under the laws of another
state, 30% of 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.
(Source: P.A. 97-486, eff. 1-1-12; 97-592, 1-1-12; revised
10-13-11.)
Section 370. The Viatical Settlements Act of 2009 is
amended by changing Section 72 as follows:
(215 ILCS 159/72)
Sec. 72. Crimes and offenses.
(a) A person acting in this State as a viatical settlement
provider without having been licensed pursuant to Section 10 of
this Act who willfully violates any provision of this Act or
any rule adopted or order issued under this Act is guilty of a
Class A misdemeanor and may be subject to a fine of not more
than $3,000. When such violation results in a loss of more than
$10,000, the person shall be guilty of a Class 3 felony and may
be subject to a fine of not more than $10,000.
(b) A person acting in this State as a viatical settlement

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

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

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

insurance;
(4) Any person recklessly enters into, negotiates,
brokers, or otherwise deals in a viatical settlement
contract, the subject of which is a life insurance policy
that was obtained by presenting false information
concerning any fact material to the policy or by
concealing, for the purpose of misleading another,
information concerning any fact material to the policy,
where the person or the persons intended to defraud the
policy's issuer, the viatical settlement provider or the
viator; or
(5) Any person facilitates the change of state of
ownership of a policy or the state of residency of a viator
to a state or jurisdiction that does not have a law similar
to this Act for the express purposes of evading or avoiding
the provisions of this Act.
(e) (c) For purposes of this Section, "person" means (i) an
individual, (ii) a corporation, (iii) an officer, agent, or
employee of a corporation, (iv) a member, agent, or employee of
a partnership, or (v) a member, manager, employee, officer,
director, or agent of a limited liability company who, in any
such capacity described by this subsection (e) (c), commits
viatical settlement fraud.
(Source: P.A. 96-736, eff. 7-1-10; revised 11-18-11.)
Section 375. The Voluntary Health Services Plans Act is

amended by changing Section 10 as follows:
(215 ILCS 165/10) (from Ch. 32, par. 604)
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, 136, 139, 140,
143, 143c, 149, 155.22a, 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, 356z.19,
356z.21 356z.19, 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. 96-328, eff. 8-11-09; 96-833, eff. 6-1-10;
96-1000, eff. 7-2-10; 97-282, eff. 8-9-11; 97-343, eff. 1-1-12;
97-486, eff. 1-1-12; 97-592, eff. 1-1-12; revised 10-13-11.)
Section 380. The Health Carrier External Review Act is
amended by changing Section 10 as follows:

(215 ILCS 180/10)
Sec. 10. Definitions. For the purposes of this Act:
"Adverse determination" means:
(1) a determination by a health carrier or its designee
utilization review organization that, based upon the
information provided, a request for a benefit under the
health carrier's health benefit plan upon application of
any utilization review technique does not meet the health
carrier's requirements for medical necessity,
appropriateness, health care setting, level of care, or
effectiveness or is determined to be experimental or
investigational and the requested benefit is therefore
denied, reduced, or terminated or payment is not provided
or made, in whole or in part, for the benefit;
(2) the denial, reduction, or termination of or failure
to provide or make payment, in whole or in part, for a
benefit based on a determination by a health carrier or its
designee utilization review organization that a
preexisting condition was present before the effective
date of coverage; or
(3) a recission of coverage determination, which does
not include a cancellation or discontinuance of coverage
that is attributable to a failure to timely pay required
premiums or contributions towards the cost of coverage.
"Authorized representative" means:

(1) a person to whom a covered person has given express
written consent to represent the covered person for
purposes of this Law;
(2) a person authorized by law to provide substituted
consent for a covered person;
(3) a family member of the covered person or the
covered person's treating health care professional when
the covered person is unable to provide consent;
(4) a health care provider when the covered person's
health benefit plan requires that a request for a benefit
under the plan be initiated by the health care provider; or
(5) in the case of an urgent care request, a health
care provider with knowledge of the covered person's
medical condition.
"Best evidence" means evidence based on:
(1) randomized clinical trials;
(2) if randomized clinical trials are not available,
then cohort studies or case-control studies;
(3) if items (1) and (2) are not available, then
case-series; or
(4) if items (1), (2), and (3) are not available, then
expert opinion.
"Case-series" means an evaluation of a series of patients
with a particular outcome, without the use of a control group.
"Clinical review criteria" means the written screening
procedures, decision abstracts, clinical protocols, and

practice guidelines used by a health carrier to determine the
necessity and appropriateness of health care services.
"Cohort study" means a prospective evaluation of 2 groups
of patients with only one group of patients receiving specific
intervention.
"Concurrent review" means a review conducted during a
patient's stay or course of treatment in a facility, the office
of a health care professional, or other inpatient or outpatient
health care setting.
"Covered benefits" or "benefits" means those health care
services to which a covered person is entitled under the terms
of a health benefit plan.
"Covered person" means a policyholder, subscriber,
enrollee, or other individual participating in a health benefit
plan.
"Director" means the Director of the Department of
Insurance.
"Emergency medical condition" means a medical condition
manifesting itself by acute symptoms of sufficient severity,
including, but not limited to, severe pain, such that a prudent
layperson who possesses an average knowledge of health and
medicine could reasonably expect the absence of immediate
medical attention to result in:
(1) placing the health of the individual or, with
respect to a pregnant woman, the health of the woman or her
unborn child, in serious jeopardy;

(2) serious impairment to bodily functions; or
(3) serious dysfunction of any bodily organ or part.
"Emergency services" means health care items and services
furnished or required to evaluate and treat an emergency
medical condition.
"Evidence-based standard" means the conscientious,
explicit, and judicious use of the current best evidence based
on an overall systematic review of the research in making
decisions about the care of individual patients.
"Expert opinion" means a belief or an interpretation by
specialists with experience in a specific area about the
scientific evidence pertaining to a particular service,
intervention, or therapy.
"Facility" means an institution providing health care
services or a health care setting.
"Final adverse determination" means an adverse
determination involving a covered benefit that has been upheld
by a health carrier, or its designee utilization review
organization, at the completion of the health carrier's
internal grievance process procedures as set forth by the
Managed Care Reform and Patient Rights Act.
"Health benefit plan" means a policy, contract,
certificate, plan, or agreement offered or issued by a health
carrier to provide, deliver, arrange for, pay for, or reimburse
any of the costs of health care services.
"Health care provider" or "provider" means a physician,

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

(3) payment for the provision of health care services
to an individual.
"Independent review organization" means an entity that
conducts independent external reviews of adverse
determinations and final adverse determinations.
"Medical or scientific evidence" means evidence found in
the following sources:
(1) peer-reviewed scientific studies published in or
accepted for publication by medical journals that meet
nationally recognized requirements for scientific
manuscripts and that submit most of their published
articles for review by experts who are not part of the
editorial staff;
(2) peer-reviewed medical literature, including
literature relating to therapies reviewed and approved by a
qualified institutional review board, biomedical
compendia, and other medical literature that meet the
criteria of the National Institutes of Health's Library of
Medicine for indexing in Index Medicus (Medline) and
Elsevier Science Ltd. for indexing in Excerpta Medicus
(EMBASE);
(3) medical journals recognized by the Secretary of
Health and Human Services under Section 1861(t)(2) of the
federal Social Security Act;
(4) the following standard reference compendia:
(a) The American Hospital Formulary Service-Drug

Information;
(b) Drug Facts and Comparisons;
(c) The American Dental Association Accepted
Dental Therapeutics; and
(d) The United States Pharmacopoeia-Drug
Information;
(5) findings, studies, or research conducted by or
under the auspices of federal government agencies and
nationally recognized federal research institutes,
including:
(a) the federal Agency for Healthcare Research and
Quality;
(b) the National Institutes of Health;
(c) the National Cancer Institute;
(d) the National Academy of Sciences;
(e) the Centers for Medicare & Medicaid Services;
(f) the federal Food and Drug Administration; and
(g) any national board recognized by the National
Institutes of Health for the purpose of evaluating the
medical value of health care services; or
(6) any other medical or scientific evidence that is
comparable to the sources listed in items (1) through (5).
"Person" means an individual, a corporation, a
partnership, an association, a joint venture, a joint stock
company, a trust, an unincorporated organization, any similar
entity, or any combination of the foregoing.

"Prospective review" means a review conducted prior to an
admission or the provision of a health care service or a course
of treatment in accordance with a health carrier's requirement
that the health care service or course of treatment, in whole
or in part, be approved prior to its provision.
"Protected health information" means health information
(i) that identifies an individual who is the subject of the
information; or (ii) with respect to which there is a
reasonable basis to believe that the information could be used
to identify an individual.
"Randomized clinical trial" means a controlled prospective
study of patients that have been randomized into an
experimental group and a control group at the beginning of the
study with only the experimental group of patients receiving a
specific intervention, which includes study of the groups for
variables and anticipated outcomes over time.
"Retrospective review" means any review of a request for a
benefit that is not a concurrent or prospective review request.
"Retrospective review" does not include the review of a claim
that is limited to veracity of documentation or accuracy of
coding..
"Utilization review" has the meaning provided by the
Managed Care Reform and Patient Rights Act.
"Utilization review organization" means a utilization
review program as defined in the Managed Care Reform and
Patient Rights Act.

(Source: P.A. 96-857, eff. 7-1-10; 97-574, eff. 8-26-11;
revised 11-18-11.)
Section 385. The Public Utilities Act is amended by
changing Sections 2-203, 3-101, 8-104, 13-517, and 16-111.5 as
follows:
(220 ILCS 5/2-203)
(Section scheduled to be repealed on January 1, 2014)
Sec. 2-203. Public Utility Fund base maintenance
contribution. Each electric utility as defined in Section
16-102 of this Act providing service to more than 12,500
customers in this State on January 1, 1995 shall contribute
annually a pro rata share of a total amount of $5,500,000 based
upon the number of kilowatt-hours delivered to retail customers
within this State by each such electric utility in the 12
months preceding the year of contribution. On or before May 1
of each year, the Illinois Commerce Commission shall determine
and notify the Illinois Department of Revenue of the pro rata
share owed by each electric utility based upon information
supplied annually to the Commission. On or before June 1 of
each year, the Department of Revenue shall send written
notification to each electric utility of the amount of pro rata
share they owe. These contributions shall be remitted to the
Department of Revenue no earlier than that July 1 and no later
than July 31 of each year the contribution is due on a return

prescribed and furnished by the Department of Revenue showing
such information as the Department of Revenue may reasonably
require. The Department of Revenue shall place the funds
remitted under this Section in the Public Utility Fund in the
State treasury. The funds received pursuant to this Section
shall be subject to appropriation by the General Assembly. If
an electric utility does not remit its pro rata share to the
Department of Revenue, the Department of Revenue must inform
the Illinois Commerce Commission of such failure. The Illinois
Commerce Commission may then revoke the certification of that
electric utility. This Section is repealed on January 1, 2014.
(Source: P.A. 95-1027, eff. 6-1-09; 96-250, eff. 8-11-09;
revised 11-18-11.)
(220 ILCS 5/3-101) (from Ch. 111 2/3, par. 3-101)
Sec. 3-101. Definitions. Unless otherwise specified, the
terms set forth in Sections 3-102 through 3-126 3-123 are used
in this Act as therein defined.
(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; revised
10-28-11.)
(220 ILCS 5/8-104)
Sec. 8-104. Natural gas energy efficiency programs.
(a) It is the policy of the State that natural gas
utilities and the Department of Commerce and Economic
Opportunity are required to use cost-effective energy

efficiency to reduce direct and indirect costs to consumers. It
serves the public interest to allow natural gas utilities to
recover costs for reasonably and prudently incurred expenses
for cost-effective energy efficiency measures.
(b) For purposes of this Section, "energy efficiency" means
measures that reduce the amount of energy required to achieve a
given end use and "cost-effective" means that the measures
satisfy the total resource cost test which, for purposes of
this Section, means a standard that is met if, for an
investment in energy efficiency, 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 measures to the
net present value of the total costs as calculated over the
lifetime of the measures. The total resource cost test compares
the sum of avoided natural gas 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 electric
utility costs, to the sum of all incremental costs of end use
measures (including both utility and participant
contributions), plus costs to administer, deliver, and
evaluate each demand-side measure, to quantify the net savings
obtained by substituting demand-side measures for supply
resources. In calculating avoided costs, reasonable estimates
shall be included for financial costs likely to be imposed by
future regulation of emissions of greenhouse gases. The

low-income programs described in item (4) of subsection (f) of
this Section shall not be required to meet the total resource
cost test.
(c) Natural gas utilities shall implement cost-effective
energy efficiency measures to meet at least the following
natural gas savings requirements, which shall be based upon the
total amount of gas delivered to retail customers, other than
the customers described in subsection (m) of this Section,
during calendar year 2009 multiplied by the applicable
percentage. Natural gas utilities may comply with this Section
by meeting the annual incremental savings goal in the
applicable year or by showing that total savings associated
with measures implemented after May 31, 2011 were equal to the
sum of each annual incremental savings requirement from May 31,
2011 through the end of the applicable year:
(1) 0.2% by May 31, 2012;
(2) an additional 0.4% by May 31, 2013, increasing
total savings to .6%;
(3) an additional 0.6% by May 31, 2014, increasing
total savings to 1.2%;
(4) an additional 0.8% by May 31, 2015, increasing
total savings to 2.0%;
(5) an additional 1% by May 31, 2016, increasing total
savings to 3.0%;
(6) an additional 1.2% by May 31, 2017, increasing
total savings to 4.2%;

(7) an additional 1.4% by May 31, 2018, increasing
total savings to 5.6%;
(8) an additional 1.5% by May 31, 2019, increasing
total savings to 7.1%; and
(9) an additional 1.5% in each 12-month period
thereafter.
(d) Notwithstanding the requirements of subsection (c) of
this Section, a natural gas utility shall limit the amount of
energy efficiency implemented in any 3-year reporting period
established by subsection (f) of Section 8-104 of this Act, by
an amount necessary to limit the estimated average increase in
the amounts paid by retail customers in connection with natural
gas service to no more than 2% in the applicable 3-year
reporting period. The energy savings requirements in
subsection (c) of this Section may be reduced by the Commission
for the subject plan, if the utility demonstrates by
substantial evidence that it is highly unlikely that the
requirements could be achieved without exceeding the
applicable spending limits in any 3-year reporting period. No
later than September 1, 2013, the Commission shall review the
limitation on the amount of energy efficiency measures
implemented pursuant to this Section and report to the General
Assembly, in the report required by subsection (k) of this
Section, its findings as to whether that limitation unduly
constrains the procurement of energy efficiency measures.
(e) Natural gas utilities shall be responsible for

overseeing the design, development, and filing of their
efficiency plans with the Commission. The utility shall utilize
75% of the available funding associated with energy efficiency
programs approved by the Commission, and may outsource various
aspects of program development and implementation. The
remaining 25% of available funding shall be used by the
Department of Commerce and Economic Opportunity to implement
energy efficiency measures that achieve no less than 20% of the
requirements of subsection (c) of this Section. Such measures
shall be designed in conjunction with the utility and approved
by the Commission. 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 local government, municipal
corporations, school districts, and community college
districts. Five percent of the entire portfolio of
cost-effective energy efficiency measures may be granted to
local government and municipal corporations for market
transformation initiatives. The Department shall coordinate
the implementation of these measures and shall integrate
delivery of natural gas efficiency programs with electric
efficiency programs delivered pursuant to Section 8-103 of this
Act, unless the Department can show that integration is not
feasible.
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 measures that the utility implements.
A utility providing approved energy efficiency measures in
this 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 and
shall be applicable to the utility's customers other than the
customers described in subsection (m) of this Section. 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 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
utilities and the Department, shall, in combination, be
designed to achieve the annual energy savings requirements set
forth in subsection (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 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 performance
requirements 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 (8) of subsection (f) of this Section. In this case, the
utility obligation to collect the Department's costs and turn
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 October 1, 2010, each gas utility shall
file an energy efficiency plan with the Commission to meet the
energy efficiency standards through May 31, 2014. Every 3 years
thereafter, each utility shall file, no later than October 1,
an energy efficiency plan with the Commission. If a utility
does not file such a plan by October 1 of the applicable year,
then 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 (c) of this
Section, as modified by subsection (d) of this Section, 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. 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 after the
disapproval, the utility shall be 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
measures. Penalties shall be deposited into the Energy
Efficiency Trust Fund and the cost of any such penalties may
not be recovered from ratepayers. In submitting proposed energy
efficiency plans and funding levels to meet the savings goals
adopted by this Act the utility shall:
(1) Demonstrate that its proposed energy efficiency
measures will achieve the requirements that are identified
in subsection (c) of this Section, as modified by
subsection (d) of this Section.
(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 gas
service expressed on a per therm basis associated with the
proposed portfolio of measures designed to meet the
requirements that are identified in subsection (c) of this

Section, as modified by subsection (d) of this Section.
(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. Such
programs shall be targeted to households with incomes at or
below 80% of area median income.
(5) Demonstrate that its overall portfolio of energy
efficiency 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) Demonstrate that a gas utility affiliated with an
electric utility that is required to comply with Section
8-103 of this Act has integrated gas and electric
efficiency measures into a single program that reduces
program or participant costs and appropriately allocates
costs to gas and electric ratepayers. The Department shall
integrate all gas and electric programs it delivers in any
such utilities' service territories, unless the Department
can show that integration is not feasible or appropriate.
(7) Include a proposed cost recovery tariff mechanism
to fund the proposed energy efficiency measures and to
ensure the recovery of the prudently and reasonably
incurred costs of Commission-approved programs.

(8) Provide for quarterly status reports tracking
implementation of and expenditures for the utility's
portfolio of measures and the Department's portfolio of
measures, an annual independent review, and a full
independent evaluation of the 3-year results of the
performance and the cost-effectiveness of the utility's
and Department's portfolios of measures and 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 3-year period.
(g) No more than 3% of expenditures on energy efficiency
measures may be allocated for demonstration of breakthrough
equipment and devices.
(h) Illinois natural gas utilities that are affiliated by
virtue of a common parent company may, at the utilities'
request, be considered a single natural gas utility for
purposes of complying with this Section.
(i) If, after 3 years, a gas utility fails to meet the
efficiency standard specified in subsection (c) of this Section
as modified by subsection (d), then it shall make a
contribution to the Low-Income Home Energy Assistance Program.
The total liability for failure to meet the goal shall be
assessed as follows:
(1) a large gas utility shall pay $600,000;

(2) a medium gas utility shall pay $400,000; and
(3) a small gas utility shall pay $200,000.
For purposes of this Section, (i) a "large gas utility" is
a gas utility that on December 31, 2008, served more than
1,500,000 gas customers in Illinois; (ii) a "medium gas
utility" is a gas utility that on December 31, 2008, served
fewer than 1,500,000, but more than 500,000 gas customers in
Illinois; and (iii) a "small gas utility" is a gas utility that
on December 31, 2008, served fewer than 500,000 and more than
100,000 gas customers in Illinois. The costs of this
contribution may not be recovered from ratepayers.
If a gas utility fails to meet the efficiency standard
specified in subsection (c) of this Section, as modified by
subsection (d) of this Section, in any 2 consecutive 3-year
planning periods, then the responsibility for implementing the
utility's energy efficiency measures shall be transferred to an
independent program administrator selected by the Commission.
Reasonable and prudent costs incurred by the independent
program administrator to meet the efficiency standard
specified in subsection (c) of this Section, as modified by
subsection (d) of this Section, may be recovered from the
customers of the affected gas utilities, other than customers
described in subsection (m) of this Section. The utility shall
provide the independent program administrator with all
information and assistance necessary to perform the program
administrator's duties including but not limited to customer,

account, and energy usage data, and shall allow the program
administrator to include inserts in customer bills. The utility
may recover reasonable costs associated with any such
assistance.
(j) No 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.
(k) Not later than January 1, 2012, the Commission shall
develop and solicit public comment on a plan to foster
statewide coordination and consistency between statutorily
mandated natural gas and electric energy efficiency programs to
reduce program or participant costs or to improve program
performance. Not later than September 1, 2013, the Commission
shall issue a report to the General Assembly containing its
findings and recommendations.
(l) This Section does not apply to a gas utility that on
January 1, 2009, provided gas service to fewer than 100,000
customers in Illinois.
(m) Subsections (a) through (k) of this Section do not
apply to customers of a natural gas utility that have a North
American Industry Classification System code number that is
22111 or any such code number beginning with the digits 31, 32,
or 33 and (i) annual usage in the aggregate of 4 million therms
or more within the service territory of the affected gas
utility or with aggregate usage of 8 million therms or more in
this State and complying with the provisions of item (l) of

this subsection (m); or (ii) using natural gas as feedstock and
meeting the usage requirements described in item (i) of this
subsection (m), to the extent such annual feedstock usage is
greater than that 60% of the customer's total annual usage of
natural gas.
(1) Customers described in this subsection (m) of this
Section shall apply, on a form approved on or before
October 1, 2009 by the Department, to the Department to be
designated as a self-directing customer ("SDC") or as an
exempt customer using natural gas as a feedstock from which
other products are made, including, but not limited to,
feedstock for a hydrogen plant, on or before the 1st day of
February, 2010. Thereafter, application may be made not
less than 6 months before the filing date of the gas
utility energy efficiency plan described in subsection (f)
of this Section; however, a new customer that commences
taking service from a natural gas utility after February 1,
2010 may apply to become a SDC or exempt customer up to 30
days after beginning service. Such application shall
contain the following:
(A) the customer's certification that, at the time
of its application, it qualifies to be a SDC or exempt
customer described in this subsection (m) of this
Section;
(B) in the case of a SDC, the customer's
certification that it has established or will

establish by the beginning of the utility's 3-year
planning period commencing subsequent to the
application, and will maintain for accounting
purposes, an energy efficiency reserve account and
that the customer will accrue funds in said account to
be held for the purpose of funding, in whole or in
part, energy efficiency measures of the customer's
choosing, which may include, but are not limited to,
projects involving combined heat and power systems
that use the same energy source both for the generation
of electrical or mechanical power and the production of
steam or another form of useful thermal energy or the
use of combustible gas produced from biomass, or both;
(C) in the case of a SDC, the customer's
certification that annual funding levels for the
energy efficiency reserve account will be equal to 2%
of the customer's cost of natural gas, composed of the
customer's commodity cost and the delivery service
charges paid to the gas utility, or $150,000, whichever
is less;
(D) in the case of a SDC, the customer's
certification that the required reserve account
balance will be capped at 3 years' worth of accruals
and that the customer may, at its option, make further
deposits to the account to the extent such deposit
would increase the reserve account balance above the

designated cap level;
(E) in the case of a SDC, the customer's
certification that by October 1 of each year, beginning
no sooner than October 1, 2012, the customer will
report to the Department information, for the 12-month
period ending May 31 of the same year, on all deposits
and reductions, if any, to the reserve account during
the reporting year, and to the extent deposits to the
reserve account in any year are in an amount less than
$150,000, the basis for such reduced deposits; reserve
account balances by month; a description of energy
efficiency measures undertaken by the customer and
paid for in whole or in part with funds from the
reserve account; an estimate of the energy saved, or to
be saved, by the measure; and that the report shall
include a verification by an officer or plant manager
of the customer or by a registered professional
engineer or certified energy efficiency trade
professional that the funds withdrawn from the reserve
account were used for the energy efficiency measures;
(F) in the case of an exempt customer, the
customer's certification of the level of gas usage as
feedstock in the customer's operation in a typical year
and that it will provide information establishing this
level, upon request of the Department;
(G) in the case of either an exempt customer or a

SDC, the customer's certification that it has provided
the gas utility or utilities serving the customer with
a copy of the application as filed with the Department;
(H) in the case of either an exempt customer or a
SDC, certification of the natural gas utility or
utilities serving the customer in Illinois including
the natural gas utility accounts that are the subject
of the application; and
(I) in the case of either an exempt customer or a
SDC, a verification signed by a plant manager or an
authorized corporate officer attesting to the
truthfulness and accuracy of the information contained
in the application.
(2) The Department shall review the application to
determine that it contains the information described in
provisions (A) through (I) of item (1) of this subsection
(m), as applicable. The review shall be completed within 30
days after the date the application is filed with the
Department. Absent a determination by the Department
within the 30-day period, the applicant shall be considered
to be a SDC or exempt customer, as applicable, for all
subsequent 3-year planning periods, as of the date of
filing the application described in this subsection (m). If
the Department determines that the application does not
contain the applicable information described in provisions
(A) through (I) of item (1) of this subsection (m), it

shall notify the customer, in writing, of its determination
that the application does not contain the required
information and identify the information that is missing,
and the customer shall provide the missing information
within 15 working days after the date of receipt of the
Department's notification.
(3) The Department shall have the right to audit the
information provided in the customer's application and
annual reports to ensure continued compliance with the
requirements of this subsection. Based on the audit, if the
Department determines the customer is no longer in
compliance with the requirements of items (A) through (I)
of item (1) of this subsection (m), as applicable, the
Department shall notify the customer in writing of the
noncompliance. The customer shall have 30 days to establish
its compliance, and failing to do so, may have its status
as a SDC or exempt customer revoked by the Department. The
Department shall treat all information provided by any
customer seeking SDC status or exemption from the
provisions of this Section as strictly confidential.
(4) Upon request, or on its own motion, the Commission
may open an investigation, no more than once every 3 years
and not before October 1, 2014, to evaluate the
effectiveness of the self-directing program described in
this subsection (m).
(n) The applicability of this Section to customers

described in subsection (m) of this Section is conditioned on
the existence of the SDC program. In no event will any
provision of this Section apply to such customers after January
1, 2020.
(Source: P.A. 96-33, eff. 7-10-09; revised 11-18-11.)
(220 ILCS 5/13-517)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-517. Provision of advanced telecommunications
services.
(a) Every Incumbent Local Exchange Carrier
(telecommunications carrier that offers or provides a
noncompetitive telecommunications service) shall offer or
provide advanced telecommunications services to not less than
80% of its customers by January 1, 2005.
(b) The Commission is authorized to grant a full or partial
waiver of the requirements of this Section upon verified
petition of any Incumbent Local Exchange Carrier ("ILEC") which
demonstrates that full compliance with the requirements of this
Section would be unduly economically burdensome or technically
infeasible or otherwise impractical in exchanges with low
population density. Notice of any such petition must be given
to all potentially affected customers. If no potentially
affected customer requests the opportunity for a hearing on the
waiver petition, the Commission may, in its discretion, allow
the waiver request to take effect affect without hearing. The

Commission shall grant such petition to the extent that, and
for such duration as, the Commission determines that such
waiver:
(1) is necessary:
(A) to avoid a significant adverse economic impact
on users of telecommunications services generally;
(B) to avoid imposing a requirement that is unduly
economically burdensome;
(C) to avoid imposing a requirement that is
technically infeasible; or
(D) to avoid imposing a requirement that is
otherwise impractical to implement in exchanges with
low population density; and
(2) is consistent with the public interest,
convenience, and necessity.
The Commission shall act upon any petition filed under this
subsection within 180 days after receiving such petition. The
Commission may by rule establish standards for granting any
waiver of the requirements of this Section. The Commission may,
upon complaint or on its own motion, hold a hearing to
reconsider its grant of a waiver in whole or in part. In the
event that the Commission, following hearing, determines that
the affected ILEC no longer meets the requirements of item (2)
of this subsection, the Commission shall by order rescind such
waiver, in whole or in part. In the event and to the degree the
Commission rescinds such waiver, the Commission shall

establish an implementation schedule for compliance with the
requirements of this Section.
(c) As used in this Section, "advanced telecommunications
services" means services capable of supporting, in at least one
direction, a speed in excess of 200 kilobits per second (kbps)
to the network demarcation point at the subscriber's premises.
(Source: P.A. 92-22, eff. 6-30-01; revised 11-18-11.)
(220 ILCS 5/16-111.5)
Sec. 16-111.5. Provisions relating to procurement.
(a) An electric utility that on December 31, 2005 served at
least 100,000 customers in Illinois shall procure power and
energy for its eligible retail customers in accordance with the
applicable provisions set forth in Section 1-75 of the Illinois
Power Agency Act and this Section. A small multi-jurisdictional
electric utility that on December 31, 2005 served less than
100,000 customers in Illinois may elect to procure power and
energy for all or a portion of its eligible Illinois retail
customers in accordance with the applicable provisions set
forth in this Section and Section 1-75 of the Illinois Power
Agency Act. This Section shall not apply to a small
multi-jurisdictional utility until such time as a small
multi-jurisdictional utility requests the Illinois Power
Agency to prepare a procurement plan for its eligible retail
customers. "Eligible retail customers" for the purposes of this
Section means those retail customers that purchase power and

energy from the electric utility under fixed-price bundled
service tariffs, other than those retail customers whose
service is declared or deemed competitive under Section 16-113
and those other customer groups specified in this Section,
including self-generating customers, customers electing hourly
pricing, or those customers who are otherwise ineligible for
fixed-price bundled tariff service. Those customers that are
excluded from the definition of "eligible retail customers"
shall not be included in the procurement plan load
requirements, and the utility shall procure any supply
requirements, including capacity, ancillary services, and
hourly priced energy, in the applicable markets as needed to
serve those customers, provided that the utility may include in
its procurement plan load requirements for the load that is
associated with those retail customers whose service has been
declared or deemed competitive pursuant to Section 16-113 of
this Act to the extent that those customers are purchasing
power and energy during one of the transition periods
identified in subsection (b) of Section 16-113 of this Act.
(b) A procurement plan shall be prepared for each electric
utility consistent with the applicable requirements of the
Illinois Power Agency Act and this Section. For purposes of
this Section, Illinois electric utilities that are affiliated
by virtue of a common parent company are considered to be a
single electric utility. Small multi-jurisdictional utilities
may request a procurement plan for a portion of or all of its

Illinois load. Each procurement plan shall analyze the
projected balance of supply and demand for eligible retail
customers over a 5-year period with the first planning year
beginning on June 1 of the year following the year in which the
plan is filed. The plan shall specifically identify the
wholesale products to be procured following plan approval, and
shall follow all the requirements set forth in the Public
Utilities Act and all applicable State and federal laws,
statutes, rules, or regulations, as well as Commission orders.
Nothing in this Section precludes consideration of contracts
longer than 5 years and related forecast data. Unless specified
otherwise in this Section, in the procurement plan or in the
implementing tariff, any procurement occurring in accordance
with this plan shall be competitively bid through a request for
proposals process. Approval and implementation of the
procurement plan shall be subject to review and approval by the
Commission according to the provisions set forth in this
Section. A procurement plan shall include each of the following
components:
(1) Hourly load analysis. This analysis shall include:
(i) multi-year historical analysis of hourly
loads;
(ii) switching trends and competitive retail
market analysis;
(iii) known or projected changes to future loads;
and

(iv) growth forecasts by customer class.
(2) Analysis of the impact of any demand side and
renewable energy initiatives. This analysis shall include:
(i) the impact of demand response programs and
energy efficiency programs, both current and
projected; for small multi-jurisdictional utilities,
the impact of demand response and energy efficiency
programs approved pursuant to Section 8-408 of this
Act, both current and projected; and
(ii) supply side needs that are projected to be
offset by purchases of renewable energy resources, if
any.
(3) A plan for meeting the expected load requirements
that will not be met through preexisting contracts. This
plan shall include:
(i) definitions of the different Illinois retail
customer classes for which supply is being purchased;
(ii) the proposed mix of demand-response products
for which contracts will be executed during the next
year. For small multi-jurisdictional electric
utilities that on December 31, 2005 served fewer than
100,000 customers in Illinois, these shall be defined
as demand-response products offered in an energy
efficiency plan approved pursuant to Section 8-408 of
this Act. The cost-effective demand-response measures
shall be procured whenever the cost is lower than

procuring comparable capacity products, provided that
such products shall:
(A) be procured by a demand-response provider
from eligible retail customers;
(B) at least satisfy the demand-response
requirements of the regional transmission
organization market in which the utility's service
territory is located, including, but not limited
to, any applicable capacity or dispatch
requirements;
(C) provide for customers' participation in
the stream of benefits produced by the
demand-response products;
(D) provide for reimbursement by the
demand-response provider of the utility for any
costs incurred as a result of the failure of the
supplier of such products to perform its
obligations thereunder; and
(E) meet the same credit requirements as apply
to suppliers of capacity, in the applicable
regional transmission organization market;
(iii) monthly forecasted system supply
requirements, including expected minimum, maximum, and
average values for the planning period;
(iv) the proposed mix and selection of standard
wholesale products for which contracts will be

executed during the next year, separately or in
combination, to meet that portion of its load
requirements not met through pre-existing contracts,
including but not limited to monthly 5 x 16 peak period
block energy, monthly off-peak wrap energy, monthly 7 x
24 energy, annual 5 x 16 energy, annual off-peak wrap
energy, annual 7 x 24 energy, monthly capacity, annual
capacity, peak load capacity obligations, capacity
purchase plan, and ancillary services;
(v) proposed term structures for each wholesale
product type included in the proposed procurement plan
portfolio of products; and
(vi) an assessment of the price risk, load
uncertainty, and other factors that are associated
with the proposed procurement plan; this assessment,
to the extent possible, shall include an analysis of
the following factors: contract terms, time frames for
securing products or services, fuel costs, weather
patterns, transmission costs, market conditions, and
the governmental regulatory environment; the proposed
procurement plan shall also identify alternatives for
those portfolio measures that are identified as having
significant price risk.
(4) Proposed procedures for balancing loads. The
procurement plan shall include, for load requirements
included in the procurement plan, the process for (i)

hourly balancing of supply and demand and (ii) the criteria
for portfolio re-balancing in the event of significant
shifts in load.
(c) The procurement process set forth in Section 1-75 of
the Illinois Power Agency Act and subsection (e) of this
Section shall be administered by a procurement administrator
and monitored by a procurement monitor.
(1) The procurement administrator shall:
(i) design the final procurement process in
accordance with Section 1-75 of the Illinois Power
Agency Act and subsection (e) of this Section following
Commission approval of the procurement plan;
(ii) develop benchmarks in accordance with
subsection (e)(3) to be used to evaluate bids; these
benchmarks shall be submitted to the Commission for
review and approval on a confidential basis prior to
the procurement event;
(iii) serve as the interface between the electric
utility and suppliers;
(iv) manage the bidder pre-qualification and
registration process;
(v) obtain the electric utilities' agreement to
the final form of all supply contracts and credit
collateral agreements;
(vi) administer the request for proposals process;
(vii) have the discretion to negotiate to

determine whether bidders are willing to lower the
price of bids that meet the benchmarks approved by the
Commission; any post-bid negotiations with bidders
shall be limited to price only and shall be completed
within 24 hours after opening the sealed bids and shall
be conducted in a fair and unbiased manner; in
conducting the negotiations, there shall be no
disclosure of any information derived from proposals
submitted by competing bidders; if information is
disclosed to any bidder, it shall be provided to all
competing bidders;
(viii) maintain confidentiality of supplier and
bidding information in a manner consistent with all
applicable laws, rules, regulations, and tariffs;
(ix) submit a confidential report to the
Commission recommending acceptance or rejection of
bids;
(x) notify the utility of contract counterparties
and contract specifics; and
(xi) administer related contingency procurement
events.
(2) The procurement monitor, who shall be retained by
the Commission, shall:
(i) monitor interactions among the procurement
administrator, suppliers, and utility;
(ii) monitor and report to the Commission on the

progress of the procurement process;
(iii) provide an independent confidential report
to the Commission regarding the results of the
procurement event;
(iv) assess compliance with the procurement plans
approved by the Commission for each utility that on
December 31, 2005 provided electric service to a least
100,000 customers in Illinois and for each small
multi-jurisdictional utility that on December 31, 2005
served less than 100,000 customers in Illinois;
(v) preserve the confidentiality of supplier and
bidding information in a manner consistent with all
applicable laws, rules, regulations, and tariffs;
(vi) provide expert advice to the Commission and
consult with the procurement administrator regarding
issues related to procurement process design, rules,
protocols, and policy-related matters; and
(vii) consult with the procurement administrator
regarding the development and use of benchmark
criteria, standard form contracts, credit policies,
and bid documents.
(d) Except as provided in subsection (j), the planning
process shall be conducted as follows:
(1) Beginning in 2008, each Illinois utility procuring
power pursuant to this Section shall annually provide a
range of load forecasts to the Illinois Power Agency by

July 15 of each year, or such other date as may be required
by the Commission or Agency. The load forecasts shall cover
the 5-year procurement planning period for the next
procurement plan and shall include hourly data
representing a high-load, low-load and expected-load
scenario for the load of the eligible retail customers. The
utility shall provide supporting data and assumptions for
each of the scenarios.
(2) Beginning in 2008, the Illinois Power Agency shall
prepare a procurement plan by August 15th of each year, or
such other date as may be required by the Commission. The
procurement plan shall identify the portfolio of
demand-response and power and energy products to be
procured. Cost-effective demand-response measures shall be
procured as set forth in item (iii) of subsection (b) of
this Section. Copies of the procurement plan shall be
posted and made publicly available on the Agency's and
Commission's websites, and copies shall also be provided to
each affected electric utility. An affected utility shall
have 30 days following the date of posting to provide
comment to the Agency on the procurement plan. Other
interested entities also may comment on the procurement
plan. All comments submitted to the Agency shall be
specific, supported by data or other detailed analyses,
and, if objecting to all or a portion of the procurement
plan, accompanied by specific alternative wording or

proposals. All comments shall be posted on the Agency's and
Commission's websites. During this 30-day comment period,
the Agency shall hold at least one public hearing within
each utility's service area for the purpose of receiving
public comment on the procurement plan. Within 14 days
following the end of the 30-day review period, the Agency
shall revise the procurement plan as necessary based on the
comments received and file the procurement plan with the
Commission and post the procurement plan on the websites.
(3) Within 5 days after the filing of the procurement
plan, any person objecting to the procurement plan shall
file an objection with the Commission. Within 10 days after
the filing, the Commission shall determine whether a
hearing is necessary. The Commission shall enter its order
confirming or modifying the procurement plan within 90 days
after the filing of the procurement plan by the Illinois
Power Agency.
(4) The Commission shall approve the procurement plan,
including expressly the forecast used in the procurement
plan, if the Commission determines that it will 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.
(e) The procurement process shall include each of the
following components:

(1) Solicitation, pre-qualification, and registration
of bidders. The procurement administrator shall
disseminate information to potential bidders to promote a
procurement event, notify potential bidders that the
procurement administrator may enter into a post-bid price
negotiation with bidders that meet the applicable
benchmarks, provide supply requirements, and otherwise
explain the competitive procurement process. In addition
to such other publication as the procurement administrator
determines is appropriate, this information shall be
posted on the Illinois Power Agency's and the Commission's
websites. The procurement administrator shall also
administer the prequalification process, including
evaluation of credit worthiness, compliance with
procurement rules, and agreement to the standard form
contract developed pursuant to paragraph (2) of this
subsection (e). The procurement administrator shall then
identify and register bidders to participate in the
procurement event.
(2) Standard contract forms and credit terms and
instruments. The procurement administrator, in
consultation with the utilities, the Commission, and other
interested parties and subject to Commission oversight,
shall develop and provide standard contract forms for the
supplier contracts that meet generally accepted industry
practices. Standard credit terms and instruments that meet

generally accepted industry practices shall be similarly
developed. The procurement administrator shall make
available to the Commission all written comments it
receives on the contract forms, credit terms, or
instruments. If the procurement administrator cannot reach
agreement with the applicable electric utility as to the
contract terms and conditions, the procurement
administrator must notify the Commission of any disputed
terms and the Commission shall resolve the dispute. The
terms of the contracts shall not be subject to negotiation
by winning bidders, and the bidders must agree to the terms
of the contract in advance so that winning bids are
selected solely on the basis of price.
(3) Establishment of a market-based price benchmark.
As part of the development of the procurement process, the
procurement administrator, in consultation with the
Commission staff, Agency staff, and the procurement
monitor, shall establish benchmarks for evaluating the
final prices in the contracts for each of the products that
will be procured through the procurement process. The
benchmarks shall be based on price data for similar
products for the same delivery period and same delivery
hub, or other delivery hubs after adjusting for that
difference. The price benchmarks may also be adjusted to
take into account differences between the information
reflected in the underlying data sources and the specific

products and procurement process being used to procure
power for the Illinois utilities. The benchmarks shall be
confidential but shall be provided to, and will be subject
to Commission review and approval, prior to a procurement
event.
(4) Request for proposals competitive procurement
process. The procurement administrator shall design and
issue a request for proposals to supply electricity in
accordance with each utility's procurement plan, as
approved by the Commission. The request for proposals shall
set forth a procedure for sealed, binding commitment
bidding with pay-as-bid settlement, and provision for
selection of bids on the basis of price.
(5) A plan for implementing contingencies in the event
of supplier default or failure of the procurement process
to fully meet the expected load requirement due to
insufficient supplier participation, Commission rejection
of results, or any other cause.
(i) Event of supplier default: In the event of
supplier default, the utility shall review the
contract of the defaulting supplier to determine if the
amount of supply is 200 megawatts or greater, and if
there are more than 60 days remaining of the contract
term. If both of these conditions are met, and the
default results in termination of the contract, the
utility shall immediately notify the Illinois Power

Agency that a request for proposals must be issued to
procure replacement power, and the procurement
administrator shall run an additional procurement
event. If the contracted supply of the defaulting
supplier is less than 200 megawatts or there are less
than 60 days remaining of the contract term, the
utility shall procure power and energy from the
applicable regional transmission organization market,
including ancillary services, capacity, and day-ahead
or real time energy, or both, for the duration of the
contract term to replace the contracted supply;
provided, however, that if a needed product is not
available through the regional transmission
organization market it shall be purchased from the
wholesale market.
(ii) Failure of the procurement process to fully
meet the expected load requirement: If the procurement
process fails to fully meet the expected load
requirement due to insufficient supplier participation
or due to a Commission rejection of the procurement
results, the procurement administrator, the
procurement monitor, and the Commission staff shall
meet within 10 days to analyze potential causes of low
supplier interest or causes for the Commission
decision. If changes are identified that would likely
result in increased supplier participation, or that

would address concerns causing the Commission to
reject the results of the prior procurement event, the
procurement administrator may implement those changes
and rerun the request for proposals process according
to a schedule determined by those parties and
consistent with Section 1-75 of the Illinois Power
Agency Act and this subsection. In any event, a new
request for proposals process shall be implemented by
the procurement administrator within 90 days after the
determination that the procurement process has failed
to fully meet the expected load requirement.
(iii) In all cases where there is insufficient
supply provided under contracts awarded through the
procurement process to fully meet the electric
utility's load requirement, the utility shall meet the
load requirement by procuring power and energy from the
applicable regional transmission organization market,
including ancillary services, capacity, and day-ahead
or real time energy or both; provided, however, that if
a needed product is not available through the regional
transmission organization market it shall be purchased
from the wholesale market.
(6) The procurement process described in this
subsection is exempt from the requirements of the Illinois
Procurement Code, pursuant to Section 20-10 of that Code.
(f) Within 2 business days after opening the sealed bids,

the procurement administrator shall submit a confidential
report to the Commission. The report shall contain the results
of the bidding for each of the products along with the
procurement administrator's recommendation for the acceptance
and rejection of bids based on the price benchmark criteria and
other factors observed in the process. The procurement monitor
also shall submit a confidential report to the Commission
within 2 business days after opening the sealed bids. The
report shall contain the procurement monitor's assessment of
bidder behavior in the process as well as an assessment of the
procurement administrator's compliance with the procurement
process and rules. The Commission shall review the confidential
reports submitted by the procurement administrator and
procurement monitor, and shall accept or reject the
recommendations of the procurement administrator within 2
business days after receipt of the reports.
(g) Within 3 business days after the Commission decision
approving the results of a procurement event, the utility shall
enter into binding contractual arrangements with the winning
suppliers using the standard form contracts; except that the
utility shall not be required either directly or indirectly to
execute the contracts if a tariff that is consistent with
subsection (l) of this Section has not been approved and placed
into effect for that utility.
(h) The names of the successful bidders and the load
weighted average of the winning bid prices for each contract

type and for each contract term shall be made available to the
public at the time of Commission approval of a procurement
event. The Commission, the procurement monitor, the
procurement administrator, the Illinois Power Agency, and all
participants in the procurement process shall maintain the
confidentiality of all other supplier and bidding information
in a manner consistent with all applicable laws, rules,
regulations, and tariffs. Confidential information, including
the confidential reports submitted by the procurement
administrator and procurement monitor pursuant to subsection
(f) of this Section, shall not be made publicly available and
shall not be discoverable by any party in any proceeding,
absent a compelling demonstration of need, nor shall those
reports be admissible in any proceeding other than one for law
enforcement purposes.
(i) Within 2 business days after a Commission decision
approving the results of a procurement event or such other date
as may be required by the Commission from time to time, the
utility shall file for informational purposes with the
Commission its actual or estimated retail supply charges, as
applicable, by customer supply group reflecting the costs
associated with the procurement and computed in accordance with
the tariffs filed pursuant to subsection (l) of this Section
and approved by the Commission.
(j) Within 60 days following the effective date of this
amendatory Act, each electric utility that on December 31, 2005

provided electric service to at least 100,000 customers in
Illinois shall prepare and file with the Commission an initial
procurement plan, which shall conform in all material respects
to the requirements of the procurement plan set forth in
subsection (b); provided, however, that the Illinois Power
Agency Act shall not apply to the initial procurement plan
prepared pursuant to this subsection. The initial procurement
plan shall identify the portfolio of power and energy products
to be procured and delivered for the period June 2008 through
May 2009, and shall identify the proposed procurement
administrator, who shall have the same experience and expertise
as is required of a procurement administrator hired pursuant to
Section 1-75 of the Illinois Power Agency Act. Copies of the
procurement plan shall be posted and made publicly available on
the Commission's website. The initial procurement plan may
include contracts for renewable resources that extend beyond
May 2009.
(i) Within 14 days following filing of the initial
procurement plan, any person may file a detailed objection
with the Commission contesting the procurement plan
submitted by the electric utility. All objections to the
electric utility's plan shall be specific, supported by
data or other detailed analyses. The electric utility may
file a response to any objections to its procurement plan
within 7 days after the date objections are due to be
filed. Within 7 days after the date the utility's response

is due, the Commission shall determine whether a hearing is
necessary. If it determines that a hearing is necessary, it
shall require the hearing to be completed and issue an
order on the procurement plan within 60 days after the
filing of the procurement plan by the electric utility.
(ii) The order shall approve or modify the procurement
plan, approve an independent procurement administrator,
and approve or modify the electric utility's tariffs that
are proposed with the initial procurement plan. The
Commission shall approve the procurement plan if the
Commission determines that it will 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.
(k) In order to promote price stability for residential and
small commercial customers during the transition to
competition in Illinois, and notwithstanding any other
provision of this Act, each electric utility subject to this
Section shall enter into one or more multi-year financial swap
contracts that become effective on the effective date of this
amendatory Act. These contracts may be executed with generators
and power marketers, including affiliated interests of the
electric utility. These contracts shall be for a term of no
more than 5 years and shall, for each respective utility or for
any Illinois electric utilities that are affiliated by virtue
of a common parent company and that are thereby considered a

single electric utility for purposes of this subsection (k),
not exceed in the aggregate 3,000 megawatts for any hour of the
year. The contracts shall be financial contracts and not energy
sales contracts. The contracts shall be executed as
transactions under a negotiated master agreement based on the
form of master agreement for financial swap contracts sponsored
by the International Swaps and Derivatives Association, Inc.
and shall be considered pre-existing contracts in the
utilities' procurement plans for residential and small
commercial customers. Costs incurred pursuant to a contract
authorized by this subsection (k) shall be deemed prudently
incurred and reasonable in amount and the electric utility
shall be entitled to full cost recovery pursuant to the tariffs
filed with the Commission.
(k-5) In order to promote price stability for residential
and small commercial customers during the infrastructure
investment program described in subsection (b) of Section
16-108.5 of this Act, and notwithstanding any other provision
of this Act or the Illinois Power Agency Act, for each electric
utility that serves more than one million retail customers in
Illinois, the Illinois Power Agency shall conduct a procurement
event within 120 days after October 26, 2011 (the effective
date of Public Act 97-616) this amendatory Act of the 97th
General Assembly and may procure contracts for energy and
renewable energy credits for the period June 1, 2013 through
December 31, 2017 that satisfy the requirements of this

subsection (k-5), including the benchmarks described in this
subsection. These contracts shall be entered into as the result
of a competitive procurement event, and, to the extent that any
provisions of this Section or the Illinois Power Agency Act do
not conflict with this subsection (k-5), such provisions shall
apply to the procurement event. The energy contracts shall be
for 24 hour by 7 day supply over a term that runs from the first
delivery year through December 31, 2017. For a utility that
serves over 2 million customers, the energy contracts shall be
multi-year with pricing escalating at 2.5% per annum. The
energy contracts may be designed as financial swaps or may
require physical delivery.
Within 30 days of October 26, 2011 (the effective date of
Public Act 97-616) this amendatory Act of the 97th General
Assembly, each such utility shall submit to the Agency updated
load forecasts for the period June 1, 2013 through December 31,
2017. The megawatt volume of the contracts shall be based on
the updated load forecasts of the minimum monthly on-peak or
off-peak average load requirements shown in the forecasts,
taking into account any existing energy contracts in effect as
well as the expected migration of the utility's customers to
alternative retail electric suppliers. The renewable energy
credit volume shall be based on the number of credits that
would satisfy the requirements of subsection (c) of Section
1-75 of the Illinois Power Agency Act, subject to the rate
impact caps and other provisions of subsection (c) of Section

1-75 of the Illinois Power Agency Act. The evaluation of
contract bids in the competitive procurement events for energy
and for renewable energy credits shall incorporate price
benchmarks set collaboratively by the Agency, the procurement
administrator, the staff of the Commission, and the procurement
monitor. If the contracts are swap contracts, then they shall
be executed as transactions under a negotiated master agreement
based on the form of master agreement for financial swap
contracts sponsored by the International Swaps and Derivatives
Association, Inc. Costs incurred pursuant to a contract
authorized by this subsection (k-5) shall be deemed prudently
incurred and reasonable in amount and the electric utility
shall be entitled to full cost recovery pursuant to the tariffs
filed with the Commission.
The cost of administering the procurement event described
in this subsection (k-5) shall be paid by the winning supplier
or suppliers to the procurement administrator through a
supplier fee. In the event that there is no winning supplier
for a particular utility, such utility will pay the procurement
administrator for the costs associated with the procurement
event, and those costs shall not be a recoverable expense.
Nothing in this subsection (k-5) is intended to alter the
recovery of costs for any other procurement event.
(l) An electric utility shall recover its costs incurred
under this Section, including, but not limited to, the costs of
procuring power and energy demand-response resources under

this Section. The utility shall file with the initial
procurement plan its proposed tariffs through which its costs
of procuring power that are incurred pursuant to a
Commission-approved procurement plan and those other costs
identified in this subsection (l), will be recovered. The
tariffs shall include a formula rate or charge designed to pass
through both the costs incurred by the utility in procuring a
supply of electric power and energy for the applicable customer
classes with no mark-up or return on the price paid by the
utility for that supply, plus any just and reasonable costs
that the utility incurs in arranging and providing for the
supply of electric power and energy. The formula rate or charge
shall also contain provisions that ensure that its application
does not result in over or under recovery due to changes in
customer usage and demand patterns, and that provide for the
correction, on at least an annual basis, of any accounting
errors that may occur. A utility shall recover through the
tariff all reasonable costs incurred to implement or comply
with any procurement plan that is developed and put into effect
pursuant to Section 1-75 of the Illinois Power Agency Act and
this Section, including any fees assessed by the Illinois Power
Agency, costs associated with load balancing, and contingency
plan costs. The electric utility shall also recover its full
costs of procuring electric supply for which it contracted
before the effective date of this Section in conjunction with
the provision of full requirements service under fixed-price

bundled service tariffs subsequent to December 31, 2006. All
such costs shall be deemed to have been prudently incurred. The
pass-through tariffs that are filed and approved pursuant to
this Section shall not be subject to review under, or in any
way limited by, Section 16-111(i) of this Act.
(m) The Commission has the authority to adopt rules to
carry out the provisions of this Section. For the public
interest, safety, and welfare, the Commission also has
authority to adopt rules to carry out the provisions of this
Section on an emergency basis immediately following the
effective date of this amendatory Act.
(n) Notwithstanding any other provision of this Act, any
affiliated electric utilities that submit a single procurement
plan covering their combined needs may procure for those
combined needs in conjunction with that plan, and may enter
jointly into power supply contracts, purchases, and other
procurement arrangements, and allocate capacity and energy and
cost responsibility therefor among themselves in proportion to
their requirements.
(o) On or before June 1 of each year, the Commission shall
hold an informal hearing for the purpose of receiving comments
on the prior year's procurement process and any recommendations
for change.
(p) An electric utility subject to this Section may propose
to invest, lease, own, or operate an electric generation
facility as part of its procurement plan, provided the utility

demonstrates that such facility is the least-cost option to
provide electric service to eligible retail customers. If the
facility is shown to be the least-cost option and is included
in a procurement plan prepared in accordance with Section 1-75
of the Illinois Power Agency Act and this Section, then the
electric utility shall make a filing pursuant to Section 8-406
of this Act, and may request of the Commission any statutory
relief required thereunder. If the Commission grants all of the
necessary approvals for the proposed facility, such supply
shall thereafter be considered as a pre-existing contract under
subsection (b) of this Section. The Commission shall in any
order approving a proposal under this subsection specify how
the utility will recover the prudently incurred costs of
investing in, leasing, owning, or operating such generation
facility through just and reasonable rates charged to eligible
retail customers. Cost recovery for facilities included in the
utility's procurement plan pursuant to this subsection shall
not be subject to review under or in any way limited by the
provisions of Section 16-111(i) of this Act. Nothing in this
Section is intended to prohibit a utility from filing for a
fuel adjustment clause as is otherwise permitted under Section
9-220 of this Act.
(Source: P.A. 97-325, eff. 8-12-11; 97-616, eff. 10-26-11;
revised 11-10-11.)
Section 390. The Child Care Act of 1969 is amended by

changing Sections 2.06 and 7 as follows:
(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
Sec. 2.06. "Child care institution" means a child care
facility where more than 7 children are received and maintained
for the purpose of providing them with care or training or
both. The term "child care institution" includes residential
schools, primarily serving ambulatory handicapped children,
and those operating a full calendar year, but does not include:
(a) Any State-operated institution for child care
established by legislative action;
(b) Any juvenile detention or shelter care home established
and operated by any county or child protection district
established under the "Child Protection Act";
(c) Any institution, home, place or facility operating
under a license pursuant to the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act;
(d) Any bona fide boarding school in which children are
primarily taught branches of education corresponding to those
taught in public schools, grades one through 12, or taught in
public elementary schools, high schools, or both elementary and
high schools, and which operates on a regular academic school
year basis; or
(e) Any facility licensed as a "group home" as defined in
this Act.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 10-4-11.)
(225 ILCS 10/7) (from Ch. 23, par. 2217)
Sec. 7. (a) The Department must prescribe and publish
minimum standards for licensing that apply to the various types
of facilities for child care defined in this Act and that are
equally applicable to like institutions under the control of
the Department and to foster family homes used by and under the
direct supervision of the Department. The Department shall seek
the advice and assistance of persons representative of the
various types of child care facilities in establishing such
standards. The standards prescribed and published under this
Act take effect as provided in the Illinois Administrative
Procedure Act, and are restricted to regulations pertaining to
the following matters and to any rules and regulations required
or permitted by any other Section of this Act:
(1) The operation and conduct of the facility and
responsibility it assumes for child care;
(2) The character, suitability and qualifications of
the applicant and other persons directly responsible for
the care and welfare of children served. All child day care
center licensees and employees who are required to report
child abuse or neglect under the Abused and Neglected Child
Reporting Act shall be required to attend training on
recognizing child abuse and neglect, as prescribed by

Department rules;
(3) The general financial ability and competence of the
applicant to provide necessary care for children and to
maintain prescribed standards;
(4) The number of individuals or staff required to
insure adequate supervision and care of the children
received. The standards shall provide that each child care
institution, maternity center, day care center, group
home, day care home, and group day care home shall have on
its premises during its hours of operation at least one
staff member certified in first aid, in the Heimlich
maneuver and in cardiopulmonary resuscitation by the
American Red Cross or other organization approved by rule
of the Department. Child welfare agencies shall not be
subject to such a staffing requirement. The Department may
offer, or arrange for the offering, on a periodic basis in
each community in this State in cooperation with the
American Red Cross, the American Heart Association or other
appropriate organization, voluntary programs to train
operators of foster family homes and day care homes in
first aid and cardiopulmonary resuscitation;
(5) The appropriateness, safety, cleanliness and
general adequacy of the premises, including maintenance of
adequate fire prevention and health standards conforming
to State laws and municipal codes to provide for the
physical comfort, care and well-being of children

received;
(6) Provisions for food, clothing, educational
opportunities, program, equipment and individual supplies
to assure the healthy physical, mental and spiritual
development of children served;
(7) Provisions to safeguard the legal rights of
children served;
(8) Maintenance of records pertaining to the
admission, progress, health and discharge of children,
including, for day care centers and day care homes, records
indicating each child has been immunized as required by
State regulations. The Department shall require proof that
children enrolled in a facility have been immunized against
Haemophilus Influenzae B (HIB);
(9) Filing of reports with the Department;
(10) Discipline of children;
(11) Protection and fostering of the particular
religious faith of the children served;
(12) Provisions prohibiting firearms on day care
center premises except in the possession of peace officers;
(13) Provisions prohibiting handguns on day care home
premises except in the possession of peace officers or
other adults who must possess a handgun as a condition of
employment and who reside on the premises of a day care
home;
(14) Provisions requiring that any firearm permitted

on day care home premises, except handguns in the
possession of peace officers, shall be kept in a
disassembled state, without ammunition, in locked storage,
inaccessible to children and that ammunition permitted on
day care home premises shall be kept in locked storage
separate from that of disassembled firearms, inaccessible
to children;
(15) Provisions requiring notification of parents or
guardians enrolling children at a day care home of the
presence in the day care home of any firearms and
ammunition and of the arrangements for the separate, locked
storage of such firearms and ammunition; and
(16) Provisions requiring all licensed child care
facility employees who care for newborns and infants to
complete training every 3 years on the nature of sudden
unexpected infant death (SUID), sudden infant death
syndrome (SIDS), and the safe sleep recommendations of the
American Academy of Pediatrics.
(b) If, in a facility for general child care, there are
children diagnosed as mentally ill, intellectually disabled or
physically handicapped, who are determined to be in need of
special mental treatment or of nursing care, or both mental
treatment and nursing care, the Department shall seek the
advice and recommendation of the Department of Human Services,
the Department of Public Health, or both Departments regarding
the residential treatment and nursing care provided by the

institution.
(c) The Department shall investigate any person applying to
be licensed as a foster parent to determine whether there is
any evidence of current drug or alcohol abuse in the
prospective foster family. The Department shall not license a
person as a foster parent if drug or alcohol abuse has been
identified in the foster family or if a reasonable suspicion of
such abuse exists, except that the Department may grant a
foster parent license to an applicant identified with an
alcohol or drug problem if the applicant has successfully
participated in an alcohol or drug treatment program, self-help
group, or other suitable activities.
(d) The Department, in applying standards prescribed and
published, as herein provided, shall offer consultation
through employed staff or other qualified persons to assist
applicants and licensees in meeting and maintaining minimum
requirements for a license and to help them otherwise to
achieve programs of excellence related to the care of children
served. Such consultation shall include providing information
concerning education and training in early childhood
development to providers of day care home services. The
Department may provide or arrange for such education and
training for those providers who request such assistance.
(e) The Department shall distribute copies of licensing
standards to all licensees and applicants for a license. Each
licensee or holder of a permit shall distribute copies of the

appropriate licensing standards and any other information
required by the Department to child care facilities under its
supervision. Each licensee or holder of a permit shall maintain
appropriate documentation of the distribution of the
standards. Such documentation shall be part of the records of
the facility and subject to inspection by authorized
representatives of the Department.
(f) The Department shall prepare summaries of day care
licensing standards. Each licensee or holder of a permit for a
day care facility shall distribute a copy of the appropriate
summary and any other information required by the Department,
to the legal guardian of each child cared for in that facility
at the time when the child is enrolled or initially placed in
the facility. The licensee or holder of a permit for a day care
facility shall secure appropriate documentation of the
distribution of the summary and brochure. Such documentation
shall be a part of the records of the facility and subject to
inspection by an authorized representative of the Department.
(g) The Department shall distribute to each licensee and
holder of a permit copies of the licensing or permit standards
applicable to such person's facility. Each licensee or holder
of a permit shall make available by posting at all times in a
common or otherwise accessible area a complete and current set
of licensing standards in order that all employees of the
facility may have unrestricted access to such standards. All
employees of the facility shall have reviewed the standards and

any subsequent changes. Each licensee or holder of a permit
shall maintain appropriate documentation of the current review
of licensing standards by all employees. Such records shall be
part of the records of the facility and subject to inspection
by authorized representatives of the Department.
(h) Any standards involving physical examinations,
immunization, or medical treatment shall include appropriate
exemptions for children whose parents object thereto on the
grounds that they conflict with the tenets and practices of a
recognized church or religious organization, of which the
parent is an adherent or member, and for children who should
not be subjected to immunization for clinical reasons.
(i) The Department, in cooperation with the Department of
Public Health, shall work to increase immunization awareness
and participation among parents of children enrolled in day
care centers and day care homes by publishing on the
Department's website information about the benefits of
immunization against vaccine preventable diseases, including
influenza and pertussis. The information for vaccine
preventable diseases shall include the incidence and severity
of the diseases, the availability of vaccines, and the
importance of immunizing children and persons who frequently
have close contact with children. The website content shall be
reviewed annually in collaboration with the Department of
Public Health to reflect the most current recommendations of
the Advisory Committee on Immunization Practices (ACIP). The

Department shall work with day care centers and day care homes
licensed under this Act to ensure that the information is
annually distributed to parents in August or September.
(Source: P.A. 96-391, eff. 8-13-09; 97-83, eff. 1-1-12; 97-227,
eff. 1-1-12; 97-494, eff. 8-22-11; revised 10-4-11.)
Section 395. The Illinois Dental Practice Act is amended by
changing Section 23 as follows:
(225 ILCS 25/23) (from Ch. 111, par. 2323)
(Section scheduled to be repealed on January 1, 2016)
Sec. 23. Refusal, revocation or suspension of dental
licenses. The Department may refuse to issue or 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 per violation, with
regard to any license for any one or any combination of the
following causes:
1. Fraud in procuring the license.
2. Habitual intoxication or addiction to the use of
drugs.
3. Willful or repeated violations of the rules of the
Department of Public Health or Department of Nuclear
Safety.
4. Acceptance of a fee for service as a witness,
without the knowledge of the court, in addition to the fee

allowed by the court.
5. Division of fees or agreeing to split or divide the
fees received for dental services with any person for
bringing or referring a patient, except in regard to
referral services as provided for under Section 45, or
assisting in the care or treatment of a patient, without
the knowledge of the patient or his legal representative.
Nothing in this item 5 affects any bona fide independent
contractor or employment arrangements among health care
professionals, health facilities, health care providers,
or other entities, except as otherwise prohibited by law.
Any employment arrangements may include provisions for
compensation, health insurance, pension, or other
employment benefits for the provision of services within
the scope of the licensee's practice under this Act.
Nothing in this item 5 shall be construed to require an
employment arrangement to receive professional fees for
services rendered.
6. Employing, procuring, inducing, aiding or abetting
a person not licensed or registered as a dentist to engage
in the practice of dentistry. The person practiced upon is
not an accomplice, employer, procurer, inducer, aider, or
abetter within the meaning of this Act.
7. Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade or induce
dental patronage.

8. Professional connection or association with or
lending his name to another for the illegal practice of
dentistry by another, or professional connection or
association with any person, firm or corporation holding
himself, herself, themselves, or itself out in any manner
contrary to this Act.
9. Obtaining or seeking to obtain practice, money, or
any other things of value by false or fraudulent
representations, but not limited to, engaging in such
fraudulent practice to defraud the medical assistance
program of the Department of Healthcare and Family Services
(formerly Department of Public Aid).
10. Practicing under a name other than his or her own.
11. Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
12. Conviction in this or another State of any crime
which is a felony under the laws of this State or
conviction of a felony in a federal court, conviction of a
misdemeanor, an essential element of which is dishonesty,
or conviction of any crime which is directly related to the
practice of dentistry or dental hygiene.
13. Permitting a dental hygienist, dental assistant or
other person under his or her supervision to perform any
operation not authorized by this Act.
14. Permitting more than 4 dental hygienists to be

employed under his supervision at any one time.
15. A violation of any provision of this Act or any
rules promulgated under this Act.
16. Taking impressions for or using the services of any
person, firm or corporation violating this Act.
17. Violating any provision of Section 45 relating to
advertising.
18. 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
within this Act.
19. Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
20. Gross or repeated malpractice resulting in injury
or death of a patient.
21. The use or prescription for use of narcotics or
controlled substances or designated products as listed in
the Illinois Controlled Substances Act, in any way other
than for therapeutic purposes.
22. Willfully making or filing false records or reports
in his practice as a dentist, including, but not limited
to, false records to support claims against the dental
assistance program of the Department of Healthcare and
Family Services (formerly Illinois Department of Public
Aid).

23. Professional incompetence as manifested by poor
standards of care.
24. Physical or mental illness, including, but not
limited to, deterioration through the aging process, or
loss of motor skills which results in a dentist's inability
to practice dentistry with reasonable judgment, skill or
safety. In enforcing this paragraph, the Department may
compel a person licensed to practice under this Act to
submit to a mental or physical examination pursuant to the
terms and conditions of Section 23b.
25. Repeated irregularities in billing a third party
for services rendered to a patient. For purposes of this
paragraph 25, "irregularities in billing" shall include:
(a) Reporting excessive charges for the purpose of
obtaining a total payment in excess of that usually
received by the dentist for the services rendered.
(b) Reporting charges for services not rendered.
(c) Incorrectly reporting services rendered for
the purpose of obtaining payment not earned.
26. Continuing the active practice of dentistry while
knowingly having any infectious, communicable, or
contagious disease proscribed by rule or regulation of the
Department.
27. Being named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant
to the Abused and Neglected Child Reporting Act, and upon

proof by clear and convincing evidence 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.
28. Violating the Health Care Worker Self-Referral
Act.
29. Abandonment of a patient.
30. Mental incompetency as declared by a court of
competent jurisdiction.
31. A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper, with regard to a license on any of the
foregoing grounds, must be commenced within 3 years 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 fraud in procuring a license,
no action shall be commenced more than 5 years after the date
of the incident or act alleged to have violated this Section.
The time during which the holder of the license was outside the
State of Illinois shall not be included within any period of
time limiting the commencement of disciplinary action by the
Department.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the

tax, penalty or interest shown in a filed return, or to pay any
final assessment of 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.
(Source: P.A. 96-1482, eff. 11-29-10; 97-102, eff. 7-14-11;
revised 9-15-11.)
Section 400. The Health Care Worker Background Check Act is
amended by changing Section 15 as follows:
(225 ILCS 46/15)
Sec. 15. Definitions. In this Act:
"Applicant" means an individual seeking employment with a
health care employer who has received a bona fide conditional
offer of employment.
"Conditional offer of employment" means a bona fide offer
of employment by a health care employer to an applicant, which
is contingent upon the receipt of a report from the Department
of Public Health indicating that the applicant does not have a
record of conviction of any of the criminal offenses enumerated
in Section 25.
"Direct care" means the provision of nursing care or
assistance with feeding, dressing, movement, bathing,
toileting, or other personal needs, including home services as
defined in the Home Health, Home Services, and Home Nursing

Agency Licensing Act. The entity responsible for inspecting and
licensing, certifying, or registering the health care employer
may, by administrative rule, prescribe guidelines for
interpreting this definition with regard to the health care
employers that it licenses.
"Disqualifying offenses" means those offenses set forth in
Section 25 of this Act.
"Employee" means any individual hired, employed, or
retained to which this Act applies.
"Fingerprint-based criminal history records check" means a
livescan fingerprint-based criminal history records check
submitted as a fee applicant inquiry in the form and manner
prescribed by the Department of State Police.
"Health care employer" means:
(1) the owner or licensee of any of the following:
(i) a community living facility, as defined in the
Community Living Facilities Act;
(ii) a life care facility, as defined in the Life
Care Facilities Act;
(iii) a long-term care facility;
(iv) a home health agency, home services agency, or
home nursing agency as defined in the Home Health, Home
Services, and Home Nursing Agency Licensing Act;
(v) a hospice care program or volunteer hospice
program, as defined in the Hospice Program Licensing
Act;

(vi) a hospital, as defined in the Hospital
Licensing Act;
(vii) (blank);
(viii) a nurse agency, as defined in the Nurse
Agency Licensing Act;
(ix) a respite care provider, as defined in the
Respite Program Act;
(ix-a) an establishment licensed under the
Assisted Living and Shared Housing Act;
(x) a supportive living program, as defined in the
Illinois Public Aid Code;
(xi) early childhood intervention programs as
described in 59 Ill. Adm. Code 121;
(xii) the University of Illinois Hospital,
Chicago;
(xiii) programs funded by the Department on Aging
through the Community Care Program;
(xiv) programs certified to participate in the
Supportive Living Program authorized pursuant to
Section 5-5.01a of the Illinois Public Aid Code;
(xv) programs listed by the Emergency Medical
Services (EMS) Systems Act as Freestanding Emergency
Centers;
(xvi) locations licensed under the Alternative
Health Care Delivery Act;
(2) a day training program certified by the Department

of Human Services;
(3) a community integrated living arrangement operated
by a community mental health and developmental service
agency, as defined in the Community-Integrated Living
Arrangements Licensing and Certification Act; or
(4) the State Long Term Care Ombudsman Program,
including any regional long term care ombudsman programs
under Section 4.04 of the Illinois Act on the Aging, only
for the purpose of securing background checks.
"Initiate" means obtaining from a student, applicant, or
employee his or her social security number, demographics, a
disclosure statement, and an authorization for the Department
of Public Health or its designee to request a fingerprint-based
criminal history records check; transmitting this information
electronically to the Department of Public Health; conducting
Internet searches on certain web sites, including without
limitation the Illinois Sex Offender Registry, the Department
of Corrections' Sex Offender Search Engine, the Department of
Corrections' Inmate Search Engine, the Department of
Corrections Wanted Fugitives Search Engine, the National Sex
Offender Public Registry, and the website of the Health and
Human Services Office of Inspector General to determine if the
applicant has been adjudicated a sex offender, has been a
prison inmate, or has committed Medicare or Medicaid fraud, or
conducting similar searches as defined by rule; and having the
student, applicant, or employee's fingerprints collected and

transmitted electronically to the Department of State Police.
"Livescan vendor" means an entity whose equipment has been
certified by the Department of State Police to collect an
individual's demographics and inkless fingerprints and, in a
manner prescribed by the Department of State Police and the
Department of Public Health, electronically transmit the
fingerprints and required data to the Department of State
Police and a daily file of required data to the Department of
Public Health. The Department of Public Health shall negotiate
a contract with one or more vendors that effectively
demonstrate that the vendor has 2 or more years of experience
transmitting fingerprints electronically to the Department of
State Police and that the vendor can successfully transmit the
required data in a manner prescribed by the Department of
Public Health. Vendor authorization may be further defined by
administrative rule.
"Long-term care facility" means a facility licensed by the
State or certified under federal law as a long-term care
facility, including without limitation facilities licensed
under the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act, a
supportive living facility, an assisted living establishment,
or a shared housing establishment or registered as a board and
care home.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 10-4-11.)

Section 405. The Nurse Practice Act is amended by changing
Sections 50-10, 65-10, and 75-15 as follows:
(225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50-10. Definitions. Each of the following terms, when
used in this Act, shall have the meaning ascribed to it in this
Section, except where the context clearly indicates otherwise:
"Academic year" means the customary annual schedule of
courses at a college, university, or approved school,
customarily regarded as the school year as distinguished from
the calendar year.
"Advanced practice nurse" or "APN" means a person who has
met the qualifications for a (i) certified nurse midwife (CNM);
(ii) certified nurse practitioner (CNP); (iii) certified
registered nurse anesthetist (CRNA); or (iv) clinical nurse
specialist (CNS) and has been licensed by the Department. All
advanced practice nurses licensed and practicing in the State
of Illinois shall use the title APN and may use specialty
speciality credentials after their name.
"Approved program of professional nursing education" and
"approved program of practical nursing education" are programs
of professional or practical nursing, respectively, approved
by the Department under the provisions of this Act.
"Board" means the Board of Nursing appointed by the

Secretary.
"Collaboration" means a process involving 2 or more health
care professionals working together, each contributing one's
respective area of expertise to provide more comprehensive
patient care.
"Consultation" means the process whereby an advanced
practice nurse seeks the advice or opinion of another health
care professional.
"Credentialed" means the process of assessing and
validating the qualifications of a health care professional.
"Current nursing practice update course" means a planned
nursing education curriculum approved by the Department
consisting of activities that have educational objectives,
instructional methods, content or subject matter, clinical
practice, and evaluation methods, related to basic review and
updating content and specifically planned for those nurses
previously licensed in the United States or its territories and
preparing for reentry into nursing practice.
"Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
"Department" means the Department of Financial and
Professional Regulation.
"Impaired nurse" means a nurse licensed under this Act who
is unable to practice with reasonable skill and safety because
of a physical or mental disability as evidenced by a written
determination or written consent based on clinical evidence,

including loss of motor skills, abuse of drugs or alcohol, or a
psychiatric disorder, of sufficient degree to diminish his or
her ability to deliver competent patient care.
"License-pending advanced practice nurse" means a
registered professional nurse who has completed all
requirements for licensure as an advanced practice nurse except
the certification examination and has applied to take the next
available certification exam and received a temporary license
from the Department.
"License-pending registered nurse" means a person who has
passed the Department-approved registered nurse licensure exam
and has applied for a license from the Department. A
license-pending registered nurse shall use the title "RN lic
pend" on all documentation related to nursing practice.
"Physician" means a person licensed to practice medicine in
all its branches under the Medical Practice Act of 1987.
"Podiatrist" means a person licensed to practice podiatry
under the Podiatric Medical Practice Act of 1987.
"Practical nurse" or "licensed practical nurse" means a
person who is licensed as a practical nurse under this Act and
practices practical nursing as defined in this Act. Only a
practical nurse licensed under this Act is entitled to use the
title "licensed practical nurse" and the abbreviation
"L.P.N.".
"Practical nursing" means the performance of nursing acts
requiring the basic nursing knowledge, judgement, and skill

acquired by means of completion of an approved practical
nursing education program. Practical nursing includes
assisting in the nursing process as delegated by a registered
professional nurse or an advanced practice nurse. The practical
nurse may work under the direction of a licensed physician,
dentist, podiatrist, or other health care professional
determined by the Department.
"Privileged" means the authorization granted by the
governing body of a healthcare facility, agency, or
organization to provide specific patient care services within
well-defined limits, based on qualifications reviewed in the
credentialing process.
"Registered Nurse" or "Registered Professional Nurse"
means a person who is licensed as a professional nurse under
this Act and practices nursing as defined in this Act. Only a
registered nurse licensed under this Act is entitled to use the
titles "registered nurse" and "registered professional nurse"
and the abbreviation, "R.N.".
"Registered professional nursing practice" is a scientific
process founded on a professional body of knowledge; it is a
learned profession based on the understanding of the human
condition across the life span and environment and includes all
nursing specialties specialities and means the performance of
any nursing act based upon professional knowledge, judgment,
and skills acquired by means of completion of an approved
professional nursing education program. A registered

professional nurse provides holistic nursing care through the
nursing process to individuals, groups, families, or
communities, that includes but is not limited to: (1) the
assessment of healthcare needs, nursing diagnosis, planning,
implementation, and nursing evaluation; (2) the promotion,
maintenance, and restoration of health; (3) counseling,
patient education, health education, and patient advocacy; (4)
the administration of medications and treatments as prescribed
by a physician licensed to practice medicine in all of its
branches, a licensed dentist, a licensed podiatrist, or a
licensed optometrist or as prescribed by a physician assistant
in accordance with written guidelines required under the
Physician Assistant Practice Act of 1987 or by an advanced
practice nurse in accordance with Article 65 of this Act; (5)
the coordination and management of the nursing plan of care;
(6) the delegation to and supervision of individuals who assist
the registered professional nurse implementing the plan of
care; and (7) teaching nursing students. The foregoing shall
not be deemed to include those acts of medical diagnosis or
prescription of therapeutic or corrective measures.
"Professional assistance program for nurses" means a
professional assistance program that meets criteria
established by the Board of Nursing and approved by the
Secretary, which provides a non-disciplinary treatment
approach for nurses licensed under this Act whose ability to
practice is compromised by alcohol or chemical substance

addiction.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Unencumbered license" means a license issued in good
standing.
"Written collaborative agreement" means a written
agreement between an advanced practice nurse and a
collaborating physician, dentist, or podiatrist pursuant to
Section 65-35.
(Source: P.A. 95-639, eff. 10-5-07; revised 11-18-11.)
(225 ILCS 65/65-10) (was 225 ILCS 65/15-13)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-10. APN license pending status.
(a) A graduate of an advanced practice nursing program may
practice in the State of Illinois in the role of certified
clinical nurse specialist, certified nurse midwife, certified
nurse practitioner, or certified registered nurse anesthetist
for not longer than 6 months provided he or she submits all of
the following:
(1) An application for licensure as an advanced
practice nurse in Illinois and all fees established by
rule.
(2) Proof of an application to take the national
certification examination in the specialty.
(3) Proof of completion of a graduate advanced practice

education program that allows the applicant to be eligible
for national certification in a clinical advanced practice
nursing specialty speciality and that allows the applicant
to be eligible for licensure in Illinois in the area of his
or her specialty.
(4) Proof that he or she is licensed in Illinois as a
registered professional nurse.
(b) License pending status shall preclude delegation of
prescriptive authority.
(c) A graduate practicing in accordance with this Section
must use the title "license pending certified clinical nurse
specialist", "license pending certified nurse midwife",
"license pending certified nurse practitioner", or "license
pending certified registered nurse anesthetist", whichever is
applicable.
(Source: P.A. 95-639, eff. 10-5-07; revised 11-18-11.)
(225 ILCS 65/75-15) (was 225 ILCS 65/17-15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 75-15. Center for Nursing Advisory Board.
(a) There is created the Center for Nursing Advisory Board,
which shall consist of 11 members appointed by the Governor,
with 6 members of the Advisory Board being nurses
representative of various nursing specialty areas. The other 5
members may include representatives of associations, health
care providers, nursing educators, and consumers. The Advisory

Board shall be chaired by the Nursing Act Coordinator, who
shall be a voting member of the Advisory Board.
(b) The membership of the Advisory Board shall reasonably
reflect representation from the geographic areas in this State.
(c) Members of the Advisory Board appointed by the Governor
shall serve for terms of 4 years, with no member serving more
than 10 successive years, except that, initially, 4 members
shall be appointed to the Advisory Board for terms that expire
on June 30, 2009, 4 members shall be appointed to the Advisory
Board for terms that expire on June 30, 2008, and 3 members
shall be appointed to the Advisory Board for terms that expire
on June 30, 2007. A member shall serve until his or her
successor is appointed and has qualified. Vacancies shall be
filled in the same manner as original appointments, and any
member so appointed shall serve during the remainder of the
term for which the vacancy occurred.
(d) A quorum of the Advisory Board shall consist of a
majority of Advisory Board members currently serving. A
majority vote of the quorum is required for Advisory Board
decisions. A vacancy in the membership of the Advisory Board
shall not impair the right of a quorum to exercise all of the
rights and perform all of the duties of the Advisory Board.
(e) The Governor may remove any appointed member of the
Advisory Board for misconduct, incapacity, or neglect of duty
and shall be the sole judge of the sufficiency of the cause for
removal.

(f) Members of the Advisory Board are immune from suit in
any action based upon any activities performed in good faith as
members of the Advisory Board.
(g) (e) Members of the Advisory Board shall not receive
compensation, but shall be reimbursed for actual traveling,
incidentals, and expenses necessarily incurred in carrying out
their duties as members of the Advisory Board, as approved by
the Department.
(Source: P.A. 94-1020, eff. 7-11-06; 95-639, eff. 10-5-07;
revised 11-18-11.)
Section 410. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by changing Section 4 as follows:
(225 ILCS 70/4) (from Ch. 111, par. 3654)
(Section scheduled to be repealed on January 1, 2018)
Sec. 4. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
(1) "Act" means the Nursing Home Administrators
Licensing and Disciplinary Act.
(2) "Department" means the Department of Financial and
Professional Regulation.
(3) "Secretary" means the Secretary of Financial and
Professional Regulation.
(4) "Board" means the Nursing Home Administrators

Licensing and Disciplinary Board appointed by the
Governor.
(5) "Nursing home administrator" means the individual
licensed under this Act and directly responsible for
planning, organizing, directing and supervising the
operation of a nursing home, or who in fact performs such
functions, whether or not such functions are delegated to
one or more other persons.
(6) "Nursing home" or "facility" means any entity that
is required to be licensed by the Department of Public
Health under the Nursing Home Care Act, as amended, other
than a sheltered care home as defined thereunder, and
includes private homes, institutions, buildings,
residences, or other places, whether operated for profit or
not, irrespective of the names attributed to them, county
homes for the infirm and chronically ill operated pursuant
to the County Nursing Home Act, as amended, and any similar
institutions operated by a political subdivision of the
State of Illinois that provide, though their ownership or
management, maintenance, personal care, and nursing for 3
or more persons, not related to the owner by blood or
marriage, or any similar facilities in which maintenance is
provided to 3 or more persons who by reason of illness of
physical infirmity require personal care and nursing. The
term also means any facility licensed under the ID/DD
Community Care Act or the Specialized Mental Health

Rehabilitation Act.
(7) "Maintenance" means food, shelter and laundry.
(8) "Personal care" means assistance with meals,
dressing, movement, bathing, or other personal needs, or
general supervision of the physical and mental well-being
of an individual who because of age, physical, or mental
disability, emotion or behavior disorder, or an
intellectual disability is incapable of managing his or her
person, whether or not a guardian has been appointed for
such individual. For the purposes of this Act, this
definition does not include the professional services of a
nurse.
(9) "Nursing" means professional nursing or practical
nursing, as those terms are defined in the Nurse Practice
Act, for sick or infirm persons who are under the care and
supervision of licensed physicians or dentists.
(10) "Disciplinary action" means revocation,
suspension, probation, supervision, reprimand, required
education, fines or any other action taken by the
Department against a person holding a license.
(11) "Impaired" means the inability to practice with
reasonable skill and safety due to physical or mental
disabilities as evidenced by a written determination or
written consent based on clinical evidence including
deterioration through the aging process or loss of motor
skill, or abuse of drugs or alcohol, of sufficient degree

to diminish a person's ability to administer a nursing
home.
(12) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file maintained by the
Department's licensure maintenance unit. It is the duty of
the applicant or licensee to inform the Department of any
change of address, and such changes must be made either
through the Department's website or by contacting the
Department's licensure maintenance unit.
(Source: P.A. 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; 97-38,
eff. 6-28-11; 97-227, eff. 1-1-12; revised 10-4-11.)
Section 415. The Pharmacy Practice Act is amended by
changing Section 3 as follows:
(225 ILCS 85/3)
(Section scheduled to be repealed on January 1, 2018)
Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where
pharmacist care is provided by a pharmacist (1) where drugs,
medicines, or poisons are dispensed, sold or offered for sale
at retail, or displayed for sale at retail; or (2) where
prescriptions of physicians, dentists, advanced practice

nurses, physician assistants, veterinarians, 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
(USP/NF), or any supplement thereto and being intended for and
having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration, but
does not include devices or their components, parts, or
accessories; and (2) all other articles intended for and having
for their main use the diagnosis, cure, mitigation, treatment
or prevention of disease in man or other animals, as approved
by the United States Food and Drug Administration, but does not
include devices or their components, parts, or accessories; and
(3) articles (other than food) having for their main use and

intended to affect the structure or any function of the body of
man or other animals; and (4) articles having for their main
use and intended for use as a component or any articles
specified in clause (l), (2) or (3); but does not include
devices or their components, parts or accessories.
(c) "Medicines" means and includes all drugs intended for
human or veterinary use approved by the United States Food and
Drug Administration.
(d) "Practice of pharmacy" means (1) the interpretation and
the provision of assistance in the monitoring, evaluation, and
implementation of prescription drug orders; (2) the dispensing
of prescription drug orders; (3) participation in drug and
device selection; (4) drug administration limited to the
administration of oral, topical, injectable, and inhalation as
follows: in the context of patient education on the proper use
or delivery of medications; vaccination of patients 14 years of
age and older pursuant to a valid prescription or standing
order, by a physician licensed to practice medicine in all its
branches, upon completion of appropriate training, including
how to address contraindications and adverse reactions set
forth by rule, with notification to the patient's physician and
appropriate record retention, or pursuant to hospital pharmacy
and therapeutics committee policies and procedures; (5) 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
subsection (f) of Section 4, or by an advanced practice nurse
in accordance with subsection (g) of Section 4, containing the
following: (l) name of the patient; (2) date when prescription
was issued; (3) name and strength of drug or description of the
medical device prescribed; and (4) quantity; (5) directions for
use; (6) prescriber's name, address, and signature; and (7) DEA
number where required, for controlled substances. The
prescription may, but is not required to, list the illness,
disease, or condition for which the drug or device is being
prescribed. DEA numbers shall not be required on inpatient drug
orders.

(f) "Person" means and includes a natural person,
copartnership, association, corporation, government entity, or
any other legal entity.
(g) "Department" means the Department of Financial and
Professional Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board of
Pharmacy of the Department of Financial and Professional
Regulation.
(i) "Secretary" means the Secretary of Financial and
Professional Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug and
Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act, the ID/DD Community
Care Act, the Specialized Mental Health Rehabilitation Act, or
the Hospital Licensing Act, or "An Act in relation to the
founding and operation of the University of Illinois Hospital
and the conduct of University of Illinois health care
programs", approved July 3, 1931, as amended, or a facility
which is operated by the Department of Human Services (as
successor to the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual health care

professional and provider currently licensed by this State to
engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license and who is responsible
for all aspects of the operation related to the practice of
pharmacy.
(m) "Dispense" or "dispensing" means the interpretation,
evaluation, and implementation of a prescription drug order,
including the preparation and delivery of a drug or device to a
patient or patient's agent in a suitable container
appropriately labeled for subsequent administration to or use
by a patient in accordance with applicable State and federal
laws and regulations. "Dispense" or "dispensing" does not mean
the physical delivery to a patient or a patient's
representative in a home or institution by a designee of a
pharmacist or by common carrier. "Dispense" or "dispensing"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the
pharmacist is on duty and the pharmacy is open.
(n) "Nonresident pharmacy" means a pharmacy that is located
in a state, commonwealth, or territory of the United States,
other than Illinois, that delivers, dispenses, or distributes,
through the United States Postal Service, commercially
acceptable parcel delivery service, or other common carrier, to
Illinois residents, any substance which requires a

prescription.
(o) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if all of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(p) (Blank).
(q) (Blank).
(r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the supervision of a
pharmacist and a patient or the patient's representative about
the patient's medication or device for the purpose of
optimizing proper use of prescription medications or devices.
"Patient counseling" may include without limitation (1)
obtaining a medication history; (2) acquiring a patient's

allergies and health conditions; (3) facilitation of the
patient's understanding of the intended use of the medication;
(4) proper directions for use; (5) significant potential
adverse events; (6) potential food-drug interactions; and (7)
the need to be compliant with the medication therapy. A
pharmacy technician may only participate in the following
aspects of patient counseling under the supervision of a
pharmacist: (1) obtaining medication history; (2) providing
the offer for counseling by a pharmacist or student pharmacist;
and (3) acquiring a patient's allergies and health conditions.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription information, including prescriptions for
controlled substances, and personal information.
(t) (Blank).
(u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent, or
other similar or related article, including any component part
or accessory, required under federal law to bear the label
"Caution: Federal law requires dispensing by or on the order of
a physician". A seller of goods and services who, only for the
purpose of retail sales, compounds, sells, rents, or leases
medical devices shall not, by reasons thereof, be required to
be a licensed pharmacy.
(v) "Unique identifier" means an electronic signature,
handwritten signature or initials, thumb print, or other

acceptable biometric or electronic identification process as
approved by the Department.
(w) "Current usual and customary retail price" means the
price that a pharmacy charges to a non-third-party payor.
(x) "Automated pharmacy system" means a mechanical system
located within the confines of the pharmacy or remote location
that performs operations or activities, other than compounding
or administration, relative to storage, packaging, dispensing,
or distribution of medication, and which collects, controls,
and maintains all transaction information.
(y) "Drug regimen review" means and includes the evaluation
of prescription drug orders and patient records for (1) known
allergies; (2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as age,
gender, and contraindications; (4) reasonable directions for
use; (5) potential or actual adverse drug reactions; (6)
drug-drug interactions; (7) drug-food interactions; (8)
drug-disease contraindications; (9) therapeutic duplication;
(10) patient laboratory values when authorized and available;
(11) proper utilization (including over or under utilization)
and optimum therapeutic outcomes; and (12) abuse and misuse.
(z) "Electronic transmission prescription" means any
prescription order for which a facsimile or electronic image of
the order is electronically transmitted from a licensed
prescriber to a pharmacy. "Electronic transmission

prescription" includes both data and image prescriptions.
(aa) "Medication therapy management services" means a
distinct service or group of services offered by licensed
pharmacists, physicians licensed to practice medicine in all
its branches, advanced practice nurses authorized in a written
agreement with a physician licensed to practice medicine in all
its branches, or physician assistants authorized in guidelines
by a supervising physician that optimize therapeutic outcomes
for individual patients through improved medication use. In a
retail or other non-hospital pharmacy, medication therapy
management services shall consist of the evaluation of
prescription drug orders and patient medication records to
resolve conflicts with the following:
(1) known allergies;
(2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as
age, gender, and contraindications;
(4) reasonable directions for use;
(5) potential or actual adverse drug reactions;
(6) drug-drug interactions;
(7) drug-food interactions;
(8) drug-disease contraindications;
(9) identification of therapeutic duplication;
(10) patient laboratory values when authorized and
available;

(11) proper utilization (including over or under
utilization) and optimum therapeutic outcomes; and
(12) drug abuse and misuse.
"Medication therapy management services" includes the
following:
(1) documenting the services delivered and
communicating the information provided to patients'
prescribers within an appropriate time frame, not to exceed
48 hours;
(2) providing patient counseling designed to enhance a
patient's understanding and the appropriate use of his or
her medications; and
(3) providing information, support services, and
resources designed to enhance a patient's adherence with
his or her prescribed therapeutic regimens.
"Medication therapy management services" may also include
patient care functions authorized by a physician licensed to
practice medicine in all its branches for his or her identified
patient or groups of patients under specified conditions or
limitations in a standing order from the physician.
"Medication therapy management services" in a licensed
hospital may also include the following:
(1) reviewing assessments of the patient's health
status; and
(2) following protocols of a hospital pharmacy and
therapeutics committee with respect to the fulfillment of

medication orders.
(bb) "Pharmacist care" means the provision by a pharmacist
of medication therapy management services, with or without the
dispensing of drugs or devices, intended to achieve outcomes
that improve patient health, quality of life, and comfort and
enhance patient safety.
(cc) "Protected health information" means individually
identifiable health information that, except as otherwise
provided, is:
(1) transmitted by electronic media;
(2) maintained in any medium set forth in the
definition of "electronic media" in the federal Health
Insurance Portability and Accountability Act; or
(3) transmitted or maintained in any other form or
medium.
"Protected health information" does not include individually
identifiable health information found in:
(1) education records covered by the federal Family
Educational Right and Privacy Act; or
(2) employment records held by a licensee in its role
as an employer.
(dd) "Standing order" means a specific order for a patient
or group of patients issued by a physician licensed to practice
medicine in all its branches in Illinois.
(ee) "Address of record" means the address recorded by the
Department in the applicant's or licensee's application file or

license file, as maintained by the Department's licensure
maintenance unit.
(ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
(Source: P.A. 96-339, eff. 7-1-10; 96-673, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1353, eff. 7-28-10; 97-38, eff.
6-28-11; 97-227, eff. 1-1-12; revised 10-4-11.)
Section 420. The Podiatric Medical Practice Act of 1987 is
amended by changing Sections 20.5, 24, and 24.2 as follows:
(225 ILCS 100/20.5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 20.5. Delegation of authority to advanced practice
nurses.
(a) A podiatrist in active clinical practice may
collaborate with an advanced practice nurse in accordance with
the requirements of the Nurse Practice Act. Collaboration shall
be for the purpose of providing podiatric consultation and no
employment relationship shall be required. A written
collaborative agreement shall conform to the requirements of
Section 65-35 of the Nurse Practice Act. The written
collaborative agreement shall be for services the
collaborating podiatrist generally provides to his or her
patients in the normal course of clinical podiatric practice,
except as set forth in item (3) of this subsection (a). A

written collaborative agreement and podiatric collaboration
and consultation shall be adequate with respect to advanced
practice nurses if all of the following apply:
(1) The agreement is written to promote the exercise of
professional judgment by the advanced practice nurse
commensurate with his or her education and experience. The
agreement need not describe the exact steps that an
advanced practice nurse must take with respect to each
specific condition, disease, or symptom, but must specify
which procedures require a podiatrist's presence as the
procedures are being performed.
(2) Practice guidelines and orders are developed and
approved jointly by the advanced practice nurse and
collaborating podiatrist, as needed, based on the practice
of the practitioners. Such guidelines and orders and the
patient services provided thereunder are periodically
reviewed by the collaborating podiatrist.
(3) The advance practice nurse provides services that
the collaborating podiatrist generally provides to his or
her patients in the normal course of clinical practice.
With respect to the provision of anesthesia services by a
certified registered nurse anesthetist, the collaborating
podiatrist must have training and experience in the
delivery of anesthesia consistent with Department rules.
(4) The collaborating podiatrist and the advanced
practice nurse consult at least once a month to provide

collaboration and consultation.
(5) Methods of communication are available with the
collaborating podiatrist in person or through
telecommunications for consultation, collaboration, and
referral as needed to address patient care needs.
(6) With respect to the provision of anesthesia
services by a certified registered nurse anesthetist, an
anesthesiologist, physician, or podiatrist shall
participate through discussion of and agreement with the
anesthesia plan and shall remain physically present and be
available on the premises during the delivery of anesthesia
services for diagnosis, consultation, and treatment of
emergency medical conditions. The anesthesiologist or
operating podiatrist must agree with the anesthesia plan
prior to the delivery of services.
(7) The agreement contains provisions detailing notice
for termination or change of status involving a written
collaborative agreement, except when such notice is given
for just cause.
(b) The collaborating podiatrist shall have access to the
records of all patients attended to by an advanced practice
nurse.
(c) Nothing in this Section shall be construed to limit the
delegation of tasks or duties by a podiatrist to a licensed
practical nurse, a registered professional nurse, or other
appropriately trained persons.

(d) A podiatrist shall not be liable for the acts or
omissions of an advanced practice nurse solely on the basis of
having signed guidelines or a collaborative agreement, an
order, a standing order, a standing delegation order, or other
order or guideline authorizing an advanced practice nurse to
perform acts, unless the podiatrist has reason to believe the
advanced practice nurse lacked the competency to perform the
act or acts or commits willful or wanton misconduct.
(e) (f) A podiatrist, may, but is not required to delegate
prescriptive authority to an advanced practice nurse as part of
a written collaborative agreement and the delegation of
prescriptive authority shall conform to the requirements of
Section 65-40 of the Nurse Practice Act.
(Source: P.A. 96-618, eff. 1-1-10; 97-358, eff. 8-12-11;
revised 11-18-11.)
(225 ILCS 100/24) (from Ch. 111, par. 4824)
(Section scheduled to be repealed on January 1, 2018)
Sec. 24. Grounds for disciplinary action. The Department
may refuse to issue, may refuse to renew, may refuse to
restore, may suspend, or may revoke any license, or may place
on probation, reprimand or take other disciplinary or
non-disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 for each violation upon
anyone licensed under this Act for any of the following
reasons:

(1) Making a material misstatement in furnishing
information to the Department.
(2) Violations of this Act, or of the rules or
regulations promulgated hereunder.
(3) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory of the United
States that is a misdemeanor, of which an essential element
is dishonesty, or of any crime that is directly related to
the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act
or the rules promulgated thereunder pertaining to
advertising.
(5) Professional incompetence.
(6) Gross or repeated malpractice or negligence.
(7) Aiding or assisting another person in violating any
provision of this Act or rules.
(8) Failing, within 30 days, to provide information in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(10) Habitual or excessive use of alcohol, narcotics,
stimulants or other chemical agent or drug that results in
the inability to practice podiatric medicine with

reasonable judgment, skill or safety.
(11) Discipline by another United States jurisdiction
if at least one of the grounds for the discipline is the
same or substantially equivalent to those set forth in this
Section.
(12) Violation of the prohibition against fee
splitting in Section 24.2 of this Act. , Nothing in this
paragraph (12) affects any bona fide independent
contractor or employment arrangements among health care
professionals, health facilities, health care providers,
or other entities, except as otherwise prohibited by law.
Any employment arrangements may include provisions for
compensation, health insurance, pension, or other
employment benefits for the provision of services within
the scope of the licensee's practice under this Act.
Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) A finding by the Podiatric Medical Licensing Board
that the licensee, after having his or her license placed
on probationary status, has violated the terms of
probation.
(14) Abandonment of a patient.
(15) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with state agencies or departments.

(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Report Act.
(17) Physical illness, mental illness, or other
impairment, including but not limited to, deterioration
through the aging process, or loss of motor skill that
results in the inability to practice the profession with
reasonable judgment, skill or safety.
(18) Solicitation of professional services other than
permitted advertising.
(19) The determination by a circuit court that a
licensed podiatric physician is subject to involuntary
admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code operates as an
automatic suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and issues an
order so finding and discharging the patient; and upon the
recommendation of the Podiatric Medical Licensing Board to
the Secretary that the licensee be allowed to resume his or
her practice.
(20) Holding oneself out to treat human ailments under
any name other than his or her own, or the impersonation of
any other physician.
(21) Revocation or suspension or other action taken
with respect to a podiatric medical license in another

jurisdiction that would constitute disciplinary action
under this Act.
(22) 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
podiatric physician.
(23) Gross, willful, and continued overcharging for
professional services including filing false statements
for collection of fees for those services, including, but
not limited to, filing false statement 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 or other private or public
third party payor.
(24) 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.
(25) Willfully making or filing false records or
reports in the practice of podiatric medicine, 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.
(26) (Blank).
(27) Immoral conduct in the commission of any act
including, sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(28) Violation of the Health Care Worker Self-Referral
Act.
(29) Failure to report to the Department any adverse
final action taken against him or her by another licensing
jurisdiction (another state or a territory of the United
States or a foreign state or country) by a peer review
body, by any health care institution, by a professional
society or association related to practice under this Act,
by a governmental agency, by a law enforcement agency, or
by a court for acts or conduct similar to acts or conduct
that would constitute grounds for action as defined in this
Section.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of 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.
Upon receipt of a written communication from the Secretary

of Human Services, the Director of Healthcare and Family
Services (formerly Director of Public Aid), or the Director of
Public Health that continuation of practice of a person
licensed under this Act constitutes an immediate danger to the
public, the Secretary may immediately suspend the license of
such person without a hearing. 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
Board within 15 days after such suspension and completed
without appreciable delay, such hearing held to determine
whether to recommend to the Secretary that the person's license
be revoked, suspended, placed on probationary status or
reinstated, or such person be subject to other disciplinary
action. In such hearing, the written communication and any
other evidence submitted therewith may be introduced as
evidence against such person; provided, however, the person or
his counsel shall have the opportunity to discredit or impeach
such evidence and submit evidence rebutting the same.
Except for fraud in procuring a license, all proceedings to
suspend, revoke, place on probationary status, or take any
other disciplinary action as the Department may deem proper,
with regard to a license on any of the foregoing grounds, must
be commenced within 5 years after receipt by the Department of
a complaint alleging the commission of or notice of the
conviction order for any of the acts described in this Section.
Except for the grounds set forth in items (8), (9), (26), and

(29) of this Section, no action shall be commenced more than 10
years after the date of the incident or act alleged to have
been a violation of this Section. 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 26 of this
Act of such settlement or final judgment in which to
investigate and commence formal disciplinary proceedings under
Section 24 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.
In enforcing this Section, the Department or Board upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or

statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until the individual submits to the examination if the
Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual

shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 95-235, eff. 8-17-07; 95-331, eff. 8-21-07;
96-1158, eff. 1-1-11; 96-1482, eff. 11-29-10; revised 1-3-11.)
(225 ILCS 100/24.2)
(Section scheduled to be repealed on January 1, 2018)
Sec. 24.2. Prohibition against fee splitting.
(a) A licensee under this Act may not directly or
indirectly divide, share, or split any professional fee or
other form of compensation for professional services with
anyone in exchange for a referral or otherwise, other than as

provided in this Section 24.2.
(b) Nothing contained in this Section abrogates the right
of 2 or more licensed health care workers as defined in the
Health Care Worker Self-Referral Act to each receive adequate
compensation for concurrently rendering services to a patient
and to divide the fee for such service, whether or not the
worker is employed, provided that the patient has full
knowledge of the division and the division is made in
proportion to the actual services personally performed and
responsibility assumed by each licensee consistent with his or
her license, except as prohibited by law.
(c) Nothing contained in this Section prohibits a licensee
under this Act from practicing podiatry through or within any
form of legal entity authorized to conduct business in this
State or from pooling, sharing, dividing, or apportioning the
professional fees and other revenues in accordance with the
agreements and policies of the entity provided:
(1) each owner of the entity is licensed under this
Act; or
(2) the entity is organized under the Professional
Services Corporation Act, the Professional Association
Act, or the Limited Liability Company Act; or
(3) the entity is allowed by Illinois law to provide
podiatry services or employ podiatrists such as a licensed
hospital or hospital affiliate or licensed ambulatory
surgical treatment center owned in full or in part by

Illinois-licensed physicians; or
(4) the entity is a combination or joint venture of the
entities authorized under this subsection (c).
(d) Nothing contained in this Section prohibits a licensee
under this Act from paying a fair market value fee to any
person or entity whose purpose is to perform billing,
administrative preparation, or collection services based upon
a percentage of professional service fees billed or collected,
a flat fee, or any other arrangement that directly or
indirectly divides professional fees, for the administrative
preparation of the licensee's claims or the collection of the
licensee's charges for professional services, provided that:
(1) the licensee or the licensee's practice under
subsection (c) of this Section at all times controls the
amount of fees charged and collected; and
(2) all charges collected are paid directly to the
licensee or the licensee's practice or are deposited
directly into an account in the name of and under the sole
control of the licensee or the licensee's practice or
deposited into a "Trust Account" by a licensed collection
agency in accordance with the requirements of Section 8(c)
of the Illinois Collection Agency Act.
(e) Nothing contained in this Section prohibits the
granting of a security interest in the accounts receivable or
fees of a licensee under this Act or the licensee's practice
for bona fide advances made to the licensee or licensee's

practice provided the licensee retains control and
responsibility for the collection of the accounts receivable
and fees.
(f) Excluding payments that may be made to the owners of or
licensees in the licensee's practice under subsection (c) of
this Section, a licensee under this Act may not divide, share
or split a professional service fee with, or otherwise directly
or indirectly pay a percentage of the licensee's professional
service fees, revenues or profits to anyone for: (i) the
marketing or management of the licensee's practice, (ii)
including the licensee or the licensee's practice on any
preferred provider list, (iii) allowing the licensee to
participate in any network of health care providers, (iv)
negotiating fees, charges or terms of service or payment on
behalf of the licensee, or (v) including the licensee in a
program whereby patients or beneficiaries are provided an
incentive to use the services of the licensee.
(g) Nothing contained in this Section prohibits the payment
of rent or other remunerations paid to an individual,
partnership, or corporation by a licensee for the lease,
rental, or use of space, owned or controlled by the individual,
partnership, corporation, or association.
(h) Nothing contained in this Section prohibits the
payment, at no more than fair market value, to an individual,
partnership, or corporation by a licensee for the use of staff,
administrative services, franchise agreements, marketing

required by franchise agreements, or equipment owned or
controlled by the individual, partnership, or corporation, or
the receipt thereof by a licensee.
(i) Nothing in this Section affects any bona fide
independent contractor or employment arrangements among health
care professionals, health facilities, health care providers,
or other entities, except as otherwise prohibited by law. Any
employment arrangements may include provisions for
compensation, health insurance, pension, or other employment
benefits for the provision of services within the scope of the
licensee's practice under this Act. Nothing in this Section
shall be construed to require an employment arrangement to
receive professional fees for services rendered.
(Source: P.A. 96-1158, eff. 1-1-11; incorporates P.A. 96-1482,
eff. 11-29-11; revised 1-3-11.)
Section 425. The Boxing and Full-contact Martial Arts Act
is amended by changing Section 13 as follows:
(225 ILCS 105/13) (from Ch. 111, par. 5013)
(Section scheduled to be repealed on January 1, 2022)
Sec. 13. Tickets; tax. Tickets to professional or amateur
contests, or a combination of both, shall be printed in such
form as the Department shall prescribe. A certified inventory
of all tickets printed for any professional or amateur contest,
or a combination of both, shall be mailed to the Department by

the promoter not less than 7 days before the contest. The total
number of tickets printed shall not exceed the total seating
capacity of the premises in which the professional or amateur
contest, or a combination of both, is to be held. No tickets of
admission to any professional or amateur contest, or a
combination of both, shall be sold except those declared on an
official ticket inventory as described in this Section.
(a) A promoter who conducts a professional or a combination
of a professional and amateur contest under this Act shall,
within 24 hours after such a contest:
(1) furnish to the Department a written report verified
by the promoter or his authorized designee showing the
number of tickets sold for such a contest or the actual
ticket stubs of tickets sold and the amount of the gross
proceeds thereof; and
(2) pay to the Department a tax of 5% of gross receipts
from the sale of admission tickets, not to exceed $52,500,
to be collected by the Department and placed in the
Athletics Supervision and Regulation Fund, a special fund
created in the State Treasury to be administered by the
Department.
Moneys in the Athletics Supervision and Regulation Fund
shall be used by the Department, subject to appropriation, for
expenses incurred in administering this Act. Moneys in the Fund
may be transferred to the Professions Indirect Cost Fund, as
authorized under Section 2105-300 of the Department of

Professional Regulation Law.
In addition to the payment of any other taxes and money due
under this Section subsection (a), every promoter of a
professional or a combination of a professional and amateur
contest shall pay to the Department 3% of the first $500,000
and 4% thereafter, which shall not exceed $35,000 in total from
the total gross receipts from the sale, lease, or other
exploitation of broadcasting, including, but not limited to,
Internet, cable, television, and motion picture rights for that
professional or professional and amateur combination contest
or exhibition without any deductions for commissions,
brokerage fees, distribution fees, advertising, professional
contestants' purses, or any other expenses or charges. These
fees shall be paid to the Department within 72 hours after the
broadcast of the contest and placed in the Athletics
Supervision and Regulation Fund.
(Source: P.A. 97-119, eff. 7-14-11; revised 11-18-11.)
Section 430. The Wholesale Drug Distribution Licensing Act
is amended by changing Section 55 as follows:
(225 ILCS 120/55) (from Ch. 111, par. 8301-55)
(Section scheduled to be repealed on January 1, 2013)
Sec. 55. Discipline; grounds.
(a) The Department may refuse to issue, restore, or renew,
or may revoke, suspend, place on probation, reprimand or take

other disciplinary action as the Department may deem proper for
any of the following reasons:
(1) Violation of this Act or its rules.
(2) Aiding or assisting another person in violating any
provision of this Act or its rules.
(3) Failing, within 60 days, to respond to a written
requirement made by the Department for information.
(4) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public. This includes violations of
"good faith" as defined by the Illinois Controlled
Substances Act and applies to all prescription drugs.
(5) Discipline by another U.S. jurisdiction or foreign
nation, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
in this Act.
(6) Selling or engaging in the sale of drug samples
provided at no cost by drug manufacturers.
(7) Conviction of or entry of a plea of guilty or nolo
contendere by the applicant or licensee, or any officer,
director, manager or shareholder who owns more than 5% of
stock, to any crime under the laws of the United States or
any state or territory of the United States that is a
felony or a misdemeanor, of which an essential element is
dishonesty, or any crime that is directly related to the
practice of this profession .

(8) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in the inability to function with reasonable
judgment, skill, or safety.
(b) The Department may refuse to issue, restore, or renew,
or may revoke, suspend, place on probation, reprimand or take
other disciplinary action as the Department may deem proper
property including fines not to exceed $10,000 per offense for
any of the following reasons:
(1) Material misstatement in furnishing information to
the Department.
(2) Making any misrepresentation for the purpose of
obtaining a license.
(3) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(4) A finding that licensure or registration has been
applied for or obtained by fraudulent means.
(5) Willfully making or filing false records or
reports.
(6) A finding of a substantial discrepancy in a
Department audit of a prescription drug, including a
controlled substance as that term is defined in this Act or
in the Illinois Controlled Substances Act.
(c) The Department may refuse to issue or may suspend the
license or registration 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 the time the requirements
of the tax Act are satisfied.
(d) The Department shall revoke the license or certificate
of registration issued under this Act or any prior Act of this
State of any person 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 certificate of registration
issued under this Act or any prior Act of this State is revoked
under this subsection (c) shall be prohibited from engaging in
the practice of pharmacy in this State.
(Source: P.A. 94-556, eff. 9-11-05; 95-689, eff. 10-29-07;
revised 11-18-11.)
Section 435. The Registered Surgical Assistant and
Registered Surgical Technologist Title Protection Act is
amended by changing Section 50 as follows:
(225 ILCS 130/50)
(Section scheduled to be repealed on January 1, 2014)
Sec. 50. Registration requirements; surgical technologist.

A person shall qualify for registration as a surgical
technologist if he or she has applied in writing on the
prescribed form, has paid the required fees, and meets all of
the following requirements:
(1) Is at least 18 years of age.
(2) Has not violated a provision of Section 95 of this
Act. In addition the Department may take into consideration
any felony conviction of the applicant, but a conviction
shall not operate as an absolute bar to registration.
(3) Has completed a surgical technologist program
approved by the Department.
(4) Has successfully completed the surgical
technologist national certification examination provided
by the Liaison Council on Certification for the Surgical
Technologist or its successor agency.
(5) (Blank).
(6) Is currently certified by the Liaison Council on
Certification for the Surgical Technologist or its
successor agency and has met the requirements set forth for
certification.
(Source: P.A. 93-280, eff. 7-1-04; revised 11-18-11.)
Section 440. The Genetic Counselor Licensing Act is amended
by changing Section 95 as follows:
(225 ILCS 135/95)

(Section scheduled to be repealed on January 1, 2015)
Sec. 95. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department deems appropriate,
including the issuance of fines not to exceed $1,000 for each
violation, with regard to any license for any one or more of
the following:
(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act, or any of its rules.
(3) Conviction of any crime under the laws of the
United States or any state or territory thereof that is a
felony, a misdemeanor, an essential element of which is
dishonesty, or a crime that is directly related to the
practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this Act
or its rules.
(5) Gross negligence in the rendering of genetic
counseling services.
(6) Failure to provide genetic testing results and any
requested information to a referring physician licensed to
practice medicine in all its branches, advanced practice
nurse, or physician assistant.

(7) Aiding or assisting another person in violating any
provision of this Act or any rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(10) Failing to maintain the confidentiality of any
information received from a client, unless otherwise
authorized or required by law.
(10.5) Failure to maintain client records of services
provided and provide copies to clients upon request.
(11) Exploiting a client for personal advantage,
profit, or interest.
(12) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
which results in inability to practice with reasonable
skill, judgment, or safety.
(13) Discipline by another jurisdiction, if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section.
(14) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation

for any professional service not actually rendered.
Nothing in this paragraph (14) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (14) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(15) A finding by the Department that the licensee,
after having the license placed on probationary status has
violated the terms of probation.
(16) Failing to refer a client to other health care
professionals when the licensee is unable or unwilling to
adequately support or serve the client.
(17) Willfully filing false reports relating to a
licensee's practice, including but not limited to false
records filed with federal or State agencies or
departments.
(18) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(19) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence 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.
(20) Physical or mental disability, including
deterioration through the aging process or loss of
abilities and skills which results in the inability to
practice the profession with reasonable judgment, skill,
or safety.
(21) Solicitation of professional services by using
false or misleading advertising.
(22) Failure to file a return, or to pay the tax,
penalty of 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 or any successor agency or the Internal Revenue
Service or any successor agency.
(23) A finding that licensure has been applied for or
obtained by fraudulent means.
(24) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name.
(25) Gross overcharging for professional services,
including filing statements for collection of fees or

monies for which services are not rendered.
(26) Providing genetic counseling services to
individuals, couples, groups, or families without a
referral from either a physician licensed to practice
medicine in all its branches, an advanced practice nurse
who has a collaborative agreement with a collaborating
physician that authorizes the advanced practice nurse to
make referrals to a genetic counselor, or a physician
assistant who has been delegated authority to make
referrals to genetic counselors.
(b) The Department shall deny, without hearing, any
application or renewal for a license under this Act to any
person who has defaulted on an educational loan guaranteed by
the Illinois State Assistance Commission; however, the
Department may issue a license or renewal if the person in
default has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission.
(c) The determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code will
result in an automatic suspension of his or her license. The
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging
the patient, and the determination of the Director that the
licensee be allowed to resume professional practice.

(Source: P.A. 96-1313, eff. 7-27-10; 96-1482, eff. 11-29-10;
revised 12-17-10.)
Section 445. The Pyrotechnic Distributor and Operator
Licensing Act is amended by changing Section 95 as follows:
(225 ILCS 227/95)
Sec. 95. Display Reports. A lead pyrotechnic operator
shall file an Illinois Display Report, which shall include the
names and signatures of all lead pyrotechnic operators and
assistants participating in the pyrotechnic display or
pyrotechnic service and the name, department, and signature of
the fire protection jurisdiction, with the Office within 30
days following any pyrotechnic display or pyrotechnic service.
The fire protection jurisdiction shall sign the Illinois
Ilinois Display Report if the information therein is true and
correct.
(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12;
revised 11-18-11.)
Section 450. 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
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
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
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 dependent 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
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. ;
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.
(Source: P.A. 96-626, eff. 8-24-09; 96-1000, eff. 7-2-10;
97-333, eff. 8-12-11; revised 11-18-11.)
Section 455. The Real Estate License Act of 2000 is amended
by changing Section 20-20 as follows:
(225 ILCS 454/20-20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-20. Grounds for discipline.
(a) The Department may refuse to issue or renew a license,
may place on probation, suspend, or revoke any license,
reprimand, or take any other disciplinary or non-disciplinary
action as the Department may deem proper or impose a fine not
to exceed $25,000 upon any licensee under this Act or against a
licensee in handling his or her own property, whether held by
deed, option, or otherwise, for any one or any combination of
the following causes:
(1) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(2) The conviction of, plea of guilty or plea of nolo
contendere contendre to a felony or misdemeanor, an
essential element of which is dishonesty or fraud or
larceny, embezzlement, or obtaining money, property, or
credit by false pretenses or by means of a confidence game,

in this State, or any other jurisdiction.
(3) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(4) Practice under this Act as a licensee in a retail
sales establishment from an office, desk, or space that is
not separated from the main retail business by a separate
and distinct area within the establishment.
(5) Disciplinary action of another state or
jurisdiction against the license or other authorization to
practice as a managing broker, broker, salesperson, or
leasing agent if at least one of the grounds for that
discipline is the same as or the equivalent of one of the
grounds for discipline set forth in this Act. A certified
copy of the record of the action by the other state or
jurisdiction shall be prima facie evidence thereof.
(6) Engaging in the practice of real estate brokerage
without a license or after the licensee's license was
expired or while the license was inoperative.
(7) Cheating on or attempting to subvert the Real
Estate License Exam or continuing education exam.
(8) Aiding or abetting an applicant to subvert or cheat
on the Real Estate License Exam or continuing education
exam administered pursuant to this Act.

(9) Advertising that is inaccurate, misleading, or
contrary to the provisions of the Act.
(10) Making any substantial misrepresentation or
untruthful advertising.
(11) Making any false promises of a character likely to
influence, persuade, or induce.
(12) Pursuing a continued and flagrant course of
misrepresentation or the making of false promises through
licensees, employees, agents, advertising, or otherwise.
(13) Any misleading or untruthful advertising, or
using any trade name or insignia of membership in any real
estate organization of which the licensee is not a member.
(14) Acting for more than one party in a transaction
without providing written notice to all parties for whom
the licensee acts.
(15) Representing or attempting to represent a broker
other than the sponsoring broker.
(16) Failure to account for or to remit any moneys or
documents coming into his or her possession that belong to
others.
(17) Failure to maintain and deposit in a special
account, separate and apart from personal and other
business accounts, all escrow moneys belonging to others
entrusted to a licensee while acting as a real estate
broker, escrow agent, or temporary custodian of the funds
of others or failure to maintain all escrow moneys on

deposit in the account until the transactions are
consummated or terminated, except to the extent that the
moneys, or any part thereof, shall be:
(A) disbursed prior to the consummation or
termination (i) in accordance with the written
direction of the principals to the transaction or their
duly authorized agents, (ii) in accordance with
directions providing for the release, payment, or
distribution of escrow moneys contained in any written
contract signed by the principals to the transaction or
their duly authorized agents, or (iii) pursuant to an
order of a court of competent jurisdiction; or
(B) deemed abandoned and transferred to the Office
of the State Treasurer to be handled as unclaimed
property pursuant to the Uniform Disposition of
Unclaimed Property Act. Escrow moneys may be deemed
abandoned under this subparagraph (B) only: (i) in the
absence of disbursement under subparagraph (A); (ii)
in the absence of notice of the filing of any claim in
a court of competent jurisdiction; and (iii) if 6
months have elapsed after the receipt of a written
demand for the escrow moneys from one of the principals
to the transaction or the principal's duly authorized
agent.
The account shall be noninterest bearing, unless the
character of the deposit is such that payment of interest

thereon is otherwise required by law or unless the
principals to the transaction specifically require, in
writing, that the deposit be placed in an interest bearing
account.
(18) Failure to make available to the Department all
escrow records and related documents maintained in
connection with the practice of real estate within 24 hours
of a request for those documents by Department personnel.
(19) Failing to furnish copies upon request of
documents relating to a real estate transaction to a party
who has executed that document.
(20) Failure of a sponsoring broker to timely provide
information, sponsor cards, or termination of licenses to
the Department.
(21) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(22) Commingling the money or property of others with
his or her own money or property.
(23) Employing any person on a purely temporary or
single deal basis as a means of evading the law regarding
payment of commission to nonlicensees on some contemplated
transactions.
(24) Permitting the use of his or her license as a
broker to enable a salesperson or unlicensed person to
operate a real estate business without actual

participation therein and control thereof by the broker.
(25) Any other conduct, whether of the same or a
different character from that specified in this Section,
that constitutes dishonest dealing.
(26) Displaying a "for rent" or "for sale" sign on any
property without the written consent of an owner or his or
her duly authorized agent or advertising by any means that
any property is for sale or for rent without the written
consent of the owner or his or her authorized agent.
(27) Failing to provide information requested by the
Department, or otherwise respond to that request, within 30
days of the request.
(28) Advertising by means of a blind advertisement,
except as otherwise permitted in Section 10-30 of this Act.
(29) Offering guaranteed sales plans, as defined in
clause (A) of this subdivision (29), except to the extent
hereinafter set forth:
(A) A "guaranteed sales plan" is any real estate
purchase or sales plan whereby a licensee enters into a
conditional or unconditional written contract with a
seller, prior to entering into a brokerage agreement
with the seller, by the terms of which a licensee
agrees to purchase a property of the seller within a
specified period of time at a specific price in the
event the property is not sold in accordance with the
terms of a brokerage agreement to be entered into

between the sponsoring broker and the seller.
(B) A licensee offering a guaranteed sales plan
shall provide the details and conditions of the plan in
writing to the party to whom the plan is offered.
(C) A licensee offering a guaranteed sales plan
shall provide to the party to whom the plan is offered
evidence of sufficient financial resources to satisfy
the commitment to purchase undertaken by the broker in
the plan.
(D) Any licensee offering a guaranteed sales plan
shall undertake to market the property of the seller
subject to the plan in the same manner in which the
broker would market any other property, unless the
agreement with the seller provides otherwise.
(E) The licensee cannot purchase seller's property
until the brokerage agreement has ended according to
its terms or is otherwise terminated.
(F) Any licensee who fails to perform on a
guaranteed sales plan in strict accordance with its
terms shall be subject to all the penalties provided in
this Act for violations thereof and, in addition, shall
be subject to a civil fine payable to the party injured
by the default in an amount of up to $25,000.
(30) Influencing or attempting to influence, by any
words or acts, a prospective seller, purchaser, occupant,
landlord, or tenant of real estate, in connection with

viewing, buying, or leasing real estate, so as to promote
or tend to promote the continuance or maintenance of
racially and religiously segregated housing or so as to
retard, obstruct, or discourage racially integrated
housing on or in any street, block, neighborhood, or
community.
(31) Engaging in any act that constitutes a violation
of any provision of Article 3 of the Illinois Human Rights
Act, whether or not a complaint has been filed with or
adjudicated by the Human Rights Commission.
(32) Inducing any party to a contract of sale or lease
or brokerage agreement to break the contract of sale or
lease or brokerage agreement for the purpose of
substituting, in lieu thereof, a new contract for sale or
lease or brokerage agreement with a third party.
(33) Negotiating a sale, exchange, or lease of real
estate directly with any person if the licensee knows that
the person has an exclusive brokerage agreement with
another broker, unless specifically authorized by that
broker.
(34) When a licensee is also an attorney, acting as the
attorney for either the buyer or the seller in the same
transaction in which the licensee is acting or has acted as
a broker or salesperson.
(35) Advertising or offering merchandise or services
as free if any conditions or obligations necessary for

receiving the merchandise or services are not disclosed in
the same advertisement or offer. These conditions or
obligations include without limitation the requirement
that the recipient attend a promotional activity or visit a
real estate site. As used in this subdivision (35), "free"
includes terms such as "award", "prize", "no charge", "free
of charge", "without charge", and similar words or phrases
that reasonably lead a person to believe that he or she may
receive or has been selected to receive something of value,
without any conditions or obligations on the part of the
recipient.
(36) Disregarding or violating any provision of the
Land Sales Registration Act of 1989, the Illinois Real
Estate Time-Share Act, or the published rules promulgated
by the Department to enforce those Acts.
(37) Violating the terms of a disciplinary order issued
by the Department.
(38) Paying or failing to disclose compensation in
violation of Article 10 of this Act.
(39) Requiring a party to a transaction who is not a
client of the licensee to allow the licensee to retain a
portion of the escrow moneys for payment of the licensee's
commission or expenses as a condition for release of the
escrow moneys to that party.
(40) Disregarding or violating any provision of this
Act or the published rules promulgated by the Department to

enforce this Act or aiding or abetting any individual,
partnership, registered limited liability partnership,
limited liability company, or corporation in disregarding
any provision of this Act or the published rules
promulgated by the Department to enforce this Act.
(41) Failing to provide the minimum services required
by Section 15-75 of this Act when acting under an exclusive
brokerage agreement.
(42) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a managing broker, broker, salesperson, or
leasing agent's inability to practice with reasonable
skill or safety.
(b) The Department may refuse to issue or renew or may
suspend the license of any person who fails to file a return,
pay the tax, penalty or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of that tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection

(g) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(d) In cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department may
refuse to issue or renew or may revoke or suspend that person's
license or may take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services in
accordance with item (5) of subsection (g) of Section 2105-15
of the Civil Administrative Code of Illinois.
(e) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at

his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until the individual submits to the examination if the
Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's

license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 95-851, eff. 1-1-09; 96-856, eff. 12-31-09;
revised 11-18-11.)
Section 460. The Nurse Agency Licensing Act is amended by
changing Section 3 as follows:
(225 ILCS 510/3) (from Ch. 111, par. 953)
Sec. 3. Definitions. As used in this Act:
(a) "Certified nurse aide" means an individual certified as
defined in Section 3-206 of the Nursing Home Care Act, Section
3-206 of the Specialized Mental Health Rehabilitation Act, or
Section 3-206 of the ID/DD Community Care Act, as now or
hereafter amended.
(b) "Department" means the Department of Labor.

(c) "Director" means the Director of Labor.
(d) "Health care facility" is defined as in Section 3 of
the Illinois Health Facilities Planning Act, as now or
hereafter amended.
(e) "Licensee" means any nursing agency which is properly
licensed under this Act.
(f) "Nurse" means a registered nurse or a licensed
practical nurse as defined in the Nurse Practice Act.
(g) "Nurse agency" means any individual, firm,
corporation, partnership or other legal entity that employs,
assigns or refers nurses or certified nurse aides to a health
care facility for a fee. The term "nurse agency" includes
nurses registries. The term "nurse agency" does not include
services provided by home health agencies licensed and operated
under the Home Health, Home Services, and Home Nursing Agency
Licensing Act or a licensed or certified individual who
provides his or her own services as a regular employee of a
health care facility, nor does it apply to a health care
facility's organizing nonsalaried employees to provide
services only in that facility.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 10-4-11.)
Section 465. The Private Employment Agency Act is amended
by changing Sections 4 and 5 as follows:

(225 ILCS 515/4) (from Ch. 111, par. 904)
Sec. 4. It shall be unlawful for any person to act as an
employment counsellor, or to advertise, or assume to act as an
employment counsellor, without first obtaining a license as
such employment counsellor, from the Department of Labor. It
shall be unlawful for any person to engage in, operate or carry
on the business of an employment agency unless each employee of
such agency, who furnishes information to any person as to
where employees or employment may be obtained or found, is a
licensed employment counsellor. Where the license to conduct an
employment agency is issued to a corporation and any officer of
the corporation performs any function defined as those to be
performed by an employment counsellor, he shall be considered
an employee of the corporation and shall be required to secure
a license as an employment counsellor.
Every person who desires to obtain a license, as employment
counsellor, shall apply therefor to the Department of Labor, in
writing, upon application blanks prepared and furnished by the
Department of Labor. Each applicant shall set out in said
application blanks such information as the Department may
require, and said applications shall be accompanied by a permit
fee of $50 and the affidavits of two persons of business or
professional integrity. Such affiants shall state that they
have known the applicant for a period of two years and that the
applicant is a person of good moral character.
The Department shall issue to such person a temporary

permit to act as an employment counsellor which permit shall be
valid for 90 days pending examination of such person when:
(a) the applicant is employed by an employment agency, and
the application states the name and address of such employment
agency; and
(b) the applicant declares under oath his intention that he
will complete the examination for the employment agency
counsellor's license on a date scheduled for such examination
by the Department of Labor within 60 days of the date of
application.
Commencing January 1, 1974 the Department shall not issue a
license to act as an employment counsellor counselor to any
person not previously licensed as such employment counsellor
counselor on such date unless he has taken and successfully
completed a written examination based upon this Act. The
Department of Labor shall conduct such examination at such
times and places as it shall determine, but not less than once
each month. The examination shall test the applicant's
knowledge of the employment agency law, pertinent labor laws
and laws against discrimination in employment. Upon successful
completion of the written examination and providing the
requirements of this Section are met, the Department shall
issue a license to act as an employment counsellor and no
additional licensing fee shall be required.
In the event of failure to appear for the examination as
scheduled or if the applicant appears and fails to pass, such

person shall pay a fee of $10 for rescheduling at a later date.
No person may be rescheduled for examination more than twice in
any calendar year except in the event that he has failed to
appear for examination and such failure to appear was not
willful but was the result of illness of the applicant or a
member of his immediate family or of some other emergency.
The Department of Labor may require such other proof as to
the honesty, truthfulness and integrity of the applicant, as
may be deemed necessary and desirable. If the applicant is
shown to be honest, truthful and of known integrity, and has
successfully completed the written examination required under
this Section, the Department of Labor shall issue a license,
which license shall set out the true name and address of the
applicant, the name of the Employment agency by whom he is
employed, and such additional information as the Department may
prescribe. The license issued shall authorize the person named
therein to act as an employment counsellor. Such license may be
renewed at the end of each year by the payment of a renewal fee
of $25.
The applicant must furnish satisfactory proof to the
Department that he has never been a party to any fraud, has no
jail record, belongs to no subversive societies and is of good
moral character and business integrity.
In determining honesty, truthfulness, integrity, moral
character and business integrity under this Section, the
Department may take into consideration any felony conviction of

the applicant, but such a conviction shall not operate as a bar
to licensing.
The license of the employment counsellor shall be mailed to
the employment agency by which he is employed, and shall be
kept in the office of such agency and produced for inspection
by any agent of the Department of Labor, at any time during
business hours.
The Department of Labor, upon its own motion, or upon the
filing of a verified complaint with the department, by any
person, accompanied by such evidence, documentary or
otherwise, as makes out a prima facie case that the licensee is
unworthy to hold a license, shall notify the employment
counsellor in writing that the question of his honesty,
truthfulness, integrity, moral character, business integrity
or felony conviction is to be reopened and determined, de novo.
This notice shall be served by delivering a copy to the
licensed person, or by mailing a copy to him, by registered
mail, at his last known business address. Thereupon, the
Department of Labor shall require further proof of the
licensee's honesty, truthfulness, integrity, moral character
and business integrity, and if the proof is not satisfactory to
the Department of Labor, it shall revoke his license.
If any employment counsellor is discharged or terminates
his employment with the agency by which he is employed, such
agency shall immediately deliver, or forward by mail, the
employment counsellor's license, to the Department of Labor,

together with the reasons for his discharge, if he was
discharged. Failure to state that the employment counsellor was
discharged will be conclusively presumed to indicate that he
terminated his services voluntarily. Thereafter, it shall be
unlawful for the employment counsellor to exercise any rights
or privileges under such license, unless the Department of
Labor transfers his license to another employment agency.
Each employment counsellor shall notify the Department of
Labor of any change in his residence address. Failure to give
such notice shall automatically work a revocation of his
license.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of 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.
Any person who violates any provisions of this section or
who testifies falsely as to any matter required by the
provisions of this section or of this Act, is guilty of a Class
B misdemeanor.
(Source: P.A. 85-1408; revised 11-18-11.)
(225 ILCS 515/5) (from Ch. 111, par. 905)
Sec. 5. No such licensee shall charge a registration fee

without having first obtained a permit to charge such
registration fee from the Department of Labor. Any such
licensee desiring to charge a registration fee shall make
application in writing to the Department of Labor, and shall
set out in the application the type of applicants from whom
they intend to accept a registration fee, the amount of the fee
to be charged, and shall furnish any other information on the
subject that the Department of Labor may deem necessary to
enable it to determine whether the agency's business methods
and past record entitle the agency to a permit.
It is the duty of the Department of Labor to make an
investigation, upon receipt of the application, as to the
truthfulness of the application and the necessity of the charge
of a registration fee; and if it is shown that the agency's
method of doing business is of such a nature that a permit to
charge a registration fee is necessary, and that the agency's
record has been reasonable and fair, then the Department of
Labor shall grant a permit to such agency. Such permit shall
remain in force until revoked for cause. No permit shall be
granted until after 10 days from the date of filing of the
application.
When a permit is granted, such licensed person may charge a
registration fee not to exceed $4. In all such cases a complete
record of all such registration fees and references of
applicants shall be kept on file, which record shall, during
all business hours, be open for the inspection of the

Department of Labor. It is the duty of such licensee to
communicate in writing with at least 2 of the persons mentioned
as reference by every applicant from whom a registration fee is
accepted. Failure on the part of a licensee to make such
investigation shall be deemed cause to revoke the permit to
charge a registration fee. For such registration fee a receipt
shall be given to the applicant for employees or employment,
and shall state therein the name of such applicant, date and
amount of payment, the character of position or employee
applied for, and the name and address of such agency. If no
position has been furnished by the licensed agency to the
applicant, then the registration fee shall be returned to the
applicant on demand after 30 days and within 6 months from the
date of receipt thereof, less the amount that has been actually
expended by the licensee in checking the references of the
applicant, and an itemized account of such expenditures shall
be presented to the applicant on request at the time of
returning the unused portion of such registration fee.
Any such permit granted by the Department of Labor may be
revoked by it upon due notice to the holder of said permit and
due cause shown and hearing thereon.
No such licensee shall, as a condition to registering or
obtaining employment for such applicant, require such
applicant to subscribe to any publication or to any postal card
service, or advertisement, or exact any other fees,
compensation or reward, (except that in the case of applicants

for positions paying salaries of $5,000 or more per annum,
where the agency has secured from the Department of Labor a
permit to furnish a letter service in accordance with
regulations of the department governing the furnishing of such
service, a special fee not to exceed $250, to be credited on
the fee charged for any placement resulting from such letter
service, may be charged for furnishing such letter service)
other than the aforesaid registration fee and a further fee,
called a placement fee, the amount of which shall be agreed
upon between such applicant and such licensee to be payable at
such time as may be agreed upon in writing. The employment
agency shall furnish to each applicant a copy of any contract
or any form he signs with the agency regarding the method of
payment of the placement or employment service fee. Such
contract or form shall contain the name and address of such
agency, and such other information as the Department of Labor
may deem proper. The contract or form or copy thereof furnished
the applicant must state immediately above, below or close to
the place provided for the signature of the applicant that he
has received a copy of the contract or form and his signature
shall acknowledge receipt thereof. The placement or employment
service fee shall not be received by such licensee before the
applicant has accepted a position tendered by the employer. A
copy of each contract or other form to which the applicant
becomes a party with the licensee shall be given to the
applicant by the licensee at the time of executing such

contract or document and on any such form on which the word
acceptance appears, and such contract or other form shall have
the definition of acceptance as defined by this Act printed in
not less than 10 point type immediately following the word
acceptance. In the event the position so tendered is not
accepted by or given to such applicant, the licensee shall
refund all fees paid other than the registration fee and
special fee aforesaid, within 3 days of demand therefor. The
fee charged for placing an applicant in domestic service shall
be a single fee for each placement and shall be based upon the
applicant's compensation or salary for a period not to exceed
one year.
No such licensee shall send out any applicant for
employment unless the licensee has a bona fide job order for
such employment and the job order is valid in accordance with
the renewal requirements of Section 3 of this Act. If no
position of the kind applied for was open at the place where
the applicant was directed, then the licensee shall refund to
such applicant on demand any sum paid or expended by the
applicant for transportation in going to and returning from the
place, and all fees paid by the applicant. However, in the
event a substitute position is taken, the fee to be charged
shall be computed on the salary agreed upon for such position.
In addition to the receipt herein provided to be given for
a registration fee, it shall be the duty of such licensee to
give to every applicant for employment or employees from whom

other fee, or fees shall be received, an additional receipt in
which shall be stated the name of the applicant, the amount
paid and the date of payment. All such receipts shall be in
duplicate, numbered consecutively, shall contain the name and
address of such agency, and such other information as the
Department of Labor may deem proper. The duplicate receipt
shall be kept on file in the agency for at least one year.
Every such licensee shall give to every applicant, who is
sent out for a job or for an interview with a prospective
employer, a card or printed paper or letter of introduction
which shall be called a "referral slip" containing the name of
the applicant, the name and address of the employer to whom the
applicant is sent for employment, the name and address of the
agency, the name of the person referring the applicant, and the
probable duration of the work, whether temporary or permanent.
The referral slip shall contain a blank space in which the
employment counsellor counselor shall insert and specify in a
prominent and legible manner whether the employment service fee
is to be paid by the applicant or by the employer, or in the
case of a split-fee, the percentage of the fee to be paid by
the applicant and the percentage of the fee to be paid by the
employer, or shall state whether the fee is to be negotiable
between the employer and the employee. A duplicate of all such
referral slips shall be kept on file in the agency for a period
of one year. In the event that the applicant is referred to a
job or to a prospective employer by telephone or telegraph, the

referral slip shall be mailed to the applicant and to the
prospective employer before the close of the business day on
which the telephoned or telegraphed referral was given. No
person shall be sent out for a job or to interview a
prospective employer unless he has been personally interviewed
by the agency or has corresponded with the agency with the
purpose of securing employment.
If the employer pays the fee, and the employee fails to
remain in the position for a period of 30 days, such licensee
shall refund to the employer all fees, less an amount equal to
25% of the total salary or wages paid such employee during the
period of such employment, within 3 days after the licensed
person has been notified of the employee's failure to remain in
the employment, provided such 25% does not exceed the amount
charged for a permanent position of like nature.
If the employee pays the fee and is discharged at any time
within 30 days for any reason other than intoxication,
dishonesty, unexcused tardiness, unexcused absenteeism or
insubordination, or otherwise fails to remain in the position
for a period of 30 days, thru no fault of his own, such
licensee shall refund to the employee all fees less an amount
equal to 25% of the total salary or wages paid such employee
during the period of such employment within 3 days of the time
such licensee has been notified of the employee's failure to
remain in the employment, provided the 25% does not exceed the
charge for a permanent position of like nature. All refunds

shall be in cash or negotiable check.
If the employee has promised his prospective employer to
report to work at a definite time and place and then fails to
report to work, such circumstances shall be considered prima
facie evidence that the employee has accepted the employment
offered.
Where a dispute concerning a fee exists, the department may
conduct a hearing to determine all facts concerning the dispute
and shall after such hearing make such recommendations
concerning such dispute as shall be reasonable.
Every such licensee shall post in a conspicuous place in
the main room of the agency sections of this Act as required by
the Department of Labor, to be supplied by the Department of
Labor, and shall also post his license in the main room of the
agency.
Every such licensee shall furnish the Department of Labor,
under rules to be prescribed by such Department, annual
statements showing the number and character of placements made.
(Source: P.A. 90-655, eff. 7-30-98; revised 11-18-11.)
Section 470. The Illinois Livestock Dealer Licensing Act is
amended by changing Section 19.1 as follows:
(225 ILCS 645/19.1) (from Ch. 111, par. 420.1)
Sec. 19.1. All persons licensed under this Act must also
comply with all the provisions of the "Illinois Bovine

Brucellosis Eradication Act" and the rules adopted pursuant to
that law, the "Illinois Bovidae and Cervidae Tuberculosis
Eradication Act" and the rules adopted pursuant to that law,
the "Illinois Diseased Animals Act" and the rules adopted
pursuant to that law, the "Humane Care for Animals Act" and the
rules adopted pursuant to that law, the "Livestock Auction
Market Law" and the rules adopted pursuant to that law, and the
"Illinois Swine Brucellosis Eradication Act" and the rules
adopted pursuant to that law, and the "Illinois Pseudorabies
Control Act ct" and the rules adopted pursuant to that law.
(Source: P.A. 90-192, eff. 7-24-97; revised 11-18-11.)
Section 475. The Surface Coal Mining Land Conservation and
Reclamation Act is amended by changing Section 1.03 as follows:
(225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)
Sec. 1.03. Definitions.
(a) Whenever used or referred to in this Act, unless a
different meaning clearly appears from the context:
(1) "Affected land" means:
(A) in the context of surface mining operations,
the areas described in Section 1.03(a)(24)(B), and
(B) in the context of underground mining
operations, surface areas on which such operations
occur or where such activities disturb the natural land
surface.

(2) "Approximate original contour" means that surface
configuration achieved by backfilling and grading of the
mined area so that the reclaimed area, including any
terracing or access roads, closely resembles the general
surface configuration of the land prior to mining and
blends into and complements compliments the drainage
pattern of the surrounding terrain, with all highwalls and
spoil piles eliminated.
(3) "Article" means an Article of this Act.
(4) "Department" means the Department of Natural
Resources, or such department, bureau, or commission as may
lawfully succeed to the powers and duties of such
Department.
(5) "Director" means the Director of the Department or
such officer, bureau or commission as may lawfully succeed
to the powers and duties of such Director.
(6) "Federal Act" means the Federal Surface Mining
Control and Reclamation Act of 1977 (Public Law 95-87).
(7) "Imminent danger to the health and safety of the
public" means the existence of any condition or practice,
or any violation of a permit or other requirement of this
Act in a mining and reclamation operation, which condition,
practice, or violation could reasonably be expected to
cause substantial physical harm to persons outside the
permit area before such condition, practice, or violation
can be abated. A reasonable expectation of death or serious

injury before abatement exists if a rational person,
subjected to the same conditions or practices giving rise
to the peril, would not expose himself to the danger during
the time necessary for abatement.
(8) (Blank).
(9) "Interagency Committee" means the Interagency
Committee on Surface Mining Control and Reclamation
created by Section 1.05.
(9-a) "Lands eligible for remining" means those lands
that would otherwise be eligible for expenditures under the
Abandoned Mined Lands and Water Reclamation Act.
(10) "Mining and reclamation operations" means mining
operations and all activities necessary and incident to the
reclamation of such operations.
(11) "Mining operations" means both surface mining
operations and underground mining operations.
(12) "Operator" means any person engaged in coal
mining, and includes political subdivisions, units of
local government and instrumentalities of the State of
Illinois, and public utilities.
(13) "Permit" means a permit or a revised permit to
conduct mining operations and reclamation issued by the
Department under this Act.
(14) "Permit applicant" or "applicant" means a person
applying for a permit.
(15) "Permit application" or "application" means an

application for a permit under this Act.
(16) "Permit area" means the land described in the
permit.
(17) "Permittee" means a person holding a permit.
(18) "Permit term" means the period during which the
permittee may engage in mining operations under a permit.
(19) "Person" means an individual, partnership,
copartnership, firm, joint venture, company, corporation,
association, joint stock company, trust, estate, political
subdivision, or any other public or private legal entity,
or their legal representative, agent or assigns.
(20) "Reclamation" means conditioning areas affected
by mining operations to achieve the purposes of this Act.
(21) "Reclamation plan" means a plan described in
Section 2.03.
(22) "Regulations" means regulations promulgated under
the Federal Act.
(23) "Section" means a section of this Act.
(24) "Surface mining operations" means (A) activities
conducted on the surface of lands in connection with a
surface coal mine or surface operations. Such activities
include excavation for the purpose of obtaining coal
including such common methods as contour, strip, auger,
mountaintop removal, box cut, open pit, and area mining,
coal recovery from coal waste disposal areas, the uses of
explosives and blasting, and in situ distillation or

retorting, leaching or other chemical or physical
processing, and the cleaning, concentrating, or other
processing or preparation, loading of coal at or near the
mine site; and (B) the areas on which such activities occur
or where such activities disturb the natural land surface.
Such areas include any adjacent land the use of which is
incidental to any such activities, all lands affected by
the construction of new roads or the improvement or use of
existing roads to gain access to the site of such
activities and for haulage, and excavations, workings,
impoundments, dams, refuse banks, dumps, stockpiles,
overburden piles, spoil banks, culm banks, tailings, holes
or depressions, repair areas, storage areas, processing
areas, shipping areas and other areas upon which are sited
structures, facilities, or other property or materials on
the surface, resulting from or incident to such activities.
(25) "Toxic conditions" and "toxic materials" mean any
conditions and materials that will not support higher forms
of plant or animal life in any place in connection with or
as a result of the completion of mining operations.
(26) "Underground mining operations" means the
underground excavation of coal and (A) surface operations
incident to the underground extraction of coal, such as
construction, use, maintenance, and reclamation of roads,
above-ground repair areas, storage areas, processing
areas, shipping areas, areas on which are sited support

facilities including hoist and ventilation ducts, areas
used for the storage and disposal of waste, and areas on
which materials incident to underground mining operations
are placed, and (B) underground operations incident to
underground excavation of coal, such as underground
construction, operation, and reclamation of shafts, adits,
underground support facilities, in situ processing, and
underground mining, hauling, storage, or blasting.
(27) "Unwarranted failure to comply" means the failure
of a permittee to prevent the occurrence of or to abate any
violation of his permit or any requirement of this Act due
to indifference, lack of diligence, or lack of reasonable
care.
(b) The Department shall by rule define other terms used in
this Act if necessary or desirable to achieve the purposes of
this Act.
(Source: P.A. 90-490, eff. 8-17-97; 91-357, eff. 7-29-99;
revised 11-18-11.)
Section 480. The Illinois Oil and Gas Act is amended by
changing Section 18 as follows:
(225 ILCS 725/18) (from Ch. 96 1/2, par. 5424)
Sec. 18. In no event shall any high explosive be exploded
in any well until twenty-four hours' notice of the intention
intension has been given to the owner of any working coal seam.

(Source: Laws 1941, vol. 1, p. 934; revised 11-18-11.)
Section 485. The Liquor Control Act of 1934 is amended by
changing Sections 5-1 and 6-15 as follows:
(235 ILCS 5/5-1) (from Ch. 43, par. 115)
Sec. 5-1. Licenses issued by the Illinois Liquor Control
Commission shall be of the following classes:
(a) Manufacturer's license - Class 1. Distiller, Class 2.
Rectifier, Class 3. Brewer, Class 4. First Class Wine
Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.
First Class Winemaker, Class 7. Second Class Winemaker, Class
8. Limited Wine Manufacturer, Class 9. Craft Distiller, Class
10. Craft Brewer,
(b) Distributor's license,
(c) Importing Distributor's license,
(d) Retailer's license,
(e) Special Event Retailer's license (not-for-profit),
(f) Railroad license,
(g) Boat license,
(h) Non-Beverage User's license,
(i) Wine-maker's premises license,
(j) Airplane license,
(k) Foreign importer's license,
(l) Broker's license,
(m) Non-resident dealer's license,

(n) Brew Pub license,
(o) Auction liquor license,
(p) Caterer retailer license,
(q) Special use permit license,
(r) Winery shipper's license.
No person, firm, partnership, corporation, or other legal
business entity that is engaged in the manufacturing of wine
may concurrently obtain and hold a wine-maker's license and a
wine manufacturer's license.
(a) A manufacturer's license shall allow the manufacture,
importation in bulk, storage, distribution and sale of
alcoholic liquor to persons without the State, as may be
permitted by law and to licensees in this State as follows:
Class 1. A Distiller may make sales and deliveries of
alcoholic liquor to distillers, rectifiers, importing
distributors, distributors and non-beverage users and to no
other licensees.
Class 2. A Rectifier, who is not a distiller, as defined
herein, may make sales and deliveries of alcoholic liquor to
rectifiers, importing distributors, distributors, retailers
and non-beverage users and to no other licensees.
Class 3. A Brewer may make sales and deliveries of beer to
importing distributors and distributors and may make sales as
authorized under subsection (e) of Section 6-4 of this Act.
Class 4. A first class wine-manufacturer may make sales and
deliveries of up to 50,000 gallons of wine to manufacturers,

importing distributors and distributors, and to no other
licensees.
Class 5. A second class Wine manufacturer may make sales
and deliveries of more than 50,000 gallons of wine to
manufacturers, importing distributors and distributors and to
no other licensees.
Class 6. A first-class wine-maker's license shall allow the
manufacture of up to 50,000 gallons of wine per year, and the
storage and sale of such wine to distributors in the State and
to persons without the State, as may be permitted by law. A
person who, prior to the effective date of this amendatory Act
of the 95th General Assembly, is a holder of a first-class
wine-maker's license and annually produces more than 25,000
gallons of its own wine and who distributes its wine to
licensed retailers shall cease this practice on or before July
1, 2008 in compliance with this amendatory Act of the 95th
General Assembly.
Class 7. A second-class wine-maker's license shall allow
the manufacture of between 50,000 and 150,000 gallons of wine
per year, and the storage and sale of such wine to distributors
in this State and to persons without the State, as may be
permitted by law. A person who, prior to the effective date of
this amendatory Act of the 95th General Assembly, is a holder
of a second-class wine-maker's license and annually produces
more than 25,000 gallons of its own wine and who distributes
its wine to licensed retailers shall cease this practice on or

before July 1, 2008 in compliance with this amendatory Act of
the 95th General Assembly.
Class 8. A limited wine-manufacturer may make sales and
deliveries not to exceed 40,000 gallons of wine per year to
distributors, and to non-licensees in accordance with the
provisions of this Act.
Class 9. A craft distiller license shall allow the
manufacture of up to 15,000 gallons of spirits by distillation
per year and the storage of such spirits. If a craft distiller
licensee is not affiliated with any other manufacturer, then
the craft distiller licensee may sell such spirits to
distributors in this State and non-licensees to the extent
permitted by any exemption approved by the Commission pursuant
to Section 6-4 of this Act.
Any craft distiller licensed under this Act who on the
effective date of this amendatory Act of the 96th General
Assembly was licensed as a distiller and manufactured no more
spirits than permitted by this Section shall not be required to
pay the initial licensing fee.
Class 10. A craft brewer's license, which may only be
issued to a licensed brewer or licensed non-resident dealer,
shall allow the manufacture of up to 465,000 gallons of beer
per year. A craft brewer licensee may make sales and deliveries
to importing distributors and distributors and to retail
licensees in accordance with the conditions set forth in
paragraph (18) of subsection (a) of Section 3-12 of this Act.

(a-1) A manufacturer which is licensed in this State to
make sales or deliveries of alcoholic liquor and which enlists
agents, representatives, or individuals acting on its behalf
who contact licensed retailers on a regular and continual basis
in this State must register those agents, representatives, or
persons acting on its behalf with the State Commission.
Registration of agents, representatives, or persons acting
on behalf of a manufacturer is fulfilled by submitting a form
to the Commission. The form shall be developed by the
Commission and shall include the name and address of the
applicant, the name and address of the manufacturer he or she
represents, the territory or areas assigned to sell to or
discuss pricing terms of alcoholic liquor, and any other
questions deemed appropriate and necessary. All statements in
the forms required to be made by law or by rule shall be deemed
material, and any person who knowingly misstates any material
fact under oath in an application is guilty of a Class B
misdemeanor. Fraud, misrepresentation, false statements,
misleading statements, evasions, or suppression of material
facts in the securing of a registration are grounds for
suspension or revocation of the registration.
(b) A distributor's license shall allow the wholesale
purchase and storage of alcoholic liquors and sale of alcoholic
liquors to licensees in this State and to persons without the
State, as may be permitted by law.
(c) An importing distributor's license may be issued to and

held by those only who are duly licensed distributors, upon the
filing of an application by a duly licensed distributor, with
the Commission and the Commission shall, without the payment of
any fee, immediately issue such importing distributor's
license to the applicant, which shall allow the importation of
alcoholic liquor by the licensee into this State from any point
in the United States outside this State, and the purchase of
alcoholic liquor in barrels, casks or other bulk containers and
the bottling of such alcoholic liquors before resale thereof,
but all bottles or containers so filled shall be sealed,
labeled, stamped and otherwise made to comply with all
provisions, rules and regulations governing manufacturers in
the preparation and bottling of alcoholic liquors. The
importing distributor's license shall permit such licensee to
purchase alcoholic liquor from Illinois licensed non-resident
dealers and foreign importers only.
(d) A retailer's license shall allow the licensee to sell
and offer for sale at retail, only in the premises specified in
the license, alcoholic liquor for use or consumption, but not
for resale in any form. Nothing in this amendatory Act of the
95th General Assembly shall deny, limit, remove, or restrict
the ability of a holder of a retailer's license to transfer,
deliver, or ship alcoholic liquor to the purchaser for use or
consumption subject to any applicable local law or ordinance.
Any retail license issued to a manufacturer shall only permit
the manufacturer to sell beer at retail on the premises

actually occupied by the manufacturer. For the purpose of
further describing the type of business conducted at a retail
licensed premises, a retailer's licensee may be designated by
the State Commission as (i) an on premise consumption retailer,
(ii) an off premise sale retailer, or (iii) a combined on
premise consumption and off premise sale retailer.
Notwithstanding any other provision of this subsection
(d), a retail licensee may sell alcoholic liquors to a special
event retailer licensee for resale to the extent permitted
under subsection (e).
(e) A special event retailer's license (not-for-profit)
shall permit the licensee to purchase alcoholic liquors from an
Illinois licensed distributor (unless the licensee purchases
less than $500 of alcoholic liquors for the special event, in
which case the licensee may purchase the alcoholic liquors from
a licensed retailer) and shall allow the licensee to sell and
offer for sale, at retail, alcoholic liquors for use or
consumption, but not for resale in any form and only at the
location and on the specific dates designated for the special
event in the license. An applicant for a special event retailer
license must (i) furnish with the application: (A) a resale
number issued under Section 2c of the Retailers' Occupation Tax
Act or evidence that the applicant is registered under Section
2a of the Retailers' Occupation Tax Act, (B) a current, valid
exemption identification number issued under Section 1g of the
Retailers' Occupation Tax Act, and a certification to the

Commission that the purchase of alcoholic liquors will be a
tax-exempt purchase, or (C) a statement that the applicant is
not registered under Section 2a of the Retailers' Occupation
Tax Act, does not hold a resale number under Section 2c of the
Retailers' Occupation Tax Act, and does not hold an exemption
number under Section 1g of the Retailers' Occupation Tax Act,
in which event the Commission shall set forth on the special
event retailer's license a statement to that effect; (ii)
submit with the application proof satisfactory to the State
Commission that the applicant will provide dram shop liability
insurance in the maximum limits; and (iii) show proof
satisfactory to the State Commission that the applicant has
obtained local authority approval.
(f) A railroad license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic liquors
directly from manufacturers, foreign importers, distributors
and importing distributors from within or outside this State;
and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with
the importation, purchase or storage of alcoholic liquors to be
sold or dispensed on a club, buffet, lounge or dining car
operated on an electric, gas or steam railway in this State;
and provided further, that railroad licensees exercising the
above powers shall be subject to all provisions of Article VIII

of this Act as applied to importing distributors. A railroad
license shall also permit the licensee to sell or dispense
alcoholic liquors on any club, buffet, lounge or dining car
operated on an electric, gas or steam railway regularly
operated by a common carrier in this State, but shall not
permit the sale for resale of any alcoholic liquors to any
licensee within this State. A license shall be obtained for
each car in which such sales are made.
(g) A boat license shall allow the sale of alcoholic liquor
in individual drinks, on any passenger boat regularly operated
as a common carrier on navigable waters in this State or on any
riverboat operated under the Riverboat Gambling Act, which boat
or riverboat maintains a public dining room or restaurant
thereon.
(h) A non-beverage user's license shall allow the licensee
to purchase alcoholic liquor from a licensed manufacturer or
importing distributor, without the imposition of any tax upon
the business of such licensed manufacturer or importing
distributor as to such alcoholic liquor to be used by such
licensee solely for the non-beverage purposes set forth in
subsection (a) of Section 8-1 of this Act, and such licenses
shall be divided and classified and shall permit the purchase,
possession and use of limited and stated quantities of
alcoholic liquor as follows:
Class 1, not to exceed ......................... 500 gallons
Class 2, not to exceed ....................... 1,000 gallons

Class 3, not to exceed ....................... 5,000 gallons
Class 4, not to exceed ...................... 10,000 gallons
Class 5, not to exceed ....................... 50,000 gallons
(i) A wine-maker's premises license shall allow a licensee
that concurrently holds a first-class wine-maker's license to
sell and offer for sale at retail in the premises specified in
such license not more than 50,000 gallons of the first-class
wine-maker's wine that is made at the first-class wine-maker's
licensed premises per year for use or consumption, but not for
resale in any form. A wine-maker's premises license shall allow
a licensee who concurrently holds a second-class wine-maker's
license to sell and offer for sale at retail in the premises
specified in such license up to 100,000 gallons of the
second-class wine-maker's wine that is made at the second-class
wine-maker's licensed premises per year for use or consumption
but not for resale in any form. A wine-maker's premises license
shall allow a licensee that concurrently holds a first-class
wine-maker's license or a second-class wine-maker's license to
sell and offer for sale at retail at the premises specified in
the wine-maker's premises license, for use or consumption but
not for resale in any form, any beer, wine, and spirits
purchased from a licensed distributor. Upon approval from the
State Commission, a wine-maker's premises license shall allow
the licensee to sell and offer for sale at (i) the wine-maker's
licensed premises and (ii) at up to 2 additional locations for
use and consumption and not for resale. Each location shall

require additional licensing per location as specified in
Section 5-3 of this Act. A wine-maker's premises licensee shall
secure liquor liability insurance coverage in an amount at
least equal to the maximum liability amounts set forth in
subsection (a) of Section 6-21 of this Act.
(j) An airplane license shall permit the licensee to import
alcoholic liquors into this State from any point in the United
States outside this State and to store such alcoholic liquors
in this State; to make wholesale purchases of alcoholic liquors
directly from manufacturers, foreign importers, distributors
and importing distributors from within or outside this State;
and to store such alcoholic liquors in this State; provided
that the above powers may be exercised only in connection with
the importation, purchase or storage of alcoholic liquors to be
sold or dispensed on an airplane; and provided further, that
airplane licensees exercising the above powers shall be subject
to all provisions of Article VIII of this Act as applied to
importing distributors. An airplane licensee shall also permit
the sale or dispensing of alcoholic liquors on any passenger
airplane regularly operated by a common carrier in this State,
but shall not permit the sale for resale of any alcoholic
liquors to any licensee within this State. A single airplane
license shall be required of an airline company if liquor
service is provided on board aircraft in this State. The annual
fee for such license shall be as determined in Section 5-3.
(k) A foreign importer's license shall permit such licensee

to purchase alcoholic liquor from Illinois licensed
non-resident dealers only, and to import alcoholic liquor other
than in bulk from any point outside the United States and to
sell such alcoholic liquor to Illinois licensed importing
distributors and to no one else in Illinois; provided that (i)
the foreign importer registers with the State Commission every
brand of alcoholic liquor that it proposes to sell to Illinois
licensees during the license period, (ii) the foreign importer
complies with all of the provisions of Section 6-9 of this Act
with respect to registration of such Illinois licensees as may
be granted the right to sell such brands at wholesale, and
(iii) the foreign importer complies with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers.
(l) (i) A broker's license shall be required of all persons
who solicit orders for, offer to sell or offer to supply
alcoholic liquor to retailers in the State of Illinois, or who
offer to retailers to ship or cause to be shipped or to make
contact with distillers, rectifiers, brewers or manufacturers
or any other party within or without the State of Illinois in
order that alcoholic liquors be shipped to a distributor,
importing distributor or foreign importer, whether such
solicitation or offer is consummated within or without the
State of Illinois.
No holder of a retailer's license issued by the Illinois
Liquor Control Commission shall purchase or receive any

alcoholic liquor, the order for which was solicited or offered
for sale to such retailer by a broker unless the broker is the
holder of a valid broker's license.
The broker shall, upon the acceptance by a retailer of the
broker's solicitation of an order or offer to sell or supply or
deliver or have delivered alcoholic liquors, promptly forward
to the Illinois Liquor Control Commission a notification of
said transaction in such form as the Commission may by
regulations prescribe.
(ii) A broker's license shall be required of a person
within this State, other than a retail licensee, who, for a fee
or commission, promotes, solicits, or accepts orders for
alcoholic liquor, for use or consumption and not for resale, to
be shipped from this State and delivered to residents outside
of this State by an express company, common carrier, or
contract carrier. This Section does not apply to any person who
promotes, solicits, or accepts orders for wine as specifically
authorized in Section 6-29 of this Act.
A broker's license under this subsection (l) shall not
entitle the holder to buy or sell any alcoholic liquors for his
own account or to take or deliver title to such alcoholic
liquors.
This subsection (l) shall not apply to distributors,
employees of distributors, or employees of a manufacturer who
has registered the trademark, brand or name of the alcoholic
liquor pursuant to Section 6-9 of this Act, and who regularly

sells such alcoholic liquor in the State of Illinois only to
its registrants thereunder.
Any agent, representative, or person subject to
registration pursuant to subsection (a-1) of this Section shall
not be eligible to receive a broker's license.
(m) A non-resident dealer's license shall permit such
licensee to ship into and warehouse alcoholic liquor into this
State from any point outside of this State, and to sell such
alcoholic liquor to Illinois licensed foreign importers and
importing distributors and to no one else in this State;
provided that (i) said non-resident dealer shall register with
the Illinois Liquor Control Commission each and every brand of
alcoholic liquor which it proposes to sell to Illinois
licensees during the license period, (ii) it shall comply with
all of the provisions of Section 6-9 hereof with respect to
registration of such Illinois licensees as may be granted the
right to sell such brands at wholesale, and (iii) the
non-resident dealer shall comply with the provisions of
Sections 6-5 and 6-6 of this Act to the same extent that these
provisions apply to manufacturers.
(n) A brew pub license shall allow the licensee (i) to
manufacture beer only on the premises specified in the license,
(ii) to make sales of the beer manufactured on the premises or,
with the approval of the Commission, beer manufactured on
another brew pub licensed premises that is substantially owned
and operated by the same licensee to importing distributors,

distributors, and to non-licensees for use and consumption,
(iii) to store the beer upon the premises, and (iv) to sell and
offer for sale at retail from the licensed premises, provided
that a brew pub licensee shall not sell for off-premises
consumption more than 50,000 gallons per year. A person who
holds a brew pub license may simultaneously hold a craft brewer
license if he or she otherwise qualifies for the craft brewer
license and the craft brewer license is for a location separate
from the brew pub's licensed premises. A brew pub license shall
permit a person who has received prior approval from the
Commission to annually transfer no more than a total of 50,000
gallons of beer manufactured on premises to all other licensed
brew pubs that are substantially owned and operated by the same
person.
(o) A caterer retailer license shall allow the holder to
serve alcoholic liquors as an incidental part of a food service
that serves prepared meals which excludes the serving of snacks
as the primary meal, either on or off-site whether licensed or
unlicensed.
(p) An auction liquor license shall allow the licensee to
sell and offer for sale at auction wine and spirits for use or
consumption, or for resale by an Illinois liquor licensee in
accordance with provisions of this Act. An auction liquor
license will be issued to a person and it will permit the
auction liquor licensee to hold the auction anywhere in the
State. An auction liquor license must be obtained for each

auction at least 14 days in advance of the auction date.
(q) A special use permit license shall allow an Illinois
licensed retailer to transfer a portion of its alcoholic liquor
inventory from its retail licensed premises to the premises
specified in the license hereby created, and to sell or offer
for sale at retail, only in the premises specified in the
license hereby created, the transferred alcoholic liquor for
use or consumption, but not for resale in any form. A special
use permit license may be granted for the following time
periods: one day or less; 2 or more days to a maximum of 15 days
per location in any 12 month period. An applicant for the
special use permit license must also submit with the
application proof satisfactory to the State Commission that the
applicant will provide dram shop liability insurance to the
maximum limits and have local authority approval.
(r) A winery shipper's license shall allow a person with a
first-class or second-class wine manufacturer's license, a
first-class or second-class wine-maker's license, or a limited
wine manufacturer's license or who is licensed to make wine
under the laws of another state to ship wine made by that
licensee directly to a resident of this State who is 21 years
of age or older for that resident's personal use and not for
resale. Prior to receiving a winery shipper's license, an
applicant for the license must provide the Commission with a
true copy of its current license in any state in which it is
licensed as a manufacturer of wine. An applicant for a winery

shipper's license must also complete an application form that
provides any other information the Commission deems necessary.
The application form shall include an acknowledgement
consenting to the jurisdiction of the Commission, the Illinois
Department of Revenue, and the courts of this State concerning
the enforcement of this Act and any related laws, rules, and
regulations, including authorizing the Department of Revenue
and the Commission to conduct audits for the purpose of
ensuring compliance with this amendatory Act.
A winery shipper licensee must pay to the Department of
Revenue the State liquor gallonage tax under Section 8-1 for
all wine that is sold by the licensee and shipped to a person
in this State. For the purposes of Section 8-1, a winery
shipper licensee shall be taxed in the same manner as a
manufacturer of wine. A licensee who is not otherwise required
to register under the Retailers' Occupation Tax Act must
register under the Use Tax Act to collect and remit use tax to
the Department of Revenue for all gallons of wine that are sold
by the licensee and shipped to persons in this State. If a
licensee fails to remit the tax imposed under this Act in
accordance with the provisions of Article VIII of this Act, the
winery shipper's license shall be revoked in accordance with
the provisions of Article VII of this Act. If a licensee fails
to properly register and remit tax under the Use Tax Act or the
Retailers' Occupation Tax Act for all wine that is sold by the
winery shipper and shipped to persons in this State, the winery

shipper's license shall be revoked in accordance with the
provisions of Article VII of this Act.
A winery shipper licensee must collect, maintain, and
submit to the Commission on a semi-annual basis the total
number of cases per resident of wine shipped to residents of
this State. A winery shipper licensed under this subsection (r)
must comply with the requirements of Section 6-29 of this
amendatory Act.
(Source: P.A. 96-1367, eff. 7-28-10; 97-5, eff. 6-1-11; 97-455,
eff. 8-19-11; revised 9-16-11.)
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
Sec. 6-15. No alcoholic liquors shall be sold or delivered
in any building belonging to or under the control of the State
or any political subdivision thereof except as provided in this
Act. The corporate authorities of any city, village,
incorporated town, or township, or county may provide by
ordinance, however, that alcoholic liquor may be sold or
delivered in any specifically designated building belonging to
or under the control of the municipality, township, or county,
or in any building located on land under the control of the
municipality, township, or county; provided that such township
or county complies with all applicable local ordinances in any
incorporated area of the township or county. Alcoholic liquor
may be delivered to and sold under the authority of a special
use permit on any property owned by a conservation district

organized under the Conservation District Act, provided that
(i) the alcoholic liquor is sold only at an event authorized by
the governing board of the conservation district, (ii) the
issuance of the special use permit is authorized by the local
liquor control commissioner of the territory in which the
property is located, and (iii) the special use permit
authorizes the sale of alcoholic liquor for one day or less.
Alcoholic liquors may be delivered to and sold at any airport
belonging to or under the control of a municipality of more
than 25,000 inhabitants, or in any building or on any golf
course owned by a park district organized under the Park
District Code, subject to the approval of the governing board
of the district, or in any building or on any golf course owned
by a forest preserve district organized under the Downstate
Forest Preserve District Act, subject to the approval of the
governing board of the district, or on the grounds within 500
feet of any building owned by a forest preserve district
organized under the Downstate Forest Preserve District Act
during times when food is dispensed for consumption within 500
feet of the building from which the food is dispensed, subject
to the approval of the governing board of the district, or in a
building owned by a Local Mass Transit District organized under
the Local Mass Transit District Act, subject to the approval of
the governing Board of the District, or in Bicentennial Park,
or on the premises of the City of Mendota Lake Park located
adjacent to Route 51 in Mendota, Illinois, or on the premises

of Camden Park in Milan, Illinois, or in the community center
owned by the City of Loves Park that is located at 1000 River
Park Drive in Loves Park, Illinois, or, in connection with the
operation of an established food serving facility during times
when food is dispensed for consumption on the premises, and at
the following aquarium and museums located in public parks: Art
Institute of Chicago, Chicago Academy of Sciences, Chicago
Historical Society, Field Museum of Natural History, Museum of
Science and Industry, DuSable Museum of African American
History, John G. Shedd Aquarium and Adler Planetarium, or at
Lakeview Museum of Arts and Sciences in Peoria, or in
connection with the operation of the facilities of the Chicago
Zoological Society or the Chicago Horticultural Society on land
owned by the Forest Preserve District of Cook County, or on any
land used for a golf course or for recreational purposes owned
by the Forest Preserve District of Cook County, subject to the
control of the Forest Preserve District Board of Commissioners
and applicable local law, provided that dram shop liability
insurance is provided at maximum coverage limits so as to hold
the District harmless from all financial loss, damage, and
harm, or in any building located on land owned by the Chicago
Park District if approved by the Park District Commissioners,
or on any land used for a golf course or for recreational
purposes and owned by the Illinois International Port District
if approved by the District's governing board, or at any
airport, golf course, faculty center, or facility in which

conference and convention type activities take place belonging
to or under control of any State university or public community
college district, provided that with respect to a facility for
conference and convention type activities alcoholic liquors
shall be limited to the use of the convention or conference
participants or participants in cultural, political or
educational activities held in such facilities, and provided
further that the faculty or staff of the State university or a
public community college district, or members of an
organization of students, alumni, faculty or staff of the State
university or a public community college district are active
participants in the conference or convention, or in Memorial
Stadium on the campus of the University of Illinois at
Urbana-Champaign during games in which the Chicago Bears
professional football team is playing in that stadium during
the renovation of Soldier Field, not more than one and a half
hours before the start of the game and not after the end of the
third quarter of the game, or in the Pavilion Facility on the
campus of the University of Illinois at Chicago during games in
which the Chicago Storm professional soccer team is playing in
that facility, not more than one and a half hours before the
start of the game and not after the end of the third quarter of
the game, or in the Pavilion Facility on the campus of the
University of Illinois at Chicago during games in which the
WNBA professional women's basketball team is playing in that
facility, not more than one and a half hours before the start

of the game and not after the 10-minute mark of the second half
of the game, or by a catering establishment which has rented
facilities from a board of trustees of a public community
college district, or in a restaurant that is operated by a
commercial tenant in the North Campus Parking Deck building
that (1) is located at 1201 West University Avenue, Urbana,
Illinois and (2) is owned by the Board of Trustees of the
University of Illinois, or, if approved by the District board,
on land owned by the Metropolitan Sanitary District of Greater
Chicago and leased to others for a term of at least 20 years.
Nothing in this Section precludes the sale or delivery of
alcoholic liquor in the form of original packaged goods in
premises located at 500 S. Racine in Chicago belonging to the
University of Illinois and used primarily as a grocery store by
a commercial tenant during the term of a lease that predates
the University's acquisition of the premises; but the
University shall have no power or authority to renew, transfer,
or extend the lease with terms allowing the sale of alcoholic
liquor; and the sale of alcoholic liquor shall be subject to
all local laws and regulations. After the acquisition by
Winnebago County of the property located at 404 Elm Street in
Rockford, a commercial tenant who sold alcoholic liquor at
retail on a portion of the property under a valid license at
the time of the acquisition may continue to do so for so long
as the tenant and the County may agree under existing or future
leases, subject to all local laws and regulations regarding the

sale of alcoholic liquor. Alcoholic liquors may be delivered to
and sold at Memorial Hall, located at 211 North Main Street,
Rockford, under conditions approved by Winnebago County and
subject to all local laws and regulations regarding the sale of
alcoholic liquor. Each facility shall provide dram shop
liability in maximum insurance coverage limits so as to save
harmless the State, municipality, State university, airport,
golf course, faculty center, facility in which conference and
convention type activities take place, park district, Forest
Preserve District, public community college district,
aquarium, museum, or sanitary district from all financial loss,
damage or harm. Alcoholic liquors may be sold at retail in
buildings of golf courses owned by municipalities or Illinois
State University in connection with the operation of an
established food serving facility during times when food is
dispensed for consumption upon the premises. Alcoholic liquors
may be delivered to and sold at retail in any building owned by
a fire protection district organized under the Fire Protection
District Act, provided that such delivery and sale is approved
by the board of trustees of the district, and provided further
that such delivery and sale is limited to fundraising events
and to a maximum of 6 events per year.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of the University of
Illinois for events that the Board may determine are public
events and not related student activities. The Board of

Trustees shall issue a written policy within 6 months of the
effective date of this amendatory Act of the 95th General
Assembly concerning the types of events that would be eligible
for an exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy, the
Board of Trustees shall, among other factors it considers
relevant and important, give consideration to the following:
(i) whether the event is a student activity or student related
activity; (ii) whether the physical setting of the event is
conducive to control of liquor sales and distribution; (iii)
the ability of the event operator to ensure that the sale or
serving of alcoholic liquors and the demeanor of the
participants are in accordance with State law and University
policies; (iv) regarding the anticipated attendees at the
event, the relative proportion of individuals under the age of
21 to individuals age 21 or older; (v) the ability of the venue
operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue. In addition, any policy submitted by the Board of
Trustees to the Illinois Liquor Control Commission must require
that any event at which alcoholic liquors are served or sold in
buildings under the control of the Board of Trustees shall

require the prior written approval of the Office of the
Chancellor for the University campus where the event is
located. The Board of Trustees shall submit its policy, and any
subsequently revised, updated, new, or amended policies, to the
Illinois Liquor Control Commission, and any University event,
or location for an event, exempted under such policies shall
apply for a license under the applicable Sections of this Act.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Northern Illinois
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
June 28, 2011 (the effective date of Public Act 97-45) this
amendatory Act of the 97th General Assembly concerning the
types of events that would be eligible for an exemption.
Thereafter, the Board of Trustees may issue revised, updated,
new, or amended policies as it deems necessary and appropriate.
In preparing its written policy, the Board of Trustees shall,
in addition to other factors it considers relevant and
important, give consideration to the following: (i) whether the
event is a student activity or student-related activity; (ii)
whether the physical setting of the event is conducive to
control of liquor sales and distribution; (iii) the ability of
the event operator to ensure that the sale or serving of
alcoholic liquors and the demeanor of the participants are in
accordance with State law and University policies; (iv) the

anticipated attendees at the event and the relative proportion
of individuals under the age of 21 to individuals age 21 or
older; (v) the ability of the venue operator to prevent the
sale or distribution of alcoholic liquors to individuals under
the age of 21; (vi) whether the event prohibits participants
from removing alcoholic beverages from the venue; and (vii)
whether the event prohibits participants from providing their
own alcoholic liquors to the venue.
Alcoholic liquor may be delivered to and sold at retail in
the Dorchester Senior Business Center owned by the Village of
Dolton if the alcoholic liquor is sold or dispensed only in
connection with organized functions for which the planned
attendance is 20 or more persons, and if the person or facility
selling or dispensing the alcoholic liquor has provided dram
shop liability insurance in maximum limits so as to hold
harmless the Village of Dolton and the State from all financial
loss, damage and harm.
Alcoholic liquors may be delivered to and sold at retail in
any building used as an Illinois State Armory provided:
(i) the Adjutant General's written consent to the
issuance of a license to sell alcoholic liquor in such
building is filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only in
connection with organized functions held on special
occasions;
(iii) the organized function is one for which the

planned attendance is 25 or more persons; and
(iv) the facility selling or dispensing the alcoholic
liquors has provided dram shop liability insurance in
maximum limits so as to save harmless the facility and the
State from all financial loss, damage or harm.
Alcoholic liquors may be delivered to and sold at retail in
the Chicago Civic Center, provided that:
(i) the written consent of the Public Building
Commission which administers the Chicago Civic Center is
filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only in
connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons;
(iv) the facility selling or dispensing the alcoholic
liquors has provided dram shop liability insurance in
maximum limits so as to hold harmless the Civic Center, the
City of Chicago and the State from all financial loss,
damage or harm; and
(v) all applicable local ordinances are complied with.
Alcoholic liquors may be delivered or sold in any building
belonging to or under the control of any city, village or
incorporated town where more than 75% of the physical
properties of the building is used for commercial or
recreational purposes, and the building is located upon a pier

extending into or over the waters of a navigable lake or stream
or on the shore of a navigable lake or stream. In accordance
with a license issued under this Act, alcoholic liquor may be
sold, served, or delivered in buildings and facilities under
the control of the Department of Natural Resources during
events or activities lasting no more than 7 continuous days
upon the written approval of the Director of Natural Resources
acting as the controlling government authority. The Director of
Natural Resources may specify conditions on that approval,
including but not limited to requirements for insurance and
hours of operation. Notwithstanding any other provision of this
Act, alcoholic liquor sold by a United States Army Corps of
Engineers or Department of Natural Resources concessionaire
who was operating on June 1, 1991 for on-premises consumption
only is not subject to the provisions of Articles IV and IX.
Beer and wine may be sold on the premises of the Joliet Park
District Stadium owned by the Joliet Park District when written
consent to the issuance of a license to sell beer and wine in
such premises is filed with the local liquor commissioner by
the Joliet Park District. Beer and wine may be sold in
buildings on the grounds of State veterans' homes when written
consent to the issuance of a license to sell beer and wine in
such buildings is filed with the Commission by the Department
of Veterans' Affairs, and the facility shall provide dram shop
liability in maximum insurance coverage limits so as to save
the facility harmless from all financial loss, damage or harm.

Such liquors may be delivered to and sold at any property owned
or held under lease by a Metropolitan Pier and Exposition
Authority or Metropolitan Exposition and Auditorium Authority.
Beer and wine may be sold and dispensed at professional
sporting events and at professional concerts and other
entertainment events conducted on premises owned by the Forest
Preserve District of Kane County, subject to the control of the
District Commissioners and applicable local law, provided that
dram shop liability insurance is provided at maximum coverage
limits so as to hold the District harmless from all financial
loss, damage and harm.
Nothing in this Section shall preclude the sale or delivery
of beer and wine at a State or county fair or the sale or
delivery of beer or wine at a city fair in any otherwise lawful
manner.
Alcoholic liquors may be sold at retail in buildings in
State parks under the control of the Department of Natural
Resources, provided:
a. the State park has overnight lodging facilities with
some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with the
commission by the Department of Natural Resources, and
c. the alcoholic liquors are sold by the State park

lodge or restaurant concessionaire only during the hours
from 11 o'clock a.m. until 12 o'clock midnight.
Notwithstanding any other provision of this Act, alcoholic
liquor sold by the State park or restaurant concessionaire
is not subject to the provisions of Articles IV and IX.
Alcoholic liquors may be sold at retail in buildings on
properties under the control of the Historic Sites and
Preservation Division of the Historic Preservation Agency or
the Abraham Lincoln Presidential Library and Museum provided:
a. the property has overnight lodging facilities with
some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with the
commission by the Historic Sites and Preservation Division
of the Historic Preservation Agency or the Abraham Lincoln
Presidential Library and Museum, and
c. the alcoholic liquors are sold by the lodge or
restaurant concessionaire only during the hours from 11
o'clock a.m. until 12 o'clock midnight.
The sale of alcoholic liquors pursuant to this Section does
not authorize the establishment and operation of facilities
commonly called taverns, saloons, bars, cocktail lounges, and
the like except as a part of lodge and restaurant facilities in
State parks or golf courses owned by Forest Preserve Districts

with a population of less than 3,000,000 or municipalities or
park districts.
Alcoholic liquors may be sold at retail in the Springfield
Administration Building of the Department of Transportation
and the Illinois State Armory in Springfield; provided, that
the controlling government authority may consent to such sales
only if
a. the request is from a not-for-profit organization;
b. such sales would not impede normal operations of the
departments involved;
c. the not-for-profit organization provides dram shop
liability in maximum insurance coverage limits and agrees
to defend, save harmless and indemnify the State of
Illinois from all financial loss, damage or harm;
d. no such sale shall be made during normal working
hours of the State of Illinois; and
e. the consent is in writing.
Alcoholic liquors may be sold at retail in buildings in
recreational areas of river conservancy districts under the
control of, or leased from, the river conservancy districts.
Such sales are subject to reasonable local regulations as
provided in Article IV; however, no such regulations may
prohibit or substantially impair the sale of alcoholic liquors
on Sundays or Holidays.
Alcoholic liquors may be provided in long term care
facilities owned or operated by a county under Division 5-21 or

5-22 of the Counties Code, when approved by the facility
operator and not in conflict with the regulations of the
Illinois Department of Public Health, to residents of the
facility who have had their consumption of the alcoholic
liquors provided approved in writing by a physician licensed to
practice medicine in all its branches.
Alcoholic liquors may be delivered to and dispensed in
State housing assigned to employees of the Department of
Corrections. No person shall furnish or allow to be furnished
any alcoholic liquors to any prisoner confined in any jail,
reformatory, prison or house of correction except upon a
physician's prescription for medicinal purposes.
Alcoholic liquors may be sold at retail or dispensed at the
Willard Ice Building in Springfield, at the State Library in
Springfield, and at Illinois State Museum facilities by (1) an
agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
controlling government authority, or by (2) a not-for-profit
organization, provided that such organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a manner
that does not impair normal operations of State offices
located in the building;
c. Sells or dispenses alcoholic liquors only in

connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at authorized functions.
The controlling government authority for the Willard Ice
Building in Springfield shall be the Director of the Department
of Revenue. The controlling government authority for Illinois
State Museum facilities shall be the Director of the Illinois
State Museum. The controlling government authority for the
State Library in Springfield shall be the Secretary of State.
Alcoholic liquors may be delivered to and sold at retail or
dispensed at any facility, property or building under the
jurisdiction of the Historic Sites and Preservation Division of
the Historic Preservation Agency or the Abraham Lincoln
Presidential Library and Museum where the delivery, sale or
dispensing is by (1) an agency of the State, whether
legislative, judicial or executive, provided that such agency
first obtains written permission to sell or dispense alcoholic
liquors from a controlling government authority, or by (2) an

individual or organization provided that such individual or
organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a manner
that does not impair normal workings of State offices or
operations located at the facility, property or building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity of the individual or
organization in the facility, property or building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
The controlling government authority for the Historic
Sites and Preservation Division of the Historic Preservation
Agency shall be the Director of the Historic Sites and
Preservation, and the controlling government authority for the
Abraham Lincoln Presidential Library and Museum shall be the
Director of the Abraham Lincoln Presidential Library and
Museum.
Alcoholic liquors may be delivered to and sold at retail or
dispensed for consumption at the Michael Bilandic Building at
160 North LaSalle Street, Chicago IL 60601, after the normal

business hours of any day care or child care facility located
in the building, by (1) a commercial tenant or subtenant
conducting business on the premises under a lease made pursuant
to Section 405-315 of the Department of Central Management
Services Law (20 ILCS 405/405-315), provided that such tenant
or subtenant who accepts delivery of, sells, or dispenses
alcoholic liquors shall procure and maintain dram shop
liability insurance in maximum coverage limits and in which the
carrier agrees to defend, indemnify, and save harmless the
State of Illinois from all financial loss, damage, or harm
arising out of the delivery, sale, or dispensing of alcoholic
liquors, or by (2) an agency of the State, whether legislative,
judicial, or executive, provided that such agency first obtains
written permission to accept delivery of and sell or dispense
alcoholic liquors from the Director of Central Management
Services, or by (3) a not-for-profit organization, provided
that such organization:
a. obtains written consent from the Department of
Central Management Services;
b. accepts delivery of and sells or dispenses the
alcoholic liquors in a manner that does not impair normal
operations of State offices located in the building;
c. accepts delivery of and sells or dispenses alcoholic
liquors only in connection with an official activity in the
building; and
d. provides, or its catering service provides, dram

shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless, and
indemnify the State of Illinois from all financial loss,
damage, or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Director of
Central Management Services.
Alcoholic liquors may be sold at retail or dispensed at the
James R. Thompson Center in Chicago, subject to the provisions
of Section 7.4 of the State Property Control Act, and 222 South
College Street in Springfield, Illinois by (1) a commercial
tenant or subtenant conducting business on the premises under a
lease or sublease made pursuant to Section 405-315 of the
Department of Central Management Services Law (20 ILCS
405/405-315), provided that such tenant or subtenant who sells
or dispenses alcoholic liquors shall procure and maintain dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, indemnify and save harmless
the State of Illinois from all financial loss, damage or harm
arising out of the sale or dispensing of alcoholic liquors, or
by (2) an agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the

Director of Central Management Services, or by (3) a
not-for-profit organization, provided that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a manner
that does not impair normal operations of State offices
located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Director of
Central Management Services.
Alcoholic liquors may be sold or delivered at any facility
owned by the Illinois Sports Facilities Authority provided that
dram shop liability insurance has been made available in a
form, with such coverage and in such amounts as the Authority
reasonably determines is necessary.
Alcoholic liquors may be sold at retail or dispensed at the

Rockford State Office Building by (1) an agency of the State,
whether legislative, judicial or executive, provided that such
agency first obtains written permission to sell or dispense
alcoholic liquors from the Department of Central Management
Services, or by (2) a not-for-profit organization, provided
that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a manner
that does not impair normal operations of State offices
located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Department of
Central Management Services.
Alcoholic liquors may be sold or delivered in a building
that is owned by McLean County, situated on land owned by the

county in the City of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by an ordinance adopted by the county board, and the
municipality in which the building is located may not prohibit
that sale or delivery, notwithstanding any other provision of
this Section. The regulation of the sale and delivery of
alcoholic liquor in a building that is owned by McLean County,
situated on land owned by the county, and used by the McLean
County Historical Society as provided in this paragraph is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution of the power of a home rule municipality
to regulate that sale and delivery.
Alcoholic liquors may be sold or delivered in any building
situated on land held in trust for any school district
organized under Article 34 of the School Code, if the building
is not used for school purposes and if the sale or delivery is
approved by the board of education.
Alcoholic liquors may be sold or delivered in buildings
owned by the Community Building Complex Committee of Boone
County, Illinois if the person or facility selling or
dispensing the alcoholic liquor has provided dram shop
liability insurance with coverage and in amounts that the
Committee reasonably determines are necessary.
Alcoholic liquors may be sold or delivered in the building
located at 1200 Centerville Avenue in Belleville, Illinois and

occupied by either the Belleville Area Special Education
District or the Belleville Area Special Services Cooperative.
Alcoholic liquors may be delivered to and sold at the Louis
Joliet Renaissance Center, City Center Campus, located at 214
N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
Department facilities, Main Campus, located at 1215 Houbolt
Road, Joliet, owned by or under the control of Joliet Junior
College, Illinois Community College District No. 525.
Alcoholic liquors may be delivered to and sold at Triton
College, Illinois Community College District No. 504.
Alcoholic liquors may be delivered to and sold at the
College of DuPage, Illinois Community College District No. 502.
Alcoholic liquors may be delivered to and sold at the
building located at 446 East Hickory Avenue in Apple River,
Illinois, owned by the Apple River Fire Protection District,
and occupied by the Apple River Community Association if the
alcoholic liquor is sold or dispensed only in connection with
organized functions approved by the Apple River Community
Association for which the planned attendance is 20 or more
persons and if the person or facility selling or dispensing the
alcoholic liquor has provided dram shop liability insurance in
maximum limits so as to hold harmless the Apple River Fire
Protection District, the Village of Apple River, and the Apple
River Community Association from all financial loss, damage,
and harm.
Alcoholic liquors may be delivered to and sold at the Sikia

Restaurant, Kennedy King College Campus, located at 740 West
63rd Street, Chicago, and at the Food Services in the Great
Hall/Washburne Culinary Institute Department facility, Kennedy
King College Campus, located at 740 West 63rd Street, Chicago,
owned by or under the control of City Colleges of Chicago,
Illinois Community College District No. 508.
(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51,
eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11;
97-395, eff. 8-16-11; revised 10-4-11.)
Section 490. The Illinois Public Aid Code is amended by
changing Sections 4-1, 5-2, 5-5.4, 5-5.7, 5-5.12, 5-6, 5B-1,
5B-4, 5B-5, 5E-5, 8A-11, and 12-4.42 as follows:
(305 ILCS 5/4-1) (from Ch. 23, par. 4-1)
Sec. 4-1. Eligibility requirements. Financial aid in
meeting basic maintenance requirements for a livelihood
compatible with health and well-being shall be given under this
Article to or in behalf of families with dependent children who
meet the eligibility conditions of Sections 4-1.1 through
4-1.12 4-1.11. It shall be the policy of the Illinois
Department to provide aid under this Article to all qualified
persons who seek assistance and to conduct outreach efforts to
educate the public about the program. The Department shall
provide timely, accurate, and fair service to all applicants
for assistance. Persons who meet the eligibility criteria

authorized under this Article shall be treated equally,
provided that nothing in this Article shall be construed to
create an entitlement to a particular grant or service level or
to aid in amounts not authorized under this Code, nor construed
to limit the authority of the General Assembly to change the
eligibility requirements or provisions respecting assistance
amounts. The General Assembly recognizes that the need for aid
will fluctuate with the economic situation in Illinois and that
at times the number of people receiving aid under this Article
will increase.
The Illinois Department shall advise every applicant for
and recipient of aid under this Article of (i) the requirement
that all recipients move toward self-sufficiency and (ii) the
value and benefits of employment. As a condition of eligibility
for that aid, every person who applies for aid under this
Article on or after the effective date of this amendatory Act
of 1995 shall prepare and submit, as part of the application or
subsequent redetermination, a personal plan for achieving
employment and self-sufficiency. The plan shall incorporate
the individualized assessment and employability plan set out in
subsections (d), (f), and (g) of Section 9A-8. The plan may be
amended as the recipient's needs change. The assessment process
to develop the plan shall include questions that screen for
domestic violence issues and steps needed to address these
issues may be part of the plan. If the individual indicates
that he or she is a victim of domestic violence, he or she may

also be referred to an available domestic violence program.
Failure of the client to follow through on the personal plan
for employment and self-sufficiency may be a basis for sanction
under Section 4-21.
(Source: P.A. 96-866, eff. 7-1-10; revised 11-18-11.)
(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

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

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

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

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

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

shall be provided to such persons to the maximum extent
permitted under Title XIX of the Federal Social Security
Act.
10. Participants in the long-term care insurance
partnership program established under the Illinois
Long-Term Care Partnership Program Act who meet the
qualifications for protection of resources described in
Section 15 of that Act.
11. Persons with disabilities who are employed and
eligible for Medicaid, pursuant to Section
1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
subject to federal approval, persons with a medically
improved disability who are employed and eligible for
Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
the Social Security Act, as provided by the Illinois
Department by rule. In establishing eligibility standards
under this paragraph 11, the Department shall, subject to
federal approval:
(a) set the income eligibility standard at not
lower than 350% of the federal poverty level;
(b) exempt retirement accounts that the person
cannot access without penalty before the age of 59 1/2,
and medical savings accounts established pursuant to
26 U.S.C. 220;
(c) allow non-exempt assets up to $25,000 as to
those assets accumulated during periods of eligibility

under this paragraph 11; and
(d) continue to apply subparagraphs (b) and (c) in
determining the eligibility of the person under this
Article even if the person loses eligibility under this
paragraph 11.
12. Subject to federal approval, persons who are
eligible for medical assistance coverage under applicable
provisions of the federal Social Security Act and the
federal Breast and Cervical Cancer Prevention and
Treatment Act of 2000. Those eligible persons are defined
to include, but not be limited to, the following persons:
(1) persons who have been screened for breast or
cervical cancer under the U.S. Centers for Disease
Control and Prevention Breast and Cervical Cancer
Program established under Title XV of the federal
Public Health Services Act in accordance with the
requirements of Section 1504 of that Act as
administered by the Illinois Department of Public
Health; and
(2) persons whose screenings under the above
program were funded in whole or in part by funds
appropriated to the Illinois Department of Public
Health for breast or cervical cancer screening.
"Medical assistance" under this paragraph 12 shall be
identical to the benefits provided under the State's
approved plan under Title XIX of the Social Security Act.

The Department must request federal approval of the
coverage under this paragraph 12 within 30 days after the
effective date of this amendatory Act of the 92nd General
Assembly.
In addition to the persons who are eligible for medical
assistance pursuant to subparagraphs (1) and (2) of this
paragraph 12, and to be paid from funds appropriated to the
Department for its medical programs, any uninsured person
as defined by the Department in rules residing in Illinois
who is younger than 65 years of age, who has been screened
for breast and cervical cancer in accordance with standards
and procedures adopted by the Department of Public Health
for screening, and who is referred to the Department by the
Department of Public Health as being in need of treatment
for breast or cervical cancer is eligible for medical
assistance benefits that are consistent with the benefits
provided to those persons described in subparagraphs (1)
and (2). Medical assistance coverage for the persons who
are eligible under the preceding sentence is not dependent
on federal approval, but federal moneys may be used to pay
for services provided under that coverage upon federal
approval.
13. Subject to appropriation and to federal approval,
persons living with HIV/AIDS who are not otherwise eligible
under this Article and who qualify for services covered
under Section 5-5.04 as provided by the Illinois Department

by rule.
14. Subject to the availability of funds for this
purpose, the Department may provide coverage under this
Article to persons who reside in Illinois who are not
eligible under any of the preceding paragraphs and who meet
the income guidelines of paragraph 2(a) of this Section and
(i) have an application for asylum pending before the
federal Department of Homeland Security or on appeal before
a court of competent jurisdiction and are represented
either by counsel or by an advocate accredited by the
federal Department of Homeland Security and employed by a
not-for-profit organization in regard to that application
or appeal, or (ii) are receiving services through a
federally funded torture treatment center. Medical
coverage under this paragraph 14 may be provided for up to
24 continuous months from the initial eligibility date so
long as an individual continues to satisfy the criteria of
this paragraph 14. If an individual has an appeal pending
regarding an application for asylum before the Department
of Homeland Security, eligibility under this paragraph 14
may be extended until a final decision is rendered on the
appeal. The Department may adopt rules governing the
implementation of this paragraph 14.
15. Family Care Eligibility.
(a) Through December 31, 2013, 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. Beginning
January 1, 2014, a caretaker relative who is 19 years
of age or older when countable income is at or below
133% 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
60 days of coverage to pay the premium.
(g) Failure to pay the full monthly premium by the
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
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. Subject to appropriation, uninsured persons who
are not otherwise eligible under this Section who have been
certified and referred by the Department of Public Health
as having been screened and found to need diagnostic
evaluation or treatment, or both diagnostic evaluation and
treatment, for prostate or testicular cancer. For the
purposes of this paragraph 16, uninsured persons are those
who do not have creditable coverage, as defined under the
Health Insurance Portability and Accountability Act, or
have otherwise exhausted any insurance benefits they may
have had, for prostate or testicular cancer diagnostic
evaluation or treatment, or both diagnostic evaluation and
treatment. To be eligible, a person must furnish a Social
Security number. A person's assets are exempt from
consideration in determining eligibility under this
paragraph 16. Such persons shall be eligible for medical
assistance under this paragraph 16 for so long as they need
treatment for the cancer. A person shall be considered to
need treatment if, in the opinion of the person's treating
physician, the person requires therapy directed toward

cure or palliation of prostate or testicular cancer,
including recurrent metastatic cancer that is a known or
presumed complication of prostate or testicular cancer and
complications resulting from the treatment modalities
themselves. Persons who require only routine monitoring
services are not considered to need treatment. "Medical
assistance" under this paragraph 16 shall be identical to
the benefits provided under the State's approved plan under
Title XIX of the Social Security Act. Notwithstanding any
other provision of law, the Department (i) does not have a
claim against the estate of a deceased recipient of
services under this paragraph 16 and (ii) does not have a
lien against any homestead property or other legal or
equitable real property interest owned by a recipient of
services under this paragraph 16.
In implementing the provisions of Public Act 96-20, the
Department is authorized to adopt only those rules necessary,
including emergency rules. Nothing in Public Act 96-20 permits
the Department to adopt rules or issue a decision that expands
eligibility for the FamilyCare Program to a person whose income
exceeds 185% of the Federal Poverty Level as determined from
time to time by the U.S. Department of Health and Human
Services, unless the Department is provided with express
statutory authority.
The 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
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. 96-20, eff. 6-30-09; 96-181, eff. 8-10-09;
96-328, eff. 8-11-09; 96-567, eff. 1-1-10; 96-1000, eff.
7-2-10; 96-1123, eff. 1-1-11; 96-1270, eff. 7-26-10; 97-48,
eff. 6-28-11; 97-74, eff. 6-30-11; 97-333, eff. 8-12-11;
revised 10-4-11.)
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
Sec. 5-5.4. Standards of Payment - Department of Healthcare
and Family Services. The Department of Healthcare and Family
Services shall develop standards of payment of nursing facility
and ICF/DD services in facilities providing such services under
this Article which:
(1) Provide for the determination of a facility's payment
for nursing facility or ICF/DD services on a prospective basis.
The amount of the payment rate for all nursing facilities
certified by the Department of Public Health under the ID/DD
Community Care Act or the Nursing Home Care Act as Intermediate
Care for the Developmentally Disabled facilities, Long Term
Care for Under Age 22 facilities, Skilled Nursing facilities,
or Intermediate Care facilities under the medical assistance
program shall be prospectively established annually on the
basis of historical, financial, and statistical data
reflecting actual costs from prior years, which shall be
applied to the current rate year and updated for inflation,
except that the capital cost element for newly constructed
facilities shall be based upon projected budgets. The annually

established payment rate shall take effect on July 1 in 1984
and subsequent years. No rate increase and no update for
inflation shall be provided on or after July 1, 1994 and before
July 1, 2012, unless specifically provided for in this Section.
The changes made by Public Act 93-841 extending the duration of
the prohibition against a rate increase or update for inflation
are effective retroactive to July 1, 2004.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 1998
shall include an increase of 3%. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act as
Skilled Nursing facilities or Intermediate Care facilities,
the rates taking effect on July 1, 1998 shall include an
increase of 3% plus $1.10 per resident-day, as defined by the
Department. For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
Facilities for the Developmentally Disabled or Long Term Care
for Under Age 22 facilities, the rates taking effect on January
1, 2006 shall include an increase of 3%. For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Intermediate Care Facilities for the
Developmentally Disabled or Long Term Care for Under Age 22
facilities, the rates taking effect on January 1, 2009 shall
include an increase sufficient to provide a $0.50 per hour wage

increase for non-executive staff.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 1999
shall include an increase of 1.6% plus $3.00 per resident-day,
as defined by the Department. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act as
Skilled Nursing facilities or Intermediate Care facilities,
the rates taking effect on July 1, 1999 shall include an
increase of 1.6% and, for services provided on or after October
1, 1999, shall be increased by $4.00 per resident-day, as
defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 2000
shall include an increase of 2.5% per resident-day, as defined
by the Department. For facilities licensed by the Department of
Public Health under the Nursing Home Care Act as Skilled
Nursing facilities or Intermediate Care facilities, the rates
taking effect on July 1, 2000 shall include an increase of 2.5%
per resident-day, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as skilled nursing facilities
or intermediate care facilities, a new payment methodology must

be implemented for the nursing component of the rate effective
July 1, 2003. The Department of Public Aid (now Healthcare and
Family Services) shall develop the new payment methodology
using the Minimum Data Set (MDS) as the instrument to collect
information concerning nursing home resident condition
necessary to compute the rate. The Department shall develop the
new payment methodology to meet the unique needs of Illinois
nursing home residents while remaining subject to the
appropriations provided by the General Assembly. A transition
period from the payment methodology in effect on June 30, 2003
to the payment methodology in effect on July 1, 2003 shall be
provided for a period not exceeding 3 years and 184 days after
implementation of the new payment methodology as follows:
(A) For a facility that would receive a lower nursing
component rate per patient day under the new system than
the facility received effective on the date immediately
preceding the date that the Department implements the new
payment methodology, the nursing component rate per
patient day for the facility shall be held at the level in
effect on the date immediately preceding the date that the
Department implements the new payment methodology until a
higher nursing component rate of reimbursement is achieved
by that facility.
(B) For a facility that would receive a higher nursing
component rate per patient day under the payment
methodology in effect on July 1, 2003 than the facility

received effective on the date immediately preceding the
date that the Department implements the new payment
methodology, the nursing component rate per patient day for
the facility shall be adjusted.
(C) Notwithstanding paragraphs (A) and (B), the
nursing component rate per patient day for the facility
shall be adjusted subject to appropriations provided by the
General Assembly.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on March 1, 2001
shall include a statewide increase of 7.85%, as defined by the
Department.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, except facilities participating
in the Department's demonstration program pursuant to the
provisions of Title 77, Part 300, Subpart T of the Illinois
Administrative Code, the numerator of the ratio used by the
Department of Healthcare and Family Services to compute the
rate payable under this Section using the Minimum Data Set
(MDS) methodology shall incorporate the following annual
amounts as the additional funds appropriated to the Department
specifically to pay for rates based on the MDS nursing

component methodology in excess of the funding in effect on
December 31, 2006:
(i) For rates taking effect January 1, 2007,
$60,000,000.
(ii) For rates taking effect January 1, 2008,
$110,000,000.
(iii) For rates taking effect January 1, 2009,
$194,000,000.
(iv) For rates taking effect April 1, 2011, or the
first day of the month that begins at least 45 days after
the effective date of this amendatory Act of the 96th
General Assembly, $416,500,000 or an amount as may be
necessary to complete the transition to the MDS methodology
for the nursing component of the rate. Increased payments
under this item (iv) are not due and payable, however,
until (i) the methodologies described in this paragraph are
approved by the federal government in an appropriate State
Plan amendment and (ii) the assessment imposed by Section
5B-2 of this Code is determined to be a permissible tax
under Title XIX of the Social Security Act.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the support component of the
rates taking effect on January 1, 2008 shall be computed using
the most recent cost reports on file with the Department of

Healthcare and Family Services no later than April 1, 2005,
updated for inflation to January 1, 2006.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on April 1, 2002
shall include a statewide increase of 2.0%, as defined by the
Department. This increase terminates on July 1, 2002; beginning
July 1, 2002 these rates are reduced to the level of the rates
in effect on March 31, 2002, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as skilled nursing facilities
or intermediate care facilities, the rates taking effect on
July 1, 2001 shall be computed using the most recent cost
reports on file with the Department of Public Aid no later than
April 1, 2000, updated for inflation to January 1, 2001. For
rates effective July 1, 2001 only, rates shall be the greater
of the rate computed for July 1, 2001 or the rate effective on
June 30, 2001.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the Illinois Department shall
determine by rule the rates taking effect on July 1, 2002,
which shall be 5.9% less than the rates in effect on June 30,
2002.

Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, if the payment methodologies
required under Section 5A-12 and the waiver granted under 42
CFR 433.68 are approved by the United States Centers for
Medicare and Medicaid Services, the rates taking effect on July
1, 2004 shall be 3.0% greater than the rates in effect on June
30, 2004. These rates shall take effect only upon approval and
implementation of the payment methodologies required under
Section 5A-12.
Notwithstanding any other provisions of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the rates taking effect on
January 1, 2005 shall be 3% more than the rates in effect on
December 31, 2004.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, effective January 1, 2009, the
per diem support component of the rates effective on January 1,
2008, computed using the most recent cost reports on file with
the Department of Healthcare and Family Services no later than
April 1, 2005, updated for inflation to January 1, 2006, shall
be increased to the amount that would have been derived using

standard Department of Healthcare and Family Services methods,
procedures, and inflators.
Notwithstanding any other provisions of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as intermediate care facilities that
are federally defined as Institutions for Mental Disease, or
facilities licensed by the Department of Public Health under
the Specialized Mental Health Rehabilitation Facilities Act, a
socio-development component rate equal to 6.6% of the
facility's nursing component rate as of January 1, 2006 shall
be established and paid effective July 1, 2006. The
socio-development component of the rate shall be increased by a
factor of 2.53 on the first day of the month that begins at
least 45 days after January 11, 2008 (the effective date of
Public Act 95-707). As of August 1, 2008, the socio-development
component rate shall be equal to 6.6% of the facility's nursing
component rate as of January 1, 2006, multiplied by a factor of
3.53. For services provided on or after April 1, 2011, or the
first day of the month that begins at least 45 days after the
effective date of this amendatory Act of the 96th General
Assembly, whichever is later, the Illinois Department may by
rule adjust these socio-development component rates, and may
use different adjustment methodologies for those facilities
participating, and those not participating, in the Illinois
Department's demonstration program pursuant to the provisions
of Title 77, Part 300, Subpart T of the Illinois Administrative

Code, but in no case may such rates be diminished below those
in effect on August 1, 2008.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or as long-term care
facilities for residents under 22 years of age, the rates
taking effect on July 1, 2003 shall include a statewide
increase of 4%, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on the first day of
the month that begins at least 45 days after the effective date
of this amendatory Act of the 95th General Assembly shall
include a statewide increase of 2.5%, as defined by the
Department.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, effective January 1, 2005,
facility rates shall be increased by the difference between (i)
a facility's per diem property, liability, and malpractice
insurance costs as reported in the cost report filed with the
Department of Public Aid and used to establish rates effective
July 1, 2001 and (ii) those same costs as reported in the
facility's 2002 cost report. These costs shall be passed

through to the facility without caps or limitations, except for
adjustments required under normal auditing procedures.
Rates established effective each July 1 shall govern
payment for services rendered throughout that fiscal year,
except that rates established on July 1, 1996 shall be
increased by 6.8% for services provided on or after January 1,
1997. Such rates will be based upon the rates calculated for
the year beginning July 1, 1990, and for subsequent years
thereafter until June 30, 2001 shall be based on the facility
cost reports for the facility fiscal year ending at any point
in time during the previous calendar year, updated to the
midpoint of the rate year. The cost report shall be on file
with the Department no later than April 1 of the current rate
year. Should the cost report not be on file by April 1, the
Department shall base the rate on the latest cost report filed
by each skilled care facility and intermediate care facility,
updated to the midpoint of the current rate year. In
determining rates for services rendered on and after July 1,
1985, fixed time shall not be computed at less than zero. The
Department shall not make any alterations of regulations which
would reduce any component of the Medicaid rate to a level
below what that component would have been utilizing in the rate
effective on July 1, 1984.
(2) Shall take into account the actual costs incurred by
facilities in providing services for recipients of skilled
nursing and intermediate care services under the medical

assistance program.
(3) Shall take into account the medical and psycho-social
characteristics and needs of the patients.
(4) Shall take into account the actual costs incurred by
facilities in meeting licensing and certification standards
imposed and prescribed by the State of Illinois, any of its
political subdivisions or municipalities and by the U.S.
Department of Health and Human Services pursuant to Title XIX
of the Social Security Act.
The Department of Healthcare and Family Services shall
develop precise standards for payments to reimburse nursing
facilities for any utilization of appropriate rehabilitative
personnel for the provision of rehabilitative services which is
authorized by federal regulations, including reimbursement for
services provided by qualified therapists or qualified
assistants, and which is in accordance with accepted
professional practices. Reimbursement also may be made for
utilization of other supportive personnel under appropriate
supervision.
The Department shall develop enhanced payments to offset
the additional costs incurred by a facility serving exceptional
need residents and shall allocate at least $8,000,000 of the
funds collected from the assessment established by Section 5B-2
of this Code for such payments. For the purpose of this
Section, "exceptional needs" means, but need not be limited to,
ventilator care, tracheotomy care, bariatric care, complex

wound care, and traumatic brain injury care. The enhanced
payments for exceptional need residents under this paragraph
are not due and payable, however, until (i) the methodologies
described in this paragraph are approved by the federal
government in an appropriate State Plan amendment and (ii) the
assessment imposed by Section 5B-2 of this Code is determined
to be a permissible tax under Title XIX of the Social Security
Act.
(5) Beginning July 1, 2012 the methodologies for
reimbursement of nursing facility services as provided under
this Section 5-5.4 shall no longer be applicable for bills
payable for State fiscal years 2012 and thereafter.
(6) No payment increase under this Section for the MDS
methodology, exceptional care residents, or the
socio-development component rate established by Public Act
96-1530 of the 96th General Assembly and funded by the
assessment imposed under Section 5B-2 of this Code shall be due
and payable until after the Department notifies the long-term
care providers, in writing, that the payment methodologies to
long-term care providers required under this Section have been
approved by the Centers for Medicare and Medicaid Services of
the U.S. Department of Health and Human Services and the
waivers under 42 CFR 433.68 for the assessment imposed by this
Section, if necessary, have been granted by the Centers for
Medicare and Medicaid Services of the U.S. Department of Health
and Human Services. Upon notification to the Department of

approval of the payment methodologies required under this
Section and the waivers granted under 42 CFR 433.68, all
increased payments otherwise due under this Section prior to
the date of notification shall be due and payable within 90
days of the date federal approval is received.
(Source: P.A. 96-45, eff. 7-15-09; 96-339, eff. 7-1-10; 96-959,
eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1530, eff. 2-16-11;
97-10, eff. 6-14-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-584, eff. 8-26-11; revised 10-4-11.)
(305 ILCS 5/5-5.7) (from Ch. 23, par. 5-5.7)
Sec. 5-5.7. Cost Reports - Audits. The Department of
Healthcare and Family Services shall work with the Department
of Public Health to use cost report information currently being
collected under provisions of the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, and the ID/DD
Community Care Act. The Department of Healthcare and Family
Services may, in conjunction with the Department of Public
Health, develop in accordance with generally accepted
accounting principles a uniform chart of accounts which each
facility providing services under the medical assistance
program shall adopt, after a reasonable period.
Facilities licensed under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, Act or the ID/DD
Community Care Act and providers of adult developmental
training services certified by the Department of Human Services

pursuant to Section 15.2 of the Mental Health and Developmental
Disabilities Administrative Act which provide services to
clients eligible for medical assistance under this Article are
responsible for submitting the required annual cost report to
the Department of Healthcare and Family Services.
The Department of Healthcare and Family Services shall
audit the financial and statistical records of each provider
participating in the medical assistance program as a nursing
facility, a specialized mental health rehabilitation facility,
or an ICF/DD over a 3 year period, beginning with the close of
the first cost reporting year. Following the end of this 3-year
term, audits of the financial and statistical records will be
performed each year in at least 20% of the facilities
participating in the medical assistance program with at least
10% being selected on a random sample basis, and the remainder
selected on the basis of exceptional profiles. All audits shall
be conducted in accordance with generally accepted auditing
standards.
The Department of Healthcare and Family Services shall
establish prospective payment rates for categories or levels of
services within each licensure class, in order to more
appropriately recognize the individual needs of patients in
nursing facilities.
The Department of Healthcare and Family Services shall
provide, during the process of establishing the payment rate
for nursing facility, specialized mental health rehabilitation

facility, or ICF/DD services, or when a substantial change in
rates is proposed, an opportunity for public review and comment
on the proposed rates prior to their becoming effective.
(Source: P.A. 96-339, eff. 7-1-10; 96-1530, eff. 2-16-11;
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 10-4-11.)
(305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
Sec. 5-5.12. Pharmacy payments.
(a) Every request submitted by a pharmacy for reimbursement
under this Article for prescription drugs provided to a
recipient of aid under this Article shall include the name of
the prescriber or an acceptable identification number as
established by the Department.
(b) Pharmacies providing prescription drugs under this
Article shall be reimbursed at a rate which shall include a
professional dispensing fee as determined by the Illinois
Department, plus the current acquisition cost of the
prescription drug dispensed. The Illinois Department shall
update its information on the acquisition costs of all
prescription drugs no less frequently than every 30 days.
However, the Illinois Department may set the rate of
reimbursement for the acquisition cost, by rule, at a
percentage of the current average wholesale acquisition cost.
(c) (Blank).
(d) The Department shall not impose requirements for prior
approval based on a preferred drug list for anti-retroviral,

anti-hemophilic factor concentrates, or any atypical
antipsychotics, conventional antipsychotics, or
anticonvulsants used for the treatment of serious mental
illnesses until 30 days after it has conducted a study of the
impact of such requirements on patient care and submitted a
report to the Speaker of the House of Representatives and the
President of the Senate. The Department shall review
utilization of narcotic medications in the medical assistance
program and impose utilization controls that protect against
abuse.
(e) When making determinations as to which drugs shall be
on a prior approval list, the Department shall include as part
of the analysis for this determination, the degree to which a
drug may affect individuals in different ways based on factors
including the gender of the person taking the medication.
(f) The Department shall cooperate with the Department of
Public Health and the Department of Human Services Division of
Mental Health in identifying psychotropic medications that,
when given in a particular form, manner, duration, or frequency
(including "as needed") in a dosage, or in conjunction with
other psychotropic medications to a nursing home resident or to
a resident of a facility licensed under the ID/DD MR/DD
Community Care Act, may constitute a chemical restraint or an
"unnecessary drug" as defined by the Nursing Home Care Act or
Titles XVIII and XIX of the Social Security Act and the
implementing rules and regulations. The Department shall

require prior approval for any such medication prescribed for a
nursing home resident or to a resident of a facility licensed
under the ID/DD MR/DD Community Care Act, that appears to be a
chemical restraint or an unnecessary drug. The Department shall
consult with the Department of Human Services Division of
Mental Health in developing a protocol and criteria for
deciding whether to grant such prior approval.
(g) The Department may by rule provide for reimbursement of
the dispensing of a 90-day supply of a generic or brand name,
non-narcotic maintenance medication in circumstances where it
is cost effective.
(h) Effective July 1, 2011, the Department shall
discontinue coverage of select over-the-counter drugs,
including analgesics and cough and cold and allergy
medications.
(i) The Department shall seek any necessary waiver from the
federal government in order to establish a program limiting the
pharmacies eligible to dispense specialty drugs and shall issue
a Request for Proposals in order to maximize savings on these
drugs. The Department shall by rule establish the drugs
required to be dispensed in this program.
(Source: P.A. 96-1269, eff. 7-26-10; 96-1372, eff. 7-29-10;
96-1501, eff. 1-25-11; 97-38, eff. 6-28-11; 97-74, eff.
6-30-11; 97-333, eff. 8-12-11; 97-426, eff. 1-1-12; revised
10-4-11.)

(305 ILCS 5/5-6) (from Ch. 23, par. 5-6)
Sec. 5-6. Obligations incurred prior to death of a
recipient. Obligations incurred but not paid for at the time of
a recipient's death for services authorized under Section 5-5,
including medical and other care in facilities as defined in
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act, or in like
facilities not required to be licensed under that Act, may be
paid, subject to the rules and regulations of the Illinois
Department, after the death of the recipient.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 10-4-11.)
(305 ILCS 5/5B-1) (from Ch. 23, par. 5B-1)
Sec. 5B-1. Definitions. As used in this Article, unless the
context requires otherwise:
"Fund" means the Long-Term Care Provider Fund.
"Long-term care facility" means (i) a nursing facility,
whether public or private and whether organized for profit or
not-for-profit, that is subject to licensure by the Illinois
Department of Public Health under the Nursing Home Care Act or
the ID/DD Community Care Act, including a county nursing home
directed and maintained under Section 5-1005 of the Counties
Code, and (ii) a part of a hospital in which skilled or
intermediate long-term care services within the meaning of
Title XVIII or XIX of the Social Security Act are provided;

except that the term "long-term care facility" does not include
a facility operated by a State agency or operated solely as an
intermediate care facility for the mentally retarded within the
meaning of Title XIX of the Social Security Act.
"Long-term care provider" means (i) a person licensed by
the Department of Public Health to operate and maintain a
skilled nursing or intermediate long-term care facility or (ii)
a hospital provider that provides skilled or intermediate
long-term care services within the meaning of Title XVIII or
XIX of the Social Security Act. For purposes of this paragraph,
"person" means any political subdivision of the State,
municipal corporation, individual, firm, partnership,
corporation, company, limited liability company, association,
joint stock association, or trust, or a receiver, executor,
trustee, guardian, or other representative appointed by order
of any court. "Hospital provider" means a person licensed by
the Department of Public Health to conduct, operate, or
maintain a hospital.
"Occupied bed days" shall be computed separately for each
long-term care facility operated or maintained by a long-term
care provider, and means the sum for all beds of the number of
days during the month on which each bed was occupied by a
resident, other than a resident for whom Medicare Part A is the
primary payer.
(Source: P.A. 96-339, eff. 7-1-10; 96-1530, eff. 2-16-11;
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised 10-4-11.)

(305 ILCS 5/5B-4) (from Ch. 23, par. 5B-4)
Sec. 5B-4. Payment of assessment; penalty.
(a) The assessment imposed by Section 5B-2 shall be due and
payable monthly, on the last State business day of the month
for occupied bed days reported for the preceding third month
prior to the month in which the tax is payable and due. A
facility that has delayed payment due to the State's failure to
reimburse for services rendered may request an extension on the
due date for payment pursuant to subsection (b) and shall pay
the assessment within 30 days of reimbursement by the
Department. The Illinois Department may provide that county
nursing homes directed and maintained pursuant to Section
5-1005 of the Counties Code may meet their assessment
obligation by certifying to the Illinois Department that county
expenditures have been obligated for the operation of the
county nursing home in an amount at least equal to the amount
of the assessment.
(a-5) The Illinois Department shall provide for an
electronic submission process for each long-term care facility
to report at a minimum the number of occupied bed days of the
long-term care facility for the reporting period and other
reasonable information the Illinois Department requires for
the administration of its responsibilities under this Code.
Beginning July 1, 2013, a separate electronic submission shall
be completed for each long-term care facility in this State

operated by a long-term care provider. The Illinois Department
shall prepare an assessment bill stating the amount due and
payable each month and submit it to each long-term care
facility via an electronic process. Each assessment payment
shall be accompanied by a copy of the assessment bill sent to
the long-term care facility by the Illinois Department. To the
extent practicable, the Department shall coordinate the
assessment reporting requirements with other reporting
required of long-term care facilities.
(b) The Illinois Department is authorized to establish
delayed payment schedules for long-term care providers that are
unable to make assessment payments when due under this Section
due to financial difficulties, as determined by the Illinois
Department. The Illinois Department may not deny a request for
delay of payment of the assessment imposed under this Article
if the long-term care provider has not been paid for services
provided during the month on which the assessment is levied.
(c) If a long-term care provider fails to pay the full
amount of an assessment payment when due (including any
extensions granted under subsection (b)), there shall, unless
waived by the Illinois Department for reasonable cause, be
added to the assessment imposed by Section 5B-2 a penalty
assessment equal to the lesser of (i) 5% of the amount of the
assessment payment not paid on or before the due date plus 5%
of the portion thereof remaining unpaid on the last day of each
month thereafter or (ii) 100% of the assessment payment amount

not paid on or before the due date. For purposes of this
subsection, payments will be credited first to unpaid
assessment payment amounts (rather than to penalty or
interest), beginning with the most delinquent assessment
payments. Payment cycles of longer than 60 days shall be one
factor the Director takes into account in granting a waiver
under this Section.
(c-5) If a long-term care facility fails to file its
assessment bill with payment, there shall, unless waived by the
Illinois Department for reasonable cause, be added to the
assessment due a penalty assessment equal to 25% of the
assessment due. After July 1, 2013, no penalty shall be
assessed under this Section if the Illinois Department does not
provide a process for the electronic submission of the
information required by subsection (a-5).
(d) Nothing in this amendatory Act of 1993 shall be
construed to prevent the Illinois Department from collecting
all amounts due under this Article pursuant to an assessment
imposed before the effective date of this amendatory Act of
1993.
(e) Nothing in this amendatory Act of the 96th General
Assembly shall be construed to prevent the Illinois Department
from collecting all amounts due under this Code pursuant to an
assessment, tax, fee, or penalty imposed before the effective
date of this amendatory Act of the 96th General Assembly.
(f) No installment of the assessment imposed by Section

5B-2 shall be due and payable until after the Department
notifies the long-term care providers, in writing, that the
payment methodologies to long-term care providers required
under Section 5-5.4 of this Code have been approved by the
Centers for Medicare and Medicaid Services of the U.S.
Department of Health and Human Services and the waivers under
42 CFR 433.68 for the assessment imposed by this Section, if
necessary, have been granted by the Centers for Medicare and
Medicaid Services of the U.S. Department of Health and Human
Services. Upon notification to the Department of approval of
the payment methodologies required under Section 5-5.4 of this
Code and the waivers granted under 42 CFR 433.68, all
installments otherwise due under Section 5B-4 prior to the date
of notification shall be due and payable to the Department upon
written direction from the Department within 90 days after
issuance by the Comptroller of the payments required under
Section 5-5.4 of this Code.
(Source: P.A. 96-444, eff. 8-14-09; 96-1530, eff. 2-16-11;
97-10, eff. 6-14-11; 97-403, eff. 1-1-12; 97-584, eff. 8-26-11;
revised 10-4-11.)
(305 ILCS 5/5B-5) (from Ch. 23, par. 5B-5)
Sec. 5B-5. Annual reporting; penalty; maintenance of
records.
(a) After December 31 of each year, and on or before March
31 of the succeeding year, every long-term care provider

subject to assessment under this Article shall file a report
with the Illinois Department. The report shall be in a form and
manner prescribed by the Illinois Department and shall state
the revenue received by the long-term care provider, reported
in such categories as may be required by the Illinois
Department, and other reasonable information the Illinois
Department requires for the administration of its
responsibilities under this Code.
(b) If a long-term care provider operates or maintains more
than one long-term care facility in this State, the provider
may not file a single return covering all those long-term care
facilities, but shall file a separate return for each long-term
care facility and shall compute and pay the assessment for each
long-term care facility separately.
(c) Notwithstanding any other provision in this Article, in
the case of a person who ceases to operate or maintain a
long-term care facility in respect of which the person is
subject to assessment under this Article as a long-term care
provider, the person shall file a final, amended return with
the Illinois Department not more than 90 days after the
cessation reflecting the adjustment and shall pay with the
final return the assessment for the year as so adjusted (to the
extent not previously paid). If a person fails to file a final
amended return on a timely basis, there shall, unless waived by
the Illinois Department for reasonable cause, be added to the
assessment due a penalty assessment equal to 25% of the

assessment due.
(d) Notwithstanding any other provision of this Article, a
provider who commences operating or maintaining a long-term
care facility that was under a prior ownership and remained
licensed by the Department of Public Health shall notify the
Illinois Department of the change in ownership and shall be
responsible to immediately pay any prior amounts owed by the
facility.
(e) The Department shall develop a procedure for sharing
with a potential buyer of a facility information regarding
outstanding assessments and penalties owed by that facility.
(f) In the case of a long-term care provider existing as a
corporation or legal entity other than an individual, the
return filed by it shall be signed by its president,
vice-president, secretary, or treasurer or by its properly
authorized agent.
(g) If a long-term care provider fails to file its return
on or before the due date of the return, there shall, unless
waived by the Illinois Department for reasonable cause, be
added to the assessment imposed by Section 5B-2 a penalty
assessment equal to 25% of the assessment imposed for the year.
After July 1, 2013, no penalty shall be assessed if the
Illinois Department has not established a process for the
electronic submission of information.
(h) Every long-term care provider subject to assessment
under this Article shall keep records and books that will

permit the determination of occupied bed days on a calendar
year basis. All such books and records shall be kept in the
English language and shall, at all times during business hours
of the day, be subject to inspection by the Illinois Department
or its duly authorized agents and employees.
(i) The Illinois Department shall establish a process for
long-term care providers to electronically submit all
information required by this Section no later than that July 1,
2013.
(Source: P.A. 96-1530, eff. 2-16-11; 97-403, eff. 1-1-12;
revised 11-18-11.)
(305 ILCS 5/5E-5)
Sec. 5E-5. Definitions. As used in this Article, unless the
context requires otherwise:
"Nursing home" means (i) a skilled nursing or intermediate
long-term care facility, whether public or private and whether
organized for profit or not-for-profit, that is subject to
licensure by the Illinois Department of Public Health under the
Nursing Home Care Act or the ID/DD Community Care Act,
including a county nursing home directed and maintained under
Section 5-1005 of the Counties Code, and (ii) a part of a
hospital in which skilled or intermediate long-term care
services within the meaning of Title XVIII or XIX of the Social
Security Act are provided; except that the term "nursing home"
does not include a facility operated solely as an intermediate

care facility for the intellectually disabled within the
meaning of Title XIX of the Social Security Act or a
specialized mental health rehabilitation facility.
"Nursing home provider" means (i) a person licensed by the
Department of Public Health to operate and maintain a skilled
nursing or intermediate long-term care facility which charges
its residents, a third party payor, Medicaid, or Medicare for
skilled nursing or intermediate long-term care services, or
(ii) a hospital provider that provides skilled or intermediate
long-term care services within the meaning of Title XVIII or
XIX of the Social Security Act. "Nursing home provider" does
not include a person who operates or a provider who provides
services within a specialized mental health rehabilitation
facility. For purposes of this paragraph, "person" means any
political subdivision of the State, municipal corporation,
individual, firm, partnership, corporation, company, limited
liability company, association, joint stock association, or
trust, or a receiver, executor, trustee, guardian, or other
representative appointed by order of any court. "Hospital
provider" means a person licensed by the Department of Public
Health to conduct, operate, or maintain a hospital.
"Licensed bed days" shall be computed separately for each
nursing home operated or maintained by a nursing home provider
and means, with respect to a nursing home provider, the sum for
all nursing home beds of the number of days during a calendar
quarter on which each bed is covered by a license issued to

that provider under the Nursing Home Care Act or the Hospital
Licensing Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 10-4-11.)
(305 ILCS 5/8A-11) (from Ch. 23, par. 8A-11)
Sec. 8A-11. (a) No person shall:
(1) Knowingly charge a resident of a nursing home for
any services provided pursuant to Article V of the Illinois
Public Aid Code, money or other consideration at a rate in
excess of the rates established for covered services by the
Illinois Department pursuant to Article V of The Illinois
Public Aid Code; or
(2) Knowingly charge, solicit, accept or receive, in
addition to any amount otherwise authorized or required to
be paid pursuant to Article V of The Illinois Public Aid
Code, any gift, money, donation or other consideration:
(i) As a precondition to admitting or expediting
the admission of a recipient or applicant, pursuant to
Article V of The Illinois Public Aid Code, to a
long-term care facility as defined in Section 1-113 of
the Nursing Home Care Act or a facility as defined in
Section 1-113 of the ID/DD Community Care Act or
Section 1-113 of the Specialized Mental Health
Rehabilitation Act; and
(ii) As a requirement for the recipient's or

applicant's continued stay in such facility when the
cost of the services provided therein to the recipient
is paid for, in whole or in part, pursuant to Article V
of The Illinois Public Aid Code.
(b) Nothing herein shall prohibit a person from making a
voluntary contribution, gift or donation to a long-term care
facility.
(c) This paragraph shall not apply to agreements to provide
continuing care or life care between a life care facility as
defined by the Life Care Facilities Act, and a person
financially eligible for benefits pursuant to Article V of The
Illinois Public Aid Code.
(d) Any person who violates this Section shall be guilty of
a business offense and fined not less than $5,000 nor more than
$25,000.
(e) "Person", as used in this Section, means an individual,
corporation, partnership, or unincorporated association.
(f) The State's Attorney of the county in which the
facility is located and the Attorney General shall be notified
by the Illinois Department of any alleged violations of this
Section known to the Department.
(g) The Illinois Department shall adopt rules and
regulations to carry out the provisions of this Section.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 10-4-11.)

(305 ILCS 5/12-4.42)
Sec. 12-4.42. Medicaid Revenue Maximization.
(a) Purpose. The General Assembly finds that there is a
need to make changes to the administration of services provided
by State and local governments in order to maximize federal
financial participation.
(b) Definitions. As used in this Section:
"Community Medicaid mental health services" means all
mental health services outlined in Section 132 of Title 59 of
the Illinois Administrative Code that are funded through DHS,
eligible for federal financial participation, and provided by a
community-based provider.
"Community-based provider" means an entity enrolled as a
provider pursuant to Sections 140.11 and 140.12 of Title 89 of
the Illinois Administrative Code and certified to provide
community Medicaid mental health services in accordance with
Section 132 of Title 59 of the Illinois Administrative Code.
"DCFS" means the Department of Children and Family
Services.
"Department" means the Illinois Department of Healthcare
and Family Services.
"Developmentally disabled care facility" means an
intermediate care facility for the intellectually disabled
within the meaning of Title XIX of the Social Security Act,
whether public or private and whether organized for profit or
not-for-profit, but shall not include any facility operated by

the State.
"Developmentally disabled care provider" means a person
conducting, operating, or maintaining a developmentally
disabled care facility. For purposes of this definition,
"person" means any political subdivision of the State,
municipal corporation, individual, firm, partnership,
corporation, company, limited liability company, association,
joint stock association, or trust, or a receiver, executor,
trustee, guardian, or other representative appointed by order
of any court.
"DHS" means the Illinois Department of Human Services.
"Hospital" means an institution, place, building, or
agency located in this State that is licensed as a general
acute hospital by the Illinois Department of Public Health
under the Hospital Licensing Act, whether public or private and
whether organized for profit or not-for-profit.
"Long term care facility" means (i) a skilled nursing or
intermediate long term care facility, whether public or private
and whether organized for profit or not-for-profit, that is
subject to licensure by the Illinois Department of Public
Health under the Nursing Home Care Act, including a county
nursing home directed and maintained under Section 5-1005 of
the Counties Code, and (ii) a part of a hospital in which
skilled or intermediate long term care services within the
meaning of Title XVIII or XIX of the Social Security Act are
provided; except that the term "long term care facility" does

not include a facility operated solely as an intermediate care
facility for the intellectually disabled within the meaning of
Title XIX of the Social Security Act.
"Long term care provider" means (i) a person licensed by
the Department of Public Health to operate and maintain a
skilled nursing or intermediate long term care facility or (ii)
a hospital provider that provides skilled or intermediate long
term care services within the meaning of Title XVIII or XIX of
the Social Security Act. For purposes of this definition,
"person" means any political subdivision of the State,
municipal corporation, individual, firm, partnership,
corporation, company, limited liability company, association,
joint stock association, or trust, or a receiver, executor,
trustee, guardian, or other representative appointed by order
of any court.
"State-operated developmentally disabled care facility"
means an intermediate care facility for the intellectually
disabled within the meaning of Title XIX of the Social Security
Act operated by the State.
(c) Administration and deposit of Revenues. The Department
shall coordinate the implementation of changes required by this
amendatory Act of the 96th General Assembly amongst the various
State and local government bodies that administer programs
referred to in this Section.
Revenues generated by program changes mandated by any
provision in this Section, less reasonable administrative

costs associated with the implementation of these program
changes, which would otherwise be deposited into the General
Revenue Fund shall be deposited into the Healthcare Provider
Relief Fund.
The Department shall issue a report to the General Assembly
detailing the implementation progress of this amendatory Act of
the 96th General Assembly as a part of the Department's Medical
Programs annual report for fiscal years 2010 and 2011.
(d) Acceleration of payment vouchers. To the extent
practicable and permissible under federal law, the Department
shall create all vouchers for long term care facilities and
developmentally disabled care facilities for dates of service
in the month in which the enhanced federal medical assistance
percentage (FMAP) originally set forth in the American Recovery
and Reinvestment Act (ARRA) expires and for dates of service in
the month prior to that month and shall, no later than the 15th
of the month in which the enhanced FMAP expires, submit these
vouchers to the Comptroller for payment.
The Department of Human Services shall create the necessary
documentation for State-operated developmentally disabled care
facilities so that the necessary data for all dates of service
before the expiration of the enhanced FMAP originally set forth
in the ARRA can be adjudicated by the Department no later than
the 15th of the month in which the enhanced FMAP expires.
(e) Billing of DHS community Medicaid mental health
services. No later than July 1, 2011, community Medicaid mental

health services provided by a community-based provider must be
billed directly to the Department.
(f) DCFS Medicaid services. The Department shall work with
DCFS to identify existing programs, pending qualifying
services, that can be converted in an economically feasible
manner to Medicaid in order to secure federal financial
revenue.
(g) Third Party Liability recoveries. The Department shall
contract with a vendor to support the Department in
coordinating benefits for Medicaid enrollees. The scope of work
shall include, at a minimum, the identification of other
insurance for Medicaid enrollees and the recovery of funds paid
by the Department when another payer was liable. The vendor may
be paid a percentage of actual cash recovered when practical
and subject to federal law.
(h) Public health departments. The Department shall
identify unreimbursed costs for persons covered by Medicaid who
are served by the Chicago Department of Public Health.
The Department shall assist the Chicago Department of
Public Health in determining total unreimbursed costs
associated with the provision of healthcare services to
Medicaid enrollees.
The Department shall determine and draw the maximum
allowable federal matching dollars associated with the cost of
Chicago Department of Public Health services provided to
Medicaid enrollees.

(i) Acceleration of hospital-based payments. The
Department shall, by the 10th day of the month in which the
enhanced FMAP originally set forth in the ARRA expires, create
vouchers for all State fiscal year 2011 hospital payments
exempt from the prompt payment requirements of the ARRA. The
Department shall submit these vouchers to the Comptroller for
payment.
(Source: P.A. 96-1405, eff. 7-29-10; 97-48, eff. 6-28-11;
97-227, eff. 1-1-12; 97-333, eff. 8-12-11; revised 10-4-11.)
Section 495. The Elder Abuse and Neglect Act is amended by
changing Section 2 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, neglect, or self-neglect
for the sole reason that he or she is being furnished with or
relies upon treatment by spiritual means through prayer alone,
in accordance with the tenets and practices of a recognized
church or religious denomination.
Nothing in this Act shall be construed to mean that an

eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
(a-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 at the time of the report 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 ID/DD Community
Care Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation 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;
(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
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
Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care Ombudsman;
(7) any employee of the State of Illinois not otherwise
specified herein who is involved in providing services to
eligible adults, including professionals providing medical

or rehabilitation services and all other persons having
direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner; or
(9) a person who performs the duties of a paramedic or
an emergency medical technician.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area appointed by the regional
administrative agency with prior approval by the Department on
Aging to receive and assess reports of alleged or suspected
abuse, neglect, or financial exploitation.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated Area Agency on
Aging shall be designated the regional administrative agency if
it so requests. The Department shall assume the functions of
the regional administrative agency for any planning and service

area where another agency is not so designated.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged
or suspected abuse, neglect, financial exploitation, or
self-neglect in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572,
eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-300, eff. 8-11-11; revised 10-4-11.)
Section 500. The Abused and Neglected Child Reporting Act
is amended by changing Sections 4 and 7 as follows:

(325 ILCS 5/4) (from Ch. 23, par. 2054)
Sec. 4. Persons required to report; privileged
communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and
personnel engaged in examination, care and treatment of
persons, surgeon, dentist, dentist hygienist, osteopath,
chiropractor, podiatrist, physician assistant, substance abuse
treatment personnel, funeral home director or employee,
coroner, medical examiner, emergency medical technician,
acupuncturist, crisis line or hotline personnel, school
personnel (including administrators and both certified and
non-certified school employees), educational advocate assigned
to a child pursuant to the School Code, member of a school
board or the Chicago Board of Education or the governing body
of a private school (but only to the extent required in
accordance with other provisions of this Section expressly
concerning the duty of school board members to report suspected
child abuse), truant officers, social worker, social services
administrator, domestic violence program personnel, registered
nurse, licensed practical nurse, genetic counselor,
respiratory care practitioner, advanced practice nurse, home
health aide, director or staff assistant of a nursery school or
a child day care center, recreational program or facility
personnel, law enforcement officer, licensed professional
counselor, licensed clinical professional counselor,
registered psychologist and assistants working under the

direct supervision of a psychologist, psychiatrist, or field
personnel of the Department of Healthcare and Family Services,
Juvenile Justice, Public Health, Human Services (acting as
successor to the Department of Mental Health and Developmental
Disabilities, Rehabilitation Services, or Public Aid),
Corrections, Human Rights, or Children and Family Services,
supervisor and administrator of general assistance under the
Illinois Public Aid Code, probation officer, animal control
officer or Illinois Department of Agriculture Bureau of Animal
Health and Welfare field investigator, or any other foster
parent, homemaker or child care worker having reasonable cause
to believe a child known to them in their professional or
official capacity may be an abused child or a neglected child
shall immediately report or cause a report to be made to the
Department.
Any member of the clergy having reasonable cause to believe
that a child known to that member of the clergy in his or her
professional capacity may be an abused child as defined in item
(c) of the definition of "abused child" in Section 3 of this
Act shall immediately report or cause a report to be made to
the Department.
Any physician, physician's assistant, registered nurse,
licensed practical nurse, medical technician, certified
nursing assistant, social worker, or licensed professional
counselor of any office, clinic, or any other physical location
that provides abortions, abortion referrals, or contraceptives

having reasonable cause to believe a child known to him or her
in his or her professional or official capacity may be an
abused child or a neglected child shall immediately report or
cause a report to be made to the Department.
If an allegation is raised to a school board member during
the course of an open or closed school board meeting that a
child who is enrolled in the school district of which he or she
is a board member is an abused child as defined in Section 3 of
this Act, the member shall direct or cause the school board to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse. For purposes of this paragraph, a school board member is
granted the authority in his or her individual capacity to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse.
Notwithstanding any other provision of this Act, if an
employee of a school district has made a report or caused a
report to be made to the Department under this Act involving
the conduct of a current or former employee of the school
district and a request is made by another school district for
the provision of information concerning the job performance or
qualifications of the current or former employee because he or
she is an applicant for employment with the requesting school

district, the general superintendent of the school district to
which the request is being made must disclose to the requesting
school district the fact that an employee of the school
district has made a report involving the conduct of the
applicant or caused a report to be made to the Department, as
required under this Act. Only the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department may
be disclosed by the general superintendent of the school
district to which the request for information concerning the
applicant is made, and this fact may be disclosed only in cases
where the employee and the general superintendent have not been
informed by the Department that the allegations were unfounded.
An employee of a school district who is or has been the subject
of a report made pursuant to this Act during his or her
employment with the school district must be informed by that
school district that if he or she applies for employment with
another school district, the general superintendent of the
former school district, upon the request of the school district
to which the employee applies, shall notify that requesting
school district that the employee is or was the subject of such
a report.
Whenever such person is required to report under this Act
in his capacity as a member of the staff of a medical or other
public or private institution, school, facility or agency, or
as a member of the clergy, he shall make report immediately to

the Department in accordance with the provisions of this Act
and may also notify the person in charge of such institution,
school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or his designated agent
that such report has been made. Under no circumstances shall
any person in charge of such institution, school, facility or
agency, or church, synagogue, temple, mosque, or other
religious institution, or his designated agent to whom such
notification has been made, exercise any control, restraint,
modification or other change in the report or the forwarding of
such report to the Department.
The privileged quality of communication between any
professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for failure
to report as required by this Act or constitute grounds for
failure to share information or documents with the Department
during the course of a child abuse or neglect investigation. If
requested by the professional, the Department shall confirm in
writing that the information or documents disclosed by the
professional were gathered in the course of a child abuse or
neglect investigation.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
Any office, clinic, or any other physical location that
provides abortions, abortion referrals, or contraceptives

shall provide to all office personnel copies of written
information and training materials about abuse and neglect and
the requirements of this Act that are provided to employees of
the office, clinic, or physical location who are required to
make reports to the Department under this Act, and instruct
such office personnel to bring to the attention of an employee
of the office, clinic, or physical location who is required to
make reports to the Department under this Act any reasonable
suspicion that a child known to him or her in his or her
professional or official capacity may be an abused child or a
neglected child. In addition to the above persons required to
report suspected cases of abused or neglected children, any
other person may make a report if such person has reasonable
cause to believe a child may be an abused child or a neglected
child.
Any person who enters into employment on and after July 1,
1986 and is mandated by virtue of that employment to report
under this Act, shall sign a statement on a form prescribed by
the Department, to the effect that the employee has knowledge
and understanding of the reporting requirements of this Act.
The statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the
employer. The cost of printing, distribution, and filing of the
statement shall be borne by the employer.
The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be

required under the provisions of this Section to report under
this Act.
Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the "Criminal Code of
1961". A violation of this provision is a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent
violation; except that if the person acted as part of a plan or
scheme having as its object the prevention of discovery of an
abused or neglected child by lawful authorities for the purpose
of protecting or insulating any person or entity from arrest or
prosecution, the person is guilty of a Class 4 felony for a
first offense and a Class 3 felony for a second or subsequent
offense (regardless of whether the second or subsequent offense
involves any of the same facts or persons as the first or other
prior offense).
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer alone
for the treatment or cure of disease or remedial care may be
considered neglected or abused, but not for the sole reason
that his parent, guardian or custodian accepts and practices
such beliefs.

A child shall not be considered neglected or abused solely
because the child is not attending school in accordance with
the requirements of Article 26 of the School Code, as amended.
Nothing in this Act prohibits a mandated reporter who
reasonably believes that an animal is being abused or neglected
in violation of the Humane Care for Animals Act from reporting
animal abuse or neglect to the Department of Agriculture's
Bureau of Animal Health and Welfare.
A home rule unit may not regulate the reporting of child
abuse or neglect in a manner inconsistent with the provisions
of this Section. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
For purposes of this Section "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 96-494, eff. 8-14-09; 96-1446, eff. 8-20-10;
97-189, eff. 7-22-11; 97-254, eff. 1-1-12; 97-387, eff.
8-15-11; revised 10-4-11.)
(325 ILCS 5/7) (from Ch. 23, par. 2057)
Sec. 7. Time and manner of making reports. All reports of
suspected child abuse or neglect made under this Act shall be
made immediately by telephone to the central register
established under Section 7.7 on the single, State-wide,

toll-free telephone number established in Section 7.6, or in
person or by telephone through the nearest Department office.
The Department shall, in cooperation with school officials,
distribute appropriate materials in school buildings listing
the toll-free telephone number established in Section 7.6,
including methods of making a report under this Act. The
Department may, in cooperation with appropriate members of the
clergy, distribute appropriate materials in churches,
synagogues, temples, mosques, or other religious buildings
listing the toll-free telephone number established in Section
7.6, including methods of making a report under this Act.
Wherever the Statewide number is posted, there shall also
be posted the following notice:
"Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the Criminal Code of 1961.
A violation of this subsection is a Class 4 felony."
The report required by this Act shall include, if known,
the name and address of the child and his parents or other
persons having his custody; the child's age; the nature of the
child's condition including any evidence of previous injuries
or disabilities; and any other information that the person
filing the report believes might be helpful in establishing the
cause of such abuse or neglect and the identity of the person
believed to have caused such abuse or neglect. Reports made to
the central register through the State-wide, toll-free

telephone number shall be immediately transmitted by the
Department to the appropriate Child Protective Service Unit.
All such reports alleging the death of a child, serious injury
to a child including, but not limited to, brain damage, skull
fractures, subdural hematomas, and internal injuries, torture
of a child, malnutrition of a child, and sexual abuse to a
child, including, but not limited to, sexual intercourse,
sexual exploitation, sexual molestation, and sexually
transmitted disease in a child age 12 and under, shall also be
immediately transmitted by the Department to the appropriate
local law enforcement agency. The Department shall within 24
hours orally notify local law enforcement personnel and the
office of the State's Attorney of the involved county of the
receipt of any report alleging the death of a child, serious
injury to a child including, but not limited to, brain damage,
skull fractures, subdural hematomas, and, internal injuries,
torture of a child, malnutrition of a child, and sexual abuse
to a child, including, but not limited to, sexual intercourse,
sexual exploitation, sexual molestation, and sexually
transmitted disease in a child age twelve and under. All oral
reports made by the Department to local law enforcement
personnel and the office of the State's Attorney of the
involved county shall be confirmed in writing within 24 hours
of the oral report. All reports by persons mandated to report
under this Act shall be confirmed in writing to the appropriate
Child Protective Service Unit, which may be on forms supplied

by the Department, within 48 hours of any initial report.
Written confirmation reports from persons not required to
report by this Act may be made to the appropriate Child
Protective Service Unit. Written reports from persons required
by this Act to report shall be admissible in evidence in any
judicial proceeding or administrative hearing relating to
child abuse or neglect. Reports involving known or suspected
child abuse or neglect in public or private residential
agencies or institutions shall be made and received in the same
manner as all other reports made under this Act.
For purposes of this Section "child" includes an adult
resident as defined in this Act.
(Source: P.A. 96-1446, eff. 8-20-10; 97-189, eff. 7-22-11;
97-387, eff. 8-15-11; revised 10-4-11.)
Section 505. The Early Intervention Services System Act is
amended by changing Section 13.15 as follows:
(325 ILCS 20/13.15)
Sec. 13.15. Billing of insurance carrier.
(a) Subject to the restrictions against private insurance
use on the basis of material risk of loss of coverage, as
determined under Section 13.25, each enrolled provider who is
providing a family with early intervention services shall bill
the child's insurance carrier for each unit of early
intervention service for which coverage may be available. The

lead agency may exempt from the requirement of this paragraph
any early intervention service that it has deemed not to be
covered by insurance plans. When the service is not exempted,
providers who receive a denial of payment on the basis that the
service is not covered under any circumstance under the plan
are not required to bill that carrier for that service again
until the following insurance benefit year. That explanation of
benefits denying the claim, once submitted to the central
billing office, shall be sufficient to meet the requirements of
this paragraph as to subsequent services billed under the same
billing code provided to that child during that insurance
benefit year. Any time limit on a provider's filing of a claim
for payment with the central billing office that is imposed
through a policy, procedure, or rule of the lead agency shall
be suspended until the provider receives an explanation of
benefits or other final determination of the claim it files
with the child's insurance carrier.
(b) In all instances when an insurance carrier has been
billed for early intervention services, whether paid in full,
paid in part, or denied by the carrier, the provider must
provide the central billing office, within 90 days after
receipt, with a copy of the explanation of benefits form and
other information in the manner prescribed by the lead agency.
(c) When the insurance carrier has denied the claim or paid
an amount for the early intervention service billed that is
less than that the current State rate for early intervention

services, the provider shall submit the explanation of benefits
with a claim for payment, and the lead agency shall pay the
provider the difference between the sum actually paid by the
insurance carrier for each unit of service provided under the
individualized family service plan and the current State rate
for early intervention services. The State shall also pay the
family's co-payment or co-insurance under its plan, but only to
the extent that those payments plus the balance of the claim do
not exceed the current State rate for early intervention
services. The provider may under no circumstances bill the
family for the difference between its charge for services and
that which has been paid by the insurance carrier or by the
State.
(Source: P.A. 92-307, eff. 8-9-01; revised 11-18-11.)
Section 510. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 1-106 and
2-107 as follows:
(405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
Sec. 1-106. "Developmental disability" means a disability
which is attributable to: (a) an intellectual disability,
cerebral palsy, epilepsy or autism; or to (b) any other
condition which results in impairment similar to that caused by
an intellectual disability and which requires services similar
to those required by intellectually disabled persons. Such

disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial handicap.
(Source: P.A. 97-227, eff. 1-1-12; revised 11-18-11.)
(405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
Sec. 2-107. Refusal of services; informing of risks.
(a) An adult recipient of services or the recipient's
guardian, if the recipient is under guardianship, and the
recipient's substitute decision maker, if any, must be informed
of the recipient's right to refuse medication or
electroconvulsive therapy. The recipient and the recipient's
guardian or substitute decision maker shall be given the
opportunity to refuse generally accepted mental health or
developmental disability services, including but not limited
to medication or electroconvulsive therapy. If such services
are refused, they shall not be given unless such services are
necessary to prevent the recipient from causing serious and
imminent physical harm to the recipient or others and no less
restrictive alternative is available. The facility director
shall inform a recipient, guardian, or substitute decision
maker, if any, who refuses such services of alternate services
available and the risks of such alternate services, as well as
the possible consequences to the recipient of refusal of such
services.
(b) Psychotropic medication or electroconvulsive therapy

may be administered under this Section for up to 24 hours only
if the circumstances leading up to the need for emergency
treatment are set forth in writing in the recipient's record.
(c) Administration of medication or electroconvulsive
therapy may not be continued unless the need for such treatment
is redetermined at least every 24 hours based upon a personal
examination of the recipient by a physician or a nurse under
the supervision of a physician and the circumstances
demonstrating that need are set forth in writing in the
recipient's record.
(d) Neither psychotropic medication nor electroconvulsive
therapy may be administered under this Section for a period in
excess of 72 hours, excluding Saturdays, Sundays, and holidays,
unless a petition is filed under Section 2-107.1 and the
treatment continues to be necessary under subsection (a) of
this Section. Once the petition has been filed, treatment may
continue in compliance with subsections (a), (b), and (c) of
this Section until the final outcome of the hearing on the
petition.
(e) The Department shall issue rules designed to insure
that in State-operated mental health facilities psychotropic
medication and electroconvulsive therapy are administered in
accordance with this Section and only when appropriately
authorized and monitored by a physician or a nurse under the
supervision of a physician in accordance with accepted medical
practice. The facility director of each mental health facility

not operated by the State shall issue rules designed to insure
that in that facility psychotropic medication and
electroconvulsive therapy are administered in accordance with
this Section and only when appropriately authorized and
monitored by a physician or a nurse under the supervision of a
physician in accordance with accepted medical practice. Such
rules shall be available for public inspection and copying
during normal business hours.
(f) The provisions of this Section with respect to the
emergency administration of psychotropic medication and
electroconvulsive therapy do not apply to facilities licensed
under the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act.
(g) Under no circumstances may long-acting psychotropic
medications be administered under this Section.
(h) Whenever psychotropic medication or electroconvulsive
therapy is refused pursuant to subsection (a) of this Section
at least once that day, the physician shall determine and state
in writing the reasons why the recipient did not meet the
criteria for administration of medication or electroconvulsive
therapy under subsection (a) and whether the recipient meets
the standard for administration of psychotropic medication or
electroconvulsive therapy under Section 2-107.1 of this Code.
If the physician determines that the recipient meets the
standard for administration of psychotropic medication or
electroconvulsive therapy under Section 2-107.1, the facility

director or his or her designee shall petition the court for
administration of psychotropic medication or electroconvulsive
therapy pursuant to that Section unless the facility director
or his or her designee states in writing in the recipient's
record why the filing of such a petition is not warranted. This
subsection (h) applies only to State-operated mental health
facilities.
(i) The Department shall conduct annual trainings for all
physicians and registered nurses working in State-operated
mental health facilities on the appropriate use of emergency
administration of psychotropic medication and
electroconvulsive therapy, standards for their use, and the
methods of authorization under this Section.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 10-4-11.)
Section 515. The Community Mental Health Act is amended by
changing Section 1 as follows:
(405 ILCS 20/1) (from Ch. 91 1/2, par. 301)
Sec. 1. As used in this Act:
"Direct recipient services" means only those services
required to carry out a completed individualized treatment plan
that is is signed by a service recipient or legal guardian.
Crisis assessment and stabilization services are excluded,
although these services may be anticipated in a treatment plan.

"Governmental unit" means any county, city, village,
incorporated town, or township.
"Person with a developmental disability" means any person
or persons so diagnosed and as defined in the Mental Health and
Developmental Disabilities Code. Community mental health
boards operating under this Act may in their jurisdiction, by a
majority vote, add to the definition of "person with a
developmental disability".
"Mental illness" has the meaning ascribed to that term in
the Mental Health and Developmental Disabilities Code.
Community mental health boards operating under this Act may in
their jurisdiction, by a majority vote, add to the definition
of "mental illness".
"Substance use disorder" encompasses substance abuse,
dependence, and addiction, not inconsistent with federal or
State definitions.
(Source: P.A. 95-336, eff. 8-21-07; revised 11-18-11.)
Section 520. The Community Expanded Mental Health Services
Act is amended by changing Sections 20 and 25 as follows:
(405 ILCS 22/20)
Sec. 20. Duties and functions of Governing Commission. The
duties and functions of the Governing Commission of an Expanded
Mental Health Services Program shall include the following:
(1) To, immediately after appointment, meet and

organize, by the election of one of its number as president
and one as secretary and such other officers as it may deem
necessary. It shall establish policies, rules,
regulations, bylaws, and procedures for both the Governing
Commission and the Program concerning the rendition or
operation of services and facilities which it directs,
supervises, or funds, not inconsistent with the provisions
of this Act. No policies, rules, regulations, or bylaws
shall be adopted by the Governing Commission without prior
notice to the residents of the territory of a Program and
an opportunity for such residents to be heard.
(2) To hold meetings at least quarterly, and to hold
special meetings upon a written request signed by at least
2 commissioners and filed with the secretary of the
Governing Commission.
(3) To provide annual status reports on the Program to
the Governor, the Mayor of the municipality, and the voters
of the territory within 120 days after the end of the
fiscal year, such report to show the condition of the
expanded mental health services fund for that year, the
sums of money received from all sources, how all monies
have been expended and for what purposes, how the Program
has conformed with the mental health needs assessment
conducted in the territory, and such other statistics and
Program information in regard to the work of the Governing
Commission as it may deem of general interest.

(4) To manage, administer, and invest the financial
resources contained in the expanded mental health services
fund.
(5) To employ necessary personnel, acquire necessary
office space, enter into contractual relationships, and
disburse funds in accordance with the provisions of this
Act. In this regard, to the extent the Governing Commission
chooses to retain the services of another public or private
agency with respect to the provision of expanded mental
health services under this Act, such selection shall be
based upon receipt of a comprehensive plan addressing the
following factors: the conducting of a thorough mental
health needs assessment for the territory; the development
of specific mental health programs and services tailored to
this assessment; and the percentage of the proposed budget
devoted to responding to these demonstrated needs. Within
14 days of the selection of any individual or organization,
the Governing Commission shall provide a written report of
its decision, with specific reference to the factors used
in reaching its decision, to the Mayor of the municipality,
the Governor, and the voters of the territory. Subsequent
decisions by the Governing Commission to retain or
terminate the services of a provider shall be based upon
the provider's success in achieving its stated goals,
especially with regards to servicing the maximum number of
residents of the territory identified as needing mental

health services in the initial needs assessment and
subsequent updates to it.
(6) To disburse the funds collected annually from tax
revenue in such a way that no less than that 85% of those
funds are expended on direct mental and emotional health
services provided by licensed mental health professionals
or by mental health interns or persons with a bachelor's
degree in social work supervised by those professionals.
(7) To establish criteria and standards necessary for
hiring the licensed mental health professionals to be
employed to provide the direct services of the Program.
(8) To identify the mental and emotional health needs
within the Program territory and determine the programs for
meeting those needs annually as well as the eligible
persons whom the Program may serve.
(9) To obtain errors and omissions insurance for all
commissioners in an amount of no less than $1,000,000.
(10) To perform such other functions in connection with
the Program and the expanded mental health services fund as
required under this Act.
(Source: P.A. 96-1548, eff. 1-1-12; revised 11-18-11.)
(405 ILCS 22/25)
Sec. 25. Expanded mental health services fund.
(a) The Governing Commission shall maintain the expanded
mental health services fund for the purposes of paying the

costs of administering the Program and carrying out its duties
under this Act, subject to the limitations and procedures set
forth in this Act.
(b) The expanded mental health services fund shall be
raised by means of an annual tax levied on each property within
the territory of the Program. The rate of this tax may be
changed from year to year by majority vote of the Governing
Commission but in no case shall it exceed the ceiling rate
established by the voters in the territory of the Program in
the binding referendum to approve the creation of the Expanded
Mental Health Services Program. The ceiling rate must be set
within the range of .004 to .007 on each property in the
territory of the Program. A higher ceiling rate for a territory
may be established within that range only by the voters in a
binding referendum from time to time to be held in a manner as
set forth in this legislation. The commissioners shall cause
the amount to be raised by taxation in each year to be
certified to the county clerk in the manner provided by law,
and any tax so levied and certified shall be collected and
enforced in the same manner and by the same officers as those
taxes for the purposes of the county and city within which the
territory of the Governing Commission is located. Any such tax,
when collected, shall be paid over to the proper officer of the
Governing Commission who is authorized to receive and receipt
for such tax. The Governing Commission may issue tax
anticipation warrants against the taxes to be assessed for a

calendar year.
(c) The moneys deposited in the expanded mental health
services fund shall, as nearly as practicable, be fully and
continuously invested or reinvested by the Governing
Commission in investment obligations which shall be in such
amounts, and shall mature at such times, that the maturity or
date of redemption at the option of the holder of such
investment obligations shall coincide, as nearly as
practicable, with the times at which monies will be required
for the purposes of the Program. For the purposes of this
Section, "investment obligation" means direct general
municipal, state, or federal obligations which at the time are
legal investments under the laws of this State and the payment
of principal of and interest on which are unconditionally
guaranteed by the governing body issuing them.
(d) The fund shall be used solely and exclusively for the
purpose of providing expanded mental health services and no
more than that 15% of the annual levy may be used for
reasonable salaries, expenses, bills, and fees incurred in
administering the Program.
(e) The fund shall be maintained, invested, and expended
exclusively by the Governing Commission of the Program for
whose purposes it was created. Under no circumstances shall the
fund be used by any person or persons, governmental body, or
public or private agency or concern other than the Governing
Commission of the Program for whose purposes it was created.

Under no circumstances shall the fund be commingled with other
funds or investments.
(f) No commissioner or family member of a commissioner, or
employee or family member of an employee, may receive any
financial benefit, either directly or indirectly, from the
fund. Nothing in this subsection shall be construed to prohibit
payment of expenses to a commissioner in accordance with
subsection (g) of Section 15.
(g) Annually, the Governing Commission shall prepare for
informational purposes in the appropriations process: (1) an
annual budget showing the estimated receipts and intended
disbursements pursuant to this Act for the fiscal year
immediately following the date the budget is submitted, which
date must be at least 30 days prior to the start of the fiscal
year; and (2) an independent financial audit of the fund and
the management of the Program detailing the income received and
disbursements made pursuant to this Act during the fiscal year
just preceding the date the annual report is submitted, which
date must be within 90 days of the close of that fiscal year.
These reports shall be made available to the public through any
office of the Governing Commission or a public facility such as
a local public library located within the territory of the
Program. In addition, and in an effort to increase transparency
of public programming, the Governing Commission shall
effectively create and operate a publicly accessible website,
which shall publish results of all audits for a period of no

less than six months after the initial disclosure of the
results and findings of each audit.
(Source: P.A. 96-1548, eff. 1-1-12; revised 11-18-11.)
Section 525. The Community Services Act is amended by
changing Section 4 as follows:
(405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
Sec. 4. Financing for Community Services.
(a) The Department of Human Services is authorized to
provide financial reimbursement to eligible private service
providers, corporations, local government entities or
voluntary associations for the provision of services to persons
with mental illness, persons with a developmental disability
and alcohol and drug dependent persons living in the community
for the purpose of achieving the goals of this Act.
The Department shall utilize the following funding
mechanisms for community services:
(1) Purchase of Care Contracts: services purchased on a
predetermined fee per unit of service basis from private
providers or governmental entities. Fee per service rates
are set by an established formula which covers some portion
of personnel, supplies, and other allowable costs, and
which makes some allowance for geographic variations in
costs as well as for additional program components.
(2) Grants: sums of money which the Department grants

to private providers or governmental entities pursuant to
the grant recipient's agreement to provide certain
services, as defined by departmental grant guidelines, to
an approximate number of service recipients. Grant levels
are set through consideration of personnel, supply and
other allowable costs, as well as other funds available to
the program.
(3) Other Funding Arrangements: funding mechanisms may
be established on a pilot basis in order to examine the
feasibility of alternative financing arrangements for the
provision of community services.
The Department shall establish and maintain an equitable
system of payment which allows providers to improve persons
with disabilities' capabilities for independence and reduces
their reliance on State-operated services.
For services classified as entitlement services under
federal law or guidelines, caps may not be placed on the total
amount of payment a provider may receive in a fiscal year and
the Department shall not require that a portion of the payments
due be made in a subsequent fiscal year based on a yearly
payment cap.
(b) The Governor shall create a commission by September 1,
2009, or as soon thereafter as possible, to review funding
methodologies, identify gaps in funding, identify revenue, and
prioritize use of that revenue for community developmental
disability services, mental health services, alcohol and

substance abuse services, rehabilitation services, and early
intervention services. The Office of the Governor shall provide
staff support for the commission.
(c) The first meeting of the commission shall be held
within the first month after the creation and appointment of
the commission, and a final report summarizing the commission's
recommendations must be issued within 12 months after the first
meeting, and no later than September 1, 2010, to the Governor
and the General Assembly.
(d) The commission shall have the following 13 voting
members:
(A) one member of the House of Representatives,
appointed by the Speaker of the House of Representatives;
(B) one member of the House of Representatives,
appointed by the House Minority Leader;
(C) one member of the Senate, appointed by the
President of the Senate;
(D) one member of the Senate, appointed by the Senate
Minority Leader;
(E) one person with a developmental disability, or a
family member or guardian of such a person, appointed by
the Governor;
(F) one person with a mental illness, or a family
member or guardian of such a person, appointed by the
Governor;
(G) two persons from unions that represent employees of

community providers that serve people with developmental
disabilities, mental illness, and alcohol and substance
abuse disorders, appointed by the Governor; and
(H) five persons from statewide associations that
represent community providers that provide residential,
day training, and other developmental disability services,
mental health services, alcohol and substance abuse
services, rehabilitation services, or early intervention
services, or any combination of those, appointed by the
Governor.
The commission shall also have the following ex-officio,
nonvoting members:
(I) the Director of the Governor's Office of Management
and Budget or his or her designee;
(J) the Chief Financial Officer of the Department of
Human Services or his or her designee;
(K) the Administrator of the Department of Healthcare
and Family Services Division of Finance or his or her
designee;
(L) the Director of the Department of Human Services
Division of Developmental Disabilities or his or her
designee;
(M) the Director of the Department of Human Services
Division of Mental Health or his or her designee; and
(N) the Director of the Department of Human Services
Division of Alcoholism Alcohol and Substance Abuse or his

or her designee.
(e) The funding methodologies must reflect economic
factors inherent in providing services and supports, recognize
individual disability needs, and consider geographic
differences, transportation costs, required staffing ratios,
and mandates not currently funded.
(f) In accepting Department funds, providers shall
recognize their responsibility to be accountable to the
Department and the State for the delivery of services which are
consistent with the philosophies and goals of this Act and the
rules and regulations promulgated under it.
(Source: P.A. 95-682, eff. 10-11-07; 96-652, eff. 8-24-09;
96-1472, eff. 8-23-10; revised 11-18-11.)
Section 530. The Protection and Advocacy for Mentally Ill
Persons Act is amended by changing Section 3 as follows:
(405 ILCS 45/3) (from Ch. 91 1/2, par. 1353)
Sec. 3. Powers and Duties.
(A) In order to properly exercise its powers and duties,
the agency shall have the authority to:
(1) Investigate incidents of abuse and neglect of
mentally ill persons if the incidents are reported to the
agency or if there is probable cause to believe that the
incidents occurred. In case of conflict with provisions of
the Abused and Neglected Child Reporting Act or the Nursing

Home Care Act, the provisions of those Acts shall apply.
(2) Pursue administrative, legal and other appropriate
remedies to ensure the protection of the rights of mentally
ill persons who are receiving care and treatment in this
State.
(3) Pursue administrative, legal and other remedies on
behalf of an individual who:
(a) was a mentally ill individual; and
(b) is a resident of this State, but only with
respect to matters which occur within 90 days after the
date of the discharge of such individual from a
facility providing care and treatment.
(4) Establish a board which shall:
(a) advise the protection and advocacy system on
policies and priorities to be carried out in protecting
and advocating the rights of mentally ill individuals;
and
(b) include attorneys, mental health
professionals, individuals from the public who are
knowledgeable about mental illness, a provider of
mental health services, individuals who have received
or are receiving mental health services and family
members of such individuals. At least one-half the
members of the board shall be individuals who have
received or are receiving mental health services or who
are family members of such individuals.

(5) On January 1, 1988, and on January 1 of each
succeeding year, prepare and transmit to the Secretary of
the United States Department of Health and Human Services
and to the Illinois Secretary of Human Services a report
describing the activities, accomplishments and
expenditures of the protection and advocacy system during
the most recently completed fiscal year.
(B) The agency shall have access to all mental health
facilities as defined in Sections 1-107 and 1-114 of the Mental
Health and Developmental Disabilities Code, all facilities as
defined in Section 1-113 of the Nursing Home Care Act, all
facilities as defined in Section 1-113 of the Specialized
Mental Health Rehabilitation Act, all facilities as defined in
Section 1-113 of the ID/DD Community Care Act, all facilities
as defined in Section 2.06 of the Child Care Act of 1969, as
now or hereafter amended, and all other facilities providing
care or treatment to mentally ill persons. Such access shall be
granted for the purposes of meeting with residents and staff,
informing them of services available from the agency,
distributing written information about the agency and the
rights of persons who are mentally ill, conducting scheduled
and unscheduled visits, and performing other activities
designed to protect the rights of mentally ill persons.
(C) The agency shall have access to all records of mentally
ill persons who are receiving care or treatment from a
facility, subject to the limitations of this Act, the Mental

Health and Developmental Disabilities Confidentiality Act, the
Nursing Home Care Act and the Child Care Act of 1969, as now or
hereafter amended. If the mentally ill person has a legal
guardian other than the State or a designee of the State, the
facility director shall disclose the guardian's name, address
and telephone number to the agency upon its request. In cases
of conflict with provisions of the Abused and Neglected Child
Reporting Act and the Nursing Home Care Act, the provisions of
the Abused and Neglected Child Reporting Act and the Nursing
Home Care Act shall apply. The agency shall also have access,
for the purpose of inspection and copying, to the records of a
mentally ill person (i) who by reason of his or her mental or
physical condition is unable to authorize the agency to have
such access; (ii) who does not have a legal guardian or for
whom the State or a designee of the State is the legal
guardian; and (iii) with respect to whom a complaint has been
received by the agency or with respect to whom there is
probable cause to believe that such person has been subjected
to abuse or neglect.
The agency shall provide written notice to the mentally ill
person and the State guardian of the nature of the complaint
based upon which the agency has gained access to the records.
No record or the contents of the record shall be redisclosed by
the agency unless the person who is mentally ill and the State
guardian are provided 7 days advance written notice, except in
emergency situations, of the agency's intent to redisclose such

record. Within such 7-day period, the mentally ill person or
the State guardian may seek an injunction prohibiting the
agency's redisclosure of such record on the grounds that such
redisclosure is contrary to the interests of the mentally ill
person.
Upon request, the authorized agency shall be entitled to
inspect and copy any clinical or trust fund records of mentally
ill persons which may further the agency's investigation of
alleged problems affecting numbers of mentally ill persons.
When required by law, any personally identifiable information
of mentally ill persons shall be removed from the records.
However, the agency may not inspect or copy any records or
other materials when the removal of personally identifiable
information imposes an unreasonable burden on any facility as
defined by the Mental Health and Developmental Disabilities
Code, the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the Child Care Act of 1969, or any other
facility providing care or treatment to mentally ill persons.
(D) Prior to instituting any legal action in a federal or
State court on behalf of a mentally ill individual, an eligible
protection and advocacy system, or a State agency or nonprofit
organization which entered into a contract with such an
eligible system under Section 104(a) of the federal Protection
and Advocacy for Mentally Ill Individuals Act of 1986, shall
exhaust in a timely manner all administrative remedies where
appropriate. If, in pursuing administrative remedies, the

system, State agency or organization determines that any matter
with respect to such individual will not be resolved within a
reasonable time, the system, State agency or organization may
pursue alternative remedies, including the initiation of
appropriate legal action.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 10-4-11.)
Section 535. The Developmental Disability and Mental
Disability Services Act is amended by changing Sections 2-3 and
5-1 as follows:
(405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
Sec. 2-3. As used in this Article, unless the context
requires otherwise:
(a) "Agency" means an agency or entity licensed by the
Department pursuant to this Article or pursuant to the
Community Residential Alternatives Licensing Act.
(b) "Department" means the Department of Human Services, as
successor to the Department of Mental Health and Developmental
Disabilities.
(c) "Home-based services" means services provided to a
mentally disabled adult who lives in his or her own home. These
services include but are not limited to:
(1) home health services;
(2) case management;

(3) crisis management;
(4) training and assistance in self-care;
(5) personal care services;
(6) habilitation and rehabilitation services;
(7) employment-related services;
(8) respite care; and
(9) other skill training that enables a person to
become self-supporting.
(d) "Legal guardian" means a person appointed by a court of
competent jurisdiction to exercise certain powers on behalf of
a mentally disabled adult.
(e) "Mentally disabled adult" means a person over the age
of 18 years who lives in his or her own home; who needs
home-based services, but does not require 24-hour-a-day
supervision; and who has one of the following conditions:
severe autism, severe mental illness, a severe or profound
intellectual disability, or severe and multiple impairments.
(f) In one's "own home" means that a mentally disabled
adult lives alone; or that a mentally disabled adult is in
full-time residence with his or her parents, legal guardian, or
other relatives; or that a mentally disabled adult is in
full-time residence in a setting not subject to licensure under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, the ID/DD Community Care Act, or the Child
Care Act of 1969, as now or hereafter amended, with 3 or fewer
other adults unrelated to the mentally disabled adult who do

not provide home-based services to the mentally disabled adult.
(g) "Parent" means the biological or adoptive parent of a
mentally disabled adult, or a person licensed as a foster
parent under the laws of this State who acts as a mentally
disabled adult's foster parent.
(h) "Relative" means any of the following relationships by
blood, marriage or adoption: parent, son, daughter, brother,
sister, grandparent, uncle, aunt, nephew, niece, great
grandparent, great uncle, great aunt, stepbrother, stepsister,
stepson, stepdaughter, stepparent or first cousin.
(i) "Severe autism" means a lifelong developmental
disability which is typically manifested before 30 months of
age and is characterized by severe disturbances in reciprocal
social interactions; verbal and nonverbal communication and
imaginative activity; and repertoire of activities and
interests. A person shall be determined severely autistic, for
purposes of this Article, if both of the following are present:
(1) Diagnosis consistent with the criteria for
autistic disorder in the current edition of the Diagnostic
and Statistical Manual of Mental Disorders.
(2) Severe disturbances in reciprocal social
interactions; verbal and nonverbal communication and
imaginative activity; repertoire of activities and
interests. A determination of severe autism shall be based
upon a comprehensive, documented assessment with an
evaluation by a licensed clinical psychologist or

psychiatrist. A determination of severe autism shall not be
based solely on behaviors relating to environmental,
cultural or economic differences.
(j) "Severe mental illness" means the manifestation of all
of the following characteristics:
(1) A primary diagnosis of one of the major mental
disorders in the current edition of the Diagnostic and
Statistical Manual of Mental Disorders listed below:
(A) Schizophrenia disorder.
(B) Delusional disorder.
(C) Schizo-affective disorder.
(D) Bipolar affective disorder.
(E) Atypical psychosis.
(F) Major depression, recurrent.
(2) The individual's mental illness must substantially
impair his or her functioning in at least 2 of the
following areas:
(A) Self-maintenance.
(B) Social functioning.
(C) Activities of community living.
(D) Work skills.
(3) Disability must be present or expected to be
present for at least one year.
A determination of severe mental illness shall be based
upon a comprehensive, documented assessment with an evaluation
by a licensed clinical psychologist or psychiatrist, and shall

not be based solely on behaviors relating to environmental,
cultural or economic differences.
(k) "Severe or profound intellectual disability" means a
manifestation of all of the following characteristics:
(1) A diagnosis which meets Classification in Mental
Retardation or criteria in the current edition of the
Diagnostic and Statistical Manual of Mental Disorders for
severe or profound mental retardation (an IQ of 40 or
below). This must be measured by a standardized instrument
for general intellectual functioning.
(2) A severe or profound level of disturbed adaptive
behavior. This must be measured by a standardized adaptive
behavior scale or informal appraisal by the professional in
keeping with illustrations in Classification in Mental
Retardation, 1983.
(3) Disability diagnosed before age of 18.
A determination of a severe or profound intellectual
disability shall be based upon a comprehensive, documented
assessment with an evaluation by a licensed clinical
psychologist or certified school psychologist or a
psychiatrist, and shall not be based solely on behaviors
relating to environmental, cultural or economic differences.
(l) "Severe and multiple impairments" means the
manifestation of all of the following characteristics:
(1) The evaluation determines the presence of a
developmental disability which is expected to continue

indefinitely, constitutes a substantial handicap and is
attributable to any of the following:
(A) Intellectual disability, which is defined as
general intellectual functioning that is 2 or more
standard deviations below the mean concurrent with
impairment of adaptive behavior which is 2 or more
standard deviations below the mean. Assessment of the
individual's intellectual functioning must be measured
by a standardized instrument for general intellectual
functioning.
(B) Cerebral palsy.
(C) Epilepsy.
(D) Autism.
(E) Any other condition which results in
impairment similar to that caused by an intellectual
disability and which requires services similar to
those required by intellectually disabled persons.
(2) The evaluation determines multiple handicaps in
physical, sensory, behavioral or cognitive functioning
which constitute a severe or profound impairment
attributable to one or more of the following:
(A) Physical functioning, which severely impairs
the individual's motor performance that may be due to:
(i) Neurological, psychological or physical
involvement resulting in a variety of disabling
conditions such as hemiplegia, quadriplegia or

ataxia,
(ii) Severe organ systems involvement such as
congenital heart defect,
(iii) Physical abnormalities resulting in the
individual being non-mobile and non-ambulatory or
confined to bed and receiving assistance in
transferring, or
(iv) The need for regular medical or nursing
supervision such as gastrostomy care and feeding.
Assessment of physical functioning must be based
on clinical medical assessment by a physician licensed
to practice medicine in all its branches, using the
appropriate instruments, techniques and standards of
measurement required by the professional.
(B) Sensory, which involves severe restriction due
to hearing or visual impairment limiting the
individual's movement and creating dependence in
completing most daily activities. Hearing impairment
is defined as a loss of 70 decibels aided or speech
discrimination of less than 50% aided. Visual
impairment is defined as 20/200 corrected in the better
eye or a visual field of 20 degrees or less. Sensory
functioning must be based on clinical medical
assessment by a physician licensed to practice
medicine in all its branches using the appropriate
instruments, techniques and standards of measurement

required by the professional.
(C) Behavioral, which involves behavior that is
maladaptive and presents a danger to self or others, is
destructive to property by deliberately breaking,
destroying or defacing objects, is disruptive by
fighting, or has other socially offensive behaviors in
sufficient frequency or severity to seriously limit
social integration. Assessment of behavioral
functioning may be measured by a standardized scale or
informal appraisal by a clinical psychologist or
psychiatrist.
(D) Cognitive, which involves intellectual
functioning at a measured IQ of 70 or below. Assessment
of cognitive functioning must be measured by a
standardized instrument for general intelligence.
(3) The evaluation determines that development is
substantially less than expected for the age in cognitive,
affective or psychomotor behavior as follows:
(A) Cognitive, which involves intellectual
functioning at a measured IQ of 70 or below. Assessment
of cognitive functioning must be measured by a
standardized instrument for general intelligence.
(B) Affective behavior, which involves over and
under responding to stimuli in the environment and may
be observed in mood, attention to awareness, or in
behaviors such as euphoria, anger or sadness that

seriously limit integration into society. Affective
behavior must be based on clinical assessment using the
appropriate instruments, techniques and standards of
measurement required by the professional.
(C) Psychomotor, which includes a severe
developmental delay in fine or gross motor skills so
that development in self-care, social interaction,
communication or physical activity will be greatly
delayed or restricted.
(4) A determination that the disability originated
before the age of 18 years.
A determination of severe and multiple impairments shall be
based upon a comprehensive, documented assessment with an
evaluation by a licensed clinical psychologist or
psychiatrist.
If the examiner is a licensed clinical psychologist,
ancillary evaluation of physical impairment, cerebral palsy or
epilepsy must be made by a physician licensed to practice
medicine in all its branches.
Regardless of the discipline of the examiner, ancillary
evaluation of visual impairment must be made by an
ophthalmologist or a licensed optometrist.
Regardless of the discipline of the examiner, ancillary
evaluation of hearing impairment must be made by an
otolaryngologist or an audiologist with a certificate of
clinical competency.

The only exception to the above is in the case of a person
with cerebral palsy or epilepsy who, according to the
eligibility criteria listed below, has multiple impairments
which are only physical and sensory. In such a case, a
physician licensed to practice medicine in all its branches may
serve as the examiner.
(m) "Twenty-four-hour-a-day supervision" means
24-hour-a-day care by a trained mental health or developmental
disability professional on an ongoing basis.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 10-4-11.)
(405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)
Sec. 5-1. As the mental health and developmental
disabilities or intellectual disabilities authority for the
State of Illinois, the Department of Human Services shall have
the authority to license, certify and prescribe standards
governing the programs and services provided under this Act, as
well as all other agencies or programs which provide home-based
or community-based services to the mentally disabled, except
those services, programs or agencies established under or
otherwise subject to the Child Care Act of 1969, the
Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act, as now or hereafter amended, and this Act
shall not be construed to limit the application of those Acts.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,

eff. 1-1-12; revised 10-4-11.)
Section 540. The Crematory Regulation Act is amended by
changing Section 10 as follows:
(410 ILCS 18/10)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10. Establishment of crematory and licensing of
crematory authority.
(a) Any person doing business in this State, or any
cemetery, funeral establishment, corporation, partnership,
joint venture, voluntary organization or any other entity, may
erect, maintain, and operate a crematory in this State and
provide the necessary appliances and facilities for the
cremation of human remains in accordance with this Act.
(b) A crematory shall be subject to all local, State, and
federal health and environmental protection requirements and
shall obtain all necessary licenses and permits from the
Department, the federal Department of Health and Human
Services, and the Illinois and federal Environmental
Protection Agencies, or such other appropriate local, State, or
federal agencies.
(c) A crematory may be constructed on or adjacent to any
cemetery, on or adjacent to any funeral establishment, or at
any other location consistent with local zoning regulations.

(d) An application for licensure as a crematory authority
shall be in writing on forms furnished by the Comptroller.
Applications shall be accompanied by a fee of $50 and shall
contain all of the following:
(1) The full name and address, both residence and
business, of the applicant if the applicant is an
individual; the full name and address of every member if
the applicant is a partnership; the full name and address
of every member of the board of directors if the applicant
is an association; and the name and address of every
officer, director, and shareholder holding more than 25% of
the corporate stock if the applicant is a corporation.
(2) The address and location of the crematory.
(3) A description of the type of structure and
equipment to be used in the operation of the crematory,
including the operating permit number issued to the
cremation device by the Illinois Environmental Protection
Agency.
(3.5) Attestation by the owner that cremation services
shall be by a person trained in accordance with the
requirements of Section 22 of this Act.
(3.10) A copy of the certification or certifications
issued by the certification program to the person or
persons who will operate the cremation device.
(4) Any further information that the Comptroller
reasonably may require.

(e) Each crematory authority shall file an annual report
with the Comptroller, accompanied with a $25 fee, providing (i)
an affidavit signed by the owner of the crematory authority
that at the time of the report the cremation device was in
proper operating condition, (ii) the total number of all
cremations performed at the crematory during the past year,
(iii) attestation by the licensee that all applicable permits
and certifications are valid, and (iv) either (A) any changes
required in the information provided under subsection (d) or
(B) an indication that no changes have occurred. The annual
report shall be filed by a crematory authority on or before
March 15 of each calendar year, in the Office of the
Comptroller. If the fiscal year of a crematory authority is
other than on a calendar year basis, then the crematory
authority shall file the report required by this Section within
75 days after the end of its fiscal year. The Comptroller
shall, for good cause shown, grant an extension for the filing
of the annual report upon the written request of the crematory
authority. An extension shall not exceed 60 days. If a
crematory authority fails to submit an annual report to the
Comptroller within the time specified in this Section, the
Comptroller shall impose upon the crematory authority a penalty
of $5 for each and every day the crematory authority remains
delinquent in submitting the annual report. The Comptroller may
abate all or part of the $5 daily penalty for good cause shown.
(f) All records required to be maintained under this Act,

including but not limited to those relating to the license and
annual report of the crematory authority required to be filed
under this Section, shall be subject to inspection by the
Comptroller upon reasonable notice.
(g) The Comptroller may inspect crematory records at the
crematory authority's place of business to review the
licensee's compliance with this Act. The inspection must
include verification that:
(1) the crematory authority has complied with
record-keeping requirements of this Act;
(2) a crematory device operator's certification of
training is conspicuously displayed at the crematory;
(3) the cremation device has a current operating permit
issued by the Illinois Environmental Protection Agency and
the permit is conspicuously displayed in the crematory;
(4) the crematory authority is in compliance with local
zoning requirements; and
(5) the crematory authority license issued by the
Comptroller is conspicuously displayed at the crematory.
(h) The Comptroller shall issue licenses under this Act to
the crematories that are registered with the Comptroller as of
July 1, 2003 without requiring the previously registered
crematories to complete license applications.
(Source: P.A. 92-419, eff. 1-1-02; 92-675, eff. 7-1-03.)
(Text of Section after amendment by P.A. 96-863)

(Section scheduled to be repealed on January 1, 2021)
Sec. 10. Establishment of crematory and licensing of
crematory authority.
(a) Any person doing business in this State, or any
cemetery, funeral establishment, corporation, partnership,
joint venture, voluntary organization or any other entity, may
erect, maintain, and operate a crematory in this State and
provide the necessary appliances and facilities for the
cremation of human remains in accordance with this Act.
(b) A crematory shall be subject to all local, State, and
federal health and environmental protection requirements and
shall obtain all necessary licenses and permits from the
Department of Financial and Professional Regulation, the
Department of Public Health, the federal Department of Health
and Human Services, and the Illinois and federal Environmental
Protection Agencies, or such other appropriate local, State, or
federal agencies.
(c) A crematory may be constructed on or adjacent to any
cemetery, on or adjacent to any funeral establishment, or at
any other location consistent with local zoning regulations.
(d) An application for licensure as a crematory authority
shall be in writing on forms furnished by the Department.
Applications shall be accompanied by a reasonable fee
determined by rule and shall contain all of the following:
(1) The full name and address, both residence and
business, of the applicant if the applicant is an

individual; the full name and address of every member if
the applicant is a partnership; the full name and address
of every member of the board of directors if the applicant
is an association; and the name and address of every
officer, director, and shareholder holding more than 25% of
the corporate stock if the applicant is a corporation.
(2) The address and location of the crematory.
(3) A description of the type of structure and
equipment to be used in the operation of the crematory,
including the operating permit number issued to the
cremation device by the Illinois Environmental Protection
Agency.
(4) Any further information that the Department
reasonably may require as established by rule.
(e) Each crematory authority shall file an annual report
with the Department, accompanied with a reasonable fee
determined by rule, providing (i) an affidavit signed by the
owner of the crematory authority that at the time of the report
the cremation device was in proper operating condition, (ii)
the total number of all cremations performed at the crematory
during the past year, (iii) attestation by the licensee that
all applicable permits and certifications are valid, (iv)
either (A) any changes required in the information provided
under subsection (d) or (B) an indication that no changes have
occurred, and (v) any other information that the Department may
require as established by rule. The annual report shall be

filed by a crematory authority on or before March 15 of each
calendar year. If the fiscal year of a crematory authority is
other than on a calendar year basis, then the crematory
authority shall file the report required by this Section within
75 days after the end of its fiscal year. If a crematory
authority fails to submit an annual report to the Department
within the time specified in this Section, the Department shall
impose upon the crematory authority a penalty as provided for
by rule for each and every day the crematory authority remains
delinquent in submitting the annual report. The Department may
abate all or part of the penalty for good cause shown.
(f) All records required to be maintained under this Act,
including but not limited to those relating to the license and
annual report of the crematory authority required to be filed
under this Section, shall be subject to inspection by the
Comptroller upon reasonable notice.
(g) The Department may inspect crematory records at the
crematory authority's place of business to review the
licensee's compliance with this Act. The inspection must
include verification that:
(1) the crematory authority has complied with
record-keeping requirements of this Act;
(2) a crematory device operator's certification of
training is conspicuously displayed at the crematory;
(3) the cremation device has a current operating permit
issued by the Illinois Environmental Protection Agency and

the permit is conspicuously displayed in the crematory;
(4) the crematory authority is in compliance with local
zoning requirements; and
(5) the crematory authority license issued by the
Department is conspicuously displayed at the crematory;
and .
(6) other details as determined by rule.
(h) The Department shall issue licenses under this Act to
the crematories that are registered with the Comptroller as of
on March 1, 2012 without requiring the previously registered
crematories to complete license applications.
(Source: P.A. 96-863, eff. 3-1-12; revised 11-18-11.)
Section 545. The Newborn Metabolic Screening Act is amended
by changing Section 2 as follows:
(410 ILCS 240/2) (from Ch. 111 1/2, par. 4904)
Sec. 2. The Department of Public Health shall administer
the provisions of this Act and shall:
(a) Institute and carry on an intensive educational program
among physicians, hospitals, public health nurses and the
public concerning the diseases phenylketonuria,
hypothyroidism, galactosemia and other metabolic diseases.
This educational program shall include information about the
nature of the diseases and examinations for the detection of
the diseases in early infancy in order that measures may be

taken to prevent the intellectual disabilities resulting from
the diseases.
(a-5) Beginning July 1, 2002, provide all newborns with
expanded screening tests for the presence of genetic,
endocrine, or other metabolic disorders, including
phenylketonuria, galactosemia, hypothyroidism, congenital
adrenal hyperplasia, biotinidase deficiency, and sickling
disorders, as well as other amino acid disorders, organic acid
disorders, fatty acid oxidation disorders, and other
abnormalities detectable through the use of a tandem mass
spectrometer. If by July 1, 2002, the Department is unable to
provide expanded screening using the State Laboratory, it shall
temporarily provide such screening through an accredited
laboratory selected by the Department until the Department has
the capacity to provide screening through the State Laboratory.
If expanded screening is provided on a temporary basis through
an accredited laboratory, the Department shall substitute the
fee charged by the accredited laboratory, plus a 5% surcharge
for documentation and handling, for the fee authorized in
subsection (e) of this Section.
(a-6) In accordance with the timetable specified in this
subsection, provide all newborns with expanded screening tests
for the presence of certain Lysosomal Storage Disorders known
as Krabbe, Pompe, Gaucher, Fabry, and Niemann-Pick. The testing
shall begin within 6 months following the occurrence of all of
the following:

(i) the establishment and verification of relevant and
appropriate performance specifications as defined under
the federal Clinical Laboratory Improvement Amendments and
regulations thereunder for Federal Drug
Administration-cleared or in-house developed methods,
performed under an institutional review board approved
protocol, if required;
(ii) the availability of quality assurance testing
methodology for these processes;
(iii) the acquisition and installment by the
Department of the equipment necessary to implement the
expanded screening tests;
(iv) establishment of precise threshold values
ensuring defined disorder identification for each
screening test;
(v) authentication of pilot testing achieving each
milestone described in items (i) through (iv) of this
subsection (a-6) for each disorder screening test; and
(vi) authentication achieving potentiality of high
throughput standards for statewide volume of each disorder
screening test concomitant with each milestone described
in items (i) through (iv) of this subsection (a-6).
It is the goal of Public Act 97-532 this amendatory Act of
the 97th General Assembly that the expanded screening for the
specified Lysosomal Storage Disorders begins within 2 years
after August 23, 2011 (the effective date of Public Act 97-532)

this amendatory Act of the 97th General Assembly. The
Department is authorized to implement an additional fee for the
screening prior to beginning the testing in order to accumulate
the resources for start-up and other costs associated with
implementation of the screening and thereafter to support the
costs associated with screening and follow-up programs for the
specified Lysosomal Storage Disorders.
(a-7) In accordance with the timetable specified in this
subsection (a-7), provide all newborns with expanded screening
tests for the presence of Severe Combined Immunodeficiency
Disease (SCID). The testing shall begin within 12 months
following the occurrence of all of the following:
(i) the establishment and verification of relevant and
appropriate performance specifications as defined under
the federal Clinical Laboratory Improvement Amendments and
regulations thereunder for Federal Drug
Administration-cleared or in-house developed methods,
performed under an institutional review board approved
protocol, if required;
(ii) the availability of quality assurance testing and
comparative threshold values for SCID;
(iii) the acquisition and installment by the
Department of the equipment necessary to implement the
initial pilot and expanded statewide volume of screening
tests for SCID;
(iv) establishment of precise threshold values

ensuring defined disorder identification for SCID;
(v) authentication of pilot testing achieving each
milestone described in items (i) through (iv) of this
subsection (a-7) for SCID; and
(vi) authentication achieving potentiality of high
throughput standards for statewide volume of the SCID
screening test concomitant with each milestone described
in items (i) through (iv) of this subsection (a-7).
It is the goal of Public Act 97-532 this amendatory Act of
the 97th General Assembly that the expanded screening for
Severe Combined Immunodeficiency Disease begins within 2 years
after August 23, 2011 (the effective date of Public Act 97-532)
this amendatory Act of the 97th General Assembly. The
Department is authorized to implement an additional fee for the
screening prior to beginning the testing in order to accumulate
the resources for start-up and other costs associated with
implementation of the screening and thereafter to support the
costs associated with screening and follow-up programs for
Severe Combined Immunodeficiency Disease.
(a-8) In accordance with the timetable specified in this
subsection (a-8), provide all newborns with expanded screening
tests for the presence of certain Lysosomal Storage Disorders
known as Mucopolysaccharidosis I (Hurlers) and
Mucopolysaccharidosis II (Hunters). The testing shall begin
within 12 months following the occurrence of all of the
following:

(i) the establishment and verification of relevant and
appropriate performance specifications as defined under
the federal Clinical Laboratory Improvement Amendments and
regulations thereunder for Federal Drug
Administration-cleared or in-house developed methods,
performed under an institutional review board approved
protocol, if required;
(ii) the availability of quality assurance testing and
comparative threshold values for each screening test and
accompanying disorder;
(iii) the acquisition and installment by the
Department of the equipment necessary to implement the
initial pilot and expanded statewide volume of screening
tests for each disorder;
(iv) establishment of precise threshold values
ensuring defined disorder identification for each
screening test;
(v) authentication of pilot testing achieving each
milestone described in items (i) through (iv) of this
subsection (a-8) for each disorder screening test; and
(vi) authentication achieving potentiality of high
throughput standards for statewide volume of each disorder
screening test concomitant with each milestone described
in items (i) through (iv) of this subsection (a-8).
It is the goal of Public Act 97-532 this amendatory Act of
the 97th General Assembly that the expanded screening for the

specified Lysosomal Storage Disorders begins within 3 years
after August 23, 2011 (the effective date of Public Act 97-532)
this amendatory Act of the 97th General Assembly. The
Department is authorized to implement an additional fee for the
screening prior to beginning the testing in order to accumulate
the resources for start-up and other costs associated with
implementation of the screening and thereafter to support the
costs associated with screening and follow-up programs for the
specified Lysosomal Storage Disorders.
(b) Maintain a registry of cases including information of
importance for the purpose of follow-up services to prevent
intellectual disabilities.
(c) Supply the necessary metabolic treatment formulas
where practicable for diagnosed cases of amino acid metabolism
disorders, including phenylketonuria, organic acid disorders,
and fatty acid oxidation disorders for as long as medically
indicated, when the product is not available through other
State agencies.
(d) Arrange for or provide public health nursing, nutrition
and social services and clinical consultation as indicated.
(e) Require that all specimens collected pursuant to this
Act or the rules and regulations promulgated hereunder be
submitted for testing to the nearest Department of Public
Health laboratory designated to perform such tests. The
Department may develop a reasonable fee structure and may levy
fees according to such structure to cover the cost of providing

this testing service. Fees collected from the provision of this
testing service shall be placed in a special fund in the State
Treasury, hereafter known as the Metabolic Screening and
Treatment Fund. Other State and federal funds for expenses
related to metabolic screening, follow-up and treatment
programs may also be placed in such Fund. Moneys shall be
appropriated from such Fund to the Department of Public Health
solely for the purposes of providing metabolic screening,
follow-up and treatment programs. Nothing in this Act shall be
construed to prohibit any licensed medical facility from
collecting additional specimens for testing for metabolic or
neonatal diseases or any other diseases or conditions, as it
deems fit. Any person violating the provisions of this
subsection (e) is guilty of a petty offense.
(Source: P.A. 97-227, eff. 1-1-12; 97-532, eff. 8-23-11;
revised 10-4-11.)
Section 550. The Sanitary Food Preparation Act is amended
by changing Section 11 as follows:
(410 ILCS 650/11) (from Ch. 56 1/2, par. 77)
Sec. 11. Except as hereinafter provided and as provided in
Sections Section 3.3 and 4 of the Food Handling Regulation
Enforcement Act, the Department of Public Health shall enforce
this Act, and for that purpose it may at all times enter every
such building, room, basement, inclosure or premises occupied

or used or suspected of being occupied or used for the
production, preparation or manufacture for sale, or the
storage, sale, distribution or transportation of such food, to
inspect the premises and all utensils, fixtures, furniture and
machinery used as aforesaid; and if upon inspection any such
food producing or distribution establishment, conveyance, or
employer, employee, clerk, driver or other person is found to
be violating any of the provisions of this Act, or if the
production, preparation, manufacture, packing, storage, sale,
distribution or transportation of such food is being conducted
in a manner detrimental to the health of the employees and
operatives, or to the character or quality of the food therein
being produced, manufactured, packed, stored, sold,
distributed or conveyed, the officer or inspector making the
inspection or examination shall report such conditions and
violations to the Department. The Department of Agriculture
shall have exclusive jurisdiction for the enforcement of this
Act insofar as it relates to establishments defined by Section
2.5 of "The Meat and Poultry Inspection Act", approved July 22,
1959, as heretofore or hereafter amended. The Department of
Agriculture or Department of Public Health, as the case may be,
shall thereupon issue a written order to the person, firm or
corporation responsible for the violation or condition
aforesaid to abate such condition or violation or to make such
changes or improvements as may be necessary to abate them,
within such reasonable time as may be required. Notice of the

order may be served by delivering a copy thereof to the person,
firm or corporation, or by sending a copy thereof by registered
mail, and the receipt thereof through the post office shall be
prima facie evidence that notice of the order has been
received. Such person, firm or corporation may appear in person
or by attorney before the Department of Agriculture or the
Department of Public Health, as the case may be, within the
time limited in the order, and shall be given an opportunity to
be heard and to show why such order or instructions should not
be obeyed. The hearing shall be under such rules and
regulations as may be prescribed by the Department of
Agriculture or the Department of Public Health, as the case may
be. If after such hearing it appears that this Act has not been
violated, the order shall be rescinded. If it appears that this
Act is being violated, and that the person, firm or corporation
notified is responsible therefor, the previous order shall be
confirmed or amended, as the facts shall warrant, and shall
thereupon be final, but such additional time as is necessary
may be granted within which to comply with the final order. If
such person, firm or corporation is not present or represented
when such final order is made, notice thereof shall be given as
above provided. On failure of the party or parties to comply
with the first order of the Department of Agriculture or the
Department of Public Health, as the case may be, within the
time prescribed, when no hearing is demanded, or upon failure
to comply with the final order within the time specified, the

Department shall certify the facts to the State's Attorney of
the county in which such violation occurred, and such State's
Attorney shall proceed against the party or parties for the
fines and penalties provided by this Act, and also for the
abatement of the nuisance: Provided, that the proceedings
herein prescribed for the abatement of nuisances as defined in
this Act shall not in any manner relieve the violator from
prosecution in the first instance for every such violation, nor
from the penalties for such violation prescribed by Section 13.
(Source: P.A. 97-393, eff. 1-1-12; 97-394, eff. 8-16-11;
revised 10-4-11.)
Section 555. The Environmental Protection Act is amended by
changing Sections 22.38 and 44 as follows:
(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 after 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,
recovered wood that is processed for use as fuel, and
general construction or demolition debris that is
processed for use at a landfill from the non-recyclable
general construction or demolition debris that is to be
disposed of or discarded.
(2) Transport off site for disposal, in accordance with
all applicable federal, State, and local requirements
within 72 hours after its receipt at the facility, all
non-usable or non-recyclable general construction or
demolition debris that is not recyclable general
construction or demolition debris, recovered wood that is
processed for use as fuel, or general construction or
demolition debris that is processed for use at a landfill.
(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, so that 75% or more of the general construction or
demolition debris accepted, as calculated monthly on a

rolling 12-month average, consists of recyclable general
construction or demolition debris, recovered wood that is
processed for use as fuel, or general construction or
demolition debris that is processed for use at a landfill
except that general construction or demolition debris
processed for use at a landfill shall not exceed 35% of the
general construction or demolition debris accepted on a
rolling 12-month average basis. The percentages in this
paragraph (3) of subsection (b) shall be calculated by
weight, using scales located at the facility that are
certified under the Weights and Measures Act.
(4) Within 6 months after its receipt at the facility,
transport:
(A) all non-putrescible recyclable general
construction or demolition debris for recycling or
disposal; and
(B) all non-putrescible general construction or
demolition debris that is processed for use at a
landfill to a MSWLF unit for use or disposal.
(5) Within 45 days after its receipt at the facility,
transport:
(A) all putrescible or combustible recyclable
general construction or demolition debris (excluding
recovered wood that is processed for use as fuel) for
recycling or disposal;
(B) 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; and
(C) all putrescible general construction or
demolition debris that is processed for use at a
landfill to a MSWLF unit for use or disposal.
(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.
(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), 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
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), 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 under paragraph (11) of subsection (b) of this
Section 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
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 (i) general construction or
demolition debris processed for use as fuel, incinerated,
burned, buried, or otherwise used as fill material or (ii)
general construction or demolition debris that is processed for
use at a landfill.
(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" or general construction
or demolition debris that is processed for use at a landfill.
(g) Recyclable general construction or demolition debris,
recovered wood that is processed for use as fuel, and general
construction or demolition debris that is processed for use at
a landfill shall not be considered as meeting the 75% diversion
requirement for purposes of subdivision (b)(3) of this Section
if sent for disposal at the end of the applicable retention
period.
(h) For the purposes of this Section, "general construction
or demolition debris that is processed for use at a landfill"
means general construction or demolition debris that is
processed for use at a MSWLF unit as alternative daily cover,
road building material, or drainage structure building
material in accordance with the MSWLF unit's waste disposal
permit issued by the Agency under this Act.
(i) (h) For purposes of the 75% diversion requirement under

subdivision (b)(3) of this Section, owners and operators of
facilities accepting exclusively general construction or
demolition debris for transfer, storage, or treatment may
multiply by 2 the amount of accepted asphalt roofing shingles
that are transferred to a facility for recycling in accordance
with a beneficial use determination issued under Section 22.54
of this Act. The owner or operator of the facility accepting
exclusively general construction or demolition debris for
transfer, storage, or treatment must maintain receipts from the
shingle recycling facility that document the amounts of asphalt
roofing shingles transferred for recycling in accordance with
the beneficial use determination. All receipts must be
maintained for a minimum of 3 years and must be made available
to the Agency for inspection and copying during normal business
hours.
(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09;
96-1000, eff. 7-2-10; 97-230, eff. 7-28-11; 97-314, eff.
1-1-12; revised 10-4-11.)
(415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
Sec. 44. Criminal acts; penalties.
(a) Except as otherwise provided in this Section, it shall
be a Class A misdemeanor to violate this Act or regulations
thereunder, or any permit or term or condition thereof, or
knowingly to submit any false information under this Act or
regulations adopted thereunder, or under any permit or term or

condition thereof. A court may, in addition to any other
penalty herein imposed, order a person convicted of any
violation of this Act to perform community service for not less
than 100 hours and not more than 300 hours if community service
is available in the jurisdiction. It shall be the duty of all
State and local law-enforcement officers to enforce such Act
and regulations, and all such officers shall have authority to
issue citations for such violations.
(b) Calculated Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Calculated Criminal
Disposal of Hazardous Waste when, without lawful
justification, he knowingly disposes of hazardous waste
while knowing that he thereby places another person in
danger of great bodily harm or creates an immediate or
long-term danger to the public health or the environment.
(2) Calculated Criminal Disposal of Hazardous Waste is
a Class 2 felony. In addition to any other penalties
prescribed by law, a person convicted of the offense of
Calculated Criminal Disposal of Hazardous Waste is subject
to a fine not to exceed $500,000 for each day of such
offense.
(c) Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Criminal Disposal
of Hazardous Waste when, without lawful justification, he

knowingly disposes of hazardous waste.
(2) Criminal Disposal of Hazardous Waste is a Class 3
felony. In addition to any other penalties prescribed by
law, a person convicted of the offense of Criminal Disposal
of Hazardous Waste is subject to a fine not to exceed
$250,000 for each day of such offense.
(d) Unauthorized Use of Hazardous Waste.
(1) A person commits the offense of Unauthorized Use of
Hazardous Waste when he, being required to have a permit,
registration, or license under this Act or any other law
regulating the treatment, transportation, or storage of
hazardous waste, knowingly:
(A) treats, transports, or stores any hazardous
waste without such permit, registration, or license;
(B) treats, transports, or stores any hazardous
waste in violation of the terms and conditions of such
permit or license;
(C) transports any hazardous waste to a facility
which does not have a permit or license required under
this Act; or
(D) transports by vehicle any hazardous waste
without having in each vehicle credentials issued to
the transporter by the transporter's base state
pursuant to procedures established under the Uniform
Program.

(2) A person who is convicted of a violation of
subparagraph (A), (B), or (C) of paragraph (1) of this
subsection is guilty of a Class 4 felony. A person who is
convicted of a violation of subparagraph (D) of paragraph
(1) of this subsection is guilty of a Class A misdemeanor.
In addition to any other penalties prescribed by law, a
person convicted of violating subparagraph (A), (B), or (C)
of paragraph (1) of this subsection is subject to a fine
not to exceed $100,000 for each day of such violation, and
a person who is convicted of violating subparagraph (D) of
paragraph (1) of this subsection is subject to a fine not
to exceed $1,000.
(e) Unlawful Delivery of Hazardous Waste.
(1) Except as authorized by this Act or the federal
Resource Conservation and Recovery Act, and the
regulations promulgated thereunder, it is unlawful for any
person to knowingly deliver hazardous waste.
(2) Unlawful Delivery of Hazardous Waste is a Class 3
felony. In addition to any other penalties prescribed by
law, a person convicted of the offense of Unlawful Delivery
of Hazardous Waste is subject to a fine not to exceed
$250,000 for each such violation.
(3) For purposes of this Section, "deliver" or
"delivery" means the actual, constructive, or attempted
transfer of possession of hazardous waste, with or without

consideration, whether or not there is an agency
relationship.
(f) Reckless Disposal of Hazardous Waste.
(1) A person commits Reckless Disposal of Hazardous
Waste if he disposes of hazardous waste, and his acts which
cause the hazardous waste to be disposed of, whether or not
those acts are undertaken pursuant to or under color of any
permit or license, are performed with a conscious disregard
of a substantial and unjustifiable risk that such disposing
of hazardous waste is a gross deviation from the standard
of care which a reasonable person would exercise in the
situation.
(2) Reckless Disposal of Hazardous Waste is a Class 4
felony. In addition to any other penalties prescribed by
law, a person convicted of the offense of Reckless Disposal
of Hazardous Waste is subject to a fine not to exceed
$50,000 for each day of such offense.
(g) Concealment of Criminal Disposal of Hazardous Waste.
(1) A person commits the offense of Concealment of
Criminal Disposal of Hazardous Waste when he conceals,
without lawful justification, the disposal of hazardous
waste with the knowledge that such hazardous waste has been
disposed of in violation of this Act.
(2) Concealment of Criminal Disposal of a Hazardous

Waste is a Class 4 felony. In addition to any other
penalties prescribed by law, a person convicted of the
offense of Concealment of Criminal Disposal of Hazardous
Waste is subject to a fine not to exceed $50,000 for each
day of such offense.
(h) Violations; False Statements.
(1) Any person who knowingly makes a false material
statement in an application for a permit or license
required by this Act to treat, transport, store, or dispose
of hazardous waste commits the offense of perjury and shall
be subject to the penalties set forth in Section 32-2 of
the Criminal Code of 1961.
(2) Any person who knowingly makes a false material
statement or representation in any label, manifest,
record, report, permit or license, or other document filed,
maintained, or used for the purpose of compliance with this
Act in connection with the generation, disposal,
treatment, storage, or transportation of hazardous waste
commits a Class 4 felony. A second or any subsequent
offense after conviction hereunder is a Class 3 felony.
(3) Any person who knowingly destroys, alters, or
conceals any record required to be made by this Act in
connection with the disposal, treatment, storage, or
transportation of hazardous waste commits a Class 4 felony.
A second or any subsequent offense after a conviction

hereunder is a Class 3 felony.
(4) Any person who knowingly makes a false material
statement or representation in any application, bill,
invoice, or other document filed, maintained, or used for
the purpose of receiving money from the Underground Storage
Tank Fund commits a Class 4 felony. A second or any
subsequent offense after conviction hereunder is a Class 3
felony.
(5) Any person who knowingly destroys, alters, or
conceals any record required to be made or maintained by
this Act or required to be made or maintained by Board or
Agency rules for the purpose of receiving money from the
Underground Storage Tank Fund commits a Class 4 felony. A
second or any subsequent offense after a conviction
hereunder is a Class 3 felony.
(6) A person who knowingly and falsely certifies under
Section 22.48 that an industrial process waste or pollution
control waste is not special waste commits a Class 4 felony
for a first offense and commits a Class 3 felony for a
second or subsequent offense.
(7) In addition to any other penalties prescribed by
law, a person convicted of violating this subsection (h) is
subject to a fine not to exceed $50,000 for each day of
such violation.
(8) Any person who knowingly makes a false, fictitious,
or fraudulent material statement, orally or in writing, to

the Agency, or to a unit of local government to which the
Agency has delegated authority under subsection (r) of
Section 4 of this Act, related to or required by this Act,
a regulation adopted under this Act, any federal law or
regulation for which the Agency has responsibility, or any
permit, term, or condition thereof, commits a Class 4
felony, and each such statement or writing shall be
considered a separate Class 4 felony. A person who, after
being convicted under this paragraph (8), violates this
paragraph (8) a second or subsequent time, commits a Class
3 felony.
(i) Verification.
(1) Each application for a permit or license to dispose
of, transport, treat, store, or generate hazardous waste
under this Act shall contain an affirmation that the facts
are true and are made under penalty of perjury as defined
in Section 32-2 of the Criminal Code of 1961. It is perjury
for a person to sign any such application for a permit or
license which contains a false material statement, which he
does not believe to be true.
(2) Each request for money from the Underground Storage
Tank Fund shall contain an affirmation that the facts are
true and are made under penalty of perjury as defined in
Section 32-2 of the Criminal Code of 1961. It is perjury
for a person to sign any request that contains a false

material statement that he does not believe to be true.
(j) Violations of Other Provisions.
(1) It is unlawful for a person knowingly to violate:
(A) subsection (f) of Section 12 of this Act;
(B) subsection (g) of Section 12 of this Act;
(C) any term or condition of any Underground
Injection Control (UIC) permit;
(D) any filing requirement, regulation, or order
relating to the State Underground Injection Control
(UIC) program;
(E) any provision of any regulation, standard, or
filing requirement under subsection (b) of Section 13
of this Act;
(F) any provision of any regulation, standard, or
filing requirement under subsection (b) of Section 39
of this Act;
(G) any National Pollutant Discharge Elimination
System (NPDES) permit issued under this Act or any term
or condition of such permit;
(H) subsection (h) of Section 12 of this Act;
(I) subsection 6 of Section 39.5 of this Act;
(J) any provision of any regulation, standard or
filing requirement under Section 39.5 of this Act;
(K) a provision of the Procedures for Asbestos
Emission Control in subsection (c) of Section 61.145 of

Title 40 of the Code of Federal Regulations; or
(L) the standard for waste disposal for
manufacturing, fabricating, demolition, renovation,
and spraying operations in Section 61.150 of Title 40
of the Code of Federal Regulations.
(2) A person convicted of a violation of subdivision
(1) of this subsection commits a Class 4 felony, and in
addition to any other penalty prescribed by law is subject
to a fine not to exceed $25,000 for each day of such
violation.
(3) A person who negligently violates the following
shall be subject to a fine not to exceed $10,000 for each
day of such violation:
(A) subsection (f) of Section 12 of this Act;
(B) subsection (g) of Section 12 of this Act;
(C) any provision of any regulation, standard, or
filing requirement under subsection (b) of Section 13
of this Act;
(D) any provision of any regulation, standard, or
filing requirement under subsection (b) of Section 39
of this Act;
(E) any National Pollutant Discharge Elimination
System (NPDES) permit issued under this Act;
(F) subsection 6 of Section 39.5 of this Act; or
(G) any provision of any regulation, standard, or
filing requirement under Section 39.5 of this Act.

(4) It is unlawful for a person knowingly to:
(A) make any false statement, representation, or
certification in an application form, or form
pertaining to, a National Pollutant Discharge
Elimination System (NPDES) permit;
(B) render inaccurate any monitoring device or
record required by the Agency or Board in connection
with any such permit or with any discharge which is
subject to the provisions of subsection (f) of Section
12 of this Act;
(C) make any false statement, representation, or
certification in any form, notice, or report
pertaining to a CAAPP permit under Section 39.5 of this
Act;
(D) render inaccurate any monitoring device or
record required by the Agency or Board in connection
with any CAAPP permit or with any emission which is
subject to the provisions of Section 39.5 of this Act;
or
(E) violate subsection 6 of Section 39.5 of this
Act or any CAAPP permit, or term or condition thereof,
or any fee or filing requirement.
(5) A person convicted of a violation of paragraph (4)
of this subsection commits a Class A misdemeanor, and in
addition to any other penalties provided by law is subject
to a fine not to exceed $10,000 for each day of violation.

(k) Criminal operation of a hazardous waste or PCB
incinerator.
(1) A person commits the offense of criminal operation
of a hazardous waste or PCB incinerator when, in the course
of operating a hazardous waste or PCB incinerator, he
knowingly and without justification operates the
incinerator (i) without an Agency permit, or in knowing
violation of the terms of an Agency permit, and (ii) as a
result of such violation, knowingly places any person in
danger of great bodily harm or knowingly creates an
immediate or long term material danger to the public health
or the environment.
(2) Any person who commits the offense of criminal
operation of a hazardous waste or PCB incinerator for the
first time commits a Class 4 felony and, in addition to any
other penalties prescribed by law, shall be subject to a
fine not to exceed $100,000 for each day of the offense.
Any person who commits the offense of criminal
operation of a hazardous waste or PCB incinerator for a
second or subsequent time commits a Class 3 felony and, in
addition to any other penalties prescribed by law, shall be
subject to a fine not to exceed $250,000 for each day of
the offense.
(3) For the purpose of this subsection (k), the term
"hazardous waste or PCB incinerator" means a pollution

control facility at which either hazardous waste or PCBs,
or both, are incinerated. "PCBs" means any substance or
mixture of substances that contains one or more
polychlorinated biphenyls in detectable amounts.
(l) It shall be the duty of all State and local law
enforcement officers to enforce this Act and the regulations
adopted hereunder, and all such officers shall have authority
to issue citations for such violations.
(m) Any action brought under this Section shall be brought
by the State's Attorney of the county in which the violation
occurred, or by the Attorney General, and shall be conducted in
accordance with the applicable provisions of the Code of
Criminal Procedure of 1963.
(n) For an offense described in this Section, the period
for commencing prosecution prescribed by the statute of
limitations shall not begin to run until the offense is
discovered by or reported to a State or local agency having the
authority to investigate violations of this Act.
(o) In addition to any other penalties provided under this
Act, if a person is convicted of (or agrees to a settlement in
an enforcement action over) illegal dumping of waste on the
person's own property, the Attorney General, the Agency, or

local prosecuting authority shall file notice of the
conviction, finding, or agreement in the office of the Recorder
in the county in which the landowner lives.
(p) Criminal Disposal of Waste.
(1) A person commits the offense of Criminal Disposal
of Waste when he or she:
(A) if required to have a permit under subsection
(d) of Section 21 of this Act, knowingly conducts a
waste-storage, waste-treatment, or waste-disposal
operation in a quantity that exceeds 250 cubic feet of
waste without a permit; or
(B) knowingly conducts open dumping of waste in
violation of subsection (a) of Section 21 of this Act.
(2) (A) A person who is convicted of a violation of
subparagraph (A) of paragraph (1) of this subsection is
guilty of a Class 4 felony for a first offense and, in
addition to any other penalties provided by law, is subject
to a fine not to exceed $25,000 for each day of violation.
A person who is convicted of a violation of subparagraph
(A) of paragraph (1) of this subsection is guilty of a
Class 3 felony for a second or subsequent offense and, in
addition to any other penalties provided by law, is subject
to a fine not to exceed $50,000 for each day of violation.
(B) A person who is convicted of a violation of
subparagraph (B) of paragraph (1) of this subsection is

guilty of a Class A misdemeanor. However, a person who
is convicted of a violation of subparagraph (B) of
paragraph (1) of this subsection for the open dumping
of waste in a quantity that exceeds 250 cubic feet or
that exceeds 50 waste tires is guilty of a Class 4
felony and, in addition to any other penalties provided
by law, is subject to a fine not to exceed $25,000 for
each day of violation.
(q) Criminal Damage to a Public Water Supply.
(1) A person commits the offense of Criminal Damage to
a Public Water Supply when, without lawful justification,
he knowingly alters, damages, or otherwise tampers with the
equipment or property of a public water supply, or
knowingly introduces a contaminant into the distribution
system of a public water supply so as to cause, threaten,
or allow the distribution of water from any public water
supply of such quality or quantity as to be injurious to
human health or the environment.
(2) Criminal Damage to a Public Water Supply is a Class
4 felony. In addition to any other penalties prescribed by
law, a person convicted of the offense of Criminal Damage
to a Public Water Supply is subject to a fine not to exceed
$250,000 for each day of such offense.
(r) Aggravated Criminal Damage to a Public Water Supply.

(1) A person commits the offense of Aggravated Criminal
Damage to a Public Water Supply when, without lawful
justification, he commits Criminal Damage to a Public Water
Supply while knowing that he thereby places another person
in danger of serious illness or great bodily harm, or
creates an immediate or long-term danger to public health
or the environment.
(2) Aggravated Criminal Damage to a Public Water Supply
is a Class 2 felony. In addition to any other penalties
prescribed by law, a person convicted of the offense of
Aggravated Criminal Damage to a Public Water Supply is
subject to a fine not to exceed $500,000 for each day of
such offense.
(Source: P.A. 96-603, eff. 8-24-09; 97-220, eff. 7-28-11;
97-286, eff. 8-10-11; revised 9-2-11.)
Section 560. The Drycleaner Environmental Response Trust
Fund Act is amended by changing Section 60 as follows:
(415 ILCS 135/60)
(Section scheduled to be repealed on January 1, 2020)
Sec. 60. Drycleaning facility license.
(a) On and after January 1, 1998, no person shall operate a
drycleaning facility in this State without a license issued by
the Council.
(b) The Council shall issue an initial or renewal license

to a drycleaning facility on submission by an applicant of a
completed form prescribed by the Council, proof of payment of
the required fee to the Department of Revenue, and, if the
drycleaning facility has previously received or is currently
receiving reimbursement for the costs of a remedial action, as
defined in this Act, proof of compliance with subsection (j) of
Section 40.
(c) On or after January 1, 2004, the annual fees for
licensure are as follows:
(1) $500 for a facility that uses (i) 50 gallons or
less of chlorine-based or green drycleaning solvents
annually, (ii) 250 or less gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine equipped with a solvent reclaimer, or (iii) 500
gallons or less annually of hydrocarbon-based drycleaning
solvents in a drycleaning machine without a solvent
reclaimer.
(2) $500 for a facility that uses (i) more than 50
gallons but not more than 100 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 250
gallons but not more 500 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 500
gallons but not more than 1,000 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.

(3) $500 for a facility that uses (i) more than 100
gallons but not more than 150 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 500
gallons but not more than 750 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 1,000
gallons but not more than 1,500 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(4) $1,000 for a facility that uses (i) more than 150
gallons but not more than 200 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 750
gallons but not more than 1,000 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 1,500
gallons but not more than 2,000 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(5) $1,000 for a facility that uses (i) more than 200
gallons but not more than 250 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 1,000
gallons but not more than 1,250 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 2,000
gallons but not more than 2,500 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning

machine without a solvent reclaimer.
(6) $1,000 for a facility that uses (i) more than 250
gallons but not more than 300 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 1,250
gallons but not more than 1,500 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 2,500
gallons but not more than 3,000 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(7) $1,000 for a facility that uses (i) more than 300
gallons but not more than 350 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 1,500
gallons but not more than 1,750 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 3,000
gallons but not more than 3,500 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(8) $1,500 for a facility that uses (i) more than 350
gallons but not more than 400 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 1,750
gallons but not more than 2,000 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 3,500
gallons but not more than 4,000 gallons annually of

hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(9) $1,500 for a facility that uses (i) more than 400
gallons but not more than 450 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 2,000
gallons but not more than 2,250 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 4,000
gallons but not more than 4,500 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(10) $1,500 for a facility that uses (i) more than 450
gallons but not more than 500 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 2,250
gallons but not more than 2,500 gallons annually of
hydrocarbon-based solvents used in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 4,500
gallons but not more than 5,000 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(11) $1,500 for a facility that uses (i) more than 500
gallons but not more than 550 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 2,500
gallons but not more than 2,750 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 5,000

gallons but not more than 5,500 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(12) $1,500 for a facility that uses (i) more than 550
gallons but not more than 600 gallons of chlorine-based or
green drycleaning solvents annually, (ii) more than 2,750
gallons but not more than 3,000 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer, or (iii) more than 5,500
gallons but not more than 6,000 gallons annually of
hydrocarbon-based drycleaning solvents in a drycleaning
machine without a solvent reclaimer.
(13) $1,500 for a facility that uses (i) more than 600
gallons of chlorine-based or green drycleaning solvents
annually, (ii) more than 3,000 gallons but not more than
3,250 gallons annually of hydrocarbon-based solvents in a
drycleaning machine equipped with a solvent reclaimer, or
(iii) more than 6,000 gallons of hydrocarbon-based
drycleaning solvents annually in a drycleaning machine
equipped without a solvent reclaimer.
(14) $1,500 for a facility that uses more than 3,250
gallons but not more than 3,500 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer.
(15) $1,500 for a facility that uses more than 3,500
gallons but not more than 3,750 gallons annually of

hydrocarbon-based solvents used in a drycleaning machine
equipped with a solvent reclaimer.
(16) $1,500 for a facility that uses more than 3,750
gallons but not more than 4,000 gallons annually of
hydrocarbon-based solvents in a drycleaning machine
equipped with a solvent reclaimer.
(17) $1,500 for a facility that uses more than 4,000
gallons annually of hydrocarbon-based solvents in a
drycleaning machine equipped with a solvent reclaimer.
For purpose of this subsection, the quantity of drycleaning
solvents used annually shall be determined as follows:
(1) in the case of an initial applicant, the quantity
of drycleaning solvents that the applicant estimates will
be used during his or her initial license year. A fee
assessed under this subdivision is subject to audited
adjustment for that year; or
(2) in the case of a renewal applicant, the quantity of
drycleaning solvents actually purchased in the preceding
license year.
The Council may adjust licensing fees annually based on the
published Consumer Price Index - All Urban Consumers ("CPI-U")
or as otherwise determined by the Council.
(d) A license issued under this Section shall expire one
year after the date of issuance and may be renewed on
reapplication to the Council and submission of proof of payment
of the appropriate fee to the Department of Revenue in

accordance with subsections (c) and (e). At least 30 days
before payment of a renewal licensing fee is due, the Council
shall attempt to:
(1) notify the operator of each licensed drycleaning
facility concerning the requirements of this Section; and
(2) submit a license fee payment form to the licensed
operator of each drycleaning facility.
(e) An operator of a drycleaning facility shall submit the
appropriate application form provided by the Council with the
license fee in the form of cash, credit card, business check,
or guaranteed remittance, or credit card to the Department of
Revenue. The license fee payment form and the actual license
fee payment shall be administered by the Department of Revenue
under rules adopted by that Department.
(f) The Department of Revenue shall issue a proof of
payment receipt to each operator of a drycleaning facility who
has paid the appropriate fee in cash or by guaranteed
remittance, or credit card, or business check. However, the
Department of Revenue shall not issue a proof of payment
receipt to a drycleaning facility that is liable to the
Department of Revenue for a tax imposed under this Act. The
original receipt shall be presented to the Council by the
operator of a drycleaning facility.
(g) (Blank).
(h) The Council and the Department of Revenue may adopt
rules as necessary to administer the licensing requirements of

this Act.
(Source: P.A. 96-774, eff. 1-1-10; 97-332, eff. 8-12-11;
97-377, eff. 1-1-12; revised 10-4-11.)
Section 565. The Facilities Requiring Smoke Detectors Act
is amended by changing Section 1 as follows:
(425 ILCS 10/1) (from Ch. 127 1/2, par. 821)
Sec. 1. For purposes of this Act, unless the context
requires otherwise:
(a) "Facility" means:
(1) Any long-term care facility as defined in Section
1-113 of the Nursing Home Care Act or any facility as
defined in Section 1-113 of the ID/DD Community Care Act or
the Specialized Mental Health Rehabilitation Act, as
amended;
(2) Any community residential alternative as defined
in paragraph (4) of Section 3 of the Community Residential
Alternatives Licensing Act, as amended; and
(3) Any child care facility as defined in Section 2.05
of the Child Care Act of 1969, as amended.
(b) "Approved smoke detector" or "detector" means a smoke
detector of the ionization or photoelectric type which complies
with all the requirements of the rules and regulations of the
Illinois State Fire Marshal.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,

eff. 1-1-12; revised 10-4-11.)
Section 570. The Firearm Owners Identification Card Act is
amended by changing Sections 4 and 8 as follows:
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. (a) Each applicant for a Firearm Owner's
Identification Card must:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Department of State Police, or by electronic means, if
and when made available by the Department of State Police;
and
(2) Submit evidence to the Department of State Police
that:
(i) He or she is 21 years of age or over, or if he
or she is under 21 years of age that he or she has the
written consent of his or her parent or legal guardian
to possess and acquire firearms and firearm ammunition
and that he or she has never been convicted of a
misdemeanor other than a traffic offense or adjudged
delinquent, provided, however, that such parent or
legal guardian is not an individual prohibited from
having a Firearm Owner's Identification Card and files
an affidavit with the Department as prescribed by the
Department stating that he or she is not an individual

prohibited from having a Card;
(ii) He or she has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a mental
institution within the past 5 years and he or she has
not been adjudicated as a mental defective;
(v) He or she is not intellectually disabled;
(vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the
United States;
(vii) He or she is not subject to an existing order
of protection prohibiting him or her from possessing a
firearm;
(viii) He or she has not been convicted within the
past 5 years of battery, assault, aggravated assault,
violation of an order of protection, or a substantially
similar offense in another jurisdiction, in which a
firearm was used or possessed;
(ix) He or she has not been convicted of domestic
battery, aggravated domestic battery, or a
substantially similar offense in another jurisdiction
committed before, on or after January 1, 2012 (the
effective date of Public Act 97-158) this amendatory
Act of the 97th General Assembly;
(x) (Blank);

(xi) He or she is not an alien who has been
admitted to the United States under a non-immigrant
visa (as that term is defined in Section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), or that he or she is an alien who has
been lawfully admitted to the United States under a
non-immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States
Government or the Government's mission to an
international organization having its
headquarters in the United States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a
friendly foreign government entering the United
States on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to
18 U.S.C. 922(y)(3);

(xii) He or she is not a minor subject to a
petition filed under Section 5-520 of the Juvenile
Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that
if committed by an adult would be a felony; and
(xiii) He or she is not an adult who had been
adjudicated a delinquent minor under the Juvenile
Court Act of 1987 for the commission of an offense that
if committed by an adult would be a felony; and
(3) Upon request by the Department of State Police,
sign a release on a form prescribed by the Department of
State Police waiving any right to confidentiality and
requesting the disclosure to the Department of State Police
of limited mental health institution admission information
from another state, the District of Columbia, any other
territory of the United States, or a foreign nation
concerning the applicant for the sole purpose of
determining whether the applicant is or was a patient in a
mental health institution and disqualified because of that
status from receiving a Firearm Owner's Identification
Card. No mental health care or treatment records may be
requested. The information received shall be destroyed
within one year of receipt.
(a-5) Each applicant for a Firearm Owner's Identification
Card who is over the age of 18 shall furnish to the Department
of State Police either his or her driver's license number or

Illinois Identification Card number.
(a-10) Each applicant for a Firearm Owner's Identification
Card, who is employed as an armed security officer at a nuclear
energy, storage, weapons, or development facility regulated by
the Nuclear Regulatory Commission and who is not an Illinois
resident, shall furnish to the Department of State Police his
or her driver's license number or state identification card
number from his or her state of residence. The Department of
State Police may promulgate rules to enforce the provisions of
this subsection (a-10).
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages resulting from the
applicant's use of firearms or firearm ammunition.
(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; revised
10-4-11.)
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. The Department of State Police has authority to
deny an application for or to revoke and seize a Firearm

Owner's Identification Card previously issued under this Act
only if the Department finds that the applicant or the person
to whom such card was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been convicted
of a misdemeanor other than a traffic offense or adjudged
delinquent;
(b) A person under 21 years of age who does not have the
written consent of his parent or guardian to acquire and
possess firearms and firearm ammunition, or whose parent or
guardian has revoked such written consent, or where such parent
or guardian does not qualify to have a Firearm Owner's
Identification Card;
(c) A person convicted of a felony under the laws of this
or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental institution
within the past 5 years or has been adjudicated as a mental
defective;
(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant, any
other person or persons or the community;
For the purposes of this Section, "mental condition" means
a state of mind manifested by violent, suicidal, threatening or
assaultive behavior.
(g) A person who is intellectually disabled;
(h) A person who intentionally makes a false statement in

the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United States
under the laws of the United States;
(i-5) An alien who has been admitted to the United States
under a non-immigrant visa (as that term is defined in Section
101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), except that this subsection (i-5) does not apply
to any alien who has been lawfully admitted to the United
States under a non-immigrant visa if that alien is:
(1) admitted to the United States for lawful hunting or
sporting purposes;
(2) an official representative of a foreign government
who is:
(A) accredited to the United States Government or
the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to which
that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so designated by
the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on official
business; or
(5) one who has received a waiver from the Attorney

General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5 years
of battery, assault, aggravated assault, violation of an order
of protection, or a substantially similar offense in another
jurisdiction, in which a firearm was used or possessed;
(l) A person who has been convicted of domestic battery,
aggravated domestic battery, or a substantially similar
offense in another jurisdiction committed before, on or after
January 1, 2012 (the effective date of Public Act 97-158) this
amendatory Act of the 97th General Assembly;
(m) (Blank);
(n) A person who is prohibited from acquiring or possessing
firearms or firearm ammunition by any Illinois State statute or
by federal law;
(o) A minor subject to a petition filed under Section 5-520
of the Juvenile Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that if
committed by an adult would be a felony; or
(p) An adult who had been adjudicated a delinquent minor
under the Juvenile Court Act of 1987 for the commission of an
offense that if committed by an adult would be a felony.
(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
eff. 1-1-12; revised 10-4-11.)

Section 575. The Illinois Commercial Feed Act of 1961 is
amended by changing Section 14 as follows:
(505 ILCS 30/14) (from Ch. 56 1/2, par. 66.14)
Sec. 14. Constitutionality. If any clause, sentence,
paragraph or part of this Act shall for any reason be adjudged
invalid by any court of competent jurisdiction, such judgment
shall not affect effect, impair or invalidate the remainder
thereof but shall be confined in its operation to the cause,
sentence, paragraph or part thereof directly involved in the
controversy in which such judgement shall have been rendered.
(Source: Laws 1961, p. 2289; revised 11-18-11.)
Section 580. The Illinois Corn Marketing Act is amended by
changing Section 10 as follows:
(505 ILCS 40/10) (from Ch. 5, par. 710)
Sec. 10. The corn marketing program established by this Act
shall remain in effect for 5 years. Thereafter, the program
shall automatically be extended from year to year unless a
referendum for continued approval is required by written
petition of no less than that 10% of the affected producers
from each respective district. The referendum shall be in
accordance with Section 9 of this Act to determine the
continued approval of such corn marketing program.
Continuation or termination shall be determined by the same

voting requirements for adoption of the corn marketing program
set forth in Section 7.
(Source: P.A. 81-189; revised 11-18-11.)
Section 585. The Humane Euthanasia in Animal Shelters Act
is amended by changing Section 65 as follows:
(510 ILCS 72/65)
Sec. 65. Refused issuance, suspension, or revocation of
certification. The Department may refuse to issue, renew, or
restore a certification or may revoke or suspend a
certification, or place on probation, reprimand, impose a fine
not to exceed $10,000 for each violation, or take other
disciplinary or non-disciplinary action as the Department may
deem proper with regard to a certified euthanasia agency or a
certified euthanasia technician for any one or combination of
the following reasons:
(1) in the case of a certified euthanasia technician,
failing to carry out the duties of a euthanasia technician
set forth in this Act or rules adopted under this Act;
(2) abusing the use of any controlled substance or
euthanasia drug;
(3) selling, stealing, or giving controlled substances
or euthanasia drugs away;
(4) abetting anyone in violating item (1) or (2) of
this Section;

(5) violating any provision of this Act, the Illinois
Controlled Substances Act, the Illinois Food, Drug and
Cosmetic Act, the federal Food, Drug, and Cosmetic Act, the
federal Controlled Substances Act, the rules adopted under
these Acts, or any rules adopted by the Department of
Professional Regulation concerning the euthanizing of
animals;
(6) in the case of a euthanasia technician, acting as a
euthanasia technician outside of the scope of his or her
employment with a certified euthanasia agency; and
(7) in the case of a euthanasia technician, being
convicted of or entering a plea of guilty guily or nolo
contendere to any crime that is (i) a felony under the laws
of the United States or any state or territory thereof,
(ii) a misdemeanor under the laws of the United States or
any state or territory an essential element of which is
dishonesty, or (iii) directly related to the practice of
the profession.
(Source: P.A. 96-780, eff. 8-28-09; revised 11-18-11.)
Section 590. The Wildlife Code is amended by changing
Sections 2.33a and 2.37 as follows:
(520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
Sec. 2.33a. Trapping.
(a) It is unlawful to fail to visit and remove all animals

from traps staked out, set, used, tended, placed or maintained
at least once each calendar day.
(b) It is unlawful for any person to place, set, use, or
maintain a leghold trap or one of similar construction on land,
that has a jaw spread of larger than 6 1/2 inches (16.6 CM), or
a body-gripping trap or one of similar construction having a
jaw spread larger than 7 inches (17.8 CM) on a side if square
and 8 inches (20.4 CM) if round. ;
(c) It is unlawful for any person to place, set, use, or
maintain a leghold trap or one of similar construction in
water, that has a jaw spread of larger than 7 1/2 inches (19.1
CM), or a body-gripping trap or one of similar construction
having a jaw spread larger than 10 inches (25.4 CM) on a side
if square and 12 inches (30.5 CM) if round. ;
(d) It is unlawful to use any trap with saw-toothed,
spiked, or toothed jaws. ;
(e) It is unlawful to destroy, disturb or in any manner
interfere with dams, lodges, burrows or feed beds of beaver
while trapping for beaver or to set a trap inside a muskrat
house or beaver lodge, except that this shall not apply to
Drainage Districts who are acting pursuant to the provisions of
Section 2.37. ;
(f) It is unlawful to trap beaver or river otter with: (1)
a leghold trap or one of similar construction having a jaw
spread of less than 5 1/2 inches (13.9 CM) or more than 7 1/2
inches (19.1 CM), or (2) a body-gripping trap or one of similar

construction having a jaw spread of less than 7 inches (17.7
CM) or more than 10 inches (25.4 CM) on a side if square and 12
inches (30.5 CM) if round, except that these restrictions shall
not apply during the open season for trapping raccoons. ;
(g) It is unlawful to set traps closer than 10 feet (3.05
M) from any hole or den which may be occupied by a game mammal
or fur-bearing mammal except that this restriction shall not
apply to water sets.
(h) It is unlawful to trap or attempt to trap any
fur-bearing mammal with any colony, cage, box, or stove-pipe
trap designed to take more than one mammal at a single setting.
(i) It is unlawful for any person to set or place any trap
designed to take any fur-bearing mammal protected by this Act
during the closed trapping season. Proof that any trap was
placed during the closed trapping season shall be deemed prima
facie evidence of a violation of this provision.
(j) It is unlawful to place, set, or maintain any leghold
trap or one of similar construction within thirty (30) feet
(9.14 m) of bait placed in such a manner or position that it is
not completely covered and concealed from sight, except that
this shall not apply to underwater sets. Bait shall mean and
include any bait composed of mammal, bird, or fish flesh, fur,
hide, entrails or feathers.
(k) It shall be unlawful for hunters or trappers to have
the green hides of fur-bearing mammals, protected by this Act,
in their possession except during the open season and for an

additional period of 10 days succeeding such open season.
(l) It is unlawful for any person to place, set, use or
maintain a snare trap or one of similar construction in water,
that has a loop diameter exceeding 15 inches (38.1 CM) or a
cable or wire diameter of more than 1/8 inch (3.2 MM) or less
than 5/64 inch (2.0 MM), that is constructed of stainless steel
metal cable or wire, and that does not have a mechanical lock,
anchor swivel and stop device to prevent the mechanical lock
from closing the noose loop to a diameter of less than 2 1/2
inches (6.4 CM).
(m) It is unlawful to trap muskrat or mink with (1) a
leghold trap or one of similar construction or (2) a
body-gripping trap or one of similar construction unless the
body-gripping trap or similar trap is completely submerged
underwater when set. These restrictions shall not apply during
the open season for trapping raccoons.
(Source: P.A. 97-19, eff. 6-28-11; 97-31, eff. 6-28-11; revised
9-15-11.)
(520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
Sec. 2.37. Authority to kill wildlife responsible for
damage. Subject to federal regulations and Section 3 of the
Illinois Endangered Species Act, the Department may authorize
owners and tenants of lands or their agents to remove or
destroy any wild bird or wild mammal when the wild bird or wild
mammal is known to be destroying property or causing a risk to

human health or safety upon his or her land.
Upon receipt by the Department of information from the
owner, tenant, or sharecropper that any one or more species of
wildlife is damaging dams, levees, ditches, or other property
on the land on which he resides or controls, together with a
statement regarding location of the property damages, the
nature and extent of the damage, and the particular species of
wildlife committing the damage, the Department shall make an
investigation.
If, after investigation, the Department finds that damage
does exist and can be abated only by removing or destroying
that wildlife, a permit shall be issued by the Department to
remove or destroy the species responsible for causing the
damage.
A permit to control the damage shall be for a period of up
to 90 days, shall specify the means and methods by which and
the person or persons by whom the wildlife may be removed or
destroyed, and shall set forth the disposition procedure to be
made of all wildlife taken and other restrictions the Director
considers necessary and appropriate in the circumstances of the
particular case. Whenever possible, the specimens destroyed
shall be given to a bona-fide public or State scientific,
educational, or zoological institution.
The permittee shall advise the Department in writing,
within 10 days after the expiration date of the permit, of the
number of individual species of wildlife taken, disposition

made of them, and any other information which the Department
may consider necessary.
Subject to federal regulations and Section 3 of the
Illinois Endangered Species Act, the Department may grant to an
individual, corporation, association or a governmental body
the authority to control species protected by this Code. The
Department shall set forth applicable regulations in an
Administrative Order and may require periodic reports listing
species taken, numbers of each species taken, dates when taken,
and other pertinent information.
Drainage Districts shall have the authority to control
beaver provided that they must notify the Department in writing
that a problem exists and of their intention to trap the
animals at least 7 days before the trapping begins. The
District must identify traps used in beaver control outside the
dates of the furbearer trapping season with metal tags with the
district's name legibly inscribed upon them. During the
furtrapping season, traps must be identified as prescribed by
law. Conibear traps at least size 330 shall be used except
during the statewide furbearer trapping season. During that
time trappers may use any device that is legal according to the
Wildlife Code. Except during the statewide furbearer trapping
season, beaver traps must be set in water at least 10 inches
deep. Except during the statewide furbearer trapping season,
traps must be set within 10 feet of an inhabited bank burrow or
house and within 10 feet of a dam maintained by a beaver. No

beaver or other furbearer taken outside of the dates for the
furbearer trapping season may be sold. All animals must be
given to the nearest conservation officer or other Department
of Natural Resources representative within 48 hours after they
are caught. Furbearers taken during the fur trapping season may
be sold provided that they are taken by persons who have valid
trapping licenses in their possession and are lawfully taken.
The District must submit an annual report showing the species
and numbers of animals caught. The report must indicate all
species which were taken.
(Source: P.A. 91-654, eff. 12-15-99; revised 11-18-11.)
Section 595. The Illinois Highway Code is amended by
changing Sections 9-119.5 and 9-119.6 as follows:
(605 ILCS 5/9-119.5)
Sec. 9-119.5. Hay harvesting permit.
(a) The Department may issue a hay harvesting permit
authorizing the mowing and harvesting of hay on a specified
right-of-way in this State. An owner or owner's designee has
priority until July 30 of each year to receive a permit for the
portion of right-of-way that is adjacent to the owner's land.
After July 30 of each year, a permit may be issued to an
applicant that is not the owner of the land adjacent to the
right-of-way for a maximum distance of 5 miles each year. A
permit issued under this subsection may be valid from July 15

of each year until September 15 of each year, and the
Department must include the timeframe that the permit is valid
on every permit issued under this subsection. Commencement of
harvesting activity notice instructions must be included on
every permit under this subsection in accordance with paragraph
(1) of subsection (c) of this Section. The non-refundable
application fee for every permit under this subsection is $40,
and all fees collected by the Department shall be deposited
into the Road Fund.
(b) An applicant for a permit in subsection (a) must:
(1) sign a release acknowledging that the applicant (i)
assumes all risk for the quality of the hay harvested under
the permit, (ii) assumes all liability for accidents or
injury that results from the activities permitted by the
Department, (iii) is liable for any damage to the
right-of-way described in paragraphs (5) and (6) of
subsection (c), and (iv) understands that the State or any
instrumentality thereof assumes no risk or liability for
the activities permitted by the Department;
(2) demonstrate proof that a liability insurance
policy in the amount of not less than $1,000,000 is in
force to cover any accident, damage, or loss that may occur
to persons or property as a result of the activities
permitted by the Department; and
(3) pay a non-refundable application fee of $40.
(c) The usage of a permit in subsection (a) is subject to

the following limitations:
(1) The permittee must give the Department 48 hours
notice prior to commencing any activities permitted by the
Department;
(2) The permittee must identify the location of noxious
weeds pursuant to the Noxious Weed Law. Noxious weeds may
be mowed but may not be windrowed or baled;
(3) The permittee may use the permit only during the
timeframes specified on the permit;
(4) The permittee must carry a copy of the permit at
all times while performing the activities permitted by the
Department;
(5) The permittee may use the permit only when soil in
the right-of-way is dry enough to prevent rutting or other
similar type of damage to the right-of-way; and
(6) The permittee permitee may not alter, damage, or
remove any right-of-way markers, land monuments, fences,
signs, trees, shrubbery or similar landscape vegetation,
or other highway features or structures.
(d) The Department may immediately terminate a permit in
subsection (a) issued to a permittee for failure to comply with
the use limitations of subsection (c).
(e) The Department or the permittee may cancel the permit
at any time upon 3 days written notice.
(f) The Department may promulgate rules for the
administration of this Section.

(Source: P.A. 96-415, eff. 8-13-09; revised 11-21-11.)
(605 ILCS 5/9-119.6)
Sec. 9-119.6. Switchgrass production permit.
(a) The Department may issue a switchgrass production
permit authorizing the planting and harvesting of switchgrass
on a specified right-of-way in this State. An owner or owner's
designee has priority until March 1 of each year to receive a
permit for the portion of right-of-way that is adjacent to the
owner's land and for which no permit is in effect. After March
1 of each year, a permit may be issued to an applicant that is
not the owner of the land adjacent to the right-of-way for a
maximum distance of 5 miles. A permit issued under this
subsection may be valid for a period of 5 years, and the
Department must include the timeframe that the permit is valid
on every permit issued under this subsection. Commencement of
harvesting activity notice instructions must be included on
every permit under this subsection in accordance with paragraph
(1) of subsection (c) of this Section. The non-refundable
application fee for every permit under this subsection is $200,
and all fees collected by the Department shall be deposited
into the Road Fund.
(b) An applicant for a permit in subsection (a) must:
(1) sign a release acknowledging that the applicant (i)
assumes all risk for the quality of the switchgrass
produced under the permit, (ii) assumes all liability for

accidents or injury that results from the activities
permitted by the Department, (iii) is liable for any damage
to the right-of-way described in paragraphs (3) and (4) of
subsection (c), and (iv) understands that the State or any
instrumentality thereof assumes no risk or liability for
the activities permitted by the Department;
(2) demonstrate proof that a liability insurance
policy in the amount of not less than $1,000,000 is in
force to cover any accident, damage, or loss that may occur
to persons or property as a result of the activities
permitted by the Department; and
(3) pay a non-refundable application fee of $200.
(c) The usage of a permit in subsection (a) is subject to
the following limitations:
(1) The permittee must give the Department 48 hours
notice prior to commencing any activities permitted by the
Department;
(2) The permittee must carry a copy of the permit at
all times while performing the activities permitted by the
Department;
(3) The permittee may use the permit only when soil in
the right-of-way is dry enough to prevent rutting or other
similar type of damage to the right-of-way; and
(4) The permittee permitee may not alter, damage, or
remove any right-of-way markers, land monuments, fences,
signs, trees, shrubbery or similar landscape vegetation,

or other highway features or structures.
(d) The Department may immediately terminate a permit in
subsection (a) issued to a permittee for failure to comply with
the use limitations of subsection (c).
(e) The Department or the permittee may cancel the permit
at any time upon 3 days written notice.
(f) The Department may promulgate rules for the
administration of this Section.
(Source: P.A. 97-134, eff. 1-1-12; revised 10-4-11.)
Section 600. The O'Hare Modernization Act is amended by
changing Section 25 as follows:
(620 ILCS 65/25)
Sec. 25. Jurisdiction over airport property. Airport
property shall not be subject to the the laws of any unit of
local government except as provided by ordinance of the City.
Plans of all public agencies that may affect the O'Hare
Modernization Program shall be consistent with the O'Hare
Modernization Program, and to the extent that any plan of any
public agency or unit or division of State or local government
is inconsistent with the O'Hare Modernization Program, that
plan is and shall be void and of no effect.
(Source: P.A. 93-450, eff. 8-6-03; revised 11-21-11.)
Section 605. The Illinois Vehicle Code is amended by

changing Sections 3-651, 6-201, 6-206.1, 6-507, 11-212,
11-501.2, 11-1505, 12-215, 13-101, 13C-15, 15-301, 18a-405,
and 18a-407 and by setting forth and renumbering multiple
versions of Sections 3-694 and 3-696 as follows:
(625 ILCS 5/3-651)
Sec. 3-651. U.S. Marine Corps 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 special registration plates designated as U.S. Marine
Corps license plates to residents of Illinois who meet
eligibility requirements prescribed by the Secretary of State.
The special plate issued under this Section shall be affixed
only to passenger vehicles of the first division, motorcycles,
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 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, except
that the U.S. Marine Corps emblem shall appear on the plates.
The Secretary may, in his or her discretion, allow the plates
to be issued as vanity or personalized plates in accordance
with Section 3-405.1 of this Code. The 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 $5 fee for original
issuance in addition to the applicable registration fee. This
additional fee shall be deposited into the Marine Corps
Scholarship Fund. For each registration renewal period, an $18
fee, in addition to the appropriate registration fee, shall be
charged. This additional fee shall be deposited into the Marine
Corps Scholarship Fund.
(d) The Marine Corps Scholarship Fund is created as a
special fund in the State treasury. All moneys in the Marine
Corps Scholarship Fund shall, subject to appropriation by the
General Assembly and distribution by the Secretary, be used by
the Marine Corps Scholarship Foundation, Inc., a recognized
charitable organization that meets the requirements of Title
26, Section 501(c)(3) of the United States Code, to provide
grants for scholarships for higher education. The scholarship
recipients must be the children of current or former members of
the United States Marine Corps who meet the academic,
financial, and other requirements established by the Marine
Corps Scholarship Foundation. In addition, the recipients must
be Illinois residents and must attend a college or university
located within the State of Illinois.

(Source: P.A. 97-306, eff. 1-1-12; 97-409; eff. 1-1-12; revised
10-4-11.)
(625 ILCS 5/3-694)
Sec. 3-694. 4-H license plates.
(a) The Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue special registration plates designated as 4-H license
plates. The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division and
motor vehicles of the second division weighing not more than
8,000 pounds. Plates issued under this Section shall expire
according to the multi-year procedure established by Section
3-414.1 of this Code.
(b) The design and color of the plates is wholly within the
discretion of the Secretary of State. 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
4-H 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 $12 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $10 shall be deposited into the 4-H Fund and $2
shall be deposited into the Secretary of State Special License
Plate Fund.
(d) The 4-H Fund is created as a special fund in the State
treasury. All money in the 4-H Fund shall be paid, subject to
appropriation by the General Assembly and distribution by the
Secretary of State, as grants to the Illinois 4-H Foundation, a
tax exempt entity under Section 501(c)(3) of the Internal
Revenue Code, for the funding of 4-H programs in Illinois.
(Source: P.A. 96-1449, eff. 1-1-11; 97-333, eff. 8-12-11;
97-409, eff. 1-1-12.)
(625 ILCS 5/3-696)
Sec. 3-696. Corporate-sponsored license plate study. The
Secretary of State shall complete a feasibility study for the
implementation of a program for corporate-sponsored license
plates. The study shall include, but not be limited to,
findings on how to maximize profits to the State, how to
provide for a discounted registration fee for Illinois
residents who display a corporate-sponsored license plate;
public interest in such a program; and the cost to the State
for implementation of such a program. The Secretary of State

shall report the findings of the feasibility study to the
General Assembly no later than January 1, 2012.
(Source: P.A. 97-221, eff. 7-28-11.)
(625 ILCS 5/3-697)
Sec. 3-697 3-694. Chicago Police Memorial Foundation
license plates.
(a) The Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue special registration plates designated as Chicago Police
Memorial Foundation license plates to active or retired law
enforcement officers and their family members, surviving
family members of deceased law enforcement officers, and
members of or donors to the Chicago Police Memorial Foundation.
The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division or
motor vehicles of the second division weighing not more than
8,000 pounds.
Plates issued under this Section shall expire according to
the multi-year procedure established by Section 3-414.1 of this
Code.
(b) The design and color of the plates is wholly within the
discretion of the Secretary. The Secretary may allow the plates
to be issued as vanity plates or personalized under Section
3-405.1 of the Code. Appropriate documentation, as determined
by the Secretary, shall accompany each application. The

Secretary shall prescribe stickers or decals as provided under
Section 3-412 of this Code.
(c) An applicant for the special plate shall be charged a
$25 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $10 shall be deposited into the
Chicago Police Memorial Foundation Fund and $15 shall be
deposited into the Secretary of State Special License Plate
Fund, to be used by the Secretary to help defray the
administrative processing costs.
For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $23 shall be deposited into the Chicago Police
Memorial Foundation Fund and $2 shall be deposited into the
Secretary of State Special License Plate Fund.
(d) The Chicago Police Memorial Foundation Fund is created
as a special fund in the State treasury. All moneys in the
Chicago Police Memorial Foundation Fund shall be paid, subject
to appropriation by the General Assembly and approval by the
Secretary, as grants to the Chicago Police Memorial Foundation
for maintenance of a memorial and park, holding an annual
memorial commemoration, giving scholarships to children of
police officers killed or catastrophically injured in the line
of duty, providing financial assistance to police officers and
their families when a police officer is killed or injured in
the line of duty, and paying the insurance premiums for police
officers who are terminally ill.

(Source: P.A. 96-1547, eff. 3-10-11; revised 10-6-11.)
(625 ILCS 5/3-698)
Sec. 3-698 3-696. U.S. Air Force License Plates.
(a) The Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary of
State, may issue special registration plates designated as U.S.
Air Force license plates to residents of Illinois who meet
eligibility requirements prescribed by the Secretary of State.
The special plate 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, color, and format of the plates shall be
wholly within the discretion of the Secretary of State, except
that the U.S. Air Force emblem shall appear on the plates. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity or personalized plates in accordance with
Section 3-405.1 of this Code. The 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 $20 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 $5 shall be deposited
into the Octave Chanute Aerospace Heritage Fund. For each
registration renewal period, a $20 fee, in addition to the
appropriate registration fee, shall be charged. Of this
additional fee, $2 shall be deposited into the Secretary of
State Special License Plate Fund and $18 shall be deposited
into the Octave Chanute Aerospace Heritage Fund.
(d) The Octave Chanute Aerospace Heritage Fund is created
as a special fund in the State treasury. All moneys in the
Octave Chanute Aerospace Heritage Fund shall be paid, subject
to appropriation by the General Assembly and approval by the
Secretary, as grants to the Octave Chanute Aerospace Heritage
Foundation of Illinois for operational and program expenses of
the Chanute Air Museum.
(Source: P.A. 97-243, eff. 8-4-11; revised 10-6-11.)
(625 ILCS 5/6-201)
Sec. 6-201. Authority to cancel licenses and permits.
(a) The Secretary of State is authorized to cancel any
license or permit upon determining that the holder thereof:
1. was not entitled to the issuance thereof hereunder;
or

2. failed to give the required or correct information
in his application; or
3. failed to pay any fees, civil penalties owed to the
Illinois Commerce Commission, or taxes due under this Act
and upon reasonable notice and demand; or
4. committed any fraud in the making of such
application; or
5. is ineligible therefor under the provisions of
Section 6-103 of this Act, as amended; or
6. has refused or neglected to submit an alcohol, drug,
and intoxicating compound evaluation or to submit to
examination or re-examination as required under this Act;
or
7. has been convicted of violating the Cannabis Control
Act, the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or
the Use of Intoxicating Compounds Act while that individual
was in actual physical control of a motor vehicle. For
purposes of this Section, any person placed on probation
under Section 10 of the Cannabis Control Act, Section 410
of the Illinois Controlled Substances Act, or Section 70 of
the Methamphetamine Control and Community Protection Act
shall not be considered convicted. Any person found guilty
of this offense, while in actual physical control of a
motor vehicle, shall have an entry made in the court record
by the judge that this offense did occur while the person

was in actual physical control of a motor vehicle and order
the clerk of the court to report the violation to the
Secretary of State as such. After the cancellation, the
Secretary of State shall not issue a new license or permit
for a period of one year after the date of cancellation.
However, upon application, the Secretary of State may, if
satisfied that the person applying will not endanger the
public safety, or welfare, issue a restricted driving
permit granting the privilege of driving a motor vehicle
between the petitioner's residence and petitioner's place
of employment or within the scope of the petitioner's
employment related duties, or to allow transportation for
the petitioner or a household member of the petitioner's
family for the receipt of necessary medical care, or
provide transportation for the petitioner to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or for the
petitioner to attend classes, as a student, in an
accredited educational institution. The petitioner must
demonstrate that no alternative means of transportation is
reasonably available; provided that the Secretary's
discretion shall be limited to cases where undue hardship,
as defined by the rules of the Secretary of State, would
result from a failure to issue such restricted driving
permit. In each case the Secretary of State may issue such
restricted driving permit for such period as he deems

appropriate, except that such permit shall expire within
one year from the date of issuance. A restricted driving
permit issued hereunder shall be subject to cancellation,
revocation and suspension by the Secretary of State in like
manner and for like cause as a driver's license issued
hereunder may be cancelled, revoked or suspended; except
that a conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension or
cancellation of a restricted driving permit. The Secretary
of State may, as a condition to the issuance of a
restricted driving permit, require the applicant to
participate in a driver remedial or rehabilitative
program. In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding
a CDL whose driving privileges have been revoked,
suspended, cancelled, or disqualified under this Code; or
8. failed to submit a report as required by Section
6-116.5 of this Code; or
9. has been convicted of a sex offense as defined in
the Sex Offender Registration Act. The driver's license
shall remain cancelled until the driver registers as a sex
offender as required by the Sex Offender Registration Act,
proof of the registration is furnished to the Secretary of
State and the sex offender provides proof of current

address to the Secretary; or
10. is ineligible for a license or permit under Section
6-107, 6-107.1, or 6-108 of this Code; or
11. refused or neglected to appear at a Driver Services
facility to have the license or permit corrected and a new
license or permit issued or to present documentation for
verification of identity; or
12. failed to submit a medical examiner's certificate
or medical variance as required by 49 C.F.R. 383.71 or
submitted a fraudulent medical examiner's certificate or
medical variance.
(b) Upon such cancellation the licensee or permittee must
surrender the license or permit so cancelled to the Secretary
of State.
(c) Except as provided in Sections 6-206.1 and 7-702.1, the
Secretary of State shall have exclusive authority to grant,
issue, deny, cancel, suspend and revoke driving privileges,
drivers' licenses and restricted driving permits.
(d) The Secretary of State may adopt rules to implement
this Section.
(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
revised 10-4-11.)
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
Sec. 6-206.1. Monitoring Device Driving Permit.
Declaration of Policy. It is hereby declared a policy of the

State of Illinois that the driver who is impaired by alcohol,
other drug or drugs, or intoxicating compound or compounds is a
threat to the public safety and welfare. Therefore, to provide
a deterrent to such practice, a statutory summary driver's
license suspension is appropriate. It is also recognized that
driving is a privilege and therefore, that the granting of
driving privileges, in a manner consistent with public safety,
is warranted during the period of suspension in the form of a
monitoring device driving permit. A person who drives and fails
to comply with the requirements of the monitoring device
driving permit commits a violation of Section 6-303 of this
Code.
The following procedures shall apply whenever a first
offender, as defined in Section 11-500 of this Code, is
arrested for any offense as defined in Section 11-501 or a
similar provision of a local ordinance and is subject to the
provisions of Section 11-501.1:
(a) Upon mailing of the notice of suspension of driving
privileges as provided in subsection (h) of Section 11-501.1 of
this Code, the Secretary shall also send written notice
informing the person that he or she will be issued a monitoring
device driving permit (MDDP). The notice shall include, at
minimum, information summarizing the procedure to be followed
for issuance of the MDDP, installation of the breath alcohol
ignition installation device (BAIID), as provided in this
Section, exemption from BAIID installation requirements, and

procedures to be followed by those seeking indigent status, as
provided in this Section. The notice shall also include
information summarizing the procedure to be followed if the
person wishes to decline issuance of the MDDP. A copy of the
notice shall also be sent to the court of venue together with
the notice of suspension of driving privileges, as provided in
subsection (h) of Section 11-501. However, a MDDP shall not be
issued if the Secretary finds that:
(1) The offender's driver's license is otherwise
invalid;
(2) Death or great bodily harm resulted from the arrest
for Section 11-501;
(3) The offender has been previously convicted of
reckless homicide or aggravated driving under the
influence involving death; or
(4) The offender is less than 18 years of age.
Any offender participating in the MDDP program must pay the
Secretary a MDDP Administration Fee in an amount not to exceed
$30 per month, to be deposited into the Monitoring Device
Driving Permit Administration Fee Fund. The Secretary shall
establish by rule the amount and the procedures, terms, and
conditions relating to these fees. The offender must have an
ignition interlock device installed within 14 days of the date
the Secretary issues the MDDP. The ignition interlock device
provider must notify the Secretary, in a manner and form
prescribed by the Secretary, of the installation. If the

Secretary does not receive notice of installation, the
Secretary shall cancel the MDDP.
A MDDP shall not become effective prior to the 31st day of
the original statutory summary suspension.
Upon receipt of the notice, as provided in paragraph (a) of
this Section, the person may file a petition to decline
issuance of the MDDP with the court of venue. The court shall
admonish the offender of all consequences of declining issuance
of the MDDP including, but not limited to, the enhanced
penalties for driving while suspended. After being so
admonished, the offender shall be permitted, in writing, to
execute a notice declining issuance of the MDDP. This notice
shall be filed with the court and forwarded by the clerk of the
court to the Secretary. The offender may, at any time
thereafter, apply to the Secretary for issuance of a MDDP.
(a-1) A person issued a MDDP may drive for any purpose and
at any time, subject to the rules adopted by the Secretary
under subsection (g). The person must, at his or her own
expense, drive only vehicles equipped with an ignition
interlock device as defined in Section 1-129.1, but in no event
shall such person drive a commercial motor vehicle.
(a-2) Persons who are issued a MDDP and must drive
employer-owned vehicles in the course of their employment
duties may seek permission to drive an employer-owned vehicle
that does not have an ignition interlock device. The employer
shall provide to the Secretary a form, as prescribed by the

Secretary, completed by the employer verifying that the
employee must drive an employer-owned vehicle in the course of
employment. If approved by the Secretary, the form must be in
the driver's possession while operating an employer-owner
vehicle not equipped with an ignition interlock device. No
person may use this exemption to drive a school bus, school
vehicle, or a vehicle designed to transport more than 15
passengers. No person may use this exemption to drive an
employer-owned motor vehicle that is owned by an entity that is
wholly or partially owned by the person holding the MDDP, or by
a family member of the person holding the MDDP. No person may
use this exemption to drive an employer-owned vehicle that is
made available to the employee for personal use. No person may
drive the exempted vehicle more than 12 hours per day, 6 days
per week.
(a-3) Persons who are issued a MDDP and who must drive a
farm tractor to and from a farm, within 50 air miles from the
originating farm are exempt from installation of a BAIID on the
farm tractor, so long as the farm tractor is being used for the
exclusive purpose of conducting farm operations.
(b) (Blank).
(c) (Blank).
(c-1) If the holder of the MDDP is convicted of or receives
court supervision for a violation of Section 6-206.2, 6-303,
11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
provision of a local ordinance or a similar out-of-state

offense or is convicted of or receives court supervision for
any offense for which alcohol or drugs is an element of the
offense and in which a motor vehicle was involved (for an
arrest other than the one for which the MDDP is issued), or
de-installs the BAIID without prior authorization from the
Secretary, the MDDP shall be cancelled.
(c-5) If the Secretary determines that the person seeking
the MDDP is indigent, the Secretary shall provide the person
with a written document as evidence of that determination, and
the person shall provide that written document to an ignition
interlock device provider. The provider shall install an
ignition interlock device on that person's vehicle without
charge to the person, and seek reimbursement from the Indigent
BAIID Fund. If the Secretary has deemed an offender indigent,
the BAIID provider shall also provide the normal monthly
monitoring services and the de-installation without charge to
the offender and seek reimbursement from the Indigent BAIID
Fund. Any other monetary charges, such as a lockout fee or
reset fee, shall be the responsibility of the MDDP holder. A
BAIID provider may not seek a security deposit from the
Indigent BAIID Fund.
(d) MDDP information shall be available only to the courts,
police officers, and the Secretary, except during the actual
period the MDDP is valid, during which time it shall be a
public record.
(e) (Blank).

(f) (Blank).
(g) The Secretary shall adopt rules for implementing this
Section. The rules adopted shall address issues including, but
not limited to: compliance with the requirements of the MDDP;
methods for determining compliance with those requirements;
the consequences of noncompliance with those requirements;
what constitutes a violation of the MDDP; methods for
determining indigency; and the duties of a person or entity
that supplies the ignition interlock device.
(h) The rules adopted under subsection (g) shall provide,
at a minimum, that the person is not in compliance with the
requirements of the MDDP if he or she:
(1) tampers or attempts to tamper with or circumvent
the proper operation of the ignition interlock device;
(2) provides valid breath samples that register blood
alcohol levels in excess of the number of times allowed
under the rules;
(3) fails to provide evidence sufficient to satisfy the
Secretary that the ignition interlock device has been
installed in the designated vehicle or vehicles; or
(4) fails to follow any other applicable rules adopted
by the Secretary.
(i) Any person or entity that supplies an ignition
interlock device as provided under this Section shall, in
addition to supplying only those devices which fully comply
with all the rules adopted under subsection (g), provide the

Secretary, within 7 days of inspection, all monitoring reports
of each person who has had an ignition interlock device
installed. These reports shall be furnished in a manner or form
as prescribed by the Secretary.
(j) Upon making a determination that a violation of the
requirements of the MDDP has occurred, the Secretary shall
extend the summary suspension period for an additional 3 months
beyond the originally imposed summary suspension period,
during which time the person shall only be allowed to drive
vehicles equipped with an ignition interlock device; provided
further there are no limitations on the total number of times
the summary suspension may be extended. The Secretary may,
however, limit the number of extensions imposed for violations
occurring during any one monitoring period, as set forth by
rule. Any person whose summary suspension is extended pursuant
to this Section shall have the right to contest the extension
through a hearing with the Secretary, pursuant to Section 2-118
of this Code. If the summary suspension has already terminated
prior to the Secretary receiving the monitoring report that
shows a violation, the Secretary shall be authorized to suspend
the person's driving privileges for 3 months, provided that the
Secretary may, by rule, limit the number of suspensions to be
entered pursuant to this paragraph for violations occurring
during any one monitoring period. Any person whose license is
suspended pursuant to this paragraph, after the summary
suspension had already terminated, shall have the right to

contest the suspension through a hearing with the Secretary,
pursuant to Section 2-118 of this Code. The only permit the
person shall be eligible for during this new suspension period
is a MDDP.
(k) A person who has had his or her summary suspension
extended for the third time, or has any combination of 3
extensions and new suspensions, entered as a result of a
violation that occurred while holding the MDDP, so long as the
extensions and new suspensions relate to the same summary
suspension, shall have his or her vehicle impounded for a
period of 30 days, at the person's own expense. A person who
has his or her summary suspension extended for the fourth time,
or has any combination of 4 extensions and new suspensions,
entered as a result of a violation that occurred while holding
the MDDP, so long as the extensions and new suspensions relate
to the same summary suspension, shall have his or her vehicle
subject to seizure and forfeiture. The Secretary shall notify
the prosecuting authority of any third or fourth extensions or
new suspension entered as a result of a violation that occurred
while the person held a MDDP. Upon receipt of the notification,
the prosecuting authority shall impound or forfeit the vehicle.
The impoundment or forfeiture of a vehicle shall be conducted
pursuant to the procedure specified in Article 36 of the
Criminal Code of 1961.
(l) A person whose driving privileges have been suspended
under Section 11-501.1 of this Code and who had a MDDP that was

cancelled, or would have been cancelled had notification of a
violation been received prior to expiration of the MDDP,
pursuant to subsection (c-1) of this Section, shall not be
eligible for reinstatement when the summary suspension is
scheduled to terminate. Instead, the person's driving
privileges shall be suspended for a period of not less than
twice the original summary suspension period, or for the length
of any extensions entered under subsection (j), whichever is
longer. During the period of suspension, the person shall be
eligible only to apply for a restricted driving permit. If a
restricted driving permit is granted, the offender may only
operate vehicles equipped with a BAIID in accordance with this
Section.
(m) Any person or entity that supplies an ignition
interlock device under this Section shall, for each ignition
interlock device installed, pay 5% of the total gross revenue
received for the device, including monthly monitoring fees,
into the Indigent BAIID Fund. This 5% shall be clearly
indicated as a separate surcharge on each invoice that is
issued. The Secretary shall conduct an annual review of the
fund to determine whether the surcharge is sufficient to
provide for indigent users. The Secretary may increase or
decrease this surcharge requirement as needed.
(n) Any person or entity that supplies an ignition
interlock device under this Section that is requested to
provide an ignition interlock device to a person who presents

written documentation of indigency from the Secretary, as
provided in subsection (c-5) of this Section, shall install the
device on the person's vehicle without charge to the person and
shall seek reimbursement from the Indigent BAIID Fund.
(o) The Indigent BAIID Fund is created as a special fund in
the State treasury. The Secretary shall, subject to
appropriation by the General Assembly, use all money in the
Indigent BAIID Fund to reimburse ignition interlock device
providers who have installed devices in vehicles of indigent
persons. The Secretary shall make payments to such providers
every 3 months. If the amount of money in the fund at the time
payments are made is not sufficient to pay all requests for
reimbursement submitted during that 3 month period, the
Secretary shall make payments on a pro-rata basis, and those
payments shall be considered payment in full for the requests
submitted.
(p) The Monitoring Device Driving Permit Administration
Fee Fund is created as a special fund in the State treasury.
The Secretary shall, subject to appropriation by the General
Assembly, use the money paid into this fund to offset its
administrative costs for administering MDDPs.
(q) The Secretary is authorized to prescribe such forms as
it deems necessary to carry out the provisions of this Section.
(Source: P.A. 96-184, eff. 8-10-09; 96-1526, eff. 2-14-11;
97-229; eff. 7-28-11; revised 10-4-11.)

(625 ILCS 5/6-507) (from Ch. 95 1/2, par. 6-507)
Sec. 6-507. Commercial Driver's License (CDL) Required.
(a) Except as expressly permitted by this UCDLA, or when
driving pursuant to the issuance of a commercial driver
instruction permit and accompanied by the holder of a CDL valid
for the vehicle being driven; no person shall drive a
commercial motor vehicle on the highways without:
(1) a CDL in the driver's possession;
(2) having obtained a CDL;
(3) the proper class of CDL or endorsements or both for
the specific vehicle group being operated or for the
passengers or type of cargo being transported; or
(4) a copy of a medical variance document, if one
exists, such as an exemption letter or a skill performance
evaluation certificate.
(b) Except as otherwise provided by this Code, no person
may drive a commercial motor vehicle on the highways while such
person's driving privilege, license, or permit is:
(1) Suspended, revoked, cancelled, or subject to
disqualification. Any person convicted of violating this
provision or a similar provision of this or any other state
shall have their driving privileges revoked under
paragraph 12 of subsection (a) of Section 6-205 of this
Code.
(2) Subject to or in violation of an "out-of-service"
order. Any person who has been issued a CDL and is

convicted of violating this provision or a similar
provision of any other state shall be disqualified from
operating a commercial motor vehicle under subsection (i)
of Section 6-514 of this Code.
(3) Subject to or in violation of a driver or vehicle
"out of service" order while operating a vehicle designed
to transport 16 or more passengers, including the driver,
or transporting hazardous materials required to be
placarded. Any person who has been issued a CDL and is
convicted of violating this provision or a similar
provision of this or any other state shall be disqualified
from operating a commercial motor vehicle under subsection
(i) of Section 6-514 of this Code.
(b-3) Except as otherwise provided by this Code, no person
may drive a commercial motor vehicle on the highways during a
period which the commercial motor vehicle or the motor carrier
operation is subject to an "out-of-service" order. Any person
who is convicted of violating this provision or a similar
provision of any other state shall be disqualified from
operating a commercial motor vehicle under subsection (i) of
Section 6-514 of this Code.
(b-5) Except as otherwise provided by this Code, no person
may operate a vehicle designed to transport 16 or more
passengers including the driver or hazardous materials of a
type or quantity that requires the vehicle to be placarded
during a period in which the commercial motor vehicle or the

motor carrier operation is subject to an "out-of-service"
order. Any person who is convicted of violating this provision
or a similar provision of any other state shall be disqualified
from operating a commercial motor vehicle under subsection (i)
of Section 6-514 of this Code.
(c) Pursuant to the options provided to the States by FHWA
Docket No. MC-88-8, the driver of any motor vehicle controlled
or operated by or for a farmer is waived from the requirements
of this Section, when such motor vehicle is being used to
transport: agricultural products; implements of husbandry; or
farm supplies; to and from a farm, as long as such movement is
not over 150 air miles from the originating farm. This waiver
does not apply to the driver of any motor vehicle being used in
a common or contract carrier type operation. However, for those
drivers of any truck-tractor semitrailer combination or
combinations registered under subsection (c) of Section 3-815
of this Code, this waiver shall apply only when the driver is a
farmer or a member of the farmer's family and the driver is 21
years of age or more and has successfully completed any tests
the Secretary of State deems necessary.
In addition, the farmer or a member of the farmer's family
who operates a truck-tractor semitrailer combination or
combinations pursuant to this waiver shall be granted all of
the rights and shall be subject to all of the duties and
restrictions with respect to Sections 6-514 and 6-515 of this
Code applicable to the driver who possesses a commercial

driver's license issued under this Code, except that the driver
shall not be subject to any additional duties or restrictions
contained in Part 382 of the Federal Motor Carrier Safety
Regulations that are not otherwise imposed under Section 6-514
or 6-515 of this Code.
For purposes of this subsection (c), a member of the
farmer's family is a natural or in-law spouse, child, parent,
or sibling.
(c-5) An employee of a township or road district with a
population of less than 3,000 operating a vehicle within the
boundaries of the township or road district for the purpose of
removing snow or ice from a roadway by plowing, sanding, or
salting is waived from the requirements of this Section when
the employee is needed to operate the vehicle because the
employee of the township or road district who ordinarily
operates the vehicle and who has a commercial driver's license
is unable to operate the vehicle or is in need of additional
assistance due to a snow emergency.
(c-10) A driver of a commercial motor vehicle used
primarily in the transportation of propane winter heating fuel
or a driver of a motor vehicle used to respond to a pipeline
emergency is waived from the requirements of this Section if
such requirements would prevent the driver from responding to
an emergency condition requiring immediate response as defined
in 49 C.F.R. Part 390.5.
(d) Any person convicted of violating this Section, shall

be guilty of a Class A misdemeanor.
(e) Any person convicted of violating paragraph (1) of
subsection (b) of this Section, shall have all driving
privileges revoked by the Secretary of State.
(f) This Section shall not apply to:
(1) A person who currently holds a valid Illinois
driver's license, for the type of vehicle being operated,
until the expiration of such license or April 1, 1992,
whichever is earlier; or
(2) A non-Illinois domiciliary who is properly
licensed in another State, until April 1, 1992. A
non-Illinois domiciliary, if such domiciliary is properly
licensed in another State or foreign jurisdiction, until
April 1, 1992.
(Source: P.A. 96-544, eff. 1-1-10; 97-208, eff. 1-1-12; 97-229,
eff. 7-28-11; revised 10-4-11.)
(625 ILCS 5/11-212)
(Text of Section before amendment by P.A. 97-469)
Sec. 11-212. Traffic stop statistical study.
(a) Whenever a State or local law enforcement officer
issues a uniform traffic citation or warning citation for an
alleged violation of the Illinois Vehicle Code, he or she shall
record at least the following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person stopped;

the person's race shall be selected from the following
list: American Indian or Alaska Native, Asian, Black or
African American, Hispanic or Latino, Native Hawaiian or
Other Pacific Islander, or White;
(2) the alleged traffic violation that led to the stop
of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
vehicle was stopped and ending when the driver is free to
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was
given or denied;
(6) whether or not a search contemporaneous to the stop
was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means;
(6.5) whether or not contraband was found during a
search; and, if so, the type and amount of contraband
seized; and
(7) the name and badge number of the issuing officer.
(b) Whenever a State or local law enforcement officer stops
a motorist for an alleged violation of the Illinois Vehicle
Code and does not issue a uniform traffic citation or warning

citation for an alleged violation of the Illinois Vehicle Code,
he or she shall complete a uniform stop card, which includes
field contact cards, or any other existing form currently used
by law enforcement containing information required pursuant to
this Act, that records at least the following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person stopped;
the person's race shall be selected from the following
list: American Indian or Alaska Native, Asian, Black or
African American, Hispanic or Latino, Native Hawaiian or
Other Pacific Islander, or White;
(2) the reason that led to the stop of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
vehicle was stopped and ending when the driver is free to
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was
given or denied;
(6) whether or not a search contemporaneous to the stop
was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means;
(6.5) whether or not contraband was found during a

search; and, if so, the type and amount of contraband
seized; and
(7) the name and badge number of the issuing officer.
(c) The Illinois Department of Transportation shall
provide a standardized law enforcement data compilation form on
its website.
(d) Every law enforcement agency shall, by March 1 with
regard to data collected during July through December of the
previous calendar year and by August 1 with regard to data
collected during January through June of the current calendar
year, compile the data described in subsections (a) and (b) on
the standardized law enforcement data compilation form
provided by the Illinois Department of Transportation and
transmit the data to the Department.
(e) The Illinois Department of Transportation shall
analyze the data provided by law enforcement agencies required
by this Section and submit a report of the previous year's
findings to the Governor, the General Assembly, the Racial
Profiling Prevention and Data Oversight Board, and each law
enforcement agency no later than July 1 of each year. The
Illinois Department of Transportation may contract with an
outside entity for the analysis of the data provided. In
analyzing the data collected under this Section, the analyzing
entity shall scrutinize the data for evidence of statistically
significant aberrations. The following list, which is
illustrative, and not exclusive, contains examples of areas in

which statistically significant aberrations may be found:
(1) The percentage of minority drivers or passengers
being stopped in a given area is substantially higher than
the proportion of the overall population in or traveling
through the area that the minority constitutes.
(2) A substantial number of false stops including stops
not resulting in the issuance of a traffic ticket or the
making of an arrest.
(3) A disparity between the proportion of citations
issued to minorities and proportion of minorities in the
population.
(4) A disparity among the officers of the same law
enforcement agency with regard to the number of minority
drivers or passengers being stopped in a given area.
(5) A disparity between the frequency of searches
performed on minority drivers and the frequency of searches
performed on non-minority drivers.
(f) Any law enforcement officer identification information
or driver identification information that is compiled by any
law enforcement agency or the Illinois Department of
Transportation pursuant to this Act for the purposes of
fulfilling the requirements of this Section shall be
confidential and exempt from public inspection and copying, as
provided under Section 7 of the Freedom of Information Act, and
the information shall not be transmitted to anyone except as
needed to comply with this Section. This Section shall not

exempt those materials that, prior to the effective date of
this amendatory Act of the 93rd General Assembly, were
available under the Freedom of Information Act. This subsection
(f) shall not preclude law enforcement agencies from reviewing
data to perform internal reviews.
(g) Funding to implement this Section shall come from
federal highway safety funds available to Illinois, as directed
by the Governor.
(h) The Illinois Department of Transportation, in
consultation with law enforcement agencies, officials, and
organizations, including Illinois chiefs of police, the
Department of State Police, the Illinois Sheriffs Association,
and the Chicago Police Department, and community groups and
other experts, shall undertake a study to determine the best
use of technology to collect, compile, and analyze the traffic
stop statistical study data required by this Section. The
Department shall report its findings and recommendations to the
Governor and the General Assembly by March 1, 2004.
(h-5) For purposes of this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,

Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa. Terms
such as "Haitian" or "Negro" can be used in addition to
"Black or African American".
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(6) "White" means a person having origins in any of the
original peoples of Europe, the Middle East, or North
Africa.
(i) This Section is repealed on July 1, 2015.
(Source: P.A. 96-658, eff. 1-1-10; 97-396, eff. 1-1-12.)
(Text of Section after amendment by P.A. 97-469)
Sec. 11-212. Traffic stop statistical study.
(a) Whenever a State or local law enforcement officer
issues a uniform traffic citation or warning citation for an
alleged violation of the Illinois Vehicle Code, he or she shall
record at least the following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person stopped;

the person's race shall be selected from the following
list: American Indian or Alaska Native, Asian, Black or
African American, Hispanic or Latino, Native Hawaiian or
Other Pacific Islander, or White;
(2) the alleged traffic violation that led to the stop
of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
vehicle was stopped and ending when the driver is free to
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was
given or denied;
(6) whether or not a search contemporaneous to the stop
was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means;
(6.2) whether or not a police dog performed a sniff of
the vehicle; and, if so, whether or not the dog alerted to
the presence of contraband; and, if so, whether or not an
officer searched the vehicle; and, if so, whether or not
contraband was discovered; and, if so, the type and amount
of contraband;
(6.5) whether or not contraband was found during a

search; and, if so, the type and amount of contraband
seized; and
(7) the name and badge number of the issuing officer.
(b) Whenever a State or local law enforcement officer stops
a motorist for an alleged violation of the Illinois Vehicle
Code and does not issue a uniform traffic citation or warning
citation for an alleged violation of the Illinois Vehicle Code,
he or she shall complete a uniform stop card, which includes
field contact cards, or any other existing form currently used
by law enforcement containing information required pursuant to
this Act, that records at least the following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person stopped;
the person's race shall be selected from the following
list: American Indian or Alaska Native, Asian, Black or
African American, Hispanic or Latino, Native Hawaiian or
Other Pacific Islander, or White;
(2) the reason that led to the stop of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
vehicle was stopped and ending when the driver is free to
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was

given or denied;
(6) whether or not a search contemporaneous to the stop
was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means;
(6.2) whether or not a police dog performed a sniff of
the vehicle; and, if so, whether or not the dog alerted to
the presence of contraband; and, if so, whether or not an
officer searched the vehicle; and, if so, whether or not
contraband was discovered; and, if so, the type and amount
of contraband;
(6.5) whether or not contraband was found during a
search; and, if so, the type and amount of contraband
seized; and
(7) the name and badge number of the issuing officer.
(c) The Illinois Department of Transportation shall
provide a standardized law enforcement data compilation form on
its website.
(d) Every law enforcement agency shall, by March 1 with
regard to data collected during July through December of the
previous calendar year and by August 1 with regard to data
collected during January through June of the current calendar
year, compile the data described in subsections (a) and (b) on
the standardized law enforcement data compilation form
provided by the Illinois Department of Transportation and
transmit the data to the Department.

(e) The Illinois Department of Transportation shall
analyze the data provided by law enforcement agencies required
by this Section and submit a report of the previous year's
findings to the Governor, the General Assembly, the Racial
Profiling Prevention and Data Oversight Board, and each law
enforcement agency no later than July 1 of each year. The
Illinois Department of Transportation may contract with an
outside entity for the analysis of the data provided. In
analyzing the data collected under this Section, the analyzing
entity shall scrutinize the data for evidence of statistically
significant aberrations. The following list, which is
illustrative, and not exclusive, contains examples of areas in
which statistically significant aberrations may be found:
(1) The percentage of minority drivers or passengers
being stopped in a given area is substantially higher than
the proportion of the overall population in or traveling
through the area that the minority constitutes.
(2) A substantial number of false stops including stops
not resulting in the issuance of a traffic ticket or the
making of an arrest.
(3) A disparity between the proportion of citations
issued to minorities and proportion of minorities in the
population.
(4) A disparity among the officers of the same law
enforcement agency with regard to the number of minority
drivers or passengers being stopped in a given area.

(5) A disparity between the frequency of searches
performed on minority drivers and the frequency of searches
performed on non-minority drivers.
(f) Any law enforcement officer identification information
or driver identification information that is compiled by any
law enforcement agency or the Illinois Department of
Transportation pursuant to this Act for the purposes of
fulfilling the requirements of this Section shall be
confidential and exempt from public inspection and copying, as
provided under Section 7 of the Freedom of Information Act, and
the information shall not be transmitted to anyone except as
needed to comply with this Section. This Section shall not
exempt those materials that, prior to the effective date of
this amendatory Act of the 93rd General Assembly, were
available under the Freedom of Information Act. This subsection
(f) shall not preclude law enforcement agencies from reviewing
data to perform internal reviews.
(g) Funding to implement this Section shall come from
federal highway safety funds available to Illinois, as directed
by the Governor.
(h) The Illinois Department of Transportation, in
consultation with law enforcement agencies, officials, and
organizations, including Illinois chiefs of police, the
Department of State Police, the Illinois Sheriffs Association,
and the Chicago Police Department, and community groups and
other experts, shall undertake a study to determine the best

use of technology to collect, compile, and analyze the traffic
stop statistical study data required by this Section. The
Department shall report its findings and recommendations to the
Governor and the General Assembly by March 1, 2004.
(h-5) For purposes of this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa. Terms
such as "Haitian" or "Negro" can be used in addition to
"Black or African American".
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(6) "White" means a person having origins in any of the
original peoples of Europe, the Middle East, or North

Africa.
(i) This Section is repealed on July 1, 2015.
(Source: P.A. 96-658, eff. 1-1-10; 97-396, eff. 1-1-12; 97-469,
eff. 7-1-12; revised 10-4-11.)
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.
(a) Upon the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as defined
in Section 11-501 or a similar local ordinance or proceedings
pursuant to Section 2-118.1, evidence of the concentration of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood or
breath at the time alleged, as determined by analysis of the
person's blood, urine, breath or other bodily substance, shall
be admissible. Where such test is made the following provisions
shall apply:
1. Chemical analyses of the person's blood, urine,
breath or other bodily substance to be considered valid
under the provisions of this Section shall have been
performed according to standards promulgated by the
Department of State Police by a licensed physician,
registered nurse, trained phlebotomist, certified
paramedic, or other individual possessing a valid permit
issued by that Department for this purpose. The Director of
State Police is authorized to approve satisfactory

techniques or methods, to ascertain the qualifications and
competence of individuals to conduct such analyses, to
issue permits which shall be subject to termination or
revocation at the discretion of that Department and to
certify the accuracy of breath testing equipment. The
Department of State Police shall prescribe regulations as
necessary to implement this Section.
2. When a person in this State shall submit to a blood
test at the request of a law enforcement officer under the
provisions of Section 11-501.1, only a physician
authorized to practice medicine, a licensed physician
assistant, a licensed advanced practice nurse, a
registered nurse, trained phlebotomist, or certified
paramedic, or other qualified person approved by the
Department of State Police may withdraw blood for the
purpose of determining the alcohol, drug, or alcohol and
drug content therein. This limitation shall not apply to
the taking of breath or urine specimens.
When a blood test of a person who has been taken to an
adjoining state for medical treatment is requested by an
Illinois law enforcement officer, the blood may be
withdrawn only by a physician authorized to practice
medicine in the adjoining state, a licensed physician
assistant, a licensed advanced practice nurse, a
registered nurse, a trained phlebotomist acting under the
direction of the physician, or certified paramedic. The law

enforcement officer requesting the test shall take custody
of the blood sample, and the blood sample shall be analyzed
by a laboratory certified by the Department of State Police
for that purpose.
3. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a
chemical test or tests in addition to any administered at
the direction of a law enforcement officer. The failure or
inability to obtain an additional test by a person shall
not preclude the admission of evidence relating to the test
or tests taken at the direction of a law enforcement
officer.
4. Upon the request of the person who shall submit to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or such person's
attorney.
5. Alcohol concentration shall mean either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(b) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while driving or in actual physical control of a
vehicle while under the influence of alcohol, the concentration
of alcohol in the person's blood or breath at the time alleged

as shown by analysis of the person's blood, urine, breath, or
other bodily substance shall give rise to the following
presumptions:
1. If there was at that time an alcohol concentration
of 0.05 or less, it shall be presumed that the person was
not under the influence of alcohol.
2. If there was at that time an alcohol concentration
in excess of 0.05 but less than 0.08, such facts shall not
give rise to any presumption that the person was or was not
under the influence of alcohol, but such fact may be
considered with other competent evidence in determining
whether the person was under the influence of alcohol.
3. If there was at that time an alcohol concentration
of 0.08 or more, it shall be presumed that the person was
under the influence of alcohol.
4. The foregoing provisions of this Section shall not
be construed as limiting the introduction of any other
relevant evidence bearing upon the question whether the
person was under the influence of alcohol.
(c) 1. If a person under arrest refuses to submit to a
chemical test under the provisions of Section 11-501.1,
evidence of refusal shall be admissible in any civil or
criminal action or proceeding arising out of acts alleged to
have been committed while the person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof was driving or in actual

physical control of a motor vehicle.
2. Notwithstanding any ability to refuse under this Code to
submit to these tests or any ability to revoke the implied
consent to these tests, if a law enforcement officer has
probable cause to believe that a motor vehicle driven by or in
actual physical control of a person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof has caused the death or
personal injury to another, the law enforcement officer shall
request, and that person shall submit, upon the request of a
law enforcement officer, to a chemical test or tests of his or
her blood, breath or urine for the purpose of determining the
alcohol content thereof or the presence of any other drug or
combination of both.
This provision does not affect the applicability of or
imposition of driver's license sanctions under Section
11-501.1 of this Code.
3. For purposes of this Section, a personal injury includes
any Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or a medical
facility. A Type A injury includes severe bleeding wounds,
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(Source: P.A. 96-289, eff. 8-11-09; 97-450, eff. 8-19-11;
97-471, eff. 8-22-11; revised 10-4-11.)

(625 ILCS 5/11-1505) (from Ch. 95 1/2, par. 11-1505)
Sec. 11-1505. Position of bicycles and motorized pedal
cycles on roadways - Riding on roadways and bicycle paths.
(a) Any person operating a bicycle or motorized pedal cycle
upon a roadway at less than the normal speed of traffic at the
time and place and under the conditions then existing shall
ride as close as practicable and safe to the right-hand curb or
edge of the roadway except under the following situations:
1. When overtaking and passing another bicycle,
motorized pedal cycle or vehicle proceeding in the same
direction; or
2. When preparing for a left turn at an intersection or
into a private road or driveway; or
3. When reasonably necessary to avoid conditions
including, but not limited to, fixed or moving objects,
parked or moving vehicles, bicycles, motorized pedal
cycles, pedestrians, animals, surface hazards, or
substandard width lanes that make it unsafe to continue
along the right-hand curb or edge. For purposes of this
subsection, a "substandard width lane" means a lane that is
too narrow for a bicycle or motorized pedal cycle and a
vehicle to travel safely side by side within the lane; or .
4. When approaching a place where a right turn is
authorized.
(b) Any person operating a bicycle or motorized pedal cycle

upon a one-way highway with two or more marked traffic lanes
may ride as near the left-hand curb or edge of such roadway as
practicable.
(Source: P.A. 95-231, eff. 1-1-08; revised 11-21-11.)
(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
Sec. 12-215. Oscillating, rotating or flashing lights on
motor vehicles. Except as otherwise provided in this Code:
(a) The use of red or white oscillating, rotating or
flashing lights, whether lighted or unlighted, is prohibited
except on:
1. Law enforcement vehicles of State, Federal or local
authorities;
2. A vehicle operated by a police officer or county
coroner and designated or authorized by local authorities,
in writing, as a law enforcement vehicle; however, such
designation or authorization must be carried in the
vehicle;
2.1. A vehicle operated by a fire chief who has
completed an emergency vehicle operation training course
approved by the Office of the State Fire Marshal and
designated or authorized by local authorities, in writing,
as a fire department, fire protection district, or township
fire department vehicle; however, the designation or
authorization must be carried in the vehicle, and the
lights may be visible or activated only when responding to

a bona fide emergency;
3. Vehicles of local fire departments and State or
federal firefighting vehicles;
4. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles; furthermore, such lights
shall not be lighted except when responding to an emergency
call for and while actually conveying the sick or injured;
5. Tow trucks licensed in a state that requires such
lights; furthermore, such lights shall not be lighted on
any such tow truck while the tow truck is operating in the
State of Illinois;
6. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, and vehicles of the Department of Nuclear Safety;
7. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act;
8. School buses operating alternately flashing head
lamps as permitted under Section 12-805 of this Code;
9. Vehicles that are equipped and used exclusively as
organ transplant vehicles when used in combination with
blue oscillating, rotating, or flashing lights;
furthermore, these lights shall be lighted only when the
transportation is declared an emergency by a member of the
transplant team or a representative of the organ

procurement organization; and
10. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response.
(b) The use of amber oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Second division vehicles designed and used for
towing or hoisting vehicles; furthermore, such lights
shall not be lighted except as required in this paragraph
1; such lights shall be lighted when such vehicles are
actually being used at the scene of an accident or
disablement; if the towing vehicle is equipped with a flat
bed that supports all wheels of the vehicle being
transported, the lights shall not be lighted while the
vehicle is engaged in towing on a highway; if the towing
vehicle is not equipped with a flat bed that supports all
wheels of a vehicle being transported, the lights shall be
lighted while the towing vehicle is engaged in towing on a
highway during all times when the use of headlights is
required under Section 12-201 of this Code;
2. Motor vehicles or equipment of the State of
Illinois, local authorities and contractors; furthermore,
such lights shall not be lighted except while such vehicles
are engaged in maintenance or construction operations
within the limits of construction projects;
3. Vehicles or equipment used by engineering or survey

crews; furthermore, such lights shall not be lighted except
while such vehicles are actually engaged in work on a
highway;
4. Vehicles of public utilities, municipalities, or
other construction, maintenance or automotive service
vehicles except that such lights shall be lighted only as a
means for indicating the presence of a vehicular traffic
hazard requiring unusual care in approaching, overtaking
or passing while such vehicles are engaged in maintenance,
service or construction on a highway;
5. Oversized vehicle or load; however, such lights
shall only be lighted when moving under permit issued by
the Department under Section 15-301 of this Code;
6. The front and rear of motorized equipment owned and
operated by the State of Illinois or any political
subdivision thereof, which is designed and used for removal
of snow and ice from highways;
(6.1) The front and rear of motorized equipment or
vehicles that (i) are not owned by the State of Illinois or
any political subdivision of the State, (ii) are designed
and used for removal of snow and ice from highways and
parking lots, and (iii) are equipped with a snow plow that
is 12 feet in width; these lights may not be lighted except
when the motorized equipment or vehicle is actually being
used for those purposes on behalf of a unit of government;
7. Fleet safety vehicles registered in another state,

furthermore, such lights shall not be lighted except as
provided for in Section 12-212 of this Code;
8. Such other vehicles as may be authorized by local
authorities;
9. Law enforcement vehicles of State or local
authorities when used in combination with red oscillating,
rotating or flashing lights;
9.5. Propane delivery trucks;
10. Vehicles used for collecting or delivering mail for
the United States Postal Service provided that such lights
shall not be lighted except when such vehicles are actually
being used for such purposes;
10.5. Vehicles of the Office of the Illinois State Fire
Marshal, provided that such lights shall not be lighted
except for when such vehicles are engaged in work for the
Office of the Illinois State Fire Marshal;
11. Any vehicle displaying a slow-moving vehicle
emblem as provided in Section 12-205.1;
12. All trucks equipped with self-compactors or
roll-off hoists and roll-on containers for garbage or
refuse hauling. Such lights shall not be lighted except
when such vehicles are actually being used for such
purposes;
13. Vehicles used by a security company, alarm
responder, or control agency;
14. Security vehicles of the Department of Human

Services; however, the lights shall not be lighted except
when being used for security related purposes under the
direction of the superintendent of the facility where the
vehicle is located; and
15. Vehicles of union representatives, except that the
lights shall be lighted only while the vehicle is within
the limits of a construction project.
(c) The use of blue oscillating, rotating or flashing
lights, whether lighted or unlighted, is prohibited except on:
1. Rescue squad vehicles not owned by a fire department
and vehicles owned or operated by a:
voluntary firefighter;
paid firefighter;
part-paid firefighter;
call firefighter;
member of the board of trustees of a fire
protection district;
paid or unpaid member of a rescue squad;
paid or unpaid member of a voluntary ambulance
unit; or
paid or unpaid members of a local or county
emergency management services agency as defined in the
Illinois Emergency Management Agency Act, designated
or authorized by local authorities, in writing, and
carrying that designation or authorization in the
vehicle.

However, such lights are not to be lighted except when
responding to a bona fide emergency or when parked or
stationary at the scene of a fire, rescue call, ambulance
call, or motor vehicle accident.
Any person using these lights in accordance with this
subdivision (c)1 must carry on his or her person an
identification card or letter identifying the bona fide
member of a fire department, fire protection district,
rescue squad, ambulance unit, or emergency management
services agency that owns or operates that vehicle. The
card or letter must include:
(A) the name of the fire department, fire
protection district, rescue squad, ambulance unit, or
emergency management services agency;
(B) the member's position within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency;
(C) the member's term of service; and
(D) the name of a person within the fire
department, fire protection district, rescue squad,
ambulance unit, or emergency management services
agency to contact to verify the information provided.
2. Police department vehicles in cities having a
population of 500,000 or more inhabitants.
3. Law enforcement vehicles of State or local

authorities when used in combination with red oscillating,
rotating or flashing lights.
4. Vehicles of local fire departments and State or
federal firefighting vehicles when used in combination
with red oscillating, rotating or flashing lights.
5. Vehicles which are designed and used exclusively as
ambulances or rescue vehicles when used in combination with
red oscillating, rotating or flashing lights; furthermore,
such lights shall not be lighted except when responding to
an emergency call.
6. Vehicles that are equipped and used exclusively as
organ transport vehicles when used in combination with red
oscillating, rotating, or flashing lights; furthermore,
these lights shall only be lighted when the transportation
is declared an emergency by a member of the transplant team
or a representative of the organ procurement organization.
7. Vehicles of the Illinois Emergency Management
Agency, vehicles of the Office of the Illinois State Fire
Marshal, vehicles of the Illinois Department of Public
Health, and vehicles of the Department of Nuclear Safety,
when used in combination with red oscillating, rotating, or
flashing lights.
8. Vehicles operated by a local or county emergency
management services agency as defined in the Illinois
Emergency Management Agency Act, when used in combination
with red oscillating, rotating, or flashing lights.

9. Vehicles of the Illinois Department of Natural
Resources that are used for mine rescue and explosives
emergency response, when used in combination with red
oscillating, rotating, or flashing lights.
(c-1) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a
voluntary firefighter, a voluntary member of a rescue squad, or
a member of a voluntary ambulance unit may be equipped with
flashing white headlights and blue grill lights, which may be
used only in responding to an emergency call or when parked or
stationary at the scene of a fire, rescue call, ambulance call,
or motor vehicle accident.
(c-2) In addition to the blue oscillating, rotating, or
flashing lights permitted under subsection (c), and
notwithstanding subsection (a), a vehicle operated by a paid or
unpaid member of a local or county emergency management
services agency as defined in the Illinois Emergency Management
Agency Act, may be equipped with white oscillating, rotating,
or flashing lights to be used in combination with blue
oscillating, rotating, or flashing lights, if authorization by
local authorities is in writing and carried in the vehicle.
(d) The use of a combination of amber and white
oscillating, rotating or flashing lights, whether lighted or
unlighted, is prohibited except motor vehicles or equipment of
the State of Illinois, local authorities, contractors, and

union representatives may be so equipped; furthermore, such
lights shall not be lighted on vehicles of the State of
Illinois, local authorities, and contractors except while such
vehicles are engaged in highway maintenance or construction
operations within the limits of highway construction projects,
and shall not be lighted on the vehicles of union
representatives except when those vehicles are within the
limits of a construction project.
(e) All oscillating, rotating or flashing lights referred
to in this Section shall be of sufficient intensity, when
illuminated, to be visible at 500 feet in normal sunlight.
(f) Nothing in this Section shall prohibit a manufacturer
of oscillating, rotating or flashing lights or his
representative from temporarily mounting such lights on a
vehicle for demonstration purposes only.
(g) Any person violating the provisions of subsections (a),
(b), (c) or (d) of this Section who without lawful authority
stops or detains or attempts to stop or detain another person
shall be guilty of a Class 2 felony.
(h) Except as provided in subsection (g) above, any person
violating the provisions of subsections (a) or (c) of this
Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 96-214, eff. 8-10-09; 96-1190, eff. 7-22-10;
97-39, eff. 1-1-12; 97-149, eff. 7-14-11; revised 9-15-11.)
(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)

Sec. 13-101. Submission to safety test; Certificate of
safety. To promote the safety of the general public, every
owner of a second division vehicle, medical transport vehicle,
tow truck, first division vehicle including a taxi which is
used for a purpose that requires a school bus driver permit, or
contract carrier transporting employees in the course of their
employment on a highway of this State in a vehicle designed to
carry 15 or fewer passengers shall, before operating the
vehicle upon the highways of Illinois, submit it to a "safety
test" and secure a certificate of safety furnished by the
Department as set forth in Section 13-109. Each second division
motor vehicle that pulls or draws a trailer, semitrailer or
pole trailer, with a gross weight of more than 8,000 lbs or is
registered for a gross weight of more than 8,000 lbs, motor
bus, religious organization bus, school bus, senior citizen
transportation vehicle, and limousine shall be subject to
inspection by the Department and the Department is authorized
to establish rules and regulations for the implementation of
such inspections.
The owners of each salvage vehicle shall submit it to a
"safety test" and secure a certificate of safety furnished by
the Department prior to its salvage vehicle inspection pursuant
to Section 3-308 of this Code. In implementing and enforcing
the provisions of this Section, the Department and other
authorized State agencies shall do so in a manner that is not
inconsistent with any applicable federal law or regulation so

that no federal funding or support is jeopardized by the
enactment or application of these provisions.
However, none of the provisions of Chapter 13 requiring
safety tests or a certificate of safety shall apply to:
(a) farm tractors, machinery and implements, wagons,
wagon-trailers or like farm vehicles used primarily in
agricultural pursuits;
(b) vehicles other than school buses, tow trucks and
medical transport vehicles owned or operated by a municipal
corporation or political subdivision having a population
of 1,000,000 or more inhabitants and which are subject to
safety tests imposed by local ordinance or resolution;
(c) a semitrailer or trailer having a gross weight of
5,000 pounds or less including vehicle weight and maximum
load;
(d) recreational vehicles;
(e) vehicles registered as and displaying Illinois
antique vehicle plates and vehicles registered as
expanded-use antique vehicles and displaying expanded-use
antique vehicle plates;
(f) house trailers equipped and used for living
quarters;
(g) vehicles registered as and displaying Illinois
permanently mounted equipment plates or similar vehicles
eligible therefor but registered as governmental vehicles
provided that if said vehicle is reclassified from a

permanently mounted equipment plate so as to lose the
exemption of not requiring a certificate of safety, such
vehicle must be safety tested within 30 days of the
reclassification;
(h) vehicles owned or operated by a manufacturer,
dealer or transporter displaying a special plate or plates
as described in Chapter 3 of this Code while such vehicle
is being delivered from the manufacturing or assembly plant
directly to the purchasing dealership or distributor, or
being temporarily road driven for quality control testing,
or from one dealer or distributor to another, or are being
moved by the most direct route from one location to another
for the purpose of installing special bodies or equipment,
or driven for purposes of demonstration by a prospective
buyer with the dealer or his agent present in the cab of
the vehicle during the demonstration;
(i) pole trailers and auxiliary axles;
(j) special mobile equipment;
(k) vehicles properly registered in another State
pursuant to law and displaying a valid registration plate,
except vehicles of contract carriers transporting
employees in the course of their employment on a highway of
this State in a vehicle designed to carry 15 or fewer
passengers are only exempted to the extent that the safety
testing requirements applicable to such vehicles in the
state of registration are no less stringent than the safety

testing requirements applicable to contract carriers that
are lawfully registered in Illinois;
(l) water-well boring apparatuses or rigs;
(m) any vehicle which is owned and operated by the
federal government and externally displays evidence of
such ownership; and
(n) second division vehicles registered for a gross
weight of 8,000 pounds or less, except when such second
division motor vehicles pull or draw a trailer,
semi-trailer or pole trailer having a gross weight of or
registered for a gross weight of more than 8,000 pounds;
motor buses; religious organization buses; school buses;
senior citizen transportation vehicles; medical transport
vehicles and tow trucks.
The safety test shall include the testing and inspection of
brakes, lights, horns, reflectors, rear vision mirrors,
mufflers, safety chains, windshields and windshield wipers,
warning flags and flares, frame, axle, cab and body, or cab or
body, wheels, steering apparatus, and other safety devices and
appliances required by this Code and such other safety tests as
the Department may by rule or regulation require, for second
division vehicles, school buses, medical transport vehicles,
tow trucks, first division vehicles including taxis which are
used for a purpose that requires a school bus driver permit,
vehicles designed to carry 15 or fewer passengers operated by a
contract carrier transporting employees in the course of their

employment on a highway of this State, trailers, and
semitrailers subject to inspection.
For tow trucks, the safety test and inspection shall also
include the inspection of winch mountings, body panels, body
mounts, wheel lift swivel points, and sling straps, and other
tests and inspections the Department by rule requires for tow
trucks.
For trucks, truck tractors, trailers, semi-trailers,
buses, and first division vehicles including taxis which are
used for a purpose that requires a school bus driver permit,
the safety test shall be conducted in accordance with the
Minimum Periodic Inspection Standards promulgated by the
Federal Highway Administration of the U.S. Department of
Transportation and contained in Appendix G to Subchapter B of
Chapter III of Title 49 of the Code of Federal Regulations.
Those standards, as now in effect, are made a part of this
Code, in the same manner as though they were set out in full in
this Code.
The passing of the safety test shall not be a bar at any
time to prosecution for operating a second division vehicle,
medical transport vehicle, or vehicle designed to carry 15 or
fewer passengers operated by a contract carrier as provided in
this Section which is unsafe as determined by the standards
prescribed in this Code.
(Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12;
revised 10-4-11.)

(625 ILCS 5/13C-15)
(Text of Section before amendment by P.A. 97-106)
Sec. 13C-15. Inspections.
(a) Computer-Matched Inspections and Notification.
(1) The provisions of this subsection (a) are operative
until the implementation of the registration denial
inspection and notification mechanisms required by
subsection (b). Beginning with the implementation of the
program required by this Chapter, every motor vehicle that
is owned by a resident of an affected county, other than a
vehicle that is exempt under paragraph (a)(6) or (a)(7), is
subject to inspection under the program.
The Agency shall send notice of the assigned inspection
month, at least 15 days before the beginning of the
assigned month, to the owner of each vehicle subject to the
program. An initial emission inspection sticker or initial
inspection certificate, as the case may be, expires on the
last day of the third month following the month assigned by
the Agency for the first inspection of the vehicle. A
renewal inspection sticker or certificate expires on the
last day of the third month following the month assigned
for inspection in the year in which the vehicle's next
inspection is required.
The Agency or its agent may issue an interim emission
inspection sticker or certificate for any vehicle subject

to inspection that does not have a currently valid emission
inspection sticker or certificate at the time the Agency is
notified by the Secretary of State of its registration by a
new owner, and for which an initial emission inspection
sticker or certificate has already been issued. An interim
emission inspection sticker or certificate expires no
later than the last day of the sixth complete calendar
month after the date the Agency issued the interim emission
inspection sticker or certificate.
The owner of each vehicle subject to inspection shall
obtain an emission inspection sticker or certificate for
the vehicle in accordance with this paragraph (1). Before
the expiration of the emission inspection sticker or
certificate, the owner shall have the vehicle inspected
and, upon demonstration of compliance, obtain a renewal
emission inspection sticker or certificate. A renewal
emission inspection sticker or certificate shall not be
issued more than 5 months before the expiration date of the
previous inspection sticker or certificate.
(2) Except as provided in paragraph (a)(3), vehicles
shall be inspected every 2 years on a schedule that begins
either in the second, fourth, or later calendar year after
the vehicle model year. The beginning test schedule shall
be set by the Agency and shall be consistent with the
State's requirements for emission reductions as determined
by the applicable United States Environmental Protection

Agency vehicle emissions estimation model and applicable
guidance and rules.
(3) A vehicle may be inspected at a time outside of its
normal 2-year inspection schedule, if (i) the vehicle was
acquired by a new owner and (ii) the vehicle was required
to be in compliance with this Act at the time the vehicle
was acquired by the new owner, but it was not then in
compliance.
(4) The owner of a vehicle subject to inspection shall
have the vehicle inspected and shall obtain and display on
the vehicle or carry within the vehicle, in a manner
specified by the Agency, a valid unexpired emission
inspection sticker or certificate in the manner specified
by the Agency. A person who violates this paragraph (4) is
guilty of a petty offense, except that a third or
subsequent violation within one year of the first violation
is a Class C misdemeanor. The fine imposed for a violation
of this paragraph (4) shall be not less than $50 if the
violation occurred within 60 days following the date by
which a new or renewal emission inspection sticker or
certificate was required to be obtained for the vehicle,
and not less than $300 if the violation occurred more than
60 days after that date.
(5) For a $20 fee, to be paid into the Vehicle
Inspection Fund, the Agency may inspect:
(A) A vehicle registered in and subject to the

emission inspections requirements of another state.
(B) A vehicle presented for inspection on a
voluntary basis.
Any fees collected under this paragraph (5) shall not
offset Motor Fuel Tax Funds normally appropriated for the
program.
(6) The following vehicles are not subject to
inspection:
(A) Vehicles not subject to registration under
Article IV of Chapter 3 of this Code, other than
vehicles owned by the federal government.
(B) Motorcycles, motor driven cycles, and
motorized pedalcycles.
(C) Farm vehicles and implements of husbandry.
(D) Implements of warfare owned by the State or
federal government.
(E) Antique vehicles, expanded-use antique
vehicles, custom vehicles, street rods, and vehicles
of model year 1967 or before.
(F) Vehicles operated exclusively for parade or
ceremonial purposes by any veterans, fraternal, or
civic organization, organized on a not-for-profit
basis.
(G) Vehicles for which the Secretary of State,
under Section 3-117 of this Code, has issued a Junking
Certificate.

(H) Diesel powered vehicles and vehicles that are
powered exclusively by electricity.
(I) Vehicles operated exclusively in organized
amateur or professional sporting activities, as
defined in Section 3.310 of the Environmental
Protection Act.
(J) Vehicles registered in, subject to, and in
compliance with the emission inspection requirements
of another state.
(K) Vehicles participating in an OBD continuous
monitoring program operated in accordance with
procedures adopted by the Agency.
(L) Vehicles of model year 1995 or earlier that do
not have an expired emissions test sticker or
certificate on February 1, 2007.
The Agency may issue temporary or permanent exemption
stickers or certificates for vehicles temporarily or
permanently exempt from inspection under this paragraph
(6). An exemption sticker or certificate does not need to
be displayed.
(7) According to criteria that the Agency may adopt, a
motor vehicle may be exempted from the inspection
requirements of this Section by the Agency on the basis of
an Agency determination that the vehicle is located and
primarily used outside of the affected counties or in other
jurisdictions where vehicle emission inspections are not

required. The Agency may issue an annual exemption sticker
or certificate without inspection for any vehicle exempted
from inspection under this paragraph (7).
(8) Any owner or lessee of a fleet of 15 or more motor
vehicles that are subject to inspection under this Section
may apply to the Agency for a permit to establish and
operate a private official inspection station in
accordance with rules adopted by the Agency.
(9) Pursuant to Title 40, Section 51.371 of the Code of
Federal Regulations, the Agency may establish a program of
on-road testing of in-use vehicles through the use of
remote sensing devices. In any such program, the Agency
shall evaluate the emission performance of 0.5% of the
subject fleet or 20,000 vehicles, whichever is less. Under
no circumstances shall on-road testing include any sort of
roadblock or roadside pullover or cause any type of traffic
delay. If, during the course of an on-road inspection, a
vehicle is found to exceed the on-road emissions standards
established for the model year and type of vehicle, the
Agency shall send a notice to the vehicle owner. The notice
shall document the occurrence and the results of the
on-road exceedance. The notice of a second on-road
exceedance shall indicate that the vehicle has been
reassigned and is subject to an out-of-cycle follow-up
inspection at an official inspection station. In no case
shall the Agency send a notice of an on-road exceedance to

the owner of a vehicle that was found to exceed the on-road
emission standards established for the model year and type
of vehicle, if the vehicle is registered outside of the
affected counties.
(b) Registration Denial Inspection and Notification.
(1) No later than January 1, 2008, every motor vehicle
that is owned by a resident of an affected county, other
than a vehicle that is exempt under paragraph (b)(8) or
(b)(9), is subject to inspection under the program.
The owner of a vehicle subject to inspection shall have
the vehicle inspected and obtain proof of compliance from
the Agency in order to obtain or renew a vehicle
registration for a subject vehicle.
The Secretary of State shall notify the owner of a
vehicle subject to inspection of the requirement to have
the vehicle tested at least 30 days prior to the beginning
of the month in which the vehicle's registration is due to
expire. Notwithstanding the preceding, vehicles with
permanent registration plates shall be notified at least 30
days prior to the month corresponding to the date the
vehicle was originally registered. This notification shall
clearly state the vehicle's test status, based upon the
vehicle type, model year and registration address.
The owner of each vehicle subject to inspection shall
have the vehicle inspected and, upon demonstration of
compliance, obtain an emissions compliance certificate for

the vehicle.
(2) Except as provided in paragraphs (b)(3), (b)(4),
and (b)(5), vehicles shall be inspected every 2 years on a
schedule that begins in the fourth calendar year after the
vehicle model year. Even model year vehicles shall be
inspected and comply in order to renew registrations
expiring in even calendar years and odd model year vehicles
shall be inspected and comply in order to renew
registrations expiring in odd calendar years.
(3) A vehicle shall be inspected and comply at a time
outside of its normal 2-year inspection schedule if (i) the
vehicle was acquired by a new owner and (ii) the vehicle
had not been issued a Compliance Certificate within one
year of the date of application for the title or
registration, or both, for the vehicle.
(4) Vehicles with 2-year registrations shall be
inspected every 2 years at the time of registration
issuance or renewal on a schedule that begins in the fourth
year after the vehicle model year.
(5) Vehicles with permanent vehicle registration
plates shall be inspected every 2 years on a schedule that
begins in the fourth calendar year after the vehicle model
year in the month corresponding to the date the vehicle was
originally registered. Even model year vehicles shall be
inspected and comply in even calendar years, and odd model
year vehicles shall be inspected and comply in odd calendar

years.
(6) The Agency and the Secretary of State shall
endeavor to ensure a smooth transition from test scheduling
from the provisions of subsection (a) to subsection (b).
Passing tests and waivers issued prior to the
implementation of this subsection (b) may be utilized to
establish compliance for a period of one year from the date
of the emissions or waiver inspection.
(7) For a $20 fee, to be paid into the Vehicle
Inspection Fund, the Agency may inspect:
(A) A vehicle registered in and subject to the
emissions inspections requirements of another state.
(B) A vehicle presented for inspection on a
voluntary basis.
Any fees collected under this paragraph (7) shall not
offset Motor Fuel Tax Funds normally appropriated for the
program.
(8) The following vehicles are not subject to
inspection:
(A) Vehicles not subject to registration under
Article IV of Chapter 3 of this Code, other than
vehicles owned by the federal government.
(B) Motorcycles, motor driven cycles, and
motorized pedalcycles.
(C) Farm vehicles and implements of husbandry.
(D) Implements of warfare owned by the State or

federal government.
(E) Antique vehicles, expanded-use antique
vehicles, custom vehicles, street rods, and vehicles
of model year 1967 or before.
(F) Vehicles operated exclusively for parade or
ceremonial purposes by any veterans, fraternal, or
civic organization, organized on a not-for-profit
basis.
(G) Vehicles for which the Secretary of State,
under Section 3-117 of this Code, has issued a Junking
Certificate.
(H) Diesel powered vehicles and vehicles that are
powered exclusively by electricity.
(I) Vehicles operated exclusively in organized
amateur or professional sporting activities, as
defined in Section 3.310 of the Environmental
Protection Act.
(J) Vehicles registered in, subject to, and in
compliance with the emission inspection requirements
of another state.
(K) Vehicles participating in an OBD continuous
monitoring program operated in accordance with
procedures adopted by the Agency.
(L) Vehicles of model year 1995 or earlier that do
not have an expired emissions test sticker or
certificate on February 1, 2007.

The Agency may issue temporary or permanent exemption
certificates for vehicles temporarily or permanently
exempt from inspection under this paragraph (8). An
exemption sticker or certificate does not need to be
displayed.
(9) According to criteria that the Agency may adopt, a
motor vehicle may be exempted from the inspection
requirements of this Section by the Agency on the basis of
an Agency determination that the vehicle is located and
primarily used outside of the affected counties or in other
jurisdictions where vehicle emissions inspections are not
required. The Agency may issue an annual exemption
certificate without inspection for any vehicle exempted
from inspection under this paragraph (9).
(10) Any owner or lessee of a fleet of 15 or more motor
vehicles that are subject to inspection under this Section
may apply to the Agency for a permit to establish and
operate a private official inspection station in
accordance with rules adopted by the Agency.
(11) Pursuant to Title 40, Section 51.371 of the Code
of Federal Regulations, the Agency may establish a program
of on-road testing of in-use vehicles through the use of
remote sensing devices. In any such program, the Agency
shall evaluate the emission performance of 0.5% of the
subject fleet or 20,000 vehicles, whichever is less. Under
no circumstances shall on-road testing include any sort of

roadblock or roadside pullover or cause any type of traffic
delay. If, during the course of an on-road inspection, a
vehicle is found to exceed the on-road emissions standards
established for the model year and type of vehicle, the
Agency shall send a notice to the vehicle owner. The notice
shall document the occurrence and the results of the
on-road exceedance. The notice of a second on-road
exceedance shall indicate that the vehicle has been
reassigned and is subject to an out-of-cycle follow-up
inspection at an official inspection station. In no case
shall the Agency send a notice of an on-road exceedance to
the owner of a vehicle that was found to exceed the on-road
emissions standards established for the model year and type
of vehicle, if the vehicle is registered outside of the
affected counties.
(Source: P.A. 97-412, eff. 1-1-12.)
(Text of Section after amendment by P.A. 97-106)
Sec. 13C-15. Inspections.
(a) Computer-Matched Inspections and Notification.
(1) The provisions of this subsection (a) are operative
until the implementation of the registration denial
inspection and notification mechanisms required by
subsection (b). Beginning with the implementation of the
program required by this Chapter, every motor vehicle that
is owned by a resident of an affected county, other than a

vehicle that is exempt under paragraph (a)(6) or (a)(7), is
subject to inspection under the program.
The Agency shall send notice of the assigned inspection
month, at least 15 days before the beginning of the
assigned month, to the owner of each vehicle subject to the
program. An initial emission inspection sticker or initial
inspection certificate, as the case may be, expires on the
last day of the third month following the month assigned by
the Agency for the first inspection of the vehicle. A
renewal inspection sticker or certificate expires on the
last day of the third month following the month assigned
for inspection in the year in which the vehicle's next
inspection is required.
The Agency or its agent may issue an interim emission
inspection sticker or certificate for any vehicle subject
to inspection that does not have a currently valid emission
inspection sticker or certificate at the time the Agency is
notified by the Secretary of State of its registration by a
new owner, and for which an initial emission inspection
sticker or certificate has already been issued. An interim
emission inspection sticker or certificate expires no
later than the last day of the sixth complete calendar
month after the date the Agency issued the interim emission
inspection sticker or certificate.
The owner of each vehicle subject to inspection shall
obtain an emission inspection sticker or certificate for

the vehicle in accordance with this paragraph (1). Before
the expiration of the emission inspection sticker or
certificate, the owner shall have the vehicle inspected
and, upon demonstration of compliance, obtain a renewal
emission inspection sticker or certificate. A renewal
emission inspection sticker or certificate shall not be
issued more than 5 months before the expiration date of the
previous inspection sticker or certificate.
(2) Except as provided in paragraph (a)(3), vehicles
shall be inspected every 2 years on a schedule that begins
either in the second, fourth, or later calendar year after
the vehicle model year. The beginning test schedule shall
be set by the Agency and shall be consistent with the
State's requirements for emission reductions as determined
by the applicable United States Environmental Protection
Agency vehicle emissions estimation model and applicable
guidance and rules.
(3) A vehicle may be inspected at a time outside of its
normal 2-year inspection schedule, if (i) the vehicle was
acquired by a new owner and (ii) the vehicle was required
to be in compliance with this Act at the time the vehicle
was acquired by the new owner, but it was not then in
compliance.
(4) The owner of a vehicle subject to inspection shall
have the vehicle inspected and shall obtain and display on
the vehicle or carry within the vehicle, in a manner

specified by the Agency, a valid unexpired emission
inspection sticker or certificate in the manner specified
by the Agency. A person who violates this paragraph (4) is
guilty of a petty offense, except that a third or
subsequent violation within one year of the first violation
is a Class C misdemeanor. The fine imposed for a violation
of this paragraph (4) shall be not less than $50 if the
violation occurred within 60 days following the date by
which a new or renewal emission inspection sticker or
certificate was required to be obtained for the vehicle,
and not less than $300 if the violation occurred more than
60 days after that date.
(5) For a $20 fee, to be paid into the Vehicle
Inspection Fund, the Agency may inspect:
(A) A vehicle registered in and subject to the
emission inspections requirements of another state.
(B) A vehicle presented for inspection on a
voluntary basis.
Any fees collected under this paragraph (5) shall not
offset Motor Fuel Tax Funds normally appropriated for the
program.
(6) The following vehicles are not subject to
inspection:
(A) Vehicles not subject to registration under
Article IV of Chapter 3 of this Code, other than
vehicles owned by the federal government.

(B) Motorcycles, motor driven cycles, and
motorized pedalcycles.
(C) Farm vehicles and implements of husbandry.
(D) Implements of warfare owned by the State or
federal government.
(E) Antique vehicles, expanded-use antique
vehicles, custom vehicles, street rods, and vehicles
of model year 1967 or before.
(F) Vehicles operated exclusively for parade or
ceremonial purposes by any veterans, fraternal, or
civic organization, organized on a not-for-profit
basis.
(G) Vehicles for which the Secretary of State,
under Section 3-117 of this Code, has issued a Junking
Certificate.
(H) Diesel powered vehicles and vehicles that are
powered exclusively by electricity.
(I) Vehicles operated exclusively in organized
amateur or professional sporting activities, as
defined in Section 3.310 of the Environmental
Protection Act.
(J) Vehicles registered in, subject to, and in
compliance with the emission inspection requirements
of another state.
(K) Vehicles participating in an OBD continuous
monitoring program operated in accordance with

procedures adopted by the Agency.
(L) Vehicles of model year 1995 or earlier that do
not have an expired emissions test sticker or
certificate on February 1, 2007.
The Agency may issue temporary or permanent exemption
stickers or certificates for vehicles temporarily or
permanently exempt from inspection under this paragraph
(6). An exemption sticker or certificate does not need to
be displayed.
(7) According to criteria that the Agency may adopt, a
motor vehicle may be exempted from the inspection
requirements of this Section by the Agency on the basis of
an Agency determination that the vehicle is located and
primarily used outside of the affected counties or in other
jurisdictions where vehicle emission inspections are not
required. The Agency may issue an annual exemption sticker
or certificate without inspection for any vehicle exempted
from inspection under this paragraph (7).
(8) Any owner or lessee of a fleet of 15 or more motor
vehicles that are subject to inspection under this Section
may apply to the Agency for a permit to establish and
operate a private official inspection station in
accordance with rules adopted by the Agency.
(9) Pursuant to Title 40, Section 51.371 of the Code of
Federal Regulations, the Agency may establish a program of
on-road testing of in-use vehicles through the use of

remote sensing devices. In any such program, the Agency
shall evaluate the emission performance of 0.5% of the
subject fleet or 20,000 vehicles, whichever is less. Under
no circumstances shall on-road testing include any sort of
roadblock or roadside pullover or cause any type of traffic
delay. If, during the course of an on-road inspection, a
vehicle is found to exceed the on-road emissions standards
established for the model year and type of vehicle, the
Agency shall send a notice to the vehicle owner. The notice
shall document the occurrence and the results of the
on-road exceedance. The notice of a second on-road
exceedance shall indicate that the vehicle has been
reassigned and is subject to an out-of-cycle follow-up
inspection at an official inspection station. In no case
shall the Agency send a notice of an on-road exceedance to
the owner of a vehicle that was found to exceed the on-road
emission standards established for the model year and type
of vehicle, if the vehicle is registered outside of the
affected counties.
(b) Registration Denial Inspection and Notification.
(1) No later than January 1, 2008, every motor vehicle
that is owned by a resident of an affected county, other
than a vehicle that is exempt under paragraph (b)(8) or
(b)(9), is subject to inspection under the program.
The owner of a vehicle subject to inspection shall have
the vehicle inspected and obtain proof of compliance from

the Agency in order to obtain or renew a vehicle
registration for a subject vehicle.
The Secretary of State shall notify the owner of a
vehicle subject to inspection of the requirement to have
the vehicle tested at least 30 days prior to the beginning
of the month in which the vehicle's registration is due to
expire. Notwithstanding the preceding, vehicles with
permanent registration plates shall be notified at least 30
days prior to the month corresponding to the date the
vehicle was originally registered. This notification shall
clearly state the vehicle's test status, based upon the
vehicle type, model year and registration address.
The owner of each vehicle subject to inspection shall
have the vehicle inspected and, upon demonstration of
compliance, obtain an emissions compliance certificate for
the vehicle.
(2) Except as provided in paragraphs (b)(3), (b)(4),
and (b)(5), vehicles shall be inspected every 2 years on a
schedule that begins in the fourth calendar year after the
vehicle model year. Even model year vehicles shall be
inspected and comply in order to renew registrations
expiring in even calendar years and odd model year vehicles
shall be inspected and comply in order to renew
registrations expiring in odd calendar years.
(3) A vehicle shall be inspected and comply at a time
outside of its normal 2-year inspection schedule if (i) the

vehicle was acquired by a new owner and (ii) the vehicle
had not been issued a Compliance Certificate within one
year of the date of application for the title or
registration, or both, for the vehicle.
(4) Vehicles with 2-year registrations shall be
inspected every 2 years at the time of registration
issuance or renewal on a schedule that begins in the fourth
year after the vehicle model year.
(5) Vehicles with permanent vehicle registration
plates shall be inspected every 2 years on a schedule that
begins in the fourth calendar year after the vehicle model
year in the month corresponding to the date the vehicle was
originally registered. Even model year vehicles shall be
inspected and comply in even calendar years, and odd model
year vehicles shall be inspected and comply in odd calendar
years.
(6) The Agency and the Secretary of State shall
endeavor to ensure a smooth transition from test scheduling
from the provisions of subsection (a) to subsection (b).
Passing tests and waivers issued prior to the
implementation of this subsection (b) may be utilized to
establish compliance for a period of one year from the date
of the emissions or waiver inspection.
(7) For a $20 fee, to be paid into the Vehicle
Inspection Fund, the Agency may inspect:
(A) A vehicle registered in and subject to the

emissions inspections requirements of another state.
(B) A vehicle presented for inspection on a
voluntary basis.
Any fees collected under this paragraph (7) shall not
offset Motor Fuel Tax Funds normally appropriated for the
program.
(8) The following vehicles are not subject to
inspection:
(A) Vehicles not subject to registration under
Article IV of Chapter 3 of this Code, other than
vehicles owned by the federal government.
(B) Motorcycles, motor driven cycles, and
motorized pedalcycles.
(C) Farm vehicles and implements of husbandry.
(D) Implements of warfare owned by the State or
federal government.
(E) Antique vehicles, expanded-use antique
vehicles, custom vehicles, street rods, and vehicles
of model year 1967 or before.
(F) Vehicles operated exclusively for parade or
ceremonial purposes by any veterans, fraternal, or
civic organization, organized on a not-for-profit
basis.
(G) Vehicles for which the Secretary of State,
under Section 3-117 of this Code, has issued a Junking
Certificate.

(H) Diesel powered vehicles and vehicles that are
powered exclusively by electricity.
(I) Vehicles operated exclusively in organized
amateur or professional sporting activities, as
defined in Section 3.310 of the Environmental
Protection Act.
(J) Vehicles registered in, subject to, and in
compliance with the emission inspection requirements
of another state.
(K) Vehicles participating in an OBD continuous
monitoring program operated in accordance with
procedures adopted by the Agency.
(L) Vehicles of model year 1995 or earlier that do
not have an expired emissions test sticker or
certificate on February 1, 2007.
(M) Vehicles of model year 2006 or earlier with a
manufacturer gross vehicle weight rating between 8,501
and 14,000 pounds.
(N) Vehicles with a manufacturer gross vehicle
weight rating greater than 14,000 pounds.
The Agency may issue temporary or permanent exemption
certificates for vehicles temporarily or permanently
exempt from inspection under this paragraph (8). An
exemption sticker or certificate does not need to be
displayed.
(9) According to criteria that the Agency may adopt, a

motor vehicle may be exempted from the inspection
requirements of this Section by the Agency on the basis of
an Agency determination that the vehicle is located and
primarily used outside of the affected counties and in
other jurisdictions where vehicle emissions inspections
are not required. The Agency may issue an annual exemption
certificate without inspection for any vehicle exempted
from inspection under this paragraph (9).
(10) Any owner or lessee of a fleet of 15 or more motor
vehicles that are subject to inspection under this Section
may apply to the Agency for a permit to establish and
operate a private official inspection station in
accordance with rules adopted by the Agency.
(11) Pursuant to Title 40, Section 51.371 of the Code
of Federal Regulations, the Agency may establish a program
of on-road testing of in-use vehicles through the use of
remote sensing devices. In any such program, the Agency
shall evaluate the emission performance of 0.5% of the
subject fleet or 20,000 vehicles, whichever is less. Under
no circumstances shall on-road testing include any sort of
roadblock or roadside pullover or cause any type of traffic
delay. If, during the course of an on-road inspection, a
vehicle is found to exceed the on-road emissions standards
established for the model year and type of vehicle, the
Agency shall send a notice to the vehicle owner. The notice
shall document the occurrence and the results of the

on-road exceedance. The notice of a second on-road
exceedance shall indicate that the vehicle has been
reassigned and is subject to an out-of-cycle follow-up
inspection at an official inspection station. In no case
shall the Agency send a notice of an on-road exceedance to
the owner of a vehicle that was found to exceed the on-road
emissions standards established for the model year and type
of vehicle, if the vehicle is registered outside of the
affected counties.
(Source: P.A. 97-106, eff. 2-1-12; 97-412, eff. 1-1-12; revised
10-4-11.)
(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
Sec. 15-301. Permits for excess size and weight.
(a) The Department with respect to highways under its
jurisdiction and local authorities with respect to highways
under their jurisdiction may, in their discretion, upon
application and good cause being shown therefor, issue a
special permit authorizing the applicant to operate or move a
vehicle or combination of vehicles of a size or weight of
vehicle or load exceeding the maximum specified in this Act or
otherwise not in conformity with this Act upon any highway
under the jurisdiction of the party granting such permit and
for the maintenance of which the party is responsible.
Applications and permits other than those in written or printed
form may only be accepted from and issued to the company or

individual making the movement. Except for an application to
move directly across a highway, it shall be the duty of the
applicant to establish in the application that the load to be
moved by such vehicle or combination cannot reasonably be
dismantled or disassembled, the reasonableness of which shall
be determined by the Secretary of the Department. For the
purpose of over length movements, more than one object may be
carried side by side as long as the height, width, and weight
laws are not exceeded and the cause for the over length is not
due to multiple objects. For the purpose of over height
movements, more than one object may be carried as long as the
cause for the over height is not due to multiple objects and
the length, width, and weight laws are not exceeded. For the
purpose of an over width movement, more than one object may be
carried as long as the cause for the over width is not due to
multiple objects and length, height, and weight laws are not
exceeded. No state or local agency shall authorize the issuance
of excess size or weight permits for vehicles and loads that
are divisible and that can be carried, when divided, within the
existing size or weight maximums specified in this Chapter. Any
excess size or weight permit issued in violation of the
provisions of this Section shall be void at issue and any
movement made thereunder shall not be authorized under the
terms of the void permit. In any prosecution for a violation of
this Chapter when the authorization of an excess size or weight
permit is at issue, it is the burden of the defendant to

establish that the permit was valid because the load to be
moved could not reasonably be dismantled or disassembled, or
was otherwise nondivisible.
(b) The application for any such permit shall: (1) state
whether such permit is requested for a single trip or for
limited continuous operation; (2) state if the applicant is an
authorized carrier under the Illinois Motor Carrier of Property
Law, if so, his certificate, registration or permit number
issued by the Illinois Commerce Commission; (3) specifically
describe and identify the vehicle or vehicles and load to be
operated or moved except that for vehicles or vehicle
combinations registered by the Department as provided in
Section 15-319 of this Chapter, only the Illinois Department of
Transportation's (IDT) registration number or classification
need be given; (4) state the routing requested including the
points of origin and destination, and may identify and include
a request for routing to the nearest certified scale in
accordance with the Department's rules and regulations,
provided the applicant has approval to travel on local roads;
and (5) state if the vehicles or loads are being transported
for hire. No permits for the movement of a vehicle or load for
hire shall be issued to any applicant who is required under the
Illinois Motor Carrier of Property Law to have a certificate,
registration or permit and does not have such certificate,
registration or permit.
(c) The Department or local authority when not inconsistent

with traffic safety is authorized to issue or withhold such
permit at its discretion; or, if such permit is issued at its
discretion to prescribe the route or routes to be traveled, to
limit the number of trips, to establish seasonal or other time
limitations within which the vehicles described may be operated
on the highways indicated, or otherwise to limit or prescribe
conditions of operations of such vehicle or vehicles, when
necessary to assure against undue damage to the road
foundations, surfaces or structures, and may require such
undertaking or other security as may be deemed necessary to
compensate for any injury to any roadway or road structure. The
Department shall maintain a daily record of each permit issued
along with the fee and the stipulated dimensions, weights,
conditions and restrictions authorized and this record shall be
presumed correct in any case of questions or dispute. The
Department shall install an automatic device for recording
applications received and permits issued by telephone. In
making application by telephone, the Department and applicant
waive all objections to the recording of the conversation.
(d) The Department shall, upon application in writing from
any local authority, issue an annual permit authorizing the
local authority to move oversize highway construction,
transportation, utility and maintenance equipment over roads
under the jurisdiction of the Department. The permit shall be
applicable only to equipment and vehicles owned by or
registered in the name of the local authority, and no fee shall

be charged for the issuance of such permits.
(e) As an exception to paragraph (a) of this Section, the
Department and local authorities, with respect to highways
under their respective jurisdictions, in their discretion and
upon application in writing may issue a special permit for
limited continuous operation, authorizing the applicant to
move loads of agricultural commodities on a 2 axle single
vehicle registered by the Secretary of State with axle loads
not to exceed 35%, on a 3 or 4 axle vehicle registered by the
Secretary of State with axle loads not to exceed 20%, and on a
5 axle vehicle registered by the Secretary of State not to
exceed 10% above those provided in Section 15-111. The total
gross weight of the vehicle, however, may not exceed the
maximum gross weight of the registration class of the vehicle
allowed under Section 3-815 or 3-818 of this Code.
As used in this Section, "agricultural commodities" means:
(1) cultivated plants or agricultural produce grown
including, but is not limited to, corn, soybeans, wheat,
oats, grain sorghum, canola, and rice;
(2) livestock, including but not limited to hogs,
equine, sheep, and poultry;
(3) ensilage; and
(4) fruits and vegetables.
Permits may be issued for a period not to exceed 40 days
and moves may be made of a distance not to exceed 50 miles from
a field, an on-farm grain storage facility, a warehouse as

defined in the Illinois Grain Code, or a livestock management
facility as defined in the Livestock Management Facilities Act
over any highway except the National System of Interstate and
Defense Highways. The operator of the vehicle, however, must
abide by posted bridge and posted highway weight limits. All
implements of husbandry operating under this Section between
sunset and sunrise shall be equipped as prescribed in Section
12-205.1.
(e-1) Upon a declaration by the Governor that an emergency
harvest situation exists, a special permit issued by the
Department under this Section shall not be required from
September 1 through December 31 during harvest season
emergencies, provided that the weight does not exceed 20% above
the limits provided in Section 15-111. All other restrictions
that apply to permits issued under this Section shall apply
during the declared time period. With respect to highways under
the jurisdiction of local authorities, the local authorities
may, at their discretion, waive special permit requirements
during harvest season emergencies. This permit exemption shall
apply to all vehicles eligible to obtain permits under this
Section, including commercial vehicles in use during the
declared time period.
(f) The form and content of the permit shall be determined
by the Department with respect to highways under its
jurisdiction and by local authorities with respect to highways
under their jurisdiction. Every permit shall be in written form

and carried in the vehicle or combination of vehicles to which
it refers and shall be open to inspection by any police officer
or authorized agent of any authority granting the permit and no
person shall violate any of the terms or conditions of such
special permit. Violation of the terms and conditions of the
permit shall not be deemed a revocation of the permit; however,
any vehicle and load found to be off the route prescribed in
the permit shall be held to be operating without a permit. Any
off route vehicle and load shall be required to obtain a new
permit or permits, as necessary, to authorize the movement back
onto the original permit routing. No rule or regulation, nor
anything herein shall be construed to authorize any police
officer, court, or authorized agent of any authority granting
the permit to remove the permit from the possession of the
permittee unless the permittee is charged with a fraudulent
permit violation as provided in paragraph (i). However, upon
arrest for an offense of violation of permit, operating without
a permit when the vehicle is off route, or any size or weight
offense under this Chapter when the permittee plans to raise
the issuance of the permit as a defense, the permittee, or his
agent, must produce the permit at any court hearing concerning
the alleged offense.
If the permit designates and includes a routing to a
certified scale, the permittee permitee, while enroute to the
designated scale, shall be deemed in compliance with the weight
provisions of the permit provided the axle or gross weights do

not exceed any of the permitted limits by more than the
following amounts:
Single axle 2000 pounds
Tandem axle 3000 pounds
Gross 5000 pounds
(g) The Department is authorized to adopt, amend, and to
make available to interested persons a policy concerning
reasonable rules, limitations and conditions or provisions of
operation upon highways under its jurisdiction in addition to
those contained in this Section for the movement by special
permit of vehicles, combinations, or loads which cannot
reasonably be dismantled or disassembled, including
manufactured and modular home sections and portions thereof.
All rules, limitations and conditions or provisions adopted in
the policy shall have due regard for the safety of the
traveling public and the protection of the highway system and
shall have been promulgated in conformity with the provisions
of the Illinois Administrative Procedure Act. The requirements
of the policy for flagmen and escort vehicles shall be the same
for all moves of comparable size and weight. When escort
vehicles are required, they shall meet the following
requirements:
(1) All operators shall be 18 years of age or over and
properly licensed to operate the vehicle.
(2) Vehicles escorting oversized loads more than
12-feet wide must be equipped with a rotating or flashing

amber light mounted on top as specified under Section
12-215.
The Department shall establish reasonable rules and
regulations regarding liability insurance or self insurance
for vehicles with oversized loads promulgated under The
Illinois Administrative Procedure Act. Police vehicles may be
required for escort under circumstances as required by rules
and regulations of the Department.
(h) Violation of any rule, limitation or condition or
provision of any permit issued in accordance with the
provisions of this Section shall not render the entire permit
null and void but the violator shall be deemed guilty of
violation of permit and guilty of exceeding any size, weight or
load limitations in excess of those authorized by the permit.
The prescribed route or routes on the permit are not mere
rules, limitations, conditions, or provisions of the permit,
but are also the sole extent of the authorization granted by
the permit. If a vehicle and load are found to be off the route
or routes prescribed by any permit authorizing movement, the
vehicle and load are operating without a permit. Any off route
movement shall be subject to the size and weight maximums,
under the applicable provisions of this Chapter, as determined
by the type or class highway upon which the vehicle and load
are being operated.
(i) Whenever any vehicle is operated or movement made under
a fraudulent permit the permit shall be void, and the person,

firm, or corporation to whom such permit was granted, the
driver of such vehicle in addition to the person who issued
such permit and any accessory, shall be guilty of fraud and
either one or all persons may be prosecuted for such violation.
Any person, firm, or corporation committing such violation
shall be guilty of a Class 4 felony and the Department shall
not issue permits to the person, firm or corporation convicted
of such violation for a period of one year after the date of
conviction. Penalties for violations of this Section shall be
in addition to any penalties imposed for violation of other
Sections of this Act.
(j) Whenever any vehicle is operated or movement made in
violation of a permit issued in accordance with this Section,
the person to whom such permit was granted, or the driver of
such vehicle, is guilty of such violation and either, but not
both, persons may be prosecuted for such violation as stated in
this subsection (j). Any person, firm or corporation convicted
of such violation shall be guilty of a petty offense and shall
be fined for the first offense, not less than $50 nor more than
$200 and, for the second offense by the same person, firm or
corporation within a period of one year, not less than $200 nor
more than $300 and, for the third offense by the same person,
firm or corporation within a period of one year after the date
of the first offense, not less than $300 nor more than $500 and
the Department shall not issue permits to the person, firm or
corporation convicted of a third offense during a period of one

year after the date of conviction for such third offense.
(k) Whenever any vehicle is operated on local roads under
permits for excess width or length issued by local authorities,
such vehicle may be moved upon a State highway for a distance
not to exceed one-half mile without a permit for the purpose of
crossing the State highway.
(l) Notwithstanding any other provision of this Section,
the Department, with respect to highways under its
jurisdiction, and local authorities, with respect to highways
under their jurisdiction, may at their discretion authorize the
movement of a vehicle in violation of any size or weight
requirement, or both, that would not ordinarily be eligible for
a permit, when there is a showing of extreme necessity that the
vehicle and load should be moved without unnecessary delay.
For the purpose of this subsection, showing of extreme
necessity shall be limited to the following: shipments of
livestock, hazardous materials, liquid concrete being hauled
in a mobile cement mixer, or hot asphalt.
(m) Penalties for violations of this Section shall be in
addition to any penalties imposed for violating any other
Section of this Code.
(n) The Department with respect to highways under its
jurisdiction and local authorities with respect to highways
under their jurisdiction, in their discretion and upon
application in writing, may issue a special permit for
continuous limited operation, authorizing the applicant to

operate a tow-truck that exceeds the weight limits provided for
in subsection (a) of Section 15-111, provided:
(1) no rear single axle of the tow-truck exceeds 26,000
pounds;
(2) no rear tandem axle of the tow-truck exceeds 50,000
pounds;
(2.1) no triple rear axle on a manufactured recovery
unit exceeds 60,000 pounds;
(3) neither the disabled vehicle nor the disabled
combination of vehicles exceed the weight restrictions
imposed by this Chapter 15, or the weight limits imposed
under a permit issued by the Department prior to hookup;
(4) the tow-truck prior to hookup does not exceed the
weight restrictions imposed by this Chapter 15;
(5) during the tow operation the tow-truck does not
violate any weight restriction sign;
(6) the tow-truck is equipped with flashing, rotating,
or oscillating amber lights, visible for at least 500 feet
in all directions;
(7) the tow-truck is specifically designed and
licensed as a tow-truck;
(8) the tow-truck has a gross vehicle weight rating of
sufficient capacity to safely handle the load;
(9) the tow-truck is equipped with air brakes;
(10) the tow-truck is capable of utilizing the lighting
and braking systems of the disabled vehicle or combination

of vehicles;
(11) the tow commences at the initial point of wreck or
disablement and terminates at a point where the repairs are
actually to occur;
(12) the permit issued to the tow-truck is carried in
the tow-truck and exhibited on demand by a police officer;
and
(13) the movement shall be valid only on state routes
approved by the Department.
(o) The Department, with respect to highways under its
jurisdiction, and local authorities, with respect to highways
under their jurisdiction, in their discretion and upon
application in writing, may issue a special permit for
continuous limited operation, authorizing the applicant to
transport raw milk that exceeds the weight limits provided for
in subsection (a) of Section 15-111 of this Code, provided:
(1) no single axle exceeds 20,000 pounds;
(2) no gross weight exceeds 80,000 pounds;
(3) permits issued by the State are good only for
federal and State highways and are not applicable to
interstate highways; and
(4) all road and bridge postings must be obeyed.
(p) In determining whether a load may be reasonably
dismantled or disassembled for the purpose of paragraph (a),
the Department shall consider whether there is a significant
negative impact on the condition of the pavement and structures

along the proposed route, whether the load or vehicle as
proposed causes a safety hazard to the traveling public,
whether dismantling or disassembling the load promotes or
stifles economic development and whether the proposed route
travels less than 5 miles. A load is not required to be
dismantled or disassembled for the purposes of paragraph (a) if
the Secretary of the Department determines there will be no
significant negative impact to pavement or structures along the
proposed route, the proposed load or vehicle causes no safety
hazard to the traveling public, dismantling or disassembling
the load does not promote economic development and the proposed
route travels less than 5 miles. The Department may promulgate
rules for the purpose of establishing the divisibility of a
load pursuant to paragraph (a). Any load determined by the
Secretary to be nondivisible shall otherwise comply with the
existing size or weight maximums specified in this Chapter.
(Source: P.A. 97-201, eff. 1-1-12; 97-479, eff. 8-22-11;
revised 10-4-11.)
(625 ILCS 5/18a-405) (from Ch. 95 1/2, par. 18a-405)
Sec. 18a-405. Operator's employment permits - Expiration
and renewal. All operator's employment permits shall expire 2
years from the date of issuance by the Commission. The
Commission may temporarily extend the duration of an employment
permit for the pendency of a renewal application until formally
approved or denied. Upon filing, no earlier than 90 nor later

than 45 days prior to such expiration, of written application
for renewal, acknowledged before a notary public, in such form
and containing such information as the Commission shall by
regulation require, and accompanied by the required fee and
proof of possession of a valid driver's license issued by the
Secretary of State, the Commission shall, unless it has
received information of cause not to do so, renew the
applicant's operator's employment permit. If the Commission
does not renew such employment permit, it shall issue an order
setting forth the grounds for denial. The Commission may at any
time during the term of the employment permit make inquiry into
the conduct of the permittee permitee to determine that the
provisions of this Chapter 18A and the regulations of the
Commission promulgated thereunder are being adhered to.
(Source: P.A. 85-923; revised 11-21-11.)
(625 ILCS 5/18a-407) (from Ch. 95 1/2, par. 18a-407)
Sec. 18a-407. Dispatcher's employment permits, expiration
and renewal. All dispatcher's employment permits shall expire
2 years from the date of issuance by the Commission. The
Commission may temporarily extend the duration of an employment
permit for the pendency of a renewal application until formally
approved or denied. Upon filing, no earlier than 90 nor later
than 45 days prior to such expiration, of written application
for renewal, acknowledged before a notary public, in such form
and containing such information as the Commission shall by

regulation require, and accompanied by the required fee, the
Commission shall, unless it has received information of cause
not to do so, renew the applicant's dispatcher's employment
permit. If the Commission does not renew such employment
permit, it shall issue an order setting forth the grounds for
denial. The Commission may at any time during the term of the
employment permit make inquiry into the conduct of the
permittee permitee to determine that the provisions of this
Chapter 18A and the regulations of the Commission promulgated
thereunder are being observed.
(Source: P.A. 85-923; revised 11-21-11.)
Section 610. The Clerks of Courts Act is amended by
changing Section 27.3a as follows:
(705 ILCS 105/27.3a)
(Text of Section before amendment by P.A. 97-46)
Sec. 27.3a. Fees for automated record keeping and State
Police operations.
1. The expense of establishing and maintaining automated
record keeping systems in the offices of the clerks of the
circuit court shall be borne by the county. To defray such
expense in any county having established such an automated
system or which elects to establish such a system, the county
board may require the clerk of the circuit court in their
county to charge and collect a court automation fee of not less

than $1 nor more than $15 to be charged and collected by the
clerk of the court. Such fee shall be paid at the time of
filing the first pleading, paper or other appearance filed by
each party in all civil cases or by the defendant in any
felony, traffic, misdemeanor, municipal ordinance, or
conservation case upon a judgment of guilty or grant of
supervision, provided that the record keeping system which
processes the case category for which the fee is charged is
automated or has been approved for automation by the county
board, and provided further that no additional fee shall be
required if more than one party is presented in a single
pleading, paper or other appearance. Such fee shall be
collected in the manner in which all other fees or costs are
collected.
1.5. Starting on the effective date of this amendatory Act
of the 96th General Assembly, a clerk of the circuit court in
any county that imposes a fee pursuant to subsection 1 of this
Section, shall charge and collect an additional fee in an
amount equal to the amount of the fee imposed pursuant to
subsection 1 of this Section. This additional fee shall be paid
by the defendant in any felony, traffic, misdemeanor, local
ordinance, or conservation case upon a judgment of guilty or
grant of supervision.
2. With respect to the fee imposed under subsection 1 of
this Section, each clerk shall commence such charges and
collections upon receipt of written notice from the chairman of

the county board together with a certified copy of the board's
resolution, which the clerk shall file of record in his office.
3. With respect to the fee imposed under subsection 1 of
this Section, such fees shall be in addition to all other fees
and charges of such clerks, and assessable as costs, and may be
waived only if the judge specifically provides for the waiver
of the court automation fee. The fees shall be remitted monthly
by such clerk to the county treasurer, to be retained by him in
a special fund designated as the court automation fund. The
fund shall be audited by the county auditor, and the board
shall make expenditure from the fund in payment of any cost
related to the automation of court records, including hardware,
software, research and development costs and personnel related
thereto, provided that the expenditure is approved by the clerk
of the court and by the chief judge of the circuit court or his
designate.
4. With respect to the fee imposed under subsection 1 of
this Section, such fees shall not be charged in any matter
coming to any such clerk on change of venue, nor in any
proceeding to review the decision of any administrative
officer, agency or body.
5. With respect to the additional fee imposed under
subsection 1.5 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the State Police Operations Assistance
Fund.

6. With respect to the additional fees imposed under
subsection 1.5 of this Section, the Director of State Police
may direct the use of these fees for homeland security purposes
by transferring these fees on a quarterly basis from the State
Police Operations Assistance Fund into the Illinois Law
Enforcement Alarm Systems (ILEAS) Fund for homeland security
initiatives programs. The transferred fees shall be allocated,
subject to the approval of the ILEAS Executive Board, as
follows: (i) 66.6% shall be used for homeland security
initiatives and (ii) 33.3% shall be used for airborne
operations. The ILEAS Executive Board shall annually supply the
Director of State Police with a report of the use of these
fees.
(Source: P.A. 96-1029, eff. 7-13-10; 97-453, eff. 8-19-11.)
(Text of Section after amendment by P.A. 97-46)
Sec. 27.3a. Fees for automated record keeping and State and
Conservation Police operations.
1. The expense of establishing and maintaining automated
record keeping systems in the offices of the clerks of the
circuit court shall be borne by the county. To defray such
expense in any county having established such an automated
system or which elects to establish such a system, the county
board may require the clerk of the circuit court in their
county to charge and collect a court automation fee of not less
than $1 nor more than $15 to be charged and collected by the

clerk of the court. Such fee shall be paid at the time of
filing the first pleading, paper or other appearance filed by
each party in all civil cases or by the defendant in any
felony, traffic, misdemeanor, municipal ordinance, or
conservation case upon a judgment of guilty or grant of
supervision, provided that the record keeping system which
processes the case category for which the fee is charged is
automated or has been approved for automation by the county
board, and provided further that no additional fee shall be
required if more than one party is presented in a single
pleading, paper or other appearance. Such fee shall be
collected in the manner in which all other fees or costs are
collected.
1.5. Starting on the effective date of this amendatory Act
of the 96th General Assembly, a clerk of the circuit court in
any county that imposes a fee pursuant to subsection 1 of this
Section, shall charge and collect an additional fee in an
amount equal to the amount of the fee imposed pursuant to
subsection 1 of this Section. This additional fee shall be paid
by the defendant in any felony, traffic, misdemeanor, or local
ordinance case upon a judgment of guilty or grant of
supervision. This fee shall not be paid by the defendant for
any conservation violation listed in subsection 1.6 of this
Section.
1.6. Starting on July 1, 2012 (the effective date of Public
Act 97-46) this amendatory Act of the 97th General Assembly, a

clerk of the circuit court in any county that imposes a fee
pursuant to subsection 1 of this Section shall charge and
collect an additional fee in an amount equal to the amount of
the fee imposed pursuant to subsection 1 of this Section. This
additional fee shall be paid by the defendant upon a judgment
of guilty or grant of supervision for a conservation violation
under the State Parks Act, the Recreational Trails of Illinois
Act, the Illinois Explosives Act, the Timber Buyers Licensing
Act, the Forest Products Transportation Act, the Firearm Owners
Identification Card Act, the Environmental Protection Act, the
Fish and Aquatic Life Code, the Wildlife Code, the Cave
Protection Act, the Illinois Exotic Weed Act, the Illinois
Forestry Development Act, the Ginseng Harvesting Act, the
Illinois Lake Management Program Act, the Illinois Natural
Areas Preservation Act, the Illinois Open Land Trust Act, the
Open Space Lands Acquisition and Development Act, the Illinois
Prescribed Burning Act, the State Forest Act, the Water Use Act
of 1983, the Illinois Youth and Young Adult Employment Act of
1986, the Snowmobile Registration and Safety Act, the Boat
Registration and Safety Act, the Illinois Dangerous Animals
Act, the Hunter and Fishermen Interference Prohibition Act, the
Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2,
11-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or
11-1427.5 of the Illinois Vehicle Code.
2. With respect to the fee imposed under subsection 1 of
this Section, each clerk shall commence such charges and

collections upon receipt of written notice from the chairman of
the county board together with a certified copy of the board's
resolution, which the clerk shall file of record in his office.
3. With respect to the fee imposed under subsection 1 of
this Section, such fees shall be in addition to all other fees
and charges of such clerks, and assessable as costs, and may be
waived only if the judge specifically provides for the waiver
of the court automation fee. The fees shall be remitted monthly
by such clerk to the county treasurer, to be retained by him in
a special fund designated as the court automation fund. The
fund shall be audited by the county auditor, and the board
shall make expenditure from the fund in payment of any cost
related to the automation of court records, including hardware,
software, research and development costs and personnel related
thereto, provided that the expenditure is approved by the clerk
of the court and by the chief judge of the circuit court or his
designate.
4. With respect to the fee imposed under subsection 1 of
this Section, such fees shall not be charged in any matter
coming to any such clerk on change of venue, nor in any
proceeding to review the decision of any administrative
officer, agency or body.
5. With respect to the additional fee imposed under
subsection 1.5 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the State Police Operations Assistance

Fund.
6. With respect to the additional fees imposed under
subsection 1.5 of this Section, the Director of State Police
may direct the use of these fees for homeland security purposes
by transferring these fees on a quarterly basis from the State
Police Operations Assistance Fund into the Illinois Law
Enforcement Alarm Systems (ILEAS) Fund for homeland security
initiatives programs. The transferred fees shall be allocated,
subject to the approval of the ILEAS Executive Board, as
follows: (i) 66.6% shall be used for homeland security
initiatives and (ii) 33.3% shall be used for airborne
operations. The ILEAS Executive Board shall annually supply the
Director of State Police with a report of the use of these
fees.
7. 6. With respect to the additional fee imposed under
subsection 1.6 of this Section, the fee shall be remitted by
the circuit clerk to the State Treasurer within one month after
receipt for deposit into the Conservation Police Operations
Assistance Fund.
(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12;
97-453, eff. 8-19-11; revised 10-4-11.)
Section 615. The Juvenile Court Act of 1987 is amended by
changing Section 1-8 as follows:
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)

Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, his
parents, guardian and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing an
arrest or search warrant or other compulsory process, or to
conducting an ongoing investigation or relating to a minor
who has been adjudicated delinquent and there has been a
previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang.
Before July 1, 1994, for the purposes of this Section,
"criminal street gang" means any ongoing organization,
association, or group of 3 or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more criminal acts and that has a
common name or common identifying sign, symbol or specific
color apparel displayed, and whose members individually or
collectively engage in or have engaged in a pattern of
criminal activity.
Beginning July 1, 1994, for purposes of this Section,
"criminal street gang" has the meaning ascribed to it in

Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(3) Judges, hearing officers, prosecutors, probation
officers, social workers or other individuals assigned by
the court to conduct a pre-adjudication or predisposition
investigation, and individuals responsible for supervising
or providing temporary or permanent care and custody for
minors pursuant to the order of the juvenile court when
essential to performing their responsibilities.
(4) Judges, prosecutors and probation officers:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805; or
(b) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a proceeding to determine the amount of
bail; or
(c) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a pre-trial investigation, pre-sentence
investigation or fitness hearing, or proceedings on an
application for probation; or
(d) when a minor becomes 17 years of age or older,
and is the subject of criminal proceedings, including a
hearing to determine the amount of bail, a pre-trial
investigation, a pre-sentence investigation, a fitness

hearing, or proceedings on an application for
probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court and
the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity and
protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of the Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary of
State, courts, and police officers.
(10) The administrator of a bonafide substance abuse
student assistance program with the permission of the
presiding judge of the juvenile court.
(11) Mental health professionals on behalf of the
Illinois Department of Corrections or the Department of

Human Services or prosecutors who are evaluating,
prosecuting, or investigating a potential or actual
petition brought under the Sexually Violent Persons
Commitment Act relating to a person who is the subject of
juvenile court records or the respondent to a petition
brought under the Sexually Violent Persons Commitment Act,
who is the subject of juvenile court records sought. Any
records and any information obtained from those records
under this paragraph (11) may be used only in sexually
violent persons commitment proceedings.
(A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be
disclosed, in a manner and form approved by the Presiding Judge
of the Juvenile Court, to the Department of Healthcare and
Family Services when necessary to discharge the duties of the
Department of Healthcare and Family Services under Article X of
the Illinois Public Aid Code.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
(C) Except as otherwise provided in this subsection (C),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court

presiding over matters pursuant to this Act.
(0.1) In cases where the records concern a pending
juvenile court case, the party seeking to inspect the
juvenile court records shall provide actual notice to the
attorney or guardian ad litem of the minor whose records
are sought.
(0.2) In cases where the records concern a juvenile
court case that is no longer pending, the party seeking to
inspect the juvenile court records shall provide actual
notice to the minor or the minor's parent or legal
guardian, and the matter shall be referred to the chief
judge presiding over matters pursuant to this Act.
(0.3) In determining whether the records should be
available for inspection, the court shall consider the
minor's interest in confidentiality and rehabilitation
over the moving party's interest in obtaining the
information. The State's Attorney, the minor, and the
minor's parents, guardian, and counsel shall at all times
have the right to examine court files and records. For
purposes of obtaining documents pursuant to this Section, a
civil subpoena is not an order of the court.
(0.4) Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from
subsequently holding public office, or operate as a
forfeiture of any public benefit, right, privilege, or

right to receive any license granted by public authority.
(1) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
adjudicated a delinquent minor under this Act under either
of the following circumstances:
(A) The adjudication of delinquency was based upon
the minor's commission of first degree murder, attempt
to commit first degree murder, aggravated criminal
sexual assault, or criminal sexual assault; or
(B) The court has made a finding that the minor was
at least 13 years of age at the time the act was
committed and the adjudication of delinquency was
based upon the minor's commission of: (i) an act in
furtherance of the commission of a felony as a member
of or on behalf of a criminal street gang, (ii) an act
involving the use of a firearm in the commission of a
felony, (iii) an act that would be a Class X felony
offense under or the minor's second or subsequent Class
2 or greater felony offense under the Cannabis Control
Act if committed by an adult, (iv) an act that would be
a second or subsequent offense under Section 402 of the
Illinois Controlled Substances Act if committed by an
adult, (v) an act that would be an offense under
Section 401 of the Illinois Controlled Substances Act
if committed by an adult, (vi) an act that would be a
second or subsequent offense under Section 60 of the

Methamphetamine Control and Community Protection Act,
or (vii) an act that would be an offense under another
Section of the Methamphetamine Control and Community
Protection Act.
(2) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
at least 13 years of age at the time the offense is
committed and who is convicted, in criminal proceedings
permitted or required under Section 5-4, under either of
the following circumstances:
(A) The minor has been convicted of first degree
murder, attempt to commit first degree murder,
aggravated criminal sexual assault, or criminal sexual
assault,
(B) The court has made a finding that the minor was
at least 13 years of age at the time the offense was
committed and the conviction was based upon the minor's
commission of: (i) an offense in furtherance of the
commission of a felony as a member of or on behalf of a
criminal street gang, (ii) an offense involving the use
of a firearm in the commission of a felony, (iii) a
Class X felony offense under or a second or subsequent
Class 2 or greater felony offense under the Cannabis
Control Act, (iv) a second or subsequent offense under
Section 402 of the Illinois Controlled Substances Act,
(v) an offense under Section 401 of the Illinois

Controlled Substances Act, (vi) an act that would be a
second or subsequent offense under Section 60 of the
Methamphetamine Control and Community Protection Act,
or (vii) an act that would be an offense under another
Section of the Methamphetamine Control and Community
Protection Act.
(D) Pending or following any adjudication of delinquency
for any offense defined in Sections 11-1.20 through 11-1.60 or
12-13 through 12-16 of the Criminal Code of 1961, the victim of
any such offense shall receive the rights set out in Sections 4
and 6 of the Bill of Rights for Victims and Witnesses of
Violent Crime Act; and the juvenile who is the subject of the
adjudication, notwithstanding any other provision of this Act,
shall be treated as an adult for the purpose of affording such
rights to the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of any state,
county or municipality examining the character and fitness of
an applicant for employment with a law enforcement agency,
correctional institution, or fire department to ascertain
whether that applicant was ever adjudicated to be a delinquent
minor and, if so, to examine the records of disposition or
evidence which were made in proceedings under this Act.
(F) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section

24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961, the
State's Attorney shall ascertain whether the minor respondent
is enrolled in school and, if so, shall provide a copy of the
dispositional order to the principal or chief administrative
officer of the school. Access to such juvenile records shall be
limited to the principal or chief administrative officer of the
school and any guidance counselor designated by him.
(G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(H) When a Court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under Article
II had been heard in a different county, that Court shall
request, and the Court in which the earlier proceedings were
initiated shall transmit, an authenticated copy of the Court
record, including all documents, petitions, and orders filed
therein and the minute orders, transcript of proceedings, and
docket entries of the Court.
(I) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required by
the Department of State Police, the final disposition of each
minor who has been arrested or taken into custody before his or
her 17th birthday for those offenses required to be reported

under Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be maintained
with records that the Department files under Section 2.1 of the
Criminal Identification Act.
(Source: P.A. 95-123, eff. 8-13-07; 96-212, eff. 8-10-09;
96-1551, eff. 7-1-11; revised 11-21-11.)
Section 620. The Criminal Code of 1961 is amended by
changing Sections 10-5, 21-3, 24-3, 26-1, and 26-4 and the
heading of Article 24.6 as follows:
(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 intellectually disabled.
(2) "Detains" means taking or retaining physical
custody of a child, whether or not the child resists or
objects.
(2.1) "Express consent" means oral or written
permission that is positive, direct, and unequivocal,
requiring no inference or implication to supply its
meaning.
(2.2) "Luring" means any knowing act to solicit,

entice, tempt, or attempt to attract the minor.
(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
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.
(5) "Unlawful purpose" means any misdemeanor or felony
violation of State law or a similar federal or sister state
law or local ordinance.
(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
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
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 trier of
fact may infer that luring or attempted luring of a child
under the age of 16 into a motor vehicle, building,

housetrailer, or dwelling place without the express
consent of the child's parent or lawful custodian or with
the intent to avoid the express consent of the child's
parent or lawful custodian was for 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:
(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
child abduction under subsection (b)(10) shall undergo a sex
offender evaluation prior to a sentence being imposed. 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. A person convicted of child abduction under subsection
(b)(10) when the person has a prior conviction of a sex offense
as defined in the Sex Offender Registration Act or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign government offense is guilty
of a Class 2 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 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
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
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. 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10;
97-160, eff. 1-1-12; 97-227, eff. 1-1-12; revised 9-12-11.)
(720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
Sec. 21-3. Criminal trespass to real property.
(a) Except as provided in subsection (a-5), whoever:
(1) knowingly and without lawful authority enters or
remains within or on a building; or
(2) enters upon the land of another, after receiving,
prior to such entry, notice from the owner or occupant that
such entry is forbidden; or
(3) remains upon the land of another, after receiving
notice from the owner or occupant to depart; or
(3.5) presents false documents or falsely represents
his or her identity orally to the owner or occupant of a
building or land in order to obtain permission from the
owner or occupant to enter or remain in the building or on
the land;
commits a Class B misdemeanor.
For purposes of item (1) of this subsection, this Section
shall not apply to being in a building which is open to the
public while the building is open to the public during its
normal hours of operation; nor shall this Section apply to a
person who enters a public building under the reasonable belief

that the building is still open to the public.
(a-5) Except as otherwise provided in this subsection,
whoever enters upon any of the following areas in or on a motor
vehicle (including an off-road vehicle, motorcycle, moped, or
any other powered two-wheel vehicle) after receiving, prior to
that entry, notice from the owner or occupant that the entry is
forbidden or remains upon or in the area after receiving notice
from the owner or occupant to depart commits a Class A
misdemeanor:
(1) A field that is used for growing crops or that is
capable of being used for growing crops.
(2) An enclosed area containing livestock.
(3) An orchard.
(4) A barn or other agricultural building containing
livestock.
(b) A person has received notice from the owner or occupant
within the meaning of Subsection (a) if he has been notified
personally, either orally or in writing including a valid court
order as defined by subsection (7) of Section 112A-3 of the
Code of Criminal Procedure of 1963 granting remedy (2) of
subsection (b) of Section 112A-14 of that Code, or if a printed
or written notice forbidding such entry has been conspicuously
posted or exhibited at the main entrance to such land or the
forbidden part thereof.
(b-5) Subject to the provisions of subsection (b-10), as an
alternative to the posting of real property as set forth in

subsection (b), the owner or lessee of any real property may
post the property by placing identifying purple marks on trees
or posts around the area to be posted. Each purple mark shall
be:
(1) A vertical line of at least 8 inches in length and
the bottom of the mark shall be no less than 3 feet nor
more than 5 feet high. Such marks shall be placed no more
than 100 feet apart and shall be readily visible to any
person approaching the property; or
(2) A post capped or otherwise marked on at least its
top 2 inches. The bottom of the cap or mark shall be not
less than 3 feet but not more than 5 feet 6 inches high.
Posts so marked shall be placed not more than 36 feet apart
and shall be readily visible to any person approaching the
property. Prior to applying a cap or mark which is visible
from both sides of a fence shared by different property
owners or lessees, all such owners or lessees shall concur
in the decision to post their own property.
Nothing in this subsection (b-5) shall be construed to
authorize the owner or lessee of any real property to place any
purple marks on any tree or post or to install any post or
fence if doing so would violate any applicable law, rule,
ordinance, order, covenant, bylaw, declaration, regulation,
restriction, contract, or instrument.
(b-10) Any owner or lessee who marks his or her real
property using the method described in subsection (b-5) must

also provide notice as described in subsection (b) of this
Section. The public of this State shall be informed of the
provisions of subsection (b-5) of this Section by the Illinois
Department of Agriculture and the Illinois Department of
Natural Resources. These Departments shall conduct an
information campaign for the general public concerning the
interpretation and implementation of subsection (b-5). The
information shall inform the public about the marking
requirements and the applicability of subsection (b-5)
including information regarding the size requirements of the
markings as well as the manner in which the markings shall be
displayed. The Departments shall also include information
regarding the requirement that, until the date this subsection
becomes inoperative, any owner or lessee who chooses to mark
his or her property using paint, must also comply with one of
the notice requirements listed in subsection (b). The
Departments may prepare a brochure or may disseminate the
information through agency websites. Non-governmental
organizations including, but not limited to, the Illinois
Forestry Association, Illinois Tree Farm and the Walnut Council
may help to disseminate the information regarding the
requirements and applicability of subsection (b-5) based on
materials provided by the Departments. This subsection (b-10)
is inoperative on and after January 1, 2013.
(b-15) Subsections (b-5) and (b-10) do not apply to real
property located in a municipality of over 2,000,000

inhabitants.
(c) This Section does not apply to any person, whether a
migrant worker or otherwise, living on the land with permission
of the owner or of his agent having apparent authority to hire
workers on such land and assign them living quarters or a place
of accommodations for living thereon, nor to anyone living on
such land at the request of, or by occupancy, leasing or other
agreement or arrangement with the owner or his agent, nor to
anyone invited by such migrant worker or other person so living
on such land to visit him at the place he is so living upon the
land.
(d) A person shall be exempt from prosecution under this
Section if he beautifies unoccupied and abandoned residential
and industrial properties located within any municipality. For
the purpose of this subsection, "unoccupied and abandoned
residential and industrial property" means any real estate (1)
in which the taxes have not been paid for a period of at least 2
years; and (2) which has been left unoccupied and abandoned for
a period of at least one year; and "beautifies" means to
landscape, clean up litter, or to repair dilapidated conditions
on or to board up windows and doors.
(e) No person shall be liable in any civil action for money
damages to the owner of unoccupied and abandoned residential
and industrial property which that person beautifies pursuant
to subsection (d) of this Section.
(f) This Section does not prohibit a person from entering a

building or upon the land of another for emergency purposes.
For purposes of this subsection (f), "emergency" means a
condition or circumstance in which an individual is or is
reasonably believed by the person to be in imminent danger of
serious bodily harm or in which property is or is reasonably
believed to be in imminent danger of damage or destruction.
(g) Paragraph (3.5) of subsection (a) does not apply to a
peace officer or other official of a unit of government who
enters a building or land in the performance of his or her
official duties.
(h) A person may be liable in any civil action for money
damages to the owner of the land he or she entered upon with a
motor vehicle as prohibited under subsection (a-5) of this
Section. A person may also be liable to the owner for court
costs and reasonable attorney's fees. The measure of damages
shall be: (i) the actual damages, but not less than $250, if
the vehicle is operated in a nature preserve or registered area
as defined in Sections 3.11 and 3.14 of the Illinois Natural
Areas Preservation Act; (ii) twice the actual damages if the
owner has previously notified the person to cease trespassing;
or (iii) in any other case, the actual damages, but not less
than $50. If the person operating the vehicle is under the age
of 16, the owner of the vehicle and the parent or legal
guardian of the minor are jointly and severally liable. For the
purposes of this subsection (h):
"Land" includes, but is not limited to, land used for

crop land, fallow land, orchard, pasture, feed lot, timber
land, prairie land, mine spoil nature preserves and
registered areas. "Land" does not include driveways or
private roadways upon which the owner allows the public to
drive.
"Owner" means the person who has the right to
possession of the land, including the owner, operator or
tenant.
"Vehicle" has the same meaning as provided under
Section 1-217 of the Illinois Vehicle Code.
(i) This Section does not apply to the following persons
while serving process:
(1) a person authorized to serve process under Section
2-202 of the Code of Civil Procedure; or
(2) a special process server appointed by the circuit
court.
(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11;
revised 9-14-11.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of

age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental hospital within the past 5
years.
(f) Sells or gives any firearms to any person who is
intellectually disabled.
(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without
withholding delivery of such firearm for at least 72 hours
after application for its purchase has been made, or
delivers any rifle, shotgun or other long gun, or a stun
gun or taser, incidental to a sale, without withholding
delivery of such rifle, shotgun or other long gun, or a
stun gun or taser for at least 24 hours after application
for its purchase has been made. However, this paragraph (g)
does not apply to: (1) the sale of a firearm to a law
enforcement officer if the seller of the firearm knows that
the person to whom he or she is selling the firearm is a
law enforcement officer or the sale of a firearm to a

person who desires to purchase a firearm for use in
promoting the public interest incident to his or her
employment as a bank guard, armed truck guard, or other
similar employment; (2) a mail order sale of a firearm to a
nonresident of Illinois under which the firearm is mailed
to a point outside the boundaries of Illinois; (3) the sale
of a firearm to a nonresident of Illinois while at a
firearm showing or display recognized by the Illinois
Department of State Police; or (4) the sale of a firearm to
a dealer licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). For purposes of this paragraph (g),
"application" means when the buyer and seller reach an
agreement to purchase a firearm.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be

assembled.
(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm
Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail without
being licensed as a federal firearms dealer under Section
923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
In this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other intents,
such as improving or liquidating a personal firearms
collection; however, proof of profit shall not be required
as to a person who engages in the regular and repetitive
purchase and disposition of firearms for criminal purposes
or terrorism.
(k) Sells or transfers ownership of a firearm to a

person who does not display to the seller or transferor of
the firearm a currently valid Firearm Owner's
Identification Card that has previously been issued in the
transferee's name by the Department of State Police under
the provisions of the Firearm Owners Identification Card
Act. This paragraph (k) does not apply to the transfer of a
firearm to a person who is exempt from the requirement of
possessing a Firearm Owner's Identification Card under
Section 2 of the Firearm Owners Identification Card Act.
For the purposes of this Section, a currently valid Firearm
Owner's Identification Card means (i) a Firearm Owner's
Identification Card that has not expired or (ii) if the
transferor is licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923), an approval number issued in accordance with
Section 3.1 of the Firearm Owners Identification Card Act
shall be proof that the Firearm Owner's Identification Card
was valid.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses a
firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is stolen
or converted.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act

78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment of
Public Act 78-355 subject to confiscation or seizure under the
provisions of that Public Act. Nothing in Public Act 78-355
shall be construed to prohibit the gift or trade of any firearm
if that firearm was legally held or acquired within 6 months
after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection (A)
commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real property
comprising a school, at a school related activity, or on or
within 1,000 feet of any conveyance owned, leased, or
contracted by a school or school district to transport
students to or from school or a school related activity,

regardless of the time of day or time of year at which the
offense was committed, commits a Class 1 felony. Any person
convicted of a second or subsequent violation of unlawful
sale or delivery of firearms in violation of paragraph (a),
(b), or (i) of subsection (A) in any school, on the real
property comprising a school, within 1,000 feet of the real
property comprising a school, at a school related activity,
or on or within 1,000 feet of any conveyance owned, leased,
or contracted by a school or school district to transport
students to or from school or a school related activity,
regardless of the time of day or time of year at which the
offense was committed, commits a Class 1 felony for which
the sentence shall be a term of imprisonment of no less
than 5 years and no more than 15 years.
(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of
subsection (A) 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
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, or on any public way
within 1,000 feet of the real property comprising any

public park, courthouse, 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.
(6) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (j) of subsection (A)
commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection (A)
commits a Class 4 felony. A third or subsequent conviction
for a violation of paragraph (k) of subsection (A) is a
Class 1 felony.
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of
age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both, not
to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection (A)
commits a Class 3 felony.
(10) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (l) of subsection (A)
commits a Class 2 felony if the delivery is of one firearm.
Any person convicted of unlawful sale or delivery of
firearms in violation of paragraph (l) of subsection (A)
commits a Class 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or
within a one year period. Any person convicted of unlawful
sale or delivery of firearms in violation of paragraph (l)
of subsection (A) commits a Class X felony for which he or
she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years if the
delivery is of not less than 6 and not more than 10
firearms at the same time or within a 2 year period. Any
person convicted of unlawful sale or delivery of firearms
in violation of paragraph (l) of subsection (A) commits a
Class X felony for which he or she shall be sentenced to a
term of imprisonment of not less than 6 years and not more
than 40 years if the delivery is of not less than 11 and
not more than 20 firearms at the same time or within a 3
year period. Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (l) of
subsection (A) commits a Class X felony for which he or she
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 50 years if the delivery is
of not less than 21 and not more than 30 firearms at the
same time or within a 4 year period. Any person convicted

of unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5 year period.
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or in
part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
eff. 1-1-12; revised 9-14-11.)
(720 ILCS 5/Art. 24.6 heading)
ARTICLE 24.6. LASERS LASER AND LASER POINTERS
(Source: P.A. 97-153, eff. 1-1-12; revised 11-21-11.)

(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
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
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, the Specialized Mental Health
Rehabilitation Act, or the ID/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
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) or (a)(11) 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), (a)(12), 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)
or (a)(11) 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
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; 96-1000, eff. 7-2-10; 96-1261, eff.
1-1-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised
9-14-11.)
(720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
Sec. 26-4. Unauthorized video recording and live video
transmission.
(a) It is unlawful for any person to knowingly make a video
record or transmit live video of another person without that
person's consent in a restroom, tanning bed, tanning salon,
locker room, changing room, or hotel bedroom.
(a-5) It is unlawful for any person to knowingly make a
video record or transmit live video of another person in that
other person's residence without that person's consent.
(a-6) It is unlawful for any person to knowingly make a

video record or transmit live video of another person in that
other person's residence without that person's consent when the
recording or transmission is made outside that person's
residence by use of an audio or video device that records or
transmits from a remote location.
(a-10) It is unlawful for any person to knowingly make a
video record or transmit live video of another person under or
through the clothing worn by that other person for the purpose
of viewing the body of or the undergarments worn by that other
person without that person's consent.
(a-15) It is unlawful for any person to place or cause to
be placed a device that makes a video record or transmits a
live video in a restroom, tanning bed, tanning salon, locker
room, changing room, or hotel bedroom with the intent to make a
video record or transmit live video of another person without
that person's consent.
(a-20) It is unlawful for any person to place or cause to
be placed a device that makes a video record or transmits a
live video with the intent to make a video record or transmit
live video of another person in that other person's residence
without that person's consent.
(a-25) It is unlawful for any person to, by any means,
knowingly disseminate, or permit to be disseminated, a video
record or live video that he or she knows to have been made or
transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15),
or (a-20).

(b) Exemptions. The following activities shall be exempt
from the provisions of this Section:
(1) The making of a video record or transmission of
live video by law enforcement officers pursuant to a
criminal investigation, which is otherwise lawful;
(2) The making of a video record or transmission of
live video by correctional officials for security reasons
or for investigation of alleged misconduct involving a
person committed to the Department of Corrections; and .
(3) The making of a video record or transmission of
live video in a locker room by a reporter or news medium,
as those terms are defined in Section 8-902 of the Code of
Civil Procedure, where the reporter or news medium has been
granted access to the locker room by an appropriate
authority for the purpose of conducting interviews.
(c) The provisions of this Section do not apply to any
sound recording or transmission of an oral conversation made as
the result of the making of a video record or transmission of
live video, and to which Article 14 of this Code applies.
(d) Sentence.
(1) A violation of subsection (a-10), (a-15), or (a-20)
is a Class A misdemeanor.
(2) A violation of subsection (a), (a-5), or (a-6) is a
Class 4 felony.
(3) A violation of subsection (a-25) is a Class 3
felony.

(4) A violation of subsection (a), (a-5), (a-6),
(a-10), (a-15) or (a-20) is a Class 3 felony if the victim
is a person under 18 years of age or if the violation is
committed by an individual who is required to register as a
sex offender under the Sex Offender Registration Act.
(5) A violation of subsection (a-25) is a Class 2
felony if the victim is a person under 18 years of age or
if the violation is committed by an individual who is
required to register as a sex offender under the Sex
Offender Registration Act.
(e) For purposes of this Section:
(1) "Residence" includes a rental dwelling, but does
not include stairwells, corridors, laundry facilities, or
additional areas in which the general public has access.
(2) "Video record" means and includes any videotape,
photograph, film, or other electronic or digital recording
of a still or moving visual image; and "live video" means
and includes any real-time or contemporaneous electronic
or digital transmission of a still or moving visual image.
(Source: P.A. 95-178, eff. 8-14-07; 95-265, eff. 1-1-08;
95-876, eff. 8-21-08; 96-416, eff. 1-1-10; revised 11-21-11.)
Section 625. The Cannabis Control Act is amended by
changing Section 12 as follows:
(720 ILCS 550/12) (from Ch. 56 1/2, par. 712)

Sec. 12. (a) The following are subject to forfeiture:
(1) all substances containing cannabis which have been
produced, manufactured, delivered, or possessed in
violation of this Act;
(2) all raw materials, products and equipment of any
kind which are produced, delivered, or possessed in
connection with any substance containing cannabis in
violation of this Act;
(3) 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 paragraph (1) or (2) that constitutes a felony violation
of the Act, 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 Act;
(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 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 neither had knowledge of nor
consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended for
use in a felony violation of this Act;
(5) everything of value furnished or intended to be
furnished by any person in exchange for a substance in
violation of this Act, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, and
securities used, or intended to be used, to commit or in
any manner to facilitate any felony violation of this Act;
(6) all real property, including any right, title, and
interest including, but not limited to, any leasehold
interest or the beneficial interest to a land trust, in the
whole of any lot or tract of land and any appurtenances or
improvements, that is used or intended to be used to
facilitate the manufacture, distribution, sale, receipt,
or concealment of property described in paragraph (1) or
(2) of this subsection (a) that constitutes a felony
violation of more than 2,000 grams of a substance
containing cannabis or that is the proceeds of any felony
violation of this Act.
(b) Property subject to forfeiture under this Act 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:
(1) 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 Act or the Drug Asset Forfeiture
Procedure Act;
(2) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(3) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(4) in accordance with the Code of Criminal Procedure
of 1963.
(c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
(c-1) In the event the State's Attorney is of the opinion
that real property is subject to forfeiture under this Act,

forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act. The exemptions from
forfeiture provisions of Section 8 of the Drug Asset Forfeiture
Procedure Act are applicable.
(d) 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 the
Drug Asset Forfeiture Procedure Act. When property is seized
under this Act, the seizing agency shall promptly conduct an
inventory of the seized property, 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:
(1) place the property under seal;
(2) remove the property to a place designated by him;
(3) keep the property in the possession of the seizing
agency;
(4) 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 purposes,
deposit it in an interest bearing account;
(5) 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
(6) 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.
(e) No disposition may be made of property under seal until
the time for taking an appeal has elapsed or until all appeals
have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court.
(f) When property is forfeited under this Act 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 subsection (g).
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 relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or prosecutor
in their enforcement efforts. When any forfeited conveyance,
including an aircraft, vehicle, or vessel, is returned to the

seizing agency or prosecutor, the conveyance may be used
immediately in the enforcement of the criminal laws of this
State. Upon disposal, all proceeds from the sale of the
conveyance must be used for drug enforcement purposes. When any
real property returned to the seizing agency is sold by the
agency or its unit of government, the proceeds of the sale
shall be delivered to the Director and distributed in
accordance with subsection (g).
(g) All monies and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
(1) 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
governing cannabis and controlled substances or for
security cameras used for the prevention or detection of
violence, except that amounts distributed to the Secretary

of State shall be deposited into the Secretary of State
Evidence Fund to be used as provided in Section 2-115 of
the Illinois Vehicle Code.
(2)(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
governing cannabis and controlled substances, or at the
discretion of the State's Attorney, in addition to other
authorized purposes, to make grants to local substance
abuse treatment facilities and half-way houses. In
counties over 3,000,000 population, 25% will be
distributed to the Office of the State's Attorney for use
in the enforcement of laws governing cannabis and
controlled substances, or at the discretion of the State's
Attorney, in addition to other authorized purposes, to make
grants to local substance abuse treatment facilities and
half-way houses. 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 governing cannabis and controlled
substances.
(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 governing cannabis and controlled substances.
The Office of the State's Attorneys Appellate Prosecutor
shall not receive distribution from cases brought in
counties with over 3,000,000 population.
(3) 10% shall be retained by the Department of State
Police for expenses related to the administration and sale
of seized and forfeited property.
(Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; revised
9-14-11.)
Section 630. The Illinois Controlled Substances Act is
amended by changing Sections 204, 302, 303.05, 304, 318, and
505 as follows:
(720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)
Sec. 204. (a) The controlled substances listed in this
Section are included in Schedule I.
(b) Unless specifically excepted or unless listed in
another schedule, any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, esters,
and ethers, whenever the existence of such isomers, esters,
ethers and salts is possible within the specific chemical
designation:
(1) Acetylmethadol;

(1.1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-
4-piperidinyl]-N-phenylacetamide);
(2) Allylprodine;
(3) Alphacetylmethadol, except
levo-alphacetylmethadol (also known as levo-alpha-
acetylmethadol, levomethadyl acetate, or LAAM);
(4) Alphameprodine;
(5) Alphamethadol;
(6) Alpha-methylfentanyl
(N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
propanilido) piperidine;
(6.1) Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-
4-piperidinyl]-N-phenylpropanamide);
(7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);
(7.1) PEPAP
(1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(8) Benzethidine;
(9) Betacetylmethadol;
(9.1) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl)-
4-piperidinyl]-N-phenylpropanamide);
(10) Betameprodine;
(11) Betamethadol;

(12) Betaprodine;
(13) Clonitazene;
(14) Dextromoramide;
(15) Diampromide;
(16) Diethylthiambutene;
(17) Difenoxin;
(18) Dimenoxadol;
(19) Dimepheptanol;
(20) Dimethylthiambutene;
(21) Dioxaphetylbutyrate;
(22) Dipipanone;
(23) Ethylmethylthiambutene;
(24) Etonitazene;
(25) Etoxeridine;
(26) Furethidine;
(27) Hydroxpethidine;
(28) Ketobemidone;
(29) Levomoramide;
(30) Levophenacylmorphan;
(31) 3-Methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-
4-piperidyl]-N-phenylpropanamide);
(31.1) 3-Methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-
4-piperidinyl]-N-phenylpropanamide);
(32) Morpheridine;

(33) Noracymethadol;
(34) Norlevorphanol;
(35) Normethadone;
(36) Norpipanone;
(36.1) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
4-piperidinyl]propanamide);
(37) Phenadoxone;
(38) Phenampromide;
(39) Phenomorphan;
(40) Phenoperidine;
(41) Piritramide;
(42) Proheptazine;
(43) Properidine;
(44) Propiram;
(45) Racemoramide;
(45.1) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-
4-piperidinyl]-propanamide);
(46) Tilidine;
(47) Trimeperidine;
(48) Beta-hydroxy-3-methylfentanyl (other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
N-phenylpropanamide).
(c) Unless specifically excepted or unless listed in
another schedule, any of the following opium derivatives, its

salts, isomers and salts of isomers, whenever the existence of
such salts, isomers and salts of isomers is possible within the
specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Diacetyldihydromorphine (Dihydroheroin);
(9) Dihydromorphine;
(10) Drotebanol;
(11) Etorphine (except hydrochloride salt);
(12) Heroin;
(13) Hydromorphinol;
(14) Methyldesorphine;
(15) Methyldihydromorphine;
(16) Morphine methylbromide;
(17) Morphine methylsulfonate;
(18) Morphine-N-Oxide;
(19) Myrophine;
(20) Nicocodeine;
(21) Nicomorphine;
(22) Normorphine;
(23) Pholcodine;

(24) Thebacon.
(d) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
hallucinogenic substances, or which contains any of its salts,
isomers and salts of isomers, whenever the existence of such
salts, isomers, and salts of isomers is possible within the
specific chemical designation (for the purposes of this
paragraph only, the term "isomer" includes the optical,
position and geometric isomers):
(1) 3,4-methylenedioxyamphetamine
(alpha-methyl,3,4-methylenedioxyphenethylamine,
methylenedioxyamphetamine, MDA);
(1.1) Alpha-ethyltryptamine
(some trade or other names: etryptamine;
MONASE; alpha-ethyl-1H-indole-3-ethanamine;
3-(2-aminobutyl)indole; a-ET; and AET);
(2) 3,4-methylenedioxymethamphetamine (MDMA);
(2.1) 3,4-methylenedioxy-N-ethylamphetamine
(also known as: N-ethyl-alpha-methyl-
3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
and MDEA);
(2.2) N-Benzylpiperazine (BZP);
(3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);
(4) 3,4,5-trimethoxyamphetamine (TMA);
(5) (Blank);

(6) Diethyltryptamine (DET);
(7) Dimethyltryptamine (DMT);
(8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
(9) Ibogaine (some trade and other names:
7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
indole; Tabernanthe iboga);
(10) Lysergic acid diethylamide;
(10.1) Salvinorin A;
(10.5) Salvia divinorum (meaning all parts of the plant
presently classified botanically as Salvia divinorum,
whether growing or not, the seeds thereof, any extract from
any part of that plant, and every compound, manufacture,
salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible
within the specific chemical designation, derivative,
mixture, or preparation of that plant, its seeds or
extracts);
(11) 3,4,5-trimethoxyphenethylamine (Mescaline);
(12) Peyote (meaning all parts of the plant presently
classified botanically as Lophophora williamsii Lemaire,
whether growing or not, the seeds thereof, any extract from
any part of that plant, and every compound, manufacture,
salts, derivative, mixture, or preparation of that plant,
its seeds or extracts);
(13) N-ethyl-3-piperidyl benzilate (JB 318);

(14) N-methyl-3-piperidyl benzilate;
(14.1) N-hydroxy-3,4-methylenedioxyamphetamine
(also known as N-hydroxy-alpha-methyl-
3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
(15) Parahexyl; some trade or other names:
3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
dibenzo (b,d) pyran; Synhexyl;
(16) Psilocybin;
(17) Psilocyn;
(18) Alpha-methyltryptamine (AMT);
(19) 2,5-dimethoxyamphetamine
(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(20) 4-bromo-2,5-dimethoxyamphetamine
(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
4-bromo-2,5-DMA);
(20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
Some trade or other names: 2-(4-bromo-
2,5-dimethoxyphenyl)-1-aminoethane;
alpha-desmethyl DOB, 2CB, Nexus;
(21) 4-methoxyamphetamine
(4-methoxy-alpha-methylphenethylamine;
paramethoxyamphetamine; PMA);
(22) (Blank);
(23) Ethylamine analog of phencyclidine.
Some trade or other names:
N-ethyl-1-phenylcyclohexylamine,

(1-phenylcyclohexyl) ethylamine,
N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
(24) Pyrrolidine analog of phencyclidine. Some trade
or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy,
PHP;
(25) 5-methoxy-3,4-methylenedioxy-amphetamine;
(26) 2,5-dimethoxy-4-ethylamphetamine
(another name: DOET);
(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
(another name: TCPy);
(28) (Blank);
(29) Thiophene analog of phencyclidine (some trade
or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
2-thienyl analog of phencyclidine; TPCP; TCP);
(30) Bufotenine (some trade or other names:
3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol;
5-hydroxy-N,N-dimethyltryptamine;
N,N-dimethylserotonin; mappine);
(31) 1-Pentyl-3-(1-naphthoyl)indole
Some trade or other names: JWH-018;
(32) 1-Butyl-3-(1-naphthoyl)indole
Some trade or other names: JWH-073;
(33) 1-[(5-fluoropentyl)-1H-indol-3-yl]-
(2-iodophenyl)methanone
Some trade or other names: AM-694;

(34) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-
(2-methyloctan-2-yl)phenol
Some trade or other names: CP 47,497 47, 497
and its C6, C8 and C9 homologs;
(34.5) (33) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-
(2-methyloctan-2-yl)phenol), where side chain n=5;
and homologues where side chain n=4, 6, or 7; Some
trade or other names: CP 47,497;
(35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-
(2-methyloctan-2-yl)-6a,7,
10,10a-tetrahydrobenzo[c]chromen-1-ol
Some trade or other names: HU-210;
(35.5) (34) (6aS,10aS)-9-(hydroxymethyl)-6,6-
dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
tetrahydrobenzo[c]chromen-1-ol, its isomers,
salts, and salts of isomers; Some trade or other
names: HU-210, Dexanabinol;
(36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-
6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
Some trade or other names: HU-211;
(37) (2-methyl-1-propyl-1H-indol-
3-yl)-1-naphthalenyl-methanone
Some trade or other names: JWH-015;
(38) 4-methoxynaphthalen-1-yl-
(1-pentylindol-3-yl)methanone

Some trade or other names: JWH-081;
(39) (1-Pentyl-3-(4-methyl-1-naphthoyl)indole
Some trade or other names: JWH-122;
(40) 2-(2-methylphenyl)-1-(1-pentyl-
1H-indol-3-yl)-ethanone
Some trade or other names: JWH-251;
(41) 1-(2-cyclohexylethyl)-3-
(2-methoxyphenylacetyl)indole
Some trade or other names: RCS-8, BTW-8 and SR-18; .
(42) (33) Any compound structurally derived from
3-(1-naphthoyl)indole or 1H-indol-3-yl-
(1-naphthyl)methane by substitution at the
nitrogen atom of the indole ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl or
2-(4-morpholinyl)ethyl whether or not further
substituted in the indole ring to any extent, whether
or not substituted in the naphthyl ring to any extent;
(43) (34) Any compound structurally derived from
3-(1-naphthoyl)pyrrole by substitution at the nitrogen
atom of the pyrrole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl or
2-(4-morpholinyl)ethyl, whether or not further
substituted in the pyrrole ring to any extent, whether
or not substituted in the naphthyl ring to any extent;
(44) (35) Any compound structurally derived from
1-(1-naphthylmethyl)indene by substitution

at the 3-position of the indene ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl or
2-(4-morpholinyl)ethyl whether or not further
substituted in the indene ring to any extent, whether
or not substituted in the naphthyl ring to any extent;
(45) (36) Any compound structurally derived from
3-phenylacetylindole by substitution at the
nitrogen atom of the indole ring with alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl or
2-(4-morpholinyl)ethyl, whether or not further
substituted in the indole ring to any extent, whether
or not substituted in the phenyl ring to any extent;
(46) (37) Any compound structurally derived from
2-(3-hydroxycyclohexyl)phenol by substitution
at the 5-position of the phenolic ring by alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl
or 2-(4-morpholinyl)ethyl, whether or not substituted
in the cyclohexyl ring to any extent; .
(47) (33) 3,4-Methylenedioxymethcathinone
Some trade or other names: Methylone;
(48) (34) 3,4-Methyenedioxypyrovalerone
Some trade or other names: MDPV;
(49) (35) 4-Methylmethcathinone
Some trade or other names: Mephedrone;
(50) (36) 4-methoxymethcathinone;
(51) (37) 4-Fluoromethcathinone;

(52) (38) 3-Fluoromethcathinone; .
(53) (35) 2,5-Dimethoxy-4-(n)-propylthio-
phenethylamine;
(54) (36) 5-Methoxy-N,N-diisopropyltryptamine.
(e) 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 depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(1) mecloqualone;
(2) methaqualone; and
(3) gamma hydroxybutyric acid.
(f) 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, and salts of isomers:
(1) Fenethylline;
(2) N-ethylamphetamine;
(3) Aminorex (some other names:
2-amino-5-phenyl-2-oxazoline; aminoxaphen;
4-5-dihydro-5-phenyl-2-oxazolamine) and its
salts, optical isomers, and salts of optical isomers;
(4) Methcathinone (some other names:

2-methylamino-1-phenylpropan-1-one;
Ephedrone; 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; N-methylcathinone;
methycathinone; Monomethylpropion; UR 1431) and its
salts, optical isomers, and salts of optical isomers;
(5) Cathinone (some trade or other names:
2-aminopropiophenone; alpha-aminopropiophenone;
2-amino-1-phenyl-propanone; norephedrone);
(6) N,N-dimethylamphetamine (also known as:
N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine);
(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-
4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine);
(8) 3,4-Methylenedioxypyrovalerone (MDPV).
(g) Temporary listing of substances subject to emergency
scheduling. Any material, compound, mixture, or preparation
that contains any quantity of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), its optical isomers, isomers, salts,
and salts of isomers;
(2) N-[1(2-thienyl)
methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),
its optical isomers, salts, and salts of isomers.
(Source: P.A. 96-347, eff. 1-1-10; 96-1285, eff. 1-1-11;
97-192, eff. 7-22-11; 97-193, eff. 1-1-12; 97-194, eff.
7-22-11; 97-334, eff. 1-1-12; revised 9-14-11.)

(720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)
Sec. 302. (a) Every person who manufactures, distributes,
or dispenses any controlled substances, or engages in chemical
analysis, and instructional activities which utilize
controlled substances, or who purchases, stores, or
administers euthanasia drugs, within this State or who proposes
to engage in the manufacture, distribution, or dispensing of
any controlled substance, or to engage in chemical analysis,
and instructional activities which utilize controlled
substances, or to engage in purchasing, storing, or
administering euthanasia drugs, within this State, must obtain
a registration issued by the Department of Financial and
Professional Regulation in accordance with its rules. The rules
shall include, but not be limited to, setting the expiration
date and renewal period for each registration under this Act.
The Department, any facility or service licensed by the
Department, and 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 shall
be exempt from the regulation requirements of this Section;
however, such exemption shall not operate to bar the University
of Illinois from requesting, nor the Department of Financial
and Professional Regulation from issuing, a registration to the
University of Illinois Veterinary Teaching Hospital under this

Act. Neither a request for such registration nor the issuance
of such registration to the University of Illinois shall
operate to otherwise waive or modify the exemption provided in
this subsection (a).
(b) Persons registered by the Department of Financial and
Professional Regulation under this Act to manufacture,
distribute, or dispense controlled substances, or purchase,
store, or administer euthanasia drugs, may possess,
manufacture, distribute, or dispense those substances, or
purchase, store, or administer euthanasia drugs, to the extent
authorized by their registration and in conformity with the
other provisions of this Article.
(c) The following persons need not register and may
lawfully possess controlled substances under this Act:
(1) an agent or employee of any registered
manufacturer, distributor, or dispenser of any controlled
substance if he or she is acting in the usual course of his
or her employer's lawful business or employment;
(2) a common or contract carrier or warehouseman, or an
agent or employee thereof, whose possession of any
controlled substance is in the usual lawful course of such
business or employment;
(3) an ultimate user or a person in possession of any
controlled substance pursuant to a lawful prescription of a
practitioner or in lawful possession of a Schedule V
substance;

(4) officers and employees of this State or of the
United States while acting in the lawful course of their
official duties which requires possession of controlled
substances;
(5) a registered pharmacist who is employed in, or the
owner of, a pharmacy licensed under this Act and the
Federal Controlled Substances Act, at the licensed
location, or if he or she is acting in the usual course of
his or her lawful profession, business, or employment.
(d) A separate registration is required at each place of
business or professional practice where the applicant
manufactures, distributes, or dispenses controlled substances,
or purchases, stores, or administers euthanasia drugs. Persons
are required to obtain a separate registration for each place
of business or professional practice where controlled
substances are located or stored. A separate registration is
not required for every location at which a controlled substance
may be prescribed.
(e) The Department of Financial and Professional
Regulation or the Illinois State Police may inspect the
controlled premises, as defined in Section 502 of this Act, of
a registrant or applicant for registration in accordance with
this Act and the rules promulgated hereunder and with regard to
persons licensed by the Department, in accordance with
subsection (bb) of Section 30-5 of the Alcoholism and Other
Drug Abuse and Dependency Act and the rules and regulations

promulgated thereunder.
(Source: P.A. 96-219, eff. 8-10-09; 97-126, eff. 7-14-11;
97-334, eff. 1-1-12; revised 9-14-11.)
(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
written 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

following conditions:
(i) Specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be delegated, provided that the
delegated Schedule II controlled substances are
routinely prescribed by the supervising physician.
This delegation must identify the specific
Schedule II controlled substances by either brand
name or generic name. Schedule II controlled
substances to be delivered by injection or other
route of administration may not be delegated;
(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 supply, 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;
(v) the physician assistant must have
completed the appropriate application forms and
paid the required fees as set by rule;
(vi) the physician assistant must provide

evidence of satisfactory completion of 45 contact
hours in pharmacology from any physician assistant
program accredited by the Accreditation Review
Commission on Education for the Physician
Assistant (ARC-PA), or its predecessor agency, for
any new license issued with Schedule II authority
after the effective date of this amendatory Act of
the 97th General Assembly; and
(vii) the physician assistant must annually
complete at least 5 hours of continuing education
in pharmacology.
(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 collaborating physician
licensed to practice medicine in all its branches or a
collaborating 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
(B) the advanced practice nurse has been delegated
authority by a collaborating physician licensed to
practice medicine in all its branches or collaborating
podiatrist to prescribe or dispense Schedule II
controlled substances through a written delegation of
authority and under the following conditions:

(i) specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be delegated, provided that the
delegated Schedule II controlled substances are
routinely prescribed by the collaborating
physician or podiatrist. This delegation must
identify the specific Schedule II controlled
substances by either brand name or generic name.
Schedule II controlled substances to be delivered
by injection or other route of administration may
not be delegated;
(ii) any delegation must be of controlled
substances prescribed by the collaborating
physician or podiatrist;
(iii) all prescriptions must be limited to no
more than a 30-day supply, with any continuation
authorized only after prior approval of the
collaborating physician or podiatrist;
(iv) the advanced practice nurse must discuss
the condition of any patients for whom a controlled
substance is prescribed monthly with the
delegating physician or podiatrist or in the
course of review as required by Section 65-40 of
the Nurse Practice Act;
(v) the advanced practice nurse must have
completed the appropriate application forms and

paid the required fees as set by rule;
(vi) the advanced practice nurse must provide
evidence of satisfactory completion of at least 45
graduate contact hours in pharmacology for any new
license issued with Schedule II authority after
the effective date of this amendatory Act of the
97th General Assembly; and
(vii) the advanced practice nurse must
annually complete 5 hours of continuing education
in pharmacology; or
(3) with respect to animal euthanasia agencies, the
euthanasia agency has obtained a license from the
Department of Financial and Professional Regulation and
obtained a registration number from the Department.
(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 may be issued a mid-level practitioner
controlled substances license for Illinois.

(d) A collaborating physician or podiatrist may, but is not
required to, delegate prescriptive authority to an advanced
practice nurse as part of a written collaborative agreement,
and the delegation of prescriptive authority shall conform to
the requirements of Section 65-40 of the Nurse Practice Act.
(e) A supervising physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written supervision agreement, and the delegation of
prescriptive authority shall conform to the requirements of
Section 7.5 of the Physician Assistant Practice Act of 1987.
(f) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09;
96-1000, eff. 7-2-10; 97-334, eff. 1-1-12; 97-358, eff.
8-12-11; revised 9-12-11.)
(720 ILCS 570/304) (from Ch. 56 1/2, par. 1304)
Sec. 304. (a) A registration under Section 303 to
manufacture, distribute, or dispense a controlled substance or
purchase, store, or administer euthanasia drugs may be denied,
refused renewal, suspended, or revoked by the Department of
Financial and Professional Regulation, and a fine of no more
than $10,000 per violation may be imposed on the applicant or
registrant regstrant, upon a finding that the applicant or
registrant:
(1) has furnished any false or fraudulent material

information in any application filed under this Act; or
(2) has been convicted of a felony under any law of the
United States or any State relating to any controlled
substance; or
(3) has had suspended or revoked his or her Federal
registration to manufacture, distribute, or dispense
controlled substances or purchase, store, or administer
euthanasia drugs; or
(4) has been convicted of bribery, perjury, or other
infamous crime under the laws of the United States or of
any State; or
(5) has violated any provision of this Act or any rules
promulgated hereunder, or any provision of the
Methamphetamine Precursor Control Act or rules promulgated
thereunder, whether or not he or she has been convicted of
such violation; or
(6) has failed to provide effective controls against
the diversion of controlled substances in other than
legitimate medical, scientific or industrial channels.
(b) The Department of Financial and Professional
Regulation may limit revocation or suspension of a registration
to the particular controlled substance with respect to which
grounds for revocation or suspension exist.
(c) The Department of Financial and Professional
Regulation shall promptly notify the Administration, the
Department and the Illinois State Police or their successor

agencies, of all orders denying, suspending or revoking
registration, all forfeitures of controlled substances, and
all final court dispositions, if any, of such denials,
suspensions, revocations or forfeitures.
(d) If Federal registration of any registrant is suspended,
revoked, refused renewal or refused issuance, then the
Department of Financial and Professional Regulation shall
issue a notice and conduct a hearing in accordance with Section
305 of this Act.
(Source: P.A. 97-334, eff. 1-1-12; revised 11-21-11.)
(720 ILCS 570/318)
Sec. 318. Confidentiality of information.
(a) Information received by the central repository under
Section 316 and former Section 321 is confidential.
(b) The Department must carry out a program to protect the
confidentiality of the information described in subsection
(a). The Department may disclose the information to another
person only under subsection (c), (d), or (f) and may charge a
fee not to exceed the actual cost of furnishing the
information.
(c) The Department may disclose confidential information
described in subsection (a) to any person who is engaged in
receiving, processing, or storing the information.
(d) The Department may release confidential information
described in subsection (a) to the following persons:

(1) A governing body that licenses practitioners and is
engaged in an investigation, an adjudication, or a
prosecution of a violation under any State or federal law
that involves a controlled substance.
(2) An investigator for the Consumer Protection
Division of the office of the Attorney General, a
prosecuting attorney, the Attorney General, a deputy
Attorney General, or an investigator from the office of the
Attorney General, who is engaged in any of the following
activities involving controlled substances:
(A) an investigation;
(B) an adjudication; or
(C) a prosecution of a violation under any State or
federal law that involves a controlled substance.
(3) A law enforcement officer who is:
(A) authorized by the Illinois State Police or the
office of a county sheriff or State's Attorney or
municipal police department of Illinois to receive
information of the type requested for the purpose of
investigations involving controlled substances; or
(B) approved by the Department to receive
information of the type requested for the purpose of
investigations involving controlled substances; and
(C) engaged in the investigation or prosecution of
a violation under any State or federal law that
involves a controlled substance.

(e) Before the Department releases confidential
information under subsection (d), the applicant must
demonstrate in writing to the Department that:
(1) the applicant has reason to believe that a
violation under any State or federal law that involves a
controlled substance has occurred; and
(2) the requested information is reasonably related to
the investigation, adjudication, or prosecution of the
violation described in subdivision (1).
(f) The Department may receive and release prescription
record information under Section 316 and former Section 321 to:
(1) a governing body that licenses practitioners;
(2) an investigator for the Consumer Protection
Division of the office of the Attorney General, a
prosecuting attorney, the Attorney General, a deputy
Attorney General, or an investigator from the office of the
Attorney General;
(3) any Illinois law enforcement officer who is:
(A) authorized to receive the type of information
released; and
(B) approved by the Department to receive the type
of information released; or
(4) prescription monitoring entities in other states
per the provisions outlined in subsection (g) and (h)
below;
confidential prescription record information collected under

Sections 316 and 321 (now repealed) that identifies vendors or
practitioners, or both, who are prescribing or dispensing large
quantities of Schedule II, III, IV, or V controlled substances
outside the scope of their practice, pharmacy, or business, as
determined by the Advisory Committee created by Section 320.
(g) The information described in subsection (f) may not be
released until it has been reviewed by an employee of the
Department who is licensed as a prescriber or a dispenser and
until that employee has certified that further investigation is
warranted. However, failure to comply with this subsection (g)
does not invalidate the use of any evidence that is otherwise
admissible in a proceeding described in subsection (h).
(h) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), or (f) may
disclose the information to a law enforcement officer or an
attorney for the office of the Attorney General for use as
evidence in the following:
(1) A proceeding under any State or federal law that
involves a controlled substance.
(2) A criminal proceeding or a proceeding in juvenile
court that involves a controlled substance.
(i) The Department may compile statistical reports from the
information described in subsection (a). The reports must not
include information that identifies, by name, license or
address, any practitioner, dispenser, ultimate user, or other
person administering a controlled substance.

(j) Based upon federal, initial and maintenance funding, a
prescriber and dispenser inquiry system shall be developed to
assist the health care community in its goal of effective
clinical practice and to prevent patients from diverting or
abusing medications.
(1) An inquirer shall have read-only access to a
stand-alone database which shall contain records for the
previous 12 months.
(2) Dispensers may, upon positive and secure
identification, make an inquiry on a patient or customer
solely for a medical purpose as delineated within the
federal HIPAA law.
(3) The Department shall provide a one-to-one secure
link and encrypted software necessary to establish the link
between an inquirer and the Department. Technical
assistance shall also be provided.
(4) Written inquiries are acceptable but must include
the fee and the requestor's Drug Enforcement
Administration license number and submitted upon the
requestor's business stationery stationary.
(5) As directed by the Prescription Monitoring Program
Advisory Committee and the Clinical Director for the
Prescription Monitoring Program, aggregate data that does
not indicate any prescriber, practitioner, dispenser, or
patient may be used for clinical studies.
(6) Tracking analysis shall be established and used per

administrative rule.
(7) Nothing in this Act or Illinois law shall be
construed to require a prescriber or dispenser to make use
of this inquiry system.
(8) If there is an adverse outcome because of a
prescriber or dispenser making an inquiry, which is
initiated in good faith, the prescriber or dispenser shall
be held harmless from any civil liability.
(k) The Department shall establish, by rule, the process by
which to evaluate possible erroneous association of
prescriptions to any licensed prescriber or end user of the
Illinois Prescription Information Library (PIL).
(l) The Prescription Monitoring Program Advisory Committee
is authorized to evaluate the need for and method of
establishing a patient specific identifier.
(m) Patients who identify prescriptions attributed to them
that were not obtained by them shall be given access to their
personal prescription history pursuant to the validation
process as set forth by administrative rule.
(n) The Prescription Monitoring Program is authorized to
develop operational push reports to entities with compatible
electronic medical records. The process shall be covered within
administrative rule established by the Department.
(o) Hospital emergency departments and freestanding
healthcare facilities providing healthcare to walk-in patients
may obtain, for the purpose of improving patient care, a unique

identifier for each shift to utilize the PIL system.
(Source: P.A. 97-334, eff. 1-1-12; revised 11-21-11.)
(720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
Sec. 505. (a) The following are subject to forfeiture:
(1) all substances which have been manufactured,
distributed, dispensed, or possessed in violation of this
Act;
(2) all raw materials, products and equipment of any
kind which are used, or intended for use in manufacturing,
distributing, dispensing, administering or possessing any
substance in violation of this Act;
(3) 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 paragraphs (1) and (2), 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 Act;
(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;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended to
be used in violation of this Act;
(5) everything of value furnished, or intended to be
furnished, in exchange for a substance in violation of this
Act, all proceeds traceable to such an exchange, and all
moneys, negotiable instruments, and securities used, or
intended to be used, to commit or in any manner to
facilitate any violation of this Act;
(6) all real property, including any right, title, 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 or act that constitutes a
violation of Section 401 or 405 of this Act or that is the
proceeds of any violation or act that constitutes a
violation of Section 401 or 405 of this Act.
(b) Property subject to forfeiture under this Act 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:
(1) if the seizure is incident to inspection under an
administrative inspection warrant;
(2) 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 Act or the Drug Asset Forfeiture
Procedure Act;
(3) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(4) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(5) in accordance with the Code of Criminal Procedure
of 1963.
(c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter
be instituted in accordance with that Act. Upon a showing of

good cause, the notice required for a preliminary review under
this Section may be postponed.
(d) 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 the
Drug Asset Forfeiture Procedure Act. When property is seized
under this Act, 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:
(1) place the property under seal;
(2) remove the property to a place designated by the
Director;
(3) keep the property in the possession of the seizing
agency;
(4) 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 purposes,
deposit it in an interest bearing account;
(5) 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
(6) 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.
(e) If the Department of Financial and Professional
Regulation suspends or revokes a registration, all controlled
substances owned or possessed by the registrant at the time of
suspension or the effective date of the revocation order may be
placed under seal by the Director. No disposition may be made
of substances under seal until the time for taking an appeal
has elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the
court. Upon a suspension or revocation order becoming final,
all substances may be forfeited to the Illinois State Police.
(f) When property is forfeited under this Act 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 subsection (g).
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 relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or prosecutor
in their enforcement efforts. When any forfeited conveyance,
including an aircraft, vehicle, or vessel, is returned to the
seizing agency or prosecutor, the conveyance may be used
immediately in the enforcement of the criminal laws of this
State. Upon disposal, all proceeds from the sale of the
conveyance must be used for drug enforcement purposes. When any
real property returned to the seizing agency is sold by the
agency or its unit of government, the proceeds of the sale
shall be delivered to the Director and distributed in
accordance with subsection (g).
(g) All monies and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
(1) 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
governing cannabis and controlled substances or for
security cameras used for the prevention or detection of
violence, except that amounts distributed to the Secretary
of State shall be deposited into the Secretary of State
Evidence Fund to be used as provided in Section 2-115 of
the Illinois Vehicle Code.
(2)(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
governing cannabis and controlled substances, or at the
discretion of the State's Attorney, in addition to other
authorized purposes, to make grants to local substance
abuse treatment facilities and half-way houses. In
counties over 3,000,000 population, 25% will be
distributed to the Office of the State's Attorney for use
in the enforcement of laws governing cannabis and
controlled substances, or at the discretion of the State's
Attorney, in addition to other authorized purposes, to make
grants to local substance abuse treatment facilities and
half-way houses. 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 governing cannabis and controlled
substances.
(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 governing cannabis and controlled substances.
The Office of the State's Attorneys Appellate Prosecutor
shall not receive distribution from cases brought in
counties with over 3,000,000 population.
(3) 10% shall be retained by the Department of State
Police for expenses related to the administration and sale
of seized and forfeited property.
(h) Species of plants from which controlled substances in
Schedules I and II may be derived which have been planted or
cultivated in violation of this Act, or of which the owners or
cultivators are unknown, or which are wild growths, may be
seized and summarily forfeited to the State. The failure, upon
demand by the Director or any peace officer, of the person in
occupancy or in control of land or premises upon which the
species of plants are growing or being stored, to produce
registration, or proof that he or she is the holder thereof,
constitutes authority for the seizure and forfeiture of the
plants.
(Source: P.A. 94-1004, eff. 7-3-06; 97-253, eff. 1-1-12;

97-334, eff. 1-1-12; 97-544, eff. 1-1-12; revised 9-14-11.)
Section 635. The Methamphetamine Control and Community
Protection Act is amended by changing Section 85 as follows:
(720 ILCS 646/85)
Sec. 85. Forfeiture.
(a) The following are subject to forfeiture:
(1) all substances containing methamphetamine which
have been produced, manufactured, delivered, or possessed
in violation of this Act;
(2) all methamphetamine manufacturing materials which
have been produced, delivered, or possessed in connection
with any substance containing methamphetamine in violation
of this Act;
(3) 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 paragraph (1) or (2) that constitutes a felony violation
of the Act, 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 Act;
(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;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended for
use in a felony violation of this Act;
(5) everything of value furnished or intended to be
furnished by any person in exchange for a substance in
violation of this Act, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, and
securities used, or intended to be used, to commit or in
any manner to facilitate any felony violation of this Act.
(6) all real property, including any right, title, 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 or act that constitutes a

violation of this Act or that is the proceeds of any
violation or act that constitutes a violation of this Act.
(b) Property subject to forfeiture under this Act 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:
(1) 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 Act or the Drug Asset Forfeiture
Procedure Act;
(2) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(3) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(4) in accordance with the Code of Criminal Procedure
of 1963.
(c) In the event of seizure pursuant to subsection (b),
notice shall be given forthwith to all known interest holders
that forfeiture proceedings, including a preliminary review,
shall be instituted in accordance with the Drug Asset
Forfeiture Procedure Act and such proceedings shall thereafter

be instituted in accordance with that Act. Upon a showing of
good cause, the notice required for a preliminary review under
this Section may be postponed.
(d) Property taken or detained under this Section is not
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 the Drug Asset
Forfeiture Procedure Act. When property is seized under this
Act, the seizing agency shall promptly conduct an inventory of
the seized property, estimate the property's value, and 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:
(1) place the property under seal;
(2) remove the property to a place designated by him or
her;
(3) keep the property in the possession of the seizing
agency;
(4) 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 purposes,
deposit it in an interest bearing account;
(5) 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
(6) 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.
(e) No disposition may be made of property under seal until
the time for taking an appeal has elapsed or until all appeals
have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court.
(f) When property is forfeited under this Act, the Director
shall sell the property unless the 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 subsection (g).
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 relating to methamphetamine, cannabis, or
controlled substances, if the agency or prosecutor
demonstrates that the item requested would be useful to the
agency or prosecutor in their enforcement efforts. When any
forfeited conveyance, including an aircraft, vehicle, or

vessel, is returned to the seizing agency or prosecutor, the
conveyance may be used immediately in the enforcement of the
criminal laws of this State. Upon disposal, all proceeds from
the sale of the conveyance must be used for drug enforcement
purposes. When any real property returned to the seizing agency
is sold by the agency or its unit of government, the proceeds
of the sale shall be delivered to the Director and distributed
in accordance with subsection (g).
(g) All moneys and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
(1) 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
governing methamphetamine, cannabis, and controlled
substances or for security cameras used for the prevention
or detection of violence, except that amounts distributed

to the Secretary of State shall be deposited into the
Secretary of State Evidence Fund to be used as provided in
Section 2-115 of the Illinois Vehicle Code.
(2)(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
governing methamphetamine, cannabis, and controlled
substances, or at the discretion of the State's Attorney,
in addition to other authorized purposes, to make grants to
local substance abuse treatment facilities and half-way
houses. In counties with a population over 3,000,000, 25%
shall be distributed to the Office of the State's Attorney
for use in the enforcement of laws governing
methamphetamine, cannabis, and controlled substances, or
at the discretion of the State's Attorney, in addition to
other authorized purposes, to make grants to local
substance abuse treatment facilities and half-way houses.
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 governing methamphetamine, cannabis,
and controlled substances.
(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 governing methamphetamine, cannabis, and
controlled substances. The Office of the State's Attorneys
Appellate Prosecutor shall not receive distribution from
cases brought in counties with a population over 3,000,000.
(3) 10% shall be retained by the Department of State
Police for expenses related to the administration and sale
of seized and forfeited property.
(Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; revised
9-14-11.)
Section 640. The Code of Criminal Procedure of 1963 is
amended by changing Sections 109-1 and 124B-125 as follows:
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
Sec. 109-1. Person arrested.
(a) A person arrested with or without a warrant shall be
taken without unnecessary delay before the nearest and most
accessible judge in that county, except when such county is a
participant in a regional jail authority, in which event such
person may be taken to the nearest and most accessible judge,
irrespective of the county where such judge presides, and a
charge shall be filed. Whenever a person arrested either with
or without a warrant is required to be taken before a judge, a

charge may be filed against such person by way of a two-way
closed circuit television system, except that a hearing to deny
bail to the defendant may not be conducted by way of closed
circuit television.
(b) The judge shall:
(1) Inform the defendant of the charge against him and
shall provide him with a copy of the charge; .
(2) Advise the defendant of his right to counsel and if
indigent shall appoint a public defender or licensed
attorney at law of this State to represent him in
accordance with the provisions of Section 113-3 of this
Code; .
(3) Schedule a preliminary hearing in appropriate
cases; and
(4) Admit the defendant to bail in accordance with the
provisions of Article 110 of this Code.
(c) The court may issue an order of protection in
accordance with the provisions of Article 112A of this Code.
(Source: P.A. 90-140, eff. 1-1-98; revised 11-21-11.)
(725 ILCS 5/124B-125)
Sec. 124B-125. Real property exempt from forfeiture.
(a) An interest in real property is exempt from forfeiture
under this Article if its owner or interest holder establishes
by a preponderance of evidence that he or she meets all of the
following requirements:

(1) He or she is not legally accountable for the
conduct giving rise to the forfeiture, or did not solicit,
conspire, or attempt to commit the conduct giving rise to
the forfeiture.
(2) He or she had not acquired and did not stand to
acquire substantial proceeds from the conduct giving rise
to the forfeiture other than as an interest holder in an
arms-length commercial transaction.
(3) He or she does not hold the property for the
benefit of or as a nominee for any person whose conduct
gave rise to the forfeiture, and, if he or she acquired the
interest through any such person, he or she acquired it as
a bona fide purchaser for value without knowingly taking
part in the conduct giving rise to the forfeiture.
(4) He or she acquired the interest before a notice of
seizure for forfeiture or a lis pendens notice with respect
to the property was filed in the office of the recorder of
deeds of the county in which the property is located and
either:
(A) acquired the interest before the commencement
of the conduct giving rise to the forfeiture, and the
person whose conduct gave rise to the forfeiture did
not have the authority to convey the interest to a bona
fide purchaser for value at the time of the conduct; or
(B) acquired the interest after the commencement
of the conduct giving rise to the forfeiture, and he or

she acquired the interest as a mortgagee, secured
creditor, lienholder, or bona fide purchaser for value
without knowledge of the conduct that gave rise to the
forfeiture.
(5) With respect to a property interest in existence at
the time the illegal conduct giving rise to the forfeiture
took place, he or she either:
(A) did not know of the conduct giving rise to the
forfeiture; or
(B) upon learning of the conduct giving rise to the
forfeiture, did all that reasonably could be expected
under the circumstances to terminate that use of the
property.
(6) (7) The property is not a type of property,
possession of which is otherwise in violation of law.
(b) For purposes of paragraph (5) of subsection (a), ways
in which a person may show that he or she did all that
reasonably could be expected include demonstrating that he or
she, to the extent permitted by law, did either of the
following:
(1) Gave timely notice to an appropriate law
enforcement agency of information that led the person to
know that the conduct giving rise to a forfeiture would
occur or had occurred.
(2) In a timely fashion revoked or made a good faith
attempt to revoke permission for those engaging in the

conduct to use the property or took reasonable actions in
consultation with a law enforcement agency to discourage or
prevent the illegal use of the property.
A person is not required by this subsection (b) to take
steps that the person reasonably believes would be likely to
subject any person (other than the person whose conduct gave
rise to the forfeiture) to physical danger.
(Source: P.A. 96-712, eff. 1-1-10; revised 11-21-11.)
Section 645. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 4.5 as follows:
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law enforcement,
prosecutors, judges and corrections will provide information,
as appropriate of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation is
closed.
(a-5) When law enforcement authorities re-open a closed
case to resume investigating, they shall provide notice of the

re-opening of the case, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of information,
the return of an indictment by which a prosecution for any
violent crime is commenced, or the filing of a petition to
adjudicate a minor as a delinquent for a violent crime;
(2) shall provide notice of the date, time, and place
of trial;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(3.5) or victim advocate personnel shall provide
information about available victim services, including
referrals to programs, counselors, and agencies that
assist a victim to deal with trauma, loss, and grief;
(4) shall assist in having any stolen or other personal
property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal

justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide information whenever possible, of a
secure waiting area during court proceedings that does not
require victims to be in close proximity to defendant or
juveniles accused of a violent crime, and their families
and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court proceedings
and, in compliance with the federal Americans with
Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;
(8) in the case of the death of a person, which death
occurred in the same transaction or occurrence in which
acts occurred for which a defendant is charged with an
offense, shall notify the spouse, parent, child or sibling
of the decedent of the date of the trial of the person or
persons allegedly responsible for the death;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence, an advocate or other support person of the
victim's choice, and the right to retain an attorney, at
the victim's own expense, who, upon written notice filed
with the clerk of the court and State's Attorney, is to
receive copies of all notices, motions and court orders

filed thereafter in the case, in the same manner as if the
victim were a named party in the case;
(10) at the sentencing hearing shall make a good faith
attempt to explain the minimum amount of time during which
the defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the
crime victim of the right to request from the Prisoner
Review Board information concerning the release of the
defendant under subparagraph (d)(1) of this Section;
(11) shall request restitution at sentencing and shall
consider restitution in any plea negotiation, as provided
by law; and
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the
notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section.
(c) At the written request of the crime victim, the office
of the State's Attorney shall:
(1) provide notice a reasonable time in advance of the
following court proceedings: preliminary hearing, any
hearing the effect of which may be the release of defendant
from custody, or to alter the conditions of bond and the
sentencing hearing. The crime victim shall also be notified
of the cancellation of the court proceeding in sufficient
time, wherever possible, to prevent an unnecessary

appearance in court;
(2) provide notice within a reasonable time after
receipt of notice from the custodian, of the release of the
defendant on bail or personal recognizance or the release
from detention of a minor who has been detained for a
violent crime;
(3) explain in nontechnical language the details of any
plea or verdict of a defendant, or any adjudication of a
juvenile as a delinquent for a violent crime;
(4) where practical, consult with the crime victim
before the Office of the State's Attorney makes an offer of
a plea bargain to the defendant or enters into negotiations
with the defendant concerning a possible plea agreement,
and shall consider the written victim impact statement, if
prepared prior to entering into a plea agreement;
(5) provide notice of the ultimate disposition of the
cases arising from an indictment or an information, or a
petition to have a juvenile adjudicated as a delinquent for
a violent crime;
(6) provide notice of any appeal taken by the defendant
and information on how to contact the appropriate agency
handling the appeal;
(7) provide notice of any request for post-conviction
review filed by the defendant under Article 122 of the Code
of Criminal Procedure of 1963, and of the date, time and
place of any hearing concerning the petition. Whenever

possible, notice of the hearing shall be given in advance;
(8) forward a copy of any statement presented under
Section 6 to the Prisoner Review Board to be considered by
the Board in making its determination under subsection (b)
of Section 3-3-8 of the Unified Code of Corrections.
(d) (1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised release,
electronic detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a violent crime
from State custody and by the sheriff of the appropriate county
of any such person's final discharge from county custody. The
Prisoner Review Board, upon written request, shall provide to a
victim or any other concerned citizen a recent photograph of
any person convicted of a felony, upon his or her release from
custody. The Prisoner Review Board, upon written request, shall
inform a victim or any other concerned citizen when feasible at
least 7 days prior to the prisoner's release on furlough of the
times and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's Attorney
shall notify the person once of the times and dates of release
of a prisoner sentenced to periodic imprisonment. Notification
shall be based on the most recent information as to victim's or
other concerned citizen's residence or other location
available to the notifying authority.

(2) When the defendant has been committed to the Department
of Human Services pursuant to Section 5-2-4 or any other
provision of the Unified Code of Corrections, the victim may
request to be notified by the releasing authority of the
defendant's furloughs, temporary release, or final discharge
from State custody. The Department of Human Services shall
establish and maintain a statewide telephone number to be used
by victims to make notification requests under these provisions
and shall publicize this telephone number on its website and to
the State's Attorney of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile Justice
immediately shall notify the Prisoner Review Board of the
escape and the Prisoner Review Board shall notify the victim.
The notification shall be based upon the most recent
information as to the victim's residence or other location
available to the Board. When no such information is available,
the Board shall make all reasonable efforts to obtain the
information and make the notification. When the escapee is
apprehended, the Department of Corrections or the Department of
Juvenile Justice immediately shall notify the Prisoner Review
Board and the Board shall notify the victim.
(4) The victim of the crime for which the prisoner has been
sentenced shall receive reasonable written notice not less than
30 days prior to the parole interview and may submit, in
writing, on film, videotape or other electronic means or in the

form of a recording or in person at the parole interview or if
a victim of a violent crime, by calling the toll-free number
established in subsection (f) of this Section, information for
consideration by the Prisoner Review Board. The victim shall be
notified within 7 days after the prisoner has been granted
parole and shall be informed of the right to inspect the
registry of parole decisions, established under subsection (g)
of Section 3-3-5 of the Unified Code of Corrections. The
provisions of this paragraph (4) are subject to the Open Parole
Hearings Act.
(5) If a statement is presented under Section 6, the
Prisoner Review Board shall inform the victim of any order of
discharge entered by the Board pursuant to Section 3-3-8 of the
Unified Code of Corrections.
(6) At the written request of the victim of the crime for
which the prisoner was sentenced or the State's Attorney of the
county where the person seeking parole was prosecuted, the
Prisoner Review Board shall notify the victim and the State's
Attorney of the county where the person seeking parole was
prosecuted of the death of the prisoner if the prisoner died
while on parole or mandatory supervised release.
(7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile Justice,
or the Department of Human Services is released or discharged
and subsequently committed to the Department of Human Services
as a sexually violent person and the victim had requested to be

notified by the releasing authority of the defendant's
discharge from State custody, the releasing authority shall
provide to the Department of Human Services such information
that would allow the Department of Human Services to contact
the victim.
(8) When a defendant has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act and
has been sentenced to the Department of Corrections or the
Department of Juvenile Justice, the Prisoner Review Board shall
notify the victim of the sex offense of the prisoner's
eligibility for release on parole, mandatory supervised
release, electronic detention, work release, international
transfer or exchange, or by the custodian of the discharge of
any individual who was adjudicated a delinquent for a sex
offense from State custody and by the sheriff of the
appropriate county of any such person's final discharge from
county custody. The notification shall be made to the victim at
least 30 days, whenever possible, before release of the sex
offender.
(e) The officials named in this Section may satisfy some or
all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) To permit a victim of a violent crime to provide
information to the Prisoner Review Board for consideration by

the Board at a parole hearing of a person who committed the
crime against the victim in accordance with clause (d)(4) of
this Section or at a proceeding to determine the conditions of
mandatory supervised release of a person sentenced to a
determinate sentence or at a hearing on revocation of mandatory
supervised release of a person sentenced to a determinate
sentence, the Board shall establish a toll-free number that may
be accessed by the victim of a violent crime to present that
information to the Board.
(Source: P.A. 96-328, eff. 8-11-09; 96-875, eff. 1-22-10;
97-457, eff. 1-1-12; 97-572, eff. 1-1-12; revised 9-14-11.)
Section 650. The Unified Code of Corrections is amended by
changing Sections 3-6-2, 3-8-2, 3-10-2, and 3-14-1 as follows:
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
Sec. 3-6-2. Institutions and Facility Administration.
(a) Each institution and facility of the Department shall
be administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment of
such persons.
(b) The chief administrative officer shall have such
assistants as the Department may assign.

(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5-905 of the Juvenile Court Act of 1987.
This Section shall not apply to transfers to the Department of
Human Services which are provided for under Section 3-8-5 or
Section 3-10-5.
(d) The Department shall provide educational programs for
all committed persons so that all persons have an opportunity
to attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever
possible. The Department may establish programs of mandatory
education and may establish rules and regulations for the
administration of such programs. A person committed to the
Department who, during the period of his or her incarceration,
participates in an educational program provided by or through
the Department and through that program is awarded or earns the
number of hours of credit required for the award of an

associate, baccalaureate, or higher degree from a community
college, college, or university located in Illinois shall
reimburse the State, through the Department, for the costs
incurred by the State in providing that person during his or
her incarceration with the education that qualifies him or her
for the award of that degree. The costs for which reimbursement
is required under this subsection shall be determined and
computed by the Department under rules and regulations that it
shall establish for that purpose. However, interest at the rate
of 6% per annum shall be charged on the balance of those costs
from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release
constituting a final termination of his or her commitment to
the Department until paid.
(d-5) A person committed to the Department is entitled to
confidential testing for infection with human immunodeficiency
virus (HIV) and to counseling in connection with such testing,
with no copay to the committed person. A person committed to
the Department who has tested positive for infection with HIV
is entitled to medical care while incarcerated, counseling, and
referrals to support services, in connection with that positive
test result. Implementation of this subsection (d-5) is subject
to appropriation.
(e) A person committed to the Department who becomes in
need of medical or surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical

treatment by the chief administrative officer consenting on the
person's behalf. Before the chief administrative officer
consents, he or she shall obtain the advice of one or more
physicians licensed to practice medicine in all its branches in
this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
required relative to a condition threatening to cause
death, damage or impairment to bodily functions, or
disfigurement; and
(2) that the person is not capable of giving consent to
such treatment; the chief administrative officer may give
consent for such medical or surgical treatment, and such
consent shall be deemed to be the consent of the person for
all purposes, including, but not limited to, the authority
of a physician to give such treatment.
(e-5) If a physician providing medical care to a committed
person on behalf of the Department advises the chief
administrative officer that the committed person's mental or
physical health has deteriorated as a result of the cessation
of ingestion of food or liquid to the point where medical or
surgical treatment is required to prevent death, damage, or
impairment to bodily functions, the chief administrative
officer may authorize such medical or surgical treatment.
(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed

by the Department. The Department shall require the committed
person receiving medical or dental services on a non-emergency
basis to pay a $5 co-payment to the Department for each visit
for medical or dental services. The amount of each co-payment
shall be deducted from the committed person's individual
account. A committed person who has a chronic illness, as
defined by Department rules and regulations, shall be exempt
from the $5 co-payment for treatment of the chronic illness. A
committed person shall not be subject to a $5 co-payment for
follow-up visits ordered by a physician, who is employed by, or
contracts with, the Department. A committed person who is
indigent is exempt from the $5 co-payment and is entitled to
receive medical or dental services on the same basis as a
committed person who is financially able to afford the
co-payment. For purposes of this Section only, "indigent" means
a committed person who has $20 or less in his or her Inmate
Trust Fund at the time of such services or for the 30 days
prior to such services. Notwithstanding any other provision in
this subsection (f) to the contrary, any person committed to
any facility operated by the Department of Juvenile Justice, as
set forth in Section 3-2.5-15 of this Code, is exempt from the
co-payment requirement for the duration of confinement in those
facilities.
(g) Any person having sole custody of a child at the time
of commitment or any woman giving birth to a child after her
commitment, may arrange through the Department of Children and

Family Services for suitable placement of the child outside of
the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until
the child is 6 years old.
(h) The Department may provide Family Responsibility
Services which may consist of, but not be limited to the
following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either
separately or together, preceding the inmate's release;
and
(6) a prerelease reunification staffing involving the
family advocate, the inmate and the child's counselor, or
both and the inmate.
(i) (Blank). a test approved by the Illinois Department of
Public Health to determine the presence of HIV infection, based
upon recommendations of United States Centers for Disease
Control and Prevention a reliable supplemental based upon
recommendations of the United States Centers for Disease
Control and Prevention information
(j) Any person convicted of a sex offense as defined in the
Sex Offender Management Board Act shall be required to receive

a sex offender evaluation prior to release into the community
from the Department of Corrections. The sex offender evaluation
shall be conducted in conformance with the standards and
guidelines developed under the Sex Offender Management Board
Act and by an evaluator approved by the Board.
(k) Any minor committed to the Department of Juvenile
Justice for a sex offense as defined by the Sex Offender
Management Board Act shall be required to undergo sex offender
treatment by a treatment provider approved by the Board and
conducted in conformance with the Sex Offender Management Board
Act.
(l) Prior to the release of any inmate committed to a
facility of the Department or the Department of Juvenile
Justice, the Department must provide the inmate with
appropriate information verbally, in writing, by video, or
other electronic means, concerning HIV and AIDS. The Department
shall develop the informational materials in consultation with
the Department of Public Health. At the same time, the
Department must also offer the committed person the option of
testing for infection with human immunodeficiency virus (HIV),
with no copayment for the test. Pre-test information shall be
provided to the committed person and informed consent obtained
as required in subsection (d) of Section 3 and Section 5 of the
AIDS Confidentiality Act. The Department may conduct opt-out
HIV testing as defined in Section 4 of the AIDS Confidentiality
Act. If the Department conducts opt-out HIV testing, the

Department shall place signs in English, Spanish and other
languages as needed in multiple, highly visible locations in
the area where HIV testing is conducted informing inmates that
they will be tested for HIV unless they refuse, and refusal or
acceptance of testing shall be documented in the inmate's
medical record. The Department shall follow procedures
established by the Department of Public Health to conduct HIV
testing and testing to confirm positive HIV test results. All
testing must be conducted by medical personnel, but pre-test
and other information may be provided by committed persons who
have received appropriate training. The Department, in
conjunction with the Department of Public Health, shall develop
a plan that complies with the AIDS Confidentiality Act to
deliver confidentially all positive or negative HIV test
results to inmates or former inmates. Nothing in this Section
shall require the Department to offer HIV testing to an inmate
who is known to be infected with HIV, or who has been tested
for HIV within the previous 180 days and whose documented HIV
test result is available to the Department electronically. The
testing provided under this subsection (l) shall consist of a
test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention. If the test result is positive, a
reliable supplemental test based upon recommendations of the
United States Centers for Disease Control and Prevention shall

be administered.
Prior to the release of an inmate who the Department knows
has tested positive for infection with HIV, the Department in a
timely manner shall offer the inmate transitional case
management, including referrals to other support services.
(m) The chief administrative officer of each institution or
facility of the Department shall make a room in the institution
or facility available for addiction recovery services to be
provided to committed persons on a voluntary basis. The
services shall be provided for one hour once a week at a time
specified by the chief administrative officer of the
institution or facility if the following conditions are met:
(1) the addiction recovery service contacts the chief
administrative officer to arrange the meeting;
(2) the committed person may attend the meeting for
addiction recovery services only if the committed person
uses pre-existing free time already available to the
committed person;
(3) all disciplinary and other rules of the institution
or facility remain in effect;
(4) the committed person is not given any additional
privileges to attend addiction recovery services;
(5) if the addiction recovery service does not arrange
for scheduling a meeting for that week, no addiction
recovery services shall be provided to the committed person
in the institution or facility for that week;

(6) the number of committed persons who may attend an
addiction recovery meeting shall not exceed 40 during any
session held at the correctional institution or facility;
(7) a volunteer seeking to provide addiction recovery
services under this subsection (m) must submit an
application to the Department of Corrections under
existing Department rules and the Department must review
the application within 60 days after submission of the
application to the Department; and
(8) each institution and facility of the Department
shall manage the addiction recovery services program
according to its own processes and procedures.
For the purposes of this subsection (m), "addiction
recovery services" means recovery services for alcoholics and
addicts provided by volunteers of recovery support services
recognized by the Department of Human Services.
(Source: P.A. 96-284, eff. 1-1-10; 97-244, eff. 8-4-11; 97-323,
eff. 8-12-11; 97-562, eff. 1-1-12; revised 9-14-11.)
(730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
Sec. 3-8-2. Social Evaluation; physical examination;
HIV/AIDS.
(a) A social evaluation shall be made of a committed
person's medical, psychological, educational and vocational
condition and history, including the use of alcohol and other
drugs, the circumstances of his offense, and such other

information as the Department may determine. The committed
person shall be assigned to an institution or facility in so
far as practicable in accordance with the social evaluation.
Recommendations shall be made for medical, dental,
psychiatric, psychological and social service treatment.
(b) A record of the social evaluation shall be entered in
the committed person's master record file and shall be
forwarded to the institution or facility to which the person is
assigned.
(c) Upon admission to a correctional institution each
committed person shall be given a physical examination. If he
is suspected of having a communicable disease that in the
judgment of the Department medical personnel requires medical
isolation, the committed person shall remain in medical
isolation until it is no longer deemed medically necessary.
(d) Upon arrival at a reception and classification center
or an inmate's final destination, the Department must provide
the committed person with appropriate information in writing,
verbally, by video or other electronic means concerning HIV and
AIDS. The Department shall develop the informational materials
in consultation with the Department of Public Health. At the
same time, the Department also must offer the committed person
the option of being tested, with no copayment, for infection
with human immunodeficiency virus (HIV). Pre-test information
shall be provided to the committed person and informed consent
obtained as required in subsection (d) of Section 3 and Section

5 of the AIDS Confidentiality Act. The Department may conduct
opt-out HIV testing as defined in Section 4 of the AIDS
Confidentiality Act. If the Department conducts opt-out HIV
testing, the Department shall place signs in English, Spanish
and other languages as needed in multiple, highly visible
locations in the area where HIV testing is conducted informing
inmates that they will be tested for HIV unless they refuse,
and refusal or acceptance of testing shall be documented in the
inmate's medical record. The Department shall follow
procedures established by the Department of Public Health to
conduct HIV testing and testing to confirm positive HIV test
results. All testing must be conducted by medical personnel,
but pre-test and other information may be provided by committed
persons who have received appropriate training. The
Department, in conjunction with the Department of Public
Health, shall develop a plan that complies with the AIDS
Confidentiality Act to deliver confidentially all positive or
negative HIV test results to inmates or former inmates. Nothing
in this Section shall require the Department to offer HIV
testing to an inmate who is known to be infected with HIV, or
who has been tested for HIV within the previous 180 days and
whose documented HIV test result is available to the Department
electronically. The testing provided under this subsection (d)
shall consist of a test approved by the Illinois Department of
Public Health to determine the presence of HIV infection, based
upon recommendations of the United States Centers for Disease

Control and Prevention. If the test result is positive, a
reliable supplemental test based upon recommendations of the
United States Centers for Disease Control and Prevention shall
be administered.
(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
revised 9-21-11.)
(730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
Sec. 3-10-2. Examination of Persons Committed to the
Department of Juvenile Justice.
(a) A person committed to the Department of Juvenile
Justice shall be examined in regard to his medical,
psychological, social, educational and vocational condition
and history, including the use of alcohol and other drugs, the
circumstances of his offense and any other information as the
Department of Juvenile Justice may determine.
(a-5) Upon admission of a person committed to the
Department of Juvenile Justice, the Department of Juvenile
Justice must provide the person with appropriate information
concerning HIV and AIDS in writing, verbally, or by video or
other electronic means. The Department of Juvenile Justice
shall develop the informational materials in consultation with
the Department of Public Health. At the same time, the
Department of Juvenile Justice also must offer the person the
option of being tested, at no charge to the person, for
infection with human immunodeficiency virus (HIV). Pre-test

information shall be provided to the committed person and
informed consent obtained as required in subsection (d) of
Section 3 and Section 5 of the AIDS Confidentiality Act. The
Department of Juvenile Justice may conduct opt-out HIV testing
as defined in Section 4 of the AIDS Confidentiality Act. If the
Department conducts opt-out HIV testing, the Department shall
place signs in English, Spanish and other languages as needed
in multiple, highly visible locations in the area where HIV
testing is conducted informing inmates that they will be tested
for HIV unless they refuse, and refusal or acceptance of
testing shall be documented in the inmate's medical record. The
Department shall follow procedures established by the
Department of Public Health to conduct HIV testing and testing
to confirm positive HIV test results. All testing must be
conducted by medical personnel, but pre-test and other
information may be provided by committed persons who have
received appropriate training. The Department, in conjunction
with the Department of Public Health, shall develop a plan that
complies with the AIDS Confidentiality Act to deliver
confidentially all positive or negative HIV test results to
inmates or former inmates. Nothing in this Section shall
require the Department to offer HIV testing to an inmate who is
known to be infected with HIV, or who has been tested for HIV
within the previous 180 days and whose documented HIV test
result is available to the Department electronically. The
testing provided under this subsection (a-5) shall consist of a

test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention. If the test result is positive, a
reliable supplemental test based upon recommendations of the
United States Centers for Disease Control and Prevention shall
be administered.
Also upon admission of a person committed to the Department
of Juvenile Justice, the Department of Juvenile Justice must
inform the person of the Department's obligation to provide the
person with medical care.
(b) Based on its examination, the Department of Juvenile
Justice may exercise the following powers in developing a
treatment program of any person committed to the Department of
Juvenile Justice:
(1) Require participation by him in vocational,
physical, educational and corrective training and
activities to return him to the community.
(2) Place him in any institution or facility of the
Department of Juvenile Justice.
(3) Order replacement or referral to the Parole and
Pardon Board as often as it deems desirable. The Department
of Juvenile Justice shall refer the person to the Parole
and Pardon Board as required under Section 3-3-4.
(4) Enter into agreements with the Secretary of Human
Services and the Director of Children and Family Services,

with courts having probation officers, and with private
agencies or institutions for separate care or special
treatment of persons subject to the control of the
Department of Juvenile Justice.
(c) The Department of Juvenile Justice shall make periodic
reexamination of all persons under the control of the
Department of Juvenile Justice to determine whether existing
orders in individual cases should be modified or continued.
This examination shall be made with respect to every person at
least once annually.
(d) A record of the treatment decision including any
modification thereof and the reason therefor, shall be part of
the committed person's master record file.
(e) The Department of Juvenile Justice shall by certified
mail, return receipt requested, notify the parent, guardian or
nearest relative of any person committed to the Department of
Juvenile Justice of his physical location and any change
thereof.
(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
revised 9-1-11.)
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the Institution.
(a) Upon release of a person on parole, mandatory release,
final discharge or pardon the Department shall return all
property held for him, provide him with suitable clothing and

procure necessary transportation for him to his designated
place of residence and employment. It may provide such person
with a grant of money for travel and expenses which may be paid
in installments. The amount of the money grant shall be
determined by the Department.
(a-1) The Department shall, before a wrongfully imprisoned
person, as defined in Section 3-1-2 of this Code, is discharged
from the Department, provide him or her with any documents
necessary after discharge, including an identification card
under subsection (e) of this Section.
(a-2) The Department of Corrections may establish and
maintain, in any institution it administers, revolving funds to
be known as "Travel and Allowances Revolving Funds". These
revolving funds shall be used for advancing travel and expense
allowances to committed, paroled, and discharged prisoners.
The moneys paid into such revolving funds shall be from
appropriations to the Department for Committed, Paroled, and
Discharged Prisoners.
(b) (Blank).
(c) Except as otherwise provided in this Code, the
Department shall establish procedures to provide written
notification of any release of any person who has been
convicted of a felony to the State's Attorney and sheriff of
the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the
offender is to be paroled or released. Except as otherwise

provided in this Code, the Department shall establish
procedures to provide written notification to the proper law
enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the
offender or the commission of the offense took place in the
municipality, if the offender is to be paroled or released into
the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a
person convicted of a felony who is in the custody of the
Department of Corrections or on parole or mandatory supervised
release informs the Department that he or she has resided,
resides, or will reside at an address that is a housing
facility owned, managed, operated, or leased by a public
housing agency, the Department must send written notification
of that information to the public housing agency that owns,
manages, operates, or leases the housing facility. The written
notification shall, when possible, be given at least 14 days
before release of the person from custody, or as soon
thereafter as possible.
(c-1) (Blank).
(c-2) The Department shall establish procedures to provide
notice to the Department of State Police of the release or
discharge of persons convicted of violations of the
Methamphetamine Control and Community Protection Act or a
violation of the Methamphetamine Precursor Control Act. The
Department of State Police shall make this information

available to local, State, or federal law enforcement agencies
upon request.
(c-5) If a person on parole or mandatory supervised release
becomes a resident of a facility licensed or regulated by the
Department of Public Health, the Illinois Department of Public
Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide copies of the following
information to the appropriate licensing or regulating
Department and the licensed or regulated facility where the
person becomes a resident:
(1) The mittimus and any pre-sentence investigation
reports.
(2) The social evaluation prepared pursuant to Section
3-8-2.
(3) Any pre-release evaluation conducted pursuant to
subsection (j) of Section 3-6-2.
(4) Reports of disciplinary infractions and
dispositions.
(5) Any parole plan, including orders issued by the
Prisoner Review Board, and any violation reports and
dispositions.
(6) The name and contact information for the assigned
parole agent and parole supervisor.
This information shall be provided within 3 days of the
person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised

release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide written notification
of such residence to the following:
(1) The Prisoner Review Board.
(2) The chief of police and sheriff in the municipality
and county in which the licensed facility is located.
The notification shall be provided within 3 days of the
person becoming a resident of the facility.
(d) Upon the release of a committed person on parole,
mandatory supervised release, final discharge or pardon, the
Department shall provide such person with information
concerning programs and services of the Illinois Department of
Public Health to ascertain whether such person has been exposed
to the human immunodeficiency virus (HIV) or any identified
causative agent of Acquired Immunodeficiency Syndrome (AIDS).
(e) Upon the release of a committed person on parole,
mandatory supervised release, final discharge, pardon, or who
has been wrongfully imprisoned, the Department shall provide
the person who has met the criteria established by the
Department with an identification card identifying the person
as being on parole, mandatory supervised release, final
discharge, pardon, or wrongfully imprisoned, as the case may
be. The Department, in consultation with the Office of the
Secretary of State, shall prescribe the form of the

identification card, which may be similar to the form of the
standard Illinois Identification Card. The Department shall
inform the committed person that he or she may present the
identification card to the Office of the Secretary of State
upon application for a standard Illinois Identification Card in
accordance with the Illinois Identification Card Act. The
Department shall require the committed person to pay a $1 fee
for the identification card.
For purposes of a committed person receiving an
identification card issued by the Department under this
subsection, the Department shall establish criteria that the
committed person must meet before the card is issued. It is the
sole responsibility of the committed person requesting the
identification card issued by the Department to meet the
established criteria. The person's failure to meet the criteria
is sufficient reason to deny the committed person the
identification card. An identification card issued by the
Department under this subsection shall be valid for a period of
time not to exceed 30 calendar days from the date the card is
issued. The Department shall not be held civilly or criminally
liable to anyone because of any act of any person utilizing a
card issued by the Department under this subsection.
The Department shall adopt rules governing the issuance of
identification cards to committed persons being released on
parole, mandatory supervised release, final discharge, or
pardon.

(Source: P.A. 96-1550, eff. 7-1-11; 97-560, eff. 1-1-12;
revised 11-3-11.)
Section 655. The County Jail Act is amended by changing
Section 17.10 as follows:
(730 ILCS 125/17.10)
Sec. 17.10. Requirements in connection with HIV/AIDS.
(a) In each county other than Cook, during the medical
admissions exam, the warden of the jail, a correctional officer
at the jail, or a member of the jail medical staff must provide
the prisoner with appropriate written information concerning
human immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS). The Department of Public
Health and community-based organizations certified to provide
HIV/AIDS testing must provide these informational materials to
the warden at no cost to the county. The warden, a correctional
officer, or a member of the jail medical staff must inform the
prisoner of the option of being tested for infection with HIV
by a certified local community-based agency or other available
medical provider at no charge to the prisoner.
(b) In Cook County, during the medical admissions exam, an
employee of the Cook County Health & Hospitals System must
provide the prisoner with appropriate information in writing,
verbally or by video or other electronic means concerning human
immunodeficiency virus (HIV) and acquired immunodeficiency

syndrome (AIDS) and must also provide the prisoner with option
of testing for infection with HIV or any other identified
causative agent of AIDS, as well as counseling in connection
with such testing. The Cook County Health & Hospitals System
may provide the inmate with opt-out human immunodeficiency
virus (HIV) testing, as defined in Section 4 of the AIDS
Confidentiality Act, unless the inmate refuses. If opt-out HIV
testing is conducted, the Cook County Health & Hospitals System
shall place signs in English, Spanish, and other languages as
needed in multiple, highly visible locations in the area where
HIV testing is conducted informing inmates that they will be
tested for HIV unless they refuse, and refusal or acceptance of
testing shall be documented in the inmate's medical record.
Pre-test information shall be provided to the inmate and
informed consent obtained from the inmate as required in
subsection (d) of Section 3 and Section 5 of the AIDS
Confidentiality Act. The Cook County Health & Hospitals System
shall follow procedures established by the Department of Public
Health to conduct HIV testing and testing to confirm positive
HIV test results. All aspects of HIV testing shall comply with
the requirements of the AIDS Confidentiality Act, including
delivery of test results, as determined by the Cook County
Health & Hospitals System in consultation with the Illinois
Department of Public Health. Nothing in this Section shall
require the Cook County Health & Hospitals System to offer HIV
testing to inmates who are known to be infected with HIV. The

Department of Public Health and community-based organizations
certified to provide HIV/AIDS testing may provide these
informational materials to the Bureau at no cost to the county.
The testing provided under this subsection (b) shall consist of
a test approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention. If the test result is positive, a
reliable supplemental test based upon recommendations of the
United States Centers for Disease Control and Prevention shall
be administered.
(c) In each county, the warden of the jail must make
appropriate written information concerning HIV/AIDS available
to every visitor to the jail. This information must include
information concerning persons or entities to contact for local
counseling and testing. The Department of Public Health and
community-based organizations certified to provide HIV/AIDS
testing must provide these informational materials to the
warden at no cost to the office of the county sheriff.
(d) Implementation of this Section is subject to
appropriation.
(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;
revised 10-4-11.)
Section 660. The Sex Offender Registration Act is amended
by changing Section 7 as follows:

(730 ILCS 150/7) (from Ch. 38, par. 227)
Sec. 7. Duration of registration. A person who has been
adjudicated to be sexually dangerous and is later released or
found to be no longer sexually dangerous and discharged, shall
register for the period of his or her natural life. A sexually
violent person or sexual predator shall register for the period
of his or her natural life after conviction or adjudication if
not confined to a penal institution, hospital, or other
institution or facility, and if confined, for the period of his
or her natural life after parole, discharge, or release from
any such facility. A person who becomes subject to registration
under paragraph (2.1) of subsection (c) of Section 3 of this
Article who has previously been subject to registration under
this Article shall register for the period currently required
for the offense for which the person was previously registered
if not confined to a penal institution, hospital, or other
institution or facility, and if confined, for the same period
after parole, discharge, or release from any such facility.
Except as otherwise provided in this Section, a person who
becomes subject to registration under this Article who has
previously been subject to registration under this Article or
under the Murderer and Violent Offender Against Youth
Registration Act or similar registration requirements of other
jurisdictions shall register for the period of his or her
natural life if not confined to a penal institution, hospital,

or other institution or facility, and if confined, for the
period of his or her natural life after parole, discharge, or
release from any such facility. Any other person who is
required to register under this Article shall be required to
register for a period of 10 years after conviction or
adjudication if not confined to a penal institution, hospital
or any other institution or facility, and if confined, for a
period of 10 years after parole, discharge or release from any
such facility. A sex offender who is allowed to leave a county,
State, or federal facility for the purposes of work release,
education, or overnight visitations shall be required to
register within 3 days of beginning such a program. Liability
for registration terminates at the expiration of 10 years from
the date of conviction or adjudication if not confined to a
penal institution, hospital or any other institution or
facility and if confined, at the expiration of 10 years from
the date of parole, discharge or release from any such
facility, providing such person does not, during that period,
again become liable to register under the provisions of this
Article. Reconfinement due to a violation of parole or other
circumstances that relates to the original conviction or
adjudication shall extend the period of registration to 10
years after final parole, discharge, or release. Reconfinement
due to a violation of parole, a conviction reviving
registration, or other circumstances that do not relate to the
original conviction or adjudication shall toll the running of

the balance of the 10-year period of registration, which shall
not commence running until after final parole, discharge, or
release. The Director of State Police, consistent with
administrative rules, shall extend for 10 years the
registration period of any sex offender, as defined in Section
2 of this Act, who fails to comply with the provisions of this
Article. The registration period for any sex offender who fails
to comply with any provision of the Act shall extend the period
of registration by 10 years beginning from the first date of
registration after the violation. If the registration period is
extended, the Department of State Police shall send a
registered letter to the law enforcement agency where the sex
offender resides within 3 days after the extension of the
registration period. The sex offender shall report to that law
enforcement agency and sign for that letter. One copy of that
letter shall be kept on file with the law enforcement agency of
the jurisdiction where the sex offender resides and one copy
shall be returned to the Department of State Police.
(Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; revised
10-4-11.)
Section 665. The Secure Residential Youth Care Facility
Licensing Act is amended by changing Section 45-10 as follows:
(730 ILCS 175/45-10)
Sec. 45-10. Definitions. As used in this Act:

"Department" means the Illinois Department of Corrections.
"Director" means the Director of Corrections.
"Secure residential youth care facility" means a facility
(1) where youth are placed and reside for care, treatment, and
custody; (2) that is designed and operated so as to ensure that
all entrances and exits from the facility, or from a building
or distinct part of a building within the facility, are under
the exclusive control of the staff of the facility, whether or
not the youth has freedom of movement within the perimeter of
the facility or within the perimeter of a building or distinct
part of a building within the facility; and (3) that uses
physically restrictive construction including, but not limited
to, locks, bolts, gates, doors, bars, fences, and screen
barriers. This definition does not include jails, prisons,
detention centers, or other such correctional facilities;
State operated mental health facilities; or facilities
operating as psychiatric hospitals under a license pursuant to
the ID/DD Community Care Act, the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, or the Hospital
Licensing Act.
"Youth" means an adjudicated delinquent who is 18 years of
age or under and is transferred to the Department pursuant to
Section 3-10-11 of the Unified Code of Corrections.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 10-4-11.)

Section 670. The Code of Civil Procedure is amended by
changing Sections 2-203, 5-105, and 8-802 as follows:
(735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
Sec. 2-203. Service on individuals.
(a) Except as otherwise expressly provided, service of
summons upon an individual defendant shall be made (1) by
leaving a copy of the summons with the defendant personally,
(2) by leaving a copy at the defendant's usual place of abode,
with some person of the family or a person residing there, of
the age of 13 years or upwards, and informing that person of
the contents of the summons, provided the officer or other
person making service shall also send a copy of the summons in
a sealed envelope with postage fully prepaid, addressed to the
defendant at his or her usual place of abode, or (3) as
provided in Section 1-2-9.2 of the Illinois Municipal Code with
respect to violation of an ordinance governing parking or
standing of vehicles in cities with a population over 500,000.
The certificate of the officer or affidavit of the person that
he or she has sent the copy in pursuance of this Section is
evidence that he or she has done so. No employee of a facility
licensed under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act, or the ID/DD Community Care
Act shall obstruct an officer or other person making service in
compliance with this Section.
(b) The officer, in his or her certificate or in a record

filed and maintained in the Sheriff's office, or other person
making service, in his or her affidavit or in a record filed
and maintained in his or her employer's office, shall (1)
identify as to sex, race, and approximate age the defendant or
other person with whom the summons was left and (2) state the
place where (whenever possible in terms of an exact street
address) and the date and time of the day when the summons was
left with the defendant or other person.
(c) Any person who knowingly sets forth in the certificate
or affidavit any false statement, shall be liable in civil
contempt. When the court holds a person in civil contempt under
this Section, it shall award such damages as it determines to
be just and, when the contempt is prosecuted by a private
attorney, may award reasonable attorney's fees.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 10-4-11.)
(735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
Sec. 5-105. Leave to sue or defend as an indigent person.
(a) As used in this Section:
(1) "Fees, costs, and charges" means payments imposed
on a party in connection with the prosecution or defense of
a civil action, including, but not limited to: filing fees;
appearance fees; fees for service of process and other
papers served either within or outside this State,
including service by publication pursuant to Section 2-206

of this Code and publication of necessary legal notices;
motion fees; jury demand fees; charges for participation
in, or attendance at, any mandatory process or procedure
including, but not limited to, conciliation, mediation,
arbitration, counseling, evaluation, "Children First",
"Focus on Children" or similar programs; fees for
supplementary proceedings; charges for translation
services; guardian ad litem fees; charges for certified
copies of court documents; and all other processes and
procedures deemed by the court to be necessary to commence,
prosecute, defend, or enforce relief in a civil action.
(2) "Indigent person" means any person who meets one or
more of the following criteria:
(i) He or she is receiving assistance under one or
more of the following public benefits programs:
Supplemental Security Income (SSI), Aid to the Aged,
Blind and Disabled (AABD), Temporary Assistance for
Needy Families (TANF), Food Stamps, General
Assistance, State Transitional Assistance, or State
Children and Family Assistance.
(ii) His or her available income is 125% or less of
the current poverty level as established by the United
States Department of Health and Human Services, unless
the applicant's assets that are not exempt under Part 9
or 10 of Article XII of this Code are of a nature and
value that the court determines that the applicant is

able to pay the fees, costs, and charges.
(iii) He or she is, in the discretion of the court,
unable to proceed in an action without payment of fees,
costs, and charges and whose payment of those fees,
costs, and charges would result in substantial
hardship to the person or his or her family.
(iv) He or she is an indigent person pursuant to
Section 5-105.5 of this Code.
(b) On the application of any person, before, or after the
commencement of an action, a court, on finding that the
applicant is an indigent person, shall grant the applicant
leave to sue or defend the action without payment of the fees,
costs, and charges of the action.
(c) An application for leave to sue or defend an action as
an indigent person shall be in writing and supported by the
affidavit of the applicant or, if the applicant is a minor or
an incompetent adult, by the affidavit of another person having
knowledge of the facts. The contents of the affidavit shall be
established by Supreme Court Rule. The court shall provide,
through the office of the clerk of the court, simplified forms
consistent with the requirements of this Section and applicable
Supreme Court Rules to any person seeking to sue or defend an
action who indicates an inability to pay the fees, costs, and
charges of the action. The application and supporting affidavit
may be incorporated into one simplified form. The clerk of the
court shall post in a conspicuous place in the courthouse a

notice no smaller than 8.5 x 11 inches, using no smaller than
30-point typeface printed in English and in Spanish, advising
the public that they may ask the court for permission to sue or
defend a civil action without payment of fees, costs, and
charges. The notice shall be substantially as follows:
"If you are unable to pay the fees, costs, and charges
of an action you may ask the court to allow you to proceed
without paying them. Ask the clerk of the court for forms."
(d) The court shall rule on applications under this Section
in a timely manner based on information contained in the
application unless the court, in its discretion, requires the
applicant to personally appear to explain or clarify
information contained in the application. If the court finds
that the applicant is an indigent person, the court shall enter
an order permitting the applicant to sue or defend without
payment of fees, costs, or charges. If the application is
denied, the court shall enter an order to that effect stating
the specific reasons for the denial. The clerk of the court
shall promptly mail or deliver a copy of the order to the
applicant.
(e) The clerk of the court shall not refuse to accept and
file any complaint, appearance, or other paper presented by the
applicant if accompanied by an application to sue or defend in
forma pauperis, and those papers shall be considered filed on
the date the application is presented. If the application is
denied, the order shall state a date certain by which the

necessary fees, costs, and charges must be paid. The court, for
good cause shown, may allow an applicant whose application is
denied to defer payment of fees, costs, and charges, make
installment payments, or make payment upon reasonable terms and
conditions stated in the order. The court may dismiss the
claims or defenses of any party failing to pay the fees, costs,
or charges within the time and in the manner ordered by the
court. A determination concerning an application to sue or
defend in forma pauperis shall not be construed as a ruling on
the merits.
(f) The court may order an indigent person to pay all or a
portion of the fees, costs, or charges waived pursuant to this
Section out of moneys recovered by the indigent person pursuant
to a judgment or settlement resulting from the civil action.
However, nothing in is this Section shall be construed to limit
the authority of a court to order another party to the action
to pay the fees, costs, or charges of the action.
(g) A court, in its discretion, may appoint counsel to
represent an indigent person, and that counsel shall perform
his or her duties without fees, charges, or reward.
(h) Nothing in this Section shall be construed to affect
the right of a party to sue or defend an action in forma
pauperis without the payment of fees, costs, or charges, or the
right of a party to court-appointed counsel, as authorized by
any other provision of law or by the rules of the Illinois
Supreme Court.

(i) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 91-621, eff. 8-19-99; revised 11-21-11.)
(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
Sec. 8-802. Physician and patient. No physician or surgeon
shall be permitted to disclose any information he or she may
have acquired in attending any patient in a professional
character, necessary to enable him or her professionally to
serve the patient, except only (1) in trials for homicide when
the disclosure relates directly to the fact or immediate
circumstances of the homicide, (2) in actions, civil or
criminal, against the physician for malpractice, (3) with the
expressed consent of the patient, or in case of his or her
death or disability, of his or her personal representative or
other person authorized to sue for personal injury or of the
beneficiary of an insurance policy on his or her life, health,
or physical condition, or as authorized by Section 8-2001.5,
(4) in all actions brought by or against the patient, his or
her personal representative, a beneficiary under a policy of
insurance, or the executor or administrator of his or her
estate wherein the patient's physical or mental condition is an
issue, (5) upon an issue as to the validity of a document as a
will of the patient, (6) in any criminal action where the
charge is either first degree murder by abortion, attempted
abortion or abortion, (7) in actions, civil or criminal,

arising from the filing of a report in compliance with the
Abused and Neglected Child Reporting Act, (8) to any
department, agency, institution or facility which has custody
of the patient pursuant to State statute or any court order of
commitment, (9) in prosecutions where written results of blood
alcohol tests are admissible pursuant to Section 11-501.4 of
the Illinois Vehicle Code, (10) in prosecutions where written
results of blood alcohol tests are admissible under Section
5-11a of the Boat Registration and Safety Act, (11) in criminal
actions arising from the filing of a report of suspected
terrorist offense in compliance with Section 29D-10(p)(7) of
the Criminal Code of 1961, or (12) upon the issuance of a
subpoena pursuant to Section 38 of the Medical Practice Act of
1987; the issuance of a subpoena pursuant to Section 25.1 of
the Illinois Dental Practice Act; the issuance of a subpoena
pursuant to Section 22 of the Nursing Home Administrators
Licensing and Disciplinary Act; or the issuance of a subpoena
pursuant to Section 25.5 of the Workers' Compensation Act.
In the event of a conflict between the application of this
Section and the Mental Health and Developmental Disabilities
Confidentiality Act to a specific situation, the provisions of
the Mental Health and Developmental Disabilities
Confidentiality Act shall control.
(Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11;
revised 11-29-11.)

Section 675. The Eminent Domain Act is amended by changing
Sections 15-5-15 and 15-5-46 and by setting forth and
renumbering multiple versions of Section 25-5-30 as follows:
(735 ILCS 30/15-5-15)
Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70
through 75. The following provisions of law may include express
grants of the power to acquire property by condemnation or
eminent domain:
(70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport
authorities; for public airport facilities.
(70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport
authorities; for removal of airport hazards.
(70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport
authorities; for reduction of the height of objects or
structures.
(70 ILCS 10/4); Interstate Airport Authorities Act; interstate
airport authorities; for general purposes.
(70 ILCS 15/3); Kankakee River Valley Area Airport Authority
Act; Kankakee River Valley Area Airport Authority; for
acquisition of land for airports.
(70 ILCS 200/2-20); Civic Center Code; civic center
authorities; for grounds, centers, buildings, and parking.
(70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center
Authority; for grounds, centers, buildings, and parking.

(70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/15-40); Civic Center Code; Benton Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/20-15); Civic Center Code; Bloomington Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/35-35); Civic Center Code; Brownstown Park
District Civic Center Authority; for grounds, centers,
buildings, and parking.
(70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/55-60); Civic Center Code; Chicago South Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/60-30); Civic Center Code; Collinsville
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/80-15); Civic Center Code; DuPage County

Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/115-35); Civic Center Code; Jasper County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/120-25); Civic Center Code; Jefferson County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/125-15); Civic Center Code; Jo Daviess County
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/130-30); Civic Center Code; Katherine Dunham
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/150-35); Civic Center Code; Mason County Civic

Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan
Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/165-35); Civic Center Code; Melrose Park
Metropolitan Exposition Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/170-20); Civic Center Code; certain Metropolitan
Exposition, Auditorium and Office Building Authorities;
for general purposes.
(70 ILCS 200/180-35); Civic Center Code; Normal Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/215-15); Civic Center Code; Illinois Quad City

Civic Center Authority; for grounds, centers, buildings,
and parking.
(70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/225-35); Civic Center Code; Randolph County Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/230-35); Civic Center Code; River Forest
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/245-35); Civic Center Code; Salem Civic Center
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/255-20); Civic Center Code; Springfield
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan
Exposition, Auditorium and Office Building Authority; for
grounds, centers, buildings, and parking.
(70 ILCS 200/265-20); Civic Center Code; Vermilion County
Metropolitan Exposition, Auditorium and Office Building
Authority; for grounds, centers, buildings, and parking.
(70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center
Authority; for grounds, centers, buildings, and parking.

(70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic
Center Authority; for grounds, centers, buildings, and
parking.
(70 ILCS 200/280-20); Civic Center Code; Will County
Metropolitan Exposition and Auditorium Authority; for
grounds, centers, and parking.
(70 ILCS 210/5); Metropolitan Pier and Exposition Authority
Act; Metropolitan Pier and Exposition Authority; for
general purposes, including quick-take power.
(70 ILCS 405/22.04); Soil and Water Conservation Districts Act;
soil and water conservation districts; for general
purposes.
(70 ILCS 410/10 and 410/12); Conservation District Act;
conservation districts; for open space, wildland, scenic
roadway, pathway, outdoor recreation, or other
conservation benefits.
(70 ILCS 503/25); Chanute-Rantoul National Aviation Center
Redevelopment Commission Act; Chanute-Rantoul National
Aviation Center Redevelopment Commission; for general
purposes.
(70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;
Fort Sheridan Redevelopment Commission; for general
purposes or to carry out comprehensive or redevelopment
plans.
(70 ILCS 520/8); Southwestern Illinois Development Authority
Act; Southwestern Illinois Development Authority; for

general purposes, including quick-take power.
(70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;
drainage districts; for general purposes.
(70 ILCS 615/5 and 615/6); Chicago Drainage District Act;
corporate authorities; for construction and maintenance of
works.
(70 ILCS 705/10); Fire Protection District Act; fire protection
districts; for general purposes.
(70 ILCS 750/20); Flood Prevention District Act; flood
prevention districts; for general purposes.
(70 ILCS 805/6); Downstate Forest Preserve District Act;
certain forest preserve districts; for general purposes.
(70 ILCS 805/18.8); Downstate Forest Preserve District Act;
certain forest preserve districts; for recreational and
cultural facilities.
(70 ILCS 810/8); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for general
purposes.
(70 ILCS 810/38); Cook County Forest Preserve District Act;
Forest Preserve District of Cook County; for recreational
facilities.
(70 ILCS 910/15 and 910/16); Hospital District Law; hospital
districts; for hospitals or hospital facilities.
(70 ILCS 915/3); Illinois Medical District Act; Illinois
Medical District Commission; for general purposes.
(70 ILCS 915/4.5); Illinois Medical District Act; Illinois

Medical District Commission; quick-take power for the
Illinois State Police Forensic Science Laboratory
(obsolete).
(70 ILCS 920/5); Tuberculosis Sanitarium District Act;
tuberculosis sanitarium districts; for tuberculosis
sanitariums.
(70 ILCS 925/20); Mid-Illinois Medical District Act;
Mid-Illinois Medical District; for general purposes.
(70 ILCS 930/20); Mid-America Medical District Act;
Mid-America Medical District Commission; for general
purposes.
(70 ILCS 935/20); Roseland Community Medical District Act;
medical district; for general purposes.
(70 ILCS 1005/7); Mosquito Abatement District Act; mosquito
abatement districts; for general purposes.
(70 ILCS 1105/8); Museum District Act; museum districts; for
general purposes.
(70 ILCS 1205/7-1); Park District Code; park districts; for
streets and other purposes.
(70 ILCS 1205/8-1); Park District Code; park districts; for
parks.
(70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park
districts; for airports and landing fields.
(70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park
districts; for State land abutting public water and certain
access rights.

(70 ILCS 1205/11.1-3); Park District Code; park districts; for
harbors.
(70 ILCS 1225/2); Park Commissioners Land Condemnation Act;
park districts; for street widening.
(70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control
Act; park districts; for parks, boulevards, driveways,
parkways, viaducts, bridges, or tunnels.
(70 ILCS 1250/2); Park Commissioners Street Control (1889) Act;
park districts; for boulevards or driveways.
(70 ILCS 1290/1); Park District Aquarium and Museum Act;
municipalities or park districts; for aquariums or
museums.
(70 ILCS 1305/2); Park District Airport Zoning Act; park
districts; for restriction of the height of structures.
(70 ILCS 1310/5); Park District Elevated Highway Act; park
districts; for elevated highways.
(70 ILCS 1505/15); Chicago Park District Act; Chicago Park
District; for parks and other purposes.
(70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park
District; for parking lots or garages.
(70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park
District; for harbors.
(70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation
Act; Lincoln Park Commissioners; for land and interests in
land, including riparian rights.
(70 ILCS 1801/30); Alexander-Cairo Port District Act;

Alexander-Cairo Port District; for general purposes.
(70 ILCS 1805/8); Havana Regional Port District Act; Havana
Regional Port District; for general purposes.
(70 ILCS 1810/7); Illinois International Port District Act;
Illinois International Port District; for general
purposes.
(70 ILCS 1815/13); Illinois Valley Regional Port District Act;
Illinois Valley Regional Port District; for general
purposes.
(70 ILCS 1820/4); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for removal of airport hazards or reduction of
the height of objects or structures.
(70 ILCS 1820/5); Jackson-Union Counties Regional Port
District Act; Jackson-Union Counties Regional Port
District; for general purposes.
(70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of airport hazards.
(70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet
Regional Port District; for removal of hazards from ports
and terminals.
(70 ILCS 1825/5); Joliet Regional Port District Act; Joliet
Regional Port District; for general purposes.

(70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for removal of hazards
from ports and terminals.
(70 ILCS 1830/14); Kaskaskia Regional Port District Act;
Kaskaskia Regional Port District; for general purposes.
(70 ILCS 1831/30); Massac-Metropolis Port District Act;
Massac-Metropolis Port District; for general purposes.
(70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for removal of airport
hazards.
(70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for reduction of the height
of objects or structures.
(70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.
Carmel Regional Port District; for general purposes.
(70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port
District; for general purposes.
(70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca
Regional Port District; for removal of airport hazards.
(70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca
Regional Port District; for reduction of the height of
objects or structures.
(70 ILCS 1845/5); Seneca Regional Port District Act; Seneca
Regional Port District; for general purposes.
(70 ILCS 1850/4); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for removal of airport

hazards or reduction of the height of objects or
structures.
(70 ILCS 1850/5); Shawneetown Regional Port District Act;
Shawneetown Regional Port District; for general purposes.
(70 ILCS 1855/4); Southwest Regional Port District Act;
Southwest Regional Port District; for removal of airport
hazards or reduction of the height of objects or
structures.
(70 ILCS 1855/5); Southwest Regional Port District Act;
Southwest Regional Port District; for general purposes.
(70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City
Regional Port District; for removal of airport hazards.
(70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City
Regional Port District; for the development of facilities.
(70 ILCS 1863/11); Upper Mississippi River International Port
District Act; Upper Mississippi River International Port
District; for general purposes.
(70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port
District; for removal of airport hazards.
(70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port
District; for restricting the height of objects or
structures.
(70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port
District; for the development of facilities.
(70 ILCS 1870/8); White County Port District Act; White County
Port District; for the development of facilities.

(70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad
Terminal Authority (Chicago); for general purposes.
(70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority
Act; Grand Avenue Railroad Relocation Authority; for
general purposes, including quick-take power (now
obsolete).
(70 ILCS 2105/9b); River Conservancy Districts Act; river
conservancy districts; for general purposes.
(70 ILCS 2105/10a); River Conservancy Districts Act; river
conservancy districts; for corporate purposes.
(70 ILCS 2205/15); Sanitary District Act of 1907; sanitary
districts; for corporate purposes.
(70 ILCS 2205/18); Sanitary District Act of 1907; sanitary
districts; for improvements and works.
(70 ILCS 2205/19); Sanitary District Act of 1907; sanitary
districts; for access to property.
(70 ILCS 2305/8); North Shore Sanitary District Act; North
Shore Sanitary District; for corporate purposes.
(70 ILCS 2305/15); North Shore Sanitary District Act; North
Shore Sanitary District; for improvements.
(70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary
District of Decatur; for carrying out agreements to sell,
convey, or disburse treated wastewater to a private entity.
(70 ILCS 2405/8); Sanitary District Act of 1917; sanitary
districts; for corporate purposes.
(70 ILCS 2405/15); Sanitary District Act of 1917; sanitary

districts; for improvements.
(70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of
1917; sanitary districts; for waterworks.
(70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary
districts; for public sewer and water utility treatment
works.
(70 ILCS 2405/18); Sanitary District Act of 1917; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2605/8); Metropolitan Water Reclamation District Act;
Metropolitan Water Reclamation District; for corporate
purposes.
(70 ILCS 2605/16); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; quick-take
power for improvements.
(70 ILCS 2605/17); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for bridges.
(70 ILCS 2605/35); Metropolitan Water Reclamation District
Act; Metropolitan Water Reclamation District; for widening
and deepening a navigable stream.
(70 ILCS 2805/10); Sanitary District Act of 1936; sanitary
districts; for corporate purposes.
(70 ILCS 2805/24); Sanitary District Act of 1936; sanitary
districts; for improvements.
(70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936;
sanitary districts; for drainage systems.

(70 ILCS 2805/27); Sanitary District Act of 1936; sanitary
districts; for dams or other structures to regulate water
flow.
(70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary
districts; for water supply.
(70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary
districts; for waterworks.
(70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;
Metro-East Sanitary District; for corporate purposes.
(70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;
Metro-East Sanitary District; for access to property.
(70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary
districts; for sewerage systems.
(70 ILCS 3205/12); Illinois Sports Facilities Authority Act;
Illinois Sports Facilities Authority; quick-take power for
its corporate purposes (obsolete).
(70 ILCS 3405/16); Surface Water Protection District Act;
surface water protection districts; for corporate
purposes.
(70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago
Transit Authority; for transportation systems.
(70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago
Transit Authority; for general purposes.
(70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago
Transit Authority; for general purposes, including
railroad property.

(70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;
local mass transit districts; for general purposes.
(70 ILCS 3615/2.13); Regional Transportation Authority Act;
Regional Transportation Authority; for general purposes.
(70 ILCS 3705/8 and 3705/12); Public Water District Act; public
water districts; for waterworks.
(70 ILCS 3705/23a); Public Water District Act; public water
districts; for sewerage properties.
(70 ILCS 3705/23e); Public Water District Act; public water
districts; for combined waterworks and sewerage systems.
(70 ILCS 3715/6); Water Authorities Act; water authorities; for
facilities to ensure adequate water supply.
(70 ILCS 3715/27); Water Authorities Act; water authorities;
for access to property.
(75 ILCS 5/4-7); Illinois Local Library Act; boards of library
trustees; for library buildings.
(75 ILCS 16/30-55.80); Public Library District Act of 1991;
public library districts; for general purposes.
(75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate
authorities of city or park district, or board of park
commissioners; for free public library buildings.
(Source: P.A. 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11;
incorporates 96-1522, eff. 2-14-11, and 97-259, eff. 8-5-11;
revised 9-21-11.)
(735 ILCS 30/15-5-46)

Sec. 15-5-46. Eminent domain powers in new Acts. The
following provisions of law may include express grants of the
power to acquire property by condemnation or eminent domain:
(Reserved).
Ottawa Port District Act; Ottawa Port District; for general
purposes.
Roseland Community Medical District Act; medical district; for
general purposes.
(Source: P.A. 96-1522, eff. 2-14-11; revised 8-11-11.)
(735 ILCS 30/25-5-30)
Sec. 25-5-30. Quick-take; Village of Johnsburg. Quick-take
proceedings under Article 20 may be used for a period of no
longer than one year after the effective date of this
amendatory Act of the 96th General Assembly, by the Village of
Johnsburg, McHenry County for the acquisition of the following
described property for the purpose of constructing a METRA rail
station and rail storage yard:
LEGAL DESCRIPTION
THAT PART OF SECTION 15 AND 22, IN TOWNSHIP 45 NORTH, RANGE
8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY
RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD (FORMERLY
THE CHICAGO AND NORTHWESTERN RAILWAY) AND THE

NORTHEASTERLY RIGHT-OF-WAY LINE OF FEDERAL AID ROUTE 420
(ALSO KNOWN AS FEDERAL AID ROUTE 201); THENCE NORTH 61
DEGREES 54 MINUTES 08 SECONDS WEST (BEARINGS BASED ON
ILLINOIS STATE PLANE COORDINATES EAST ZONE 1983 DATUM)
ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF
503.21 FEET TO A BEND POINT IN SAID NORTHEASTERLY
RIGHT-OF-WAY LINE; THENCE NORTH 63 DEGREES 49 MINUTES 56
SECONDS WEST ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 837.29 FEET TO A BEND POINT IN SAID
NORTHEASTERLY RIGHT-OF-WAY LINE; THENCE NORTH 64 DEGREES
23 MINUTES 38 SECONDS WEST ALONG SAID NORTHEASTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 81.77 FEET; THENCE NORTH
11 DEGREES 48 MINUTES 49 SECONDS WEST, A DISTANCE OF 737.72
FEET; THENCE NORTH 35 DEGREES 16 MINUTES 32 SECONDS WEST, A
DISTANCE OF 1001.50 FEET; THENCE NORTH 33 DEGREES 34
MINUTES 33 SECONDS WEST, A DISTANCE OF 1019.96 FEET TO A
POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVE, CONCAVE
TO THE EAST, HAVING A RADIUS OF 600.00 FEET, AN ARC LENGTH
OF 346.77 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID
CURVE HAVING A LENGTH OF 341.97 FEET AND A BEARING OF NORTH
17 DEGREES 01 MINUTES 07 SECONDS WEST; THENCE NORTH 00
DEGREES 27 MINUTES 41 SECONDS WEST, A DISTANCE OF 518.80
FEET TO THE POINT OF INTERSECTION WITH A LINE 80.00 FEET
SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH HALF
OF THE NORTHWEST QUARTER OF SAID SECTION 15; THENCE SOUTH
89 DEGREES 04 MINUTES 23 SECONDS EAST ALONG SAID LINE 80.00

FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH
HALF OF THE NORTHWEST QUARTER OF SAID SECTION 15, A
DISTANCE OF 323.79 FEET; THENCE SOUTH 00 DEGREES 27 MINUTES
41 SECONDS EAST, A DISTANCE OF 545.39 FEET; THENCE SOUTH 33
DEGREES 34 MINUTES 33 SECONDS EAST, A DISTANCE OF 563.07
FEET; THENCE SOUTH 86 DEGREES 02 MINUTES 35 SECONDS EAST, A
DISTANCE OF 289.88 FEET; THENCE SOUTH 3 DEGREES 57 MINUTES
25 SECONDS WEST, A DISTANCE OF 242.15 FEET; THENCE SOUTH 51
DEGREES 02 MINUTES 02 SECONDS EAST, A DISTANCE OF 159.41
FEET; THENCE NORTH 88 DEGREES 00 MINUTES 32 SECONDS EAST, A
DISTANCE OF 750.85 FEET TO THE POINT OF INTERSECTION WITH
SAID WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC
RAILROAD; THENCE SOUTH 19 DEGREES 11 MINUTES 49 SECONDS
EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF
2677.76 FEET TO THE POINT OF BEGINNING, IN McHENRY COUNTY,
ILLINOIS.
(Source: P.A. 96-1525, eff. 2-14-11.)
(735 ILCS 30/25-5-35)
Sec. 25-5-35 25-5-30. Quick-take; City of Country Club
Hills. Quick-take proceedings under Article 20 may be used for
a period of no longer than one year from the effective date of
this amendatory Act of the 96th General Assembly by the City of
Country Club Hills for the acquisition of the following
described property for the purpose of building streets,
roadways, or other public improvements to serve the City's

I-57/I-80 Tax Increment Financing District:
That part of Lots 2, 4 through 10 (both inclusive) and 16
in Gatling Country Club Hills Resubdivision being a
Resubdivision of part of Gatling Country Club Hills
Subdivision in the Northeast Quarter of Section 27,
Township 36 North, Range 13 East of the Third Principal
Meridian, South of the Indian Boundary Line, according to
the plat thereof recorded June 9, 2004 as Document No.
0416145163, taken as a tract and described as follows:
Beginning at the Northwesterly corner of said Lot 10;
thence North 89 Degrees 58 Minutes 52 Seconds West along
the North line of said Lot 16, 100.47 feet to the Northeast
corner of said Lot 16; thence South 00 Degrees 01 Minute 08
Seconds West along the West line of Lot 16, 24.00 feet;
thence North 89 Degrees 58 Minutes 52 Seconds West, 12.20
Feet; thence South 11 Degrees 27 Minutes 13 Seconds East,
46.94 feet; thence South 00 Degrees 00 Minutes 31 Seconds
East, 132.33 feet to a point of curve; thence Southerly
along a curve concave Westerly having a radius of 37.73
feet and a central angle of 50 Degrees 50 Minutes 17
Seconds a distance of 30.81 feet to a point of tangency,
thence South 50 Degrees 05 Minutes 28 Seconds West, 30.65
feet; thence South 90 Degrees 00 Minutes 00 Seconds West,
1177.04 feet to the West line of said Resubdivision; thence
South 00 Degrees 00 Minutes 00 Seconds West along said last

described line, 45.00 feet; thence South 90 Degrees 00
Minutes 00 Seconds East, 1192.95 feet; thence South 45
Degrees 00 Minutes 00 Seconds East, 54.13 feet; thence
South 00 Degrees 03 Minutes 38 Seconds East, 18.73 feet;
thence North 89 Degrees 56 Minutes 22 Seconds East, 45.00
feet; thence North 00 Degrees 03 Minutes 38 Seconds West,
20.23 feet; thence North 45 Degrees 00 Minutes 00 Seconds,
43.46 feet; thence North 90 Degrees 00 Minutes 00 Seconds
East, 163.27 feet; thence North 00 Degrees 00 Minutes 00
Seconds West, 50.00 feet; thence North 89 Degrees 59
Minutes 59 Seconds West, 69.27 feet; thence North 85
Degrees 04 Minutes 24 Seconds West, 51.65 feet; thence
North 74 Degrees 17 Minutes 00 Seconds West, 26.77 feet;
thence North 00 Degrees 00 Minutes 00 Seconds East, 8.29
feet; thence North 45 Degrees 00 Minutes 00 Seconds West,
43.54 feet; thence North 00 Degrees 00 Minutes 00 Seconds
East, 133.54 feet; thence North 19 Degrees 33 Minutes 58
Seconds East, 69.77 feet to the point of beginning, all in
Cook County, Illinois.
(Source: P.A. 96-1537, eff. 3-4-11; revised 4-18-11.)
(735 ILCS 30/25-5-40)
Sec. 25-5-40 25-5-30. Quick-take; Will County. Quick-take
proceedings under Article 20 may be used for a period of one
year after the effective date of this amendatory Act of the
97th General Assembly by Will County for the acquisition of

property to be used for the reconstruction of the Weber Road
(County Highway 88) and Renwick Road (County Highway 36)
intersection, as follows:
PARCEL 0001
The east 30.00 feet of that part of Lot 6 in McGilvray Acres,
being a subdivision of part of the Northeast Quarter of Section
19, Township 36 North, Range 10 East of the Third Principal
Meridian, according to the plat thereof recorded December 15,
1965, as Document No. R65-11631, lying southerly of a line
described as follows: Beginning at a point on the west line of
Lot 6, said point being 110.00 feet south of the north line of
said lot; thence southeasterly to a point on the east line of
said lot, said point being 114.00 feet south of the north line
of said Lot 6
Together with
That part of the east half of the Northeast Quarter of Section
19, Township 36 North, Range 10 East of the Third Principal
Meridian lying south of the south line (and easterly projection
thereof) of aforementioned Lot 6 in McGilvray Acres, lying
northerly of the north line of McGilvray Drive, and lying east
of the east line of McGilvray Acres Unit No. 3, according to
the plat thereof recorded May 25, 1973, as Document No.

R73-14934 bounded by a line described as follows, to wit:
Beginning at the intersection of the west line of Weber Road as
dedicated by Document No. R78-19275, recorded May 25, 1978 with
the north line of McGilvray Drive as dedicated by Document No.
R69-20184, recorded October 30, 1969; thence South 89 Degrees
25 Minutes 29 Seconds West,(on an assumed bearing) along the
north line of said McGilvray Drive, 70.00 feet; thence North 44
Degrees 42 Minutes 59 Seconds East, 71.07 feet to a point in
the west line of the east 70.00 feet of the Northeast Quarter
of aforesaid Section 19; thence North 00 Degrees 00 Minutes 29
Seconds East, along said west line, 46.02 to a point in the
south line of aforementioned Lot 6 in McGilvray Acres; thence
North 89 Degrees 39 Minutes 49 Seconds East, along said south
line, 20.00 feet to a point in the aforementioned west line of
Weber Road; thence South 00 Degrees 00 Minutes 29 Seconds West,
along said west line, 95.94 feet to the point of beginning. All
situated in Will County, Illinois.
Said parcel containing 6,686 square feet, (0.154 acres) of
land, more or less.
PARCEL 0002
The east 30.00 feet of the north 114.00 feet of Lot 6 in
McGilvray Acres, being a subdivision of part of the Northeast
Quarter of Section 19, Township 36 North, Range 10 East of the

Third Principal Meridian, according to the plat thereof
recorded December 15, 1965, as Document No. R65-11631, in Will
County, Illinois, excepting therefrom that part of the north
114.00 feet of said Lot 6 described as beginning at a point on
the west line of said Lot 6, said point being 110 feet south of
the north line of said lot; thence southeasterly to a point on
the east line of said lot, said point being 114 feet south of
the north line of said lot; thence west parallel to the north
line of said lot, 290 feet to the west line of said lot; thence
north 4 feet to the point of beginning. Situated in the County
of Will and State of Illinois.
Said parcel containing 3,414 square feet, (0.078 acres) of
land, more or less.
PARCEL 0004
The east 30.00 feet of Lot 4 in McGilvray Acres, being a
subdivision of part of the Northeast Quarter of Section 19,
Township 36 North, Range 10 East of the Third Principal
Meridian, according to the plat thereof recorded December 15,
1965, as Document No. R65-11631. Situated in Will County,
Illinois.
Said parcel containing 3,960 square feet, (0.091 acres) of
land, more or less.

PARCEL 0005
The east 30.00 feet of Lot 3 in McGilvray Acres, being a
subdivision of part of the Northeast Quarter of Section 19,
Township 36 North, Range 10 East of the Third Principal
Meridian, according to the plat thereof recorded December 15,
1965, as Document No. R65-11631. Situated in Will County,
Illinois.
Said parcel containing 3,960 square feet, (0.091 acres) of
land, more or less.
PARCEL 0006
The east 30.00 feet of Lot 2 in McGilvray Acres, being a
subdivision of part of the Northeast Quarter of Section 19,
Township 36 North, Range 10 East of the Third Principal
Meridian, according to the plat thereof recorded December 15,
1965, as Document No. R65-11631. Situated in Will County,
Illinois.
Said parcel containing 3,960 square feet, (0.091 acres) of
land, more or less.
PARCEL 0007

The east 30.00 feet of Lot 1 in McGilvray Acres, being a
subdivision of part of the Northeast Quarter of Section 19,
Township 36 North, Range 10 East of the Third Principal
Meridian, according to the plat thereof recorded December 15,
1965, as Document No. R65-11631. Situated in Will County,
Illinois.
Said parcel containing 3,960 square feet, (0.091 acres) of
land, more or less.
PARCEL 0007 T.E.
The south 50.00 feet of the north 64.00 feet of the west 10.00
feet of the east 40.00 feet of Lot 1 in McGilvray Acres, being
a subdivision of part of the Northeast Quarter of Section 19,
Township 36 North, Range 10 East of the Third Principal
Meridian, according to the plat thereof recorded December 15,
1965, as Document No. R65-11631. Situated in Will County,
Illinois.
Said parcel containing 500 square feet, (.011 Acres) of land,
more or less.
PARCEL 0008
The west 20.00 feet of the east 70.00 feet of the south 132.00
feet of the north 1,056.00 feet of the east 330.00 feet of the

Northeast Quarter of Section 19, Township 36 North, Range 10
East of the Third Principal Meridian, in Will County, Illinois.
Said parcel containing 2,640 square feet, (0.061 acres) of
land, more or less.
PARCEL 0008 T.E.
That part of the south 132.00 feet of the north 1,056.00 feet
of the Northeast Quarter of Section 19, Township 36 North,
Range 10 East of the Third Principal Meridian, bounded by a
line described as follows, to wit: Commencing at the
intersection of the south line of the north 1,056.00 feet of
the aforesaid Northeast Quarter with the west line of Weber
Road according to Document Numbers R83-13447 and R85-05784,
said line also being the west line of the east 50.00 feet of
said Northeast Quarter; thence South 89 Degrees 39 Minutes 49
Seconds West, along the south line of the north 1,056.00 feet
of said Northeast Quarter, 20.00 feet; thence North 00 Degrees
00 Minutes 29 Seconds East, parallel with the east line of said
Northeast Quarter, 5.00 feet to the Point of Beginning; thence
South 89 Degrees 39 Minutes 49 Seconds West, parallel with the
north line of said Northeast Quarter, 10.00 feet; thence North
00 Degrees 00 Minutes 29 Seconds East, parallel with the east
line of said Northeast Quarter, 50.00 feet; thence North 89
Degrees 39 Minutes 49 Seconds East, parallel with the north

line of said Northeast Quarter, 10.00 feet; thence South 00
Degrees 00 Minutes 29 Seconds West, parallel with the east line
of said Northeast Quarter, 50.00 feet to the Point of
Beginning, in Will County, Illinois.
Said parcel containing 500 square feet, (0.011 Acres) of land,
more or less.
PARCEL 0009
The west 20.00 feet of the east 70.00 feet of the south 132.00
feet of the north 924.00 feet of the east 330.00 feet of the
Northeast Quarter of Section 19, Township 36 North, Range 10
East of the Third Principal Meridian, in Will County, Illinois.
Said parcel containing 2,640 square feet, (0.061 acres) of
land, more or less.
PARCEL 0010
The west 20.00 feet of the east 70.00 feet of the south 120.00
feet of the north 792.00 feet of the east 330.00 feet of the
Northeast Quarter of Section 19, Township 36 North, Range 10
East of the Third Principal Meridian, in Will County, Illinois.
Said parcel containing 2,400 square feet, (0.055 acres) of
land, more or less.
PARCEL 0011

The west 20.00 feet of the east 70.00 feet of the south 132.00
feet of the north 672.00 feet of the east 330.00 feet of the
Northeast Quarter of Section 19, Township 36 North, Range 10
East of the Third Principal Meridian, in Will County, Illinois.
Said parcel containing 2,640 square feet, (0.061 acres) of
land, more or less.
PARCEL 0012
The west 20.00 feet of the east 70.00 feet of the south 144.00
feet of the north 540.00 feet of the east 330.00 feet of the
Northeast Quarter of Section 19, Township 36 North, Range 10
East of the Third Principal Meridian, in Will County, Illinois.
Said parcel containing 2,880 square feet, (0.066 acres) of
land, more or less.
PARCEL 0013
The west 20.00 feet of the east 70.00 feet of the south 132.00
feet of the north 396.00 feet of the east 330.00 feet of the
Northeast Quarter of Section 19, Township 36 North, Range 10
East of the Third Principal Meridian, in Will County, Illinois.

Said parcel containing 2,640 square feet, (0.061 acres) of
land, more or less.
PARCEL 0014
That part of the North 264.00 feet of the East 330.00 feet of
the Northeast Quarter of Section 19, Township 36 North, Range
10 East of the Third Principal Meridian, bounded by a line
described as follows: Beginning at the point of intersection of
the south line of the north 264.00 feet of the East 330.00 feet
of said Northeast Quarter with the west line of the East 50.00
feet of said Northeast Quarter, said line being the west line
of Weber Road according to Document R78-31739; thence South 89
Degrees 39 Minutes 49 Seconds West, on an assumed bearing,
along the south line of the North 264.00 feet of said Northeast
Quarter, 20.00 feet to a point in the west line of the East
70.00 feet of said Northeast Quarter; thence North 0 Degrees 00
Minutes 29 Seconds East, along the west line of the East 70.00
feet of said Northeast Quarter, 188.23 feet; thence North 45
Degrees 12 Minutes 33 Seconds West, 37.07 feet to a point in
the south line of Renwick Road, according to Document No.
538055; thence South 89 Degrees 34 Minutes 24 Seconds West,
along said south line, 233.70 feet to the west line of the East
330.00 feet of said Northeast Quarter; thence North 0 Degrees
00 Minutes 29 Seconds East, along said line, 49.87 feet to the
north line of the Northeast Quarter of said Section 19; thence

North 89 Degrees 39 Minutes 49 Seconds East, along said north
line, 280.01 feet to the aforementioned west line of Weber
Road; thence South 0 Degrees 00 Minutes 29 Seconds West, along
said west line, 264.00 feet to the point of beginning, all in
Will County, Illinois.
Said parcel containing 0.426 Acres of land, more or less, of
which 0.319 Acres of land, more or less has been previously
dedicated for roadway purposes by Document No. 538055.
PARCEL 0014 T.E.
That part of the North 264.00 feet of the East 330.00 feet of
the Northeast Quarter of Section 19, Township 36 North, Range
10 East of the Third Principal Meridian, bounded by a line
described as follows: Commencing at the intersection of the
west line of the East 330.00 feet of said Northeast Quarter
with the north line of said Northeast Quarter; thence, on an
assumed bearing, South 00 Degrees 00 Minutes 29 Seconds West,
along the west line of the East 330.00 of said Northeast
Quarter, 49.87 feet to a point in the south line of Renwick
Road according to Document No. 538055; thence North 89 Degrees
34 Minutes 24 Seconds East, along the south line of Renwick
Road aforesaid, 50.00 feet to the point of beginning; thence
continuing North 89 Degrees 34 Minutes 24 Seconds East, along
the south line of Renwick Road aforesaid, 65.00 feet; thence

South 00 Degrees 25 Minutes 36 Seconds East, perpendicular to
the last described course, 10.00 feet; thence South 89 Degrees
34 Minutes 24 Seconds West, parallel with the south line of
Renwick Road aforesaid, 65.00 feet; thence North 00 Degrees 25
Minutes 36 Seconds West, perpendicular to the last described
course, 10.00 feet to the Point of Beginning, in Will County,
Illinois.
Said parcel containing 650 square feet, (0.015 Acres) of land,
more or less.
PARCEL 0014 T.E.-A
That part of the North 264.00 feet of the East 330.00 feet of
the Northeast Quarter of Section 19, Township 36 North, Range
10 East of the Third Principal Meridian, bounded by a line
described as follows: Beginning at the intersection of the
south line of the North 264.00 feet of the East 330.00 feet of
said Northeast Quarter with the west line of the East 70.00
feet of said Northeast Quarter; thence South 89 Degrees 39
Minutes 49 Seconds West, along the south line of said North
264.00 feet of said Northeast Quarter, 10.00 feet; thence North
00 Degrees 00 Minutes 29 Seconds East, along the west line of
the East 80.00 feet of said Northeast Quarter, 65.00 feet;
thence North 89 Degrees 39 Minutes 49 Seconds East,
perpendicular to the last described course, 5.00 feet; thence

North 00 Degrees 00 Minutes 29 Seconds East, along the west
line of the East 75.00 feet of said Northeast Quarter, 121.18
feet; thence North 45 Degrees 12 Minutes 33 Seconds West, 39.95
feet to a point in the south line of Renwick Road according to
Document No. 538055; thence North 89 Degrees 34 Minutes 24
Seconds East, along said south line of Renwick Road, 7.04 feet;
thence South 45 Degrees 12 Minutes 33 Seconds East, 37.07 feet
to a point in the west line of the East 70.00 feet of the
aforesaid Northeast Quarter of said Section 19; thence South 00
Degrees 00 Minutes 29 Seconds West, along said west line,
188.23 feet to the point of beginning, in Will County,
Illinois.
Said parcel containing 1,454 square feet (0.033 Acres) of land,
more or less.
PARCEL 0022
The south 65.00 feet of the west 60.00 feet of the East Half of
the Southwest Quarter of Section 17, Township 36 North, Range
10 East of the Third Principal Meridian. All situated in Will
County, Illinois.
Said parcel containing 0.089 acres, more or less of which 0.069
acres, more or less, has been previously dedicated for roadway
purposes by Document No.'s 538058 and 538059.

PARCEL 0023
The south 65.00 feet of the east 440.00 feet of the west 500.00
feet of the East Half of the Southwest Quarter of Section 17,
Township 36 North, Range 10 East of the Third Principal
Meridian. All situated in Will County, Illinois.
Said parcel containing 0.657 acres, more or less of which 0.509
acres, more or less, has been previously dedicated for roadway
purposes by Document No.'s 538058 and 538059.
PARCEL 0024
That part of Lot C in Lakewood Falls Unit 7C being a
subdivision of part of the Southeast Quarter of Section 18,
Township 36 North, Range 10 East of the Third Principal
Meridian, according to the plat thereof recorded August 26,
2002 as Document Number R2002-138021 bounded by a line
described as follows, to wit: Beginning at the southwest corner
of said Lot C; thence North 0 Degrees 25 Minutes 36 Seconds
West(assumed)(North 02 Degrees 04 Minutes 21 Seconds West,
record) along the west line of said Lot C, also being the east
line of Zachary Drive, 31.21 feet; thence northerly along the
arc of a curve right, tangent to the last described course and
having a radius of 470.00 feet, the chord of which bears North

01 Degrees 19 Minutes 45 seconds East, an arc distance of 28.81
feet; thence South 44 Degrees 54 Minutes 59 Seconds East, 70.09
feet to a point in the north line of the south 10.00 feet of
said Lot C; thence North 89 Degrees 34 Minutes 24 Seconds East
(North 87 Degrees 55 Minutes 39 Seconds East, record), parallel
with the north line of Renwick Road, as dedicated by
aforementioned Document Number R2002-138021, a distance of
225.90 feet to a point in the east line of said Lot C; thence
South 0 Degrees 00 Minutes 11 Seconds East (South 1 Degree 38
Minutes 56 Seconds East, record) along said east line, 10.00
feet to the southeast corner of said Lot C, also being the
north line of Renwick Road, aforesaid; thence South 89 Degrees
34 Minutes 24 Seconds West (South 87 Degrees 55 Minutes 39
Seconds West, record), along said north line of Renwick Road,
275.82 feet to the point of beginning. All situated in Will
County, Illinois.
Said parcel containing 4,022 Sq. Ft., (0.092 acres) of land,
more or less.
PARCEL 0025
That part of Lot B in Lakewood Falls Unit 7C being a
subdivision of part of the Southeast Quarter of Section 18,
Township 36 North, Range 10 East of the Third Principal
Meridian, according to the plat thereof recorded August 26,

2002 as Document Number R2002-138021 bounded by a line
described as follows, to wit: Beginning at the southeast corner
of said Lot B; thence South 89 Degrees 34 Minutes 24 Seconds
West (assumed bearing)(South 87 Degrees 55 Minutes 39 Seconds
West, record), along the south line of said Lot B, also being
the north line of Renwick Road, 206.11 feet; thence North 0
Degrees 25 Minutes 36 Seconds West, perpendicular to the last
described course, 10.00 feet to the north line of the south
10.00 feet of said Lot B; thence North 89 Degrees 34 Minutes 24
Seconds East, parallel with the north line of Renwick Road,
aforesaid, 156.11 feet; thence North 45 Degrees 01 Minutes 05
Seconds East, 71.27 feet to a point in the east line of said
Lot B, also being the west line of Zachary Drive; thence
southerly along the arc of a curve left, along the West line of
said Zachary Drive, not tangent to the last described course,
having a radius of 530.00 feet, the chord of which bears South
01 Degrees 07 Minutes 49 Seconds West, an arc distance of 28.80
feet; thence South 0 Degrees 25 Minutes 36 Seconds East,
tangent to the last described curve, continuing along said west
line of Zachary Drive, 31.21 feet to the point of beginning.
All situated in Will County, Illinois.
Said parcel containing 3,299 Sq. Ft., (0.076 acres) of land,
more or less
PARCEL 0026

That part of the north 258.71 feet of the west 259.71 feet of
the Northwest Quarter of Section 20, Township 36 North, Range
10 East of the Third Principal Meridian, bounded by a line
described as follows: Beginning at the point intersection of
the south line of Renwick Road as dedicated by Document Number
538061, recorded January 15, 1941 with the east line of the
west 259.71 feet of said Northwest Quarter, said point being
49.40 feet south from the north line of said Northwest Quarter
when measured along the east line of the west 259.71 feet of
said Northwest Quarter; thence South 00 Degrees 00 Minutes 29
Seconds West, on an assumed bearing, parallel with the west
line of said Northwest Quarter, along the east line of the west
259.71 feet of said Northwest Quarter, 10.60 feet to a point in
the south line of the north 60.00 feet of said Northwest
Quarter; thence South 89 Degrees 31 Minutes 14 Seconds West,
parallel with the north line of said Northwest Quarter, along
the south line of the north 60.00 feet of said Northwest
Quarter, 167.59 feet; thence South 44 Degrees 45 Minutes 52
Seconds West, 31.43 feet to a point in the east line of the
west 70.00 feet of said Northwest Quarter; thence South 00
Degrees 00 Minutes 29 Seconds West, parallel with the west line
of said Northwest Quarter, along the east line of the west
70.00 feet of said Northwest Quarter, 176.59 feet to a point in
the south line of the north 258.71 feet of said Northwest
Quarter; thence South 89 Degrees 31 Minutes 14 Seconds West,

parallel with the north line of said Northwest Quarter, along
the south line of the north 258.71 feet of said Northwest
Quarter, 10.00 feet to a point in the east line of the west
60.00 feet of said Northwest Quarter said line being the east
line of Weber Road according to the Plat of Dedication to the
Will County Highway Department recorded October 28, 1996 as
Document R96-096956; thence North 00 Degrees 00 Minutes 29
Seconds East, along said east line, 174.35 feet (173.72 feet
record); thence North 44 Degrees 46 Minutes 10 Seconds East,
along the southeasterly line of Weber Road according to
aforementioned Document R96-0969056, a distance of 49.71 feet
to a point in the south line of Renwick Road according to
aforementioned Document Number 538061; thence South 89 Degrees
31 Minutes 52 Seconds West, along said line, 45.00 feet to the
east line of the west 50.00 feet of said Section 20, also being
the east line of Weber Road according to Condemnation
Proceedings No. 81ED22 in the Circuit Court of the 12th
Judicial District, Will County as adjudicated on February 18,
1983; thence North 00 Degrees 00 Minutes 29 Seconds East, along
said line, 49.36 feet to the North line of the Northwest
Quarter of said Section 20; thence North 89 Degrees 31 Minutes
14 Seconds West, along said north line, 209.72 feet to the east
line of the west 259.71 feet of the Northwest Quarter of said
Section 20; thence South 00 Degrees 00 Minutes 29 Seconds West,
along said line, 49.40 feet to the point of beginning. All
situated in Will County, Illinois.

Said parcel containing 0.324 acres of land more or less, of
which 0.238 acres, more or less, has been previously dedicated
for roadway purposes by Document No. 538061.
PARCEL 0026 T.E.
That part of the north 258.71 feet of the west 259.71 feet of
the Northwest Quarter of Section 20, Township 36 North, Range
10 East of the Third Principal Meridian, bounded by a line
described as follows: Commencing at the point intersection of
the south line of the north 258.71 feet of said Northwest
Quarter with the east line of the west 70.00 feet of said
Northwest Quarter, when measured perpendicular to the north and
west lines thereof; thence North 00 Degrees 00 Minutes 29
Seconds East, along the east line of the west 70.00 feet of
said Northwest Quarter, 25.48 feet to the point of beginning;
thence South 89 Degrees 59 Minutes 31 Seconds East,
perpendicular to the last described course, 10.00 feet, thence
North 00 Degrees 00 Minutes 29 Seconds East, along the east
line of the west 80.00 feet of said Northwest Quarter, 65.00
feet; thence North 89 Degrees 59 Minutes 31 Seconds West,
perpendicular to the last described course, 5.00 feet to a
point in the east line of the west 75.00 feet of said Northwest
Quarter; thence North 00 Degrees 00 Minutes 29 Seconds East,
along the east line of the west 75.00 feet of said Northwest

Quarter, 84.04 feet; thence North 44 Degrees 45 Minutes 52
Seconds East, 27.31 feet to a point in the south line of the
north 65.00 feet of said Northwest Quarter of said Section 20;
thence North 89 Degrees 31 Minutes 14 Seconds East, along said
line, 45.10 feet; thence South 00 Degrees 28 Minutes 46 Seconds
East, perpendicular to the last described course, 5.00 feet;
thence North 89 Degrees 31 Minutes 14 Seconds East,
perpendicular to the last described course, 65.00 feet; thence
North 00 Degrees 28 Minutes 46 Seconds West, perpendicular to
the last described course, 5.00 feet to a point in the south
line of the north 65.00 feet of said Northwest Quarter of said
Section 20; thence North 89 Degrees 31 Minutes 14 Seconds East,
along said line, 55.38 feet to a point in the east line of the
west 259.71 feet of said Northwest Quarter of said Section 20;
thence North 00 Degrees 00 Minutes 29 Seconds East, along said
east line, 5.00 feet to a point in the south line of the north
60.00 feet of said Northwest Quarter of said Section 20; thence
South 89 Degrees 31 Minutes 14 Seconds West, along said south
line of the north 60.00 feet of said Northwest Quarter of said
Section 20, a distance of 167.59 feet; thence South 44 Degrees
45 Minutes 52 Seconds West, 31.43 feet to a point in the east
line of the west 70.00 feet of said Northwest Quarter of said
Section 20; thence South 00 Degrees 00 Minutes 29 Seconds West,
along said east line of the west 70.00 feet of said Northwest
Quarter of said Section 20, a distance of 151.11 feet to the
point of beginning. All situated in Will County, Illinois.

Said parcel containing 2,380 square feet, (0.055 acres) of land
more or less
PARCEL 0028
The north 60.00 feet of the west 80.00 feet of the East Half of
the Northwest Quarter and the north 60.00 feet of the east
20.00 feet of the West Half of the Northwest Quarter of Section
20, Township 36 North, Range 10 East of the Third Principal
Meridian. All situated in Will County, Illinois.
Said parcel containing 0.138 acres, more or less of which 0.114
acres, more or less, has been previously dedicated for roadway
purposes by Document No. 538061.
PARCEL 0029
That part of the north 60.00 feet of the East Half of the
Northwest Quarter of Section 20, except the west 80.00 feet
thereof, Township 36 North, Range 10 East of the Third
Principal Meridian, bounded by a line described as follows:
Beginning at the point intersection of the south line of north
60.00 feet of said Northwest Quarter with the east line of the
west 80.00 feet of the East Half of said Northwest Quarter;
thence North 00 Degrees 00 Minutes 42 Seconds West, on an

assumed bearing along the east line of the west 80.00 feet of
the East Half of said Northwest Quarter, a distance of 60.00
feet to the north line of the Northwest Quarter of said Section
20; thence North 89 Degrees 31 Minutes 14 Seconds East, along
said north line, 106.52 feet; thence South 0 Degrees 28 Minutes
46 Seconds East, perpendicular to the north line of said
Northwest Quarter, 60.00 feet to a point of intersection with a
line 60.00 feet south from and parallel with the north line of
said Northwest Quarter when measured perpendicular thereto;
thence South 89 Degrees 31 Minutes 14 Seconds West, along said
parallel line, perpendicular to the last described course,
107.01 feet to the point of beginning. All situated in Will
County, Illinois.
Said parcel containing 0.148 acres, more or less of which 0.122
Acres, more or less, has been previously dedicated for roadway
purposes by Document No. 538061.
PARCEL 0030 T.E.
That part of Lot 6 in Crest Hill Business Center being a
subdivision of part of the Northwest Quarter of Section 20,
Township 36 North, Range 10 East of the Third Principal
Meridian, according to the plat thereof recorded July 25, 2005
as Document No. R2005124097, bounded by a line described as
follows: Beginning at the Northeast corner of Lot 6, thence

South 00 Degrees 28 Minutes 09 Seconds East (South 02 Degrees
06 Minutes 31 Seconds East record), along the east line of said
Lot 6 a distance of 65.00 feet; thence South 89 Degrees 31
Minutes 14 Seconds West, parallel with the north line of said
Lot 6, a distance of 44.46 feet; thence North 00 Degrees 28
Minutes 09 Seconds West, parallel with the east line of said
Lot 6, a distance of 65.00 feet to the north line of said Lot 6,
also being the south line of Renwick Road as dedicated by
aforementioned Document No. R2005124097; thence North 89
Degrees 31 Minutes 14 Seconds East (North 87 Degrees 53 Minutes
29 Seconds East record), along the north line of said Lot 6,
also being the south line of Renwick Road, 44.46 feet to the
point of beginning. All situated in Will County, Illinois.
Said parcel containing 2,890 square feet, (0.066 acres) of land
more or less
PARCEL 0031 T.E.
That part of Lot 7 in Crest Hill Business Center being a
subdivision of part of the Northwest Quarter of Section 20,
Township 36 North, Range 10 East of the Third Principal
Meridian, according to the plat thereof recorded July 25, 2005
as Document No. R2005124097, bounded by a line described as
follows: Beginning at the Northwest corner of Lot 7, thence
South 00 Degrees 28 Minutes 09 Seconds East (South 02 Degrees

06 Minutes 31 Seconds East record), along the west line of said
Lot 7 a distance of 65.00 feet; thence North 89 Degrees 31
Minutes 14 Seconds East, parallel with the north line of said
Lot 7, a distance of 30.54 feet; thence North 00 Degrees 28
Minutes 09 Seconds West, parallel with the west line of said
Lot 7, a distance of 65.00 feet to the north line of said Lot 7,
also being the south line of Renwick Road as dedicated by
aforementioned Document No. R2005124097; thence South 89
Degrees 31 Minutes 14 Seconds West (South 87 Degrees 53 Minutes
29 Seconds West, record), along the north line of said Lot 7,
also being the south line of Renwick Road, 30.54 feet to the
point of beginning. All situated in Will County, Illinois.
Said parcel containing 1,985 square feet, (0.046 acres) of land
more or less
PARCEL 0032 T.E.
That part of Outlot A of Rose Subdivision, being a subdivision
of part of the Southeast Quarter of Section 18, Township 36
North, Range 10 East of the Third Principal Meridian, according
to the plat thereof recorded on March 9, 2005 as Document No.
R2005040528 as corrected by Certificate of Correction recorded
December 28, 2005 as Document R2005228067 as further corrected
by Certificate of Correction recorded December 18, 2006 as
Document R2006208515 bounded by a line described as follows:

Beginning at the easterly most southeast corner of said Outlot
A located on the west line of Weber Road (County Highway 88) as
dedicated by Document No. R2003016054, recorded January 23,
2003; thence North 53 Degrees 23 Minutes 42 Seconds West (North
55 Degrees 02 Minutes 09 Seconds, record), along a southerly
line of said Outlot A, 23.96 feet; thence South 89 Degrees 35
Minutes 27 Seconds West (South 87 Degrees 57 Minutes 00 Seconds
West, record) along a south line of said Outlot A, 50.77 feet;
thence North 00 Degrees 00 Minutes 29 Seconds West, parallel
with the east line of said Outlot A, 33.86 feet to a point on a
north line of said Outlot A, thence North 89 Degrees 35 Minutes
27 Seconds East, along said north line, 50.00 feet; thence
North 56 Degrees 37 Minutes 56 Seconds East (North 45 Degrees
37 Minutes 22 Seconds East, record), along a northerly line of
said Outlot A, 23.95 feet to a point on an east line of said
Outlot A, also being the west line of Weber Road aforesaid;
thence South 00 Degrees 00 Minutes 29 Seconds East (South 01
Degrees 38 Minutes 56 Seconds East, record), along the west
line of said Weber Road, 61.32 feet to the point of beginning,
in Will County, Illinois.
Said parcel containing 2,640 square feet, (0.060 acres) of
land, more or less.
PARCEL 0033 T.E.

That part of Lot 2 of Rose Resubdivision, being a resubdivision
of Lots 1 through 4 (both inclusive) along with part of Outlot
A all in Rose Subdivision, being a resubdivision of the
Southeast Quarter of Section 18, Township 36 North, Range 10
East of the Third Principal Meridian, according to the plat of
said Rose Resubdivision recorded on November 1, 2005 as
Document No. R2005-191530 bounded by a line described as
follows: Beginning at the southerly most southeast corner of
said Lot 2; thence South 89 Degrees 35 Minutes 27 Seconds West
(South 87 Degrees 57 Minutes 00 Seconds West, record) along the
south line of said Lot 2 a distance of 50.00 feet; thence North
00 Degrees 00 Minutes 29 Seconds West, parallel with the east
line of said Lot 2 a distance of 10.00 feet; thence North 89
Degrees 35 Minutes 27 Seconds East (North 87 Degrees 57 Minutes
00 Seconds East, record), parallel with the south line of said
Lot 2, a distance of 65.35 feet to a point in the southeasterly
line of said Lot 2; thence South 56 Degrees 37 Minutes 56
Seconds West (South 55 Degrees 00 Minutes 31 Seconds West,
record) along said southeasterly line, 18.38 feet to the point
of beginning, in Will County, Illinois.
Said parcel containing 577 square feet, (0.013 acres) of land,
more or less.
PARCEL 0034DED

The west 25.00 feet of Lot 2 in E.M.S. Subdivision (being a
subdivision of part of the Southwest Quarter of Section 17,
Township 36 North, Range 10 East of the Third Principal
Meridian) as per plat thereof recorded December 7, 1989 as
document number R89-64001, in Will County, Illinois.
Said parcel containing 0.034 acres more or less.
PARCEL 0035DED
The west 25.00 feet of Lot 1 in E.M.S. Subdivision (being a
subdivision of part of the Southwest Quarter of Section 17,
Township 36 North, Range 10 East of the Third Principal
Meridian) as per plat thereof recorded December 7, 1989 as
document number R89-64001, in Will County, Illinois.
Said parcel containing 0.060 acres more or less.
PARCEL 0037DED
A part of the West Half of the Northwest Quarter of Section 17,
Township 36 North, Range 10 East of the Third Principal
Meridian, described as follows: the east 25.00 feet of the west
75.00 feet of the south 50.00 feet of the West Half of the
Northwest Quarter of said Section 17, in Will County, Illinois.

Said parcel containing 0.029 acres more or less.
PARCEL 0038DED
That part of Lot 1 in Grand Haven Retail Development (being a
subdivision in the Southeast Quarter of Section 18, Township 36
North, Range 10 East of the Third Principal Meridian) as per
plat thereof recorded December 15, 2003 as document number
R2003302173 described as follows: Beginning at a southeast
corner of said Lot 1, said southeast corner bears South 01
degrees 38 minutes 41 seconds East (South 01 degrees 38 minutes
56 seconds East, record), 184.08 feet (184.18 feet Record) from
the northeast corner of said Lot 1; thence South 43 degrees 15
minutes 40 seconds West, along the southeast line of said Lot
1, 56.66 feet, to a south line of said Lot 1; thence South 88
degrees 10 minutes 49 seconds West, along said south line,
28.32 feet, to a line 20.00 feet northwest of and parallel to
the southeast line of said Lot 1; thence North 43 degrees 15
minutes 40 seconds East, along said parallel line, 96.78 feet,
to the east line of said Lot 1; thence South 01 degrees 38
minutes 41 seconds East, along said east line, 28.33 feet, to
the Point of Beginning, in Will County, Illinois.
Said parcel containing 0.035 acres more or less.
PARCEL 0039DED

That part of the Northeast Quarter of Section 18, Township 36
North, Range 10 East of the Third Principal Meridian described
as follows: Commencing at the southeast corner of said
Northeast Quarter; thence North 01 degrees 40 minutes 43
seconds West, along the east line of said Section 18, a
distance of 456.50 feet; thence South 68 degrees 19 minutes 17
seconds West, in a southwesterly direction at an angle of 70
degrees, 63.85 feet to the west line of the east 60.00 feet of
said Northeast Quarter and the Point of Beginning; thence
continuing South 68 degrees 19 minutes 17 seconds West, along
the last described line, 15.96 feet to the west line of the
east 75.00 feet of said Northeast Quarter; thence South 01
degrees 40 minutes 43 seconds East, along said west line, 74.54
feet; thence North 88 degrees 19 minutes 17 seconds East, at
right angles to the last described line, 15.00 feet, to the
west line of the east 60.00 feet of said Northeast Quarter;
thence North 01 degrees 40 minutes 43 seconds West, along said
west line, 80.00 feet to the Point of Beginning, all in Will
County, Illinois.
Said parcel containing 0.027 acres more or less.
PARCEL 0039TEA
That part of the Northeast Quarter of Section 18, Township 36

North, Range 10 East of the Third Principal Meridian described
as follows: Commencing at the southeast corner of said
Northeast Quarter; thence North 01 degrees 40 minutes 43
seconds West, along the east line of said Section 18, a
distance of 456.50 feet; thence South 68 degrees 19 minutes 17
seconds West, in a southwesterly direction at an angle of 70
degrees, 79.81 feet, to the west line of the east 75.00 feet of
said Northeast Quarter; thence South 01 degrees 40 minutes 43
seconds East, along said west line, 74.54 feet; thence North 88
degrees 19 minutes 17 seconds East, at right angles to the last
described line, 5.00 feet, to the west line of the east 70.00
feet of said Northeast Quarter, and the Point of Beginning;
thence continuing North 88 degrees 19 minutes 17 seconds East,
10.00 feet, to the west line of the east 60.00 feet of said
Northeast Quarter; thence South 01 degrees 40 minutes 43
seconds East, along said west line, 304.88 feet, to the north
line of the south 50.00 feet of said Northeast Quarter; thence
South 88 degrees 07 minutes 04 seconds West, along said north
line, 10.00 feet, to the west line of the east 70.00 feet of
said Northeast Quarter; thence North 01 degrees 40 minutes 43
seconds West, along said west line, 304.91 feet to the Point of
Beginning, all in Will County, Illinois.
Said parcel containing 0.070 acres more or less.
PARCEL 0039TEB

That part of the Northeast Quarter of Section 18, Township 36
North, Range 10 East of the Third Principal Meridian described
as follows: Commencing at the southeast corner of said
Northeast Quarter; thence North 01 degrees 40 minutes 43
seconds West, along the east line of said Section 18, a
distance of 456.50 feet; thence South 68 degrees 19 minutes 17
seconds West, in a southwesterly direction at an angle of 70
degrees, 79.81 feet, to the west line of the east 75.00 feet of
said Northeast Quarter, and the Point of Beginning; thence
continuing South 68 degrees 19 minutes 17 seconds West, along
the last described line, 42.57 feet, to the west line of the
east 115.00 feet of said Northeast Quarter; thence South 01
degrees 40 minutes 43 seconds East, along said west line, 48.60
feet; thence North 88 degrees 19 minutes 17 seconds East, at
right angles to the last described line, 40.00 feet, to the
west line of the east 75.00 feet of said Northeast Quarter;
thence North 01 degrees 40 minutes 43 seconds West, along said
west line, 63.16 feet, to the Point of Beginning, all in Will
County, Illinois.
Said parcel containing 0.051 acres more or less.
PARCEL 0040TE
The south 59.00 feet of the north 328.45 feet of the east 25.00

feet of the west 100.00 feet of the West Half of the Southwest
Quarter of Section 17, Township 36 North, Range 10 East of the
Third Principal Meridian, Will County, Illinois.
Said parcel containing 0.033 acres more or less.
PARCEL 0042TE
That part of Lot 3 in Grand Haven Retail Development (being a
subdivision in the Southeast Quarter of Section 18, Township 36
North, Range 10 East of the Third Principal Meridian) as per
plat thereof recorded December 15, 2003 as document number
R2003302173 described as follows: Beginning at the northeast
corner of said Lot 3; thence South 01 degrees 38 minutes 41
seconds East, along the east line of said Lot 3, 40.15 feet;
thence South 88 degrees 21 minutes 19 seconds West, at right
angles to the last described line, 40.00 feet; thence North 01
degrees 38 minutes 41 seconds West, at right angles to the last
described line, 20.00 feet; thence South 88 degrees 21 minutes
19 seconds West, at right angles to the last described line,
25.00 feet; thence North 01 degrees 38 minutes 41 seconds West,
at right angles to the last described line, 20.15 feet, to the
north line of said Lot 3; thence North 88 degrees 21 minutes 19
seconds East, along said north line, 65.00 feet, to the Point
of Beginning.

Said parcel containing 0.048 acres more or less.
PARCEL 0044DED
The West 10.00 feet of the East 70.00 feet of the South 50.00
feet of the Northeast Quarter of Section 18, Township 36 North,
Range 10 East of the Third Principal Meridian, in Will County,
Illinois.
Said parcel containing 0.011 acres more or less.
(Source: P.A. 97-458, eff. 8-19-11; revised 11-4-11.)
Section 680. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 504 and 505 as
follows:
(750 ILCS 5/504) (from Ch. 40, par. 504)
Sec. 504. Maintenance.
(a) In a proceeding for dissolution of marriage or legal
separation or declaration of invalidity of marriage, or a
proceeding for maintenance following dissolution of the
marriage by a court which lacked personal jurisdiction over the
absent spouse, the court may grant a temporary or permanent
maintenance award for either spouse in amounts and for periods
of time as the court deems just, without regard to marital
misconduct, in gross or for fixed or indefinite periods of

time, and the maintenance may be paid from the income or
property of the other spouse after consideration of all
relevant factors, including:
(1) the income and property of each party, including
marital property apportioned and non-marital property
assigned to the party seeking maintenance;
(2) the needs of each party;
(3) the present and future earning capacity of each
party;
(4) any impairment of the present and future earning
capacity of the party seeking maintenance due to that party
devoting time to domestic duties or having forgone or
delayed education, training, employment, or career
opportunities due to the marriage;
(5) the time necessary to enable the party seeking
maintenance to acquire appropriate education, training,
and employment, and whether that party is able to support
himself or herself through appropriate employment or is the
custodian of a child making it appropriate that the
custodian not seek employment;
(6) the standard of living established during the
marriage;
(7) the duration of the marriage;
(8) the age and the physical and emotional condition of
both parties;
(9) the tax consequences of the property division upon

the respective economic circumstances of the parties;
(10) contributions and services by the party seeking
maintenance to the education, training, career or career
potential, or license of the other spouse;
(11) any valid agreement of the parties; and
(12) any other factor that the court expressly finds to
be just and equitable.
(b) (Blank).
(b-5) Any maintenance obligation including any unallocated
maintenance and child support obligation, or any portion of any
support obligation, that becomes due and remains unpaid shall
accrue simple interest as set forth in Section 505 of this Act.
(b-7) Any new or existing maintenance order including any
unallocated maintenance and child support order entered by the
court under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder. Each such judgment to be in the amount of each
payment or installment of support and each such judgment to be
deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order,
except no judgment shall arise as to any installment coming due
after the termination of maintenance as provided by Section 510
of the Illinois Marriage and Dissolution of Marriage Act or the
provisions of any order for maintenance. Each such judgment
shall have the full force, effect and attributes of any other
judgment of this State, including the ability to be enforced.

Notwithstanding any other State or local law to the contrary, a
lien arises by operation of law against the real and personal
property of the obligor for each installment of overdue support
owed by the obligor.
(c) The court may grant and enforce the payment of
maintenance during the pendency of an appeal as the court shall
deem reasonable and proper.
(d) No maintenance shall accrue during the period in which
a party is imprisoned for failure to comply with the court's
order for the payment of such maintenance.
(e) When maintenance is to be paid through the clerk of the
court in a county of 1,000,000 inhabitants or less, the order
shall direct the obligor to pay to the clerk, in addition to
the maintenance payments, all fees imposed by the county board
under paragraph (3) of subsection (u) of Section 27.1 of the
Clerks of Courts Act. Unless paid in cash or pursuant to an
order for withholding, the payment of the fee shall be by a
separate instrument from the support payment and shall be made
to the order of the Clerk.
(f) An award ordered by a court upon entry of a dissolution
judgment or upon entry of an award of maintenance following a
reservation of maintenance in a dissolution judgment may be
reasonably secured, in whole or in part, by life insurance on
the payor's life on terms as to which the parties agree, or, if
they do not agree, on such terms determined by the court,
subject to the following:

(1) With respect to existing life insurance, provided
the court is apprised through evidence, stipulation, or
otherwise as to level of death benefits, premium, and other
relevant data and makes findings relative thereto, the
court may allocate death benefits, the right to assign
death benefits, or the obligation for future premium
payments between the parties as it deems just.
(2) To the extent the court determines that its award
should be secured, in whole or in part, by new life
insurance on the payor's life, the court may only order:
(i) that the payor cooperate on all appropriate
steps for the payee to obtain such new life insurance;
and
(ii) that the payee, at his or her sole option and
expense, may obtain such new life insurance on the
payor's life up to a maximum level of death benefit
coverage, or descending death benefit coverage, as is
set by the court, such level not to exceed a reasonable
amount in light of the court's award, with the payee or
the payee's designee being the beneficiary of such life
insurance.
In determining the maximum level of death benefit coverage,
the court shall take into account all relevant facts and
circumstances, including the impact on access to life
insurance by the maintenance payor. If in resolving any
issues under paragraph (2) of this subsection (f) a court

reviews any submitted or proposed application for new
insurance on the life of a maintenance payor, the review
shall be in camera.
(3) A judgment shall expressly set forth that all death
benefits paid under life insurance on a payor's life
maintained or obtained pursuant to this subsection to
secure maintenance are designated as excludable from the
gross income of the maintenance payee under Section
71(b)(1)(B) of the Internal Revenue Code, unless an
agreement or stipulation of the parties otherwise
provides.
(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
revised 9-29-11.)
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a
proceeding for child support following dissolution of the
marriage by a court which lacked personal jurisdiction over the
absent spouse, a proceeding for modification of a previous
order for child support under Section 510 of this Act, or any
proceeding authorized under Section 501 or 601 of this Act, the
court may order either or both parents owing a duty of support
to a child of the marriage to pay an amount reasonable and
necessary for his support, without regard to marital

misconduct. The duty of support owed to a child includes the
obligation to provide for the reasonable and necessary
physical, mental and emotional health needs of the child. For
purposes of this Section, the term "child" shall include any
child under age 18 and any child under age 19 who is still
attending high school.
(1) The Court shall determine the minimum amount of
support by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 28%
3 32%
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each case
unless the court makes a finding that application of the
guidelines would be inappropriate, after considering the
best interests of the child in light of evidence including
but not limited to one or more of the following relevant
factors:
(a) the financial resources and needs of the child;
(b) the financial resources and needs of the
custodial parent;
(c) the standard of living the child would have

enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of the
child, and his educational needs; and
(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the court's
finding shall state the amount of support that would have
been required under the guidelines, if determinable. The
court shall include the reason or reasons for the variance
from the guidelines.
(3) "Net income" is defined as the total of all income
from all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);
(b) State income tax (properly calculated
withholding or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions required by
law or as a condition of employment;
(e) Union dues;
(f) Dependent and individual
health/hospitalization insurance premiums and life
insurance premiums for life insurance ordered by the
court to reasonably secure child support or support
ordered pursuant to Section 513, any such order to
entail provisions on which the parties agree or,

otherwise, in accordance with the limitations set
forth in subsection 504(f)(1) and (2);
(g) Prior obligations of support or maintenance
actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the
production of income, medical expenditures necessary
to preserve life or health, reasonable expenditures
for the benefit of the child and the other parent,
exclusive of gifts. The court shall reduce net income
in determining the minimum amount of support to be
ordered only for the period that such payments are due
and shall enter an order containing provisions for its
self-executing modification upon termination of such
payment period;
(i) Foster care payments paid by the Department of
Children and Family Services for providing licensed
foster care to a foster child.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to
Section 505.2 of this Act, the premiums for that insurance,
or that portion of the premiums for which the supporting
party is responsible in the case of insurance provided
through an employer's health insurance plan where the
employer pays a portion of the premiums, shall be
subtracted from net income in determining the minimum

amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage by a court that lacked personal
jurisdiction over the absent spouse, and in which the court
is requiring payment of support for the period before the
date an order for current support is entered, there is a
rebuttable presumption that the supporting party's net
income for the prior period was the same as his or her net
income at the time the order for current support is
entered.
(5) If the net income cannot be determined because of
default or any other reason, the court shall order support
in an amount considered reasonable in the particular case.
The final order in all cases shall state the support level
in dollar amounts. However, if the court finds that the
child support amount cannot be expressed exclusively as a
dollar amount because all or a portion of the payor's net
income is uncertain as to source, time of payment, or
amount, the court may order a percentage amount of support
in addition to a specific dollar amount and enter such
other orders as may be necessary to determine and enforce,
on a timely basis, the applicable support ordered.
(6) If (i) the non-custodial parent was properly served
with a request for discovery of financial information
relating to the non-custodial parent's ability to provide
child support, (ii) the non-custodial parent failed to

comply with the request, despite having been ordered to do
so by the court, and (iii) the non-custodial parent is not
present at the hearing to determine support despite having
received proper notice, then any relevant financial
information concerning the non-custodial parent's ability
to provide child support that was obtained pursuant to
subpoena and proper notice shall be admitted into evidence
without the need to establish any further foundation for
its admission.
(a-5) In an action to enforce an order for support based on
the respondent's failure to make support payments as required
by the order, notice of proceedings to hold the respondent in
contempt for that failure may be served on the respondent by
personal service or by regular mail addressed to the
respondent's last known address. The respondent's last known
address may be determined from records of the clerk of the
court, from the Federal Case Registry of Child Support Orders,
or by any other reasonable means.
(b) Failure of either parent to comply with an order to pay
support shall be punishable as in other cases of contempt. In
addition to other penalties provided by law the Court may,
after finding the parent guilty of contempt, order that the
parent be:
(1) placed on probation with such conditions of
probation as the Court deems advisable;
(2) sentenced to periodic imprisonment for a period not

to exceed 6 months; provided, however, that the Court may
permit the parent to be released for periods of time during
the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The Court may further order any part or all of the earnings
of a parent during a sentence of periodic imprisonment paid to
the Clerk of the Circuit Court or to the parent having custody
or to the guardian having custody of the children of the
sentenced parent for the support of said children until further
order of the Court.
If there is a unity of interest and ownership sufficient to
render no financial separation between a non-custodial parent
and another person or persons or business entity, the court may
pierce the ownership veil of the person, persons, or business
entity to discover assets of the non-custodial parent held in
the name of that person, those persons, or that business
entity. The following circumstances are sufficient to
authorize a court to order discovery of the assets of a person,
persons, or business entity and to compel the application of
any discovered assets toward payment on the judgment for
support:
(1) the non-custodial parent and the person, persons,
or business entity maintain records together.
(2) the non-custodial parent and the person, persons,

or business entity fail to maintain an arms length
relationship between themselves with regard to any assets.
(3) the non-custodial parent transfers assets to the
person, persons, or business entity with the intent to
perpetrate a fraud on the custodial parent.
With respect to assets which are real property, no order
entered under this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien
holders who acquire their interests in the property prior to
the time a notice of lis pendens pursuant to the Code of Civil
Procedure or a copy of the order is placed of record in the
office of the recorder of deeds for the county in which the
real property is located.
The court may also order in cases where the parent is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days obligation
or more, that the parent's Illinois driving privileges be
suspended until the court determines that the parent is in
compliance with the order of support. The court may also order
that the parent be issued a family financial responsibility
driving permit that would allow limited driving privileges for
employment and medical purposes in accordance with Section
7-702.1 of the Illinois Vehicle Code. The clerk of the circuit
court shall certify the order suspending the driving privileges
of the parent or granting the issuance of a family financial
responsibility driving permit to the Secretary of State on

forms prescribed by the Secretary. Upon receipt of the
authenticated documents, the Secretary of State shall suspend
the parent's driving privileges until further order of the
court and shall, if ordered by the court, subject to the
provisions of Section 7-702.1 of the Illinois Vehicle Code,
issue a family financial responsibility driving permit to the
parent.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance with
that Act. The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 of that Act or participate in a work alternative
program under Section 50 of that Act. A person may not be
required to participate in a work alternative program under
Section 50 of that Act if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid as of the end
of each month, excluding the child support that was due for
that month to the extent that it was not paid in that month,
shall accrue simple interest as set forth in Section 12-109 of
the Code of Civil Procedure. An order for support entered or
modified on or after January 1, 2006 shall contain a statement

that a support obligation required under the order, or any
portion of a support obligation required under the order, that
becomes due and remains unpaid as of the end of each month,
excluding the child support that was due for that month to the
extent that it was not paid in that month, shall accrue simple
interest as set forth in Section 12-109 of the Code of Civil
Procedure. Failure to include the statement in the order for
support does not affect the validity of the order or the
accrual of interest as provided in this Section.
(c) A one-time charge of 20% is imposable upon the amount
of past-due child support owed on July 1, 1988 which has
accrued under a support order entered by the court. The charge
shall be imposed in accordance with the provisions of Section
10-21 of the Illinois Public Aid Code and shall be enforced by
the court upon petition.
(d) Any new or existing support order entered by the court
under this Section shall be deemed to be a series of judgments
against the person obligated to pay support thereunder, each
such judgment to be in the amount of each payment or
installment of support and each such judgment to be deemed
entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such
judgment shall have the full force, effect and attributes of
any other judgment of this State, including the ability to be
enforced. Notwithstanding any other State or local law to the
contrary, a lien arises by operation of law against the real

and personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial parent.
(e) When child support is to be paid through the clerk of
the court in a county of 1,000,000 inhabitants or less, the
order shall direct the obligor to pay to the clerk, in addition
to the child support payments, all fees imposed by the county
board under paragraph (3) of subsection (u) of Section 27.1 of
the Clerks of Courts Act. Unless paid in cash or pursuant to an
order for withholding, the payment of the fee shall be by a
separate instrument from the support payment and shall be made
to the order of the Clerk.
(f) All orders for support, when entered or modified, shall
include a provision requiring the obligor to notify the court
and, in cases in which a party is receiving child and spouse
services under Article X of the Illinois Public Aid Code, the
Department of Healthcare and Family Services, within 7 days,
(i) of the name and address of any new employer of the obligor,
(ii) whether the obligor has access to health insurance
coverage through the employer or other group coverage and, if
so, the policy name and number and the names of persons covered
under the policy, and (iii) of any new residential or mailing
address or telephone number of the non-custodial parent. In any
subsequent action to enforce a support order, upon a sufficient
showing that a diligent effort has been made to ascertain the
location of the non-custodial parent, service of process or
provision of notice necessary in the case may be made at the

last known address of the non-custodial parent in any manner
expressly provided by the Code of Civil Procedure or this Act,
which service shall be sufficient for purposes of due process.
(g) An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered by
the order will attain the age of 18. However, if the child will
not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the
earlier of the date on which the child's high school graduation
will occur or the date on which the child will attain the age
of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on
that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the
order in the event the child is otherwise emancipated.
(g-5) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support
Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically
continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or

delinquency. That periodic payment shall be in addition to any
periodic payment previously required for satisfaction of the
arrearage or delinquency. The total periodic amount to be paid
toward satisfaction of the arrearage or delinquency may be
enforced and collected by any method provided by law for
enforcement and collection of child support, including but not
limited to income withholding under the Income Withholding for
Support Act. Each order for support entered or modified on or
after the effective date of this amendatory Act of the 93rd
General Assembly must contain a statement notifying the parties
of the requirements of this subsection. Failure to include the
statement in the order for support does not affect the validity
of the order or the operation of the provisions of this
subsection with regard to the order. This subsection shall not
be construed to prevent or affect the establishment or
modification of an order for support of a minor child or the
establishment or modification of an order for support of a
non-minor child or educational expenses under Section 513 of
this Act.
(h) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and to
the clerk of court within 10 days each time the obligor obtains
new employment, and each time the obligor's employment is
terminated for any reason. The report shall be in writing and
shall, in the case of new employment, include the name and
address of the new employer. Failure to report new employment

or the termination of current employment, if coupled with
nonpayment of support for a period in excess of 60 days, is
indirect criminal contempt. For any obligor arrested for
failure to report new employment bond shall be set in the
amount of the child support that should have been paid during
the period of unreported employment. An order entered under
this Section shall also include a provision requiring the
obligor and obligee parents to advise each other of a change in
residence within 5 days of the change except when the court
finds that the physical, mental, or emotional health of a party
or that of a child, or both, would be seriously endangered by
disclosure of the party's address.
(i) The court does not lose the powers of contempt,
driver's license suspension, or other child support
enforcement mechanisms, including, but not limited to,
criminal prosecution as set forth in this Act, upon the
emancipation of the minor child or children.
(Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11;
97-608, eff. 1-1-12; revised 10-4-11.)
Section 685. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 214 as follows:
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
Sec. 214. Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner

has been abused by a family or household member or that
petitioner is a high-risk adult who has been abused, neglected,
or exploited, as defined in this Act, an order of protection
prohibiting the abuse, neglect, or exploitation shall issue;
provided that petitioner must also satisfy the requirements of
one of the following Sections, as appropriate: Section 217 on
emergency orders, Section 218 on interim orders, or Section 219
on plenary orders. Petitioner shall not be denied an order of
protection because petitioner or respondent is a minor. The
court, when determining whether or not to issue an order of
protection, shall not require physical manifestations of abuse
on the person of the victim. Modification and extension of
prior orders of protection shall be in accordance with this
Act.
(b) Remedies and standards. The remedies to be included in
an order of protection shall be determined in accordance with
this Section and one of the following Sections, as appropriate:
Section 217 on emergency orders, Section 218 on interim orders,
and Section 219 on plenary orders. The remedies listed in this
subsection shall be in addition to other civil or criminal
remedies available to petitioner.
(1) Prohibition of abuse, neglect, or exploitation.
Prohibit respondent's harassment, interference with
personal liberty, intimidation of a dependent, physical
abuse, or willful deprivation, neglect or exploitation, as
defined in this Act, or stalking of the petitioner, as

defined in Section 12-7.3 of the Criminal Code of 1961, if
such abuse, neglect, exploitation, or stalking has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in Section 701 of the
Illinois Marriage and Dissolution of Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i) the
hardships to respondent and any minor child or

dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other person
protected by the order of protection, or prohibit

respondent from entering or remaining present at
petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
(A) If an order of protection grants petitioner
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing and
personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one occasion
as the court directs and in the presence of an
agreed-upon adult third party or law enforcement
officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing an order
of protection and providing relief shall consider the
severity of the act, any continuing physical danger or
emotional distress to the petitioner, the educational
rights guaranteed to the petitioner and respondent

under federal and State law, the availability of a
transfer of the respondent to another school, a change
of placement or a change of program of the respondent,
the expense, difficulty, and educational disruption
that would be caused by a transfer of the respondent to
another school, and any other relevant facts of the
case. The court may order that the respondent not
attend the public, private, or non-public elementary,
middle, or high school attended by the petitioner,
order that the respondent accept a change of placement
or change of program, as determined by the school
district or private or non-public school, or place
restrictions on the respondent's movements within the
school attended by the petitioner. The respondent
bears the burden of proving by a preponderance of the
evidence that a transfer, change of placement, or
change of program of the respondent is not available.
The respondent also bears the burden of production with
respect to the expense, difficulty, and educational
disruption that would be caused by a transfer of the
respondent to another school. A transfer, change of
placement, or change of program is not unavailable to
the respondent solely on the ground that the respondent
does not agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the

respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. In the
event the court order results in a transfer of the
minor respondent to another attendance center, a
change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or
legal custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. The
court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions
or to refrain from taking certain actions to ensure
that the respondent complies with the order. In the

event the court orders a transfer of the respondent to
another school, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist, psychiatrist,
family service agency, alcohol or substance abuse program,
mental health center guidance counselor, agency providing
services to elders, program designed for domestic violence
abusers or any other guidance service the court deems
appropriate. The Court may order the respondent in any
intimate partner relationship to report to an Illinois
Department of Human Services protocol approved partner
abuse intervention program for an assessment and to follow
all recommended treatment.
(5) Physical care and possession of the minor child. In
order to protect the minor child from abuse, neglect, or
unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person

in loco parentis.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding physical care to respondent would not be in the
minor child's best interest.
(6) Temporary legal custody. Award temporary legal
custody to petitioner in accordance with this Section, the
Illinois Marriage and Dissolution of Marriage Act, the
Illinois Parentage Act of 1984, and this State's Uniform
Child-Custody Jurisdiction and Enforcement Act.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding temporary legal custody to respondent would not be
in the child's best interest.
(7) Visitation. Determine the visitation rights, if
any, of respondent in any case in which the court awards
physical care or temporary legal custody of a minor child
to petitioner. The court shall restrict or deny
respondent's visitation with a minor child if the court
finds that respondent has done or is likely to do any of
the following: (i) abuse or endanger the minor child during
visitation; (ii) use the visitation as an opportunity to
abuse or harass petitioner or petitioner's family or
household members; (iii) improperly conceal or detain the

minor child; or (iv) otherwise act in a manner that is not
in the best interests of the minor child. The court shall
not be limited by the standards set forth in Section 607.1
of the Illinois Marriage and Dissolution of Marriage Act.
If the court grants visitation, the order shall specify
dates and times for the visitation to take place or other
specific parameters or conditions that are appropriate. No
order for visitation shall refer merely to the term
"reasonable visitation".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for visitation,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving in
a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall be
prohibited from coming to petitioner's residence to meet
the minor child for visitation, and the parties shall
submit to the court their recommendations for reasonable
alternative arrangements for visitation. A person may be
approved to supervise visitation only after filing an
affidavit accepting that responsibility and acknowledging
accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or

concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return the
child to the custody or care of the petitioner or to permit
any court-ordered interview or examination of the child or
the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly; sharing
it would risk abuse of petitioner by respondent or is
impracticable; and the balance of hardships favors
temporary possession by petitioner.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may award
petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.

(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may grant
petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or

otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or custody, when the respondent has a
legal obligation to support that person, in accordance with
the Illinois Marriage and Dissolution of Marriage Act,
which shall govern, among other matters, the amount of
support, payment through the clerk and withholding of
income to secure payment. An order for child support may be
granted to a petitioner with lawful physical care or
custody of a child, or an order or agreement for physical
care or custody, prior to entry of an order for legal
custody. Such a support order shall expire upon entry of a
valid order granting legal custody to another, unless
otherwise provided in the custody order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse, neglect, or exploitation. Such losses shall
include, but not be limited to, medical expenses, lost
earnings or other support, repair or replacement of
property damaged or taken, reasonable attorney's fees,
court costs and moving or other travel expenses, including
additional reasonable expenses for temporary shelter and
restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support or

property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including but not
limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and well-being
of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(a) Prohibit a respondent against whom an order of
protection was issued from possessing any firearms
during the duration of the order if the order:
(1) was issued after a hearing of which such
person received actual notice, and at which such
person had an opportunity to participate;

(2) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
(3)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or (ii)
by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury.
Any Firearm Owner's Identification Card in the
possession of the respondent, except as provided in
subsection (b), shall be ordered by the court to be
turned over to the local law enforcement agency for
safekeeping. The court shall issue a warrant for
seizure of any firearm and Firearm Owner's
Identification Card in the possession of the
respondent, to be kept by the local law enforcement
agency for safekeeping, except as provided in
subsection (b). The period of safekeeping shall be for
the duration of the order of protection. The firearm or
firearms and Firearm Owner's Identification Card shall
be returned to the respondent at the end of the order

of protection.
(b) If the respondent is a peace officer as defined
in Section 2-13 of the Criminal Code of 1961, the court
shall order that any firearms used by the respondent in
the performance of his or her duties as a peace officer
be surrendered to the chief law enforcement executive
of the agency in which the respondent is employed, who
shall retain the firearms for safekeeping for the
duration of the order of protection.
(c) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned over
to a third party who is lawfully eligible to possess
firearms, and who does not reside with respondent.
(15) Prohibition of access to records. If an order of
protection prohibits respondent from having contact with
the minor child, or if petitioner's address is omitted
under subsection (b) of Section 203, or if necessary to

prevent abuse or wrongful removal or concealment of a minor
child, the order shall deny respondent access to, and
prohibit respondent from inspecting, obtaining, or
attempting to inspect or obtain, school or any other
records of the minor child who is in the care of
petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse of
a family or household member or further abuse, neglect, or
exploitation of a high-risk adult with disabilities or to
effectuate one of the granted remedies, if supported by the
balance of hardships. If the harm to be prevented by the
injunction is abuse or any other harm that one of the
remedies listed in paragraphs (1) through (16) of this
subsection is designed to prevent, no further evidence is
necessary that the harm is an irreparable injury.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including but not limited to the
following:

(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse, neglect
or exploitation of the petitioner or any family or
household member, including the concealment of his or
her location in order to evade service of process or
notice, and the likelihood of danger of future abuse,
neglect, or exploitation to petitioner or any member of
petitioner's or respondent's family or household; and
(ii) the danger that any minor child will be abused
or neglected or improperly removed from the
jurisdiction, improperly concealed within the State or
improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including but not
limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child or
dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph

(4) of this subsection, the court shall make its findings
in an official record or in writing, and shall at a minimum
set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2) of
this subsection.
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) For purposes of issuing an ex parte emergency order
of protection, the court, as an alternative to or as a
supplement to making the findings described in paragraphs
(c)(3)(i) through (c)(3)(iii) of this subsection, may use
the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of Sections
203 and 217 is presented to the court, the court shall
examine petitioner on oath or affirmation. An emergency
order of protection shall be issued by the court if it
appears from the contents of the petition and the
examination of petitioner that the averments are
sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the emergency

order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of marriage
attach to a putative father until a father and child
relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Public Aid Code,
Section 12 of the Vital Records Act, the Juvenile Court Act
of 1987, the Probate Act of 1985, the Revised Uniform
Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, the Expedited Child Support
Act of 1990, any judicial, administrative, or other act of
another state or territory, any other Illinois statute, or
by any foreign nation establishing the father and child
relationship, any other proceeding substantially in
conformity with the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
or where both parties appeared in open court or at an
administrative hearing acknowledging under oath or
admitting by affirmation the existence of a father and
child relationship. Absent such an adjudication, finding,
or acknowledgement, no putative father shall be granted
temporary custody of the minor child, visitation with the
minor child, or physical care and possession of the minor
child, nor shall an order of payment for support of the
minor child be entered.
(d) Balance of hardships; findings. If the court finds that

the balance of hardships does not support the granting of a
remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will result
in hardship to respondent that would substantially outweigh the
hardship to petitioner from denial of the remedy. The findings
shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article VII of the Criminal Code of 1961;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article VII of the Criminal
Code of 1961;
(4) Petitioner did not act in self-defense or defense
of another;
(5) Petitioner left the residence or household to avoid
further abuse, neglect, or exploitation by respondent;
(6) Petitioner did not leave the residence or household
to avoid further abuse, neglect, or exploitation by
respondent;
(7) Conduct by any family or household member excused

the abuse, neglect, or exploitation by respondent, unless
that same conduct would have excused such abuse, neglect,
or exploitation if the parties had not been family or
household members.
(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
97-158, eff. 1-1-12; 97-294, eff. 1-1-12; revised 10-4-11.)
Section 690. The Illinois Residential Real Property
Transfer on Death Instrument Act is amended by changing Section
55 as follows:
(755 ILCS 27/55)
Sec. 55. Revocation by recorded instrument authorized;
revocation by act or unrecorded instrument, not authorized.
(a) An instrument is effective to revoke a recorded
transfer on death instrument, or any part of it, only if:
(1) it is:
(A) another transfer on death instrument that
revokes the instrument or part of the instrument
expressly or by inconsistency; or
(B) an instrument of revocation that expressly
revokes the instrument or part of the instrument; and
(2) it is:
(A) executed, witnessed, and acknowledged in the
same manner as is required by Section 45 on a date that
is after the date of the acknowledgment of the

instrument being revoked; and
(B) recorded before the owner's death in the public
records in the office of the recorder of the county or
counties where the prior transfer on death instrument
is recorded.
(b) A transfer on death instrument executed and recorded in
accordance with this Act may not be revoked by a revocatory act
on the instrument, by an unrecorded instrument, or by a
provision in a will.
(Source: P.A. 97-555, eff. 1-1-12; revised 11-21-11.)
Section 695. The Charitable Trust Act is amended by
changing Section 5 as follows:
(760 ILCS 55/5) (from Ch. 14, par. 55)
Sec. 5. Registration requirement.
(a) The Attorney General shall establish and maintain a
register of trustees subject to this Act and of the particular
trust or other relationship under which they hold property for
charitable purposes and, to that end, shall conduct whatever
investigation is necessary, and shall obtain from public
records, court officers, taxing authorities, trustees and
other sources, copies of instruments, reports and records and
whatever information is needed for the establishment and
maintenance of the register.
(b) A registration statement shall be signed and verified

under penalty of perjury by 2 officers of a corporate
charitable organization or by 2 trustees if not a corporate
organization. One signature will be accepted if there is only
one officer or one trustee. A registration fee of $15 shall be
paid with each initial registration. If a person, trustee or
organization fails to maintain a registration of a trust or
organization as required by this Act, and its registration is
cancelled as provided in this Act, and if that trust or
organization remains in existence and by law is required to be
registered, in order to re-register, a new registration must be
filed accompanied by required financial reports, and in all
instances where re-registration is required, submitted, and
allowed, the new re-registration materials must be filed,
accompanied by a re-registration fee of $200.
(c) If a person or trustee fails to register or maintain
registration of a trust or organization or fails to file
reports as provided in this Act, the person or trustee is
subject to injunction, to removal, to account, and to
appropriate other relief before a court of competent
jurisdiction exercising chancery jurisdiction. In the event of
such action, the court may impose a civil penalty of not less
than that $500 nor more than $1,000 against the organization or
trust estate that failed to register or to maintain a
registration required under this Act. The collected penalty
shall be used for charitable trust enforcement and for
providing charitable trust information to the public.

(Source: P.A. 90-469, eff. 8-17-97; 91-444, eff. 8-6-99;
revised 11-21-11.)
Section 700. The Residential Real Property Disclosure Act
is amended by changing Section 74 as follows:
(765 ILCS 77/74)
Sec. 74. Counselor; required information. As part of the
predatory lending database program, a counselor must submit all
of the following information for inclusion in the predatory
lending database:
(1) The information called for in items (1), (6), (9),
(11), (12), (13), (14), (15), (16), (17), and (18) of
Section 72.
(2) Any information from the borrower that confirms or
contradicts the information called for under item (1) of
this Section.
(3) The name of the counselor and address of the
HUD-certified HUD-certifed housing counseling agency that
employs the counselor.
(4) Information pertaining to the borrower's monthly
expenses that assists the counselor in determining whether
the borrower can afford the loans or loans for which the
borrower is applying.
(5) A list of the disclosures furnished to the
borrower, as seen and reviewed by the counselor, and a

comparison of that list to all disclosures required by law.
(6) Whether the borrower provided tax returns to the
broker or originator or to the counselor, and, if so, who
prepared the tax returns.
(7) A statement of the recommendations of the counselor
that indicates the counselor's response to each of the
following statements:
(A) The loan should not be approved due to indicia
of fraud.
(B) The loan should be approved; no material
problems noted.
(C) The borrower cannot afford the loan.
(D) The borrower does not understand the
transaction.
(E) The borrower does not understand the costs
associated with the transaction.
(F) The borrower's monthly income and expenses
have been reviewed and disclosed.
(G) The rate of the loan is above market rate.
(H) The borrower should seek a competitive bid from
another broker or originator.
(I) There are discrepancies between the borrower's
verbal understanding and the originator's completed
form.
(J) The borrower is precipitously close to not
being able to afford the loan.

(K) The borrower understands the true cost of debt
consolidation and the need for credit card discipline.
(L) The information that the borrower provided the
originator has been amended by the originator.
(Source: P.A. 94-280, eff. 1-1-06; 95-691, eff. 6-1-08; revised
11-21-11.)
Section 705. The Condominium Property Act is amended by
changing Section 18.5 as follows:
(765 ILCS 605/18.5) (from Ch. 30, par. 318.5)
Sec. 18.5. Master Associations.
(a) If the declaration, other condominium instrument, or
other duly recorded covenants provide that any of the powers of
the unit owners associations are to be exercised by or may be
delegated to a nonprofit corporation or unincorporated
association that exercises those or other powers on behalf of
one or more condominiums, or for the benefit of the unit owners
of one or more condominiums, such corporation or association
shall be a master association.
(b) There shall be included in the declaration, other
condominium instruments, or other duly recorded covenants
establishing the powers and duties of the master association
the provisions set forth in subsections (c) through (h).
In interpreting subsections (c) through (h), the courts
should interpret these provisions so that they are interpreted

consistently with the similar parallel provisions found in
other parts of this Act.
(c) Meetings and finances.
(1) Each unit owner of a condominium subject to the
authority of the board of the master association shall
receive, at least 30 days prior to the adoption thereof by
the board of the master association, a copy of the proposed
annual budget.
(2) The board of the master association shall annually
supply to all unit owners of condominiums subject to the
authority of the board of the master association an
itemized accounting of the common expenses for the
preceding year actually incurred or paid, together with a
tabulation of the amounts collected pursuant to the budget
or assessment, and showing the net excess or deficit of
income over expenditures plus reserves.
(3) Each unit owner of a condominium subject to the
authority of the board of the master association shall
receive written notice mailed or delivered no less than 10
and no more than 30 days prior to any meeting of the board
of the master association concerning the adoption of the
proposed annual budget or any increase in the budget, or
establishment of an assessment.
(4) Meetings of the board of the master association
shall be open to any unit owner in a condominium subject to
the authority of the board of the master association,

except for the portion of any meeting held:
(A) to discuss litigation when an action against or
on behalf of the particular master association has been
filed and is pending in a court or administrative
tribunal, or when the board of the master association
finds that such an action is probable or imminent,
(B) to consider information regarding appointment,
employment or dismissal of an employee, or
(C) to discuss violations of rules and regulations
of the master association or unpaid common expenses
owed to the master association.
Any vote on these matters shall be taken at a meeting or
portion thereof open to any unit owner of a condominium
subject to the authority of the master association.
Any unit owner may record the proceedings at meetings
required to be open by this Act by tape, film or other
means; the board may prescribe reasonable rules and
regulations to govern the right to make such recordings.
Notice of meetings shall be mailed or delivered at least 48
hours prior thereto, unless a written waiver of such notice
is signed by the persons entitled to notice before the
meeting is convened. Copies of notices of meetings of the
board of the master association shall be posted in
entranceways, elevators, or other conspicuous places in
the condominium at least 48 hours prior to the meeting of
the board of the master association. Where there is no

common entranceway for 7 or more units, the board of the
master association may designate one or more locations in
the proximity of these units where the notices of meetings
shall be posted.
(5) If the declaration provides for election by unit
owners of members of the board of directors in the event of
a resale of a unit in the master association, the purchaser
of a unit from a seller other than the developer pursuant
to an installment contract for purchase shall, during such
times as he or she resides in the unit, be counted toward a
quorum for purposes of election of members of the board of
directors at any meeting of the unit owners called for
purposes of electing members of the board, and shall have
the right to vote for the election of members of the board
of directors and to be elected to and serve on the board of
directors unless the seller expressly retains in writing
any or all of those rights. In no event may the seller and
purchaser both be counted toward a quorum, be permitted to
vote for a particular office, or be elected and serve on
the board. Satisfactory evidence of the installment
contract shall be made available to the association or its
agents. For purposes of this subsection, "installment
contract" shall have the same meaning as set forth in
subsection (e) of Section 1 of the Dwelling Unit
Installment Contract Act.
(6) The board of the master association shall have the

authority to establish and maintain a system of master
metering of public utility services and to collect payments
in connection therewith, subject to the requirements of the
Tenant Utility Payment Disclosure Act.
(7) The board of the master association or a common
interest community association shall have the power, after
notice and an opportunity to be heard, to levy and collect
reasonable fines from members for violations of the
declaration, bylaws, and rules and regulations of the
master association or the common interest community
association. Nothing contained in this subdivision (7)
shall give rise to a statutory lien for unpaid fines.
(8) Other than attorney's fees, no fees pertaining to
the collection of a unit owner's financial obligation to
the Association, including fees charged by a manager or
managing agent, shall be added to and deemed a part of an
owner's respective share of the common expenses unless: (i)
the managing agent fees relate to the costs to collect
common expenses for the Association; (ii) the fees are set
forth in a contract between the managing agent and the
Association; and (iii) the authority to add the management
fees to an owner's respective share of the common expenses
is specifically stated in the declaration or bylaws of the
Association.
(d) Records.
(1) The board of the master association shall maintain

the following records of the association and make them
available for examination and copying at convenient hours
of weekdays by any unit owners in a condominium subject to
the authority of the board or their mortgagees and their
duly authorized agents or attorneys:
(i) Copies of the recorded declaration, other
condominium instruments, other duly recorded covenants
and bylaws and any amendments, articles of
incorporation of the master association, annual
reports and any rules and regulations adopted by the
master association or its board shall be available.
Prior to the organization of the master association,
the developer shall maintain and make available the
records set forth in this subdivision (d)(1) for
examination and copying.
(ii) Detailed and accurate records in
chronological order of the receipts and expenditures
affecting the common areas, specifying and itemizing
the maintenance and repair expenses of the common areas
and any other expenses incurred, and copies of all
contracts, leases, or other agreements entered into by
the master association, shall be maintained.
(iii) The minutes of all meetings of the master
association and the board of the master association
shall be maintained for not less than 7 years.
(iv) Ballots and proxies related thereto, if any,

for any election held for the board of the master
association and for any other matters voted on by the
unit owners shall be maintained for not less than one
year.
(v) Such other records of the master association as
are available for inspection by members of a
not-for-profit corporation pursuant to Section 107.75
of the General Not For Profit Corporation Act of 1986
shall be maintained.
(vi) With respect to units owned by a land trust,
if a trustee designates in writing a person to cast
votes on behalf of the unit owner, the designation
shall remain in effect until a subsequent document is
filed with the association.
(2) Where a request for records under this subsection
is made in writing to the board of managers or its agent,
failure to provide the requested record or to respond
within 30 days shall be deemed a denial by the board of
directors.
(3) A reasonable fee may be charged by the master
association or its board for the cost of copying.
(4) If the board of directors fails to provide records
properly requested under subdivision (d)(1) within the
time period provided in subdivision (d)(2), the unit owner
may seek appropriate relief, including an award of
attorney's fees and costs.

(e) The board of directors shall have standing and capacity
to act in a representative capacity in relation to matters
involving the common areas of the master association or more
than one unit, on behalf of the unit owners as their interests
may appear.
(f) Administration of property prior to election of the
initial board of directors.
(1) Until the election, by the unit owners or the
boards of managers of the underlying condominium
associations, of the initial board of directors of a master
association whose declaration is recorded on or after
August 10, 1990, the same rights, titles, powers,
privileges, trusts, duties and obligations that are vested
in or imposed upon the board of directors by this Act or in
the declaration or other duly recorded covenant shall be
held and performed by the developer.
(2) The election of the initial board of directors of a
master association whose declaration is recorded on or
after August 10, 1990, by the unit owners or the boards of
managers of the underlying condominium associations, shall
be held not later than 60 days after the conveyance by the
developer of 75% of the units, or 3 years after the
recording of the declaration, whichever is earlier. The
developer shall give at least 21 days notice of the meeting
to elect the initial board of directors and shall upon
request provide to any unit owner, within 3 working days of

the request, the names, addresses, and weighted vote of
each unit owner entitled to vote at the meeting. Any unit
owner shall upon receipt of the request be provided with
the same information, within 10 days of the request, with
respect to each subsequent meeting to elect members of the
board of directors.
(3) If the initial board of directors of a master
association whose declaration is recorded on or after
August 10, 1990 is not elected by the unit owners or the
members of the underlying condominium association board of
managers at the time established in subdivision (f)(2), the
developer shall continue in office for a period of 30 days,
whereupon written notice of his resignation shall be sent
to all of the unit owners or members of the underlying
condominium board of managers entitled to vote at an
election for members of the board of directors.
(4) Within 60 days following the election of a majority
of the board of directors, other than the developer, by
unit owners, the developer shall deliver to the board of
directors:
(i) All original documents as recorded or filed
pertaining to the property, its administration, and
the association, such as the declaration, articles of
incorporation, other instruments, annual reports,
minutes, rules and regulations, and contracts, leases,
or other agreements entered into by the association. If

any original documents are unavailable, a copy may be
provided if certified by affidavit of the developer, or
an officer or agent of the developer, as being a
complete copy of the actual document recorded or filed.
(ii) A detailed accounting by the developer,
setting forth the source and nature of receipts and
expenditures in connection with the management,
maintenance and operation of the property, copies of
all insurance policies, and a list of any loans or
advances to the association which are outstanding.
(iii) Association funds, which shall have been at
all times segregated from any other moneys of the
developer.
(iv) A schedule of all real or personal property,
equipment and fixtures belonging to the association,
including documents transferring the property,
warranties, if any, for all real and personal property
and equipment, deeds, title insurance policies, and
all tax bills.
(v) A list of all litigation, administrative
action and arbitrations involving the association, any
notices of governmental bodies involving actions taken
or which may be taken concerning the association,
engineering and architectural drawings and
specifications as approved by any governmental
authority, all other documents filed with any other

governmental authority, all governmental certificates,
correspondence involving enforcement of any
association requirements, copies of any documents
relating to disputes involving unit owners, and
originals of all documents relating to everything
listed in this subparagraph.
(vi) If the developer fails to fully comply with
this paragraph (4) within the 60 days provided and
fails to fully comply within 10 days of written demand
mailed by registered or certified mail to his or her
last known address, the board may bring an action to
compel compliance with this paragraph (4). If the court
finds that any of the required deliveries were not made
within the required period, the board shall be entitled
to recover its reasonable attorneys' fees and costs
incurred from and after the date of expiration of the
10 day demand.
(5) With respect to any master association whose
declaration is recorded on or after August 10, 1990, any
contract, lease, or other agreement made prior to the
election of a majority of the board of directors other than
the developer by or on behalf of unit owners or underlying
condominium associations, the association or the board of
directors, which extends for a period of more than 2 years
from the recording of the declaration, shall be subject to
cancellation by more than 1/2 of the votes of the unit

owners, other than the developer, cast at a special meeting
of members called for that purpose during a period of 90
days prior to the expiration of the 2 year period if the
board of managers is elected by the unit owners, otherwise
by more than 1/2 of the underlying condominium board of
managers. At least 60 days prior to the expiration of the 2
year period, the board of directors, or, if the board is
still under developer control, then the board of managers
or the developer shall send notice to every unit owner or
underlying condominium board of managers, notifying them
of this provision, of what contracts, leases and other
agreements are affected, and of the procedure for calling a
meeting of the unit owners or for action by the underlying
condominium board of managers for the purpose of acting to
terminate such contracts, leases or other agreements.
During the 90 day period the other party to the contract,
lease, or other agreement shall also have the right of
cancellation.
(6) The statute of limitations for any actions in law
or equity which the master association may bring shall not
begin to run until the unit owners or underlying
condominium board of managers have elected a majority of
the members of the board of directors.
(g) In the event of any resale of a unit in a master
association by a unit owner other than the developer, the owner
shall obtain from the board of directors and shall make

available for inspection to the prospective purchaser, upon
demand, the following:
(1) A copy of the declaration, other instruments and
any rules and regulations.
(2) A statement of any liens, including a statement of
the account of the unit setting forth the amounts of unpaid
assessments and other charges due and owing.
(3) A statement of any capital expenditures
anticipated by the association within the current or
succeeding 2 fiscal years.
(4) A statement of the status and amount of any reserve
for replacement fund and any portion of such fund earmarked
for any specified project by the board of directors.
(5) A copy of the statement of financial condition of
the association for the last fiscal year for which such a
statement is available.
(6) A statement of the status of any pending suits or
judgments in which the association is a party.
(7) A statement setting forth what insurance coverage
is provided for all unit owners by the association.
(8) A statement that any improvements or alterations
made to the unit, or any part of the common areas assigned
thereto, by the prior unit owner are in good faith believed
to be in compliance with the declaration of the master
association.
The principal officer of the unit owner's association or

such other officer as is specifically designated shall furnish
the above information when requested to do so in writing,
within 30 days of receiving the request.
A reasonable fee covering the direct out-of-pocket cost of
copying and providing such information may be charged by the
association or its board of directors to the unit seller for
providing the information.
(g-1) The purchaser of a unit of a common interest
community at a judicial foreclosure sale, other than a
mortgagee, who takes possession of a unit of a common interest
community pursuant to a court order or a purchaser who acquires
title from a mortgagee shall have the duty to pay the
proportionate share, if any, of the common expenses for the
unit that would have become due in the absence of any
assessment acceleration during the 6 months immediately
preceding institution of an action to enforce the collection of
assessments and the court costs incurred by the association in
an action to enforce the collection that remain unpaid by the
owner during whose possession the assessments accrued. If the
outstanding assessments and the court costs incurred by the
association in an action to enforce the collection are paid at
any time during any action to enforce the collection of
assessments, the purchaser shall have no obligation to pay any
assessments that accrued before he or she acquired title. The
notice of sale of a unit of a common interest community under
subsection (c) of Section 15-1507 of the Code of Civil

Procedure shall state that the purchaser of the unit other than
a mortgagee shall pay the assessments and court costs required
by this subsection (g-1).
(h) Errors and omissions.
(1) If there is an omission or error in the declaration
or other instrument of the master association, the master
association may correct the error or omission by an
amendment to the declaration or other instrument, as may be
required to conform it to this Act, to any other applicable
statute, or to the declaration. The amendment shall be
adopted by vote of two-thirds of the members of the board
of directors or by a majority vote of the unit owners at a
meeting called for that purpose, unless the Act or the
declaration of the master association specifically
provides for greater percentages or different procedures.
(2) If, through a scrivener's error, a unit has not
been designated as owning an appropriate undivided share of
the common areas or does not bear an appropriate share of
the common expenses, or if all of the common expenses or
all of the common elements in the condominium have not been
distributed in the declaration, so that the sum total of
the shares of common areas which have been distributed or
the sum total of the shares of the common expenses fail to
equal 100%, or if it appears that more than 100% of the
common elements or common expenses have been distributed,
the error may be corrected by operation of law by filing an

amendment to the declaration, approved by vote of
two-thirds of the members of the board of directors or a
majority vote of the unit owners at a meeting called for
that purpose, which proportionately adjusts all percentage
interests so that the total is equal to 100%, unless the
declaration specifically provides for a different
procedure or different percentage vote by the owners of the
units and the owners of mortgages thereon affected by
modification being made in the undivided interest in the
common areas, the number of votes in the unit owners
association or the liability for common expenses
appertaining to the unit.
(3) If an omission or error or a scrivener's error in
the declaration or other instrument is corrected by vote of
two-thirds of the members of the board of directors
pursuant to the authority established in subdivisions
(h)(1) or (h)(2) of this Section, the board, upon written
petition by unit owners with 20% of the votes of the
association or resolutions adopted by the board of managers
or board of directors of the condominium and common
interest community associations which select 20% of the
members of the board of directors of the master
association, whichever is applicable, received within 30
days of the board action, shall call a meeting of the unit
owners or the boards of the condominium and common interest
community associations which select members of the board of

directors of the master association within 30 days of the
filing of the petition or receipt of the condominium and
common interest community association resolution to
consider the board action. Unless a majority of the votes
of the unit owners of the association are cast at the
meeting to reject the action, or board of managers or board
of directors of condominium and common interest community
associations which select over 50% of the members of the
board of the master association adopt resolutions prior to
the meeting rejecting the action of the board of directors
of the master association, it is ratified whether or not a
quorum is present.
(4) The procedures for amendments set forth in this
subsection (h) cannot be used if such an amendment would
materially or adversely affect property rights of the unit
owners unless the affected unit owners consent in writing.
This Section does not restrict the powers of the
association to otherwise amend the declaration, bylaws, or
other condominium instruments, but authorizes a simple
process of amendment requiring a lesser vote for the
purpose of correcting defects, errors, or omissions when
the property rights of the unit owners are not materially
or adversely affected.
(5) If there is an omission or error in the declaration
or other instruments that may not be corrected by an
amendment procedure set forth in subdivision (h)(1) or

(h)(2) of this Section, then the circuit court in the
county in which the master association is located shall
have jurisdiction to hear a petition of one or more of the
unit owners thereon or of the association, to correct the
error or omission, and the action may be a class action.
The court may require that one or more methods of
correcting the error or omission be submitted to the unit
owners to determine the most acceptable correction. All
unit owners in the association must be joined as parties to
the action. Service of process on owners may be by
publication, but the plaintiff shall furnish all unit
owners not personally served with process with copies of
the petition and final judgment of the court by certified
mail, return receipt requested, at their last known
address.
(6) Nothing contained in this Section shall be
construed to invalidate any provision of a declaration
authorizing the developer to amend an instrument prior to
the latest date on which the initial membership meeting of
the unit owners must be held, whether or not it has
actually been held, to bring the instrument into compliance
with the legal requirements of the Federal National
Mortgage Association, the Federal Home Loan Mortgage
Corporation, the Federal Housing Administration, the
United States Veterans Administration or their respective
successors and assigns.

(i) The provisions of subsections (c) through (h) are
applicable to all declarations, other condominium instruments,
and other duly recorded covenants establishing the powers and
duties of the master association recorded under this Act. Any
portion of a declaration, other condominium instrument, or
other duly recorded covenant establishing the powers and duties
of a master association which contains provisions contrary to
the provisions of subsection (c) through (h) shall be void as
against public policy and ineffective. Any declaration, other
condominium instrument, or other duly recorded covenant
establishing the powers and duties of the master association
which fails to contain the provisions required by subsections
(c) through (h) shall be deemed to incorporate such provisions
by operation of law.
(j) (Blank).
(Source: P.A. 96-1045, eff. 7-14-10; 97-535, eff. 1-1-12;
97-605, eff. 8-26-11; revised 10-4-11.)
Section 710. The Mobile Home Landlord and Tenant Rights Act
is amended by changing Section 13 as follows:
(765 ILCS 745/13) (from Ch. 80, par. 213)
Sec. 13. Tenant's Duties. The tenant shall agree at all
times during the tenancy to:
(a) Keep the mobile home unit, if he rents such, or the
exterior premises if he rents a lot, in a clean and sanitary

condition, free of garbage and rubbish;
(b) Refrain from the storage of any inoperable motor
vehicle;
(c) Refrain from washing all vehicles except at an area
designated by park management;
(d) Refrain from performing any major repairs of motor
vehicles at any time;
(e) Refrain from the storage of any icebox, stove, building
material, furniture or similar items on the exterior premises;
(f) Keep the supplied basic facilities, including plumbing
fixtures, cooking and refrigeration equipment and electrical
fixtures in a leased mobile home unit in a clean and sanitary
condition and be responsible for the exercise of reasonable
care in their proper use and operation;
(g) Not deliberately or negligently destroy, deface,
damage, impair or remove any part of the premises or knowingly
permit any person to do so;
(h) Conduct himself and require other persons on the
premises with his consent to conduct themselves in a manner
that will not affect effect or disturb his neighbors' neighbors
peaceful enjoyment of the premises;
(i) Abide by all the rules or regulations concerning the
use, occupation and maintenance of the premises; and
(j) Abide by any reasonable rules for guest parking which
are clearly stated.
(Source: P.A. 81-637; revised 11-21-11.)

Section 715. The Illinois Human Rights Act is amended by
changing Sections 1-103 and 7A-102 as follows:
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
Sec. 1-103. General Definitions. When used in this Act,
unless the context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training or
apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
(B) Aggrieved Party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
(C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the Department
under its authority.
(D) Civil Rights Violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
6-101, and 6-102 of this Act.

(E) Commission. "Commission" means the Human Rights
Commission created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
(G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
(H) Department. "Department" means the Department of Human
Rights created by this Act.
(I) Disability. "Disability" means a determinable physical
or mental characteristic of a person, including, but not
limited to, a determinable physical characteristic which
necessitates the person's use of a guide, hearing or support
dog, the history of such characteristic, or the perception of
such characteristic by the person complained against, which may
result from disease, injury, congenital condition of birth or
functional disorder and which characteristic:
(1) For purposes of Article 2 is unrelated to the
person's ability to perform the duties of a particular job
or position and, pursuant to Section 2-104 of this Act, a
person's illegal use of drugs or alcohol is not a
disability;
(2) For purposes of Article 3, is unrelated to the
person's ability to acquire, rent or maintain a housing

accommodation;
(3) For purposes of Article 4, is unrelated to a
person's ability to repay;
(4) For purposes of Article 5, is unrelated to a
person's ability to utilize and benefit from a place of
public accommodation; .
(5) For purposes of Article 5, also includes any
mental, psychological, or developmental disability,
including autism spectrum disorders.
(J) Marital Status. "Marital status" means the legal status
of being married, single, separated, divorced or widowed.
(J-1) Military Status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve, United
States Marine Corps Reserve, United States Navy Reserve, United
States Air Force Reserve, and United States Coast Guard
Reserve, or status as a current member or veteran of the
Illinois Army National Guard or Illinois Air National Guard.
(K) National Origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection issued
pursuant to the Illinois Domestic Violence Act of 1986 or an
order of protection issued by a court of another state.

(L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
(M) Public Contract. "Public contract" includes every
contract to which the State, any of its political subdivisions
or any municipal corporation is a party.
(N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2, "religion"
has the meaning ascribed to it in paragraph (F) of Section
2-101.
(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
(P) Unfavorable Military Discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components or any National Guard
or Naval Militia which are classified as RE-3 or the equivalent

thereof, but does not include those characterized as RE-4 or
"Dishonorable".
(Q) Unlawful Discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
race, color, religion, national origin, ancestry, age, sex,
marital status, order of protection status, disability,
military status, sexual orientation, or unfavorable discharge
from military service as those terms are defined in this
Section.
(Source: P.A. 96-328, eff. 8-11-09; 96-447, eff. 1-1-10;
97-410, eff. 1-1-12; revised 11-21-11.)
(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
Sec. 7A-102. Procedures.
(A) Charge.
(1) Within 180 days after the date that a civil rights
violation allegedly has been committed, a charge in writing
under oath or affirmation may be filed with the Department
by an aggrieved party or issued by the Department itself
under the signature of the Director.
(2) The charge shall be in such detail as to
substantially apprise any party properly concerned as to
the time, place, and facts surrounding the alleged civil
rights violation.
(3) Charges deemed filed with the Department pursuant
to subsection (A-1) of this Section shall be deemed to be

in compliance with this subsection.
(A-1) Equal Employment Opportunity Commission Charges.
(1) If a charge is filed with the Equal Employment
Opportunity Commission (EEOC) within 180 days after the
date of the alleged civil rights violation, the charge
shall be deemed filed with the Department on the date filed
with the EEOC. If the EEOC is the governmental agency
designated to investigate the charge first, the Department
shall take no action until the EEOC makes a determination
on the charge and after the complainant notifies the
Department of the EEOC's determination. In such cases,
after receiving notice from the EEOC that a charge was
filed, the Department shall notify the parties that (i) a
charge has been received by the EEOC and has been sent to
the Department for dual filing purposes; (ii) the EEOC is
the governmental agency responsible for investigating the
charge and that the investigation shall be conducted
pursuant to the rules and procedures adopted by the EEOC;
(iii) it will take no action on the charge until the EEOC
issues its determination; (iv) the complainant must submit
a copy of the EEOC's determination within 30 days after
service of the determination by the EEOC on complainant;
and (v) that the time period to investigate the charge
contained in subsection (G) of this Section is tolled from
the date on which the charge is filed with the EEOC until
the EEOC issues its determination.

(2) If the EEOC finds reasonable cause to believe that
there has been a violation of federal law and if the
Department is timely notified of the EEOC's findings by
complainant, the Department shall notify complainant that
the Department has adopted the EEOC's determination of
reasonable cause and that complainant has the right, within
90 days after receipt of the Department's notice, to either
file his or her own complaint with the Illinois Human
Rights Commission or commence a civil action in the
appropriate circuit court or other appropriate court of
competent jurisdiction. The Department's notice to
complainant that the Department has adopted the EEOC's
determination of reasonable cause shall constitute the
Department's Report for purposes of subparagraph (D) of
this Section.
(3) For those charges alleging violations within the
jurisdiction of both the EEOC and the Department and for
which the EEOC either (i) does not issue a determination,
but does issue the complainant a notice of a right to sue,
including when the right to sue is issued at the request of
the complainant, or (ii) determines that it is unable to
establish that illegal discrimination has occurred and
issues the complainant a right to sue notice, and if the
Department is timely notified of the EEOC's determination
by complainant, the Department shall notify the parties
that the Department will adopt the EEOC's determination as

a dismissal for lack of substantial evidence unless the
complainant requests in writing within 35 days after
receipt of the Department's notice that the Department
review the EEOC's determination.
(a) If the complainant does not file a written
request with the Department to review the EEOC's
determination within 35 days after receipt of the
Department's notice, the Department shall notify
complainant that the decision of the EEOC has been
adopted by the Department as a dismissal for lack of
substantial evidence and that the complainant has the
right, within 90 days after receipt of the Department's
notice, to commence a civil action in the appropriate
circuit court or other appropriate court of competent
jurisdiction. The Department's notice to complainant
that the Department has adopted the EEOC's
determination shall constitute the Department's report
for purposes of subparagraph (D) of this Section.
(b) If the complainant does file a written request
with the Department to review the EEOC's
determination, the Department shall review the EEOC's
determination and any evidence obtained by the EEOC
during its investigation. If, after reviewing the
EEOC's determination and any evidence obtained by the
EEOC, the Department determines there is no need for
further investigation of the charge, the Department

shall issue a report and the Director shall determine
whether there is substantial evidence that the alleged
civil rights violation has been committed pursuant to
subsection (D) of Section 7A-102. If, after reviewing
the EEOC's determination and any evidence obtained by
the EEOC, the Department determines there is a need for
further investigation of the charge, the Department
may conduct any further investigation it deems
necessary. After reviewing the EEOC's determination,
the evidence obtained by the EEOC, and any additional
investigation conducted by the Department, the
Department shall issue a report and the Director shall
determine whether there is substantial evidence that
the alleged civil rights violation has been committed
pursuant to subsection (D) of Section 7A-102 of this
Act.
(4) Pursuant to this Section, if the EEOC dismisses the
charge or a portion of the charge of discrimination
because, under federal law, the EEOC lacks jurisdiction
over the charge, and if, under this Act, the Department has
jurisdiction over the charge of discrimination, the
Department shall investigate the charge or portion of the
charge dismissed by the EEOC for lack of jurisdiction
pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
(E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
this Act.

(5) The time limit set out in subsection (G) of this
Section is tolled from the date on which the charge is
filed with the EEOC to the date on which the EEOC issues
its determination.
(B) Notice and Response to Charge. The Department shall,
within 10 days of the date on which the charge was filed, serve
a copy of the charge on the respondent. This period shall not
be construed to be jurisdictional. The charging party and the
respondent may each file a position statement and other
materials with the Department regarding the charge of alleged
discrimination within 60 days of receipt of the notice of the
charge. The position statements and other materials filed shall
remain confidential unless otherwise agreed to by the party
providing the information and shall not be served on or made
available to the other party during pendency of a charge with
the Department. The Department shall require the respondent to
file a verified response to the allegations contained in the
charge within 60 days of receipt of the notice of the charge.
The respondent shall serve a copy of its response on the
complainant or his representative. All allegations contained
in the charge not timely denied by the respondent shall be
deemed admitted, unless the respondent states that it is
without sufficient information to form a belief with respect to
such allegation. The Department may issue a notice of default
directed to any respondent who fails to file a verified
response to a charge within 60 days of receipt of the notice of

the charge, unless the respondent can demonstrate good cause as
to why such notice should not issue. The term "good cause"
shall be defined by rule promulgated by the Department. Within
30 days of receipt of the respondent's response, the
complainant may file a reply to said response and shall serve a
copy of said reply on the respondent or his representative. A
party shall have the right to supplement his response or reply
at any time that the investigation of the charge is pending.
The Department shall, within 10 days of the date on which the
charge was filed, and again no later than 335 days thereafter,
send by certified or registered mail written notice to the
complainant and to the respondent informing the complainant of
the complainant's right to either file a complaint with the
Human Rights Commission or commence a civil action in the
appropriate circuit court under subparagraph (2) of paragraph
(G), including in such notice the dates within which the
complainant may exercise this right. In the notice the
Department shall notify the complainant that the charge of
civil rights violation will be dismissed with prejudice and
with no right to further proceed if a written complaint is not
timely filed with the Commission or with the appropriate
circuit court by the complainant pursuant to subparagraph (2)
of paragraph (G) or by the Department pursuant to subparagraph
(1) of paragraph (G).
(B-1) Mediation. The complainant and respondent may agree
to voluntarily submit the charge to mediation without waiving

any rights that are otherwise available to either party
pursuant to this Act and without incurring any obligation to
accept the result of the mediation process. Nothing occurring
in mediation shall be disclosed by the Department or admissible
in evidence in any subsequent proceeding unless the complainant
and the respondent agree in writing that such disclosure be
made.
(C) Investigation.
(1) After the respondent has been notified, the
Department shall conduct a full investigation of the
allegations set forth in the charge.
(2) The Director or his or her designated
representatives shall have authority to request any member
of the Commission to issue subpoenas to compel the
attendance of a witness or the production for examination
of any books, records or documents whatsoever.
(3) If any witness whose testimony is required for any
investigation resides outside the State, or through
illness or any other good cause as determined by the
Director is unable to be interviewed by the investigator or
appear at a fact finding conference, his or her testimony
or deposition may be taken, within or without the State, in
the same manner as is provided for in the taking of
depositions in civil cases in circuit courts.
(4) Upon reasonable notice to the complainant and the
respondent, the Department shall conduct a fact finding

conference, unless prior to 365 days after the date on
which the charge was filed the Director has determined
whether there is substantial evidence that the alleged
civil rights violation has been committed, the charge has
been dismissed for lack of jurisdiction, or the parties
voluntarily and in writing agree to waive the fact finding
conference. Any party's failure to attend the conference
without good cause shall result in dismissal or default.
The term "good cause" shall be defined by rule promulgated
by the Department. A notice of dismissal or default shall
be issued by the Director. The notice of default issued by
the Director shall notify the respondent that a request for
review may be filed in writing with the Commission within
30 days of receipt of notice of default. The notice of
dismissal issued by the Director shall give the complainant
notice of his or her right to seek review of the dismissal
before the Human Rights Commission or commence a civil
action in the appropriate circuit court. If the complainant
chooses to have the Human Rights Commission review the
dismissal order, he or she shall file a request for review
with the Commission within 90 days after receipt of the
Director's notice. If the complainant chooses to file a
request for review with the Commission, he or she may not
later commence a civil action in a circuit court. If the
complainant chooses to commence a civil action in a circuit
court, he or she must do so within 90 days after receipt of

the Director's notice.
(D) Report.
(1) Each charge shall be the subject of a report to the
Director. The report shall be a confidential document
subject to review by the Director, authorized Department
employees, the parties, and, where indicated by this Act,
members of the Commission or their designated hearing
officers.
(2) Upon review of the report, the Director shall
determine whether there is substantial evidence that the
alleged civil rights violation has been committed. The
determination of substantial evidence is limited to
determining the need for further consideration of the
charge pursuant to this Act and includes, but is not
limited to, findings of fact and conclusions, as well as
the reasons for the determinations on all material issues.
Substantial evidence is evidence which a reasonable mind
accepts as sufficient to support a particular conclusion
and which consists of more than a mere scintilla but may be
somewhat less than a preponderance.
(3) If the Director determines that there is no
substantial evidence, the charge shall be dismissed by
order of the Director and the Director shall give the
complainant notice of his or her right to seek review of
the dismissal order before the Commission or commence a
civil action in the appropriate circuit court. If the

complainant chooses to have the Human Rights Commission
review the dismissal order, he or she shall file a request
for review with the Commission within 90 days after receipt
of the Director's notice. If the complainant chooses to
file a request for review with the Commission, he or she
may not later commence a civil action in a circuit court.
If the complainant chooses to commence a civil action in a
circuit court, he or she must do so within 90 days after
receipt of the Director's notice.
(4) If the Director determines that there is
substantial evidence, he or she shall notify the
complainant and respondent of that determination. The
Director shall also notify the parties that the complainant
has the right to either commence a civil action in the
appropriate circuit court or request that the Department of
Human Rights file a complaint with the Human Rights
Commission on his or her behalf. Any such complaint shall
be filed within 90 days after receipt of the Director's
notice. If the complainant chooses to have the Department
file a complaint with the Human Rights Commission on his or
her behalf, the complainant must, within 30 days after
receipt of the Director's notice, request in writing that
the Department file the complaint. If the complainant
timely requests that the Department file the complaint, the
Department shall file the complaint on his or her behalf.
If the complainant fails to timely request that the

Department file the complaint, the complainant may file his
or her complaint with the Commission or commence a civil
action in the appropriate circuit court. If the complainant
files a complaint with the Human Rights Commission, the
complainant shall give notice to the Department of the
filing of the complaint with the Human Rights Commission.
(E) Conciliation.
(1) When there is a finding of substantial evidence,
the Department may designate a Department employee who is
an attorney licensed to practice in Illinois to endeavor to
eliminate the effect of the alleged civil rights violation
and to prevent its repetition by means of conference and
conciliation.
(2) When the Department determines that a formal
conciliation conference is necessary, the complainant and
respondent shall be notified of the time and place of the
conference by registered or certified mail at least 10 days
prior thereto and either or both parties shall appear at
the conference in person or by attorney.
(3) The place fixed for the conference shall be within
35 miles of the place where the civil rights violation is
alleged to have been committed.
(4) Nothing occurring at the conference shall be
disclosed by the Department unless the complainant and
respondent agree in writing that such disclosure be made.
(5) The Department's efforts to conciliate the matter

shall not stay or extend the time for filing the complaint
with the Commission or the circuit court.
(F) Complaint.
(1) When the complainant requests that the Department
file a complaint with the Commission on his or her behalf,
the Department shall prepare a written complaint, under
oath or affirmation, stating the nature of the civil rights
violation substantially as alleged in the charge
previously filed and the relief sought on behalf of the
aggrieved party. The Department shall file the complaint
with the Commission.
(2) If the complainant chooses to commence a civil
action in a circuit court, he or she must do so in the
circuit court in the county wherein the civil rights
violation was allegedly committed. The form of the
complaint in any such civil action shall be in accordance
with the Illinois Code of Civil Procedure.
(G) Time Limit.
(1) When a charge of a civil rights violation has been
properly filed, the Department, within 365 days thereof or
within any extension of that period agreed to in writing by
all parties, shall issue its report as required by
subparagraph (D). Any such report shall be duly served upon
both the complainant and the respondent.
(2) If the Department has not issued its report within
365 days after the charge is filed, or any such longer

period agreed to in writing by all the parties, the
complainant shall have 90 days to either file his or her
own complaint with the Human Rights Commission or commence
a civil action in the appropriate circuit court. If the
complainant files a complaint with the Commission, the form
of the complaint shall be in accordance with the provisions
of paragraph (F)(1). If the complainant commences a civil
action in a circuit court, the form of the complaint shall
be in accordance with the Illinois Code of Civil Procedure.
The aggrieved party shall notify the Department that a
complaint has been filed and shall serve a copy of the
complaint on the Department on the same date that the
complaint is filed with the Commission or in circuit court.
If the complainant files a complaint with the Commission,
he or she may not later commence a civil action in circuit
court.
(3) If an aggrieved party files a complaint with the
Human Rights Commission or commences a civil action in
circuit court pursuant to paragraph (2) of this subsection,
or if the time period for filing a complaint has expired,
the Department shall immediately cease its investigation
and dismiss the charge of civil rights violation. Any final
order entered by the Commission under this Section is
appealable in accordance with paragraph (B)(1) of Section
8-111. Failure to immediately cease an investigation and
dismiss the charge of civil rights violation as provided in

this paragraph (3) constitutes grounds for entry of an
order by the circuit court permanently enjoining the
investigation. The Department may also be liable for any
costs and other damages incurred by the respondent as a
result of the action of the Department.
(4) The Department shall stay any administrative
proceedings under this Section after the filing of a civil
action by or on behalf of the aggrieved party under any
federal or State law seeking relief with respect to the
alleged civil rights violation.
(H) This amendatory Act of 1995 applies to causes of action
filed on or after January 1, 1996.
(I) This amendatory Act of 1996 applies to causes of action
filed on or after January 1, 1996.
(J) The changes made to this Section by Public Act 95-243
apply to charges filed on or after the effective date of those
changes.
(K) The changes made to this Section by this amendatory Act
of the 96th General Assembly apply to charges filed on or after
the effective date of those changes.
(Source: P.A. 96-876, eff. 2-2-10; 97-22, eff. 1-1-12; 97-596,
eff. 8-26-11; revised 10-4-11.)
Section 720. The Limited Liability Company Act is amended
by changing Section 30-10 as follows:

(805 ILCS 180/30-10)
Sec. 30-10. Rights of a transferee.
(a) A transferee of a distributional interest may become a
member of a limited liability company if and to the extent that
the transferor gives the transferee the right in accordance
with authority described in the operating agreement or all
other members consent.
(b) A transferee who has become a member, to the extent
transferred, has the rights and powers, and is subject to the
restrictions and liabilities, of a member under the operating
agreement of a limited liability company and this Act. A
transferee who becomes a member also is liable for the
transferor member's obligations to make contributions under
Section 20-5 and for obligations under Section 25-35 to return
unlawful distributions, but the transferee is not obligated for
the transferor member's liabilities unknown to the transferee
at the time the transferee becomes a member.
(c) Whether or not a transferee of a distributional
interest becomes a member under subsection (a) of this Section,
the transferor is not released from liability to the limited
liability company under the operating agreement or this Act.
(d) A transferee who does not become a member is not
entitled to participate in the management or conduct of the
limited liability company's business, require access to
information concerning the company's transactions, or inspect
or copy any of the company's records.

(e) A transferee who does not become a member is entitled
to:
(1) receive, in accordance with the transfer,
distributions to which the transferor would otherwise be
entitled;
(2) receive, upon dissolution and winding up of the
limited liability company's business:
(A) in accordance with the transfer, the net amount
otherwise distributable to the transferor; and
(B) a statement of account only from the date of
the latest statement of account agreed to by all the
members; and
(3) seek under subdivision (5) (6) of Section 35-1 a
judicial determination that it is equitable to dissolve and
wind up the company's business.
(f) A limited liability company need not give effect to a
transfer until it has notice of the transfer.
(Source: P.A. 90-424, eff. 1-1-98; revised 11-21-11.)
Section 725. The Uniform Limited Partnership Act (2001) is
amended by changing Sections 210 and 1305 as follows:
(805 ILCS 215/210)
Sec. 210. Annual report for Secretary of State.
(a) A limited partnership or a foreign limited partnership
authorized to transact business in this State shall deliver to

the Secretary of State for filing an annual report that states:
(1) the name of the limited partnership or foreign
limited partnership;
(2) the street and mailing address of its designated
office and the name and street and mailing address of its
agent for service of process in this State;
(3) in the case of a limited partnership, the street
and mailing address of its principal office;
(4) in the case of a foreign limited partnership, the
State or other jurisdiction under whose law the foreign
limited partnership is formed and any alternate name
adopted under Section 905(a);
(5) Additional information that may be necessary or
appropriate in order to enable the Secretary of State to
administer this Act and to verify the proper amount of fees
payable by the limited partnership; and
(6) The annual report shall be made on forms prescribed
and furnished by the Secretary of State, and the
information therein, required by paragraphs (1) through
(4) of subsection (a), both inclusive, shall be given as of
the date of signing of the annual report. The annual report
shall be signed by a general partner.
(b) Information in an annual report must be current as of
the date the annual report is delivered to the Secretary of
State for filing.
(c) The annual report, together with all fees and charges

prescribed by this Act, shall be delivered to the Secretary of
State within 60 days immediately preceding the first day of the
anniversary month. Proof to the satisfaction of the Secretary
of State that, before the first day of the anniversary month of
the limited partnership or the foreign limited partnership, the
report, together with all fees and charges as prescribed by
this Act, was deposited in the United States mail in a sealed
envelope, properly addressed, with postage prepaid, shall be
deemed compliance with this requirement.
(d) If an annual report does not contain the information
required in subsection (a), the Secretary of State shall
promptly notify the reporting limited partnership or foreign
limited partnership and return the report to it for correction.
If the report is corrected to contain the information required
in subsection (a) and delivered to the Secretary of State
within 30 days after the effective date of the notice, it is
timely delivered.
(e) If a limited partnership or foreign limited partnership
fails to file its annual report and pay the requisite fee as
required by this Act before the first day of the anniversary
month in the year which it is due, the Secretary of State
shall:
(1) declare any limited partnership or foreign limited
partnership to be delinquent and not in good standing; and
(2) not file any additional documents, amendments,
reports, or other papers relating to the limited

partnership or foreign limited partnership organized under
or subject to the provisions of this Act until the
delinquency is satisfied.
(f) (e) If a limited partnership or foreign limited
partnership fails to file its annual report and pay the
requisite fee as required by this Act before the first day of
the anniversary month in the year in which it is due, the
Secretary of State may show the limited partnership or foreign
limited partnership as not in good standing in response to
inquiries received from any party regarding a limited
partnership that is delinquent.
(Source: P.A. 95-368, eff. 8-23-07; revised 11-21-11.)
(805 ILCS 215/1305)
Sec. 1305. Federal Employers Identification Number.
(a) All documents required by this Act to be filed in the
Office of the Secretary of State shall contain the Federal
Employers Identification Number of the limited partnership or
foreign limited partnership with respect to which the document
is filed, unless the partnership has not obtained a Federal
Employer Identification Number at the time of filing. In the
event a limited partnership or foreign limited partnership does
not have a Federal Employer Identification Number at the time
of such filing, such a number shall be obtained on behalf of
such partnership and shall be given to the Secretary of State
within 180 days after filing its initial document with the

Secretary of State.
(b) If a limited partnership or foreign limited partnership
fails to provide the Federal Employer Identification Number
within the time period prescribed by this Section, the
Secretary of State shall:
(1) declare any limited partnership or foreign limited
partnership to be delinquent and not in good standing; and
(2) not file any additional documents, amendments,
reports, or other papers relating to the limited
partnership or foreign limited partnership organized under
or subject to the provisions of this Act until the
delinquency is satisfied.
(c) (e) If a limited partnership or foreign limited
partnership fails to provide the Federal Employer
Identification Number within the time period prescribed by this
Section, the Secretary of State may show the limited
partnership or foreign limited partnership as not in good
standing in response to inquiries received from any party
regarding a limited partnership that is delinquent.
(Source: P.A. 95-368, eff. 8-23-07; revised 11-21-11.)
Section 730. The Uniform Commercial Code is amended by
changing Sections 3-305, 4A-211, and 4A-507 as follows:
(810 ILCS 5/3-305) (from Ch. 26, par. 3-305)
Sec. 3-305. Defenses and claims in recoupment.

(a) Except as stated in subsection (b), the right to
enforce the obligation of a party to pay an instrument is
subject to the following:
(1) a defense of the obligor based on (i) infancy of
the obligor to the extent it is a defense to a simple
contract, (ii) duress, lack of legal capacity, or
illegality of the transaction which, under the law,
nullifies the obligation of the obligor, (iii) fraud that
induced the obligor to sign the instrument with neither
knowledge nor reasonable opportunity to learn of its
character or its essential terms, or (iv) discharge of the
obligor in insolvency proceedings;
(2) a defense of the obligor stated in another Section
of this Article or a defense of the obligor that would be
available if the person entitled to enforce the instrument
were enforcing a right to payment under a simple contract;
and
(3) a claim in recoupment of the obligor against the
original payee of the instrument if the claim arose from
the transaction that gave give rise to the instrument; but
the claim of the obligor may be asserted against a
transferee of the instrument only to reduce the amount
owing on the instrument at the time the action is brought.
(b) The right of a holder in due course to enforce the
obligation of a party to pay the instrument is subject to
defenses of the obligor stated in subsection (a)(1), but is not

subject to defenses of the obligor stated in subsection (a)(2)
or claims in recoupment stated in subsection (a)(3) against a
person other than the holder.
(c) Except as stated in subsection (d), in an action to
enforce the obligation of a party to pay the instrument, the
obligor may not assert against the person entitled to enforce
the instrument a defense, claim in recoupment, or claim to the
instrument (Section 3-306) of another person, but the other
person's claim to the instrument may be asserted by the obligor
if the other person is joined in the action and personally
asserts the claim against the person entitled to enforce the
instrument. An obligor is not obliged to pay the instrument if
the person seeking enforcement of the instrument does not have
rights of a holder in due course and the obligor proves that
the instrument is a lost or stolen instrument.
(d) In an action to enforce the obligation of an
accommodation party to pay an instrument, the accommodation
party may assert against the person entitled to enforce the
instrument any defense or claim in recoupment under subsection
(a) that the accommodated party could assert against the person
entitled to enforce the instrument, except the defenses of
discharge in insolvency proceedings, infancy, or lack of legal
capacity.
(Source: P.A. 87-582; 87-1135; revised 11-21-11.)
(810 ILCS 5/4A-211) (from Ch. 26, par. 4A-211)

Sec. 4A-211. Cancellation and amendment of payment order.
(a) A communication of the sender of a payment order
cancelling or amending the order may be transmitted to the
receiving bank orally, electronically, or in writing. If a
security procedure is in effect between the sender and the
receiving bank, the communication is not effective to cancel or
amend the order unless the communication is verified pursuant
to the security procedure or the bank agrees to the
cancellation or amendment.
(b) Subject to subsection (a), a communication by the
sender cancelling or amending a payment order is effective to
cancel or amend the order if notice of the communication is
received at a time and in a manner affording the receiving bank
a reasonable opportunity to act on the communication before the
bank accepts the payment order.
(c) After a payment order has been accepted, cancellation
or amendment of the order is not effective unless the receiving
bank agrees or a funds transfer system rule allows cancellation
or amendment without agreement of the bank.
(1) With respect to a payment order accepted by a
receiving bank other than the beneficiary's bank,
cancellation or amendment is not effective unless a
conforming cancellation or amendment of the payment order
issued by the receiving bank is also made.
(2) With respect to a payment order accepted by the
beneficiary's bank, cancellation or amendment is not

effective unless the order was issued in execution of an
unauthorized payment order, or because of a mistake by a
sender in the funds transfer which resulted in the issuance
of a payment order (i) that is a duplicate of a payment
order previously issued by the sender, (ii) that orders
payment to a beneficiary not entitled to receive payment
from the originator, or (iii) that orders payment in an
amount greater than that the amount the beneficiary was
entitled to receive from the originator. If the payment
order is canceled or amended, the beneficiary's bank is
entitled to recover from the beneficiary any amount paid to
the beneficiary to the extent allowed by the law governing
mistake and restitution.
(d) An unaccepted payment order is canceled by operation of
law at the close of the fifth funds transfer business day of
the receiving bank after the execution date or payment date of
the order.
(e) A canceled payment order cannot be accepted. If an
accepted payment order is canceled, the acceptance is nullified
and no person has any right or obligation based on the
acceptance. Amendment of a payment order is deemed to be
cancellation of the original order at the time of amendment and
issue of a new payment order in the amended form at the same
time.
(f) Unless otherwise provided in an agreement of the
parties or in a funds transfer system rule, if the receiving

bank, after accepting a payment order, agrees to cancellation
or amendment of the order by the sender or is bound by a funds
transfer system rule allowing cancellation or amendment
without the bank's agreement, the sender, whether or not
cancellation or amendment is effective, is liable to the bank
for any loss and expenses, including reasonable attorney's
fees, incurred by the bank as a result of the cancellation or
amendment or attempted cancellation or amendment.
(g) A payment order is not revoked by the death or legal
incapacity of the sender unless the receiving bank knows of the
death or of an adjudication of incapacity by a court of
competent jurisdiction and has reasonable opportunity to act
before acceptance of the order.
(h) A funds transfer system rule is not effective to the
extent it conflicts with subsection (c)(2).
(Source: P.A. 86-1291; revised 11-21-11.)
(810 ILCS 5/4A-507) (from Ch. 26, par. 4A-507)
Sec. 4A-507. Choice of law.
(a) The following rules apply unless the affected parties
otherwise agree or subsection (c) applies:
(1) The rights and obligations between the sender of a
payment order and the receiving bank are governed by the
law of the jurisdiction in which the receiving bank is
located.
(2) The rights and obligations between the

beneficiary's bank and the beneficiary are governed by the
law of the jurisdiction in which the beneficiary's bank is
located.
(3) The issue of when payment is made pursuant to a
funds transfer by the originator to the beneficiary is
governed by the law of the jurisdiction in which the
beneficiary's bank is located.
(b) If the parties described in each paragraph of
subsection (a) have made an agreement selecting the law of a
particular jurisdiction to govern rights and obligations
between each other, the law of that jurisdiction governs those
rights and obligations, whether or not the payment order or the
funds transfer bears a reasonable relation to that
jurisdiction.
(c) A funds transfer system rule may select the law of a
particular jurisdiction to govern (i) rights and obligations
between participating banks with respect to payment orders
transmitted or processed through the system, or (ii) the rights
and obligations of some or all parties to a funds transfer any
part of which is carried out by means of the system. A choice
of law made pursuant to clause (i) is binding on participating
banks. A choice of law made pursuant to clause (ii) is binding
on the originator, other sender, or a receiving bank having
notice that the funds transfer system might be used in the
funds transfer and of the choice of law by the system when the
originator, other sender, or receiving bank issued or accepted

a payment order. The beneficiary of a funds transfer is bound
by the choice of law if, when the funds transfer is initiated,
the beneficiary has notice that the funds transfer system might
be used in the funds transfer and of the choice of law by the
system. The law of a jurisdiction selected pursuant to this
subsection may govern, whether or not that law bears a
reasonable relation to the matter in issue.
(d) In the event of inconsistency between an agreement
under subsection (b) and a choice of law rule under subsection
(c), the agreement under subsection (b) prevails.
(e) If a funds transfer is made by use of more than that
one funds transfer system and there is inconsistency between
choice of law rules of the systems, the matter in issue is
governed by the law of the selected jurisdiction that has the
most significant relationship to the matter in issue.
(Source: P.A. 86-1291; revised 11-21-11.)
Section 735. The Illinois Business Brokers Act of 1995 is
amended by changing Section 10-95 as follows:
(815 ILCS 307/10-95)
Sec. 10-95. Miscellaneous provisions.
(a) The rights and remedies under this Act are in addition
to any other rights or remedies that may exist at law or
equity.
(b) Any condition, stipulation, or provision binding any

client of a business broker to waive compliance with or relieve
a person from any duty or liability imposed by or any right
provided by this Act or any rule or order pursuant to this Act
is void.
(c) If any provision of this Act or its application to any
person or circumstance is held invalid, the invalidity of that
provision or application does not affect effect other
provisions or applications of this Act that can be given effect
without the invalid provision or application.
(Source: P.A. 90-70, eff. 7-8-97; revised 11-21-11.)
Section 740. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2BBB as follows:
(815 ILCS 505/2BBB)
Sec. 2BBB. Long term care facility, ID/DD facility, or
specialized mental health rehabilitation facility; Consumer
Choice Information Report. A long term care facility that fails
to comply with Section 2-214 of the Nursing Home Care Act or a
facility that fails to comply with Section 2-214 of the ID/DD
Community Care Act or Section 2-214 of the Specialized Mental
Health Rehabilitation Act commits an unlawful practice within
the meaning of this Act.
(Source: P.A. 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; 97-38,
eff. 6-28-11; 97-227, eff. 1-1-12; revised 10-4-11.)

Section 745. The Workers' Compensation Act is amended by
changing Sections 1, 8, and 11 as follows:
(820 ILCS 305/1) (from Ch. 48, par. 138.1)
Sec. 1. This Act may be cited as the Workers' Compensation
Act.
(a) The term "employer" as used in this Act means:
1. The State and each county, city, town, township,
incorporated village, school district, body politic, or
municipal corporation therein.
2. Every person, firm, public or private corporation,
including hospitals, public service, eleemosynary, religious
or charitable corporations or associations who has any person
in service or under any contract for hire, express or implied,
oral or written, and who is engaged in any of the enterprises
or businesses enumerated in Section 3 of this Act, or who at or
prior to the time of the accident to the employee for which
compensation under this Act may be claimed, has in the manner
provided in this Act elected to become subject to the
provisions of this Act, and who has not, prior to such
accident, effected a withdrawal of such election in the manner
provided in this Act.
3. Any one engaging in any business or enterprise referred
to in subsections 1 and 2 of Section 3 of this Act who
undertakes to do any work enumerated therein, is liable to pay
compensation to his own immediate employees in accordance with

the provisions of this Act, and in addition thereto if he
directly or indirectly engages any contractor whether
principal or sub-contractor to do any such work, he is liable
to pay compensation to the employees of any such contractor or
sub-contractor unless such contractor or sub-contractor has
insured, in any company or association authorized under the
laws of this State to insure the liability to pay compensation
under this Act, or guaranteed his liability to pay such
compensation. With respect to any time limitation on the filing
of claims provided by this Act, the timely filing of a claim
against a contractor or subcontractor, as the case may be,
shall be deemed to be a timely filing with respect to all
persons upon whom liability is imposed by this paragraph.
In the event any such person pays compensation under this
subsection he may recover the amount thereof from the
contractor or sub-contractor, if any, and in the event the
contractor pays compensation under this subsection he may
recover the amount thereof from the sub-contractor, if any.
This subsection does not apply in any case where the
accident occurs elsewhere than on, in or about the immediate
premises on which the principal has contracted that the work be
done.
4. Where an employer operating under and subject to the
provisions of this Act loans an employee to another such
employer and such loaned employee sustains a compensable
accidental injury in the employment of such borrowing employer

and where such borrowing employer does not provide or pay the
benefits or payments due such injured employee, such loaning
employer is liable to provide or pay all benefits or payments
due such employee under this Act and as to such employee the
liability of such loaning and borrowing employers is joint and
several, provided that such loaning employer is in the absence
of agreement to the contrary entitled to receive from such
borrowing employer full reimbursement for all sums paid or
incurred pursuant to this paragraph together with reasonable
attorneys' fees and expenses in any hearings before the
Illinois Workers' Compensation Commission or in any action to
secure such reimbursement. Where any benefit is provided or
paid by such loaning employer the employee has the duty of
rendering reasonable cooperation in any hearings, trials or
proceedings in the case, including such proceedings for
reimbursement.
Where an employee files an Application for Adjustment of
Claim with the Illinois Workers' Compensation Commission
alleging that his claim is covered by the provisions of the
preceding paragraph, and joining both the alleged loaning and
borrowing employers, they and each of them, upon written demand
by the employee and within 7 days after receipt of such demand,
shall have the duty of filing with the Illinois Workers'
Compensation Commission a written admission or denial of the
allegation that the claim is covered by the provisions of the
preceding paragraph and in default of such filing or if any

such denial be ultimately determined not to have been bona fide
then the provisions of Paragraph K of Section 19 of this Act
shall apply.
An employer whose business or enterprise or a substantial
part thereof consists of hiring, procuring or furnishing
employees to or for other employers operating under and subject
to the provisions of this Act for the performance of the work
of such other employers and who pays such employees their
salary or wages notwithstanding that they are doing the work of
such other employers shall be deemed a loaning employer within
the meaning and provisions of this Section.
(b) The term "employee" as used in this Act means:
1. Every person in the service of the State, including
members of the General Assembly, members of the Commerce
Commission, members of the Illinois Workers' Compensation
Commission, and all persons in the service of the University of
Illinois, county, including deputy sheriffs and assistant
state's attorneys, city, town, township, incorporated village
or school district, body politic, or municipal corporation
therein, whether by election, under appointment or contract of
hire, express or implied, oral or written, including all
members of the Illinois National Guard while on active duty in
the service of the State, and all probation personnel of the
Juvenile Court appointed pursuant to Article VI of the Juvenile
Court Act of 1987, and including any official of the State, any
county, city, town, township, incorporated village, school

district, body politic or municipal corporation therein except
any duly appointed member of a police department in any city
whose population exceeds 500,000 according to the last Federal
or State census, and except any member of a fire insurance
patrol maintained by a board of underwriters in this State. A
duly appointed member of a fire department in any city, the
population of which exceeds 500,000 according to the last
federal or State census, is an employee under this Act only
with respect to claims brought under paragraph (c) of Section
8.
One employed by a contractor who has contracted with the
State, or a county, city, town, township, incorporated village,
school district, body politic or municipal corporation
therein, through its representatives, is not considered as an
employee of the State, county, city, town, township,
incorporated village, school district, body politic or
municipal corporation which made the contract.
2. Every person in the service of another under any
contract of hire, express or implied, oral or written,
including persons whose employment is outside of the State of
Illinois where the contract of hire is made within the State of
Illinois, persons whose employment results in fatal or
non-fatal injuries within the State of Illinois where the
contract of hire is made outside of the State of Illinois, and
persons whose employment is principally localized within the
State of Illinois, regardless of the place of the accident or

the place where the contract of hire was made, and including
aliens, and minors who, for the purpose of this Act are
considered the same and have the same power to contract,
receive payments and give quittances therefor, as adult
employees.
3. Every sole proprietor and every partner of a business
may elect to be covered by this Act.
An employee or his dependents under this Act who shall have
a cause of action by reason of any injury, disablement or death
arising out of and in the course of his employment may elect to
pursue his remedy in the State where injured or disabled, or in
the State where the contract of hire is made, or in the State
where the employment is principally localized.
However, any employer may elect to provide and pay
compensation to any employee other than those engaged in the
usual course of the trade, business, profession or occupation
of the employer by complying with Sections 2 and 4 of this Act.
Employees are not included within the provisions of this Act
when excluded by the laws of the United States relating to
liability of employers to their employees for personal injuries
where such laws are held to be exclusive.
The term "employee" does not include persons performing
services as real estate broker, broker-salesman, or salesman
when such persons are paid by commission only.
(c) "Commission" means the Industrial Commission created
by Section 5 of "The Civil Administrative Code of Illinois",

approved March 7, 1917, as amended, or the Illinois Workers'
Compensation Commission created by Section 13 of this Act.
(d) To obtain compensation under this Act, an employee
bears the burden of showing, by a preponderance of the
evidence, that he or she has sustained accidental injuries
arising out of and in the course of the employment.
(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; revised
9-15-11.)
(820 ILCS 305/8) (from Ch. 48, par. 138.8)
Sec. 8. The amount of compensation which shall be paid to
the employee for an accidental injury not resulting in death
is:
(a) The employer shall provide and pay the negotiated rate,
if applicable, or the lesser of the health care provider's
actual charges or according to a fee schedule, subject to
Section 8.2, in effect at the time the service was rendered for
all the necessary first aid, medical and surgical services, and
all necessary medical, surgical and hospital services
thereafter incurred, limited, however, to that which is
reasonably required to cure or relieve from the effects of the
accidental injury, even if a health care provider sells,
transfers, or otherwise assigns an account receivable for
procedures, treatments, or services covered under this Act. If
the employer does not dispute payment of first aid, medical,
surgical, and hospital services, the employer shall make such

payment to the provider on behalf of the employee. The employer
shall also pay for treatment, instruction and training
necessary for the physical, mental and vocational
rehabilitation of the employee, including all maintenance
costs and expenses incidental thereto. If as a result of the
injury the employee is unable to be self-sufficient the
employer shall further pay for such maintenance or
institutional care as shall be required.
The employee may at any time elect to secure his own
physician, surgeon and hospital services at the employer's
expense, or,
Upon agreement between the employer and the employees, or
the employees' exclusive representative, and subject to the
approval of the Illinois Workers' Compensation Commission, the
employer shall maintain a list of physicians, to be known as a
Panel of Physicians, who are accessible to the employees. The
employer shall post this list in a place or places easily
accessible to his employees. The employee shall have the right
to make an alternative choice of physician from such Panel if
he is not satisfied with the physician first selected. If, due
to the nature of the injury or its occurrence away from the
employer's place of business, the employee is unable to make a
selection from the Panel, the selection process from the Panel
shall not apply. The physician selected from the Panel may
arrange for any consultation, referral or other specialized
medical services outside the Panel at the employer's expense.

Provided that, in the event the Commission shall find that a
doctor selected by the employee is rendering improper or
inadequate care, the Commission may order the employee to
select another doctor certified or qualified in the medical
field for which treatment is required. If the employee refuses
to make such change the Commission may relieve the employer of
his obligation to pay the doctor's charges from the date of
refusal to the date of compliance.
Any vocational rehabilitation counselors who provide
service under this Act shall have appropriate certifications
which designate the counselor as qualified to render opinions
relating to vocational rehabilitation. Vocational
rehabilitation may include, but is not limited to, counseling
for job searches, supervising a job search program, and
vocational retraining including education at an accredited
learning institution. The employee or employer may petition to
the Commission to decide disputes relating to vocational
rehabilitation and the Commission shall resolve any such
dispute, including payment of the vocational rehabilitation
program by the employer.
The maintenance benefit shall not be less than the
temporary total disability rate determined for the employee. In
addition, maintenance shall include costs and expenses
incidental to the vocational rehabilitation program.
When the employee is working light duty on a part-time
basis or full-time basis and earns less than he or she would be

earning if employed in the full capacity of the job or jobs,
then the employee shall be entitled to temporary partial
disability benefits. Temporary partial disability benefits
shall be equal to two-thirds of the difference between the
average amount that the employee would be able to earn in the
full performance of his or her duties in the occupation in
which he or she was engaged at the time of accident and the
gross amount which he or she is earning in the modified job
provided to the employee by the employer or in any other job
that the employee is working.
Every hospital, physician, surgeon or other person
rendering treatment or services in accordance with the
provisions of this Section shall upon written request furnish
full and complete reports thereof to, and permit their records
to be copied by, the employer, the employee or his dependents,
as the case may be, or any other party to any proceeding for
compensation before the Commission, or their attorneys.
Notwithstanding the foregoing, the employer's liability to
pay for such medical services selected by the employee shall be
limited to:
(1) all first aid and emergency treatment; plus
(2) all medical, surgical and hospital services
provided by the physician, surgeon or hospital initially
chosen by the employee or by any other physician,
consultant, expert, institution or other provider of
services recommended by said initial service provider or

any subsequent provider of medical services in the chain of
referrals from said initial service provider; plus
(3) all medical, surgical and hospital services
provided by any second physician, surgeon or hospital
subsequently chosen by the employee or by any other
physician, consultant, expert, institution or other
provider of services recommended by said second service
provider or any subsequent provider of medical services in
the chain of referrals from said second service provider.
Thereafter the employer shall select and pay for all
necessary medical, surgical and hospital treatment and the
employee may not select a provider of medical services at
the employer's expense unless the employer agrees to such
selection. At any time the employee may obtain any medical
treatment he desires at his own expense. This paragraph
shall not affect the duty to pay for rehabilitation
referred to above.
(4) The following shall apply for injuries occurring on
or after June 28, 2011 (the effective date of Public Act
97-18) this amendatory Act of the 97th General Assembly and
only when an employer has an approved preferred provider
program pursuant to Section 8.1a on the date the employee
sustained his or her accidental injuries:
(A) The employer shall, in writing, on a form
promulgated by the Commission, inform the employee of
the preferred provider program;

(B) Subsequent to the report of an injury by an
employee, the employee may choose in writing at any
time to decline the preferred provider program, in
which case that would constitute one of the two choices
of medical providers to which the employee is entitled
under subsection (a)(2) or (a)(3); and
(C) Prior to the report of an injury by an
employee, when an employee chooses non-emergency
treatment from a provider not within the preferred
provider program, that would constitute the employee's
one choice of medical providers to which the employee
is entitled under subsection (a)(2) or (a)(3).
When an employer and employee so agree in writing, nothing
in this Act prevents an employee whose injury or disability has
been established under this Act, from relying in good faith, on
treatment by prayer or spiritual means alone, in accordance
with the tenets and practice of a recognized church or
religious denomination, by a duly accredited practitioner
thereof, and having nursing services appropriate therewith,
without suffering loss or diminution of the compensation
benefits under this Act. However, the employee shall submit to
all physical examinations required by this Act. The cost of
such treatment and nursing care shall be paid by the employee
unless the employer agrees to make such payment.
Where the accidental injury results in the amputation of an
arm, hand, leg or foot, or the enucleation of an eye, or the

loss of any of the natural teeth, the employer shall furnish an
artificial of any such members lost or damaged in accidental
injury arising out of and in the course of employment, and
shall also furnish the necessary braces in all proper and
necessary cases. In cases of the loss of a member or members by
amputation, the employer shall, whenever necessary, maintain
in good repair, refit or replace the artificial limbs during
the lifetime of the employee. Where the accidental injury
accompanied by physical injury results in damage to a denture,
eye glasses or contact eye lenses, or where the accidental
injury results in damage to an artificial member, the employer
shall replace or repair such denture, glasses, lenses, or
artificial member.
The furnishing by the employer of any such services or
appliances is not an admission of liability on the part of the
employer to pay compensation.
The furnishing of any such services or appliances or the
servicing thereof by the employer is not the payment of
compensation.
(b) If the period of temporary total incapacity for work
lasts more than 3 working days, weekly compensation as
hereinafter provided shall be paid beginning on the 4th day of
such temporary total incapacity and continuing as long as the
total temporary incapacity lasts. In cases where the temporary
total incapacity for work continues for a period of 14 days or
more from the day of the accident compensation shall commence

on the day after the accident.
1. The compensation rate for temporary total
incapacity under this paragraph (b) of this Section shall
be equal to 66 2/3% of the employee's average weekly wage
computed in accordance with Section 10, provided that it
shall be not less than 66 2/3% of the sum of the Federal
minimum wage under the Fair Labor Standards Act, or the
Illinois minimum wage under the Minimum Wage Law, whichever
is more, multiplied by 40 hours. This percentage rate shall
be increased by 10% for each spouse and child, not to
exceed 100% of the total minimum wage calculation,
nor exceed the employee's average weekly wage computed in
accordance with the provisions of Section 10, whichever is
less.
2. The compensation rate in all cases other than for
temporary total disability under this paragraph (b), and
other than for serious and permanent disfigurement under
paragraph (c) and other than for permanent partial
disability under subparagraph (2) of paragraph (d) or under
paragraph (e), of this Section shall be equal to 66 2/3% of
the employee's average weekly wage computed in accordance
with the provisions of Section 10, provided that it shall
be not less than 66 2/3% of the sum of the Federal minimum
wage under the Fair Labor Standards Act, or the Illinois
minimum wage under the Minimum Wage Law, whichever is more,
multiplied by 40 hours. This percentage rate shall be

increased by 10% for each spouse and child, not to exceed
100% of the total minimum wage calculation,
nor exceed the employee's average weekly wage computed in
accordance with the provisions of Section 10, whichever is
less.
2.1. The compensation rate in all cases of serious and
permanent disfigurement under paragraph (c) and of
permanent partial disability under subparagraph (2) of
paragraph (d) or under paragraph (e) of this Section shall
be equal to 60% of the employee's average weekly wage
computed in accordance with the provisions of Section 10,
provided that it shall be not less than 66 2/3% of the sum
of the Federal minimum wage under the Fair Labor Standards
Act, or the Illinois minimum wage under the Minimum Wage
Law, whichever is more, multiplied by 40 hours. This
percentage rate shall be increased by 10% for each spouse
and child, not to exceed 100% of the total minimum wage
calculation,
nor exceed the employee's average weekly wage computed in
accordance with the provisions of Section 10, whichever is
less.
3. As used in this Section the term "child" means a
child of the employee including any child legally adopted
before the accident or whom at the time of the accident the
employee was under legal obligation to support or to whom
the employee stood in loco parentis, and who at the time of

the accident was under 18 years of age and not emancipated.
The term "children" means the plural of "child".
4. All weekly compensation rates provided under
subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
Section shall be subject to the following limitations:
The maximum weekly compensation rate from July 1, 1975,
except as hereinafter provided, shall be 100% of the
State's average weekly wage in covered industries under the
Unemployment Insurance Act, that being the wage that most
closely approximates the State's average weekly wage.
The maximum weekly compensation rate, for the period
July 1, 1984, through June 30, 1987, except as hereinafter
provided, shall be $293.61. Effective July 1, 1987 and on
July 1 of each year thereafter the maximum weekly
compensation rate, except as hereinafter provided, shall
be determined as follows: if during the preceding 12 month
period there shall have been an increase in the State's
average weekly wage in covered industries under the
Unemployment Insurance Act, the weekly compensation rate
shall be proportionately increased by the same percentage
as the percentage of increase in the State's average weekly
wage in covered industries under the Unemployment
Insurance Act during such period.
The maximum weekly compensation rate, for the period
January 1, 1981 through December 31, 1983, except as
hereinafter provided, shall be 100% of the State's average

weekly wage in covered industries under the Unemployment
Insurance Act in effect on January 1, 1981. Effective
January 1, 1984 and on January 1, of each year thereafter
the maximum weekly compensation rate, except as
hereinafter provided, shall be determined as follows: if
during the preceding 12 month period there shall have been
an increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act, the
weekly compensation rate shall be proportionately
increased by the same percentage as the percentage of
increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act during
such period.
From July 1, 1977 and thereafter such maximum weekly
compensation rate in death cases under Section 7, and
permanent total disability cases under paragraph (f) or
subparagraph 18 of paragraph (3) of this Section and for
temporary total disability under paragraph (b) of this
Section and for amputation of a member or enucleation of an
eye under paragraph (e) of this Section shall be increased
to 133-1/3% of the State's average weekly wage in covered
industries under the Unemployment Insurance Act.
For injuries occurring on or after February 1, 2006,
the maximum weekly benefit under paragraph (d)1 of this
Section shall be 100% of the State's average weekly wage in
covered industries under the Unemployment Insurance Act.

4.1. Any provision herein to the contrary
notwithstanding, the weekly compensation rate for
compensation payments under subparagraph 18 of paragraph
(e) of this Section and under paragraph (f) of this Section
and under paragraph (a) of Section 7 and for amputation of
a member or enucleation of an eye under paragraph (e) of
this Section, shall in no event be less than 50% of the
State's average weekly wage in covered industries under the
Unemployment Insurance Act.
4.2. Any provision to the contrary notwithstanding,
the total compensation payable under Section 7 shall not
exceed the greater of $500,000 or 25 years.
5. For the purpose of this Section this State's average
weekly wage in covered industries under the Unemployment
Insurance Act on July 1, 1975 is hereby fixed at $228.16
per week and the computation of compensation rates shall be
based on the aforesaid average weekly wage until modified
as hereinafter provided.
6. The Department of Employment Security of the State
shall on or before the first day of December, 1977, and on
or before the first day of June, 1978, and on the first day
of each December and June of each year thereafter, publish
the State's average weekly wage in covered industries under
the Unemployment Insurance Act and the Illinois Workers'
Compensation Commission shall on the 15th day of January,
1978 and on the 15th day of July, 1978 and on the 15th day

of each January and July of each year thereafter, post and
publish the State's average weekly wage in covered
industries under the Unemployment Insurance Act as last
determined and published by the Department of Employment
Security. The amount when so posted and published shall be
conclusive and shall be applicable as the basis of
computation of compensation rates until the next posting
and publication as aforesaid.
7. The payment of compensation by an employer or his
insurance carrier to an injured employee shall not
constitute an admission of the employer's liability to pay
compensation.
(c) For any serious and permanent disfigurement to the
hand, head, face, neck, arm, leg below the knee or the chest
above the axillary line, the employee is entitled to
compensation for such disfigurement, the amount determined by
agreement at any time or by arbitration under this Act, at a
hearing not less than 6 months after the date of the accidental
injury, which amount shall not exceed 150 weeks (if the
accidental injury occurs on or after the effective date of this
amendatory Act of the 94th General Assembly but before February
1, 2006) or 162 weeks (if the accidental injury occurs on or
after February 1, 2006) at the applicable rate provided in
subparagraph 2.1 of paragraph (b) of this Section.
No compensation is payable under this paragraph where
compensation is payable under paragraphs (d), (e) or (f) of

this Section.
A duly appointed member of a fire department in a city, the
population of which exceeds 500,000 according to the last
federal or State census, is eligible for compensation under
this paragraph only where such serious and permanent
disfigurement results from burns.
(d) 1. If, after the accidental injury has been sustained,
the employee as a result thereof becomes partially
incapacitated from pursuing his usual and customary line of
employment, he shall, except in cases compensated under the
specific schedule set forth in paragraph (e) of this Section,
receive compensation for the duration of his disability,
subject to the limitations as to maximum amounts fixed in
paragraph (b) of this Section, equal to 66-2/3% of the
difference between the average amount which he would be able to
earn in the full performance of his duties in the occupation in
which he was engaged at the time of the accident and the
average amount which he is earning or is able to earn in some
suitable employment or business after the accident. For
accidental injuries that occur on or after September 1, 2011,
an award for wage differential under this subsection shall be
effective only until the employee reaches the age of 67 or 5
years from the date the award becomes final, whichever is
later.
2. If, as a result of the accident, the employee sustains
serious and permanent injuries not covered by paragraphs (c)

and (e) of this Section or having sustained injuries covered by
the aforesaid paragraphs (c) and (e), he shall have sustained
in addition thereto other injuries which injuries do not
incapacitate him from pursuing the duties of his employment but
which would disable him from pursuing other suitable
occupations, or which have otherwise resulted in physical
impairment; or if such injuries partially incapacitate him from
pursuing the duties of his usual and customary line of
employment but do not result in an impairment of earning
capacity, or having resulted in an impairment of earning
capacity, the employee elects to waive his right to recover
under the foregoing subparagraph 1 of paragraph (d) of this
Section then in any of the foregoing events, he shall receive
in addition to compensation for temporary total disability
under paragraph (b) of this Section, compensation at the rate
provided in subparagraph 2.1 of paragraph (b) of this Section
for that percentage of 500 weeks that the partial disability
resulting from the injuries covered by this paragraph bears to
total disability. If the employee shall have sustained a
fracture of one or more vertebra or fracture of the skull, the
amount of compensation allowed under this Section shall be not
less than 6 weeks for a fractured skull and 6 weeks for each
fractured vertebra, and in the event the employee shall have
sustained a fracture of any of the following facial bones:
nasal, lachrymal, vomer, zygoma, maxilla, palatine or
mandible, the amount of compensation allowed under this Section

shall be not less than 2 weeks for each such fractured bone,
and for a fracture of each transverse process not less than 3
weeks. In the event such injuries shall result in the loss of a
kidney, spleen or lung, the amount of compensation allowed
under this Section shall be not less than 10 weeks for each
such organ. Compensation awarded under this subparagraph 2
shall not take into consideration injuries covered under
paragraphs (c) and (e) of this Section and the compensation
provided in this paragraph shall not affect the employee's
right to compensation payable under paragraphs (b), (c) and (e)
of this Section for the disabilities therein covered.
(e) For accidental injuries in the following schedule, the
employee shall receive compensation for the period of temporary
total incapacity for work resulting from such accidental
injury, under subparagraph 1 of paragraph (b) of this Section,
and shall receive in addition thereto compensation for a
further period for the specific loss herein mentioned, but
shall not receive any compensation under any other provisions
of this Act. The following listed amounts apply to either the
loss of or the permanent and complete loss of use of the member
specified, such compensation for the length of time as follows:
1. Thumb-
70 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
76 weeks if the accidental injury occurs on or

after February 1, 2006.
2. First, or index finger-
40 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
43 weeks if the accidental injury occurs on or
after February 1, 2006.
3. Second, or middle finger-
35 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
38 weeks if the accidental injury occurs on or
after February 1, 2006.
4. Third, or ring finger-
25 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
27 weeks if the accidental injury occurs on or
after February 1, 2006.
5. Fourth, or little finger-
20 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
22 weeks if the accidental injury occurs on or
after February 1, 2006.
6. Great toe-

35 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
38 weeks if the accidental injury occurs on or
after February 1, 2006.
7. Each toe other than great toe-
12 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
13 weeks if the accidental injury occurs on or
after February 1, 2006.
8. The loss of the first or distal phalanx of the thumb
or of any finger or toe shall be considered to be equal to
the loss of one-half of such thumb, finger or toe and the
compensation payable shall be one-half of the amount above
specified. The loss of more than one phalanx shall be
considered as the loss of the entire thumb, finger or toe.
In no case shall the amount received for more than one
finger exceed the amount provided in this schedule for the
loss of a hand.
9. Hand-
190 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
205 weeks if the accidental injury occurs on or
after February 1, 2006.

190 weeks if the accidental injury occurs on or
after June 28, 2011 (the effective date of Public Act
97-18) this amendatory Act of the 97th General Assembly
and if the accidental injury involves carpal tunnel
syndrome due to repetitive or cumulative trauma, in
which case the permanent partial disability shall not
exceed 15% loss of use of the hand, except for cause
shown by clear and convincing evidence and in which
case the award shall not exceed 30% loss of use of the
hand.
The loss of 2 or more digits, or one or more phalanges
of 2 or more digits, of a hand may be compensated on the
basis of partial loss of use of a hand, provided, further,
that the loss of 4 digits, or the loss of use of 4 digits,
in the same hand shall constitute the complete loss of a
hand.
10. Arm-
235 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
253 weeks if the accidental injury occurs on or
after February 1, 2006.
Where an accidental injury results in the amputation of
an arm below the elbow, such injury shall be compensated as
a loss of an arm. Where an accidental injury results in the
amputation of an arm above the elbow, compensation for an

additional 15 weeks (if the accidental injury occurs on or
after the effective date of this amendatory Act of the 94th
General Assembly but before February 1, 2006) or an
additional 17 weeks (if the accidental injury occurs on or
after February 1, 2006) shall be paid, except where the
accidental injury results in the amputation of an arm at
the shoulder joint, or so close to shoulder joint that an
artificial arm cannot be used, or results in the
disarticulation of an arm at the shoulder joint, in which
case compensation for an additional 65 weeks (if the
accidental injury occurs on or after the effective date of
this amendatory Act of the 94th General Assembly but before
February 1, 2006) or an additional 70 weeks (if the
accidental injury occurs on or after February 1, 2006)
shall be paid.
11. Foot-
155 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
167 weeks if the accidental injury occurs on or
after February 1, 2006.
12. Leg-
200 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
215 weeks if the accidental injury occurs on or

after February 1, 2006.
Where an accidental injury results in the amputation of
a leg below the knee, such injury shall be compensated as
loss of a leg. Where an accidental injury results in the
amputation of a leg above the knee, compensation for an
additional 25 weeks (if the accidental injury occurs on or
after the effective date of this amendatory Act of the 94th
General Assembly but before February 1, 2006) or an
additional 27 weeks (if the accidental injury occurs on or
after February 1, 2006) shall be paid, except where the
accidental injury results in the amputation of a leg at the
hip joint, or so close to the hip joint that an artificial
leg cannot be used, or results in the disarticulation of a
leg at the hip joint, in which case compensation for an
additional 75 weeks (if the accidental injury occurs on or
after the effective date of this amendatory Act of the 94th
General Assembly but before February 1, 2006) or an
additional 81 weeks (if the accidental injury occurs on or
after February 1, 2006) shall be paid.
13. Eye-
150 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
162 weeks if the accidental injury occurs on or
after February 1, 2006.
Where an accidental injury results in the enucleation

of an eye, compensation for an additional 10 weeks (if the
accidental injury occurs on or after the effective date of
this amendatory Act of the 94th General Assembly but before
February 1, 2006) or an additional 11 weeks (if the
accidental injury occurs on or after February 1, 2006)
shall be paid.
14. Loss of hearing of one ear-
50 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
54 weeks if the accidental injury occurs on or
after February 1, 2006.
Total and permanent loss of hearing of both ears-
200 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
215 weeks if the accidental injury occurs on or
after February 1, 2006.
15. Testicle-
50 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
54 weeks if the accidental injury occurs on or
after February 1, 2006.
Both testicles-
150 weeks if the accidental injury occurs on or

after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
162 weeks if the accidental injury occurs on or
after February 1, 2006.
16. For the permanent partial loss of use of a member
or sight of an eye, or hearing of an ear, compensation
during that proportion of the number of weeks in the
foregoing schedule provided for the loss of such member or
sight of an eye, or hearing of an ear, which the partial
loss of use thereof bears to the total loss of use of such
member, or sight of eye, or hearing of an ear.
(a) Loss of hearing for compensation purposes
shall be confined to the frequencies of 1,000, 2,000
and 3,000 cycles per second. Loss of hearing ability
for frequency tones above 3,000 cycles per second are
not to be considered as constituting disability for
hearing.
(b) The percent of hearing loss, for purposes of
the determination of compensation claims for
occupational deafness, shall be calculated as the
average in decibels for the thresholds of hearing for
the frequencies of 1,000, 2,000 and 3,000 cycles per
second. Pure tone air conduction audiometric
instruments, approved by nationally recognized
authorities in this field, shall be used for measuring
hearing loss. If the losses of hearing average 30

decibels or less in the 3 frequencies, such losses of
hearing shall not then constitute any compensable
hearing disability. If the losses of hearing average 85
decibels or more in the 3 frequencies, then the same
shall constitute and be total or 100% compensable
hearing loss.
(c) In measuring hearing impairment, the lowest
measured losses in each of the 3 frequencies shall be
added together and divided by 3 to determine the
average decibel loss. For every decibel of loss
exceeding 30 decibels an allowance of 1.82% shall be
made up to the maximum of 100% which is reached at 85
decibels.
(d) If a hearing loss is established to have
existed on July 1, 1975 by audiometric testing the
employer shall not be liable for the previous loss so
established nor shall he be liable for any loss for
which compensation has been paid or awarded.
(e) No consideration shall be given to the question
of whether or not the ability of an employee to
understand speech is improved by the use of a hearing
aid.
(f) No claim for loss of hearing due to industrial
noise shall be brought against an employer or allowed
unless the employee has been exposed for a period of
time sufficient to cause permanent impairment to noise

levels in excess of the following:
Sound Level DBA
Slow Response Hours Per Day
90 8
92 6
95 4
97 3
100 2
102 1-1/2
105 1
110 1/2
115 1/4
This subparagraph (f) shall not be applied in cases of
hearing loss resulting from trauma or explosion.
17. In computing the compensation to be paid to any
employee who, before the accident for which he claims
compensation, had before that time sustained an injury
resulting in the loss by amputation or partial loss by
amputation of any member, including hand, arm, thumb or
fingers, leg, foot or any toes, such loss or partial loss
of any such member shall be deducted from any award made
for the subsequent injury. For the permanent loss of use or
the permanent partial loss of use of any such member or the
partial loss of sight of an eye, for which compensation has
been paid, then such loss shall be taken into consideration
and deducted from any award for the subsequent injury.

18. The specific case of loss of both hands, both arms,
or both feet, or both legs, or both eyes, or of any two
thereof, or the permanent and complete loss of the use
thereof, constitutes total and permanent disability, to be
compensated according to the compensation fixed by
paragraph (f) of this Section. These specific cases of
total and permanent disability do not exclude other cases.
Any employee who has previously suffered the loss or
permanent and complete loss of the use of any of such
members, and in a subsequent independent accident loses
another or suffers the permanent and complete loss of the
use of any one of such members the employer for whom the
injured employee is working at the time of the last
independent accident is liable to pay compensation only for
the loss or permanent and complete loss of the use of the
member occasioned by the last independent accident.
19. In a case of specific loss and the subsequent death
of such injured employee from other causes than such injury
leaving a widow, widower, or dependents surviving before
payment or payment in full for such injury, then the amount
due for such injury is payable to the widow or widower and,
if there be no widow or widower, then to such dependents,
in the proportion which such dependency bears to total
dependency.
Beginning July 1, 1980, and every 6 months thereafter, the
Commission shall examine the Second Injury Fund and when, after

deducting all advances or loans made to such Fund, the amount
therein is $500,000 then the amount required to be paid by
employers pursuant to paragraph (f) of Section 7 shall be
reduced by one-half. When the Second Injury Fund reaches the
sum of $600,000 then the payments shall cease entirely.
However, when the Second Injury Fund has been reduced to
$400,000, payment of one-half of the amounts required by
paragraph (f) of Section 7 shall be resumed, in the manner
herein provided, and when the Second Injury Fund has been
reduced to $300,000, payment of the full amounts required by
paragraph (f) of Section 7 shall be resumed, in the manner
herein provided. The Commission shall make the changes in
payment effective by general order, and the changes in payment
become immediately effective for all cases coming before the
Commission thereafter either by settlement agreement or final
order, irrespective of the date of the accidental injury.
On August 1, 1996 and on February 1 and August 1 of each
subsequent year, the Commission shall examine the special fund
designated as the "Rate Adjustment Fund" and when, after
deducting all advances or loans made to said fund, the amount
therein is $4,000,000, the amount required to be paid by
employers pursuant to paragraph (f) of Section 7 shall be
reduced by one-half. When the Rate Adjustment Fund reaches the
sum of $5,000,000 the payment therein shall cease entirely.
However, when said Rate Adjustment Fund has been reduced to
$3,000,000 the amounts required by paragraph (f) of Section 7

shall be resumed in the manner herein provided.
(f) In case of complete disability, which renders the
employee wholly and permanently incapable of work, or in the
specific case of total and permanent disability as provided in
subparagraph 18 of paragraph (e) of this Section, compensation
shall be payable at the rate provided in subparagraph 2 of
paragraph (b) of this Section for life.
An employee entitled to benefits under paragraph (f) of
this Section shall also be entitled to receive from the Rate
Adjustment Fund provided in paragraph (f) of Section 7 of the
supplementary benefits provided in paragraph (g) of this
Section 8.
If any employee who receives an award under this paragraph
afterwards returns to work or is able to do so, and earns or is
able to earn as much as before the accident, payments under
such award shall cease. If such employee returns to work, or is
able to do so, and earns or is able to earn part but not as much
as before the accident, such award shall be modified so as to
conform to an award under paragraph (d) of this Section. If
such award is terminated or reduced under the provisions of
this paragraph, such employees have the right at any time
within 30 months after the date of such termination or
reduction to file petition with the Commission for the purpose
of determining whether any disability exists as a result of the
original accidental injury and the extent thereof.
Disability as enumerated in subdivision 18, paragraph (e)

of this Section is considered complete disability.
If an employee who had previously incurred loss or the
permanent and complete loss of use of one member, through the
loss or the permanent and complete loss of the use of one hand,
one arm, one foot, one leg, or one eye, incurs permanent and
complete disability through the loss or the permanent and
complete loss of the use of another member, he shall receive,
in addition to the compensation payable by the employer and
after such payments have ceased, an amount from the Second
Injury Fund provided for in paragraph (f) of Section 7, which,
together with the compensation payable from the employer in
whose employ he was when the last accidental injury was
incurred, will equal the amount payable for permanent and
complete disability as provided in this paragraph of this
Section.
The custodian of the Second Injury Fund provided for in
paragraph (f) of Section 7 shall be joined with the employer as
a party respondent in the application for adjustment of claim.
The application for adjustment of claim shall state briefly and
in general terms the approximate time and place and manner of
the loss of the first member.
In its award the Commission or the Arbitrator shall
specifically find the amount the injured employee shall be
weekly paid, the number of weeks compensation which shall be
paid by the employer, the date upon which payments begin out of
the Second Injury Fund provided for in paragraph (f) of Section

7 of this Act, the length of time the weekly payments continue,
the date upon which the pension payments commence and the
monthly amount of the payments. The Commission shall 30 days
after the date upon which payments out of the Second Injury
Fund have begun as provided in the award, and every month
thereafter, prepare and submit to the State Comptroller a
voucher for payment for all compensation accrued to that date
at the rate fixed by the Commission. The State Comptroller
shall draw a warrant to the injured employee along with a
receipt to be executed by the injured employee and returned to
the Commission. The endorsed warrant and receipt is a full and
complete acquittance to the Commission for the payment out of
the Second Injury Fund. No other appropriation or warrant is
necessary for payment out of the Second Injury Fund. The Second
Injury Fund is appropriated for the purpose of making payments
according to the terms of the awards.
As of July 1, 1980 to July 1, 1982, all claims against and
obligations of the Second Injury Fund shall become claims
against and obligations of the Rate Adjustment Fund to the
extent there is insufficient money in the Second Injury Fund to
pay such claims and obligations. In that case, all references
to "Second Injury Fund" in this Section shall also include the
Rate Adjustment Fund.
(g) Every award for permanent total disability entered by
the Commission on and after July 1, 1965 under which
compensation payments shall become due and payable after the

effective date of this amendatory Act, and every award for
death benefits or permanent total disability entered by the
Commission on and after the effective date of this amendatory
Act shall be subject to annual adjustments as to the amount of
the compensation rate therein provided. Such adjustments shall
first be made on July 15, 1977, and all awards made and entered
prior to July 1, 1975 and on July 15 of each year thereafter.
In all other cases such adjustment shall be made on July 15 of
the second year next following the date of the entry of the
award and shall further be made on July 15 annually thereafter.
If during the intervening period from the date of the entry of
the award, or the last periodic adjustment, there shall have
been an increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act, the weekly
compensation rate shall be proportionately increased by the
same percentage as the percentage of increase in the State's
average weekly wage in covered industries under the
Unemployment Insurance Act. The increase in the compensation
rate under this paragraph shall in no event bring the total
compensation rate to an amount greater than the prevailing
maximum rate at the time that the annual adjustment is made.
Such increase shall be paid in the same manner as herein
provided for payments under the Second Injury Fund to the
injured employee, or his dependents, as the case may be, out of
the Rate Adjustment Fund provided in paragraph (f) of Section 7
of this Act. Payments shall be made at the same intervals as

provided in the award or, at the option of the Commission, may
be made in quarterly payment on the 15th day of January, April,
July and October of each year. In the event of a decrease in
such average weekly wage there shall be no change in the then
existing compensation rate. The within paragraph shall not
apply to cases where there is disputed liability and in which a
compromise lump sum settlement between the employer and the
injured employee, or his dependents, as the case may be, has
been duly approved by the Illinois Workers' Compensation
Commission.
Provided, that in cases of awards entered by the Commission
for injuries occurring before July 1, 1975, the increases in
the compensation rate adjusted under the foregoing provision of
this paragraph (g) shall be limited to increases in the State's
average weekly wage in covered industries under the
Unemployment Insurance Act occurring after July 1, 1975.
For every accident occurring on or after July 20, 2005 but
before the effective date of this amendatory Act of the 94th
General Assembly (Senate Bill 1283 of the 94th General
Assembly), the annual adjustments to the compensation rate in
awards for death benefits or permanent total disability, as
provided in this Act, shall be paid by the employer. The
adjustment shall be made by the employer on July 15 of the
second year next following the date of the entry of the award
and shall further be made on July 15 annually thereafter. If
during the intervening period from the date of the entry of the

award, or the last periodic adjustment, there shall have been
an increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act, the employer
shall increase the weekly compensation rate proportionately by
the same percentage as the percentage of increase in the
State's average weekly wage in covered industries under the
Unemployment Insurance Act. The increase in the compensation
rate under this paragraph shall in no event bring the total
compensation rate to an amount greater than the prevailing
maximum rate at the time that the annual adjustment is made. In
the event of a decrease in such average weekly wage there shall
be no change in the then existing compensation rate. Such
increase shall be paid by the employer in the same manner and
at the same intervals as the payment of compensation in the
award. This paragraph shall not apply to cases where there is
disputed liability and in which a compromise lump sum
settlement between the employer and the injured employee, or
his or her dependents, as the case may be, has been duly
approved by the Illinois Workers' Compensation Commission.
The annual adjustments for every award of death benefits or
permanent total disability involving accidents occurring
before July 20, 2005 and accidents occurring on or after the
effective date of this amendatory Act of the 94th General
Assembly (Senate Bill 1283 of the 94th General Assembly) shall
continue to be paid from the Rate Adjustment Fund pursuant to
this paragraph and Section 7(f) of this Act.

(h) In case death occurs from any cause before the total
compensation to which the employee would have been entitled has
been paid, then in case the employee leaves any widow, widower,
child, parent (or any grandchild, grandparent or other lineal
heir or any collateral heir dependent at the time of the
accident upon the earnings of the employee to the extent of 50%
or more of total dependency) such compensation shall be paid to
the beneficiaries of the deceased employee and distributed as
provided in paragraph (g) of Section 7.
(h-1) In case an injured employee is under legal disability
at the time when any right or privilege accrues to him or her
under this Act, a guardian may be appointed pursuant to law,
and may, on behalf of such person under legal disability, claim
and exercise any such right or privilege with the same effect
as if the employee himself or herself had claimed or exercised
the right or privilege. No limitations of time provided by this
Act run so long as the employee who is under legal disability
is without a conservator or guardian.
(i) In case the injured employee is under 16 years of age
at the time of the accident and is illegally employed, the
amount of compensation payable under paragraphs (b), (c), (d),
(e) and (f) of this Section is increased 50%.
However, where an employer has on file an employment
certificate issued pursuant to the Child Labor Law or work
permit issued pursuant to the Federal Fair Labor Standards Act,
as amended, or a birth certificate properly and duly issued,

such certificate, permit or birth certificate is conclusive
evidence as to the age of the injured minor employee for the
purposes of this Section.
Nothing herein contained repeals or amends the provisions
of the Child Labor Law relating to the employment of minors
under the age of 16 years.
(j) 1. In the event the injured employee receives benefits,
including medical, surgical or hospital benefits under any
group plan covering non-occupational disabilities contributed
to wholly or partially by the employer, which benefits should
not have been payable if any rights of recovery existed under
this Act, then such amounts so paid to the employee from any
such group plan as shall be consistent with, and limited to,
the provisions of paragraph 2 hereof, shall be credited to or
against any compensation payment for temporary total
incapacity for work or any medical, surgical or hospital
benefits made or to be made under this Act. In such event, the
period of time for giving notice of accidental injury and
filing application for adjustment of claim does not commence to
run until the termination of such payments. This paragraph does
not apply to payments made under any group plan which would
have been payable irrespective of an accidental injury under
this Act. Any employer receiving such credit shall keep such
employee safe and harmless from any and all claims or
liabilities that may be made against him by reason of having
received such payments only to the extent of such credit.

Any excess benefits paid to or on behalf of a State
employee by the State Employees' Retirement System under
Article 14 of the Illinois Pension Code on a death claim or
disputed disability claim shall be credited against any
payments made or to be made by the State of Illinois to or on
behalf of such employee under this Act, except for payments for
medical expenses which have already been incurred at the time
of the award. The State of Illinois shall directly reimburse
the State Employees' Retirement System to the extent of such
credit.
2. Nothing contained in this Act shall be construed to give
the employer or the insurance carrier the right to credit for
any benefits or payments received by the employee other than
compensation payments provided by this Act, and where the
employee receives payments other than compensation payments,
whether as full or partial salary, group insurance benefits,
bonuses, annuities or any other payments, the employer or
insurance carrier shall receive credit for each such payment
only to the extent of the compensation that would have been
payable during the period covered by such payment.
3. The extension of time for the filing of an Application
for Adjustment of Claim as provided in paragraph 1 above shall
not apply to those cases where the time for such filing had
expired prior to the date on which payments or benefits
enumerated herein have been initiated or resumed. Provided
however that this paragraph 3 shall apply only to cases wherein

the payments or benefits hereinabove enumerated shall be
received after July 1, 1969.
(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; revised
9-15-11.)
(820 ILCS 305/11) (from Ch. 48, par. 138.11)
Sec. 11. The compensation herein provided, together with
the provisions of this Act, shall be the measure of the
responsibility of any employer engaged in any of the
enterprises or businesses enumerated in Section 3 of this Act,
or of any employer who is not engaged in any such enterprises
or businesses, but who has elected to provide and pay
compensation for accidental injuries sustained by any employee
arising out of and in the course of the employment according to
the provisions of this Act, and whose election to continue
under this Act, has not been nullified by any action of his
employees as provided for in this Act.
Accidental injuries incurred while participating in
voluntary recreational programs including but not limited to
athletic events, parties and picnics do not arise out of and in
the course of the employment even though the employer pays some
or all of the cost thereof. This exclusion shall not apply in
the event that the injured employee was ordered or assigned by
his employer to participate in the program.
Notwithstanding any other defense, accidental injuries
incurred while the employee is engaged in the active commission

of and as a proximate result of the active commission of (a) a
forcible felony, (b) aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, or (c) reckless homicide
and for which the employee was convicted do not arise out of
and in the course of employment if the commission of that
forcible felony, aggravated driving under the influence, or
reckless homicide caused an accident resulting in the death or
severe injury of another person. If an employee is acquitted of
a forcible felony, aggravated driving under the influence, or
reckless homicide that caused an accident resulting in the
death or severe injury of another person or if these charges
are dismissed, there shall be no presumption that the employee
is eligible for benefits under this Act. No employee shall be
entitled to additional compensation under Sections 19(k) or
19(l) of this Act or attorney's fees under Section 16 of this
Act when the employee has been charged with a forcible felony,
aggravated driving under the influence, or reckless homicide
that caused an accident resulting in the death or severe injury
of another person and the employer terminates benefits or
refuses to pay benefits to the employee until the termination
of any pending criminal proceedings.
Accidental injuries incurred while participating as a
patient in a drug or alcohol rehabilitation program do not
arise out of and in the course of employment even though the
employer pays some or all of the costs thereof.

Any injury to or disease or death of an employee arising
from the administration of a vaccine, including without
limitation smallpox vaccine, to prepare for, or as a response
to, a threatened or potential bioterrorist incident to the
employee as part of a voluntary inoculation program in
connection with the person's employment or in connection with
any governmental program or recommendation for the inoculation
of workers in the employee's occupation, geographical area, or
other category that includes the employee is deemed to arise
out of and in the course of the employment for all purposes
under this Act. This paragraph added by this amendatory Act of
the 93rd General Assembly is declarative of existing law and is
not a new enactment.
No compensation shall be payable if (i) the employee's
intoxication is the proximate cause of the employee's
accidental injury or (ii) at the time the employee incurred the
accidental injury, the employee was so intoxicated that the
intoxication constituted a departure from the employment.
Admissible evidence of the concentration of (1) alcohol, (2)
cannabis as defined in the Cannabis Control Act, (3) a
controlled substance listed in the Illinois Controlled
Substances Act, or (4) an intoxicating compound listed in the
Use of Intoxicating Compounds Act in the employee's blood,
breath, or urine at the time the employee incurred the
accidental injury shall be considered in any hearing under this
Act to determine whether the employee was intoxicated at the

time the employee incurred the accidental injuries. If at the
time of the accidental injuries, there was 0.08% or more by
weight of alcohol in the employee's blood, breath, or urine or
if there is any evidence of impairment due to the unlawful or
unauthorized use of (1) cannabis as defined in the Cannabis
Control Act, (2) a controlled substance listed in the Illinois
Controlled Substances Act, or (3) an intoxicating compound
listed in the Use of Intoxicating Compounds Act or if the
employee refuses to submit to testing of blood, breath, or
urine, then there shall be a rebuttable presumption that the
employee was intoxicated and that the intoxication was the
proximate cause of the employee's injury. The employee may
overcome the rebuttable presumption by the preponderance of the
admissible evidence that the intoxication was not the sole
proximate cause or proximate cause of the accidental injuries.
Percentage by weight of alcohol in the blood shall be based on
grams of alcohol per 100 milliliters of blood. Percentage by
weight of alcohol in the breath shall be based upon grams of
alcohol per 210 liters of breath. Any testing that has not been
performed by an accredited or certified testing laboratory
shall not be admissible in any hearing under this Act to
determine whether the employee was intoxicated at the time the
employee incurred the accidental injury.
All sample collection and testing for alcohol and drugs
under this Section shall be performed in accordance with rules
to be adopted by the Commission. These rules shall ensure:

(1) compliance with the National Labor Relations Act
regarding collective bargaining agreements or regulations
promulgated by the United States Department of
Transportation;
(2) that samples are collected and tested in
conformance with national and State legal and regulatory
standards for the privacy of the individual being tested,
and in a manner reasonably calculated to prevent
substitutions or interference with the collection or
testing of reliable sample;
(3) that split testing procedures are utilized;
(4) that sample collection is documented, and the
documentation procedures include:
(A) the labeling of samples in a manner so as to
reasonably preclude the probability of erroneous
identification of test result; and
(B) an opportunity for the employee to provide
notification of any information which he or she
considers relevant to the test, including
identification of currently or recently used
prescription or nonprescription drugs and other
relevant medical information;
(5) that sample collection, storage, and
transportation to the place of testing is performed in a
manner so as to reasonably preclude the probability of
sample contamination or adulteration; and

(6) that chemical analyses of blood, urine, breath, or
other bodily substance are performed according to
nationally scientifically accepted analytical methods and
procedures.
The changes to this Section made by Public Act 97-18 this
amendatory Act of the 97th General Assembly apply only to
accidental injuries that occur on or after September 1, 2011.
(Source: P.A. 97-18, eff. 6-28-11; 97-276, eff. 8-8-11; revised
9-15-11.)
Section 995. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 996. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance