Public Act 099-0078

HB4137 Enrolled LRB099 07987 AMC 28127 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 2015 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 In certain cases in which a repealed Act or Section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incorporate amendments to the repealed Act or Section into the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 98-590 through 98-1173 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 Effective Date of Laws Act is amended by

changing Section 6 as follows:

(5 ILCS 75/6) (from Ch. 1, par. 1206)

Sec. 6. As used in this Act, "Constitution" means the

Constitution of the State of Illinois of 1970.

(Source: P.A. 78-85; revised 11-25-14.)

Section 10. The Regulatory Sunset Act is amended by

changing Section 4.27 as follows:

(5 ILCS 80/4.27)

Sec. 4.27. Acts repealed on January 1, 2017. The following

are repealed on January 1, 2017:

The Illinois Optometric Practice Act of 1987.

The Clinical Psychologist Licensing Act.

The Boiler and Pressure Vessel Repairer Regulation Act.

Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, XVII,

XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.

(Source: P.A. 94-787, eff. 5-19-06; 94-870, eff. 6-16-06;

94-956, eff. 6-27-06; 94-1076, eff. 12-29-06; 95-331, eff.

8-21-07; 95-876, eff. 8-21-08; revised 11-25-14.)

Section 15. The Illinois Administrative Procedure Act is

amended by changing Section 10-40 as follows:

(5 ILCS 100/10-40) (from Ch. 127, par. 1010-40)

Sec. 10-40. Rules of evidence; official notice. In

contested cases:

(a) Irrelevant, immaterial, or unduly repetitious evidence

shall be excluded. The rules of evidence and privilege as

applied in civil cases in the circuit courts of this State

shall be followed. Evidence not admissible under those rules of

evidence may be admitted, however, (except where precluded by

statute) if it is of a type commonly relied upon by reasonably

prudent men in the conduct of their affairs. Objections to

evidentiary offers may be made and shall be noted in the

record. Subject to these requirements, when a hearing will be

expedited and the interests of the parties will not be

prejudiced, any part of the evidence may be received in written

form.

(b) Subject to the evidentiary requirements of subsection

(a) of this Section, a party may conduct cross-examination

required for a full and fair disclosure of the facts.

(c) Notice may be taken of matters of which the circuit

courts of this State may take judicial notice. In addition,

notice may be taken of generally recognized technical or

scientific facts within the agency's specialized knowledge.

Parties shall be notified either before or during the hearing,

or by reference in preliminary reports or otherwise, of the

material noticed, including any staff memoranda or data, and

they shall be afforded an opportunity to contest the material

so noticed. The agency's experience, technical competence, and

specialized knowledge may be utilized in the evaluation of the

evidence.

(Source: P.A. 87-823; revised 11-25-14.)

Section 20. The Open Meetings Act is amended by changing

Section 2 as follows:

(5 ILCS 120/2) (from Ch. 102, par. 42)

Sec. 2. Open meetings.

(a) Openness required. All meetings of public bodies shall

be open to the public unless excepted in subsection (c) and

closed in accordance with Section 2a.

(b) Construction of exceptions. The exceptions contained

in subsection (c) are in derogation of the requirement that

public bodies meet in the open, and therefore, the exceptions

are to be strictly construed, extending only to subjects

clearly within their scope. The exceptions authorize but do not

require the holding of a closed meeting to discuss a subject

included within an enumerated exception.

(c) Exceptions. A public body may hold closed meetings to

consider the following subjects:

(1) The appointment, employment, compensation,

discipline, performance, or dismissal of specific

employees of the public body or legal counsel for the

public body, including hearing testimony on a complaint

lodged against an employee of the public body or against

legal counsel for the public body to determine its

validity.

(2) Collective negotiating matters between the public

body and its employees or their representatives, or

deliberations concerning salary schedules for one or more

classes of employees.

(3) The selection of a person to fill a public office,

as defined in this Act, including a vacancy in a public

office, when the public body is given power to appoint

under law or ordinance, or the discipline, performance or

removal of the occupant of a public office, when the public

body is given power to remove the occupant under law or

ordinance.

(4) Evidence or testimony presented in open hearing, or

in closed hearing where specifically authorized by law, to

a quasi-adjudicative body, as defined in this Act, provided

that the body prepares and makes available for public

inspection a written decision setting forth its

determinative reasoning.

(5) The purchase or lease of real property for the use

of the public body, including meetings held for the purpose

of discussing whether a particular parcel should be

acquired.

(6) The setting of a price for sale or lease of

property owned by the public body.

(7) The sale or purchase of securities, investments, or

investment contracts. This exception shall not apply to the

investment of assets or income of funds deposited into the

Illinois Prepaid Tuition Trust Fund.

(8) Security procedures and the use of personnel and

equipment to respond to an actual, a threatened, or a

reasonably potential danger to the safety of employees,

students, staff, the public, or public property.

(9) Student disciplinary cases.

(10) The placement of individual students in special

education programs and other matters relating to

individual students.

(11) Litigation, when an action against, affecting or

on behalf of the particular public body has been filed and

is pending before a court or administrative tribunal, or

when the public body finds that an action is probable or

imminent, in which case the basis for the finding shall be

recorded and entered into the minutes of the closed

meeting.

(12) The establishment of reserves or settlement of

claims as provided in the Local Governmental and

Governmental Employees Tort Immunity Act, if otherwise the

disposition of a claim or potential claim might be

prejudiced, or the review or discussion of claims, loss or

risk management information, records, data, advice or

communications from or with respect to any insurer of the

public body or any intergovernmental risk management

association or self insurance pool of which the public body

is a member.

(13) Conciliation of complaints of discrimination in

the sale or rental of housing, when closed meetings are

authorized by the law or ordinance prescribing fair housing

practices and creating a commission or administrative

agency for their enforcement.

(14) Informant sources, the hiring or assignment of

undercover personnel or equipment, or ongoing, prior or

future criminal investigations, when discussed by a public

body with criminal investigatory responsibilities.

(15) Professional ethics or performance when

considered by an advisory body appointed to advise a

licensing or regulatory agency on matters germane to the

advisory body's field of competence.

(16) Self evaluation, practices and procedures or

professional ethics, when meeting with a representative of

a statewide association of which the public body is a

member.

(17) The recruitment, credentialing, discipline or

formal peer review of physicians or other health care

professionals for a hospital, or other institution

providing medical care, that is operated by the public

body.

(18) Deliberations for decisions of the Prisoner

Review Board.

(19) Review or discussion of applications received

under the Experimental Organ Transplantation Procedures

Act.

(20) The classification and discussion of matters

classified as confidential or continued confidential by

the State Government Suggestion Award Board.

(21) Discussion of minutes of meetings lawfully closed

under this Act, whether for purposes of approval by the

body of the minutes or semi-annual review of the minutes as

mandated by Section 2.06.

(22) Deliberations for decisions of the State

Emergency Medical Services Disciplinary Review Board.

(23) The operation by a municipality of a municipal

utility or the operation of a municipal power agency or

municipal natural gas agency when the discussion involves

(i) contracts relating to the purchase, sale, or delivery

of electricity or natural gas or (ii) the results or

conclusions of load forecast studies.

(24) Meetings of a residential health care facility

resident sexual assault and death review team or the

Executive Council under the Abuse Prevention Review Team

Act.

(25) Meetings of an independent team of experts under

Brian's Law.

(26) Meetings of a mortality review team appointed

under the Department of Juvenile Justice Mortality Review

Team Act.

(27) (Blank).

(28) Correspondence and records (i) that may not be

disclosed under Section 11-9 of the Public Aid Code or (ii)

that pertain to appeals under Section 11-8 of the Public

Aid Code.

(29) Meetings between internal or external auditors

and governmental audit committees, finance committees, and

their equivalents, when the discussion involves internal

control weaknesses, identification of potential fraud risk

areas, known or suspected frauds, and fraud interviews

conducted in accordance with generally accepted auditing

standards of the United States of America.

(30) Those meetings or portions of meetings of a

fatality review team or the Illinois Fatality Review Team

Advisory Council during which a review of the death of an

eligible adult in which abuse or neglect is suspected,

alleged, or substantiated is conducted pursuant to Section

15 of the Adult Protective Services Act.

(31) Meetings and deliberations for decisions of the

Concealed Carry Licensing Review Board under the Firearm

Concealed Carry Act.

(32) Meetings between the Regional Transportation

Authority Board and its Service Boards when the discussion

involves review by the Regional Transportation Authority

Board of employment contracts under Section 28d of the

Metropolitan Transit Authority Act and Sections 3A.18 and

3B.26 of the Regional Transportation Authority Act.

(d) Definitions. For purposes of this Section:

"Employee" means a person employed by a public body whose

relationship with the public body constitutes an

employer-employee relationship under the usual common law

rules, and who is not an independent contractor.

"Public office" means a position created by or under the

Constitution or laws of this State, the occupant of which is

charged with the exercise of some portion of the sovereign

power of this State. The term "public office" shall include

members of the public body, but it shall not include

organizational positions filled by members thereof, whether

established by law or by a public body itself, that exist to

assist the body in the conduct of its business.

"Quasi-adjudicative body" means an administrative body

charged by law or ordinance with the responsibility to conduct

hearings, receive evidence or testimony and make

determinations based thereon, but does not include local

electoral boards when such bodies are considering petition

challenges.

(e) Final action. No final action may be taken at a closed

meeting. Final action shall be preceded by a public recital of

the nature of the matter being considered and other information

that will inform the public of the business being conducted.

(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;

97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.

8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff.

7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; revised

10-1-14.)

Section 25. The Freedom of Information Act is amended by

changing Sections 2 and 7.5 as follows:

(5 ILCS 140/2) (from Ch. 116, par. 202)

Sec. 2. Definitions. As used in this Act:

(a) "Public body" means all legislative, executive,

administrative, or advisory bodies of the State, state

universities and colleges, counties, townships, cities,

villages, incorporated towns, school districts and all other

municipal corporations, boards, bureaus, committees, or

commissions of this State, any subsidiary bodies of any of the

foregoing including but not limited to committees and

subcommittees thereof, and a School Finance Authority created

under Article 1E of the School Code. "Public body" does not

include a child death review team or the Illinois Child Death

Review Teams Executive Council established under the Child

Death Review Team Act, or a regional youth advisory board or

the Statewide Youth Advisory Board established under the

Department of Children and Family Services Statewide Youth

Advisory Board Act.

(b) "Person" means any individual, corporation,

partnership, firm, organization or association, acting

individually or as a group.

(c) "Public records" means all records, reports, forms,

writings, letters, memoranda, books, papers, maps,

photographs, microfilms, cards, tapes, recordings, electronic

data processing records, electronic communications, recorded

information and all other documentary materials pertaining to

the transaction of public business, regardless of physical form

or characteristics, having been prepared by or for, or having

been or being used by, received by, in the possession of, or

under the control of any public body.

(c-5) "Private information" means unique identifiers,

including a person's social security number, driver's license

number, employee identification number, biometric identifiers,

personal financial information, passwords or other access

codes, medical records, home or personal telephone numbers, and

personal email addresses. Private information also includes

home address and personal license plates, except as otherwise

provided by law or when compiled without possibility of

attribution to any person.

(c-10) "Commercial purpose" means the use of any part of a

public record or records, or information derived from public

records, in any form for sale, resale, or solicitation or

advertisement for sales or services. For purposes of this

definition, requests made by news media and non-profit,

scientific, or academic organizations shall not be considered

to be made for a "commercial purpose" when the principal

purpose of the request is (i) to access and disseminate

information concerning news and current or passing events, (ii)

for articles of opinion or features of interest to the public,

or (iii) for the purpose of academic, scientific, or public

research or education.

(d) "Copying" means the reproduction of any public record

by means of any photographic, electronic, mechanical or other

process, device or means now known or hereafter developed and

available to the public body.

(e) "Head of the public body" means the president, mayor,

chairman, presiding officer, director, superintendent,

manager, supervisor or individual otherwise holding primary

executive and administrative authority for the public body, or

such person's duly authorized designee.

(f) "News media" means a newspaper or other periodical

issued at regular intervals whether in print or electronic

format, a news service whether in print or electronic format, a

radio station, a television station, a television network, a

community antenna television service, or a person or

corporation engaged in making news reels or other motion

picture news for public showing.

(g) "Recurrent requester", as used in Section 3.2 of this

Act, means a person that, in the 12 months immediately

preceding the request, has submitted to the same public body

(i) a minimum of 50 requests for records, (ii) a minimum of 15

requests for records within a 30-day period, or (iii) a minimum

of 7 requests for records within a 7-day period. For purposes

of this definition, requests made by news media and non-profit,

scientific, or academic organizations shall not be considered

in calculating the number of requests made in the time periods

in this definition when the principal purpose of the requests

is (i) to access and disseminate information concerning news

and current or passing events, (ii) for articles of opinion or

features of interest to the public, or (iii) for the purpose of

academic, scientific, or public research or education.

For the purposes of this subsection (g), "request" means a

written document (or oral request, if the public body chooses

to honor oral requests) that is submitted to a public body via

personal delivery, mail, telefax, electronic mail, or other

means available to the public body and that identifies the

particular public record the requester seeks. One request may

identify multiple records to be inspected or copied.

(h) "Voluminous request" means a request that: (i) includes

more than 5 individual requests for more than 5 different

categories of records or a combination of individual requests

that total requests for more than 5 different categories of

records in a period of 20 business days; or (ii) requires the

compilation of more than 500 letter or legal-sized pages of

public records unless a single requested record exceeds 500

pages. "Single requested record" may include, but is not

limited to, one report, form, e-mail, letter, memorandum, book,

map, microfilm, tape, or recording.

"Voluminous request" does not include a request made by

news media and non-profit, scientific, or academic

organizations if the principal purpose of the request is: (1)

to access and disseminate information concerning news and

current or passing events; (2) for articles of opinion or

features of interest to the public; or (3) for the purpose of

academic, scientific, or public research or education.

For the purposes of this subsection (h), "request" means a

written document, or oral request, if the public body chooses

to honor oral requests, that is submitted to a public body via

personal delivery, mail, telefax, electronic mail, or other

means available to the public body and that identifies the

particular public record or records the requester seeks. One

request may identify multiple individual records to be

inspected or copied.

(Source: P.A. 97-579, eff. 8-26-11; 98-806, eff. 1-1-15;

98-1129, eff. 12-3-14; revised 12-19-14.)

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions Exemptions. To the extent

provided for by the statutes referenced below, the following

shall be exempt from inspection and copying:

(a) All information determined to be confidential

under Section 4002 of the Technology Advancement and

Development Act.

(b) Library circulation and order records identifying

library users with specific materials under the Library

Records Confidentiality Act.

(c) Applications, related documents, and medical

records received by the Experimental Organ Transplantation

Procedures Board and any and all documents or other records

prepared by the Experimental Organ Transplantation

Procedures Board or its staff relating to applications it

has received.

(d) Information and records held by the Department of

Public Health and its authorized representatives relating

to known or suspected cases of sexually transmissible

disease or any information the disclosure of which is

restricted under the Illinois Sexually Transmissible

Disease Control Act.

(e) Information the disclosure of which is exempted

under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of

the Architectural, Engineering, and Land Surveying

Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted

and exempted under Section 50 of the Illinois Prepaid

Tuition Act.

(h) Information the disclosure of which is exempted

under the State Officials and Employees Ethics Act, and

records of any lawfully created State or local inspector

general's office that would be exempt if created or

obtained by an Executive Inspector General's office under

that Act.

(i) Information contained in a local emergency energy

plan submitted to a municipality in accordance with a local

emergency energy plan ordinance that is adopted under

Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution

of surcharge moneys collected and remitted by wireless

carriers under the Wireless Emergency Telephone Safety

Act.

(k) Law enforcement officer identification information

or driver identification information compiled by a law

enforcement agency or the Department of Transportation

under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential

health care facility resident sexual assault and death

review team or the Executive Council under the Abuse

Prevention Review Team Act.

(m) Information provided to the predatory lending

database created pursuant to Article 3 of the Residential

Real Property Disclosure Act, except to the extent

authorized under that Article.

(n) Defense budgets and petitions for certification of

compensation and expenses for court appointed trial

counsel as provided under Sections 10 and 15 of the Capital

Crimes Litigation Act. This subsection (n) shall apply

until the conclusion of the trial of the case, even if the

prosecution chooses not to pursue the death penalty prior

to trial or sentencing.

(o) Information that is prohibited from being

disclosed under Section 4 of the Illinois Health and

Hazardous Substances Registry Act.

(p) Security portions of system safety program plans,

investigation reports, surveys, schedules, lists, data, or

information compiled, collected, or prepared by or for the

Regional Transportation Authority under Section 2.11 of

the Regional Transportation Authority Act or the St. Clair

County Transit District under the Bi-State Transit Safety

Act.

(q) Information prohibited from being disclosed by the

Personnel Records Review Act.

(r) Information prohibited from being disclosed by the

Illinois School Student Records Act.

(s) Information the disclosure of which is restricted

under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information

in the form of health data or medical records contained in,

stored in, submitted to, transferred by, or released from

the Illinois Health Information Exchange, and identified

or deidentified health information in the form of health

data and medical records of the Illinois Health Information

Exchange in the possession of the Illinois Health

Information Exchange Authority due to its administration

of the Illinois Health Information Exchange. The terms

"identified" and "deidentified" shall be given the same

meaning as in the Health Insurance Accountability and

Portability Act of 1996, Public Law 104-191, or any

subsequent amendments thereto, and any regulations

promulgated thereunder.

(u) Records and information provided to an independent

team of experts under Brian's Law.

(v) Names and information of people who have applied

for or received Firearm Owner's Identification Cards under

the Firearm Owners Identification Card Act or applied for

or received a concealed carry license under the Firearm

Concealed Carry Act, unless otherwise authorized by the

Firearm Concealed Carry Act; and databases under the

Firearm Concealed Carry Act, records of the Concealed Carry

Licensing Review Board under the Firearm Concealed Carry

Act, and law enforcement agency objections under the

Firearm Concealed Carry Act.

(w) Personally identifiable information which is

exempted from disclosure under subsection (g) of Section

19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure

under Section 5-1014.3 of the Counties Code or Section

8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult

Protective Services Act and its predecessor enabling

statute, the Elder Abuse and Neglect Act, including

information about the identity and administrative finding

against any caregiver of a verified and substantiated

decision of abuse, neglect, or financial exploitation of an

eligible adult maintained in the Registry established

under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality

review team or the Illinois Fatality Review Team Advisory

Council under Section 15 of the Adult Protective Services

Act.

(aa) Information which is exempted from disclosure

under Section 2.37 of the Wildlife Code.

(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,

eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,

eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,

eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)

Section 30. The State Records Act is amended by changing

Section 15b as follows:

(5 ILCS 160/15b) (from Ch. 116, par. 43.18b)

Sec. 15b. The head of each agency shall:

(1) Determine what records are "essential" for

emergency government operation through consultation with

all branches of government, State agencies, and with the

State Civil Defense Agency.

(2) Determine what records are "essential" for

post-emergency government operations and provide for their

protection and preservation.

(3) Establish the manner in which essential records for

emergency and post-emergency government operations shall

be preserved to ensure insure emergency usability.

(4) Establish and maintain an essential records

preservation program.

The Secretary may provide for security storage or

relocation of essential State records in the event of an

emergency arising from enemy attack or natural disaster.

(Source: P.A. 85-414; revised 11-25-14.)

Section 35. The Electronic Commerce Security Act is amended

by changing Section 10-115 as follows:

(5 ILCS 175/10-115)

Sec. 10-115. Commercially reasonable; reliance.

(a) The commercial reasonableness of a security procedure

is a question of law to be determined in light of the purposes

of the procedure and the commercial circumstances at the time

the procedure was used, including the nature of the

transaction, sophistication of the parties, volume of similar

transactions engaged in by either or both of the parties,

availability of alternatives offered to but rejected by either

of the parties, cost of alternative procedures, and procedures

in general use for similar types of transactions.

(b) Whether reliance on a security procedure was reasonable

and in good faith is to be determined in light of all the

circumstances known to the relying party at the time of the

reliance, having due regard to the:

(1) the information that the relying party knew or

should have known of at the time of reliance that would

suggest that reliance was or was not reasonable;

(2) the value or importance of the electronic record,

if known;

(3) any course of dealing between the relying party and

the purported sender and the available indicia of

reliability or unreliability apart from the security

procedure;

(4) any usage of trade, particularly trade conducted by

trustworthy systems or other computer-based means; and

(5) whether the verification was performed with the

assistance of an independent third party.

(Source: P.A. 90-759, eff. 7-1-99; revised 11-25-14.)

Section 40. The Employee Rights Violation Act is amended by

changing Section 2 as follows:

(5 ILCS 285/2) (from Ch. 127, par. 63b100-2)

Sec. 2. For the purposes of this Act, the terms used herein

shall have the meanings ascribed to them in this Section:

(a) "Policy making officer" means: (i) an employee of a

State agency who is engaged predominantly in executive and

management functions and is charged with the responsibility of

directing the effectuation of such management policies and

practices; or (ii) an employee of a State agency whose

principal work is substantially different from that of his

subordinates and who has authority in the interest of the State

agency to hire, transfer, suspend, lay off, recall, promote,

discharge, direct, reward, or discipline employees, or to

adjust their grievances, or to effectively recommend such

action, if the exercise of such authority is not of a merely

routine or clerical nature, but requires the consistent use of

independent judgment; or (iii) a Director, Assistant Director

or Deputy Director of a State agency. ;

(b) "State agency" means the Departments of the Executive

Branch of State government listed in Section 5-15 of the

Departments of State Government Law (20 ILCS 5/5-15). ;

(c) "Director" includes the Secretary of Transportation.

(Source: P.A. 91-239, eff. 1-1-00; revised 11-25-14.)

Section 45. The Election Code is amended by changing

Sections 10-10 and 16-6.1 as follows:

(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)

Sec. 10-10. Within 24 hours after the receipt of the

certificate of nomination or nomination papers or proposed

question of public policy, as the case may be, and the

objector's petition, the chairman of the electoral board other

than the State Board of Elections shall send a call by

registered or certified mail to each of the members of the

electoral board, and to the objector who filed the objector's

petition, and either to the candidate whose certificate of

nomination or nomination papers are objected to or to the

principal proponent or attorney for proponents of a question of

public policy, as the case may be, whose petitions are objected

to, and shall also cause the sheriff of the county or counties

in which such officers and persons reside to serve a copy of

such call upon each of such officers and persons, which call

shall set out the fact that the electoral board is required to

meet to hear and pass upon the objections to nominations made

for the office, designating it, and shall state the day, hour

and place at which the electoral board shall meet for the

purpose, which place shall be in the county court house in the

county in the case of the County Officers Electoral Board, the

Municipal Officers Electoral Board, the Township Officers

Electoral Board or the Education Officers Electoral Board,

except that the Municipal Officers Electoral Board, the

Township Officers Electoral Board, and the Education Officers

Electoral Board may meet at the location where the governing

body of the municipality, township, or community college

district, respectively, holds its regularly scheduled

meetings, if that location is available; provided that voter

records may be removed from the offices of an election

authority only at the discretion and under the supervision of

the election authority. In those cases where the State Board of

Elections is the electoral board designated under Section 10-9,

the chairman of the State Board of Elections shall, within 24

hours after the receipt of the certificate of nomination or

nomination papers or petitions for a proposed amendment to

Article IV of the Constitution or proposed statewide question

of public policy, send a call by registered or certified mail

to the objector who files the objector's petition, and either

to the candidate whose certificate of nomination or nomination

papers are objected to or to the principal proponent or

attorney for proponents of the proposed Constitutional

amendment or statewide question of public policy and shall

state the day, hour and place at which the electoral board

shall meet for the purpose, which place may be in the Capitol

Building or in the principal or permanent branch office of the

State Board. The day of the meeting shall not be less than 3

nor more than 5 days after the receipt of the certificate of

nomination or nomination papers and the objector's petition by

the chairman of the electoral board.

The electoral board shall have the power to administer

oaths and to subpoena and examine witnesses and, at the request

of either party and only upon a vote by a majority of its

members, may authorize the chairman to issue subpoenas

requiring the attendance of witnesses and subpoenas duces tecum

requiring the production of such books, papers, records and

documents as may be evidence of any matter under inquiry before

the electoral board, in the same manner as witnesses are

subpoenaed in the Circuit Court.

Service of such subpoenas shall be made by any sheriff or

other person in the same manner as in cases in such court and

the fees of such sheriff shall be the same as is provided by

law, and shall be paid by the objector or candidate who causes

the issuance of the subpoena. In case any person so served

shall knowingly neglect or refuse to obey any such subpoena, or

to testify, the electoral board shall at once file a petition

in the circuit court of the county in which such hearing is to

be heard, or has been attempted to be heard, setting forth the

facts, of such knowing refusal or neglect, and accompanying the

petition with a copy of the citation and the answer, if one has

been filed, together with a copy of the subpoena and the return

of service thereon, and shall apply for an order of court

requiring such person to attend and testify, and forthwith

produce books and papers, before the electoral board. Any

circuit court of the state, excluding the judge who is sitting

on the electoral board, upon such showing shall order such

person to appear and testify, and to forthwith produce such

books and papers, before the electoral board at a place to be

fixed by the court. If such person shall knowingly fail or

refuse to obey such order of the court without lawful excuse,

the court shall punish him or her by fine and imprisonment, as

the nature of the case may require and may be lawful in cases

of contempt of court.

The electoral board on the first day of its meeting shall

adopt rules of procedure for the introduction of evidence and

the presentation of arguments and may, in its discretion,

provide for the filing of briefs by the parties to the

objection or by other interested persons.

In the event of a State Electoral Board hearing on

objections to a petition for an amendment to Article IV of the

Constitution pursuant to Section 3 of Article XIV of the

Constitution, or to a petition for a question of public policy

to be submitted to the voters of the entire State, the

certificates of the county clerks and boards of election

commissioners showing the results of the random sample of

signatures on the petition shall be prima facie valid and

accurate, and shall be presumed to establish the number of

valid and invalid signatures on the petition sheets reviewed in

the random sample, as prescribed in Section 28-11 and 28-12 of

this Code. Either party, however, may introduce evidence at

such hearing to dispute the findings as to particular

signatures. In addition to the foregoing, in the absence of

competent evidence presented at such hearing by a party

substantially challenging the results of a random sample, or

showing a different result obtained by an additional sample,

this certificate of a county clerk or board of election

commissioners shall be presumed to establish the ratio of valid

to invalid signatures within the particular election

jurisdiction.

The electoral board shall take up the question as to

whether or not the certificate of nomination or nomination

papers or petitions are in proper form, and whether or not they

were filed within the time and under the conditions required by

law, and whether or not they are the genuine certificate of

nomination or nomination papers or petitions which they purport

to be, and whether or not in the case of the certificate of

nomination in question it represents accurately the decision of

the caucus or convention issuing it, and in general shall

decide whether or not the certificate of nomination or

nominating papers or petitions on file are valid or whether the

objections thereto should be sustained and the decision of a

majority of the electoral board shall be final subject to

judicial review as provided in Section 10-10.1. The electoral

board must state its findings in writing and must state in

writing which objections, if any, it has sustained. A copy of

the decision shall be served upon the parties to the

proceedings in open proceedings before the electoral board. If

a party does not appear for receipt of the decision, the

decision shall be deemed to have been served on the absent

party on the date when a copy of the decision is personally

delivered or on the date when a copy of the decision is

deposited in the Unites States mail, in a sealed envelope or

package, with postage prepaid, addressed to each party affected

by the decision or to such party's attorney of record, if any,

at the address on record for such person in the files of the

electoral board.

Upon the expiration of the period within which a proceeding

for judicial review must be commenced under Section 10-10.1,

the electoral board shall, unless a proceeding for judicial

review has been commenced within such period, transmit, by

registered or certified mail, a certified copy of its ruling,

together with the original certificate of nomination or

nomination papers or petitions and the original objector's

petition, to the officer or board with whom the certificate of

nomination or nomination papers or petitions, as objected to,

were on file, and such officer or board shall abide by and

comply with the ruling so made to all intents and purposes.

(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14;

revised 11-25-14.)

(10 ILCS 5/16-6.1) (from Ch. 46, par. 16-6.1)

Sec. 16-6.1. In elections held pursuant to the provisions

of Section 12 of Article VI of the Constitution relating to

retention of judges in office, the form of the proposition to

be submitted for each candidate shall be as provided in

paragraph (1) or (2), as the election authority may choose.

(1) The names of all persons seeking retention in the

same office shall be listed, in the order provided in this

Section, with one proposition that reads substantially as

follows: "Shall each of the persons listed be retained in

office as (insert name of office and court)?". To the right

of each candidate's name must be places for the voter to

mark "Yes" or "No". If the list of candidates for retention

in the same office exceeds one page of the ballot, the

proposition must appear on each page upon which the list of

candidates continues.

(2) The form of the proposition for each candidate

shall be substantially as follows:

-----------------------------------------------------

Shall ....... (insert name YES

of candidate) be retained in --------------

office as ..... (insert name NO

of office and Court)?

-----------------------------------------------------

The names of all candidates thus submitting their names for

retention in office in any particular judicial district or

circuit shall appear on the same ballot which shall be separate

from all other ballots voted on at the general election.

Propositions on Supreme Court judges, if any are seeking

retention, shall appear on the ballot in the first group, for

judges of the Appellate Court in the second group immediately

under the first, and for circuit judges in the last group. The

grouping of candidates for the same office shall be preceded by

a heading describing the office and the court. If there are two

or more candidates for each office, the names of such

candidates in each group shall be listed in the order

determined as follows: The name of the person with the greatest

length of time served in the specified office of the specified

court shall be listed first in each group. The rest of the

names shall be listed in the appropriate order based on the

same seniority standard. If two or more candidates for each

office have served identical periods of time in the specified

office, such candidates shall be listed alphabetically at the

appropriate place in the order of names based on seniority in

the office as described. Circuit judges shall be credited for

the purposes of this section with service as associate judges

prior to July 1, 1971 and with service on any court the judges

of which were made associate judges on January 1, 1964 by

virtue of Paragraph 4, subparagraphs (c) and (d) of the

Schedule to Article VI of the former Illinois Constitution.

At the top of the ballot on the same side as the

propositions on the candidates are listed shall be printed an

explanation to read substantially as follows: "Vote on the

proposition with respect to all or any of the judges listed on

this ballot. No judge listed is running against any other

judge. The sole question is whether each judge shall be

retained in his or her present office".

Such separate ballot shall be printed on paper of

sufficient size so that when folded once it shall be large

enough to contain the following words, which shall be printed

on the back, "Ballot for judicial candidates seeking retention

in office". Such ballot shall be handed to the elector at the

same time as the ballot containing the names of other

candidates for the general election and shall be returned

therewith by the elector to the proper officer in the manner

designated by this Act. All provisions of this Act relating to

ballots shall apply to such separate ballot, except as

otherwise specifically provided in this section. Such separate

ballot shall be printed upon paper of a green color. No other

ballot at the same election shall be green in color.

In precincts in which voting machines are used, the special

ballot containing the propositions on the retention of judges

may be placed on the voting machines if such voting machines

permit the casting of votes on such propositions.

An electronic voting system authorized by Article 24A may

be used in voting and tabulating the judicial retention

ballots. When an electronic voting system is used which

utilizes a ballot label booklet and ballot card, there shall be

used in the label booklet a separate ballot label page or pages

as required for such proposition, which page or pages for such

proposition shall be of a green color separate and distinct

from the ballot label page or pages used for any other

proposition or candidates.

(Source: P.A. 92-178, eff. 1-1-02; 92-465, eff. 1-1-02; revised

11-25-14.)

Section 50. The State Comptroller Act is amended by

changing Section 26 as follows:

(15 ILCS 405/26)

Sec. 26. Illinois Gives Initiative.

(a) The Illinois Gives Initiative is hereby created to

provide a mechanism whereby an employee or annuitant may

authorize the withholding of a portion of his or her salary,

wages, or annuity for payment to Illinois chapters of the

American Red Cross whose territories include areas affected by

a declaration of disaster issued in accordance with Section 7

of the Illinois Emergency Management Agency Act.

(b) The initiative shall be administered by the State

Comptroller, who is authorized to:

(1) develop an electronic mechanism whereby an

employee or annuitant may register with the Office of the

Comptroller for the withholding to be deducted from the

next available scheduled pay period;

(2) develop policies and procedures necessary for the

efficient transmission of the notification of the

withholding under this Section to the employee's Payroll

Officer or the annuitant's Retirement Agency; and

(3) develop policies and procedures necessary for the

efficient distribution of the withholdings under this

Section to designated Illinois chapters of the American Red

Cross.

(Source: P.A. 98-700, eff. 7-7-14; revised 11-25-14.)

Section 55. The Illinois Act on the Aging is amended by

changing Section 8.09 as follows:

(20 ILCS 105/8.09)

Sec. 8.09. Unlicensed or uncertified facilities. No public

official, agent, or employee may place any person in or with,

or recommend that any person be placed in or with, or directly

or indirectly cause any person to be placed in or with any

unlicensed or uncertified: (i) board and care home as defined

in the Board and Care Home Act and licensed under the Assisted

Living and Shared Housing Act; (ii) assisted living or shared

housing establishment as defined in the Assisted Living and

Shared Housing Act; (iii) facility licensed under the Nursing

Home Care Act; (iv) supportive living facility as described in

Section 5-5.01a of the Illinois Public Aid Code; (v)

free-standing hospice residence licensed under the Hospice

Program Licensing Act; or (vi) home services agency licensed

under the Home Health, Home Services, and Home Nursing Agency

Licensing Act if licensure or certification is required. No

public official, agent, or employee may place the name of such

a facility on a list of facilities to be circulated to the

public, unless the facility is licensed or certified. Use of

the Department of Public Health's annual list of licensed

facilities shall satisfy compliance with this Section for all

facilities licensed or certified by the Illinois Department of

Public Health.

(Source: P.A. 96-1318, eff. 7-27-10; revised 11-25-14.)

Section 60. The Alcoholism and Other Drug Abuse and

Dependency Act is amended by changing Section 40-5 as follows:

(20 ILCS 301/40-5)

Sec. 40-5. Election of treatment. An addict or alcoholic

who is charged with or convicted of a crime or any other person

charged with or convicted of a misdemeanor violation of the Use

of Intoxicating Compounds Act and who has not been previously

convicted of a violation of that Act may elect treatment under

the supervision of a licensed program designated by the

Department, referred to in this Article as "designated

program", unless:

(1) the crime is a crime of violence;

(2) the crime is a violation of Section 401(a), 401(b),

401(c) where the person electing treatment has been

previously convicted of a non-probationable felony or the

violation is non-probationable, 401(d) where the violation

is non-probationable, 401.1, 402(a), 405 or 407 of the

Illinois Controlled Substances Act, or Section 12-7.3 of

the Criminal Code of 2012, or Section 4(d), 4(e), 4(f),

4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the Cannabis

Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4),

60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control

and Community Protection Act or is otherwise ineligible for

probation under Section 70 of the Methamphetamine Control

and Community Protection Act;

(3) the person has a record of 2 or more convictions of

a crime of violence;

(4) other criminal proceedings alleging commission of

a felony are pending against the person;

(5) the person is on probation or parole and the

appropriate parole or probation authority does not consent

to that election;

(6) the person elected and was admitted to a designated

program on 2 prior occasions within any consecutive 2-year

period;

(7) the person has been convicted of residential

burglary and has a record of one or more felony

convictions;

(8) the crime is a violation of Section 11-501 of the

Illinois Vehicle Code or a similar provision of a local

ordinance; or

(9) the crime is a reckless homicide or a reckless

homicide of an unborn child, as defined in Section 9-3 or

9-3.2 of the Criminal Code of 1961 or the Criminal Code of

2012, in which the cause of death consists of the driving

of a motor vehicle by a person under the influence of

alcohol or any other drug or drugs at the time of the

violation.

Nothing in this Section shall preclude an individual who is

charged with or convicted of a crime that is a violation of

Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and

Community Protection Act, and who is otherwise eligible to make

the election provided for under this Section, from being

eligible to make an election for treatment as a condition of

probation as provided for under this Article.

(Source: P.A. 97-889, eff. 1-1-13; 97-1150, eff. 1-25-13;

98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; revised 10-1-14.)

Section 65. The Children and Family Services Act is amended

by changing Section 8 as follows:

(20 ILCS 505/8) (from Ch. 23, par. 5008)

Sec. 8. Scholarships and fee waivers. Each year the

Department shall select a minimum of 53 students (at least 4 of

whom shall be children of veterans) to receive scholarships and

fee waivers which will enable them to attend and complete their

post-secondary education at a community college, university,

or college. Youth shall be selected from among the youth for

whom the Department has court-ordered legal responsibility,

youth who aged out of care at age 18 or older, or youth

formerly under care who have been adopted or who have been

placed in private guardianship. Recipients must have earned a

high school diploma from an accredited institution or , a high

school equivalency General Education Development certificate

or diploma, or have met the State criteria for high school

graduation before the start of the school year for which they

are applying for the scholarship and waiver. high school

equivalency Scholarships and fee waivers shall be available to

students for at least 5 years, provided they are continuing to

work toward graduation. Unused scholarship dollars and fee

waivers shall be reallocated to new recipients. No later than

January 1, 2015, the Department shall promulgate rules

identifying the criteria for "continuing to work toward

graduation", and for reallocating unused scholarships and fee

waivers. Selection shall be made on the basis of several

factors, including, but not limited to, scholastic record,

aptitude, and general interest in higher education. The

selection committee shall include at least 2 individuals

formerly under the care of the Department who have completed

their post-secondary education. In accordance with this Act,

tuition scholarships and fee waivers shall be available to such

students at any university or college maintained by the State

of Illinois. The Department shall provide maintenance and

school expenses, except tuition and fees, during the academic

years to supplement the students' earnings or other resources

so long as they consistently maintain scholastic records which

are acceptable to their schools and to the Department. Students

may attend other colleges and universities, if scholarships are

awarded them, and receive the same benefits for maintenance and

other expenses as those students attending any Illinois State

community college, university, or college under this Section.

Beginning with recipients receiving scholarships and waivers

in August 2014, the Department shall collect data and report

annually to the General Assembly on measures of success,

including (i) the number of youth applying for and receiving

scholarships, (ii) the percentage of scholarship recipients

who complete their college or university degree within 5 years,

(iii) the average length of time it takes for scholarship

recipients to complete their college or university degree, (iv)

the reasons that scholarship recipients are discharged or fail

to complete their college or university degree, (v) when

available, youths' outcomes 5 years and 10 years after being

awarded the scholarships, and (vi) budget allocations for

maintenance and school expenses incurred by the Department.

(Source: P.A. 97-799, eff. 7-13-12; 98-718, eff. 1-1-15;

98-805, eff. 1-1-15; revised 10-1-14.)

Section 70. The High Speed Internet Services and

Information Technology Act is amended by changing Section 30 as

follows:

(20 ILCS 661/30)

Sec. 30. High Speed Internet Services and Information

Technology Fund.

(a) There is created in the State treasury a special fund

to be known as the High Speed Internet Services and Information

Technology Fund, to be used, subject to appropriation, by the

Department of Commerce and Economic Opportunity Development

for purposes of providing grants to the nonprofit organization

enlisted under this Act.

(b) On the effective date of this Act, $4,000,000 in the

Digital Divide Elimination Infrastructure Fund shall be

transferred to the High Speed Internet Services and Information

Technology Fund. Nothing contained in this subsection (b) shall

affect the validity of grants issued with moneys from the

Digital Divide Elimination Infrastructure Fund before June 30,

2007.

(Source: P.A. 95-684, eff. 10-19-07; revised 11-25-14.)

Section 75. The Department of Human Services Act is amended

by changing Section 10-66 as follows:

(20 ILCS 1305/10-66)

Sec. 10-66. Rate reductions. Rates for medical services

purchased by the Divisions of Alcoholism Alcohol and Substance

Abuse, Community Health and Prevention, Developmental

Disabilities, Mental Health, or Rehabilitation Services within

the Department of Human Services shall not be reduced below the

rates calculated on April 1, 2011 unless the Department of

Human Services promulgates rules and rules are implemented

authorizing rate reductions.

(Source: P.A. 97-74, eff. 6-30-11; revised 11-25-14.)

Section 80. The Mental Health and Developmental

Disabilities Administrative Act is amended by changing

Sections 15.4 and 18.6 as follows:

(20 ILCS 1705/15.4)

Sec. 15.4. Authorization for nursing delegation to permit

direct care staff to administer medications.

(a) This Section applies to (i) all programs for persons

with a developmental disability in settings of 16 persons or

fewer that are funded or licensed by the Department of Human

Services and that distribute or administer medications and (ii)

all intermediate care facilities for the developmentally

disabled with 16 beds or fewer that are licensed by the

Department of Public Health. The Department of Human Services

shall develop a training program for authorized direct care

staff to administer medications under the supervision and

monitoring of a registered professional nurse. This training

program shall be developed in consultation with professional

associations representing (i) physicians licensed to practice

medicine in all its branches, (ii) registered professional

nurses, and (iii) pharmacists.

(b) For the purposes of this Section:

"Authorized direct care staff" means non-licensed persons

who have successfully completed a medication administration

training program approved by the Department of Human Services

and conducted by a nurse-trainer. This authorization is

specific to an individual receiving service in a specific

agency and does not transfer to another agency.

"Medications" means oral and topical medications, insulin

in an injectable form, oxygen, epinephrine auto-injectors, and

vaginal and rectal creams and suppositories. "Oral" includes

inhalants and medications administered through enteral tubes,

utilizing aseptic technique. "Topical" includes eye, ear, and

nasal medications. Any controlled substances must be packaged

specifically for an identified individual.

"Insulin in an injectable form" means a subcutaneous

injection via an insulin pen pre-filled by the manufacturer.

Authorized direct care staff may administer insulin, as ordered

by a physician, advanced practice nurse, or physician

assistant, if: (i) the staff has successfully completed a

Department-approved advanced training program specific to

insulin administration developed in consultation with

professional associations listed in subsection (a) of this

Section, and (ii) the staff consults with the registered nurse,

prior to administration, of any insulin dose that is determined

based on a blood glucose test result. The authorized direct

care staff shall not: (i) calculate the insulin dosage needed

when the dose is dependent upon a blood glucose test result, or

(ii) administer insulin to individuals who require blood

glucose monitoring greater than 3 times daily, unless directed

to do so by the registered nurse.

"Nurse-trainer training program" means a standardized,

competency-based medication administration train-the-trainer

program provided by the Department of Human Services and

conducted by a Department of Human Services master

nurse-trainer for the purpose of training nurse-trainers to

train persons employed or under contract to provide direct care

or treatment to individuals receiving services to administer

medications and provide self-administration of medication

training to individuals under the supervision and monitoring of

the nurse-trainer. The program incorporates adult learning

styles, teaching strategies, classroom management, and a

curriculum overview, including the ethical and legal aspects of

supervising those administering medications.

"Self-administration of medications" means an individual

administers his or her own medications. To be considered

capable to self-administer their own medication, individuals

must, at a minimum, be able to identify their medication by

size, shape, or color, know when they should take the

medication, and know the amount of medication to be taken each

time.

"Training program" means a standardized medication

administration training program approved by the Department of

Human Services and conducted by a registered professional nurse

for the purpose of training persons employed or under contract

to provide direct care or treatment to individuals receiving

services to administer medications and provide

self-administration of medication training to individuals

under the delegation and supervision of a nurse-trainer. The

program incorporates adult learning styles, teaching

strategies, classroom management, curriculum overview,

including ethical-legal aspects, and standardized

competency-based evaluations on administration of medications

and self-administration of medication training programs.

(c) Training and authorization of non-licensed direct care

staff by nurse-trainers must meet the requirements of this

subsection.

(1) Prior to training non-licensed direct care staff to

administer medication, the nurse-trainer shall perform the

following for each individual to whom medication will be

administered by non-licensed direct care staff:

(A) An assessment of the individual's health

history and physical and mental status.

(B) An evaluation of the medications prescribed.

(2) Non-licensed authorized direct care staff shall

meet the following criteria:

(A) Be 18 years of age or older.

(B) Have completed high school or have a high

school equivalency certificate.

(C) Have demonstrated functional literacy.

(D) Have satisfactorily completed the Health and

Safety component of a Department of Human Services

authorized direct care staff training program.

(E) Have successfully completed the training

program, pass the written portion of the comprehensive

exam, and score 100% on the competency-based

assessment specific to the individual and his or her

medications.

(F) Have received additional competency-based

assessment by the nurse-trainer as deemed necessary by

the nurse-trainer whenever a change of medication

occurs or a new individual that requires medication

administration enters the program.

(3) Authorized direct care staff shall be re-evaluated

by a nurse-trainer at least annually or more frequently at

the discretion of the registered professional nurse. Any

necessary retraining shall be to the extent that is

necessary to ensure competency of the authorized direct

care staff to administer medication.

(4) Authorization of direct care staff to administer

medication shall be revoked if, in the opinion of the

registered professional nurse, the authorized direct care

staff is no longer competent to administer medication.

(5) The registered professional nurse shall assess an

individual's health status at least annually or more

frequently at the discretion of the registered

professional nurse.

(d) Medication self-administration shall meet the

following requirements:

(1) As part of the normalization process, in order for

each individual to attain the highest possible level of

independent functioning, all individuals shall be

permitted to participate in their total health care

program. This program shall include, but not be limited to,

individual training in preventive health and

self-medication procedures.

(A) Every program shall adopt written policies and

procedures for assisting individuals in obtaining

preventative health and self-medication skills in

consultation with a registered professional nurse,

advanced practice nurse, physician assistant, or

physician licensed to practice medicine in all its

branches.

(B) Individuals shall be evaluated to determine

their ability to self-medicate by the nurse-trainer

through the use of the Department's required,

standardized screening and assessment instruments.

(C) When the results of the screening and

assessment indicate an individual not to be capable to

self-administer his or her own medications, programs

shall be developed in consultation with the Community

Support Team or Interdisciplinary Team to provide

individuals with self-medication administration.

(2) Each individual shall be presumed to be competent

to self-administer medications if:

(A) authorized by an order of a physician licensed

to practice medicine in all its branches; and

(B) approved to self-administer medication by the

individual's Community Support Team or

Interdisciplinary Team, which includes a registered

professional nurse or an advanced practice nurse.

(e) Quality Assurance.

(1) A registered professional nurse, advanced practice

nurse, licensed practical nurse, physician licensed to

practice medicine in all its branches, physician

assistant, or pharmacist shall review the following for all

individuals:

(A) Medication orders.

(B) Medication labels, including medications

listed on the medication administration record for

persons who are not self-medicating to ensure the

labels match the orders issued by the physician

licensed to practice medicine in all its branches,

advanced practice nurse, or physician assistant.

(C) Medication administration records for persons

who are not self-medicating to ensure that the records

are completed appropriately for:

(i) medication administered as prescribed;

(ii) refusal by the individual; and

(iii) full signatures provided for all

initials used.

(2) Reviews shall occur at least quarterly, but may be

done more frequently at the discretion of the registered

professional nurse or advanced practice nurse.

(3) A quality assurance review of medication errors and

data collection for the purpose of monitoring and

recommending corrective action shall be conducted within 7

days and included in the required annual review.

(f) Programs using authorized direct care staff to

administer medications are responsible for documenting and

maintaining records on the training that is completed.

(g) The absence of this training program constitutes a

threat to the public interest, safety, and welfare and

necessitates emergency rulemaking by the Departments of Human

Services and Public Health under Section 5-45 of the Illinois

Administrative Procedure Act.

(h) Direct care staff who fail to qualify for delegated

authority to administer medications pursuant to the provisions

of this Section shall be given additional education and testing

to meet criteria for delegation authority to administer

medications. Any direct care staff person who fails to qualify

as an authorized direct care staff after initial training and

testing must within 3 months be given another opportunity for

retraining and retesting. A direct care staff person who fails

to meet criteria for delegated authority to administer

medication, including, but not limited to, failure of the

written test on 2 occasions shall be given consideration for

shift transfer or reassignment, if possible. No employee shall

be terminated for failure to qualify during the 3-month time

period following initial testing. Refusal to complete training

and testing required by this Section may be grounds for

immediate dismissal.

(i) No authorized direct care staff person delegated to

administer medication shall be subject to suspension or

discharge for errors resulting from the staff person's acts or

omissions when performing the functions unless the staff

person's actions or omissions constitute willful and wanton

conduct. Nothing in this subsection is intended to supersede

paragraph (4) of subsection (c).

(j) A registered professional nurse, advanced practice

nurse, physician licensed to practice medicine in all its

branches, or physician assistant shall be on duty or on call at

all times in any program covered by this Section.

(k) The employer shall be responsible for maintaining

liability insurance for any program covered by this Section.

(l) Any direct care staff person who qualifies as

authorized direct care staff pursuant to this Section shall be

granted consideration for a one-time additional salary

differential. The Department shall determine and provide the

necessary funding for the differential in the base. This

subsection (l) is inoperative on and after June 30, 2000.

(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14;

revised 10-2-14.)

(20 ILCS 1705/18.6)

(Section scheduled to be repealed on December 31, 2019)

Sec. 18.6. Mental Health Services Strategic Planning Task

Force.

(a) Task Force. The Mental Health Services Strategic

Planning Task Force is created.

(b) Meeting. The Task Force shall be appointed and hold its

first meeting within 90 days after the effective date of this

amendatory Act of the 97th General Assembly.

(c) Composition. The Task Force shall be comprised of the

following members:

(1) Two members of the Senate appointed by the

President of the Senate and 2 members of the Senate

appointed by the Minority Leader of the Senate.

(2) Two members of the House of Representatives

appointed by the Speaker of the House of Representatives

and 2 members of the House of Representatives appointed by

the Minority Leader of the House of Representatives.

(3) One representative of the Division of Mental Health

within the Department of Human Services.

(4) One representative of the Department of Healthcare

and Family Services.

(5) One representative of the Bureau of Long Term Care

within the Department of Public Health.

(6) One representative of the Illinois Children's

Mental Health Partnership.

(7) Six representatives of the mental health providers

and community stakeholders selected from names submitted

by associates representing the various types of providers.

(8) Three representatives of the consumer community

including a primary consumer, secondary consumer, and a

representative of a mental health consumer advocacy

organization.

(9) An individual from a union representing State

employees providing services to persons with mental

illness.

(10) One academic specialist in mental health

outcomes, research, and evidence-based practices.

(d) Duty. The Task Force shall meet with the Office of the

Governor and the appropriate legislative committees on mental

health to develop a 5-year comprehensive strategic plan for the

State's mental health services. The plan shall address the

following topics:

(1) Provide sufficient home and community-based

services to give consumers real options in care settings.

(2) Improve access to care.

(3) Reduce regulatory redundancy.

(4) Maintain financial viability for providers in a

cost-effective manner to the State.

(5) Ensure care is effective, efficient, and

appropriate regardless of the setting in which it is

provided.

(6) Ensure quality of care in all care settings via the

use of appropriate clinical outcomes.

(7) Ensure hospitalizations and institutional care,

when necessary, is available to meet demand now and in the

future.

(e) The Task Force shall work in conjunction with the

Department of Human Services' Division of Developmental

Disabilities to ensure effective treatment for those dually

diagnosed with both mental illness and developmental

disabilities. The Task Force shall also work in conjunction

with the Department of Human Services' Division of Alcoholism

Alcohol and Substance Abuse to ensure effective treatment for

those who are dually diagnosed with both mental illness as well

as substance abuse challenges.

(f) Compensation. Members of the Task Force shall not

receive compensation nor reimbursement for necessary expenses

incurred in performing the duties associated with the Task

Force.

(g) Reporting. The Task Force shall present its plan to the

Governor and the General Assembly no later than 18 months after

the effective date of the amendatory Act of the 97th General

Assembly. With its approval and authorization, and subject to

appropriation, the Task Force shall convene quarterly meetings

during the implementation of the 5-year strategic plan to

monitor progress, review outcomes, and make ongoing

recommendations. These ongoing recommendations shall be

presented to the Governor and the General Assembly for

feedback, suggestions, support, and approval. Within one year

after recommendations are presented to the Governor and the

General Assembly, the General Assembly shall vote on whether

the recommendations should become law.

(h) Administrative support. The Department of Human

Services shall provide administrative and staff support to the

Task Force.

(i) This Section is repealed on December 31, 2019.

(Source: P.A. 97-438, eff. 8-18-11; revised 11-25-14.)

Section 85. The Department of Public Health Act is amended

by changing Section 2.1 as follows:

(20 ILCS 2305/2.1)

Sec. 2.1. Information sharing.

(a) Whenever a State or local law enforcement authority

learns of a case of an illness, health condition, or unusual

disease or symptom cluster, reportable pursuant to rules

adopted by the Department or by a local board of health or

local public health authority, or a suspicious event that may

be the cause of or related to a public health emergency, as

that term is defined in Section 4 of the Illinois Emergency

Management Agency Act, it shall immediately notify the Illinois

Emergency Management Agency and the Department or local board

of health or local public health authority.

(b) Whenever the Department or a local board of health or

local public health authority learns of a case of an illness,

health condition, or unusual disease or symptom cluster,

reportable pursuant to rules adopted by the Department or by a

local board of health or a local public health authority, or a

suspicious event that it reasonably believes has the potential

to be the cause of or related to a public health emergency, as

that term is defined in Section 4 of the Illinois Emergency

Management Agency Act, it shall immediately notify the Illinois

Emergency Management Agency, the appropriate State and local

law enforcement authorities, other appropriate State agencies,

and federal health and law enforcement authorities and, after

that notification, it shall provide law enforcement

authorities with such other information as law enforcement

authorities may request for the purpose of conducting a

criminal investigation or a criminal prosecution of or arising

out of that matter. No information containing the identity or

tending to reveal the identity of any person may be redisclosed

by law enforcement, except in a prosecution of that person for

the commission of a crime.

(c) Sharing of information on reportable illnesses, health

conditions, unusual disease or symptom clusters, or suspicious

events between and among public health and law enforcement

authorities shall be restricted to the information necessary

for the treatment in response to, control of, investigation of,

and prevention of a public health emergency, as that term is

defined in Section 4 of the Illinois Emergency Management

Agency Act, or for criminal investigation or criminal

prosecution of or arising out of that matter.

(d) The operation of the language of this Section is not

dependent upon a declaration of disaster by the Governor

pursuant to the Illinois Emergency Management Agency Act.

(Source: P.A. 93-829, eff. 7-28-04; revised 11-25-14.)

Section 90. The Illinois Commission on Volunteerism and

Community Service Act is amended by changing Section 6.1 as

follows:

(20 ILCS 2330/6.1) (was 20 ILCS 710/6.1)

Sec. 6.1. Functions of Commission. The Commission shall

meet at least quarterly and shall advise and consult with the

Department of Public Health and the Governor's Office on all

matters relating to community service in Illinois. In addition,

the Commission shall have the following duties:

(a) prepare a 3-year State service plan, developed

through an open, public process and updated annually;

(b) prepare the financial assistance applications of

the State under the National and Community Service Trust

Fund Act of 1993, as amended by the Serve America Act;

(c) assist in the preparation of the application by the

State Board of Education for assistance under that Act;

(d) prepare the State's application under that Act for

the approval of national service positions;

(e) assist in the provision of health care and child

care benefits under that Act;

(f) develop a State recruitment, placement, and

information dissemination system for participants in

programs that receive assistance under the national

service laws;

(g) administer the State's grant program including

selection, oversight, and evaluation of grant recipients;

(h) make technical assistance available to enable

applicants to plan and implement service programs and to

apply for assistance under the national service laws;

(i) develop projects, training methods, curriculum

materials, and other activities related to service;

(j) coordinate its functions with any division of the

federal Corporation for National and Community Service

outlined in the National and Community Service Trust Fund

Act of 1993, as amended by the Serve America Act; .

(k) publicize Commission services and promote

community involvement in the activities of the Commission;

(l) promote increased visibility and support for

volunteers of all ages, especially youth and senior

citizens, and community service in meeting the needs of

Illinois residents; and

(m) represent the Department of Public Health and the

Governor's Office on such occasions and in such manner as

the Department may provide.

(Source: P.A. 98-692, eff. 7-1-14; revised 11-25-14.)

Section 95. The Blind Vendors Act is amended by changing

Section 30 as follows:

(20 ILCS 2421/30)

Sec. 30. Vending machine income and compliance.

(a) Except as provided in subsections (b), (c), (d), (e),

and (i) of this Section, after July 1, 2010, all vending

machine income, as defined by this Act, from vending machines

on State property shall accrue to (1) the blind vendor

operating the vending facilities on the property or (2) in the

event there is no blind vendor operating a facility on the

property, the Blind Vendors Trust Fund for use exclusively as

set forth in subsection (a) of Section 25 of this Act.

(b) Notwithstanding the provisions of subsection (a) of

this Section, all State university cafeterias and vending

machines are exempt from this Act.

(c) Notwithstanding the provisions of subsection (a) of

this Section, all vending facilities at the Governor Samuel H.

Shapiro Developmental Center in Kankakee are exempt from this

Act.

(d) Notwithstanding the provisions of subsection (a) of

this Section, in the event there is no blind vendor operating a

vending facility on the State property, all vending machine

income, as defined in this Act, from vending machines on the

State property of the Department of Corrections and the

Department of Juvenile Justice shall accrue to the State agency

and be allocated in accordance with the commissary provisions

in the Unified Code of Corrections.

(e) Notwithstanding the provisions of subsection (a) of

this Section, in the event a blind vendor is operating a

vending facility on the State property of the Department of or

Corrections or the Department of Juvenile Justice, a commission

shall be paid to the State agency equal to 10% of the net

proceeds from vending machines servicing State employees and

25% of the net proceeds from vending machines servicing

visitors on the State property.

(f) The Secretary, directly or by delegation of authority,

shall ensure compliance with this Section and Section 15 of

this Act with respect to buildings, installations, facilities,

roadside rest stops, and any other State property, and shall be

responsible for the collection of, and accounting for, all

vending machine income on this property. The Secretary shall

enforce these provisions through litigation, arbitration, or

any other legal means available to the State, and each State

agency in control of this property shall be subject to the

enforcement. State agencies or departments failing to comply

with an order of the Department may be held in contempt in any

court of general jurisdiction.

(g) Any limitation on the placement or operation of a

vending machine by a State agency based on a determination that

such placement or operation would adversely affect the

interests of the State must be explained in writing to the

Secretary. The Secretary shall promptly determine whether the

limitation is justified. If the Secretary determines that the

limitation is not justified, the State agency seeking the

limitation shall immediately remove the limitation.

(h) The amount of vending machine income accruing from

vending machines on State property that may be used for the

functions of the Committee shall be determined annually by a

two-thirds vote of the Committee, except that no more than 25%

of the annual vending machine income may be used by the

Committee for this purpose, based upon the income accruing to

the Blind Vendors Trust Fund in the preceding year. The

Committee may establish its budget and expend funds through

contract or otherwise without the approval of the Department.

(i) Notwithstanding the provisions of subsection (a) of

this Section, with respect to vending machines located on any

facility or property controlled or operated by the Division of

Mental Health or the Division of Developmental Disabilities

within the Department of Human Services:

(1) Any written contract in place as of the effective

date of this Act between the Division and the Business

Enterprise Program for the Blind shall be maintained and

fully adhered to including any moneys paid to the

individual facilities.

(2) With respect to existing vending machines with no

written contract or agreement in place as of the effective

date of this Act between the Division and a private vendor,

bottler, or vending machine supplier, the Business

Enterprise Program for the Blind has the right to provide

the vending services as provided in this Act, provided that

the blind vendor must provide 10% of gross sales from those

machines to the individual facilities.

(Source: P.A. 96-644, eff. 1-1-10; revised 11-25-14.)

Section 100. The Criminal Identification Act is amended by

changing Sections 4.5 and 5.2 as follows:

(20 ILCS 2630/4.5)

Sec. 4.5. Ethnic and racial data collection.

(a) Ethnic and racial data for every adult or juvenile

arrested shall be collected at the following points of contact

by the entity identified in this subsection or another entity

authorized and qualified to collect and report on this data:

(1) at arrest or booking, by the supervising law

enforcement agency;

(2) upon admittance to the Department of Corrections,

by the Department of Corrections;

(3) upon admittance to the Department of Juvenile

Justice, by the Department of Juvenile Justice; and

(4) (3) upon transfer from the Department of Juvenile

Justice to the Department of Corrections, by the Department

of Juvenile Justice.

(b) Ethnic and racial data shall be collected through

selection of one of the following categories:

(1) American Indian or Alaskan Native;

(2) Asian or Pacific Islander;

(3) Black or African American;

(4) White or Caucasian;

(5) Hispanic or Latino; or

(6) Unknown.

(c) The collecting entity shall make a good-faith effort to

collect race and ethnicity information as self-reported by the

adult or juvenile. If the adult or juvenile is unable or

unwilling to provide race and ethnicity information, the

collecting entity shall make a good-faith effort to deduce the

race and ethnicity of the adult or juvenile.

(Source: P.A. 98-528, eff. 1-1-15; revised 11-25-14.)

(20 ILCS 2630/5.2)

Sec. 5.2. Expungement and sealing.

(a) General Provisions.

(1) Definitions. In this Act, words and phrases have

the meanings set forth in this subsection, except when a

particular context clearly requires a different meaning.

(A) The following terms shall have the meanings

ascribed to them in the Unified Code of Corrections,

730 ILCS 5/5-1-2 through 5/5-1-22:

(i) Business Offense (730 ILCS 5/5-1-2),

(ii) Charge (730 ILCS 5/5-1-3),

(iii) Court (730 ILCS 5/5-1-6),

(iv) Defendant (730 ILCS 5/5-1-7),

(v) Felony (730 ILCS 5/5-1-9),

(vi) Imprisonment (730 ILCS 5/5-1-10),

(vii) Judgment (730 ILCS 5/5-1-12),

(viii) Misdemeanor (730 ILCS 5/5-1-14),

(ix) Offense (730 ILCS 5/5-1-15),

(x) Parole (730 ILCS 5/5-1-16),

(xi) Petty Offense (730 ILCS 5/5-1-17),

(xii) Probation (730 ILCS 5/5-1-18),

(xiii) Sentence (730 ILCS 5/5-1-19),

(xiv) Supervision (730 ILCS 5/5-1-21), and

(xv) Victim (730 ILCS 5/5-1-22).

(B) As used in this Section, "charge not initiated

by arrest" means a charge (as defined by 730 ILCS

5/5-1-3) brought against a defendant where the

defendant is not arrested prior to or as a direct

result of the charge.

(C) "Conviction" means a judgment of conviction or

sentence entered upon a plea of guilty or upon a

verdict or finding of guilty of an offense, rendered by

a legally constituted jury or by a court of competent

jurisdiction authorized to try the case without a jury.

An order of supervision successfully completed by the

petitioner is not a conviction. An order of qualified

probation (as defined in subsection (a)(1)(J))

successfully completed by the petitioner is not a

conviction. An order of supervision or an order of

qualified probation that is terminated

unsatisfactorily is a conviction, unless the

unsatisfactory termination is reversed, vacated, or

modified and the judgment of conviction, if any, is

reversed or vacated.

(D) "Criminal offense" means a petty offense,

business offense, misdemeanor, felony, or municipal

ordinance violation (as defined in subsection

(a)(1)(H)). As used in this Section, a minor traffic

offense (as defined in subsection (a)(1)(G)) shall not

be considered a criminal offense.

(E) "Expunge" means to physically destroy the

records or return them to the petitioner and to

obliterate the petitioner's name from any official

index or public record, or both. Nothing in this Act

shall require the physical destruction of the circuit

court file, but such records relating to arrests or

charges, or both, ordered expunged shall be impounded

as required by subsections (d)(9)(A)(ii) and

(d)(9)(B)(ii).

(F) As used in this Section, "last sentence" means

the sentence, order of supervision, or order of

qualified probation (as defined by subsection

(a)(1)(J)), for a criminal offense (as defined by

subsection (a)(1)(D)) that terminates last in time in

any jurisdiction, regardless of whether the petitioner

has included the criminal offense for which the

sentence or order of supervision or qualified

probation was imposed in his or her petition. If

multiple sentences, orders of supervision, or orders

of qualified probation terminate on the same day and

are last in time, they shall be collectively considered

the "last sentence" regardless of whether they were

ordered to run concurrently.

(G) "Minor traffic offense" means a petty offense,

business offense, or Class C misdemeanor under the

Illinois Vehicle Code or a similar provision of a

municipal or local ordinance.

(H) "Municipal ordinance violation" means an

offense defined by a municipal or local ordinance that

is criminal in nature and with which the petitioner was

charged or for which the petitioner was arrested and

released without charging.

(I) "Petitioner" means an adult or a minor

prosecuted as an adult who has applied for relief under

this Section.

(J) "Qualified probation" means an order of

probation under Section 10 of the Cannabis Control Act,

Section 410 of the Illinois Controlled Substances Act,

Section 70 of the Methamphetamine Control and

Community Protection Act, Section 5-6-3.3 or 5-6-3.4

of the Unified Code of Corrections, Section

12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

those provisions existed before their deletion by

Public Act 89-313), Section 10-102 of the Illinois

Alcoholism and Other Drug Dependency Act, Section

40-10 of the Alcoholism and Other Drug Abuse and

Dependency Act, or Section 10 of the Steroid Control

Act. For the purpose of this Section, "successful

completion" of an order of qualified probation under

Section 10-102 of the Illinois Alcoholism and Other

Drug Dependency Act and Section 40-10 of the Alcoholism

and Other Drug Abuse and Dependency Act means that the

probation was terminated satisfactorily and the

judgment of conviction was vacated.

(K) "Seal" means to physically and electronically

maintain the records, unless the records would

otherwise be destroyed due to age, but to make the

records unavailable without a court order, subject to

the exceptions in Sections 12 and 13 of this Act. The

petitioner's name shall also be obliterated from the

official index required to be kept by the circuit court

clerk under Section 16 of the Clerks of Courts Act, but

any index issued by the circuit court clerk before the

entry of the order to seal shall not be affected.

(L) "Sexual offense committed against a minor"

includes but is not limited to the offenses of indecent

solicitation of a child or criminal sexual abuse when

the victim of such offense is under 18 years of age.

(M) "Terminate" as it relates to a sentence or

order of supervision or qualified probation includes

either satisfactory or unsatisfactory termination of

the sentence, unless otherwise specified in this

Section.

(2) Minor Traffic Offenses. Orders of supervision or

convictions for minor traffic offenses shall not affect a

petitioner's eligibility to expunge or seal records

pursuant to this Section.

(3) Exclusions. Except as otherwise provided in

subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)

of this Section, the court shall not order:

(A) the sealing or expungement of the records of

arrests or charges not initiated by arrest that result

in an order of supervision for or conviction of: (i)

any sexual offense committed against a minor; (ii)

Section 11-501 of the Illinois Vehicle Code or a

similar provision of a local ordinance; or (iii)

Section 11-503 of the Illinois Vehicle Code or a

similar provision of a local ordinance, unless the

arrest or charge is for a misdemeanor violation of

subsection (a) of Section 11-503 or a similar provision

of a local ordinance, that occurred prior to the

offender reaching the age of 25 years and the offender

has no other conviction for violating Section 11-501 or

11-503 of the Illinois Vehicle Code or a similar

provision of a local ordinance.

(B) the sealing or expungement of records of minor

traffic offenses (as defined in subsection (a)(1)(G)),

unless the petitioner was arrested and released

without charging.

(C) the sealing of the records of arrests or

charges not initiated by arrest which result in an

order of supervision or a conviction for the following

offenses:

(i) offenses included in Article 11 of the

Criminal Code of 1961 or the Criminal Code of 2012

or a similar provision of a local ordinance, except

Section 11-14 of the Criminal Code of 1961 or the

Criminal Code of 2012, or a similar provision of a

local ordinance;

(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,

26-5, or 48-1 of the Criminal Code of 1961 or the

Criminal Code of 2012, or a similar provision of a

local ordinance;

(iii) Sections 12-3.1 or 12-3.2 of the

Criminal Code of 1961 or the Criminal Code of 2012,

or Section 125 of the Stalking No Contact Order

Act, or Section 219 of the Civil No Contact Order

Act, or a similar provision of a local ordinance;

(iv) offenses which are Class A misdemeanors

under the Humane Care for Animals Act; or

(v) any offense or attempted offense that

would subject a person to registration under the

Sex Offender Registration Act.

(D) the sealing of the records of an arrest which

results in the petitioner being charged with a felony

offense or records of a charge not initiated by arrest

for a felony offense unless:

(i) the charge is amended to a misdemeanor and

is otherwise eligible to be sealed pursuant to

subsection (c);

(ii) the charge is brought along with another

charge as a part of one case and the charge results

in acquittal, dismissal, or conviction when the

conviction was reversed or vacated, and another

charge brought in the same case results in a

disposition for a misdemeanor offense that is

eligible to be sealed pursuant to subsection (c) or

a disposition listed in paragraph (i), (iii), or

(iv) of this subsection;

(iii) the charge results in first offender

probation as set forth in subsection (c)(2)(E);

(iv) the charge is for a felony offense listed

in subsection (c)(2)(F) or the charge is amended to

a felony offense listed in subsection (c)(2)(F);

(v) the charge results in acquittal,

dismissal, or the petitioner's release without

conviction; or

(vi) the charge results in a conviction, but

the conviction was reversed or vacated.

(b) Expungement.

(1) A petitioner may petition the circuit court to

expunge the records of his or her arrests and charges not

initiated by arrest when:

(A) He or she has never been convicted of a

criminal offense; and

(B) Each arrest or charge not initiated by arrest

sought to be expunged resulted in: (i) acquittal,

dismissal, or the petitioner's release without

charging, unless excluded by subsection (a)(3)(B);

(ii) a conviction which was vacated or reversed, unless

excluded by subsection (a)(3)(B); (iii) an order of

supervision and such supervision was successfully

completed by the petitioner, unless excluded by

subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of

qualified probation (as defined in subsection

(a)(1)(J)) and such probation was successfully

completed by the petitioner.

(2) Time frame for filing a petition to expunge.

(A) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an acquittal,

dismissal, the petitioner's release without charging,

or the reversal or vacation of a conviction, there is

no waiting period to petition for the expungement of

such records.

(B) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

supervision, successfully completed by the petitioner,

the following time frames will apply:

(i) Those arrests or charges that resulted in

orders of supervision under Section 3-707, 3-708,

3-710, or 5-401.3 of the Illinois Vehicle Code or a

similar provision of a local ordinance, or under

Section 11-1.50, 12-3.2, or 12-15 of the Criminal

Code of 1961 or the Criminal Code of 2012, or a

similar provision of a local ordinance, shall not

be eligible for expungement until 5 years have

passed following the satisfactory termination of

the supervision.

(i-5) Those arrests or charges that resulted

in orders of supervision for a misdemeanor

violation of subsection (a) of Section 11-503 of

the Illinois Vehicle Code or a similar provision of

a local ordinance, that occurred prior to the

offender reaching the age of 25 years and the

offender has no other conviction for violating

Section 11-501 or 11-503 of the Illinois Vehicle

Code or a similar provision of a local ordinance

shall not be eligible for expungement until the

petitioner has reached the age of 25 years.

(ii) Those arrests or charges that resulted in

orders of supervision for any other offenses shall

not be eligible for expungement until 2 years have

passed following the satisfactory termination of

the supervision.

(C) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

qualified probation, successfully completed by the

petitioner, such records shall not be eligible for

expungement until 5 years have passed following the

satisfactory termination of the probation.

(3) Those records maintained by the Department for

persons arrested prior to their 17th birthday shall be

expunged as provided in Section 5-915 of the Juvenile Court

Act of 1987.

(4) Whenever a person has been arrested for or

convicted of any offense, in the name of a person whose

identity he or she has stolen or otherwise come into

possession of, the aggrieved person from whom the identity

was stolen or otherwise obtained without authorization,

upon learning of the person having been arrested using his

or her identity, may, upon verified petition to the chief

judge of the circuit wherein the arrest was made, have a

court order entered nunc pro tunc by the Chief Judge to

correct the arrest record, conviction record, if any, and

all official records of the arresting authority, the

Department, other criminal justice agencies, the

prosecutor, and the trial court concerning such arrest, if

any, by removing his or her name from all such records in

connection with the arrest and conviction, if any, and by

inserting in the records the name of the offender, if known

or ascertainable, in lieu of the aggrieved's name. The

records of the circuit court clerk shall be sealed until

further order of the court upon good cause shown and the

name of the aggrieved person obliterated on the official

index required to be kept by the circuit court clerk under

Section 16 of the Clerks of Courts Act, but the order shall

not affect any index issued by the circuit court clerk

before the entry of the order. Nothing in this Section

shall limit the Department of State Police or other

criminal justice agencies or prosecutors from listing

under an offender's name the false names he or she has

used.

(5) Whenever a person has been convicted of criminal

sexual assault, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, criminal

sexual abuse, or aggravated criminal sexual abuse, the

victim of that offense may request that the State's

Attorney of the county in which the conviction occurred

file a verified petition with the presiding trial judge at

the petitioner's trial to have a court order entered to

seal the records of the circuit court clerk in connection

with the proceedings of the trial court concerning that

offense. However, the records of the arresting authority

and the Department of State Police concerning the offense

shall not be sealed. The court, upon good cause shown,

shall make the records of the circuit court clerk in

connection with the proceedings of the trial court

concerning the offense available for public inspection.

(6) If a conviction has been set aside on direct review

or on collateral attack and the court determines by clear

and convincing evidence that the petitioner was factually

innocent of the charge, the court that finds the petitioner

factually innocent of the charge shall enter an expungement

order for the conviction for which the petitioner has been

determined to be innocent as provided in subsection (b) of

Section 5-5-4 of the Unified Code of Corrections.

(7) Nothing in this Section shall prevent the

Department of State Police from maintaining all records of

any person who is admitted to probation upon terms and

conditions and who fulfills those terms and conditions

pursuant to Section 10 of the Cannabis Control Act, Section

410 of the Illinois Controlled Substances Act, Section 70

of the Methamphetamine Control and Community Protection

Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of

Corrections, Section 12-4.3 or subdivision (b)(1) of

Section 12-3.05 of the Criminal Code of 1961 or the

Criminal Code of 2012, Section 10-102 of the Illinois

Alcoholism and Other Drug Dependency Act, Section 40-10 of

the Alcoholism and Other Drug Abuse and Dependency Act, or

Section 10 of the Steroid Control Act.

(8) If the petitioner has been granted a certificate of

innocence under Section 2-702 of the Code of Civil

Procedure, the court that grants the certificate of

innocence shall also enter an order expunging the

conviction for which the petitioner has been determined to

be innocent as provided in subsection (h) of Section 2-702

of the Code of Civil Procedure.

(c) Sealing.

(1) Applicability. Notwithstanding any other provision

of this Act to the contrary, and cumulative with any rights

to expungement of criminal records, this subsection

authorizes the sealing of criminal records of adults and of

minors prosecuted as adults.

(2) Eligible Records. The following records may be

sealed:

(A) All arrests resulting in release without

charging;

(B) Arrests or charges not initiated by arrest

resulting in acquittal, dismissal, or conviction when

the conviction was reversed or vacated, except as

excluded by subsection (a)(3)(B);

(C) Arrests or charges not initiated by arrest

resulting in orders of supervision, including orders

of supervision for municipal ordinance violations,

successfully completed by the petitioner, unless

excluded by subsection (a)(3);

(D) Arrests or charges not initiated by arrest

resulting in convictions, including convictions on

municipal ordinance violations, unless excluded by

subsection (a)(3);

(E) Arrests or charges not initiated by arrest

resulting in orders of first offender probation under

Section 10 of the Cannabis Control Act, Section 410 of

the Illinois Controlled Substances Act, Section 70 of

the Methamphetamine Control and Community Protection

Act, or Section 5-6-3.3 of the Unified Code of

Corrections; and

(F) Arrests or charges not initiated by arrest

resulting in felony convictions for the following

offenses:

(i) Class 4 felony convictions for:

Prostitution under Section 11-14 of the

Criminal Code of 1961 or the Criminal Code of

2012.

Possession of cannabis under Section 4 of

the Cannabis Control Act.

Possession of a controlled substance under

Section 402 of the Illinois Controlled

Substances Act.

Offenses under the Methamphetamine

Precursor Control Act.

Offenses under the Steroid Control Act.

Theft under Section 16-1 of the Criminal

Code of 1961 or the Criminal Code of 2012.

Retail theft under Section 16A-3 or

paragraph (a) of 16-25 of the Criminal Code of

1961 or the Criminal Code of 2012.

Deceptive practices under Section 17-1 of

the Criminal Code of 1961 or the Criminal Code

of 2012.

Forgery under Section 17-3 of the Criminal

Code of 1961 or the Criminal Code of 2012.

Possession of burglary tools under Section

19-2 of the Criminal Code of 1961 or the

Criminal Code of 2012.

(ii) Class 3 felony convictions for:

Theft under Section 16-1 of the Criminal

Code of 1961 or the Criminal Code of 2012.

Retail theft under Section 16A-3 or

paragraph (a) of 16-25 of the Criminal Code of

1961 or the Criminal Code of 2012.

Deceptive practices under Section 17-1 of

the Criminal Code of 1961 or the Criminal Code

of 2012.

Forgery under Section 17-3 of the Criminal

Code of 1961 or the Criminal Code of 2012.

Possession with intent to manufacture or

deliver a controlled substance under Section

401 of the Illinois Controlled Substances Act.

(3) When Records Are Eligible to Be Sealed. Records

identified as eligible under subsection (c)(2) may be

sealed as follows:

(A) Records identified as eligible under

subsection (c)(2)(A) and (c)(2)(B) may be sealed at any

time.

(B) Records identified as eligible under

subsection (c)(2)(C) may be sealed (i) 3 years after

the termination of petitioner's last sentence (as

defined in subsection (a)(1)(F)) if the petitioner has

never been convicted of a criminal offense (as defined

in subsection (a)(1)(D)); or (ii) 4 years after the

termination of the petitioner's last sentence (as

defined in subsection (a)(1)(F)) if the petitioner has

ever been convicted of a criminal offense (as defined

in subsection (a)(1)(D)).

(C) Records identified as eligible under

subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be

sealed 4 years after the termination of the

petitioner's last sentence (as defined in subsection

(a)(1)(F)).

(D) Records identified in subsection

(a)(3)(A)(iii) may be sealed after the petitioner has

reached the age of 25 years.

(4) Subsequent felony convictions. A person may not

have subsequent felony conviction records sealed as

provided in this subsection (c) if he or she is convicted

of any felony offense after the date of the sealing of

prior felony convictions as provided in this subsection

(c). The court may, upon conviction for a subsequent felony

offense, order the unsealing of prior felony conviction

records previously ordered sealed by the court.

(5) Notice of eligibility for sealing. Upon entry of a

disposition for an eligible record under this subsection

(c), the petitioner shall be informed by the court of the

right to have the records sealed and the procedures for the

sealing of the records.

(d) Procedure. The following procedures apply to

expungement under subsections (b), (e), and (e-6) and sealing

under subsections (c) and (e-5):

(1) Filing the petition. Upon becoming eligible to

petition for the expungement or sealing of records under

this Section, the petitioner shall file a petition

requesting the expungement or sealing of records with the

clerk of the court where the arrests occurred or the

charges were brought, or both. If arrests occurred or

charges were brought in multiple jurisdictions, a petition

must be filed in each such jurisdiction. The petitioner

shall pay the applicable fee, if not waived.

(2) Contents of petition. The petition shall be

verified and shall contain the petitioner's name, date of

birth, current address and, for each arrest or charge not

initiated by arrest sought to be sealed or expunged, the

case number, the date of arrest (if any), the identity of

the arresting authority, and such other information as the

court may require. During the pendency of the proceeding,

the petitioner shall promptly notify the circuit court

clerk of any change of his or her address. If the

petitioner has received a certificate of eligibility for

sealing from the Prisoner Review Board under paragraph (10)

of subsection (a) of Section 3-3-2 of the Unified Code of

Corrections, the certificate shall be attached to the

petition.

(3) Drug test. The petitioner must attach to the

petition proof that the petitioner has passed a test taken

within 30 days before the filing of the petition showing

the absence within his or her body of all illegal

substances as defined by the Illinois Controlled

Substances Act, the Methamphetamine Control and Community

Protection Act, and the Cannabis Control Act if he or she

is petitioning to:

(A) seal felony records under clause (c)(2)(E);

(B) seal felony records for a violation of the

Illinois Controlled Substances Act, the

Methamphetamine Control and Community Protection Act,

or the Cannabis Control Act under clause (c)(2)(F);

(C) seal felony records under subsection (e-5); or

(D) expunge felony records of a qualified

probation under clause (b)(1)(B)(iv).

(4) Service of petition. The circuit court clerk shall

promptly serve a copy of the petition and documentation to

support the petition under subsection (e-5) or (e-6) on the

State's Attorney or prosecutor charged with the duty of

prosecuting the offense, the Department of State Police,

the arresting agency and the chief legal officer of the

unit of local government effecting the arrest.

(5) Objections.

(A) Any party entitled to notice of the petition

may file an objection to the petition. All objections

shall be in writing, shall be filed with the circuit

court clerk, and shall state with specificity the basis

of the objection. Whenever a person who has been

convicted of an offense is granted a pardon by the

Governor which specifically authorizes expungement, an

objection to the petition may not be filed.

(B) Objections to a petition to expunge or seal

must be filed within 60 days of the date of service of

the petition.

(6) Entry of order.

(A) The Chief Judge of the circuit wherein the

charge was brought, any judge of that circuit

designated by the Chief Judge, or in counties of less

than 3,000,000 inhabitants, the presiding trial judge

at the petitioner's trial, if any, shall rule on the

petition to expunge or seal as set forth in this

subsection (d)(6).

(B) Unless the State's Attorney or prosecutor, the

Department of State Police, the arresting agency, or

the chief legal officer files an objection to the

petition to expunge or seal within 60 days from the

date of service of the petition, the court shall enter

an order granting or denying the petition.

(7) Hearings. If an objection is filed, the court shall

set a date for a hearing and notify the petitioner and all

parties entitled to notice of the petition of the hearing

date at least 30 days prior to the hearing. Prior to the

hearing, the State's Attorney shall consult with the

Department as to the appropriateness of the relief sought

in the petition to expunge or seal. At the hearing, the

court shall hear evidence on whether the petition should or

should not be granted, and shall grant or deny the petition

to expunge or seal the records based on the evidence

presented at the hearing. The court may consider the

following:

(A) the strength of the evidence supporting the

defendant's conviction;

(B) the reasons for retention of the conviction

records by the State;

(C) the petitioner's age, criminal record history,

and employment history;

(D) the period of time between the petitioner's

arrest on the charge resulting in the conviction and

the filing of the petition under this Section; and

(E) the specific adverse consequences the

petitioner may be subject to if the petition is denied.

(8) Service of order. After entering an order to

expunge or seal records, the court must provide copies of

the order to the Department, in a form and manner

prescribed by the Department, to the petitioner, to the

State's Attorney or prosecutor charged with the duty of

prosecuting the offense, to the arresting agency, to the

chief legal officer of the unit of local government

effecting the arrest, and to such other criminal justice

agencies as may be ordered by the court.

(9) Implementation of order.

(A) Upon entry of an order to expunge records

pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:

(i) the records shall be expunged (as defined

in subsection (a)(1)(E)) by the arresting agency,

the Department, and any other agency as ordered by

the court, within 60 days of the date of service of

the order, unless a motion to vacate, modify, or

reconsider the order is filed pursuant to

paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

and

(iii) in response to an inquiry for expunged

records, the court, the Department, or the agency

receiving such inquiry, shall reply as it does in

response to inquiries when no records ever

existed.

(B) Upon entry of an order to expunge records

pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:

(i) the records shall be expunged (as defined

in subsection (a)(1)(E)) by the arresting agency

and any other agency as ordered by the court,

within 60 days of the date of service of the order,

unless a motion to vacate, modify, or reconsider

the order is filed pursuant to paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Department within 60 days of the date of service of

the order as ordered by the court, unless a motion

to vacate, modify, or reconsider the order is filed

pursuant to paragraph (12) of subsection (d) of

this Section;

(iv) records impounded by the Department may

be disseminated by the Department only as required

by law or to the arresting authority, the State's

Attorney, and the court upon a later arrest for the

same or a similar offense or for the purpose of

sentencing for any subsequent felony, and to the

Department of Corrections upon conviction for any

offense; and

(v) in response to an inquiry for such records

from anyone not authorized by law to access such

records, the court, the Department, or the agency

receiving such inquiry shall reply as it does in

response to inquiries when no records ever

existed.

(B-5) Upon entry of an order to expunge records

under subsection (e-6):

(i) the records shall be expunged (as defined

in subsection (a)(1)(E)) by the arresting agency

and any other agency as ordered by the court,

within 60 days of the date of service of the order,

unless a motion to vacate, modify, or reconsider

the order is filed under paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Department within 60 days of the date of service of

the order as ordered by the court, unless a motion

to vacate, modify, or reconsider the order is filed

under paragraph (12) of subsection (d) of this

Section;

(iv) records impounded by the Department may

be disseminated by the Department only as required

by law or to the arresting authority, the State's

Attorney, and the court upon a later arrest for the

same or a similar offense or for the purpose of

sentencing for any subsequent felony, and to the

Department of Corrections upon conviction for any

offense; and

(v) in response to an inquiry for these records

from anyone not authorized by law to access the

records, the court, the Department, or the agency

receiving the inquiry shall reply as it does in

response to inquiries when no records ever

existed.

(C) Upon entry of an order to seal records under

subsection (c), the arresting agency, any other agency

as ordered by the court, the Department, and the court

shall seal the records (as defined in subsection

(a)(1)(K)). In response to an inquiry for such records

from anyone not authorized by law to access such

records, the court, the Department, or the agency

receiving such inquiry shall reply as it does in

response to inquiries when no records ever existed.

(D) The Department shall send written notice to the

petitioner of its compliance with each order to expunge

or seal records within 60 days of the date of service

of that order or, if a motion to vacate, modify, or

reconsider is filed, within 60 days of service of the

order resolving the motion, if that order requires the

Department to expunge or seal records. In the event of

an appeal from the circuit court order, the Department

shall send written notice to the petitioner of its

compliance with an Appellate Court or Supreme Court

judgment to expunge or seal records within 60 days of

the issuance of the court's mandate. The notice is not

required while any motion to vacate, modify, or

reconsider, or any appeal or petition for

discretionary appellate review, is pending.

(10) Fees. The Department may charge the petitioner a

fee equivalent to the cost of processing any order to

expunge or seal records. Notwithstanding any provision of

the Clerks of Courts Act to the contrary, the circuit court

clerk may charge a fee equivalent to the cost associated

with the sealing or expungement of records by the circuit

court clerk. From the total filing fee collected for the

petition to seal or expunge, the circuit court clerk shall

deposit $10 into the Circuit Court Clerk Operation and

Administrative Fund, to be used to offset the costs

incurred by the circuit court clerk in performing the

additional duties required to serve the petition to seal or

expunge on all parties. The circuit court clerk shall

collect and forward the Department of State Police portion

of the fee to the Department and it shall be deposited in

the State Police Services Fund.

(11) Final Order. No court order issued under the

expungement or sealing provisions of this Section shall

become final for purposes of appeal until 30 days after

service of the order on the petitioner and all parties

entitled to notice of the petition.

(12) Motion to Vacate, Modify, or Reconsider. Under

Section 2-1203 of the Code of Civil Procedure, the

petitioner or any party entitled to notice may file a

motion to vacate, modify, or reconsider the order granting

or denying the petition to expunge or seal within 60 days

of service of the order. If filed more than 60 days after

service of the order, a petition to vacate, modify, or

reconsider shall comply with subsection (c) of Section

2-1401 of the Code of Civil Procedure. Upon filing of a

motion to vacate, modify, or reconsider, notice of the

motion shall be served upon the petitioner and all parties

entitled to notice of the petition.

(13) Effect of Order. An order granting a petition

under the expungement or sealing provisions of this Section

shall not be considered void because it fails to comply

with the provisions of this Section or because of any error

asserted in a motion to vacate, modify, or reconsider. The

circuit court retains jurisdiction to determine whether

the order is voidable and to vacate, modify, or reconsider

its terms based on a motion filed under paragraph (12) of

this subsection (d).

(14) Compliance with Order Granting Petition to Seal

Records. Unless a court has entered a stay of an order

granting a petition to seal, all parties entitled to notice

of the petition must fully comply with the terms of the

order within 60 days of service of the order even if a

party is seeking relief from the order through a motion

filed under paragraph (12) of this subsection (d) or is

appealing the order.

(15) Compliance with Order Granting Petition to

Expunge Records. While a party is seeking relief from the

order granting the petition to expunge through a motion

filed under paragraph (12) of this subsection (d) or is

appealing the order, and unless a court has entered a stay

of that order, the parties entitled to notice of the

petition must seal, but need not expunge, the records until

there is a final order on the motion for relief or, in the

case of an appeal, the issuance of that court's mandate.

(16) The changes to this subsection (d) made by Public

Act 98-163 apply to all petitions pending on August 5, 2013

(the effective date of Public Act 98-163) and to all orders

ruling on a petition to expunge or seal on or after August

5, 2013 (the effective date of Public Act 98-163).

(e) Whenever a person who has been convicted of an offense

is granted a pardon by the Governor which specifically

authorizes expungement, he or she may, upon verified petition

to the Chief Judge of the circuit where the person had been

convicted, any judge of the circuit designated by the Chief

Judge, or in counties of less than 3,000,000 inhabitants, the

presiding trial judge at the defendant's trial, have a court

order entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Department be sealed until

further order of the court upon good cause shown or as

otherwise provided herein, and the name of the defendant

obliterated from the official index requested to be kept by the

circuit court clerk under Section 16 of the Clerks of Courts

Act in connection with the arrest and conviction for the

offense for which he or she had been pardoned but the order

shall not affect any index issued by the circuit court clerk

before the entry of the order. All records sealed by the

Department may be disseminated by the Department only to the

arresting authority, the State's Attorney, and the court upon a

later arrest for the same or similar offense or for the purpose

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all sealed records of the Department pertaining

to that individual. Upon entry of the order of expungement, the

circuit court clerk shall promptly mail a copy of the order to

the person who was pardoned.

(e-5) Whenever a person who has been convicted of an

offense is granted a certificate of eligibility for sealing by

the Prisoner Review Board which specifically authorizes

sealing, he or she may, upon verified petition to the Chief

Judge of the circuit where the person had been convicted, any

judge of the circuit designated by the Chief Judge, or in

counties of less than 3,000,000 inhabitants, the presiding

trial judge at the petitioner's trial, have a court order

entered sealing the record of arrest from the official records

of the arresting authority and order that the records of the

circuit court clerk and the Department be sealed until further

order of the court upon good cause shown or as otherwise

provided herein, and the name of the petitioner obliterated

from the official index requested to be kept by the circuit

court clerk under Section 16 of the Clerks of Courts Act in

connection with the arrest and conviction for the offense for

which he or she had been granted the certificate but the order

shall not affect any index issued by the circuit court clerk

before the entry of the order. All records sealed by the

Department may be disseminated by the Department only as

required by this Act or to the arresting authority, a law

enforcement agency, the State's Attorney, and the court upon a

later arrest for the same or similar offense or for the purpose

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all sealed records of the Department pertaining

to that individual. Upon entry of the order of sealing, the

circuit court clerk shall promptly mail a copy of the order to

the person who was granted the certificate of eligibility for

sealing.

(e-6) Whenever a person who has been convicted of an

offense is granted a certificate of eligibility for expungement

by the Prisoner Review Board which specifically authorizes

expungement, he or she may, upon verified petition to the Chief

Judge of the circuit where the person had been convicted, any

judge of the circuit designated by the Chief Judge, or in

counties of less than 3,000,000 inhabitants, the presiding

trial judge at the petitioner's trial, have a court order

entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Department be sealed until

further order of the court upon good cause shown or as

otherwise provided herein, and the name of the petitioner

obliterated from the official index requested to be kept by the

circuit court clerk under Section 16 of the Clerks of Courts

Act in connection with the arrest and conviction for the

offense for which he or she had been granted the certificate

but the order shall not affect any index issued by the circuit

court clerk before the entry of the order. All records sealed

by the Department may be disseminated by the Department only as

required by this Act or to the arresting authority, a law

enforcement agency, the State's Attorney, and the court upon a

later arrest for the same or similar offense or for the purpose

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all expunged records of the Department

pertaining to that individual. Upon entry of the order of

expungement, the circuit court clerk shall promptly mail a copy

of the order to the person who was granted the certificate of

eligibility for expungement.

(f) Subject to available funding, the Illinois Department

of Corrections shall conduct a study of the impact of sealing,

especially on employment and recidivism rates, utilizing a

random sample of those who apply for the sealing of their

criminal records under Public Act 93-211. At the request of the

Illinois Department of Corrections, records of the Illinois

Department of Employment Security shall be utilized as

appropriate to assist in the study. The study shall not

disclose any data in a manner that would allow the

identification of any particular individual or employing unit.

The study shall be made available to the General Assembly no

later than September 1, 2010.

(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;

97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.

1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,

eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,

eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,

eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;

98-1009, eff. 1-1-15; revised 9-30-14.)

Section 105. The Illinois Health Facilities Planning Act is

amended by changing Sections 3 and 12 as follows:

(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)

(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, organizations, and related persons:

(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.

(A) If a demonstration project under the Nursing

Home Care 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.

(B) Except as provided in item (A) of this

subsection, this Act does not apply to facilities

granted waivers under Section 3-102.2 of the Nursing

Home Care Act.

(3.5) Skilled and intermediate care facilities

licensed under the ID/DD Community Care Act. (A) No permit

or exemption is required for a facility licensed under the

ID/DD Community Care Act prior to the reduction of the

number of beds at a facility. If there is a total reduction

of beds at a facility licensed under the ID/DD Community

Care Act, this is a discontinuation or closure of the

facility. If a facility licensed under the ID/DD Community

Care Act reduces the number of beds or discontinues the

facility, that facility must notify the Board as provided

in Section 14.1 of this Act.

(3.7) Facilities licensed under the Specialized Mental

Health Rehabilitation Act of 2013.

(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.

(A) 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.

(B) 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.

(C) The Board, however, may require dialysis

facilities and licensed nursing homes under items (A)

and (B) of this subsection 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.

(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, including,

but not limited to, cardiac catheterization and open heart

surgery.

(8) An institution, place, building, or room housing

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.

"Health care facilities" does not include the following

entities or facility transactions:

(1) Federally-owned facilities.

(2) Facilities used solely for healing by prayer or

spiritual means.

(3) An 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.

(4) Facilities licensed under the Supportive

Residences Licensing Act or the Assisted Living and Shared

Housing Act.

(5) Facilities designated as supportive living

facilities that are in good standing with the program

established under Section 5-5.01a of the Illinois Public

Aid Code.

(6) Facilities established and operating under the

Alternative Health Care Delivery Act as a children's

community-based health care center 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.

(7) The closure of an entity or a portion of an entity

licensed under the Nursing Home Care Act, the Specialized

Mental Health Rehabilitation Act of 2013, or the ID/DD

Community Care Act, with the exception of facilities

operated by a county or Illinois Veterans Homes, that elect

to convert, in whole or in part, to an assisted living or

shared housing establishment licensed under the Assisted

Living and Shared Housing Act and with the exception of a

facility licensed under the Specialized Mental Health

Rehabilitation Act of 2013 in connection with a proposal to

close a facility and re-establish the facility in another

location.

(8) Any change of ownership of a health care healthcare

facility that is licensed under the Nursing Home Care Act,

the Specialized Mental Health Rehabilitation Act of 2013,

or the ID/DD Community Care Act, with the exception 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. children's community-based health care center of 2013

and with the exception of a facility licensed under the

Specialized Mental Health Rehabilitation Act of 2013 in

connection with a proposal to close a facility and

re-establish the facility in another location of 2013

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, unless the entity constructs, modifies,

or establishes a health care facility as specifically defined

in this Section. 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.

"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.

"Category of service" means a grouping by generic class of

various types or levels of support functions, equipment, care,

or treatment provided to patients or residents, including, but

not limited to, classes such as medical-surgical, pediatrics,

or cardiac catheterization. A category of service may include

subcategories or levels of care that identify a particular

degree or type of care within the category of service. Nothing

in this definition shall be construed to include the practice

of a physician or other licensed health care professional while

functioning in an office providing for the care, diagnosis, or

treatment of patients. A category of service that is subject to

the Board's jurisdiction must be designated in rules adopted by

the Board.

"State Board Staff Report" means the document that sets

forth the review and findings of the State Board staff, as

prescribed by the State Board, regarding applications subject

to Board jurisdiction.

(Source: P.A. 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; 97-813,

eff. 7-13-12; 97-980, eff. 8-17-12; 98-414, eff. 1-1-14;

98-629, eff. 1-1-15; 98-651, eff. 6-16-14; 98-1086, eff.

8-26-14; revised 10-22-14.)

(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. Beginning no later than January 1, 2013,

the Department of Public Health shall produce a written annual

report to the Governor and the General Assembly regarding the

development of the Center for Comprehensive Health Planning.

The Chairman of the State Board and the State Board

Administrator shall also receive a copy of the annual report.

(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, which shall be reviewed by the

Board within 120 days;

(b) Projects proposing a (1) new service within an

existing healthcare facility or (2) discontinuation of a

service within an existing healthcare facility, 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. Requests for a

written decision shall be made within 15 days after the Board

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. State Board members shall provide

their rationale when voting on an item before the State Board

at a State Board meeting in order to comply with subsection (b)

of Section 3-108 of the Administrative Review Law of the Code

of Civil Procedure. The transcript of the State Board meeting

shall be incorporated into the Board's final decision. The

staff of the Board shall prepare a written copy of the final

decision and the Board shall approve a final copy for inclusion

in the formal record. The Board shall consider, for approval,

the written draft of the final decision no later than the next

scheduled Board meeting. The written decision shall identify

the applicable criteria and factors listed in this Act and the

Board's regulations that were taken into consideration by the

Board when coming to a final decision. If the Board denies or

fails to approve an application for permit or exemption, the

Board shall include in the final decision a detailed

explanation as to why the application was denied and identify

what specific criteria or standards the applicant did not

fulfill.

(12) Require at least one of its members to participate in

any public hearing, after the appointment of a majority of the

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 Subcommittee shall

evaluate, and make recommendations to the State Board

regarding, the buying, selling, and exchange of beds between

long-term care facilities within a specified geographic area or

drive time. 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 no later than

September 30, 2011. 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.

(16) Prescribe and provide forms pertaining to the State

Board Staff Report. A State Board Staff Report shall pertain to

applications that include, but are not limited to, applications

for permit or exemption, applications for permit renewal,

applications for extension of the obligation period,

applications requesting a declaratory ruling, or applications

under the Health Care Worker Self-Referral Self Referral Act.

State Board Staff Reports shall compare applications to the

relevant review criteria under the Board's rules.

(17) (16) Establish a separate set of rules and guidelines

for facilities licensed under the Specialized Mental Health

Rehabilitation Act of 2013. An application for the

re-establishment of a facility in connection with the

relocation of the facility shall not be granted unless the

applicant has a contractual relationship with at least one

hospital to provide emergency and inpatient mental health

services required by facility consumers, and at least one

community mental health agency to provide oversight and

assistance to facility consumers while living in the facility,

and appropriate services, including case management, to assist

them to prepare for discharge and reside stably in the

community thereafter. No new facilities licensed under the

Specialized Mental Health Rehabilitation Act of 2013 shall be

established after June 16, 2014 (the effective date of Public

Act 98-651) this amendatory Act of the 98th General Assembly

except in connection with the relocation of an existing

facility to a new location. An application for a new location

shall not be approved unless there are adequate community

services accessible to the consumers within a reasonable

distance, or by use of public transportation, so as to

facilitate the goal of achieving maximum individual self-care

and independence. At no time shall the total number of

authorized beds under this Act in facilities licensed under the

Specialized Mental Health Rehabilitation Act of 2013 exceed the

number of authorized beds on June 16, 2014 (the effective date

of Public Act 98-651) this amendatory Act of the 98th General

Assembly.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,

eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12;

98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff.

6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)

Section 110. The Home Repair and Construction Task Force

Act is amended by changing Section 20 as follows:

(20 ILCS 5050/20)

(Section scheduled to be repealed on January 1, 2016)

Sec. 20. Duties. The Task Force shall:

(1) discuss whether the residents of Illinois would

benefit from legislation requiring home repair and

construction service providers to obtain a license from the

Department of Financial and Professional Regulation before

offering these theses services in Illinois;

(2) if it is determined that licensure is required,

determine:

(A) the requirements applicants must meet to

qualify for a license;

(B) grounds for denial or revocation of a license;

and

(C) any other considerations relevant to a

licensing requirement; and

(3) make recommendations to the General Assembly.

(Source: P.A. 98-1030, eff. 8-25-14; revised 11-25-14.)

Section 115. The State Finance Act is amended by setting

forth and renumbering multiple versions of Section 5.855 and by

changing Sections 6z-43 and 8.12 as follows:

(30 ILCS 105/5.855)

Sec. 5.855. The Special Olympics Illinois and Special

Children's Charities Fund.

(Source: P.A. 98-649, eff. 6-16-14.)

(30 ILCS 105/5.856)

Sec. 5.856 5.855. The Supportive Living Facility Fund.

(Source: P.A. 98-651, eff. 6-16-14; revised 9-23-14.)

(30 ILCS 105/5.857)

(Section scheduled to be repealed on July 1, 2016)

Sec. 5.857 5.855. The Capital Development Board Revolving

Fund. This Section is repealed July 1, 2016.

(Source: P.A. 98-674, eff. 6-30-14; revised 9-23-14.)

(30 ILCS 105/5.858)

Sec. 5.858 5.855. The Hospital Licensure Fund.

(Source: P.A. 98-683, eff. 6-30-14; revised 9-23-14.)

(30 ILCS 105/5.859)

Sec. 5.859 5.855. The Illinois National Guard Billeting

Fund.

(Source: P.A. 98-733, eff. 7-16-14; revised 9-23-14.)

(30 ILCS 105/5.860)

Sec. 5.860 5.855. The Job Opportunities for Qualified

Applicants Enforcement Fund.

(Source: P.A. 98-774, eff. 1-1-15; revised 9-23-14.)

(30 ILCS 105/5.861)

Sec. 5.861 5.855. The Distance Learning Fund.

(Source: P.A. 98-792, eff. 1-1-15; revised 9-23-14.)

(30 ILCS 105/5.862)

Sec. 5.862 5.855. The State Treasurer's Administrative

Fund.

(Source: P.A. 98-965, eff. 8-15-14; revised 9-23-14.)

(30 ILCS 105/5.863)

Sec. 5.863 5.855. The Stroke Data Collection Fund.

(Source: P.A. 98-1001, eff. 1-1-15; revised 9-23-14.)

(30 ILCS 105/5.864)

Sec. 5.864 5.855. The Natural Resources Restoration Trust

Fund.

(Source: P.A. 98-1010, eff. 8-19-14; revised 9-23-14.)

(30 ILCS 105/5.865)

Sec. 5.865 5.855. The Specialized Services for Survivors of

Human Trafficking Fund.

(Source: P.A. 98-1013, eff. 1-1-15; revised 9-23-14.)

(30 ILCS 105/5.867)

(This Section may contain text from a Public Act with a

delayed effective date)

Sec. 5.867 5.855. The Illinois Secure Choice

Administrative Fund.

(Source: P.A. 98-1150, eff. 6-1-15; revised 2-2-15.)

(30 ILCS 105/6z-43)

Sec. 6z-43. Tobacco Settlement Recovery Fund.

(a) There is created in the State Treasury a special fund

to be known as the Tobacco Settlement Recovery Fund, which

shall contain 3 accounts: (i) the General Account, (ii) the

Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco

Settlement Residual Account. There shall be deposited into the

several accounts of the Tobacco Settlement Recovery Fund and

the Attorney General Tobacco Fund all monies paid to the State

pursuant to (1) the Master Settlement Agreement entered in the

case of People of the State of Illinois v. Philip Morris, et

al. (Circuit Court of Cook County, No. 96-L13146) and (2) any

settlement with or judgment against any tobacco product

manufacturer other than one participating in the Master

Settlement Agreement in satisfaction of any released claim as

defined in the Master Settlement Agreement, as well as any

other monies as provided by law. Moneys shall be deposited into

the Tobacco Settlement Bond Proceeds Account and the Tobacco

Settlement Residual Account as provided by the terms of the

Railsplitter Tobacco Settlement Authority Act, provided that

an annual amount not less than $2,500,000, subject to

appropriation, shall be deposited into the Attorney General

Tobacco Fund for use only by the Attorney General's office. The

scheduled $2,500,000 deposit into the Tobacco Settlement

Residual Account for fiscal year 2011 should be transferred to

the Attorney General Tobacco Fund in fiscal year 2012 as soon

as this fund has been established. All other moneys available

to be deposited into the Tobacco Settlement Recovery Fund shall

be deposited into the General Account. An investment made from

moneys credited to a specific account constitutes part of that

account and such account shall be credited with all income from

the investment of such moneys. The Treasurer may invest the

moneys in the several accounts the Fund in the same manner, in

the same types of investments, and subject to the same

limitations provided in the Illinois Pension Code for the

investment of pension funds other than those established under

Article 3 or 4 of the Code. Notwithstanding the foregoing, to

the extent necessary to preserve the tax-exempt status of any

bonds issued pursuant to the Railsplitter Tobacco Settlement

Authority Act, the interest on which is intended to be

excludable from the gross income of the owners for federal

income tax purposes, moneys on deposit in the Tobacco

Settlement Bond Proceeds Account and the Tobacco Settlement

Residual Account may be invested in obligations the interest

upon which is tax-exempt under the provisions of Section 103 of

the Internal Revenue Code of 1986, as now or hereafter amended,

or any successor code or provision.

(b) Moneys on deposit in the Tobacco Settlement Bond

Proceeds Account and the Tobacco Settlement Residual Account

may be expended, subject to appropriation, for the purposes

authorized in subsection (g) of Section 3-6 Section 6(g) of the

Railsplitter Tobacco Settlement Authority Act.

(c) As soon as may be practical after June 30, 2001, upon

notification from and at the direction of the Governor, the

State Comptroller shall direct and the State Treasurer shall

transfer the unencumbered balance in the Tobacco Settlement

Recovery Fund as of June 30, 2001, as determined by the

Governor, into the Budget Stabilization Fund. The Treasurer may

invest the moneys in the Budget Stabilization Fund in the same

manner, in the same types of investments, and subject to the

same limitations provided in the Illinois Pension Code for the

investment of pension funds other than those established under

Article 3 or 4 of the Code.

(d) All federal financial participation moneys received

pursuant to expenditures from the Fund shall be deposited into

the General Account.

(Source: P.A. 96-958, eff. 7-1-10; 97-72, eff. 7-1-11; revised

12-1-14.)

(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)

Sec. 8.12. State Pensions Fund.

(a) The moneys in the State Pensions Fund shall be used

exclusively for the administration of the Uniform Disposition

of Unclaimed Property Act and for the expenses incurred by the

Auditor General for administering the provisions of Section

2-8.1 of the Illinois State Auditing Act and for the funding of

the unfunded liabilities of the designated retirement systems.

Beginning in State fiscal year 2016, payments to the designated

retirement systems under this Section shall be in addition to,

and not in lieu of, any State contributions required under the

Illinois Pension Code.

"Designated retirement systems" means:

(1) the State Employees' Retirement System of

Illinois;

(2) the Teachers' Retirement System of the State of

Illinois;

(3) the State Universities Retirement System;

(4) the Judges Retirement System of Illinois; and

(5) the General Assembly Retirement System.

(b) Each year the General Assembly may make appropriations

from the State Pensions Fund for the administration of the

Uniform Disposition of Unclaimed Property Act.

Each month, the Commissioner of the Office of Banks and

Real Estate shall certify to the State Treasurer the actual

expenditures that the Office of Banks and Real Estate incurred

conducting unclaimed property examinations under the Uniform

Disposition of Unclaimed Property Act during the immediately

preceding month. Within a reasonable time following the

acceptance of such certification by the State Treasurer, the

State Treasurer shall pay from its appropriation from the State

Pensions Fund to the Bank and Trust Company Fund, the Savings

Bank Regulatory Fund, and the Residential Finance Regulatory

Fund an amount equal to the expenditures incurred by each Fund

for that month.

Each month, the Director of Financial Institutions shall

certify to the State Treasurer the actual expenditures that the

Department of Financial Institutions incurred conducting

unclaimed property examinations under the Uniform Disposition

of Unclaimed Property Act during the immediately preceding

month. Within a reasonable time following the acceptance of

such certification by the State Treasurer, the State Treasurer

shall pay from its appropriation from the State Pensions Fund

to the Financial Institution Fund and the Credit Union Fund an

amount equal to the expenditures incurred by each Fund for that

month.

(c) As soon as possible after the effective date of this

amendatory Act of the 93rd General Assembly, the General

Assembly shall appropriate from the State Pensions Fund (1) to

the State Universities Retirement System the amount certified

under Section 15-165 during the prior year, (2) to the Judges

Retirement System of Illinois the amount certified under

Section 18-140 during the prior year, and (3) to the General

Assembly Retirement System the amount certified under Section

2-134 during the prior year as part of the required State

contributions to each of those designated retirement systems;

except that amounts appropriated under this subsection (c) in

State fiscal year 2005 shall not reduce the amount in the State

Pensions Fund below $5,000,000. If the amount in the State

Pensions Fund does not exceed the sum of the amounts certified

in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,

the amount paid to each designated retirement system under this

subsection shall be reduced in proportion to the amount

certified by each of those designated retirement systems.

(c-5) For fiscal years 2006 through 2015, the General

Assembly shall appropriate from the State Pensions Fund to the

State Universities Retirement System the amount estimated to be

available during the fiscal year in the State Pensions Fund;

provided, however, that the amounts appropriated under this

subsection (c-5) shall not reduce the amount in the State

Pensions Fund below $5,000,000.

(c-6) For fiscal year 2016 and each fiscal year thereafter,

as soon as may be practical after any money is deposited into

the State Pensions Fund from the Unclaimed Property Trust Fund,

the State Treasurer shall apportion the deposited amount among

the designated retirement systems as defined in subsection (a)

to reduce their actuarial reserve deficiencies. The State

Comptroller and State Treasurer shall pay the apportioned

amounts to the designated retirement systems to fund the

unfunded liabilities of the designated retirement systems. The

amount apportioned to each designated retirement system shall

constitute a portion of the amount estimated to be available

for appropriation from the State Pensions Fund that is the same

as that retirement system's portion of the total actual reserve

deficiency of the systems, as determined annually by the

Governor's Office of Management and Budget at the request of

the State Treasurer. The amounts apportioned under this

subsection shall not reduce the amount in the State Pensions

Fund below $5,000,000.

(d) The Governor's Office of Management and Budget shall

determine the individual and total reserve deficiencies of the

designated retirement systems. For this purpose, the

Governor's Office of Management and Budget shall utilize the

latest available audit and actuarial reports of each of the

retirement systems and the relevant reports and statistics of

the Public Employee Pension Fund Division of the Department of

Insurance.

(d-1) As soon as practicable after the effective date of

this amendatory Act of the 93rd General Assembly, the

Comptroller shall direct and the Treasurer shall transfer from

the State Pensions Fund to the General Revenue Fund, as funds

become available, a sum equal to the amounts that would have

been paid from the State Pensions Fund to the Teachers'

Retirement System of the State of Illinois, the State

Universities Retirement System, the Judges Retirement System

of Illinois, the General Assembly Retirement System, and the

State Employees' Retirement System of Illinois after the

effective date of this amendatory Act during the remainder of

fiscal year 2004 to the designated retirement systems from the

appropriations provided for in this Section if the transfers

provided in Section 6z-61 had not occurred. The transfers

described in this subsection (d-1) are to partially repay the

General Revenue Fund for the costs associated with the bonds

used to fund the moneys transferred to the designated

retirement systems under Section 6z-61.

(e) The changes to this Section made by this amendatory Act

of 1994 shall first apply to distributions from the Fund for

State fiscal year 1996.

(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,

eff. 6-19-13; 98-463, eff. 8-16-13; 98-674, eff. 6-30-14;

98-1081, eff. 1-1-15; revised 10-1-14.)

Section 120. The Public Funds Investment Act is amended by

changing Section 6.5 as follows:

(30 ILCS 235/6.5)

Sec. 6.5. Federally insured deposits at Illinois financial

institutions.

(a) Notwithstanding any other provision of this Act or any

other statute, whenever a public agency invests public funds in

an interest-bearing savings account, demand deposit account,

interest-bearing certificate of deposit, or interest-bearing

time deposit under Section 2 of this Act, the provisions of

Section 6 of this Act and any other statutory requirements

pertaining to the eligibility of a bank to receive or hold

public deposits or to the pledging of collateral by a bank to

secure public deposits do not apply to any bank receiving or

holding all or part of the invested public funds if (i) the

public agency initiates the investment at or through a bank

located in Illinois and (ii) the invested public funds are at

all times fully insured by an agency or instrumentality of the

federal government.

(b) Nothing in this Section is intended to:

(1) prohibit a public agency from requiring the bank at

or through which the investment of public funds is

initiated to provide the public agency with the information

otherwise required by subsection (a), (b), or (c) of

Section 6 of this Act as a condition of investing the

public funds at or through that bank; or

(2) permit a bank to receive or hold public deposits if

that bank is prohibited from doing so by any rule,

sanction, or order issued by a regulatory agency or by a

court.

(c) For purposes of this Section, the term "bank" includes

any person doing a banking business whether subject to the laws

of this or any other jurisdiction.

(Source: P.A. 98-703, eff. 7-7-14; 98-756, eff. 7-16-14;

revised 10-2-14.)

Section 125. The Illinois Coal Technology Development

Assistance Act is amended by changing Section 3 as follows:

(30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)

Sec. 3. Transfers to Coal Technology Development

Assistance Fund Funds. As soon as may be practicable after the

first day of each month, the Department of Revenue shall

certify to the Treasurer an amount equal to 1/64 of the revenue

realized from the tax imposed by the Electricity Excise Tax

Law, Section 2 of the Public Utilities Revenue Act, Section 2

of the Messages Tax Act, and Section 2 of the Gas Revenue Tax

Act, during the preceding month. Upon receipt of the

certification, the Treasurer shall transfer the amount shown on

such certification from the General Revenue Fund to the Coal

Technology Development Assistance Fund, which is hereby

created as a special fund in the State treasury, except that no

transfer shall be made in any month in which the Fund has

reached the following balance:

(1) $7,000,000 during fiscal year 1994.

(2) $8,500,000 during fiscal year 1995.

(3) $10,000,000 during fiscal years 1996 and 1997.

(4) During fiscal year 1998 through fiscal year 2004,

an amount equal to the sum of $10,000,000 plus additional

moneys deposited into the Coal Technology Development

Assistance Fund from the Renewable Energy Resources and

Coal Technology Development Assistance Charge under

Section 6.5 of the Renewable Energy, Energy Efficiency, and

Coal Resources Development Law of 1997.

(5) During fiscal year 2005, an amount equal to the sum

of $7,000,000 plus additional moneys deposited into the

Coal Technology Development Assistance Fund from the

Renewable Energy Resources and Coal Technology Development

Assistance Charge under Section 6.5 of the Renewable

Energy, Energy Efficiency, and Coal Resources Development

Law of 1997.

(6) During fiscal year 2006 and each fiscal year

thereafter, an amount equal to the sum of $10,000,000 plus

additional moneys deposited into the Coal Technology

Development Assistance Fund from the Renewable Energy

Resources and Coal Technology Development Assistance

Charge under Section 6.5 of the Renewable Energy, Energy

Efficiency, and Coal Resources Development Law of 1997.

(Source: P.A. 93-839, eff. 7-30-04; revised 12-1-14.)

Section 130. The Charitable Trust Stabilization Act is

amended by changing Section 10 as follows:

(30 ILCS 790/10)

Sec. 10. The Charitable Trust Stabilization Committee.

(a) The Charitable Trust Stabilization Committee is

created. The Committee consists of the following members:

(1) the Attorney General or his or her designee, who

shall serve as co-chair of the Committee;

(2) a member that represents the Office of the State

Treasurer that is appointed by the Treasurer, who shall

serve as co-chair of the Committee;

(3) the Lieutenant Governor or his or her designee;

(4) the Director of Commerce and Economic Opportunity

or his or her designee;

(5) the chief executive officer of the Division of

Financial Institutions in the Department of Financial and

Professional Regulation Regulations or his or her

designee; and

(6) six private citizens, who shall serve a term of 6

years, appointed by the State Treasurer with advice and

consent of the Senate.

(b) The State Treasurer shall adopt rules, including

procedures and criteria for grant awards. The Committee must

meet at least once each calendar quarter, and it may establish

committees and officers as it deems necessary. For purposes of

Committee meetings, a quorum is a majority of the members.

Meetings of the Committee are subject to the Open Meetings Act.

The Committee must afford an opportunity for public comment at

each of its meetings.

(c) Committee members shall serve without compensation,

but may be reimbursed for their reasonable travel expenses from

funds available for that purpose. The Office of the State

Treasurer shall, subject to appropriation, provide staff and

administrative support services to the Committee.

(d) The State Treasurer shall administer the Charitable

Trust Stabilization Fund.

The State Treasurer may transfer all or a portion of the

balance of the fund to a third-party administrator to fulfill

the mission of the Committee and the purposes of the fund in

accordance with this Act and in compliance with Section 5(c) of

this Act.

(Source: P.A. 97-274, eff. 8-8-11; revised 12-1-14.)

Section 135. The State Mandates Act is amended by changing

Section 8.38 as follows:

(30 ILCS 805/8.38)

Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8

of this Act, no reimbursement by the State is required for the

implementation of any mandate created by Public Act 98-641,

98-666, 98-729, 98-930, or 98-1027 this amendatory Act of the

98th General Assembly.

(Source: P.A. 98-641, eff. 6-9-14; 98-666, eff. 1-1-15; 98-729,

eff. 7-26-14; 98-930, eff. 1-1-15; 98-1027, eff. 1-1-15;

revised 10-6-14.)

Section 140. The Illinois Income Tax Act is amended by

changing Section 901 as follows:

(35 ILCS 5/901) (from Ch. 120, par. 9-901)

Sec. 901. Collection authority.

(a) In general.

The Department shall collect the taxes imposed by this Act.

The Department shall collect certified past due child support

amounts under Section 2505-650 of the Department of Revenue Law

(20 ILCS 2505/2505-650). Except as provided in subsections (c),

(e), (f), (g), and (h) of this Section, money collected

pursuant to subsections (a) and (b) of Section 201 of this Act

shall be paid into the General Revenue Fund in the State

treasury; money collected pursuant to subsections (c) and (d)

of Section 201 of this Act shall be paid into the Personal

Property Tax Replacement Fund, a special fund in the State

Treasury; and money collected under Section 2505-650 of the

Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid

into the Child Support Enforcement Trust Fund, a special fund

outside the State Treasury, or to the State Disbursement Unit

established under Section 10-26 of the Illinois Public Aid

Code, as directed by the Department of Healthcare and Family

Services.

(b) Local Government Distributive Fund.

Beginning August 1, 1969, and continuing through June 30,

1994, the Treasurer shall transfer each month from the General

Revenue Fund to a special fund in the State treasury, to be

known as the "Local Government Distributive Fund", an amount

equal to 1/12 of the net revenue realized from the tax imposed

by subsections (a) and (b) of Section 201 of this Act during

the preceding month. Beginning July 1, 1994, and continuing

through June 30, 1995, the Treasurer shall transfer each month

from the General Revenue Fund to the Local Government

Distributive Fund an amount equal to 1/11 of the net revenue

realized from the tax imposed by subsections (a) and (b) of

Section 201 of this Act during the preceding month. Beginning

July 1, 1995 and continuing through January 31, 2011, the

Treasurer shall transfer each month from the General Revenue

Fund to the Local Government Distributive Fund an amount equal

to the net of (i) 1/10 of the net revenue realized from the tax

imposed by subsections (a) and (b) of Section 201 of the

Illinois Income Tax Act during the preceding month (ii) minus,

beginning July 1, 2003 and ending June 30, 2004, $6,666,666,

and beginning July 1, 2004, zero. Beginning February 1, 2011,

and continuing through January 31, 2015, the Treasurer shall

transfer each month from the General Revenue Fund to the Local

Government Distributive Fund an amount equal to the sum of (i)

6% (10% of the ratio of the 3% individual income tax rate prior

to 2011 to the 5% individual income tax rate after 2010) of the

net revenue realized from the tax imposed by subsections (a)

and (b) of Section 201 of this Act upon individuals, trusts,

and estates during the preceding month and (ii) 6.86% (10% of

the ratio of the 4.8% corporate income tax rate prior to 2011

to the 7% corporate income tax rate after 2010) of the net

revenue realized from the tax imposed by subsections (a) and

(b) of Section 201 of this Act upon corporations during the

preceding month. Beginning February 1, 2015 and continuing

through January 31, 2025, the Treasurer shall transfer each

month from the General Revenue Fund to the Local Government

Distributive Fund an amount equal to the sum of (i) 8% (10% of

the ratio of the 3% individual income tax rate prior to 2011 to

the 3.75% individual income tax rate after 2014) of the net

revenue realized from the tax imposed by subsections (a) and

(b) of Section 201 of this Act upon individuals, trusts, and

estates during the preceding month and (ii) 9.14% (10% of the

ratio of the 4.8% corporate income tax rate prior to 2011 to

the 5.25% corporate income tax rate after 2014) of the net

revenue realized from the tax imposed by subsections (a) and

(b) of Section 201 of this Act upon corporations during the

preceding month. Beginning February 1, 2025, the Treasurer

shall transfer each month from the General Revenue Fund to the

Local Government Distributive Fund an amount equal to the sum

of (i) 9.23% (10% of the ratio of the 3% individual income tax

rate prior to 2011 to the 3.25% individual income tax rate

after 2024) of the net revenue realized from the tax imposed by

subsections (a) and (b) of Section 201 of this Act upon

individuals, trusts, and estates during the preceding month and

(ii) 10% of the net revenue realized from the tax imposed by

subsections (a) and (b) of Section 201 of this Act upon

corporations during the preceding month. Net revenue realized

for a month shall be defined as the revenue from the tax

imposed by subsections (a) and (b) of Section 201 of this Act

which is deposited in the General Revenue Fund, the Education

Assistance Fund, the Income Tax Surcharge Local Government

Distributive Fund, the Fund for the Advancement of Education,

and the Commitment to Human Services Fund during the month

minus the amount paid out of the General Revenue Fund in State

warrants during that same month as refunds to taxpayers for

overpayment of liability under the tax imposed by subsections

(a) and (b) of Section 201 of this Act.

Beginning on August 26, 2014 (the effective date of Public

Act 98-1052) this amendatory Act of the 98th General Assembly,

the Comptroller shall perform the transfers required by this

subsection (b) no later than 60 days after he or she receives

the certification from the Treasurer as provided in Section 1

of the State Revenue Sharing Act.

(c) Deposits Into Income Tax Refund Fund.

(1) Beginning on January 1, 1989 and thereafter, the

Department shall deposit a percentage of the amounts

collected pursuant to subsections (a) and (b)(1), (2), and

(3), of Section 201 of this Act into a fund in the State

treasury known as the Income Tax Refund Fund. The

Department shall deposit 6% of such amounts during the

period beginning January 1, 1989 and ending on June 30,

1989. Beginning with State fiscal year 1990 and for each

fiscal year thereafter, the percentage deposited into the

Income Tax Refund Fund during a fiscal year shall be the

Annual Percentage. For fiscal years 1999 through 2001, the

Annual Percentage shall be 7.1%. For fiscal year 2003, the

Annual Percentage shall be 8%. For fiscal year 2004, the

Annual Percentage shall be 11.7%. Upon the effective date

of this amendatory Act of the 93rd General Assembly, the

Annual Percentage shall be 10% for fiscal year 2005. For

fiscal year 2006, the Annual Percentage shall be 9.75%. For

fiscal year 2007, the Annual Percentage shall be 9.75%. For

fiscal year 2008, the Annual Percentage shall be 7.75%. For

fiscal year 2009, the Annual Percentage shall be 9.75%. For

fiscal year 2010, the Annual Percentage shall be 9.75%. For

fiscal year 2011, the Annual Percentage shall be 8.75%. For

fiscal year 2012, the Annual Percentage shall be 8.75%. For

fiscal year 2013, the Annual Percentage shall be 9.75%. For

fiscal year 2014, the Annual Percentage shall be 9.5%. For

fiscal year 2015, the Annual Percentage shall be 10%. For

all other fiscal years, the Annual Percentage shall be

calculated as a fraction, the numerator of which shall be

the amount of refunds approved for payment by the

Department during the preceding fiscal year as a result of

overpayment of tax liability under subsections (a) and

(b)(1), (2), and (3) of Section 201 of this Act plus the

amount of such refunds remaining approved but unpaid at the

end of the preceding fiscal year, minus the amounts

transferred into the Income Tax Refund Fund from the

Tobacco Settlement Recovery Fund, and the denominator of

which shall be the amounts which will be collected pursuant

to subsections (a) and (b)(1), (2), and (3) of Section 201

of this Act during the preceding fiscal year; except that

in State fiscal year 2002, the Annual Percentage shall in

no event exceed 7.6%. The Director of Revenue shall certify

the Annual Percentage to the Comptroller on the last

business day of the fiscal year immediately preceding the

fiscal year for which it is to be effective.

(2) Beginning on January 1, 1989 and thereafter, the

Department shall deposit a percentage of the amounts

collected pursuant to subsections (a) and (b)(6), (7), and

(8), (c) and (d) of Section 201 of this Act into a fund in

the State treasury known as the Income Tax Refund Fund. The

Department shall deposit 18% of such amounts during the

period beginning January 1, 1989 and ending on June 30,

1989. Beginning with State fiscal year 1990 and for each

fiscal year thereafter, the percentage deposited into the

Income Tax Refund Fund during a fiscal year shall be the

Annual Percentage. For fiscal years 1999, 2000, and 2001,

the Annual Percentage shall be 19%. For fiscal year 2003,

the Annual Percentage shall be 27%. For fiscal year 2004,

the Annual Percentage shall be 32%. Upon the effective date

of this amendatory Act of the 93rd General Assembly, the

Annual Percentage shall be 24% for fiscal year 2005. For

fiscal year 2006, the Annual Percentage shall be 20%. For

fiscal year 2007, the Annual Percentage shall be 17.5%. For

fiscal year 2008, the Annual Percentage shall be 15.5%. For

fiscal year 2009, the Annual Percentage shall be 17.5%. For

fiscal year 2010, the Annual Percentage shall be 17.5%. For

fiscal year 2011, the Annual Percentage shall be 17.5%. For

fiscal year 2012, the Annual Percentage shall be 17.5%. For

fiscal year 2013, the Annual Percentage shall be 14%. For

fiscal year 2014, the Annual Percentage shall be 13.4%. For

fiscal year 2015, the Annual Percentage shall be 14%. For

all other fiscal years, the Annual Percentage shall be

calculated as a fraction, the numerator of which shall be

the amount of refunds approved for payment by the

Department during the preceding fiscal year as a result of

overpayment of tax liability under subsections (a) and

(b)(6), (7), and (8), (c) and (d) of Section 201 of this

Act plus the amount of such refunds remaining approved but

unpaid at the end of the preceding fiscal year, and the

denominator of which shall be the amounts which will be

collected pursuant to subsections (a) and (b)(6), (7), and

(8), (c) and (d) of Section 201 of this Act during the

preceding fiscal year; except that in State fiscal year

2002, the Annual Percentage shall in no event exceed 23%.

The Director of Revenue shall certify the Annual Percentage

to the Comptroller on the last business day of the fiscal

year immediately preceding the fiscal year for which it is

to be effective.

(3) The Comptroller shall order transferred and the

Treasurer shall transfer from the Tobacco Settlement

Recovery Fund to the Income Tax Refund Fund (i) $35,000,000

in January, 2001, (ii) $35,000,000 in January, 2002, and

(iii) $35,000,000 in January, 2003.

(d) Expenditures from Income Tax Refund Fund.

(1) Beginning January 1, 1989, money in the Income Tax

Refund Fund shall be expended exclusively for the purpose

of paying refunds resulting from overpayment of tax

liability under Section 201 of this Act, for paying rebates

under Section 208.1 in the event that the amounts in the

Homeowners' Tax Relief Fund are insufficient for that

purpose, and for making transfers pursuant to this

subsection (d).

(2) The Director shall order payment of refunds

resulting from overpayment of tax liability under Section

201 of this Act from the Income Tax Refund Fund only to the

extent that amounts collected pursuant to Section 201 of

this Act and transfers pursuant to this subsection (d) and

item (3) of subsection (c) have been deposited and retained

in the Fund.

(3) As soon as possible after the end of each fiscal

year, the Director shall order transferred and the State

Treasurer and State Comptroller shall transfer from the

Income Tax Refund Fund to the Personal Property Tax

Replacement Fund an amount, certified by the Director to

the Comptroller, equal to the excess of the amount

collected pursuant to subsections (c) and (d) of Section

201 of this Act deposited into the Income Tax Refund Fund

during the fiscal year over the amount of refunds resulting

from overpayment of tax liability under subsections (c) and

(d) of Section 201 of this Act paid from the Income Tax

Refund Fund during the fiscal year.

(4) As soon as possible after the end of each fiscal

year, the Director shall order transferred and the State

Treasurer and State Comptroller shall transfer from the

Personal Property Tax Replacement Fund to the Income Tax

Refund Fund an amount, certified by the Director to the

Comptroller, equal to the excess of the amount of refunds

resulting from overpayment of tax liability under

subsections (c) and (d) of Section 201 of this Act paid

from the Income Tax Refund Fund during the fiscal year over

the amount collected pursuant to subsections (c) and (d) of

Section 201 of this Act deposited into the Income Tax

Refund Fund during the fiscal year.

(4.5) As soon as possible after the end of fiscal year

1999 and of each fiscal year thereafter, the Director shall

order transferred and the State Treasurer and State

Comptroller shall transfer from the Income Tax Refund Fund

to the General Revenue Fund any surplus remaining in the

Income Tax Refund Fund as of the end of such fiscal year;

excluding for fiscal years 2000, 2001, and 2002 amounts

attributable to transfers under item (3) of subsection (c)

less refunds resulting from the earned income tax credit.

(5) This Act shall constitute an irrevocable and

continuing appropriation from the Income Tax Refund Fund

for the purpose of paying refunds upon the order of the

Director in accordance with the provisions of this Section.

(e) Deposits into the Education Assistance Fund and the

Income Tax Surcharge Local Government Distributive Fund.

On July 1, 1991, and thereafter, of the amounts collected

pursuant to subsections (a) and (b) of Section 201 of this Act,

minus deposits into the Income Tax Refund Fund, the Department

shall deposit 7.3% into the Education Assistance Fund in the

State Treasury. Beginning July 1, 1991, and continuing through

January 31, 1993, of the amounts collected pursuant to

subsections (a) and (b) of Section 201 of the Illinois Income

Tax Act, minus deposits into the Income Tax Refund Fund, the

Department shall deposit 3.0% into the Income Tax Surcharge

Local Government Distributive Fund in the State Treasury.

Beginning February 1, 1993 and continuing through June 30,

1993, of the amounts collected pursuant to subsections (a) and

(b) of Section 201 of the Illinois Income Tax Act, minus

deposits into the Income Tax Refund Fund, the Department shall

deposit 4.4% into the Income Tax Surcharge Local Government

Distributive Fund in the State Treasury. Beginning July 1,

1993, and continuing through June 30, 1994, of the amounts

collected under subsections (a) and (b) of Section 201 of this

Act, minus deposits into the Income Tax Refund Fund, the

Department shall deposit 1.475% into the Income Tax Surcharge

Local Government Distributive Fund in the State Treasury.

(f) Deposits into the Fund for the Advancement of

Education. Beginning February 1, 2015, the Department shall

deposit the following portions of the revenue realized from the

tax imposed upon individuals, trusts, and estates by

subsections (a) and (b) of Section 201 of this Act during the

preceding month, minus deposits into the Income Tax Refund

Fund, into the Fund for the Advancement of Education:

(1) beginning February 1, 2015, and prior to February

1, 2025, 1/30; and

(2) beginning February 1, 2025, 1/26.

If the rate of tax imposed by subsection (a) and (b) of

Section 201 is reduced pursuant to Section 201.5 of this Act,

the Department shall not make the deposits required by this

subsection (f) on or after the effective date of the reduction.

(g) Deposits into the Commitment to Human Services Fund.

Beginning February 1, 2015, the Department shall deposit the

following portions of the revenue realized from the tax imposed

upon individuals, trusts, and estates by subsections (a) and

(b) of Section 201 of this Act during the preceding month,

minus deposits into the Income Tax Refund Fund, into the

Commitment to Human Services Fund:

(1) beginning February 1, 2015, and prior to February

1, 2025, 1/30; and

(2) beginning February 1, 2025, 1/26.

If the rate of tax imposed by subsection (a) and (b) of

Section 201 is reduced pursuant to Section 201.5 of this Act,

the Department shall not make the deposits required by this

subsection (g) on or after the effective date of the reduction.

(h) Deposits into the Tax Compliance and Administration

Fund. Beginning on the first day of the first calendar month to

occur on or after August 26, 2014 (the effective date of Public

Act 98-1098) this amendatory Act of the 98th General Assembly,

each month the Department shall pay into the Tax Compliance and

Administration Fund, to be used, subject to appropriation, to

fund additional auditors and compliance personnel at the

Department, an amount equal to 1/12 of 5% of the cash receipts

collected during the preceding fiscal year by the Audit Bureau

of the Department from the tax imposed by subsections (a), (b),

(c), and (d) of Section 201 of this Act, net of deposits into

the Income Tax Refund Fund made from those cash receipts.

(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,

eff. 6-19-13; 98-674, eff. 6-30-14; 98-1052, eff. 8-26-14;

98-1098, eff. 8-26-14; revised 9-26-14.)

Section 145. The Use Tax Act is amended by changing Section

2 as follows:

(35 ILCS 105/2) (from Ch. 120, par. 439.2)

Sec. 2. Definitions.

"Use" means the exercise by any person of any right or

power over tangible personal property incident to the ownership

of that property, except that it does not include the sale of

such property in any form as tangible personal property in the

regular course of business to the extent that such property is

not first subjected to a use for which it was purchased, and

does not include the use of such property by its owner for

demonstration purposes: Provided that the property purchased

is deemed to be purchased for the purpose of resale, despite

first being used, to the extent to which it is resold as an

ingredient of an intentionally produced product or by-product

of manufacturing. "Use" does not mean the demonstration use or

interim use of tangible personal property by a retailer before

he sells that tangible personal property. For watercraft or

aircraft, if the period of demonstration use or interim use by

the retailer exceeds 18 months, the retailer shall pay on the

retailers' original cost price the tax imposed by this Act, and

no credit for that tax is permitted if the watercraft or

aircraft is subsequently sold by the retailer. "Use" does not

mean the physical incorporation of tangible personal property,

to the extent not first subjected to a use for which it was

purchased, as an ingredient or constituent, into other tangible

personal property (a) which is sold in the regular course of

business or (b) which the person incorporating such ingredient

or constituent therein has undertaken at the time of such

purchase to cause to be transported in interstate commerce to

destinations outside the State of Illinois: Provided that the

property purchased is deemed to be purchased for the purpose of

resale, despite first being used, to the extent to which it is

resold as an ingredient of an intentionally produced product or

by-product of manufacturing.

"Watercraft" means a Class 2, Class 3, or Class 4

watercraft as defined in Section 3-2 of the Boat Registration

and Safety Act, a personal watercraft, or any boat equipped

with an inboard motor.

"Purchase at retail" means the acquisition of the ownership

of or title to tangible personal property through a sale at

retail.

"Purchaser" means anyone who, through a sale at retail,

acquires the ownership of tangible personal property for a

valuable consideration.

"Sale at retail" means any transfer of the ownership of or

title to tangible personal property to a purchaser, for the

purpose of use, and not for the purpose of resale in any form

as tangible personal property to the extent not first subjected

to a use for which it was purchased, for a valuable

consideration: Provided that the property purchased is deemed

to be purchased for the purpose of resale, despite first being

used, to the extent to which it is resold as an ingredient of

an intentionally produced product or by-product of

manufacturing. For this purpose, slag produced as an incident

to manufacturing pig iron or steel and sold is considered to be

an intentionally produced by-product of manufacturing. "Sale

at retail" includes any such transfer made for resale unless

made in compliance with Section 2c of the Retailers' Occupation

Tax Act, as incorporated by reference into Section 12 of this

Act. Transactions whereby the possession of the property is

transferred but the seller retains the title as security for

payment of the selling price are sales.

"Sale at retail" shall also be construed to include any

Illinois florist's sales transaction in which the purchase

order is received in Illinois by a florist and the sale is for

use or consumption, but the Illinois florist has a florist in

another state deliver the property to the purchaser or the

purchaser's donee in such other state.

Nonreusable tangible personal property that is used by

persons engaged in the business of operating a restaurant,

cafeteria, or drive-in is a sale for resale when it is

transferred to customers in the ordinary course of business as

part of the sale of food or beverages and is used to deliver,

package, or consume food or beverages, regardless of where

consumption of the food or beverages occurs. Examples of those

items include, but are not limited to nonreusable, paper and

plastic cups, plates, baskets, boxes, sleeves, buckets or other

containers, utensils, straws, placemats, napkins, doggie bags,

and wrapping or packaging materials that are transferred to

customers as part of the sale of food or beverages in the

ordinary course of business.

The purchase, employment and transfer of such tangible

personal property as newsprint and ink for the primary purpose

of conveying news (with or without other information) is not a

purchase, use or sale of tangible personal property.

"Selling price" means the consideration for a sale valued

in money whether received in money or otherwise, including

cash, credits, property other than as hereinafter provided, and

services, but not including the value of or credit given for

traded-in tangible personal property where the item that is

traded-in is of like kind and character as that which is being

sold, and shall be determined without any deduction on account

of the cost of the property sold, the cost of materials used,

labor or service cost or any other expense whatsoever, but does

not include interest or finance charges which appear as

separate items on the bill of sale or sales contract nor

charges that are added to prices by sellers on account of the

seller's tax liability under the "Retailers' Occupation Tax

Act", or on account of the seller's duty to collect, from the

purchaser, the tax that is imposed by this Act, or, except as

otherwise provided with respect to any cigarette tax imposed by

a home rule unit, on account of the seller's tax liability

under any local occupation tax administered by the Department,

or, except as otherwise provided with respect to any cigarette

tax imposed by a home rule unit on account of the seller's duty

to collect, from the purchasers, the tax that is imposed under

any local use tax administered by the Department. Effective

December 1, 1985, "selling price" shall include charges that

are added to prices by sellers on account of the seller's tax

liability under the Cigarette Tax Act, on account of the

seller's duty to collect, from the purchaser, the tax imposed

under the Cigarette Use Tax Act, and on account of the seller's

duty to collect, from the purchaser, any cigarette tax imposed

by a home rule unit.

Notwithstanding any law to the contrary, for any motor

vehicle, as defined in Section 1-146 of the Vehicle Code, that

is sold on or after January 1, 2015 for the purpose of leasing

the vehicle for a defined period that is longer than one year

and (1) is a motor vehicle of the second division that: (A) is

a self-contained motor vehicle designed or permanently

converted to provide living quarters for recreational,

camping, or travel use, with direct walk through access to the

living quarters from the driver's seat; (B) is of the van

configuration designed for the transportation of not less than

7 nor more than 16 passengers; or (C) has a gross vehicle

weight rating of 8,000 pounds or less or (2) is a motor vehicle

of the first division, "selling price" or "amount of sale"

means the consideration received by the lessor pursuant to the

lease contract, including amounts due at lease signing and all

monthly or other regular payments charged over the term of the

lease. Also included in the selling price is any amount

received by the lessor from the lessee for the leased vehicle

that is not calculated at the time the lease is executed,

including, but not limited to, excess mileage charges and

charges for excess wear and tear. For sales that occur in

Illinois, with respect to any amount received by the lessor

from the lessee for the leased vehicle that is not calculated

at the time the lease is executed, the lessor who purchased the

motor vehicle does not incur the tax imposed by the Use Tax Act

on those amounts, and the retailer who makes the retail sale of

the motor vehicle to the lessor is not required to collect the

tax imposed by this Act or to pay the tax imposed by the

Retailers' Occupation Tax Act on those amounts. However, the

lessor who purchased the motor vehicle assumes the liability

for reporting and paying the tax on those amounts directly to

the Department in the same form (Illinois Retailers' Occupation

Tax, and local retailers' occupation taxes, if applicable) in

which the retailer would have reported and paid such tax if the

retailer had accounted for the tax to the Department. For

amounts received by the lessor from the lessee that are not

calculated at the time the lease is executed, the lessor must

file the return and pay the tax to the Department by the due

date otherwise required by this Act for returns other than

transaction returns. If the retailer is entitled under this Act

to a discount for collecting and remitting the tax imposed

under this Act to the Department with respect to the sale of

the motor vehicle to the lessor, then the right to the discount

provided in this Act shall be transferred to the lessor with

respect to the tax paid by the lessor for any amount received

by the lessor from the lessee for the leased vehicle that is

not calculated at the time the lease is executed; provided that

the discount is only allowed if the return is timely filed and

for amounts timely paid. The "selling price" of a motor vehicle

that is sold on or after January 1, 2015 for the purpose of

leasing for a defined period of longer than one year shall not

be reduced by the value of or credit given for traded-in

tangible personal property owned by the lessor, nor shall it be

reduced by the value of or credit given for traded-in tangible

personal property owned by the lessee, regardless of whether

the trade-in value thereof is assigned by the lessee to the

lessor. In the case of a motor vehicle that is sold for the

purpose of leasing for a defined period of longer than one

year, the sale occurs at the time of the delivery of the

vehicle, regardless of the due date of any lease payments. A

lessor who incurs a Retailers' Occupation Tax liability on the

sale of a motor vehicle coming off lease may not take a credit

against that liability for the Use Tax the lessor paid upon the

purchase of the motor vehicle (or for any tax the lessor paid

with respect to any amount received by the lessor from the

lessee for the leased vehicle that was not calculated at the

time the lease was executed) if the selling price of the motor

vehicle at the time of purchase was calculated using the

definition of "selling price" as defined in this paragraph.

Notwithstanding any other provision of this Act to the

contrary, lessors shall file all returns and make all payments

required under this paragraph to the Department by electronic

means in the manner and form as required by the Department.

This paragraph does not apply to leases of motor vehicles for

which, at the time the lease is entered into, the term of the

lease is not a defined period, including leases with a defined

initial period with the option to continue the lease on a

month-to-month or other basis beyond the initial defined

period.

The phrase "like kind and character" shall be liberally

construed (including but not limited to any form of motor

vehicle for any form of motor vehicle, or any kind of farm or

agricultural implement for any other kind of farm or

agricultural implement), while not including a kind of item

which, if sold at retail by that retailer, would be exempt from

retailers' occupation tax and use tax as an isolated or

occasional sale.

"Department" means the Department of Revenue.

"Person" means any natural individual, firm, partnership,

association, joint stock company, joint adventure, public or

private corporation, limited liability company, or a receiver,

executor, trustee, guardian or other representative appointed

by order of any court.

"Retailer" means and includes every person engaged in the

business of making sales at retail as defined in this Section.

A person who holds himself or herself out as being engaged

(or who habitually engages) in selling tangible personal

property at retail is a retailer hereunder with respect to such

sales (and not primarily in a service occupation)

notwithstanding the fact that such person designs and produces

such tangible personal property on special order for the

purchaser and in such a way as to render the property of value

only to such purchaser, if such tangible personal property so

produced on special order serves substantially the same

function as stock or standard items of tangible personal

property that are sold at retail.

A person whose activities are organized and conducted

primarily as a not-for-profit service enterprise, and who

engages in selling tangible personal property at retail

(whether to the public or merely to members and their guests)

is a retailer with respect to such transactions, excepting only

a person organized and operated exclusively for charitable,

religious or educational purposes either (1), to the extent of

sales by such person to its members, students, patients or

inmates of tangible personal property to be used primarily for

the purposes of such person, or (2), to the extent of sales by

such person of tangible personal property which is not sold or

offered for sale by persons organized for profit. The selling

of school books and school supplies by schools at retail to

students is not "primarily for the purposes of" the school

which does such selling. This paragraph does not apply to nor

subject to taxation occasional dinners, social or similar

activities of a person organized and operated exclusively for

charitable, religious or educational purposes, whether or not

such activities are open to the public.

A person who is the recipient of a grant or contract under

Title VII of the Older Americans Act of 1965 (P.L. 92-258) and

serves meals to participants in the federal Nutrition Program

for the Elderly in return for contributions established in

amount by the individual participant pursuant to a schedule of

suggested fees as provided for in the federal Act is not a

retailer under this Act with respect to such transactions.

Persons who engage in the business of transferring tangible

personal property upon the redemption of trading stamps are

retailers hereunder when engaged in such business.

The isolated or occasional sale of tangible personal

property at retail by a person who does not hold himself out as

being engaged (or who does not habitually engage) in selling

such tangible personal property at retail or a sale through a

bulk vending machine does not make such person a retailer

hereunder. However, any person who is engaged in a business

which is not subject to the tax imposed by the "Retailers'

Occupation Tax Act" because of involving the sale of or a

contract to sell real estate or a construction contract to

improve real estate, but who, in the course of conducting such

business, transfers tangible personal property to users or

consumers in the finished form in which it was purchased, and

which does not become real estate, under any provision of a

construction contract or real estate sale or real estate sales

agreement entered into with some other person arising out of or

because of such nontaxable business, is a retailer to the

extent of the value of the tangible personal property so

transferred. If, in such transaction, a separate charge is made

for the tangible personal property so transferred, the value of

such property, for the purposes of this Act, is the amount so

separately charged, but not less than the cost of such property

to the transferor; if no separate charge is made, the value of

such property, for the purposes of this Act, is the cost to the

transferor of such tangible personal property.

"Retailer maintaining a place of business in this State",

or any like term, means and includes any of the following

retailers:

1. A retailer having or maintaining within this State,

directly or by a subsidiary, an office, distribution house,

sales house, warehouse or other place of business, or any

agent or other representative operating within this State

under the authority of the retailer or its subsidiary,

irrespective of whether such place of business or agent or

other representative is located here permanently or

temporarily, or whether such retailer or subsidiary is

licensed to do business in this State. However, the

ownership of property that is located at the premises of a

printer with which the retailer has contracted for printing

and that consists of the final printed product, property

that becomes a part of the final printed product, or copy

from which the printed product is produced shall not result

in the retailer being deemed to have or maintain an office,

distribution house, sales house, warehouse, or other place

of business within this State.

1.1. A retailer having a contract with a person located

in this State under which the person, for a commission or

other consideration based upon the sale of tangible

personal property by the retailer, directly or indirectly

refers potential customers to the retailer by providing to

the potential customers a promotional code or other

mechanism that allows the retailer to track purchases

referred by such persons. Examples of mechanisms that allow

the retailer to track purchases referred by such persons

include but are not limited to the use of a link on the

person's Internet website, promotional codes distributed

through the person's hand-delivered or mailed material,

and promotional codes distributed by the person through

radio or other broadcast media. The provisions of this

paragraph 1.1 shall apply only if the cumulative gross

receipts from sales of tangible personal property by the

retailer to customers who are referred to the retailer by

all persons in this State under such contracts exceed

$10,000 during the preceding 4 quarterly periods ending on

the last day of March, June, September, and December. A

retailer meeting the requirements of this paragraph 1.1

shall be presumed to be maintaining a place of business in

this State but may rebut this presumption by submitting

proof that the referrals or other activities pursued within

this State by such persons were not sufficient to meet the

nexus standards of the United States Constitution during

the preceding 4 quarterly periods.

1.2. Beginning July 1, 2011, a retailer having a

contract with a person located in this State under which:

A. the retailer sells the same or substantially

similar line of products as the person located in this

State and does so using an identical or substantially

similar name, trade name, or trademark as the person

located in this State; and

B. the retailer provides a commission or other

consideration to the person located in this State based

upon the sale of tangible personal property by the

retailer.

The provisions of this paragraph 1.2 shall apply only if

the cumulative gross receipts from sales of tangible

personal property by the retailer to customers in this

State under all such contracts exceed $10,000 during the

preceding 4 quarterly periods ending on the last day of

March, June, September, and December.

2. A retailer soliciting orders for tangible personal

property by means of a telecommunication or television

shopping system (which utilizes toll free numbers) which is

intended by the retailer to be broadcast by cable

television or other means of broadcasting, to consumers

located in this State.

3. A retailer, pursuant to a contract with a

broadcaster or publisher located in this State, soliciting

orders for tangible personal property by means of

advertising which is disseminated primarily to consumers

located in this State and only secondarily to bordering

jurisdictions.

4. A retailer soliciting orders for tangible personal

property by mail if the solicitations are substantial and

recurring and if the retailer benefits from any banking,

financing, debt collection, telecommunication, or

marketing activities occurring in this State or benefits

from the location in this State of authorized installation,

servicing, or repair facilities.

5. A retailer that is owned or controlled by the same

interests that own or control any retailer engaging in

business in the same or similar line of business in this

State.

6. A retailer having a franchisee or licensee operating

under its trade name if the franchisee or licensee is

required to collect the tax under this Section.

7. A retailer, pursuant to a contract with a cable

television operator located in this State, soliciting

orders for tangible personal property by means of

advertising which is transmitted or distributed over a

cable television system in this State.

8. A retailer engaging in activities in Illinois, which

activities in the state in which the retail business

engaging in such activities is located would constitute

maintaining a place of business in that state.

"Bulk vending machine" means a vending machine, containing

unsorted confections, nuts, toys, or other items designed

primarily to be used or played with by children which, when a

coin or coins of a denomination not larger than $0.50 are

inserted, are dispensed in equal portions, at random and

without selection by the customer.

(Source: P.A. 98-628, eff. 1-1-15; 98-1080, eff. 8-26-14;

98-1089, eff. 1-1-15; revised 10-1-14.)

Section 150. The Cigarette Tax Act is amended by changing

Section 4g as follows:

(35 ILCS 130/4g)

(This Section may contain text from a Public Act with a

delayed effective date)

Sec. 4g. Retailer's license. Beginning on January 1, 2016,

no person may engage in business as a retailer of cigarettes in

this State without first having obtained a license from the

Department. Application for license shall be made to the

Department, by electronic means, in a form prescribed by the

Department. Each applicant for a license under this Section

shall furnish to the Department, in an electronic format

established by the Department, the following information:

(1) the name and address of the applicant;

(2) the address of the location at which the applicant

proposes to engage in business as a retailer of cigarettes

in this State; and

(3) such other additional information as the

Department may lawfully require by its rules and

regulations.

The annual license fee payable to the Department for each

retailer's license shall be $75. The fee shall be deposited

into the Tax Compliance and Administration Fund and shall be

for the cost of tobacco retail inspection and contraband

tobacco and tobacco smuggling with at least two-thirds of the

money being used for contraband tobacco and tobacco smuggling

operations and enforcement.

Each applicant for a license shall pay the fee to the

Department at the time of submitting its application for a

license to the Department. The Department shall require an

applicant for a license under this Section to electronically

file and pay the fee.

A separate annual license fee shall be paid for each place

of business at which a person who is required to procure a

retailer's license under this Section proposes to engage in

business as a retailer in Illinois under this Act.

The following are ineligible to receive a retailer's

license under this Act:

(1) a person who has been convicted of a felony related

to the illegal transportation, sale, or distribution of

cigarettes, or a tobacco-related felony, under any federal

or State law, if the Department, after investigation and a

hearing if requested by the applicant, determines that the

person has not been sufficiently rehabilitated to warrant

the public trust; or

(2) a corporation, if any officer, manager, or director

thereof, or any stockholder or stockholders owning in the

aggregate more than 5% of the stock of such corporation,

would not be eligible to receive a license under this Act

for any reason.

The Department, upon receipt of an application and license

fee, in proper form, from a person who is eligible to receive a

retailer's license under this Act, shall issue to such

applicant a license in form as prescribed by the Department.

That license shall permit the applicant to whom it is issued to

engage in business as a retailer under this Act at the place

shown in his or her application. All licenses issued by the

Department under this Section shall be valid for a period not

to exceed one year after issuance unless sooner revoked,

canceled, or suspended as provided in this Act. No license

issued under this Section is transferable or assignable. The

license shall be conspicuously displayed in the place of

business conducted by the licensee in Illinois under such

license. The Department shall not issue a retailer's license to

a retailer unless the retailer is also registered under the

Retailers' Occupation Tax Act. A person who obtains a license

as a retailer who ceases to do business as specified in the

license, or who never commenced business, or who obtains a

distributor's license, or whose license is suspended or

revoked, shall immediately surrender the license to the

Department.

Any person aggrieved by any decision of the Department

under this Section subsection may, within 30 days after notice

of the decision, protest and request a hearing. Upon receiving

a request for a hearing, the Department shall give written

notice to the person requesting the hearing of the time and

place fixed for the hearing and shall hold a hearing in

conformity with the provisions of this Act and then issue its

final administrative decision in the matter to that person. In

the absence of a protest and request for a hearing within 30

days, the Department's decision shall become final without any

further determination being made or notice given.

(Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)

Section 155. The Tobacco Products Tax Act of 1995 is

amended by changing Section 10-21 as follows:

(35 ILCS 143/10-21)

(This Section may contain text from a Public Act with a

delayed effective date)

Sec. 10-21. Retailer's license. Beginning on January 1,

2016, no person may engage in business as a retailer of tobacco

products in this State without first having obtained a license

from the Department. Application for license shall be made to

the Department, by electronic means, in a form prescribed by

the Department. Each applicant for a license under this Section

shall furnish to the Department, in an electronic format

established by the Department, the following information:

(1) the name and address of the applicant;

(2) the address of the location at which the applicant

proposes to engage in business as a retailer of tobacco

products in this State;

(3) such other additional information as the

Department may lawfully require by its rules and

regulations.

The annual license fee payable to the Department for each

retailer's license shall be $75. The fee will be deposited into

the Tax Compliance and Administration Fund and shall be used

for the cost of tobacco retail inspection and contraband

tobacco and tobacco smuggling with at least two-thirds of the

money being used for contraband tobacco and tobacco smuggling

operations and enforcement.

Each applicant for license shall pay such fee to the

Department at the time of submitting its application for

license to the Department. The Department shall require an

applicant for a license under this Section to electronically

file and pay the fee.

A separate annual license fee shall be paid for each place

of business at which a person who is required to procure a

retailer's license under this Section proposes to engage in

business as a retailer in Illinois under this Act.

The following are ineligible to receive a retailer's

license under this Act:

(1) a person who has been convicted of a felony under

any federal or State law for smuggling cigarettes or

tobacco products or tobacco tax evasion, if the Department,

after investigation and a hearing if requested by the

applicant, determines that such person has not been

sufficiently rehabilitated to warrant the public trust;

and

(2) a corporation, if any officer, manager or director

thereof, or any stockholder or stockholders owning in the

aggregate more than 5% of the stock of such corporation,

would not be eligible to receive a license under this Act

for any reason.

The Department, upon receipt of an application and license

fee, in proper form, from a person who is eligible to receive a

retailer's license under this Act, shall issue to such

applicant a license in form as prescribed by the Department,

which license shall permit the applicant to which it is issued

to engage in business as a retailer under this Act at the place

shown in his application. All licenses issued by the Department

under this Section shall be valid for a period not to exceed

one year after issuance unless sooner revoked, canceled or

suspended as provided in this Act. No license issued under this

Section is transferable or assignable. Such license shall be

conspicuously displayed in the place of business conducted by

the licensee in Illinois under such license. A person who

obtains a license as a retailer who ceases to do business as

specified in the license, or who never commenced business, or

who obtains a distributor's license, or whose license is

suspended or revoked, shall immediately surrender the license

to the Department. The Department shall not issue a license to

a retailer unless the retailer is also validly registered under

the Retailers Occupation Tax Act.

A retailer as defined under this Act need not obtain an

additional license under this Act, but shall be deemed to be

sufficiently licensed by virtue of his being properly licensed

as a retailer under Section 4g of the Cigarette Tax Act.

Any person aggrieved by any decision of the Department

under this Section subsection may, within 30 days after notice

of the decision, protest and request a hearing. Upon receiving

a request for a hearing, the Department shall give notice to

the person requesting the hearing of the time and place fixed

for the hearing and shall hold a hearing in conformity with the

provisions of this Act and then issue its final administrative

decision in the matter to that person. In the absence of a

protest and request for a hearing within 30 days, the

Department's decision shall become final without any further

determination being made or notice given.

(Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)

Section 160. The Local Government Disaster Service

Volunteer Act is amended by changing Section 15 as follows:

(50 ILCS 122/15)

Sec. 15. Local government disaster service volunteer

leave. An employee of a local agency who is a certified

disaster service volunteer of the American Red Cross or

assigned to the Illinois Emergency Management Agency in

accordance with the Illinois Emergency Management Agency Act,

the Emergency Management Assistance Compact Act, or other

applicable administrative rules may be granted leave from his

or her work with pay for not more than 20 working days in any

12-month period to participate in specialized disaster relief

services for the American Red Cross or for the Illinois

Emergency Management Agency, as the case may be, upon the

request of the American Red Cross or the Illinois Emergency

Management Agency for the services of that employee and upon

the approval of that employee's agency, without loss of

seniority, pay, vacation time, compensatory time, personal

days, sick time, or earned overtime accumulation. The agency

must compensate an employee granted leave under this Section at

his or her regular rate of pay for those regular work hours

during which the employee is absent from work. Leave under this

Act shall not be unreasonably denied for services related to a

disaster within the United States or its territories.

(Source: P.A. 92-95, eff. 7-18-01; 93-893, eff. 8-10-04;

revised 12-1-14.)

Section 165. The Illinois Police Training Act is amended by

changing Section 9 as follows:

(50 ILCS 705/9) (from Ch. 85, par. 509)

Sec. 9. A special fund is hereby established in the State

Treasury to be known as the "The Traffic and Criminal

Conviction Surcharge Fund" and shall be financed as provided in

Section 9.1 of this Act and Section 5-9-1 of the "Unified Code

of Corrections", unless the fines, costs, or additional amounts

imposed are subject to disbursement by the circuit clerk under

Section 27.5 of the Clerks of Courts Act. Moneys in this Fund

shall be expended as follows:

(1) a A portion of the total amount deposited in the

Fund may be used, as appropriated by the General Assembly,

for the ordinary and contingent expenses of the Illinois

Law Enforcement Training Standards Board;

(2) a A portion of the total amount deposited in the

Fund shall be appropriated for the reimbursement of local

governmental agencies participating in training programs

certified by the Board, in an amount equaling 1/2 of the

total sum paid by such agencies during the State's previous

fiscal year for mandated training for probationary police

officers or probationary county corrections officers and

for optional advanced and specialized law enforcement or

county corrections training; these . These reimbursements

may include the costs for tuition at training schools, the

salaries of trainees while in schools, and the necessary

travel and room and board expenses for each trainee; if . If

the appropriations under this paragraph (2) are not

sufficient to fully reimburse the participating local

governmental agencies, the available funds shall be

apportioned among such agencies, with priority first given

to repayment of the costs of mandatory training given to

law enforcement officer or county corrections officer

recruits, then to repayment of costs of advanced or

specialized training for permanent police officers or

permanent county corrections officers;

(3) a A portion of the total amount deposited in the

Fund may be used to fund the "Intergovernmental Law

Enforcement Officer's In-Service Training Act", veto

overridden October 29, 1981, as now or hereafter amended,

at a rate and method to be determined by the board;

(4) a A portion of the Fund also may be used by the

Illinois Department of State Police for expenses incurred

in the training of employees from any State, county or

municipal agency whose function includes enforcement of

criminal or traffic law;

(5) a A portion of the Fund may be used by the Board to

fund grant-in-aid programs and services for the training of

employees from any county or municipal agency whose

functions include corrections or the enforcement of

criminal or traffic law;

(6) for For fiscal years 2013, 2014, and 2015 only, a

portion of the Fund also may be used by the Department of

State Police to finance any of its lawful purposes or

functions; and

(7) a A portion of the Fund may be used by the Board,

subject to appropriation, to administer grants to local law

enforcement agencies for the purpose of purchasing

bulletproof vests under the Law Enforcement Officer

Bulletproof Vest Act.

All payments from the Traffic and Criminal Conviction

Surcharge Fund shall be made each year from moneys appropriated

for the purposes specified in this Section. No more than 50% of

any appropriation under this Act shall be spent in any city

having a population of more than 500,000. The State Comptroller

and the State Treasurer shall from time to time, at the

direction of the Governor, transfer from the Traffic and

Criminal Conviction Surcharge Fund to the General Revenue Fund

in the State Treasury such amounts as the Governor determines

are in excess of the amounts required to meet the obligations

of the Traffic and Criminal Conviction Surcharge Fund.

(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13;

98-674, eff. 6-30-14; 98-743, eff. 1-1-15; revised 10-1-14.)

Section 170. The Children's Advocacy Center Act is amended

by changing Section 4 as follows:

(55 ILCS 80/4) (from Ch. 23, par. 1804)

Sec. 4. Children's Advocacy Center.

(a) A CAC may be established to coordinate the activities

of the various agencies involved in the investigation,

prosecution and treatment of child maltreatment. The

individual county or regional Advisory Board shall set the

written protocol of the CAC within the appropriate

jurisdiction. The operation of the CAC may be funded through

public or private grants, contracts, donations, fees, and other

available sources under this Act. Each CAC shall operate to the

best of its ability in accordance with available funding. In

counties in which a referendum has been adopted under Section 5

of this Act, the Advisory Board, by the majority vote of its

members, shall submit a proposed annual budget for the

operation of the CAC to the county board, which shall

appropriate funds and levy a tax sufficient to operate the CAC.

The county board in each county in which a referendum has been

adopted shall establish a Children's Advocacy Center Fund and

shall deposit the net proceeds of the tax authorized by Section

6 of this Act in that Fund, which shall be kept separate from

all other county funds and shall only be used for the purposes

of this Act.

(b) The Advisory Board shall pay from the Children's

Advocacy Center Fund or from other available funds the salaries

of all employees of the Center and the expenses of acquiring a

physical plant for the Center by construction or lease and

maintaining the Center, including the expenses of

administering the coordination of the investigation,

prosecution and treatment referral of child maltreatment under

the provisions of the protocol adopted pursuant to this Act.

(c) Every CAC shall include at least the following

components:

(1) A multidisciplinary, coordinated systems approach

to the investigation of child maltreatment which shall

include, at a minimum: ;

(i) an interagency notification procedure;

(ii) a policy on multidisciplinary team

collaboration and communication that requires MDT

members share information pertinent to investigations

and the safety of children;

(iii) (blank);

(iv) a description of the role each agency has in

responding to a referral for services in an individual

case;

(v) a dispute resolution process between the

involved agencies when a conflict arises on how to

proceed on the referral of a particular case;

(vi) a process for the CAC to assist in the

forensic interview of children that witness alleged

crimes;

(vii) a child-friendly, trauma informed space for

children and their non-offending family members;

(viii) an MDT approach including law enforcement,

prosecution, medical, mental health, victim advocacy,

and other community resources;

(ix) medical evaluation on-site or off-site

through referral;

(x) mental health services on-site or off-site

through referral;

(xi) on-site forensic interviews;

(xii) culturally competent services;

(xiii) case tracking and review;

(xiv) case staffing on each investigation;

(xv) effective organizational capacity; and

(xvi) a policy or procedure to familiarize a child

and his or her non-offending family members or

guardians with the court process as well as

preparations for testifying in court, if necessary; .

(2) A safe, separate space with assigned personnel

designated for the investigation and coordination of child

maltreatment cases;

(3) A multidisciplinary case review process for

purposes of decision-making, problem solving, systems

coordination, and information sharing;

(4) A comprehensive client tracking system to receive

and coordinate information concerning child maltreatment

cases from each participating agency;

(5) Multidisciplinary specialized training for all

professionals involved with the victims and non-offending

family members in child maltreatment cases; and

(6) A process for evaluating the effectiveness of the

CAC and its operations.

(d) In the event that a CAC has been established as

provided in this Section, the Advisory Board of that CAC may,

by a majority vote of the members, authorize the CAC to

coordinate the activities of the various agencies involved in

the investigation, prosecution, and treatment referral in

cases of serious or fatal injury to a child. For CACs receiving

funds under Section 5 or 6 of this Act, the Advisory Board

shall provide for the financial support of these activities in

a manner similar to that set out in subsections (a) and (b) of

this Section and shall be allowed to submit a budget that

includes support for physical abuse and neglect activities to

the County Board, which shall appropriate funds that may be

available under Section 5 of this Act. In cooperation with the

Department of Children and Family Services Child Death Review

Teams, the Department of Children and Family Services Office of

the Inspector General, and other stakeholders, this protocol

must be initially implemented in selected counties to the

extent that State appropriations or funds from other sources

for this purpose allow.

(e) CACI may also provide technical assistance and guidance

to the Advisory Boards.

(Source: P.A. 98-809, eff. 1-1-15; revised 12-2-2014.)

Section 175. The Township Code is amended by changing

Section 30-50 as follows:

(60 ILCS 1/30-50)

Sec. 30-50. Purchase and use of property.

(a) The electors may make all orders for the purchase,

sale, conveyance, regulation, or use of the township's

corporate property (including the direct sale or lease of

single township road district property) that may be deemed

conducive to the interests of its inhabitants, including the

lease, for up to 10 years, or for up to 25 years if the lease is

for a wireless telecommunications tower, at fair market value,

of corporate property for which no use or need during the lease

period is anticipated at the time of leasing. The property may

be leased to another governmental body, however, or to a

not-for-profit corporation that has contracted to construct or

fund the construction of a structure or improvement upon the

real estate owned by the township and that has contracted with

the township to allow the township to use at least a portion of

the structure or improvement to be constructed upon the real

estate leased and not otherwise used by the township, for any

term not exceeding 50 years and for any consideration. In the

case of a not-for-profit corporation, the township shall hold a

public hearing on the proposed lease. The township clerk shall

give notice of the hearing by publication in a newspaper

published in the township, or in a newspaper published in the

county and having general circulation in the township if no

newspaper is published in the township, and by posting notices

in at least 5 public places at least 15 days before the public

hearing.

(b) If a new tax is to be levied or an existing tax rate is

to be increased above the statutory limits for the purchase of

the property, however, no action otherwise authorized in

subsection (a) shall be taken unless a petition signed by at

least 10% of the registered voters residing in the township is

presented to the township clerk. If a petition is presented to

the township clerk, the clerk shall order a referendum on the

proposition. The referendum shall be held at the next annual or

special township meeting or at an election in accordance with

the general election law. If the referendum is ordered to be

held at the township meeting, the township clerk shall give

notice that at the next annual or special township meeting the

proposition shall be voted upon. The notice shall set forth the

proposition and shall be given by publication in a newspaper

published in the township. If there is no newspaper published

in the township, the notice shall be published in a newspaper

published in the county and having general circulation in the

township. Notice also shall be given by posting notices in at

least 5 public places at least 15 days before the township

meeting. If the referendum is ordered to be held at an

election, the township clerk shall certify that proposition to

the proper election officials, who shall submit the proposition

at an election. The proposition shall be submitted in

accordance with the general election law.

(c) If the leased property is utilized in part for private

use and in part for public use, those portions of the

improvements devoted to private use are fully taxable. The land

is exempt from taxation to the extent that the uses on the land

are public and taxable to the extent that the uses are private.

(d) Before the township makes a lease or sale of township

or road district real property, the electors shall adopt a

resolution stating the intent to lease or sell the real

property, describing the property in full, and stating the

terms and conditions the electors deem necessary and desirable

for the lease or sale. A resolution stating the intent to sell

real property shall also contain pertinent information

concerning the size, use, and zoning of the property. The value

of real property shall be determined by a State licensed real

estate appraiser. The appraisal shall be available for public

inspection. The resolution may direct the sale to be conducted

by the staff of the township or by listing with local licensed

real estate agencies (in which case the terms of the agent's

compensation shall be included in the resolution).

Anytime during the year, the township or township road

district may lease or sell personal property by a vote of the

township board or request of the township highway commissioner.

The clerk shall thereafter publish the resolution or

personal property sale notice once in a newspaper published in

the township or, if no newspaper is published in the township,

in a newspaper generally circulated in the township. If no

newspaper is generally circulated in the township, the clerk

shall post the resolution or personal property sale notice in 5

of the most public places in the township. In addition to the

foregoing publication requirements, the clerk shall post the

resolution or personal property sale notice at the office of

the township (if township property is involved) or at the

office of the road district (if road district property is

involved). The following information shall be published or

posted with the resolution or personal property sale notice:

(i) the date by which all bids must be received by the township

or road district, which shall not be less than 30 days after

the date of publication or posting, and (ii) the place, time,

and date at which bids shall be opened, which shall be at a

regular meeting of the township board.

All bids shall be opened by the clerk (or someone duly

appointed to act for the clerk) at the regular meeting of the

township board described in the notice. With respect to

township personal property, the township board may accept the

high bid or any other bid determined to be in the best

interests of the township by a majority vote of the board. With

respect to township real property, the township board may

accept the high bid or any other bid determined to be in the

best interests of the township by a vote of three-fourths of

the township board then holding office, but in no event at a

price less than 80% of the appraised value. With respect to

road district property, the highway commissioner may accept the

high bid or any other bid determined to be in the best

interests of the road district. In each case, the township

board or commissioner may reject any and all bids. This notice

and competitive bidding procedure shall not be followed when

property is leased to another governmental body. The notice and

competitive bidding procedure shall not be followed when real

or personal property is declared surplus by the township board

or the highway commissioner and sold to another governmental

body.

The township board or the highway commissioner may

authorize the sale of personal property by public auction

conducted by an auctioneer licensed under the Auction License

Act or through an approved Internet auction service.

(e) A trade-in of machinery or equipment on new or

different machinery or equipment does not constitute the sale

of township or road district property.

(Source: P.A. 97-337, eff. 8-12-11; 98-549, eff. 8-26-13;

98-653, eff. 6-18-14; revised 6-24-14.)

Section 180. The Illinois Municipal Code is amended by

changing Sections 10-1-7.1, 10-2.1-6.3, 11-12-5, and

11-74.4-3.5 as follows:

(65 ILCS 5/10-1-7.1)

Sec. 10-1-7.1. Original appointments; full-time fire

department.

(a) Applicability. Unless a commission elects to follow the

provisions of Section 10-1-7.2, this Section shall apply to all

original appointments to an affected full-time fire

department. Existing registers of eligibles shall continue to

be valid until their expiration dates, or up to a maximum of 2

years after the effective date of this amendatory Act of the

97th General Assembly.

Notwithstanding any statute, ordinance, rule, or other law

to the contrary, all original appointments to an affected

department to which this Section applies shall be administered

in the manner provided for in this Section. Provisions of the

Illinois Municipal Code, municipal ordinances, and rules

adopted pursuant to such authority and other laws relating to

initial hiring of firefighters in affected departments shall

continue to apply to the extent they are compatible with this

Section, but in the event of a conflict between this Section

and any other law, this Section shall control.

A home rule or non-home rule municipality may not

administer its fire department process for original

appointments in a manner that is less stringent than this

Section. This Section is a limitation under subsection (i) of

Section 6 of Article VII of the Illinois Constitution on the

concurrent exercise by home rule units of the powers and

functions exercised by the State.

A municipality that is operating under a court order or

consent decree regarding original appointments to a full-time

fire department before the effective date of this amendatory

Act of the 97th General Assembly is exempt from the

requirements of this Section for the duration of the court

order or consent decree.

Notwithstanding any other provision of this subsection

(a), this Section does not apply to a municipality with more

than 1,000,000 inhabitants.

(b) Original appointments. All original appointments made

to an affected fire department shall be made from a register of

eligibles established in accordance with the processes

established by this Section. Only persons who meet or exceed

the performance standards required by this Section shall be

placed on a register of eligibles for original appointment to

an affected fire department.

Whenever an appointing authority authorizes action to hire

a person to perform the duties of a firefighter or to hire a

firefighter-paramedic to fill a position that is a new position

or vacancy due to resignation, discharge, promotion, death, the

granting of a disability or retirement pension, or any other

cause, the appointing authority shall appoint to that position

the person with the highest ranking on the final eligibility

list. If the appointing authority has reason to conclude that

the highest ranked person fails to meet the minimum standards

for the position or if the appointing authority believes an

alternate candidate would better serve the needs of the

department, then the appointing authority has the right to pass

over the highest ranked person and appoint either: (i) any

person who has a ranking in the top 5% of the register of

eligibles or (ii) any person who is among the top 5 highest

ranked persons on the list of eligibles if the number of people

who have a ranking in the top 5% of the register of eligibles

is less than 5 people.

Any candidate may pass on an appointment once without

losing his or her position on the register of eligibles. Any

candidate who passes a second time may be removed from the list

by the appointing authority provided that such action shall not

prejudice a person's opportunities to participate in future

examinations, including an examination held during the time a

candidate is already on the municipality's register of

eligibles.

The sole authority to issue certificates of appointment

shall be vested in the Civil Service Commission. All

certificates of appointment issued to any officer or member of

an affected department shall be signed by the chairperson and

secretary, respectively, of the commission upon appointment of

such officer or member to the affected department by the

commission. Each person who accepts a certificate of

appointment and successfully completes his or her probationary

period shall be enrolled as a firefighter and as a regular

member of the fire department.

For the purposes of this Section, "firefighter" means any

person who has been prior to, on, or after the effective date

of this amendatory Act of the 97th General Assembly appointed

to a fire department or fire protection district or employed by

a State university and sworn or commissioned to perform

firefighter duties or paramedic duties, or both, except that

the following persons are not included: part-time

firefighters; auxiliary, reserve, or voluntary firefighters,

including paid-on-call firefighters; clerks and dispatchers or

other civilian employees of a fire department or fire

protection district who are not routinely expected to perform

firefighter duties; and elected officials.

(c) Qualification for placement on register of eligibles.

The purpose of establishing a register of eligibles is to

identify applicants who possess and demonstrate the mental

aptitude and physical ability to perform the duties required of

members of the fire department in order to provide the highest

quality of service to the public. To this end, all applicants

for original appointment to an affected fire department shall

be subject to examination and testing which shall be public,

competitive, and open to all applicants unless the municipality

shall by ordinance limit applicants to residents of the

municipality, county or counties in which the municipality is

located, State, or nation. Any examination and testing

procedure utilized under subsection (e) of this Section shall

be supported by appropriate validation evidence and shall

comply with all applicable State state and federal laws.

Municipalities may establish educational, emergency medical

service licensure, and other pre-requisites for participation

in an examination or for hire as a firefighter. Any

municipality may charge a fee to cover the costs of the

application process.

Residency requirements in effect at the time an individual

enters the fire service of a municipality cannot be made more

restrictive for that individual during his or her period of

service for that municipality, or be made a condition of

promotion, except for the rank or position of fire chief and

for no more than 2 positions that rank immediately below that

of the chief rank which are appointed positions pursuant to the

Fire Department Promotion Act.

No person who is 35 years of age or older shall be eligible

to take an examination for a position as a firefighter unless

the person has had previous employment status as a firefighter

in the regularly constituted fire department of the

municipality, except as provided in this Section. The age

limitation does not apply to:

(1) any person previously employed as a full-time

firefighter in a regularly constituted fire department of

(i) any municipality or fire protection district located in

Illinois, (ii) a fire protection district whose

obligations were assumed by a municipality under Section 21

of the Fire Protection District Act, or (iii) a

municipality whose obligations were taken over by a fire

protection district, or

(2) any person who has served a municipality as a

regularly enrolled volunteer, paid-on-call, or part-time

firefighter for the 5 years immediately preceding the time

that the municipality begins to use full-time firefighters

to provide all or part of its fire protection service.

No person who is under 21 years of age shall be eligible

for employment as a firefighter.

No applicant shall be examined concerning his or her

political or religious opinions or affiliations. The

examinations shall be conducted by the commissioners of the

municipality or their designees and agents.

No municipality shall require that any firefighter

appointed to the lowest rank serve a probationary employment

period of longer than one year of actual active employment,

which may exclude periods of training, or injury or illness

leaves, including duty related leave, in excess of 30 calendar

days. 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 licensed 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

licensure.

In the event that any applicant who has been found eligible

for appointment and whose name has been placed upon the final

eligibility register provided for in this Division 1 has not

been appointed to a firefighter position within one year after

the date of his or her physical ability examination, the

commission may cause a second examination to be made of that

applicant's physical ability prior to his or her appointment.

If, after the second examination, the physical ability of the

applicant shall be found to be less than the minimum standard

fixed by the rules of the commission, the applicant shall not

be appointed. The applicant's name may be retained upon the

register of candidates eligible for appointment and when next

reached for certification and appointment that applicant may be

again examined as provided in this Section, and if the physical

ability of that applicant is found to be less than the minimum

standard fixed by the rules of the commission, the applicant

shall not be appointed, and the name of the applicant shall be

removed from the register.

(d) Notice, examination, and testing components. Notice of

the time, place, general scope, merit criteria for any

subjective component, and fee of every examination shall be

given by the commission, by a publication at least 2 weeks

preceding the examination: (i) in one or more newspapers

published in the municipality, or if no newspaper is published

therein, then in one or more newspapers with a general

circulation within the municipality, or (ii) on the

municipality's Internet website. Additional notice of the

examination may be given as the commission shall prescribe.

The examination and qualifying standards for employment of

firefighters shall be based on: mental aptitude, physical

ability, preferences, moral character, and health. The mental

aptitude, physical ability, and preference components shall

determine an applicant's qualification for and placement on the

final register of eligibles. The examination may also include a

subjective component based on merit criteria as determined by

the commission. Scores from the examination must be made

available to the public.

(e) Mental aptitude. No person who does not possess at

least a high school diploma or an equivalent high school

education shall be placed on a register of eligibles.

Examination of an applicant's mental aptitude shall be based

upon a written examination. The examination shall be practical

in character and relate to those matters that fairly test the

capacity of the persons examined to discharge the duties

performed by members of a fire department. Written examinations

shall be administered in a manner that ensures the security and

accuracy of the scores achieved.

(f) Physical ability. All candidates shall be required to

undergo an examination of their physical ability to perform the

essential functions included in the duties they may be called

upon to perform as a member of a fire department. For the

purposes of this Section, essential functions of the job are

functions associated with duties that a firefighter may be

called upon to perform in response to emergency calls. The

frequency of the occurrence of those duties as part of the fire

department's regular routine shall not be a controlling factor

in the design of examination criteria or evolutions selected

for testing. These physical examinations shall be open,

competitive, and based on industry standards designed to test

each applicant's physical abilities in the following

dimensions:

(1) Muscular strength to perform tasks and evolutions

that may be required in the performance of duties including

grip strength, leg strength, and arm strength. Tests shall

be conducted under anaerobic as well as aerobic conditions

to test both the candidate's speed and endurance in

performing tasks and evolutions. Tasks tested may be based

on standards developed, or approved, by the local

appointing authority.

(2) The ability to climb ladders, operate from heights,

walk or crawl in the dark along narrow and uneven surfaces,

and operate in proximity to hazardous environments.

(3) The ability to carry out critical, time-sensitive,

and complex problem solving during physical exertion in

stressful and hazardous environments. The testing

environment may be hot and dark with tightly enclosed

spaces, flashing lights, sirens, and other distractions.

The tests utilized to measure each applicant's

capabilities in each of these dimensions may be tests based on

industry standards currently in use or equivalent tests

approved by the Joint Labor-Management Committee of the Office

of the State Fire Marshal.

Physical ability examinations administered under this

Section shall be conducted with a reasonable number of proctors

and monitors, open to the public, and subject to reasonable

regulations of the commission.

(g) Scoring of examination components. Appointing

authorities may create a preliminary eligibility register. A

person shall be placed on the list based upon his or her

passage of the written examination or the passage of the

written examination and the physical ability component.

Passage of the written examination means attaining the minimum

score set by the commission. Minimum scores should be set by

the commission so as to demonstrate a candidate's ability to

perform the essential functions of the job. The minimum score

set by the commission shall be supported by appropriate

validation evidence and shall comply with all applicable State

state and federal laws. The appointing authority may conduct

the physical ability component and any subjective components

subsequent to the posting of the preliminary eligibility

register.

The examination components for an initial eligibility

register shall be graded on a 100-point scale. A person's

position on the list shall be determined by the following: (i)

the person's score on the written examination, (ii) the person

successfully passing the physical ability component, and (iii)

the person's results on any subjective component as described

in subsection (d).

In order to qualify for placement on the final eligibility

register, an applicant's score on the written examination,

before any applicable preference points or subjective points

are applied, shall be at or above the minimum score set by the

commission. The local appointing authority may prescribe the

score to qualify for placement on the final eligibility

register, but the score shall not be less than the minimum

score set by the commission.

The commission shall prepare and keep a register of persons

whose total score is not less than the minimum score for

passage and who have passed the physical ability examination.

These persons shall take rank upon the register as candidates

in the order of their relative excellence based on the highest

to the lowest total points scored on the mental aptitude,

subjective component, and preference components of the test

administered in accordance with this Section. No more than 60

days after each examination, an initial eligibility list shall

be posted by the commission. The list shall include the final

grades of the candidates without reference to priority of the

time of examination and subject to claim for preference credit.

Commissions may conduct additional examinations, including

without limitation a polygraph test, after a final eligibility

register is established and before it expires with the

candidates ranked by total score without regard to date of

examination. No more than 60 days after each examination, an

initial eligibility list shall be posted by the commission

showing the final grades of the candidates without reference to

priority of time of examination and subject to claim for

preference credit.

(h) Preferences. The following are preferences:

(1) Veteran preference. Persons who were engaged in the

military service of the United States for a period of at

least one year of active duty and who were honorably

discharged therefrom, or who are now or have been members

on inactive or reserve duty in such military or naval

service, shall be preferred for appointment to and

employment with the fire department of an affected

department.

(2) Fire cadet preference. Persons who have

successfully completed 2 years of study in fire techniques

or cadet training within a cadet program established under

the rules of the Joint Labor and Management Committee

(JLMC), as defined in Section 50 of the Fire Department

Promotion Act, may be preferred for appointment to and

employment with the fire department.

(3) Educational preference. Persons who have

successfully obtained an associate's degree in the field of

fire service or emergency medical services, or a bachelor's

degree from an accredited college or university may be

preferred for appointment to and employment with the fire

department.

(4) Paramedic preference. Persons who have obtained a

license as a paramedic may be preferred for appointment to

and employment with the fire department of an affected

department providing emergency medical services.

(5) Experience preference. All persons employed by a

municipality who have been paid-on-call or part-time

certified Firefighter II, certified Firefighter III, State

of Illinois or nationally licensed EMT, EMT-I, A-EMT, or

paramedic, or any combination of those capacities may be

awarded up to a maximum of 5 points. However, the applicant

may not be awarded more than 0.5 points for each complete

year of paid-on-call or part-time service. Applicants from

outside the municipality who were employed as full-time

firefighters or firefighter-paramedics by a fire

protection district or another municipality may be awarded

up to 5 experience preference points. However, the

applicant may not be awarded more than one point for each

complete year of full-time service.

Upon request by the commission, the governing body of

the municipality or in the case of applicants from outside

the municipality the governing body of any fire protection

district or any other municipality shall certify to the

commission, within 10 days after the request, the number of

years of successful paid-on-call, part-time, or full-time

service of any person. A candidate may not receive the full

amount of preference points under this subsection if the

amount of points awarded would place the candidate before a

veteran on the eligibility list. If more than one candidate

receiving experience preference points is prevented from

receiving all of their points due to not being allowed to

pass a veteran, the candidates shall be placed on the list

below the veteran in rank order based on the totals

received if all points under this subsection were to be

awarded. Any remaining ties on the list shall be determined

by lot.

(6) Residency preference. Applicants whose principal

residence is located within the fire department's

jurisdiction may be preferred for appointment to and

employment with the fire department.

(7) Additional preferences. Up to 5 additional

preference points may be awarded for unique categories

based on an applicant's experience or background as

identified by the commission.

(8) Scoring of preferences. The commission shall give

preference for original appointment to persons designated

in item (1) by adding to the final grade that they receive

5 points for the recognized preference achieved. The

commission shall determine the number of preference points

for each category except (1). The number of preference

points for each category shall range from 0 to 5. In

determining the number of preference points, the

commission shall prescribe that if a candidate earns the

maximum number of preference points in all categories, that

number may not be less than 10 nor more than 30. The

commission shall give preference for original appointment

to persons designated in items (2) through (7) by adding

the requisite number of points to the final grade for each

recognized preference achieved. The numerical result thus

attained shall be applied by the commission in determining

the final eligibility list and appointment from the

eligibility list. The local appointing authority may

prescribe the total number of preference points awarded

under this Section, but the total number of preference

points shall not be less than 10 points or more than 30

points.

No person entitled to any preference shall be required to

claim the credit before any examination held under the

provisions of this Section, but the preference shall be given

after the posting or publication of the initial eligibility

list or register at the request of a person entitled to a

credit before any certification or appointments are made from

the eligibility register, upon the furnishing of verifiable

evidence and proof of qualifying preference credit. Candidates

who are eligible for preference credit shall make a claim in

writing within 10 days after the posting of the initial

eligibility list, or the claim shall be deemed waived. Final

eligibility registers shall be established after the awarding

of verified preference points. All employment shall be subject

to the commission's initial hire background review including,

but not limited to, criminal history, employment history, moral

character, oral examination, and medical and psychological

examinations, all on a pass-fail basis. The medical and

psychological examinations must be conducted last, and may only

be performed after a conditional offer of employment has been

extended.

Any person placed on an eligibility list who exceeds the

age requirement before being appointed to a fire department

shall remain eligible for appointment until the list is

abolished, or his or her name has been on the list for a period

of 2 years. No person who has attained the age of 35 years

shall be inducted into a fire department, except as otherwise

provided in this Section.

The commission shall strike off the names of candidates for

original appointment after the names have been on the list for

more than 2 years.

(i) Moral character. No person shall be appointed to a fire

department unless he or she is a person of good character; not

a habitual drunkard, a gambler, or a person who has been

convicted of a felony or a crime involving moral turpitude.

However, no person shall be disqualified from appointment to

the fire department because of the person's record of

misdemeanor convictions except those under Sections 11-6,

11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,

12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,

31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections

1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the

Criminal Code of 2012, or arrest for any cause without

conviction thereon. Any such person who is in the department

may be removed on charges brought for violating this subsection

and after a trial as hereinafter provided.

A classifiable set of the fingerprints of every person who

is offered employment as a certificated member of an affected

fire department whether with or without compensation, shall be

furnished to the Illinois Department of State Police and to the

Federal Bureau of Investigation by the commission.

Whenever a commission is authorized or required by law to

consider some aspect of criminal history record information for

the purpose of carrying out its statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

State Police Law of the Civil Administrative Code of Illinois,

the Department of State Police is authorized to furnish,

pursuant to positive identification, the information contained

in State files as is necessary to fulfill the request.

(j) Temporary appointments. In order to prevent a stoppage

of public business, to meet extraordinary exigencies, or to

prevent material impairment of the fire department, the

commission may make temporary appointments, to remain in force

only until regular appointments are made under the provisions

of this Division, but never to exceed 60 days. No temporary

appointment of any one person shall be made more than twice in

any calendar year.

(k) A person who knowingly divulges or receives test

questions or answers before a written examination, or otherwise

knowingly violates or subverts any requirement of this Section,

commits a violation of this Section and may be subject to

charges for official misconduct.

A person who is the knowing recipient of test information

in advance of the examination shall be disqualified from the

examination or discharged from the position to which he or she

was appointed, as applicable, and otherwise subjected to

disciplinary actions.

(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;

97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.

8-15-14; revised 10-2-14.)

(65 ILCS 5/10-2.1-6.3)

Sec. 10-2.1-6.3. Original appointments; full-time fire

department.

(a) Applicability. Unless a commission elects to follow the

provisions of Section 10-2.1-6.4, this Section shall apply to

all original appointments to an affected full-time fire

department. Existing registers of eligibles shall continue to

be valid until their expiration dates, or up to a maximum of 2

years after the effective date of this amendatory Act of the

97th General Assembly.

Notwithstanding any statute, ordinance, rule, or other law

to the contrary, all original appointments to an affected

department to which this Section applies shall be administered

in the manner provided for in this Section. Provisions of the

Illinois Municipal Code, municipal ordinances, and rules

adopted pursuant to such authority and other laws relating to

initial hiring of firefighters in affected departments shall

continue to apply to the extent they are compatible with this

Section, but in the event of a conflict between this Section

and any other law, this Section shall control.

A home rule or non-home rule municipality may not

administer its fire department process for original

appointments in a manner that is less stringent than this

Section. This Section is a limitation under subsection (i) of

Section 6 of Article VII of the Illinois Constitution on the

concurrent exercise by home rule units of the powers and

functions exercised by the State.

A municipality that is operating under a court order or

consent decree regarding original appointments to a full-time

fire department before the effective date of this amendatory

Act of the 97th General Assembly is exempt from the

requirements of this Section for the duration of the court

order or consent decree.

Notwithstanding any other provision of this subsection

(a), this Section does not apply to a municipality with more

than 1,000,000 inhabitants.

(b) Original appointments. All original appointments made

to an affected fire department shall be made from a register of

eligibles established in accordance with the processes

established by this Section. Only persons who meet or exceed

the performance standards required by this Section shall be

placed on a register of eligibles for original appointment to

an affected fire department.

Whenever an appointing authority authorizes action to hire

a person to perform the duties of a firefighter or to hire a

firefighter-paramedic to fill a position that is a new position

or vacancy due to resignation, discharge, promotion, death, the

granting of a disability or retirement pension, or any other

cause, the appointing authority shall appoint to that position

the person with the highest ranking on the final eligibility

list. If the appointing authority has reason to conclude that

the highest ranked person fails to meet the minimum standards

for the position or if the appointing authority believes an

alternate candidate would better serve the needs of the

department, then the appointing authority has the right to pass

over the highest ranked person and appoint either: (i) any

person who has a ranking in the top 5% of the register of

eligibles or (ii) any person who is among the top 5 highest

ranked persons on the list of eligibles if the number of people

who have a ranking in the top 5% of the register of eligibles

is less than 5 people.

Any candidate may pass on an appointment once without

losing his or her position on the register of eligibles. Any

candidate who passes a second time may be removed from the list

by the appointing authority provided that such action shall not

prejudice a person's opportunities to participate in future

examinations, including an examination held during the time a

candidate is already on the municipality's register of

eligibles.

The sole authority to issue certificates of appointment

shall be vested in the board of fire and police commissioners.

All certificates of appointment issued to any officer or member

of an affected department shall be signed by the chairperson

and secretary, respectively, of the board upon appointment of

such officer or member to the affected department by action of

the board. Each person who accepts a certificate of appointment

and successfully completes his or her probationary period shall

be enrolled as a firefighter and as a regular member of the

fire department.

For the purposes of this Section, "firefighter" means any

person who has been prior to, on, or after the effective date

of this amendatory Act of the 97th General Assembly appointed

to a fire department or fire protection district or employed by

a State university and sworn or commissioned to perform

firefighter duties or paramedic duties, or both, except that

the following persons are not included: part-time

firefighters; auxiliary, reserve, or voluntary firefighters,

including paid-on-call firefighters; clerks and dispatchers or

other civilian employees of a fire department or fire

protection district who are not routinely expected to perform

firefighter duties; and elected officials.

(c) Qualification for placement on register of eligibles.

The purpose of establishing a register of eligibles is to

identify applicants who possess and demonstrate the mental

aptitude and physical ability to perform the duties required of

members of the fire department in order to provide the highest

quality of service to the public. To this end, all applicants

for original appointment to an affected fire department shall

be subject to examination and testing which shall be public,

competitive, and open to all applicants unless the municipality

shall by ordinance limit applicants to residents of the

municipality, county or counties in which the municipality is

located, State, or nation. Any examination and testing

procedure utilized under subsection (e) of this Section shall

be supported by appropriate validation evidence and shall

comply with all applicable State state and federal laws.

Municipalities may establish educational, emergency medical

service licensure, and other pre-requisites for participation

in an examination or for hire as a firefighter. Any

municipality may charge a fee to cover the costs of the

application process.

Residency requirements in effect at the time an individual

enters the fire service of a municipality cannot be made more

restrictive for that individual during his or her period of

service for that municipality, or be made a condition of

promotion, except for the rank or position of fire chief and

for no more than 2 positions that rank immediately below that

of the chief rank which are appointed positions pursuant to the

Fire Department Promotion Act.

No person who is 35 years of age or older shall be eligible

to take an examination for a position as a firefighter unless

the person has had previous employment status as a firefighter

in the regularly constituted fire department of the

municipality, except as provided in this Section. The age

limitation does not apply to:

(1) any person previously employed as a full-time

firefighter in a regularly constituted fire department of

(i) any municipality or fire protection district located in

Illinois, (ii) a fire protection district whose

obligations were assumed by a municipality under Section 21

of the Fire Protection District Act, or (iii) a

municipality whose obligations were taken over by a fire

protection district, or

(2) any person who has served a municipality as a

regularly enrolled volunteer, paid-on-call, or part-time

firefighter for the 5 years immediately preceding the time

that the municipality begins to use full-time firefighters

to provide all or part of its fire protection service.

No person who is under 21 years of age shall be eligible

for employment as a firefighter.

No applicant shall be examined concerning his or her

political or religious opinions or affiliations. The

examinations shall be conducted by the commissioners of the

municipality or their designees and agents.

No municipality shall require that any firefighter

appointed to the lowest rank serve a probationary employment

period of longer than one year of actual active employment,

which may exclude periods of training, or injury or illness

leaves, including duty related leave, in excess of 30 calendar

days. 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 licensed 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

licensure.

In the event that any applicant who has been found eligible

for appointment and whose name has been placed upon the final

eligibility register provided for in this Section has not been

appointed to a firefighter position within one year after the

date of his or her physical ability examination, the commission

may cause a second examination to be made of that applicant's

physical ability prior to his or her appointment. If, after the

second examination, the physical ability of the applicant shall

be found to be less than the minimum standard fixed by the

rules of the commission, the applicant shall not be appointed.

The applicant's name may be retained upon the register of

candidates eligible for appointment and when next reached for

certification and appointment that applicant may be again

examined as provided in this Section, and if the physical

ability of that applicant is found to be less than the minimum

standard fixed by the rules of the commission, the applicant

shall not be appointed, and the name of the applicant shall be

removed from the register.

(d) Notice, examination, and testing components. Notice of

the time, place, general scope, merit criteria for any

subjective component, and fee of every examination shall be

given by the commission, by a publication at least 2 weeks

preceding the examination: (i) in one or more newspapers

published in the municipality, or if no newspaper is published

therein, then in one or more newspapers with a general

circulation within the municipality, or (ii) on the

municipality's Internet website. Additional notice of the

examination may be given as the commission shall prescribe.

The examination and qualifying standards for employment of

firefighters shall be based on: mental aptitude, physical

ability, preferences, moral character, and health. The mental

aptitude, physical ability, and preference components shall

determine an applicant's qualification for and placement on the

final register of eligibles. The examination may also include a

subjective component based on merit criteria as determined by

the commission. Scores from the examination must be made

available to the public.

(e) Mental aptitude. No person who does not possess at

least a high school diploma or an equivalent high school

education shall be placed on a register of eligibles.

Examination of an applicant's mental aptitude shall be based

upon a written examination. The examination shall be practical

in character and relate to those matters that fairly test the

capacity of the persons examined to discharge the duties

performed by members of a fire department. Written examinations

shall be administered in a manner that ensures the security and

accuracy of the scores achieved.

(f) Physical ability. All candidates shall be required to

undergo an examination of their physical ability to perform the

essential functions included in the duties they may be called

upon to perform as a member of a fire department. For the

purposes of this Section, essential functions of the job are

functions associated with duties that a firefighter may be

called upon to perform in response to emergency calls. The

frequency of the occurrence of those duties as part of the fire

department's regular routine shall not be a controlling factor

in the design of examination criteria or evolutions selected

for testing. These physical examinations shall be open,

competitive, and based on industry standards designed to test

each applicant's physical abilities in the following

dimensions:

(1) Muscular strength to perform tasks and evolutions

that may be required in the performance of duties including

grip strength, leg strength, and arm strength. Tests shall

be conducted under anaerobic as well as aerobic conditions

to test both the candidate's speed and endurance in

performing tasks and evolutions. Tasks tested may be based

on standards developed, or approved, by the local

appointing authority.

(2) The ability to climb ladders, operate from heights,

walk or crawl in the dark along narrow and uneven surfaces,

and operate in proximity to hazardous environments.

(3) The ability to carry out critical, time-sensitive,

and complex problem solving during physical exertion in

stressful and hazardous environments. The testing

environment may be hot and dark with tightly enclosed

spaces, flashing lights, sirens, and other distractions.

The tests utilized to measure each applicant's

capabilities in each of these dimensions may be tests based on

industry standards currently in use or equivalent tests

approved by the Joint Labor-Management Committee of the Office

of the State Fire Marshal.

Physical ability examinations administered under this

Section shall be conducted with a reasonable number of proctors

and monitors, open to the public, and subject to reasonable

regulations of the commission.

(g) Scoring of examination components. Appointing

authorities may create a preliminary eligibility register. A

person shall be placed on the list based upon his or her

passage of the written examination or the passage of the

written examination and the physical ability component.

Passage of the written examination means attaining the minimum

score set by the commission. Minimum scores should be set by

the commission so as to demonstrate a candidate's ability to

perform the essential functions of the job. The minimum score

set by the commission shall be supported by appropriate

validation evidence and shall comply with all applicable State

state and federal laws. The appointing authority may conduct

the physical ability component and any subjective components

subsequent to the posting of the preliminary eligibility

register.

The examination components for an initial eligibility

register shall be graded on a 100-point scale. A person's

position on the list shall be determined by the following: (i)

the person's score on the written examination, (ii) the person

successfully passing the physical ability component, and (iii)

the person's results on any subjective component as described

in subsection (d).

In order to qualify for placement on the final eligibility

register, an applicant's score on the written examination,

before any applicable preference points or subjective points

are applied, shall be at or above the minimum score as set by

the commission. The local appointing authority may prescribe

the score to qualify for placement on the final eligibility

register, but the score shall not be less than the minimum

score set by the commission.

The commission shall prepare and keep a register of persons

whose total score is not less than the minimum score for

passage and who have passed the physical ability examination.

These persons shall take rank upon the register as candidates

in the order of their relative excellence based on the highest

to the lowest total points scored on the mental aptitude,

subjective component, and preference components of the test

administered in accordance with this Section. No more than 60

days after each examination, an initial eligibility list shall

be posted by the commission. The list shall include the final

grades of the candidates without reference to priority of the

time of examination and subject to claim for preference credit.

Commissions may conduct additional examinations, including

without limitation a polygraph test, after a final eligibility

register is established and before it expires with the

candidates ranked by total score without regard to date of

examination. No more than 60 days after each examination, an

initial eligibility list shall be posted by the commission

showing the final grades of the candidates without reference to

priority of time of examination and subject to claim for

preference credit.

(h) Preferences. The following are preferences:

(1) Veteran preference. Persons who were engaged in the

military service of the United States for a period of at

least one year of active duty and who were honorably

discharged therefrom, or who are now or have been members

on inactive or reserve duty in such military or naval

service, shall be preferred for appointment to and

employment with the fire department of an affected

department.

(2) Fire cadet preference. Persons who have

successfully completed 2 years of study in fire techniques

or cadet training within a cadet program established under

the rules of the Joint Labor and Management Committee

(JLMC), as defined in Section 50 of the Fire Department

Promotion Act, may be preferred for appointment to and

employment with the fire department.

(3) Educational preference. Persons who have

successfully obtained an associate's degree in the field of

fire service or emergency medical services, or a bachelor's

degree from an accredited college or university may be

preferred for appointment to and employment with the fire

department.

(4) Paramedic preference. Persons who have obtained a

license as a paramedic shall be preferred for appointment

to and employment with the fire department of an affected

department providing emergency medical services.

(5) Experience preference. All persons employed by a

municipality who have been paid-on-call or part-time

certified Firefighter II, State of Illinois or nationally

licensed EMT, EMT-I, A-EMT, or any combination of those

capacities shall be awarded 0.5 point for each year of

successful service in one or more of those capacities, up

to a maximum of 5 points. Certified Firefighter III and

State of Illinois or nationally licensed paramedics shall

be awarded one point per year up to a maximum of 5 points.

Applicants from outside the municipality who were employed

as full-time firefighters or firefighter-paramedics by a

fire protection district or another municipality for at

least 2 years shall be awarded 5 experience preference

points. These additional points presuppose a rating scale

totaling 100 points available for the eligibility list. If

more or fewer points are used in the rating scale for the

eligibility list, the points awarded under this subsection

shall be increased or decreased by a factor equal to the

total possible points available for the examination

divided by 100.

Upon request by the commission, the governing body of

the municipality or in the case of applicants from outside

the municipality the governing body of any fire protection

district or any other municipality shall certify to the

commission, within 10 days after the request, the number of

years of successful paid-on-call, part-time, or full-time

service of any person. A candidate may not receive the full

amount of preference points under this subsection if the

amount of points awarded would place the candidate before a

veteran on the eligibility list. If more than one candidate

receiving experience preference points is prevented from

receiving all of their points due to not being allowed to

pass a veteran, the candidates shall be placed on the list

below the veteran in rank order based on the totals

received if all points under this subsection were to be

awarded. Any remaining ties on the list shall be determined

by lot.

(6) Residency preference. Applicants whose principal

residence is located within the fire department's

jurisdiction shall be preferred for appointment to and

employment with the fire department.

(7) Additional preferences. Up to 5 additional

preference points may be awarded for unique categories

based on an applicant's experience or background as

identified by the commission.

(8) Scoring of preferences. The commission shall give

preference for original appointment to persons designated

in item (1) by adding to the final grade that they receive

5 points for the recognized preference achieved. The

commission shall determine the number of preference points

for each category except (1). The number of preference

points for each category shall range from 0 to 5. In

determining the number of preference points, the

commission shall prescribe that if a candidate earns the

maximum number of preference points in all categories, that

number may not be less than 10 nor more than 30. The

commission shall give preference for original appointment

to persons designated in items (2) through (7) by adding

the requisite number of points to the final grade for each

recognized preference achieved. The numerical result thus

attained shall be applied by the commission in determining

the final eligibility list and appointment from the

eligibility list. The local appointing authority may

prescribe the total number of preference points awarded

under this Section, but the total number of preference

points shall not be less than 10 points or more than 30

points.

No person entitled to any preference shall be required to

claim the credit before any examination held under the

provisions of this Section, but the preference shall be given

after the posting or publication of the initial eligibility

list or register at the request of a person entitled to a

credit before any certification or appointments are made from

the eligibility register, upon the furnishing of verifiable

evidence and proof of qualifying preference credit. Candidates

who are eligible for preference credit shall make a claim in

writing within 10 days after the posting of the initial

eligibility list, or the claim shall be deemed waived. Final

eligibility registers shall be established after the awarding

of verified preference points. All employment shall be subject

to the commission's initial hire background review including,

but not limited to, criminal history, employment history, moral

character, oral examination, and medical and psychological

examinations, all on a pass-fail basis. The medical and

psychological examinations must be conducted last, and may only

be performed after a conditional offer of employment has been

extended.

Any person placed on an eligibility list who exceeds the

age requirement before being appointed to a fire department

shall remain eligible for appointment until the list is

abolished, or his or her name has been on the list for a period

of 2 years. No person who has attained the age of 35 years

shall be inducted into a fire department, except as otherwise

provided in this Section.

The commission shall strike off the names of candidates for

original appointment after the names have been on the list for

more than 2 years.

(i) Moral character. No person shall be appointed to a fire

department unless he or she is a person of good character; not

a habitual drunkard, a gambler, or a person who has been

convicted of a felony or a crime involving moral turpitude.

However, no person shall be disqualified from appointment to

the fire department because of the person's record of

misdemeanor convictions except those under Sections 11-6,

11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,

12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,

31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections

1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the

Criminal Code of 2012, or arrest for any cause without

conviction thereon. Any such person who is in the department

may be removed on charges brought for violating this subsection

and after a trial as hereinafter provided.

A classifiable set of the fingerprints of every person who

is offered employment as a certificated member of an affected

fire department whether with or without compensation, shall be

furnished to the Illinois Department of State Police and to the

Federal Bureau of Investigation by the commission.

Whenever a commission is authorized or required by law to

consider some aspect of criminal history record information for

the purpose of carrying out its statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

State Police Law of the Civil Administrative Code of Illinois,

the Department of State Police is authorized to furnish,

pursuant to positive identification, the information contained

in State files as is necessary to fulfill the request.

(j) Temporary appointments. In order to prevent a stoppage

of public business, to meet extraordinary exigencies, or to

prevent material impairment of the fire department, the

commission may make temporary appointments, to remain in force

only until regular appointments are made under the provisions

of this Division, but never to exceed 60 days. No temporary

appointment of any one person shall be made more than twice in

any calendar year.

(k) A person who knowingly divulges or receives test

questions or answers before a written examination, or otherwise

knowingly violates or subverts any requirement of this Section,

commits a violation of this Section and may be subject to

charges for official misconduct.

A person who is the knowing recipient of test information

in advance of the examination shall be disqualified from the

examination or discharged from the position to which he or she

was appointed, as applicable, and otherwise subjected to

disciplinary actions.

(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;

97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.

8-15-14, revised 10-2-14.)

(65 ILCS 5/11-12-5) (from Ch. 24, par. 11-12-5)

Sec. 11-12-5. Every plan commission and planning

department authorized by this Division 12 has the following

powers and whenever in this Division 12 the term plan

commission is used such term shall be deemed to include the

term planning department:

(1) To prepare and recommend to the corporate

authorities a comprehensive plan for the present and future

development or redevelopment of the municipality. Such

plan may be adopted in whole or in separate geographical or

functional parts, each of which, when adopted, shall be the

official comprehensive plan, or part thereof, of that

municipality. This plan may include reasonable

requirements with reference to streets, alleys, public

grounds, and other improvements hereinafter specified. The

plan, as recommended by the plan commission and as

thereafter adopted in any municipality in this state, may

be made applicable, by the terms thereof, to land situated

within the corporate limits and contiguous territory not

more than one and one-half miles beyond the corporate

limits and not included in any municipality. Such plan may

be implemented by ordinances (a) establishing reasonable

standards of design for subdivisions and for

resubdivisions of unimproved land and of areas subject to

redevelopment in respect to public improvements as herein

defined; (b) establishing reasonable requirements

governing the location, width, course, and surfacing of

public streets and highways, alleys, ways for public

service facilities, curbs, gutters, sidewalks, street

lights, parks, playgrounds, school grounds, size of lots to

be used for residential purposes, storm water drainage,

water supply and distribution, sanitary sewers, and sewage

collection and treatment; and (c) may designate land

suitable for annexation to the municipality and the

recommended zoning classification for such land upon

annexation.

(2) To recommend changes, from time to time, in the

official comprehensive plan.

(3) To prepare and recommend to the corporate

authorities, from time to time, plans for specific

improvements in pursuance of the official comprehensive

plan.

(4) To give aid to the municipal officials charged with

the direction of projects for improvements embraced within

the official plan, to further the making of these projects,

and, generally, to promote the realization of the official

comprehensive plan.

(5) To prepare and recommend to the corporate

authorities schemes for regulating or forbidding

structures or activities which may hinder access to solar

energy necessary for the proper functioning of solar energy

systems, as defined in Section 1.2 of The Comprehensive

Solar Energy Act of 1977, or to recommend changes in such

schemes.

(6) To exercise such other powers germane to the powers

granted by this article as may be conferred by the

corporate authorities.

(7) For purposes of implementing ordinances regarding

developer donations or impact fees, and specifically for

expenditures thereof, "school grounds" is defined as including

land or site improvements, which include school buildings or

other infrastructure, including technological infrastructure,

necessitated and specifically and uniquely attributed to the

development or subdivision in question. This amendatory Act of

the 93rd General Assembly applies to all impact fees or

developer donations paid into a school district or held in a

separate account or escrow fund by any school district or

municipality for a school district.

(Source: P.A. 98-741, eff. 1-1-15; revised 12-1-14.)

(65 ILCS 5/11-74.4-3.5)

Sec. 11-74.4-3.5. Completion dates for redevelopment

projects.

(a) Unless otherwise stated in this Section, the estimated

dates of completion of the redevelopment project and retirement

of obligations issued to finance redevelopment project costs

(including refunding bonds under Section 11-74.4-7) may not be

later than December 31 of the year in which the payment to the

municipal treasurer, as provided in subsection (b) of Section

11-74.4-8 of this Act, is to be made with respect to ad valorem

taxes levied in the 23rd calendar year after the year in which

the ordinance approving the redevelopment project area was

adopted if the ordinance was adopted on or after January 15,

1981.

(b) The estimated dates of completion of the redevelopment

project and retirement of obligations issued to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the

year in which the payment to the municipal treasurer as

provided in subsection (b) of Section 11-74.4-8 of this Act is

to be made with respect to ad valorem taxes levied in the 32nd

calendar year after the year in which the ordinance approving

the redevelopment project area was adopted if the ordinance was

adopted on September 9, 1999 by the Village of Downs.

The estimated dates of completion of the redevelopment

project and retirement of obligations issued to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the

year in which the payment to the municipal treasurer as

provided in subsection (b) of Section 11-74.4-8 of this Act is

to be made with respect to ad valorem taxes levied in the 33rd

calendar year after the year in which the ordinance approving

the redevelopment project area was adopted if the ordinance was

adopted on May 20, 1985 by the Village of Wheeling.

The estimated dates of completion of the redevelopment

project and retirement of obligations issued to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the

year in which the payment to the municipal treasurer as

provided in subsection (b) of Section 11-74.4-8 of this Act is

to be made with respect to ad valorem taxes levied in the 28th

calendar year after the year in which the ordinance approving

the redevelopment project area was adopted if the ordinance was

adopted on October 12, 1989 by the City of Lawrenceville.

(c) The estimated dates of completion of the redevelopment

project and retirement of obligations issued to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the

year in which the payment to the municipal treasurer as

provided in subsection (b) of Section 11-74.4-8 of this Act is

to be made with respect to ad valorem taxes levied in the 35th

calendar year after the year in which the ordinance approving

the redevelopment project area was adopted:

(1) If if the ordinance was adopted before January 15,

1981. ;

(2) If if the ordinance was adopted in December 1983,

April 1984, July 1985, or December 1989. ;

(3) If if the ordinance was adopted in December 1987

and the redevelopment project is located within one mile of

Midway Airport. ;

(4) If if the ordinance was adopted before January 1,

1987 by a municipality in Mason County. ;

(5) If if the municipality is subject to the Local

Government Financial Planning and Supervision Act or the

Financially Distressed City Law. ;

(6) If if the ordinance was adopted in December 1984 by

the Village of Rosemont. ;

(7) If if the ordinance was adopted on December 31,

1986 by a municipality located in Clinton County for which

at least $250,000 of tax increment bonds were authorized on

June 17, 1997, or if the ordinance was adopted on December

31, 1986 by a municipality with a population in 1990 of

less than 3,600 that is located in a county with a

population in 1990 of less than 34,000 and for which at

least $250,000 of tax increment bonds were authorized on

June 17, 1997. ;

(8) If if the ordinance was adopted on October 5, 1982

by the City of Kankakee, or if the ordinance was adopted on

December 29, 1986 by East St. Louis. ;

(9) If if the ordinance was adopted on November 12,

1991 by the Village of Sauget. ;

(10) If if the ordinance was adopted on February 11,

1985 by the City of Rock Island. ;

(11) If if the ordinance was adopted before December

18, 1986 by the City of Moline. ;

(12) If if the ordinance was adopted in September 1988

by Sauk Village. ;

(13) If if the ordinance was adopted in October 1993 by

Sauk Village. ;

(14) If if the ordinance was adopted on December 29,

1986 by the City of Galva. ;

(15) If if the ordinance was adopted in March 1991 by

the City of Centreville. ;

(16) If if the ordinance was adopted on January 23,

1991 by the City of East St. Louis. ;

(17) If if the ordinance was adopted on December 22,

1986 by the City of Aledo. ;

(18) If if the ordinance was adopted on February 5,

1990 by the City of Clinton. ;

(19) If if the ordinance was adopted on September 6,

1994 by the City of Freeport. ;

(20) If if the ordinance was adopted on December 22,

1986 by the City of Tuscola. ;

(21) If if the ordinance was adopted on December 23,

1986 by the City of Sparta. ;

(22) If if the ordinance was adopted on December 23,

1986 by the City of Beardstown. ;

(23) If if the ordinance was adopted on April 27, 1981,

October 21, 1985, or December 30, 1986 by the City of

Belleville. ;

(24) If if the ordinance was adopted on December 29,

1986 by the City of Collinsville. ;

(25) If if the ordinance was adopted on September 14,

1994 by the City of Alton. ;

(26) If if the ordinance was adopted on November 11,

1996 by the City of Lexington. ;

(27) If if the ordinance was adopted on November 5,

1984 by the City of LeRoy. ;

(28) If if the ordinance was adopted on April 3, 1991

or June 3, 1992 by the City of Markham. ;

(29) If if the ordinance was adopted on November 11,

1986 by the City of Pekin. ;

(30) If if the ordinance was adopted on December 15,

1981 by the City of Champaign. ;

(31) If if the ordinance was adopted on December 15,

1986 by the City of Urbana. ;

(32) If if the ordinance was adopted on December 15,

1986 by the Village of Heyworth. ;

(33) If if the ordinance was adopted on February 24,

1992 by the Village of Heyworth. ;

(34) If if the ordinance was adopted on March 16, 1995

by the Village of Heyworth. ;

(35) If if the ordinance was adopted on December 23,

1986 by the Town of Cicero. ;

(36) If if the ordinance was adopted on December 30,

1986 by the City of Effingham. ;

(37) If if the ordinance was adopted on May 9, 1991 by

the Village of Tilton. ;

(38) If if the ordinance was adopted on October 20,

1986 by the City of Elmhurst. ;

(39) If if the ordinance was adopted on January 19,

1988 by the City of Waukegan. ;

(40) If if the ordinance was adopted on September 21,

1998 by the City of Waukegan. ;

(41) If if the ordinance was adopted on December 31,

1986 by the City of Sullivan. ;

(42) If if the ordinance was adopted on December 23,

1991 by the City of Sullivan. ;

(43) If if the ordinance was adopted on December 31,

1986 by the City of Oglesby. ;

(44) If if the ordinance was adopted on July 28, 1987

by the City of Marion. ;

(45) If if the ordinance was adopted on April 23, 1990

by the City of Marion. ;

(46) If if the ordinance was adopted on August 20, 1985

by the Village of Mount Prospect. ;

(47) If if the ordinance was adopted on February 2,

1998 by the Village of Woodhull. ;

(48) If if the ordinance was adopted on April 20, 1993

by the Village of Princeville. ;

(49) If if the ordinance was adopted on July 1, 1986 by

the City of Granite City. ;

(50) If if the ordinance was adopted on February 2,

1989 by the Village of Lombard. ;

(51) If if the ordinance was adopted on December 29,

1986 by the Village of Gardner. ;

(52) If if the ordinance was adopted on July 14, 1999

by the Village of Paw Paw. ;

(53) If if the ordinance was adopted on November 17,

1986 by the Village of Franklin Park. ;

(54) If if the ordinance was adopted on November 20,

1989 by the Village of South Holland. ;

(55) If if the ordinance was adopted on July 14, 1992

by the Village of Riverdale. ;

(56) If if the ordinance was adopted on December 29,

1986 by the City of Galesburg. ;

(57) If if the ordinance was adopted on April 1, 1985

by the City of Galesburg. ;

(58) If if the ordinance was adopted on May 21, 1990 by

the City of West Chicago. ;

(59) If if the ordinance was adopted on December 16,

1986 by the City of Oak Forest. ;

(60) If if the ordinance was adopted in 1999 by the

City of Villa Grove. ;

(61) If if the ordinance was adopted on January 13,

1987 by the Village of Mt. Zion. ;

(62) If if the ordinance was adopted on December 30,

1986 by the Village of Manteno. ;

(63) If if the ordinance was adopted on April 3, 1989

by the City of Chicago Heights. ;

(64) If if the ordinance was adopted on January 6, 1999

by the Village of Rosemont. ;

(65) If if the ordinance was adopted on December 19,

2000 by the Village of Stone Park. ;

(66) If if the ordinance was adopted on December 22,

1986 by the City of DeKalb. ;

(67) If if the ordinance was adopted on December 2,

1986 by the City of Aurora. ;

(68) If if the ordinance was adopted on December 31,

1986 by the Village of Milan. ;

(69) If if the ordinance was adopted on September 8,

1994 by the City of West Frankfort. ;

(70) If if the ordinance was adopted on December 23,

1986 by the Village of Libertyville. ;

(71) If if the ordinance was adopted on December 22,

1986 by the Village of Hoffman Estates. ;

(72) If if the ordinance was adopted on September 17,

1986 by the Village of Sherman. ;

(73) If if the ordinance was adopted on December 16,

1986 by the City of Macomb. ;

(74) If if the ordinance was adopted on June 11, 2002

by the City of East Peoria to create the West Washington

Street TIF. ;

(75) If if the ordinance was adopted on June 11, 2002

by the City of East Peoria to create the Camp Street TIF. ;

(76) If if the ordinance was adopted on August 7, 2000

by the City of Des Plaines. ;

(77) If if the ordinance was adopted on December 22,

1986 by the City of Washington to create the Washington

Square TIF #2. ;

(78) If if the ordinance was adopted on December 29,

1986 by the City of Morris. ;

(79) If if the ordinance was adopted on July 6, 1998 by

the Village of Steeleville. ;

(80) If if the ordinance was adopted on December 29,

1986 by the City of Pontiac to create TIF I (the Main St

TIF). ;

(81) If if the ordinance was adopted on December 29,

1986 by the City of Pontiac to create TIF II (the

Interstate TIF). ;

(82) If if the ordinance was adopted on November 6,

2002 by the City of Chicago to create the Madden/Wells TIF

District. ;

(83) If if the ordinance was adopted on November 4,

1998 by the City of Chicago to create the Roosevelt/Racine

TIF District. ;

(84) If if the ordinance was adopted on June 10, 1998

by the City of Chicago to create the Stony Island

Commercial/Burnside Industrial Corridors TIF District. ;

(85) If if the ordinance was adopted on November 29,

1989 by the City of Chicago to create the Englewood Mall

TIF District. ;

(86) If if the ordinance was adopted on December 27,

1986 by the City of Mendota. ;

(87) If if the ordinance was adopted on December 31,

1986 by the Village of Cahokia. ;

(88) If if the ordinance was adopted on September 20,

1999 by the City of Belleville. ;

(89) If if the ordinance was adopted on December 30,

1986 by the Village of Bellevue to create the Bellevue TIF

District 1. ;

(90) If if the ordinance was adopted on December 13,

1993 by the Village of Crete. ;

(91) If if the ordinance was adopted on February 12,

2001 by the Village of Crete. ;

(92) If if the ordinance was adopted on April 23, 2001

by the Village of Crete. ;

(93) If if the ordinance was adopted on December 16,

1986 by the City of Champaign. ;

(94) If if the ordinance was adopted on December 20,

1986 by the City of Charleston. ;

(95) If if the ordinance was adopted on June 6, 1989 by

the Village of Romeoville. ;

(96) If if the ordinance was adopted on October 14,

1993 and amended on August 2, 2010 by the City of Venice. ;

(97) If if the ordinance was adopted on June 1, 1994 by

the City of Markham. ;

(98) If if the ordinance was adopted on May 19, 1998 by

the Village of Bensenville. ;

(99) If if the ordinance was adopted on November 12,

1987 by the City of Dixon. ;

(100) If if the ordinance was adopted on December 20,

1988 by the Village of Lansing. ;

(101) If if the ordinance was adopted on October 27,

1998 by the City of Moline. ;

(102) If if the ordinance was adopted on May 21, 1991

by the Village of Glenwood. ;

(103) If if the ordinance was adopted on January 28,

1992 by the City of East Peoria. ;

(104) If if the ordinance was adopted on December 14,

1998 by the City of Carlyle. ;

(105) If if the ordinance was adopted on May 17, 2000,

as subsequently amended, by the City of Chicago to create

the Midwest Redevelopment TIF District. ;

(106) If if the ordinance was adopted on September 13,

1989 by the City of Chicago to create the Michigan/Cermak

Area TIF District. ;

(107) If if the ordinance was adopted on March 30, 1992

by the Village of Ohio. ;

(108) If if the ordinance was adopted on July 6, 1998

by the Village of Orangeville. ;

(109) If if the ordinance was adopted on December 16,

1997 by the Village of Germantown. ;

(110) If if the ordinance was adopted on April 28, 2003

by Gibson City. ;

(111) If if the ordinance was adopted on December 18,

1990 by the Village of Washington Park, but only after the

Village of Washington Park becomes compliant with the

reporting requirements under subsection (d) of Section

11-74.4-5, and after the State Comptroller's certification

of such compliance. ;

(112) If if the ordinance was adopted on February 28,

2000 by the City of Harvey. ; or

(113) If if the ordinance was adopted on January 11,

1991 by the City of Chicago to create the Read/Dunning TIF

District. ;

(114) If if the ordinance was adopted on July 24, 1991

by the City of Chicago to create the Sanitary and Ship

Canal TIF District. ;

(115) If if the ordinance was adopted on December 4,

2007 by the City of Naperville. ;

(116) If if the ordinance was adopted on July 1, 2002

by the Village of Arlington Heights. ;

(117) If if the ordinance was adopted on February 11,

1991 by the Village of Machesney Park. ;

(118) If if the ordinance was adopted on December 29,

1993 by the City of Ottawa. ; or

(119) If if the ordinance was adopted on June 4, 1991

by the Village of Lansing.

(120) If (119) if the ordinance was adopted on February

10, 2004 by the Village of Fox Lake. ;

(121) If (120) if the ordinance was adopted on December

22, 1992 by the City of Fairfield. ; or

(122) If (121) if the ordinance was adopted on February

10, 1992 by the City of Mt. Sterling.

(123) If (113) if the ordinance was adopted on March

15, 2004 by the City of Batavia.

(124) If (119) if the ordinance was adopted on March

18, 2002 by the Village of Lake Zurich.

(d) For redevelopment project areas for which bonds were

issued before July 29, 1991, or for which contracts were

entered into before June 1, 1988, in connection with a

redevelopment project in the area within the State Sales Tax

Boundary, the estimated dates of completion of the

redevelopment project and retirement of obligations to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may be extended by municipal ordinance to

December 31, 2013. The termination procedures of subsection (b)

of Section 11-74.4-8 are not required for these redevelopment

project areas in 2009 but are required in 2013. The extension

allowed by Public Act 87-1272 shall not apply to real property

tax increment allocation financing under Section 11-74.4-8.

(e) Those dates, for purposes of real property tax

increment allocation financing pursuant to Section 11-74.4-8

only, shall be not more than 35 years for redevelopment project

areas that were adopted on or after December 16, 1986 and for

which at least $8 million worth of municipal bonds were

authorized on or after December 19, 1989 but before January 1,

1990; provided that the municipality elects to extend the life

of the redevelopment project area to 35 years by the adoption

of an ordinance after at least 14 but not more than 30 days'

written notice to the taxing bodies, that would otherwise

constitute the joint review board for the redevelopment project

area, before the adoption of the ordinance.

(f) Those dates, for purposes of real property tax

increment allocation financing pursuant to Section 11-74.4-8

only, shall be not more than 35 years for redevelopment project

areas that were established on or after December 1, 1981 but

before January 1, 1982 and for which at least $1,500,000 worth

of tax increment revenue bonds were authorized on or after

September 30, 1990 but before July 1, 1991; provided that the

municipality elects to extend the life of the redevelopment

project area to 35 years by the adoption of an ordinance after

at least 14 but not more than 30 days' written notice to the

taxing bodies, that would otherwise constitute the joint review

board for the redevelopment project area, before the adoption

of the ordinance.

(g) In consolidating the material relating to completion

dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,

it is not the intent of the General Assembly to make any

substantive change in the law, except for the extension of the

completion dates for the City of Aurora, the Village of Milan,

the City of West Frankfort, the Village of Libertyville, and

the Village of Hoffman Estates set forth under items (67),

(68), (69), (70), and (71) of subsection (c) of this Section.

(Source: P.A. 97-93, eff. 1-1-12; 97-372, eff. 8-15-11; 97-600,

eff. 8-26-11; 97-633, eff. 12-16-11; 97-635, eff. 12-16-11;

97-807, eff. 7-13-12; 97-1114, eff. 8-27-12; 98-109, eff.

7-25-13; 98-135, eff. 8-2-13; 98-230, eff. 8-9-13; 98-463, eff.

8-16-13; 98-614, eff. 12-27-13; 98-667, eff. 6-25-14; 98-889,

eff. 8-15-14; 98-893, eff. 8-15-14; 98-1064, eff. 8-26-14;

98-1136, eff. 12-29-14; 98-1153, eff. 1-9-15; 98-1157, eff.

1-9-15; 98-1159, eff. 1-9-15; revised 2-2-15.)

Section 185. The Fire Protection District Act is amended by

changing Sections 11b and 16.06b as follows:

(70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)

Sec. 11b. In case any fire protection district organized

hereunder is coterminous with or includes within its corporate

limits in whole or in part any city, village or incorporated

town authorized to provide protection from fire and to regulate

the prevention and control of fire within such city, village or

incorporated town and to levy taxes for any such purposes, then

such city, village or incorporated town shall not exercise any

such powers as necessarily conflict with the powers to be

exercised by such district in respect to such fire protection

and regulation within the fire protection district from and

after the date that it receives written notice from the State

Fire Marshal to cease or refrain from the operation of any fire

protection facilities and the exercise of such powers, which

notice shall be given only after the State Fire Marshal has

ascertained that the Fire Protection District has placed its

fire protection facilities in operation. Such city, village or

incorporated town shall not thereafter own, operate, maintain,

manage, control or have an interest in any fire protection

facilities located within the corporate limits of the fire

protection district, except water mains and hydrants and except

as otherwise provided in this Act. Where any city, village, or

incorporated town with 500 or more mre residents is in fact

owning, operating, and maintaining a fire department or fire

departments located in whole or in part within or adjacent to

the corporate limits of a fire protection district organized

under this Act, such city, village, or incorporated town shall

not cease operating and maintaining the fire department or

departments unless such proposed cessation of services is first

submitted by referendum to voters, as provided by Section 15b

of this Act. In addition, where any city, village, or

incorporated town is in fact owning, operating, and maintaining

a fire department or fire departments located within the

corporate limits of a fire protection district organized under

this Act, such city, village, or incorporated town shall be

paid and reimbursed for its actual expenditures and for all

existing obligations incurred, including all pension and

annuity plans applicable to the maintenance of fire protection

facilities theretofore made in establishing such facilities

and in acquiring, constructing, improving or developing any

such existing facilities in the manner provided for by this

Act. The terms of payment shall provide for reimbursement in

full within not less than 20 years from the date of such

agreement.

(Source: P.A. 98-666, eff. 1-1-15; revised 12-1-14.)

(70 ILCS 705/16.06b)

Sec. 16.06b. Original appointments; full-time fire

department.

(a) Applicability. Unless a commission elects to follow the

provisions of Section 16.06c, this Section shall apply to all

original appointments to an affected full-time fire

department. Existing registers of eligibles shall continue to

be valid until their expiration dates, or up to a maximum of 2

years after the effective date of this amendatory Act of the

97th General Assembly.

Notwithstanding any statute, ordinance, rule, or other law

to the contrary, all original appointments to an affected

department to which this Section applies shall be administered

in a no less stringent manner than the manner provided for in

this Section. Provisions of the Illinois Municipal Code, Fire

Protection District Act, fire district ordinances, and rules

adopted pursuant to such authority and other laws relating to

initial hiring of firefighters in affected departments shall

continue to apply to the extent they are compatible with this

Section, but in the event of a conflict between this Section

and any other law, this Section shall control.

A fire protection district that is operating under a court

order or consent decree regarding original appointments to a

full-time fire department before the effective date of this

amendatory Act of the 97th General Assembly is exempt from the

requirements of this Section for the duration of the court

order or consent decree.

(b) Original appointments. All original appointments made

to an affected fire department shall be made from a register of

eligibles established in accordance with the processes

required by this Section. Only persons who meet or exceed the

performance standards required by the Section shall be placed

on a register of eligibles for original appointment to an

affected fire department.

Whenever an appointing authority authorizes action to hire

a person to perform the duties of a firefighter or to hire a

firefighter-paramedic to fill a position that is a new position

or vacancy due to resignation, discharge, promotion, death, the

granting of a disability or retirement pension, or any other

cause, the appointing authority shall appoint to that position

the person with the highest ranking on the final eligibility

list. If the appointing authority has reason to conclude that

the highest ranked person fails to meet the minimum standards

for the position or if the appointing authority believes an

alternate candidate would better serve the needs of the

department, then the appointing authority has the right to pass

over the highest ranked person and appoint either: (i) any

person who has a ranking in the top 5% of the register of

eligibles or (ii) any person who is among the top 5 highest

ranked persons on the list of eligibles if the number of people

who have a ranking in the top 5% of the register of eligibles

is less than 5 people.

Any candidate may pass on an appointment once without

losing his or her position on the register of eligibles. Any

candidate who passes a second time may be removed from the list

by the appointing authority provided that such action shall not

prejudice a person's opportunities to participate in future

examinations, including an examination held during the time a

candidate is already on the fire district's register of

eligibles.

The sole authority to issue certificates of appointment

shall be vested in the board of fire commissioners, or board of

trustees serving in the capacity of a board of fire

commissioners. All certificates of appointment issued to any

officer or member of an affected department shall be signed by

the chairperson and secretary, respectively, of the commission

upon appointment of such officer or member to the affected

department by action of the commission. Each person who accepts

a certificate of appointment and successfully completes his or

her probationary period shall be enrolled as a firefighter and

as a regular member of the fire department.

For the purposes of this Section, "firefighter" means any

person who has been prior to, on, or after the effective date

of this amendatory Act of the 97th General Assembly appointed

to a fire department or fire protection district or employed by

a State university and sworn or commissioned to perform

firefighter duties or paramedic duties, or both, except that

the following persons are not included: part-time

firefighters; auxiliary, reserve, or voluntary firefighters,

including paid-on-call firefighters; clerks and dispatchers or

other civilian employees of a fire department or fire

protection district who are not routinely expected to perform

firefighter duties; and elected officials.

(c) Qualification for placement on register of eligibles.

The purpose of establishing a register of eligibles is to

identify applicants who possess and demonstrate the mental

aptitude and physical ability to perform the duties required of

members of the fire department in order to provide the highest

quality of service to the public. To this end, all applicants

for original appointment to an affected fire department shall

be subject to examination and testing which shall be public,

competitive, and open to all applicants unless the district

shall by ordinance limit applicants to residents of the

district, county or counties in which the district is located,

State, or nation. Any examination and testing procedure

utilized under subsection (e) of this Section shall be

supported by appropriate validation evidence and shall comply

with all applicable State state and federal laws. Districts may

establish educational, emergency medical service licensure,

and other pre-requisites for participation in an examination or

for hire as a firefighter. Any fire protection district may

charge a fee to cover the costs of the application process.

Residency requirements in effect at the time an individual

enters the fire service of a district cannot be made more

restrictive for that individual during his or her period of

service for that district, or be made a condition of promotion,

except for the rank or position of fire chief and for no more

than 2 positions that rank immediately below that of the chief

rank which are appointed positions pursuant to the Fire

Department Promotion Act.

No person who is 35 years of age or older shall be eligible

to take an examination for a position as a firefighter unless

the person has had previous employment status as a firefighter

in the regularly constituted fire department of the district,

except as provided in this Section. The age limitation does not

apply to:

(1) any person previously employed as a full-time

firefighter in a regularly constituted fire department of

(i) any municipality or fire protection district located in

Illinois, (ii) a fire protection district whose

obligations were assumed by a municipality under Section 21

of the Fire Protection District Act, or (iii) a

municipality whose obligations were taken over by a fire

protection district; , or

(2) any person who has served a fire district as a

regularly enrolled volunteer, paid-on-call, or part-time

firefighter for the 5 years immediately preceding the time

that the district begins to use full-time firefighters to

provide all or part of its fire protection service; or

(3) any person who turned 35 while serving as a member

of the active or reserve components of any of the branches

of the Armed Forces of the United States or the National

Guard of any state, whose service was characterized as

honorable or under honorable, if separated from the

military, and is currently under the age of 40.

No person who is under 21 years of age shall be eligible

for employment as a firefighter.

No applicant shall be examined concerning his or her

political or religious opinions or affiliations. The

examinations shall be conducted by the commissioners of the

district or their designees and agents.

No district shall require that any firefighter appointed to

the lowest rank serve a probationary employment period of

longer than one year of actual active employment, which may

exclude periods of training, or injury or illness leaves,

including duty related leave, in excess of 30 calendar days.

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 licensed 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 licensure.

In the event that any applicant who has been found eligible

for appointment and whose name has been placed upon the final

eligibility register provided for in this Section has not been

appointed to a firefighter position within one year after the

date of his or her physical ability examination, the commission

may cause a second examination to be made of that applicant's

physical ability prior to his or her appointment. If, after the

second examination, the physical ability of the applicant shall

be found to be less than the minimum standard fixed by the

rules of the commission, the applicant shall not be appointed.

The applicant's name may be retained upon the register of

candidates eligible for appointment and when next reached for

certification and appointment that applicant may be again

examined as provided in this Section, and if the physical

ability of that applicant is found to be less than the minimum

standard fixed by the rules of the commission, the applicant

shall not be appointed, and the name of the applicant shall be

removed from the register.

(d) Notice, examination, and testing components. Notice of

the time, place, general scope, merit criteria for any

subjective component, and fee of every examination shall be

given by the commission, by a publication at least 2 weeks

preceding the examination: (i) in one or more newspapers

published in the district, or if no newspaper is published

therein, then in one or more newspapers with a general

circulation within the district, or (ii) on the fire protection

district's Internet website. Additional notice of the

examination may be given as the commission shall prescribe.

The examination and qualifying standards for employment of

firefighters shall be based on: mental aptitude, physical

ability, preferences, moral character, and health. The mental

aptitude, physical ability, and preference components shall

determine an applicant's qualification for and placement on the

final register of eligibles. The examination may also include a

subjective component based on merit criteria as determined by

the commission. Scores from the examination must be made

available to the public.

(e) Mental aptitude. No person who does not possess at

least a high school diploma or an equivalent high school

education shall be placed on a register of eligibles.

Examination of an applicant's mental aptitude shall be based

upon a written examination. The examination shall be practical

in character and relate to those matters that fairly test the

capacity of the persons examined to discharge the duties

performed by members of a fire department. Written examinations

shall be administered in a manner that ensures the security and

accuracy of the scores achieved.

(f) Physical ability. All candidates shall be required to

undergo an examination of their physical ability to perform the

essential functions included in the duties they may be called

upon to perform as a member of a fire department. For the

purposes of this Section, essential functions of the job are

functions associated with duties that a firefighter may be

called upon to perform in response to emergency calls. The

frequency of the occurrence of those duties as part of the fire

department's regular routine shall not be a controlling factor

in the design of examination criteria or evolutions selected

for testing. These physical examinations shall be open,

competitive, and based on industry standards designed to test

each applicant's physical abilities in the following

dimensions:

(1) Muscular strength to perform tasks and evolutions

that may be required in the performance of duties including

grip strength, leg strength, and arm strength. Tests shall

be conducted under anaerobic as well as aerobic conditions

to test both the candidate's speed and endurance in

performing tasks and evolutions. Tasks tested may be based

on standards developed, or approved, by the local

appointing authority.

(2) The ability to climb ladders, operate from heights,

walk or crawl in the dark along narrow and uneven surfaces,

and operate in proximity to hazardous environments.

(3) The ability to carry out critical, time-sensitive,

and complex problem solving during physical exertion in

stressful and hazardous environments. The testing

environment may be hot and dark with tightly enclosed

spaces, flashing lights, sirens, and other distractions.

The tests utilized to measure each applicant's

capabilities in each of these dimensions may be tests based on

industry standards currently in use or equivalent tests

approved by the Joint Labor-Management Committee of the Office

of the State Fire Marshal.

Physical ability examinations administered under this

Section shall be conducted with a reasonable number of proctors

and monitors, open to the public, and subject to reasonable

regulations of the commission.

(g) Scoring of examination components. Appointing

authorities may create a preliminary eligibility register. A

person shall be placed on the list based upon his or her

passage of the written examination or the passage of the

written examination and the physical ability component.

Passage of the written examination means attaining the minimum

score set by the commission. Minimum scores should be set by

the appointing authorities so as to demonstrate a candidate's

ability to perform the essential functions of the job. The

minimum score set by the commission shall be supported by

appropriate validation evidence and shall comply with all

applicable State state and federal laws. The appointing

authority may conduct the physical ability component and any

subjective components subsequent to the posting of the

preliminary eligibility register.

The examination components for an initial eligibility

register shall be graded on a 100-point scale. A person's

position on the list shall be determined by the following: (i)

the person's score on the written examination, (ii) the person

successfully passing the physical ability component, and (iii)

the person's results on any subjective component as described

in subsection (d).

In order to qualify for placement on the final eligibility

register, an applicant's score on the written examination,

before any applicable preference points or subjective points

are applied, shall be at or above the minimum score set by the

commission. The local appointing authority may prescribe the

score to qualify for placement on the final eligibility

register, but the score shall not be less than the minimum

score set by the commission.

The commission shall prepare and keep a register of persons

whose total score is not less than the minimum score for

passage and who have passed the physical ability examination.

These persons shall take rank upon the register as candidates

in the order of their relative excellence based on the highest

to the lowest total points scored on the mental aptitude,

subjective component, and preference components of the test

administered in accordance with this Section. No more than 60

days after each examination, an initial eligibility list shall

be posted by the commission. The list shall include the final

grades of the candidates without reference to priority of the

time of examination and subject to claim for preference credit.

Commissions may conduct additional examinations, including

without limitation a polygraph test, after a final eligibility

register is established and before it expires with the

candidates ranked by total score without regard to date of

examination. No more than 60 days after each examination, an

initial eligibility list shall be posted by the commission

showing the final grades of the candidates without reference to

priority of time of examination and subject to claim for

preference credit.

(h) Preferences. The following are preferences:

(1) Veteran preference. Persons who were engaged in the

military service of the United States for a period of at

least one year of active duty and who were honorably

discharged therefrom, or who are now or have been members

on inactive or reserve duty in such military or naval

service, shall be preferred for appointment to and

employment with the fire department of an affected

department.

(2) Fire cadet preference. Persons who have

successfully completed 2 years of study in fire techniques

or cadet training within a cadet program established under

the rules of the Joint Labor and Management Committee

(JLMC), as defined in Section 50 of the Fire Department

Promotion Act, may be preferred for appointment to and

employment with the fire department.

(3) Educational preference. Persons who have

successfully obtained an associate's degree in the field of

fire service or emergency medical services, or a bachelor's

degree from an accredited college or university may be

preferred for appointment to and employment with the fire

department.

(4) Paramedic preference. Persons who have obtained a

license as a paramedic may be preferred for appointment to

and employment with the fire department of an affected

department providing emergency medical services.

(5) Experience preference. All persons employed by a

district who have been paid-on-call or part-time certified

Firefighter II, certified Firefighter III, State of

Illinois or nationally licensed EMT, EMT-I, A-EMT, or

paramedic, or any combination of those capacities may be

awarded up to a maximum of 5 points. However, the applicant

may not be awarded more than 0.5 points for each complete

year of paid-on-call or part-time service. Applicants from

outside the district who were employed as full-time

firefighters or firefighter-paramedics by a fire

protection district or municipality for at least 2 years

may be awarded up to 5 experience preference points.

However, the applicant may not be awarded more than one

point for each complete year of full-time service.

Upon request by the commission, the governing body of

the district or in the case of applicants from outside the

district the governing body of any other fire protection

district or any municipality shall certify to the

commission, within 10 days after the request, the number of

years of successful paid-on-call, part-time, or full-time

service of any person. A candidate may not receive the full

amount of preference points under this subsection if the

amount of points awarded would place the candidate before a

veteran on the eligibility list. If more than one candidate

receiving experience preference points is prevented from

receiving all of their points due to not being allowed to

pass a veteran, the candidates shall be placed on the list

below the veteran in rank order based on the totals

received if all points under this subsection were to be

awarded. Any remaining ties on the list shall be determined

by lot.

(6) Residency preference. Applicants whose principal

residence is located within the fire department's

jurisdiction may be preferred for appointment to and

employment with the fire department.

(7) Additional preferences. Up to 5 additional

preference points may be awarded for unique categories

based on an applicant's experience or background as

identified by the commission.

(8) Scoring of preferences. The commission shall give

preference for original appointment to persons designated

in item (1) by adding to the final grade that they receive

5 points for the recognized preference achieved. The

commission shall determine the number of preference points

for each category except (1). The number of preference

points for each category shall range from 0 to 5. In

determining the number of preference points, the

commission shall prescribe that if a candidate earns the

maximum number of preference points in all categories, that

number may not be less than 10 nor more than 30. The

commission shall give preference for original appointment

to persons designated in items (2) through (7) by adding

the requisite number of points to the final grade for each

recognized preference achieved. The numerical result thus

attained shall be applied by the commission in determining

the final eligibility list and appointment from the

eligibility list. The local appointing authority may

prescribe the total number of preference points awarded

under this Section, but the total number of preference

points shall not be less than 10 points or more than 30

points.

No person entitled to any preference shall be required to

claim the credit before any examination held under the

provisions of this Section, but the preference shall be given

after the posting or publication of the initial eligibility

list or register at the request of a person entitled to a

credit before any certification or appointments are made from

the eligibility register, upon the furnishing of verifiable

evidence and proof of qualifying preference credit. Candidates

who are eligible for preference credit shall make a claim in

writing within 10 days after the posting of the initial

eligibility list, or the claim shall be deemed waived. Final

eligibility registers shall be established after the awarding

of verified preference points. All employment shall be subject

to the commission's initial hire background review including,

but not limited to, criminal history, employment history, moral

character, oral examination, and medical and psychological

examinations, all on a pass-fail basis. The medical and

psychological examinations must be conducted last, and may only

be performed after a conditional offer of employment has been

extended.

Any person placed on an eligibility list who exceeds the

age requirement before being appointed to a fire department

shall remain eligible for appointment until the list is

abolished, or his or her name has been on the list for a period

of 2 years. No person who has attained the age of 35 years

shall be inducted into a fire department, except as otherwise

provided in this Section.

The commission shall strike off the names of candidates for

original appointment after the names have been on the list for

more than 2 years.

(i) Moral character. No person shall be appointed to a fire

department unless he or she is a person of good character; not

a habitual drunkard, a gambler, or a person who has been

convicted of a felony or a crime involving moral turpitude.

However, no person shall be disqualified from appointment to

the fire department because of the person's record of

misdemeanor convictions except those under Sections 11-6,

11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,

12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,

31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections

1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the

Criminal Code of 2012, or arrest for any cause without

conviction thereon. Any such person who is in the department

may be removed on charges brought for violating this subsection

and after a trial as hereinafter provided.

A classifiable set of the fingerprints of every person who

is offered employment as a certificated member of an affected

fire department whether with or without compensation, shall be

furnished to the Illinois Department of State Police and to the

Federal Bureau of Investigation by the commission.

Whenever a commission is authorized or required by law to

consider some aspect of criminal history record information for

the purpose of carrying out its statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

State Police Law of the Civil Administrative Code of Illinois,

the Department of State Police is authorized to furnish,

pursuant to positive identification, the information contained

in State files as is necessary to fulfill the request.

(j) Temporary appointments. In order to prevent a stoppage

of public business, to meet extraordinary exigencies, or to

prevent material impairment of the fire department, the

commission may make temporary appointments, to remain in force

only until regular appointments are made under the provisions

of this Section, but never to exceed 60 days. No temporary

appointment of any one person shall be made more than twice in

any calendar year.

(k) A person who knowingly divulges or receives test

questions or answers before a written examination, or otherwise

knowingly violates or subverts any requirement of this Section,

commits a violation of this Section and may be subject to

charges for official misconduct.

A person who is the knowing recipient of test information

in advance of the examination shall be disqualified from the

examination or discharged from the position to which he or she

was appointed, as applicable, and otherwise subjected to

disciplinary actions.

(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;

97-1150, eff. 1-25-13; 98-760, eff. 7-16-14; 98-973, eff.

8-15-14; 98-995, eff. 8-18-14; revised 10-2-14.)

Section 190. The School Code is amended by changing

Sections 2-3.25g, 3-15.12, 14-7.02, 19-1, 24-12, 27-23.7,

27A-4, 27A-5, 27A-6, 27A-7, 27A-11, 30-14.2, and 34-85 and by

setting forth and renumbering multiple versions of Section

2-3.160 as follows:

(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)

Sec. 2-3.25g. Waiver or modification of mandates within the

School Code and administrative rules and regulations.

(a) In this Section:

"Board" means a school board or the governing board or

administrative district, as the case may be, for a joint

agreement.

"Eligible applicant" means a school district, joint

agreement made up of school districts, or regional

superintendent of schools on behalf of schools and programs

operated by the regional office of education.

"Implementation date" has the meaning set forth in

Section 24A-2.5 of this Code.

"State Board" means the State Board of Education.

(b) Notwithstanding any other provisions of this School

Code or any other law of this State to the contrary, eligible

applicants may petition the State Board of Education for the

waiver or modification of the mandates of this School Code or

of the administrative rules and regulations promulgated by the

State Board of Education. Waivers or modifications of

administrative rules and regulations and modifications of

mandates of this School Code may be requested when an eligible

applicant demonstrates that it can address the intent of the

rule or mandate in a more effective, efficient, or economical

manner or when necessary to stimulate innovation or improve

student performance. Waivers of mandates of the School Code may

be requested when the waivers are necessary to stimulate

innovation or improve student performance. Waivers may not be

requested from laws, rules, and regulations pertaining to

special education, teacher educator licensure, teacher tenure

and seniority, or Section 5-2.1 of this Code or from compliance

with the No Child Left Behind Act of 2001 (Public Law 107-110).

Eligible applicants may not seek a waiver or seek a

modification of a mandate regarding the requirements for (i)

student performance data to be a significant factor in teacher

or principal evaluations or (ii) for teachers and principals to

be rated using the 4 categories of "excellent", "proficient",

"needs improvement", or "unsatisfactory". On September 1,

2014, any previously authorized waiver or modification from

such requirements shall terminate.

(c) Eligible applicants, as a matter of inherent managerial

policy, and any Independent Authority established under

Section 2-3.25f-5 of this Code may submit an application for a

waiver or modification authorized under this Section. Each

application must include a written request by the eligible

applicant or Independent Authority and must demonstrate that

the intent of the mandate can be addressed in a more effective,

efficient, or economical manner or be based upon a specific

plan for improved student performance and school improvement.

Any eligible applicant requesting a waiver or modification for

the reason that intent of the mandate can be addressed in a

more economical manner shall include in the application a

fiscal analysis showing current expenditures on the mandate and

projected savings resulting from the waiver or modification.

Applications and plans developed by eligible applicants must be

approved by the board or regional superintendent of schools

applying on behalf of schools or programs operated by the

regional office of education following a public hearing on the

application and plan and the opportunity for the board or

regional superintendent to hear testimony from staff directly

involved in its implementation, parents, and students. The time

period for such testimony shall be separate from the time

period established by the eligible applicant for public comment

on other matters. If the applicant is a school district or

joint agreement requesting a waiver or modification of Section

27-6 of this Code, the public hearing shall be held on a day

other than the day on which a regular meeting of the board is

held.

(c-5) If the applicant is a school district, then the

district shall post information that sets forth the time, date,

place, and general subject matter of the public hearing on its

Internet website at least 14 days prior to the hearing. If the

district is requesting to increase the fee charged for driver

education authorized pursuant to Section 27-24.2 of this Code,

the website information shall include the proposed amount of

the fee the district will request. All school districts must

publish a notice of the public hearing at least 7 days prior to

the hearing in a newspaper of general circulation within the

school district that sets forth the time, date, place, and

general subject matter of the hearing. Districts requesting to

increase the fee charged for driver education shall include in

the published notice the proposed amount of the fee the

district will request. If the applicant is a joint agreement or

regional superintendent, then the joint agreement or regional

superintendent shall post information that sets forth the time,

date, place, and general subject matter of the public hearing

on its Internet website at least 14 days prior to the hearing.

If the joint agreement or regional superintendent is requesting

to increase the fee charged for driver education authorized

pursuant to Section 27-24.2 of this Code, the website

information shall include the proposed amount of the fee the

applicant will request. All joint agreements and regional

superintendents must publish a notice of the public hearing at

least 7 days prior to the hearing in a newspaper of general

circulation in each school district that is a member of the

joint agreement or that is served by the educational service

region that sets forth the time, date, place, and general

subject matter of the hearing, provided that a notice appearing

in a newspaper generally circulated in more than one school

district shall be deemed to fulfill this requirement with

respect to all of the affected districts. Joint agreements or

regional superintendents requesting to increase the fee

charged for driver education shall include in the published

notice the proposed amount of the fee the applicant will

request. The eligible applicant must notify in writing the

affected exclusive collective bargaining agent and those State

legislators representing the eligible applicant's territory of

its intent to seek approval of a waiver or modification and of

the hearing to be held to take testimony from staff. The

affected exclusive collective bargaining agents shall be

notified of such public hearing at least 7 days prior to the

date of the hearing and shall be allowed to attend such public

hearing. The eligible applicant shall attest to compliance with

all of the notification and procedural requirements set forth

in this Section.

(d) A request for a waiver or modification of

administrative rules and regulations or for a modification of

mandates contained in this School Code shall be submitted to

the State Board of Education within 15 days after approval by

the board or regional superintendent of schools. The

application as submitted to the State Board of Education shall

include a description of the public hearing. Except with

respect to contracting for adaptive driver education, an

eligible applicant wishing to request a modification or waiver

of administrative rules of the State Board of Education

regarding contracting with a commercial driver training school

to provide the course of study authorized under Section 27-24.2

of this Code must provide evidence with its application that

the commercial driver training school with which it will

contract holds a license issued by the Secretary of State under

Article IV of Chapter 6 of the Illinois Vehicle Code and that

each instructor employed by the commercial driver training

school to provide instruction to students served by the school

district holds a valid teaching certificate or teaching

license, as applicable, issued under the requirements of this

Code and rules of the State Board of Education. Such evidence

must include, but need not be limited to, a list of each

instructor assigned to teach students served by the school

district, which list shall include the instructor's name,

personal identification number as required by the State Board

of Education, birth date, and driver's license number. If the

modification or waiver is granted, then the eligible applicant

shall notify the State Board of Education of any changes in the

personnel providing instruction within 15 calendar days after

an instructor leaves the program or a new instructor is hired.

Such notification shall include the instructor's name,

personal identification number as required by the State Board

of Education, birth date, and driver's license number. If a

school district maintains an Internet website, then the

district shall post a copy of the final contract between the

district and the commercial driver training school on the

district's Internet website. If no Internet website exists,

then the district shall make available the contract upon

request. A record of all materials in relation to the

application for contracting must be maintained by the school

district and made available to parents and guardians upon

request. The instructor's date of birth and driver's license

number and any other personally identifying information as

deemed by the federal Driver's Privacy Protection Act of 1994

must be redacted from any public materials. Following receipt

of the waiver or modification request, the State Board shall

have 45 days to review the application and request. If the

State Board fails to disapprove the application within that 45

day period, the waiver or modification shall be deemed granted.

The State Board may disapprove any request if it is not based

upon sound educational practices, endangers the health or

safety of students or staff, compromises equal opportunities

for learning, or fails to demonstrate that the intent of the

rule or mandate can be addressed in a more effective,

efficient, or economical manner or have improved student

performance as a primary goal. Any request disapproved by the

State Board may be appealed to the General Assembly by the

eligible applicant as outlined in this Section.

A request for a waiver from mandates contained in this

School Code shall be submitted to the State Board within 15

days after approval by the board or regional superintendent of

schools. The application as submitted to the State Board of

Education shall include a description of the public hearing.

The description shall include, but need not be limited to, the

means of notice, the number of people in attendance, the number

of people who spoke as proponents or opponents of the waiver, a

brief description of their comments, and whether there were any

written statements submitted. The State Board shall review the

applications and requests for completeness and shall compile

the requests in reports to be filed with the General Assembly.

The State Board shall file reports outlining the waivers

requested by eligible applicants and appeals by eligible

applicants of requests disapproved by the State Board with the

Senate and the House of Representatives before each March 1 and

October 1. The General Assembly may disapprove the report of

the State Board in whole or in part within 60 calendar days

after each house of the General Assembly next convenes after

the report is filed by adoption of a resolution by a record

vote of the majority of members elected in each house. If the

General Assembly fails to disapprove any waiver request or

appealed request within such 60 day period, the waiver or

modification shall be deemed granted. Any resolution adopted by

the General Assembly disapproving a report of the State Board

in whole or in part shall be binding on the State Board.

(e) An approved waiver or modification (except a waiver

from or modification to a physical education mandate) may

remain in effect for a period not to exceed 5 school years and

may be renewed upon application by the eligible applicant.

However, such waiver or modification may be changed within that

5-year period by a board or regional superintendent of schools

applying on behalf of schools or programs operated by the

regional office of education following the procedure as set

forth in this Section for the initial waiver or modification

request. If neither the State Board of Education nor the

General Assembly disapproves, the change is deemed granted.

An approved waiver from or modification to a physical

education mandate may remain in effect for a period not to

exceed 2 school years and may be renewed no more than 2 times

upon application by the eligible applicant. An approved waiver

from or modification to a physical education mandate may be

changed within the 2-year period by the board or regional

superintendent of schools, whichever is applicable, following

the procedure set forth in this Section for the initial waiver

or modification request. If neither the State Board of

Education nor the General Assembly disapproves, the change is

deemed granted.

(f) (Blank).

(Source: P.A. 97-1025, eff. 1-1-13; 98-513, eff. 1-1-14;

98-739, eff. 7-16-14; 98-1155, eff. 1-9-15; revised 2-1-15.)

(105 ILCS 5/2-3.160)

(Section scheduled to be repealed on July 1, 2015)

Sec. 2-3.160. School Security and Standards Task Force.

(a) The School Security and Standards Task Force is created

within the State Board of Education to study the security of

schools in this State, make recommendations, and draft minimum

standards for use by schools to make them more secure and to

provide a safer learning environment for the children of this

State. The Task Force shall consist of all of the following

members:

(1) One member of the public who is a parent and one

member of the Senate, appointed by the President of the

Senate.

(2) One member of the public who is a parent and one

member of the Senate, appointed by the Minority Leader of

the Senate.

(3) One member of the public who is a parent and one

member of the House of Representatives, appointed by the

Speaker of the House of Representatives.

(4) One member of the public who is a parent and one

member of the House of Representatives, appointed by the

Minority Leader of the House of Representatives.

(5) A representative from the State Board of Education,

appointed by the Chairperson of the State Board of

Education.

(6) A representative from the Department of State

Police, appointed by the Director of State Police.

(7) A representative from an association representing

Illinois sheriffs, appointed by the Governor.

(8) A representative from an association representing

Illinois chiefs of police, appointed by the Governor.

(9) A representative from an association representing

Illinois firefighters, appointed by the Governor.

(10) A representative from an association representing

Illinois regional superintendents of schools, appointed by

the Governor.

(11) A representative from an association representing

Illinois principals, appointed by the Governor.

(12) A representative from an association representing

Illinois school boards, appointed by the Governor.

(13) A representative from the security consulting

profession, appointed by the Governor.

(14) An architect or engineer who specializes in

security issues, appointed by the Governor.

Members of the Task Force appointed by the Governor must be

individuals who have knowledge, experience, and expertise in

the field of security or who have worked within the school

system. The appointment of members by the Governor must reflect

the geographic diversity of this State.

Members of the Task Force shall serve without compensation

and shall not be reimbursed for their expenses.

(b) The Task Force shall meet initially at the call of the

State Superintendent of Education. At this initial meeting, the

Task Force shall elect a member as presiding officer of the

Task Force by a majority vote of the membership of the Task

Force. Thereafter, the Task Force shall meet at the call of the

presiding officer.

(c) The State Board of Education shall provide

administrative and other support to the Task Force.

(d) The Task Force shall make recommendations for minimum

standards for security for the schools in this State. In making

those recommendations, the Task Force shall do all of the

following:

(1) Gather information concerning security in schools

as it presently exists.

(2) Receive reports and testimony from individuals,

school district superintendents, principals, teachers,

security experts, architects, engineers, and the law

enforcement community.

(3) Create minimum standards for securing schools.

(4) Give consideration to securing the physical

structures, security staffing recommendations,

communications, security equipment, alarms, video and

audio monitoring, school policies, egress and ingress,

security plans, emergency exits and escape, and any other

areas of security that the Task Force deems appropriate for

securing schools.

(5) Create a model security plan policy.

(6) Suggest possible funding recommendations for

schools to access for use in implementing enhanced security

measures.

(7) On or before January 1, 2015, submit a report to

the General Assembly and the Governor on specific

recommendations for changes to the current law or other

legislative measures.

(8) On or before January 1, 2015, submit a report to

the State Board of Education on specific recommendations

for model security plan policies for schools to access and

use as a guideline. This report is exempt from inspection

and copying under Section 7 of the Freedom of Information

Act.

The Task Force's recommendations may include proposals for

specific statutory changes and methods to foster cooperation

among State agencies and between this State and local

government.

(e) The Task Force is abolished and this Section is

repealed on July 1, 2015.

(Source: P.A. 98-695, eff. 7-3-14.)

(105 ILCS 5/2-3.161)

Sec. 2-3.161 2-3.160. Definition of dyslexia in rules;

reading instruction advisory group.

(a) The State Board of Education shall adopt rules that

incorporate an international definition of dyslexia into Part

226 of Title 23 of the Illinois Administrative Code.

(b) Subject to specific State appropriation or the

availability of private donations, the State Board of Education

shall establish an advisory group to develop a training module

or training modules to provide education and professional

development to teachers, school administrators, and other

education professionals regarding multi-sensory, systematic,

and sequential instruction in reading. This advisory group

shall complete its work before July 31, 2015 and is abolished

on July 31, 2015.

(Source: P.A. 98-705, eff. 7-14-14; revised 10-14-14.)

(105 ILCS 5/2-3.162)

Sec. 2-3.162 2-3.160. Student discipline report; school

discipline improvement plan.

(a) On or before October 31, 2015 and on or before October

31 of each subsequent year, the State Board of Education,

through the State Superintendent of Education, shall prepare a

report on student discipline in all school districts in this

State, including State-authorized charter schools. This report

shall include data from all public schools within school

districts, including district-authorized charter schools. This

report must be posted on the Internet website of the State

Board of Education. The report shall include data on the

issuance of out-of-school suspensions, expulsions, and

removals to alternative settings in lieu of another

disciplinary action, disaggregated by race and ethnicity,

gender, age, grade level, limited English proficiency,

incident type, and discipline duration.

(b) The State Board of Education shall analyze the data

under subsection (a) of this Section on an annual basis and

determine the top 20% of school districts for the following

metrics:

(1) Total number of out-of-school suspensions divided

by the total district enrollment by the last school day in

September for the year in which the data was collected,

multiplied by 100.

(2) Total number of out-of-school expulsions divided

by the total district enrollment by the last school day in

September for the year in which the data was collected,

multiplied by 100.

(3) Racial disproportionality, defined as the

overrepresentation of students of color or white students

in comparison to the total number of students of color or

white students on October 1st of the school year in which

data are collected, with respect to the use of

out-of-school suspensions and expulsions, which must be

calculated using the same method as the U.S. Department of

Education's Office for Civil Rights uses.

The analysis must be based on data collected over 3

consecutive school years, beginning with the 2014-2015 school

year.

Beginning with the 2017-2018 school year, the State Board

of Education shall require each of the school districts that

are identified in the top 20% of any of the metrics described

in this subsection (b) for 3 consecutive years to submit a plan

identifying the strategies the school district will implement

to reduce the use of exclusionary disciplinary practices or

racial disproportionality or both, if applicable. School

districts that no longer meet the criteria described in any of

the metrics described in this subsection (b) for 3 consecutive

years shall no longer be required to submit a plan.

This plan may be combined with any other improvement plans

required under federal or State law.

The calculation of the top 20% of any of the metrics

described in this subsection (b) shall exclude all school

districts, State-authorized charter schools, and special

charter districts that issued fewer than a total of 10

out-of-school suspensions or expulsions, whichever is

applicable, during the school year. The calculation of the top

20% of metric described in subdivision (3) of this subsection

(b) shall exclude all school districts with an enrollment of

fewer than 50 white students or fewer than 50 students of

color.

The plan must be approved at a public school board meeting

and posted on the school district's Internet website. Within

one year after being identified, the school district shall

submit to the State Board of Education and post on the

district's Internet website a progress report describing the

implementation of the plan and the results achieved.

(Source: P.A. 98-1102, eff. 8-26-14; revised 10-14-14.)

(105 ILCS 5/3-15.12) (from Ch. 122, par. 3-15.12)

Sec. 3-15.12. High school equivalency testing program. The

regional superintendent of schools shall make available for

qualified individuals residing within the region a High School

Equivalency Testing Program. For that purpose the regional

superintendent alone or with other regional superintendents

may establish and supervise a testing center or centers to

administer the secure forms for high school equivalency testing

to qualified persons. Such centers shall be under the

supervision of the regional superintendent in whose region such

centers are located, subject to the approval of the Executive

Director of the Illinois Community College Board.

An individual is eligible to apply to the regional

superintendent of schools for the region in which he or she

resides if he or she is: (a) a person who is 17 years of age or

older, has maintained residence in the State of Illinois, and

is not a high school graduate; (b) a person who is successfully

completing an alternative education program under Section

2-3.81, Article 13A, or Article 13B; or (c) a person who is

enrolled in a youth education program sponsored by the Illinois

National Guard. For purposes of this Section, residence is that

abode which the applicant considers his or her home. Applicants

may provide as sufficient proof of such residence and as an

acceptable form of identification a driver's license, valid

passport, military ID, or other form of government-issued

national or foreign identification that shows the applicant's

name, address, date of birth, signature, and photograph or

other acceptable identification as may be allowed by law or as

regulated by the Illinois Community College Board. Such

regional superintendent shall determine if the applicant meets

statutory and regulatory state standards. If qualified the

applicant shall at the time of such application pay a fee

established by the Illinois Community College Board, which fee

shall be paid into a special fund under the control and

supervision of the regional superintendent. Such moneys

received by the regional superintendent shall be used, first,

for the expenses incurred in administering and scoring the

examination, and next for other educational programs that are

developed and designed by the regional superintendent of

schools to assist those who successfully complete high school

equivalency testing in furthering their academic development

or their ability to secure and retain gainful employment,

including programs for the competitive award based on test

scores of college or adult education scholarship grants or

similar educational incentives. Any excess moneys shall be paid

into the institute fund.

Any applicant who has achieved the minimum passing

standards as established by the Illinois Community College

Board shall be notified in writing by the regional

superintendent and shall be issued a high school equivalency

certificate on the forms provided by the Illinois Community

College Board. The regional superintendent shall then certify

to the Illinois Community College Board the score of the

applicant and such other and additional information that may be

required by the Illinois Community College Board. The moneys

received therefrom shall be used in the same manner as provided

for in this Section.

Any applicant who has attained the age of 17 years and

maintained residence in the State of Illinois and is not a high

school graduate, any person who has enrolled in a youth

education program sponsored by the Illinois National Guard, or

any person who has successfully completed an alternative

education program under Section 2-3.81, Article 13A, or Article

13B is eligible to apply for a high school equivalency

certificate (if he or she meets the requirements prescribed by

the Illinois Community College Board) upon showing evidence

that he or she has completed, successfully, high school

equivalency testing, administered by the United States Armed

Forces Institute, official high school equivalency testing

centers established in other states, Veterans' Administration

Hospitals, or the office of the State Superintendent of

Education for the Illinois State Penitentiary System and the

Department of Corrections. Such applicant shall apply to the

regional superintendent of the region wherein he or she has

maintained residence, and, upon payment of a fee established by

the Illinois Community College Board, the regional

superintendent shall issue a high school equivalency

certificate and immediately thereafter certify to the Illinois

Community College Board the score of the applicant and such

other and additional information as may be required by the

Illinois Community College Board.

Notwithstanding the provisions of this Section, any

applicant who has been out of school for at least one year may

request the regional superintendent of schools to administer

restricted high school equivalency testing upon written

request of: the director of a program who certifies to the

Chief Examiner of an official high school equivalency testing

center that the applicant has completed a program of

instruction provided by such agencies as the Job Corps, the

Postal Service Academy, or an apprenticeship training program;

an employer or program director for purposes of entry into

apprenticeship programs; another state's department of

education in order to meet regulations established by that

department of education; or a post high school educational

institution for purposes of admission, the Department of

Financial and Professional Regulation for licensing purposes,

or the Armed Forces for induction purposes. The regional

superintendent shall administer such testing, and the

applicant shall be notified in writing that he or she is

eligible to receive a high school equivalency certificate upon

reaching age 17, provided he or she meets the standards

established by the Illinois Community College Board.

Any test administered under this Section to an applicant

who does not speak and understand English may at the discretion

of the administering agency be given and answered in any

language in which the test is printed. The regional

superintendent of schools may waive any fees required by this

Section in case of hardship.

In counties of over 3,000,000 population, a high school

equivalency certificate shall contain the signatures of the

Executive Director of the Illinois Community College Board and ;

the superintendent, president, or other chief executive

officer of the institution where high school equivalency

testing instruction occurred,; and any other signatures

authorized by the Illinois Community College Board.

The regional superintendent of schools shall furnish the

Illinois Community College Board with any information that the

Illinois Community College Board requests with regard to

testing and certificates under this Section.

(Source: P.A. 98-718, eff. 1-1-15; 98-719, eff. 1-1-15; revised

10-1-14.)

(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)

Sec. 14-7.02. Children attending private schools, public

out-of-state schools, public school residential facilities or

private special education facilities. The General Assembly

recognizes that non-public schools or special education

facilities provide an important service in the educational

system in Illinois.

If because of his or her disability the special education

program of a district is unable to meet the needs of a child

and the child attends a non-public school or special education

facility, a public out-of-state school or a special education

facility owned and operated by a county government unit that

provides special educational services required by the child and

is in compliance with the appropriate rules and regulations of

the State Superintendent of Education, the school district in

which the child is a resident shall pay the actual cost of

tuition for special education and related services provided

during the regular school term and during the summer school

term if the child's educational needs so require, excluding

room, board and transportation costs charged the child by that

non-public school or special education facility, public

out-of-state school or county special education facility, or

$4,500 per year, whichever is less, and shall provide him any

necessary transportation. "Nonpublic special education

facility" shall include a residential facility, within or

without the State of Illinois, which provides special education

and related services to meet the needs of the child by

utilizing private schools or public schools, whether located on

the site or off the site of the residential facility.

The State Board of Education shall promulgate rules and

regulations for determining when placement in a private special

education facility is appropriate. Such rules and regulations

shall take into account the various types of services needed by

a child and the availability of such services to the particular

child in the public school. In developing these rules and

regulations the State Board of Education shall consult with the

Advisory Council on Education of Children with Disabilities and

hold public hearings to secure recommendations from parents,

school personnel, and others concerned about this matter.

The State Board of Education shall also promulgate rules

and regulations for transportation to and from a residential

school. Transportation to and from home to a residential school

more than once each school term shall be subject to prior

approval by the State Superintendent in accordance with the

rules and regulations of the State Board.

A school district making tuition payments pursuant to this

Section is eligible for reimbursement from the State for the

amount of such payments actually made in excess of the district

per capita tuition charge for students not receiving special

education services. Such reimbursement shall be approved in

accordance with Section 14-12.01 and each district shall file

its claims, computed in accordance with rules prescribed by the

State Board of Education, on forms prescribed by the State

Superintendent of Education. Data used as a basis of

reimbursement claims shall be for the preceding regular school

term and summer school term. Each school district shall

transmit its claims to the State Board of Education on or

before August 15. The State Board of Education, before

approving any such claims, shall determine their accuracy and

whether they are based upon services and facilities provided

under approved programs. Upon approval the State Board shall

cause vouchers to be prepared showing the amount due for

payment of reimbursement claims to school districts, for

transmittal to the State Comptroller on the 30th day of

September, December, and March, respectively, and the final

voucher, no later than June 20. If the money appropriated by

the General Assembly for such purpose for any year is

insufficient, it shall be apportioned on the basis of the

claims approved.

No child shall be placed in a special education program

pursuant to this Section if the tuition cost for special

education and related services increases more than 10 percent

over the tuition cost for the previous school year or exceeds

$4,500 per year unless such costs have been approved by the

Illinois Purchased Care Review Board. The Illinois Purchased

Care Review Board shall consist of the following persons, or

their designees: the Directors of Children and Family Services,

Public Health, Public Aid, and the Governor's Office of

Management and Budget; the Secretary of Human Services; the

State Superintendent of Education; and such other persons as

the Governor may designate. The Review Board shall also consist

of one non-voting member who is an administrator of a private,

nonpublic, special education school. The Review Board shall

establish rules and regulations for its determination of

allowable costs and payments made by local school districts for

special education, room and board, and other related services

provided by non-public schools or special education facilities

and shall establish uniform standards and criteria which it

shall follow. The Review Board shall approve the usual and

customary rate or rates of a special education program that (i)

is offered by an out-of-state, non-public provider of

integrated autism specific educational and autism specific

residential services, (ii) offers 2 or more levels of

residential care, including at least one locked facility, and

(iii) serves 12 or fewer Illinois students.

The Review Board shall establish uniform definitions and

criteria for accounting separately by special education, room

and board and other related services costs. The Board shall

also establish guidelines for the coordination of services and

financial assistance provided by all State agencies to assure

that no otherwise qualified disabled child receiving services

under Article 14 shall be excluded from participation in, be

denied the benefits of or be subjected to discrimination under

any program or activity provided by any State agency.

The Review Board shall review the costs for special

education and related services provided by non-public schools

or special education facilities and shall approve or disapprove

such facilities in accordance with the rules and regulations

established by it with respect to allowable costs.

The State Board of Education shall provide administrative

and staff support for the Review Board as deemed reasonable by

the State Superintendent of Education. This support shall not

include travel expenses or other compensation for any Review

Board member other than the State Superintendent of Education.

The Review Board shall seek the advice of the Advisory

Council on Education of Children with Disabilities on the rules

and regulations to be promulgated by it relative to providing

special education services.

If a child has been placed in a program in which the actual

per pupil costs of tuition for special education and related

services based on program enrollment, excluding room, board and

transportation costs, exceed $4,500 and such costs have been

approved by the Review Board, the district shall pay such total

costs which exceed $4,500. A district making such tuition

payments in excess of $4,500 pursuant to this Section shall be

responsible for an amount in excess of $4,500 equal to the

district per capita tuition charge and shall be eligible for

reimbursement from the State for the amount of such payments

actually made in excess of the districts per capita tuition

charge for students not receiving special education services.

If a child has been placed in an approved individual

program and the tuition costs including room and board costs

have been approved by the Review Board, then such room and

board costs shall be paid by the appropriate State agency

subject to the provisions of Section 14-8.01 of this Act. Room

and board costs not provided by a State agency other than the

State Board of Education shall be provided by the State Board

of Education on a current basis. In no event, however, shall

the State's liability for funding of these tuition costs begin

until after the legal obligations of third party payors have

been subtracted from such costs. If the money appropriated by

the General Assembly for such purpose for any year is

insufficient, it shall be apportioned on the basis of the

claims approved. Each district shall submit estimated claims to

the State Superintendent of Education. Upon approval of such

claims, the State Superintendent of Education shall direct the

State Comptroller to make payments on a monthly basis. The

frequency for submitting estimated claims and the method of

determining payment shall be prescribed in rules and

regulations adopted by the State Board of Education. Such

current state reimbursement shall be reduced by an amount equal

to the proceeds which the child or child's parents are eligible

to receive under any public or private insurance or assistance

program. Nothing in this Section shall be construed as

relieving an insurer or similar third party from an otherwise

valid obligation to provide or to pay for services provided to

a disabled child.

If it otherwise qualifies, a school district is eligible

for the transportation reimbursement under Section 14-13.01

and for the reimbursement of tuition payments under this

Section whether the non-public school or special education

facility, public out-of-state school or county special

education facility, attended by a child who resides in that

district and requires special educational services, is within

or outside of the State of Illinois. However, a district is not

eligible to claim transportation reimbursement under this

Section unless the district certifies to the State

Superintendent of Education that the district is unable to

provide special educational services required by the child for

the current school year.

Nothing in this Section authorizes the reimbursement of a

school district for the amount paid for tuition of a child

attending a non-public school or special education facility,

public out-of-state school or county special education

facility unless the school district certifies to the State

Superintendent of Education that the special education program

of that district is unable to meet the needs of that child

because of his disability and the State Superintendent of

Education finds that the school district is in substantial

compliance with Section 14-4.01. However, if a child is

unilaterally placed by a State agency or any court in a

non-public school or special education facility, public

out-of-state school, or county special education facility, a

school district shall not be required to certify to the State

Superintendent of Education, for the purpose of tuition

reimbursement, that the special education program of that

district is unable to meet the needs of a child because of his

or her disability.

Any educational or related services provided, pursuant to

this Section in a non-public school or special education

facility or a special education facility owned and operated by

a county government unit shall be at no cost to the parent or

guardian of the child. However, current law and practices

relative to contributions by parents or guardians for costs

other than educational or related services are not affected by

this amendatory Act of 1978.

Reimbursement for children attending public school

residential facilities shall be made in accordance with the

provisions of this Section.

Notwithstanding any other provision of law, any school

district receiving a payment under this Section or under

Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify

all or a portion of the funds that it receives in a particular

fiscal year or from general State aid pursuant to Section

18-8.05 of this Code 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 referenced in 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

payments or general State aid to be classified under this

paragraph 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

paragraph 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 paragraph by a district shall in

any way relieve the district from or affect any requirements

that otherwise would apply with respect to that funding

program, including any accounting of funds by source, reporting

expenditures by original source and purpose, reporting

requirements, or requirements of providing services.

(Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15;

revised 10-1-14.)

(105 ILCS 5/19-1)

Sec. 19-1. Debt limitations of school districts.

(a) School districts shall not be subject to the provisions

limiting their indebtedness prescribed in "An Act to limit the

indebtedness of counties having a population of less than

500,000 and townships, school districts and other municipal

corporations having a population of less than 300,000",

approved February 15, 1928, as amended.

No school districts maintaining grades K through 8 or 9

through 12 shall become indebted in any manner or for any

purpose to an amount, including existing indebtedness, in the

aggregate exceeding 6.9% on the value of the taxable property

therein to be ascertained by the last assessment for State and

county taxes or, until January 1, 1983, if greater, the sum

that is produced by multiplying the school district's 1978

equalized assessed valuation by the debt limitation percentage

in effect on January 1, 1979, previous to the incurring of such

indebtedness.

No school districts maintaining grades K through 12 shall

become indebted in any manner or for any purpose to an amount,

including existing indebtedness, in the aggregate exceeding

13.8% on the value of the taxable property therein to be

ascertained by the last assessment for State and county taxes

or, until January 1, 1983, if greater, the sum that is produced

by multiplying the school district's 1978 equalized assessed

valuation by the debt limitation percentage in effect on

January 1, 1979, previous to the incurring of such

indebtedness.

No partial elementary unit district, as defined in Article

11E of this Code, shall become indebted in any manner or for

any purpose in an amount, including existing indebtedness, in

the aggregate exceeding 6.9% of the value of the taxable

property of the entire district, to be ascertained by the last

assessment for State and county taxes, plus an amount,

including existing indebtedness, in the aggregate exceeding

6.9% of the value of the taxable property of that portion of

the district included in the elementary and high school

classification, to be ascertained by the last assessment for

State and county taxes. Moreover, no partial elementary unit

district, as defined in Article 11E of this Code, shall become

indebted on account of bonds issued by the district for high

school purposes in the aggregate exceeding 6.9% of the value of

the taxable property of the entire district, to be ascertained

by the last assessment for State and county taxes, nor shall

the district become indebted on account of bonds issued by the

district for elementary purposes in the aggregate exceeding

6.9% of the value of the taxable property for that portion of

the district included in the elementary and high school

classification, to be ascertained by the last assessment for

State and county taxes.

Notwithstanding the provisions of any other law to the

contrary, in any case in which the voters of a school district

have approved a proposition for the issuance of bonds of such

school district at an election held prior to January 1, 1979,

and all of the bonds approved at such election have not been

issued, the debt limitation applicable to such school district

during the calendar year 1979 shall be computed by multiplying

the value of taxable property therein, including personal

property, as ascertained by the last assessment for State and

county taxes, previous to the incurring of such indebtedness,

by the percentage limitation applicable to such school district

under the provisions of this subsection (a).

(b) Notwithstanding the debt limitation prescribed in

subsection (a) of this Section, additional indebtedness may be

incurred in an amount not to exceed the estimated cost of

acquiring or improving school sites or constructing and

equipping additional building facilities under the following

conditions:

(1) Whenever the enrollment of students for the next

school year is estimated by the board of education to

increase over the actual present enrollment by not less

than 35% or by not less than 200 students or the actual

present enrollment of students has increased over the

previous school year by not less than 35% or by not less

than 200 students and the board of education determines

that additional school sites or building facilities are

required as a result of such increase in enrollment; and

(2) When the Regional Superintendent of Schools having

jurisdiction over the school district and the State

Superintendent of Education concur in such enrollment

projection or increase and approve the need for such

additional school sites or building facilities and the

estimated cost thereof; and

(3) When the voters in the school district approve a

proposition for the issuance of bonds for the purpose of

acquiring or improving such needed school sites or

constructing and equipping such needed additional building

facilities at an election called and held for that purpose.

Notice of such an election shall state that the amount of

indebtedness proposed to be incurred would exceed the debt

limitation otherwise applicable to the school district.

The ballot for such proposition shall state what percentage

of the equalized assessed valuation will be outstanding in

bonds if the proposed issuance of bonds is approved by the

voters; or

(4) Notwithstanding the provisions of paragraphs (1)

through (3) of this subsection (b), if the school board

determines that additional facilities are needed to

provide a quality educational program and not less than 2/3

of those voting in an election called by the school board

on the question approve the issuance of bonds for the

construction of such facilities, the school district may

issue bonds for this purpose; or

(5) Notwithstanding the provisions of paragraphs (1)

through (3) of this subsection (b), if (i) the school

district has previously availed itself of the provisions of

paragraph (4) of this subsection (b) to enable it to issue

bonds, (ii) the voters of the school district have not

defeated a proposition for the issuance of bonds since the

referendum described in paragraph (4) of this subsection

(b) was held, (iii) the school board determines that

additional facilities are needed to provide a quality

educational program, and (iv) a majority of those voting in

an election called by the school board on the question

approve the issuance of bonds for the construction of such

facilities, the school district may issue bonds for this

purpose.

In no event shall the indebtedness incurred pursuant to

this subsection (b) and the existing indebtedness of the school

district exceed 15% of the value of the taxable property

therein to be ascertained by the last assessment for State and

county taxes, previous to the incurring of such indebtedness

or, until January 1, 1983, if greater, the sum that is produced

by multiplying the school district's 1978 equalized assessed

valuation by the debt limitation percentage in effect on

January 1, 1979.

The indebtedness provided for by this subsection (b) shall

be in addition to and in excess of any other debt limitation.

(c) Notwithstanding the debt limitation prescribed in

subsection (a) of this Section, in any case in which a public

question for the issuance of bonds of a proposed school

district maintaining grades kindergarten through 12 received

at least 60% of the valid ballots cast on the question at an

election held on or prior to November 8, 1994, and in which the

bonds approved at such election have not been issued, the

school district pursuant to the requirements of Section 11A-10

(now repealed) may issue the total amount of bonds approved at

such election for the purpose stated in the question.

(d) Notwithstanding the debt limitation prescribed in

subsection (a) of this Section, a school district that meets

all the criteria set forth in paragraphs (1) and (2) of this

subsection (d) may incur an additional indebtedness in an

amount not to exceed $4,500,000, even though the amount of the

additional indebtedness authorized by this subsection (d),

when incurred and added to the aggregate amount of indebtedness

of the district existing immediately prior to the district

incurring the additional indebtedness authorized by this

subsection (d), causes the aggregate indebtedness of the

district to exceed the debt limitation otherwise applicable to

that district under subsection (a):

(1) The additional indebtedness authorized by this

subsection (d) is incurred by the school district through

the issuance of bonds under and in accordance with Section

17-2.11a for the purpose of replacing a school building

which, because of mine subsidence damage, has been closed

as provided in paragraph (2) of this subsection (d) or

through the issuance of bonds under and in accordance with

Section 19-3 for the purpose of increasing the size of, or

providing for additional functions in, such replacement

school buildings, or both such purposes.

(2) The bonds issued by the school district as provided

in paragraph (1) above are issued for the purposes of

construction by the school district of a new school

building pursuant to Section 17-2.11, to replace an

existing school building that, because of mine subsidence

damage, is closed as of the end of the 1992-93 school year

pursuant to action of the regional superintendent of

schools of the educational service region in which the

district is located under Section 3-14.22 or are issued for

the purpose of increasing the size of, or providing for

additional functions in, the new school building being

constructed to replace a school building closed as the

result of mine subsidence damage, or both such purposes.

(e) (Blank).

(f) Notwithstanding the provisions of subsection (a) of

this Section or of any other law, bonds in not to exceed the

aggregate amount of $5,500,000 and issued by a school district

meeting the following criteria shall not be considered

indebtedness for purposes of any statutory limitation and may

be issued in an amount or amounts, including existing

indebtedness, in excess of any heretofore or hereafter imposed

statutory limitation as to indebtedness:

(1) At the time of the sale of such bonds, the board of

education of the district shall have determined by

resolution that the enrollment of students in the district

is projected to increase by not less than 7% during each of

the next succeeding 2 school years.

(2) The board of education shall also determine by

resolution that the improvements to be financed with the

proceeds of the bonds are needed because of the projected

enrollment increases.

(3) The board of education shall also determine by

resolution that the projected increases in enrollment are

the result of improvements made or expected to be made to

passenger rail facilities located in the school district.

Notwithstanding the provisions of subsection (a) of this

Section or of any other law, a school district that has availed

itself of the provisions of this subsection (f) prior to July

22, 2004 (the effective date of Public Act 93-799) may also

issue bonds approved by referendum up to an amount, including

existing indebtedness, not exceeding 25% of the equalized

assessed value of the taxable property in the district if all

of the conditions set forth in items (1), (2), and (3) of this

subsection (f) are met.

(g) Notwithstanding the provisions of subsection (a) of

this Section or any other law, bonds in not to exceed an

aggregate amount of 25% of the equalized assessed value of the

taxable property of a school district and issued by a school

district meeting the criteria in paragraphs (i) through (iv) of

this subsection shall not be considered indebtedness for

purposes of any statutory limitation and may be issued pursuant

to resolution of the school board in an amount or amounts,

including existing indebtedness, in excess of any statutory

limitation of indebtedness heretofore or hereafter imposed:

(i) The bonds are issued for the purpose of

constructing a new high school building to replace two

adjacent existing buildings which together house a single

high school, each of which is more than 65 years old, and

which together are located on more than 10 acres and less

than 11 acres of property.

(ii) At the time the resolution authorizing the

issuance of the bonds is adopted, the cost of constructing

a new school building to replace the existing school

building is less than 60% of the cost of repairing the

existing school building.

(iii) The sale of the bonds occurs before July 1, 1997.

(iv) The school district issuing the bonds is a unit

school district located in a county of less than 70,000 and

more than 50,000 inhabitants, which has an average daily

attendance of less than 1,500 and an equalized assessed

valuation of less than $29,000,000.

(h) Notwithstanding any other provisions of this Section or

the provisions of any other law, until January 1, 1998, a

community unit school district maintaining grades K through 12

may issue bonds up to an amount, including existing

indebtedness, not exceeding 27.6% of the equalized assessed

value of the taxable property in the district, if all of the

following conditions are met:

(i) The school district has an equalized assessed

valuation for calendar year 1995 of less than $24,000,000;

(ii) The bonds are issued for the capital improvement,

renovation, rehabilitation, or replacement of existing

school buildings of the district, all of which buildings

were originally constructed not less than 40 years ago;

(iii) The voters of the district approve a proposition

for the issuance of the bonds at a referendum held after

March 19, 1996; and

(iv) The bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(i) Notwithstanding any other provisions of this Section or

the provisions of any other law, until January 1, 1998, a

community unit school district maintaining grades K through 12

may issue bonds up to an amount, including existing

indebtedness, not exceeding 27% of the equalized assessed value

of the taxable property in the district, if all of the

following conditions are met:

(i) The school district has an equalized assessed

valuation for calendar year 1995 of less than $44,600,000;

(ii) The bonds are issued for the capital improvement,

renovation, rehabilitation, or replacement of existing

school buildings of the district, all of which existing

buildings were originally constructed not less than 80

years ago;

(iii) The voters of the district approve a proposition

for the issuance of the bonds at a referendum held after

December 31, 1996; and

(iv) The bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(j) Notwithstanding any other provisions of this Section or

the provisions of any other law, until January 1, 1999, a

community unit school district maintaining grades K through 12

may issue bonds up to an amount, including existing

indebtedness, not exceeding 27% of the equalized assessed value

of the taxable property in the district if all of the following

conditions are met:

(i) The school district has an equalized assessed

valuation for calendar year 1995 of less than $140,000,000

and a best 3 months average daily attendance for the

1995-96 school year of at least 2,800;

(ii) The bonds are issued to purchase a site and build

and equip a new high school, and the school district's

existing high school was originally constructed not less

than 35 years prior to the sale of the bonds;

(iii) At the time of the sale of the bonds, the board

of education determines by resolution that a new high

school is needed because of projected enrollment

increases;

(iv) At least 60% of those voting in an election held

after December 31, 1996 approve a proposition for the

issuance of the bonds; and

(v) The bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(k) Notwithstanding the debt limitation prescribed in

subsection (a) of this Section, a school district that meets

all the criteria set forth in paragraphs (1) through (4) of

this subsection (k) may issue bonds to incur an additional

indebtedness in an amount not to exceed $4,000,000 even though

the amount of the additional indebtedness authorized by this

subsection (k), when incurred and added to the aggregate amount

of indebtedness of the school district existing immediately

prior to the school district incurring such additional

indebtedness, causes the aggregate indebtedness of the school

district to exceed or increases the amount by which the

aggregate indebtedness of the district already exceeds the debt

limitation otherwise applicable to that school district under

subsection (a):

(1) the school district is located in 2 counties, and a

referendum to authorize the additional indebtedness was

approved by a majority of the voters of the school district

voting on the proposition to authorize that indebtedness;

(2) the additional indebtedness is for the purpose of

financing a multi-purpose room addition to the existing

high school;

(3) the additional indebtedness, together with the

existing indebtedness of the school district, shall not

exceed 17.4% of the value of the taxable property in the

school district, to be ascertained by the last assessment

for State and county taxes; and

(4) the bonds evidencing the additional indebtedness

are issued, if at all, within 120 days of the effective

date of this amendatory Act of 1998.

(l) Notwithstanding any other provisions of this Section or

the provisions of any other law, until January 1, 2000, a

school district maintaining grades kindergarten through 8 may

issue bonds up to an amount, including existing indebtedness,

not exceeding 15% of the equalized assessed value of the

taxable property in the district if all of the following

conditions are met:

(i) the district has an equalized assessed valuation

for calendar year 1996 of less than $10,000,000;

(ii) the bonds are issued for capital improvement,

renovation, rehabilitation, or replacement of one or more

school buildings of the district, which buildings were

originally constructed not less than 70 years ago;

(iii) the voters of the district approve a proposition

for the issuance of the bonds at a referendum held on or

after March 17, 1998; and

(iv) the bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(m) Notwithstanding any other provisions of this Section or

the provisions of any other law, until January 1, 1999, an

elementary school district maintaining grades K through 8 may

issue bonds up to an amount, excluding existing indebtedness,

not exceeding 18% of the equalized assessed value of the

taxable property in the district, if all of the following

conditions are met:

(i) The school district has an equalized assessed

valuation for calendar year 1995 or less than $7,700,000;

(ii) The school district operates 2 elementary

attendance centers that until 1976 were operated as the

attendance centers of 2 separate and distinct school

districts;

(iii) The bonds are issued for the construction of a

new elementary school building to replace an existing

multi-level elementary school building of the school

district that is not handicapped accessible at all levels

and parts of which were constructed more than 75 years ago;

(iv) The voters of the school district approve a

proposition for the issuance of the bonds at a referendum

held after July 1, 1998; and

(v) The bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(n) Notwithstanding the debt limitation prescribed in

subsection (a) of this Section or any other provisions of this

Section or of any other law, a school district that meets all

of the criteria set forth in paragraphs (i) through (vi) of

this subsection (n) may incur additional indebtedness by the

issuance of bonds in an amount not exceeding the amount

certified by the Capital Development Board to the school

district as provided in paragraph (iii) of this subsection (n),

even though the amount of the additional indebtedness so

authorized, when incurred and added to the aggregate amount of

indebtedness of the district existing immediately prior to the

district incurring the additional indebtedness authorized by

this subsection (n), causes the aggregate indebtedness of the

district to exceed the debt limitation otherwise applicable by

law to that district:

(i) The school district applies to the State Board of

Education for a school construction project grant and

submits a district facilities plan in support of its

application pursuant to Section 5-20 of the School

Construction Law.

(ii) The school district's application and facilities

plan are approved by, and the district receives a grant

entitlement for a school construction project issued by,

the State Board of Education under the School Construction

Law.

(iii) The school district has exhausted its bonding

capacity or the unused bonding capacity of the district is

less than the amount certified by the Capital Development

Board to the district under Section 5-15 of the School

Construction Law as the dollar amount of the school

construction project's cost that the district will be

required to finance with non-grant funds in order to

receive a school construction project grant under the

School Construction Law.

(iv) The bonds are issued for a "school construction

project", as that term is defined in Section 5-5 of the

School Construction Law, in an amount that does not exceed

the dollar amount certified, as provided in paragraph (iii)

of this subsection (n), by the Capital Development Board to

the school district under Section 5-15 of the School

Construction Law.

(v) The voters of the district approve a proposition

for the issuance of the bonds at a referendum held after

the criteria specified in paragraphs (i) and (iii) of this

subsection (n) are met.

(vi) The bonds are issued pursuant to Sections 19-2

through 19-7 of the School Code.

(o) Notwithstanding any other provisions of this Section or

the provisions of any other law, until November 1, 2007, a

community unit school district maintaining grades K through 12

may issue bonds up to an amount, including existing

indebtedness, not exceeding 20% of the equalized assessed value

of the taxable property in the district if all of the following

conditions are met:

(i) the school district has an equalized assessed

valuation for calendar year 2001 of at least $737,000,000

and an enrollment for the 2002-2003 school year of at least

8,500;

(ii) the bonds are issued to purchase school sites,

build and equip a new high school, build and equip a new

junior high school, build and equip 5 new elementary

schools, and make technology and other improvements and

additions to existing schools;

(iii) at the time of the sale of the bonds, the board

of education determines by resolution that the sites and

new or improved facilities are needed because of projected

enrollment increases;

(iv) at least 57% of those voting in a general election

held prior to January 1, 2003 approved a proposition for

the issuance of the bonds; and

(v) the bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(p) Notwithstanding any other provisions of this Section or

the provisions of any other law, a community unit school

district maintaining grades K through 12 may issue bonds up to

an amount, including indebtedness, not exceeding 27% of the

equalized assessed value of the taxable property in the

district if all of the following conditions are met:

(i) The school district has an equalized assessed

valuation for calendar year 2001 of at least $295,741,187

and a best 3 months' average daily attendance for the

2002-2003 school year of at least 2,394.

(ii) The bonds are issued to build and equip 3

elementary school buildings; build and equip one middle

school building; and alter, repair, improve, and equip all

existing school buildings in the district.

(iii) At the time of the sale of the bonds, the board

of education determines by resolution that the project is

needed because of expanding growth in the school district

and a projected enrollment increase.

(iv) The bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(p-5) Notwithstanding any other provisions of this Section

or the provisions of any other law, bonds issued by a community

unit school district maintaining grades K through 12 shall not

be considered indebtedness for purposes of any statutory

limitation and may be issued in an amount or amounts, including

existing indebtedness, in excess of any heretofore or hereafter

imposed statutory limitation as to indebtedness, if all of the

following conditions are met:

(i) For each of the 4 most recent years, residential

property comprises more than 80% of the equalized assessed

valuation of the district.

(ii) At least 2 school buildings that were constructed

40 or more years prior to the issuance of the bonds will be

demolished and will be replaced by new buildings or

additions to one or more existing buildings.

(iii) Voters of the district approve a proposition for

the issuance of the bonds at a regularly scheduled

election.

(iv) At the time of the sale of the bonds, the school

board determines by resolution that the new buildings or

building additions are needed because of an increase in

enrollment projected by the school board.

(v) The principal amount of the bonds, including

existing indebtedness, does not exceed 25% of the equalized

assessed value of the taxable property in the district.

(vi) The bonds are issued prior to January 1, 2007,

pursuant to Sections 19-2 through 19-7 of this Code.

(p-10) Notwithstanding any other provisions of this

Section or the provisions of any other law, bonds issued by a

community consolidated school district maintaining grades K

through 8 shall not be considered indebtedness for purposes of

any statutory limitation and may be issued in an amount or

amounts, including existing indebtedness, in excess of any

heretofore or hereafter imposed statutory limitation as to

indebtedness, if all of the following conditions are met:

(i) For each of the 4 most recent years, residential

and farm property comprises more than 80% of the equalized

assessed valuation of the district.

(ii) The bond proceeds are to be used to acquire and

improve school sites and build and equip a school building.

(iii) Voters of the district approve a proposition for

the issuance of the bonds at a regularly scheduled

election.

(iv) At the time of the sale of the bonds, the school

board determines by resolution that the school sites and

building additions are needed because of an increase in

enrollment projected by the school board.

(v) The principal amount of the bonds, including

existing indebtedness, does not exceed 20% of the equalized

assessed value of the taxable property in the district.

(vi) The bonds are issued prior to January 1, 2007,

pursuant to Sections 19-2 through 19-7 of this Code.

(p-15) In addition to all other authority to issue bonds,

the Oswego Community Unit School District Number 308 may issue

bonds with an aggregate principal amount not to exceed

$450,000,000, but only if all of the following conditions are

met:

(i) The voters of the district have approved a

proposition for the bond issue at the general election held

on November 7, 2006.

(ii) At the time of the sale of the bonds, the school

board determines, by resolution, that: (A) the building and

equipping of the new high school building, new junior high

school buildings, new elementary school buildings, early

childhood building, maintenance building, transportation

facility, and additions to existing school buildings, the

altering, repairing, equipping, and provision of

technology improvements to existing school buildings, and

the acquisition and improvement of school sites, as the

case may be, are required as a result of a projected

increase in the enrollment of students in the district; and

(B) the sale of bonds for these purposes is authorized by

legislation that exempts the debt incurred on the bonds

from the district's statutory debt limitation.

(iii) The bonds are issued, in one or more bond issues,

on or before November 7, 2011, but the aggregate principal

amount issued in all such bond issues combined must not

exceed $450,000,000.

(iv) The bonds are issued in accordance with this

Article 19.

(v) The proceeds of the bonds are used only to

accomplish those projects approved by the voters at the

general election held on November 7, 2006.

The debt incurred on any bonds issued under this subsection

(p-15) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-20) In addition to all other authority to issue bonds,

the Lincoln-Way Community High School District Number 210 may

issue bonds with an aggregate principal amount not to exceed

$225,000,000, but only if all of the following conditions are

met:

(i) The voters of the district have approved a

proposition for the bond issue at the general primary

election held on March 21, 2006.

(ii) At the time of the sale of the bonds, the school

board determines, by resolution, that: (A) the building and

equipping of the new high school buildings, the altering,

repairing, and equipping of existing school buildings, and

the improvement of school sites, as the case may be, are

required as a result of a projected increase in the

enrollment of students in the district; and (B) the sale of

bonds for these purposes is authorized by legislation that

exempts the debt incurred on the bonds from the district's

statutory debt limitation.

(iii) The bonds are issued, in one or more bond issues,

on or before March 21, 2011, but the aggregate principal

amount issued in all such bond issues combined must not

exceed $225,000,000.

(iv) The bonds are issued in accordance with this

Article 19.

(v) The proceeds of the bonds are used only to

accomplish those projects approved by the voters at the

primary election held on March 21, 2006.

The debt incurred on any bonds issued under this subsection

(p-20) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-25) In addition to all other authority to issue bonds,

Rochester Community Unit School District 3A may issue bonds

with an aggregate principal amount not to exceed $18,500,000,

but only if all of the following conditions are met:

(i) The voters of the district approve a proposition

for the bond issuance at the general primary election held

in 2008.

(ii) At the time of the sale of the bonds, the school

board determines, by resolution, that: (A) the building and

equipping of a new high school building; the addition of

classrooms and support facilities at the high school,

middle school, and elementary school; the altering,

repairing, and equipping of existing school buildings; and

the improvement of school sites, as the case may be, are

required as a result of a projected increase in the

enrollment of students in the district; and (B) the sale of

bonds for these purposes is authorized by a law that

exempts the debt incurred on the bonds from the district's

statutory debt limitation.

(iii) The bonds are issued, in one or more bond issues,

on or before December 31, 2012, but the aggregate principal

amount issued in all such bond issues combined must not

exceed $18,500,000.

(iv) The bonds are issued in accordance with this

Article 19.

(v) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at the primary

election held in 2008.

The debt incurred on any bonds issued under this subsection

(p-25) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-30) In addition to all other authority to issue bonds,

Prairie Grove Consolidated School District 46 may issue bonds

with an aggregate principal amount not to exceed $30,000,000,

but only if all of the following conditions are met:

(i) The voters of the district approve a proposition

for the bond issuance at an election held in 2008.

(ii) At the time of the sale of the bonds, the school

board determines, by resolution, that (A) the building and

equipping of a new school building and additions to

existing school buildings are required as a result of a

projected increase in the enrollment of students in the

district and (B) the altering, repairing, and equipping of

existing school buildings are required because of the age

of the existing school buildings.

(iii) The bonds are issued, in one or more bond

issuances, on or before December 31, 2012; however, the

aggregate principal amount issued in all such bond

issuances combined must not exceed $30,000,000.

(iv) The bonds are issued in accordance with this

Article.

(v) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held in 2008.

The debt incurred on any bonds issued under this subsection

(p-30) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-35) In addition to all other authority to issue bonds,

Prairie Hill Community Consolidated School District 133 may

issue bonds with an aggregate principal amount not to exceed

$13,900,000, but only if all of the following conditions are

met:

(i) The voters of the district approved a proposition

for the bond issuance at an election held on April 17,

2007.

(ii) At the time of the sale of the bonds, the school

board determines, by resolution, that (A) the improvement

of the site of and the building and equipping of a school

building are required as a result of a projected increase

in the enrollment of students in the district and (B) the

repairing and equipping of the Prairie Hill Elementary

School building is required because of the age of that

school building.

(iii) The bonds are issued, in one or more bond

issuances, on or before December 31, 2011, but the

aggregate principal amount issued in all such bond

issuances combined must not exceed $13,900,000.

(iv) The bonds are issued in accordance with this

Article.

(v) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on April 17, 2007.

The debt incurred on any bonds issued under this subsection

(p-35) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-40) In addition to all other authority to issue bonds,

Mascoutah Community Unit District 19 may issue bonds with an

aggregate principal amount not to exceed $55,000,000, but only

if all of the following conditions are met:

(1) The voters of the district approve a proposition

for the bond issuance at a regular election held on or

after November 4, 2008.

(2) At the time of the sale of the bonds, the school

board determines, by resolution, that (i) the building and

equipping of a new high school building is required as a

result of a projected increase in the enrollment of

students in the district and the age and condition of the

existing high school building, (ii) the existing high

school building will be demolished, and (iii) the sale of

bonds is authorized by statute that exempts the debt

incurred on the bonds from the district's statutory debt

limitation.

(3) The bonds are issued, in one or more bond

issuances, on or before December 31, 2011, but the

aggregate principal amount issued in all such bond

issuances combined must not exceed $55,000,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at a regular

election held on or after November 4, 2008.

The debt incurred on any bonds issued under this subsection

(p-40) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-45) Notwithstanding the provisions of subsection (a) of

this Section or of any other law, bonds issued pursuant to

Section 19-3.5 of this Code shall not be considered

indebtedness for purposes of any statutory limitation if the

bonds are issued in an amount or amounts, including existing

indebtedness of the school district, not in excess of 18.5% of

the value of the taxable property in the district to be

ascertained by the last assessment for State and county taxes.

(p-50) Notwithstanding the provisions of subsection (a) of

this Section or of any other law, bonds issued pursuant to

Section 19-3.10 of this Code shall not be considered

indebtedness for purposes of any statutory limitation if the

bonds are issued in an amount or amounts, including existing

indebtedness of the school district, not in excess of 43% of

the value of the taxable property in the district to be

ascertained by the last assessment for State and county taxes.

(p-55) In addition to all other authority to issue bonds,

Belle Valley School District 119 may issue bonds with an

aggregate principal amount not to exceed $47,500,000, but only

if all of the following conditions are met:

(1) The voters of the district approve a proposition

for the bond issuance at an election held on or after April

7, 2009.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) the building and

equipping of a new school building is required as a result

of mine subsidence in an existing school building and

because of the age and condition of another existing school

building and (ii) the issuance of bonds is authorized by

statute that exempts the debt incurred on the bonds from

the district's statutory debt limitation.

(3) The bonds are issued, in one or more bond

issuances, on or before March 31, 2014, but the aggregate

principal amount issued in all such bond issuances combined

must not exceed $47,500,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on or after April 7, 2009.

The debt incurred on any bonds issued under this subsection

(p-55) shall not be considered indebtedness for purposes of any

statutory debt limitation. Bonds issued under this subsection

(p-55) must mature within not to exceed 30 years from their

date, notwithstanding any other law to the contrary.

(p-60) In addition to all other authority to issue bonds,

Wilmington Community Unit School District Number 209-U may

issue bonds with an aggregate principal amount not to exceed

$2,285,000, but only if all of the following conditions are

met:

(1) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at the general

primary election held on March 21, 2006.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) the projects

approved by the voters were and are required because of the

age and condition of the school district's prior and

existing school buildings and (ii) the issuance of the

bonds is authorized by legislation that exempts the debt

incurred on the bonds from the district's statutory debt

limitation.

(3) The bonds are issued in one or more bond issuances

on or before March 1, 2011, but the aggregate principal

amount issued in all those bond issuances combined must not

exceed $2,285,000.

(4) The bonds are issued in accordance with this

Article.

The debt incurred on any bonds issued under this subsection

(p-60) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-65) In addition to all other authority to issue bonds,

West Washington County Community Unit School District 10 may

issue bonds with an aggregate principal amount not to exceed

$32,200,000 and maturing over a period not exceeding 25 years,

but only if all of the following conditions are met:

(1) The voters of the district approve a proposition

for the bond issuance at an election held on or after

February 2, 2010.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (A) all or a portion

of the existing Okawville Junior/Senior High School

Building will be demolished; (B) the building and equipping

of a new school building to be attached to and the

alteration, repair, and equipping of the remaining portion

of the Okawville Junior/Senior High School Building is

required because of the age and current condition of that

school building; and (C) the issuance of bonds is

authorized by a statute that exempts the debt incurred on

the bonds from the district's statutory debt limitation.

(3) The bonds are issued, in one or more bond

issuances, on or before March 31, 2014, but the aggregate

principal amount issued in all such bond issuances combined

must not exceed $32,200,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on or after February 2, 2010.

The debt incurred on any bonds issued under this subsection

(p-65) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-70) In addition to all other authority to issue bonds,

Cahokia Community Unit School District 187 may issue bonds with

an aggregate principal amount not to exceed $50,000,000, but

only if all the following conditions are met:

(1) The voters of the district approve a proposition

for the bond issuance at an election held on or after

November 2, 2010.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) the building and

equipping of a new school building is required as a result

of the age and condition of an existing school building and

(ii) the issuance of bonds is authorized by a statute that

exempts the debt incurred on the bonds from the district's

statutory debt limitation.

(3) The bonds are issued, in one or more issuances, on

or before July 1, 2016, but the aggregate principal amount

issued in all such bond issuances combined must not exceed

$50,000,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on or after November 2, 2010.

The debt incurred on any bonds issued under this subsection

(p-70) shall not be considered indebtedness for purposes of any

statutory debt limitation. Bonds issued under this subsection

(p-70) must mature within not to exceed 25 years from their

date, notwithstanding any other law, including Section 19-3 of

this Code, to the contrary.

(p-75) Notwithstanding the debt limitation prescribed in

subsection (a) of this Section or any other provisions of this

Section or of any other law, the execution of leases on or

after January 1, 2007 and before July 1, 2011 by the Board of

Education of Peoria School District 150 with a public building

commission for leases entered into pursuant to the Public

Building Commission Act shall not be considered indebtedness

for purposes of any statutory debt limitation.

This subsection (p-75) applies only if the State Board of

Education or the Capital Development Board makes one or more

grants to Peoria School District 150 pursuant to the School

Construction Law. The amount exempted from the debt limitation

as prescribed in this subsection (p-75) shall be no greater

than the amount of one or more grants awarded to Peoria School

District 150 by the State Board of Education or the Capital

Development Board.

(p-80) In addition to all other authority to issue bonds,

Ridgeland School District 122 may issue bonds with an aggregate

principal amount not to exceed $50,000,000 for the purpose of

refunding or continuing to refund bonds originally issued

pursuant to voter approval at the general election held on

November 7, 2000, and the debt incurred on any bonds issued

under this subsection (p-80) shall not be considered

indebtedness for purposes of any statutory debt limitation.

Bonds issued under this subsection (p-80) may be issued in one

or more issuances and must mature within not to exceed 25 years

from their date, notwithstanding any other law, including

Section 19-3 of this Code, to the contrary.

(p-85) In addition to all other authority to issue bonds,

Hall High School District 502 may issue bonds with an aggregate

principal amount not to exceed $32,000,000, but only if all the

following conditions are met:

(1) The voters of the district approve a proposition

for the bond issuance at an election held on or after April

9, 2013.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) the building and

equipping of a new school building is required as a result

of the age and condition of an existing school building,

(ii) the existing school building should be demolished in

its entirety or the existing school building should be

demolished except for the 1914 west wing of the building,

and (iii) the issuance of bonds is authorized by a statute

that exempts the debt incurred on the bonds from the

district's statutory debt limitation.

(3) The bonds are issued, in one or more issuances, not

later than 5 years after the date of the referendum

approving the issuance of the bonds, but the aggregate

principal amount issued in all such bond issuances combined

must not exceed $32,000,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on or after April 9, 2013.

The debt incurred on any bonds issued under this subsection

(p-85) shall not be considered indebtedness for purposes of any

statutory debt limitation. Bonds issued under this subsection

(p-85) must mature within not to exceed 30 years from their

date, notwithstanding any other law, including Section 19-3 of

this Code, to the contrary.

(p-90) In addition to all other authority to issue bonds,

Lebanon Community Unit School District 9 may issue bonds with

an aggregate principal amount not to exceed $7,500,000, but

only if all of the following conditions are met:

(1) The voters of the district approved a proposition

for the bond issuance at the general primary election on

February 2, 2010.

(2) At or prior to the time of the sale of the bonds,

the school board determines, by resolution, that (i) the

building and equipping of a new elementary school building

is required as a result of a projected increase in the

enrollment of students in the district and the age and

condition of the existing Lebanon Elementary School

building, (ii) a portion of the existing Lebanon Elementary

School building will be demolished and the remaining

portion will be altered, repaired, and equipped, and (iii)

the sale of bonds is authorized by a statute that exempts

the debt incurred on the bonds from the district's

statutory debt limitation.

(3) The bonds are issued, in one or more bond

issuances, on or before April 1, 2014, but the aggregate

principal amount issued in all such bond issuances combined

must not exceed $7,500,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at the general

primary election held on February 2, 2010.

The debt incurred on any bonds issued under this subsection

(p-90) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-95) In addition to all other authority to issue bonds,

Monticello Community Unit School District 25 may issue bonds

with an aggregate principal amount not to exceed $35,000,000,

but only if all of the following conditions are met:

(1) The voters of the district approve a proposition

for the bond issuance at an election held on or after

November 4, 2014.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) the building and

equipping of a new school building is required as a result

of the age and condition of an existing school building and

(ii) the issuance of bonds is authorized by a statute that

exempts the debt incurred on the bonds from the district's

statutory debt limitation.

(3) The bonds are issued, in one or more issuances, on

or before July 1, 2020, but the aggregate principal amount

issued in all such bond issuances combined must not exceed

$35,000,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on or after November 4, 2014.

The debt incurred on any bonds issued under this subsection

(p-95) shall not be considered indebtedness for purposes of any

statutory debt limitation. Bonds issued under this subsection

(p-95) must mature within not to exceed 25 years from their

date, notwithstanding any other law, including Section 19-3 of

this Code, to the contrary.

(p-100) (p-95) In addition to all other authority to issue

bonds, the community unit school district created in the

territory comprising Milford Community Consolidated School

District 280 and Milford Township High School District 233, as

approved at the general primary election held on March 18,

2014, may issue bonds with an aggregate principal amount not to

exceed $17,500,000, but only if all the following conditions

are met:

(1) The voters of the district approve a proposition

for the bond issuance at an election held on or after

November 4, 2014.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) the building and

equipping of a new school building is required as a result

of the age and condition of an existing school building and

(ii) the issuance of bonds is authorized by a statute that

exempts the debt incurred on the bonds from the district's

statutory debt limitation.

(3) The bonds are issued, in one or more issuances, on

or before July 1, 2020, but the aggregate principal amount

issued in all such bond issuances combined must not exceed

$17,500,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on or after November 4, 2014.

The debt incurred on any bonds issued under this subsection

(p-100) (p-95) shall not be considered indebtedness for

purposes of any statutory debt limitation. Bonds issued under

this subsection (p-100) (p-95) must mature within not to exceed

25 years from their date, notwithstanding any other law,

including Section 19-3 of this Code, to the contrary.

(q) A school district must notify the State Board of

Education prior to issuing any form of long-term or short-term

debt that will result in outstanding debt that exceeds 75% of

the debt limit specified in this Section or any other provision

of law.

(Source: P.A. 97-333, eff. 8-12-11; 97-834, eff. 7-20-12;

97-1146, eff. 1-18-13; 98-617, eff. 1-7-14; 98-912, eff.

8-15-14; 98-916, eff. 8-15-14; revised 10-1-14.)

(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)

Sec. 24-12. Removal or dismissal of teachers in contractual

continued service.

(a) This subsection (a) applies only to honorable

dismissals and recalls in which the notice of dismissal is

provided on or before the end of the 2010-2011 school term. If

a teacher in contractual continued service is removed or

dismissed as a result of a decision of the board to decrease

the number of teachers employed by the board or to discontinue

some particular type of teaching service, written notice shall

be mailed to the teacher and also given the teacher either by

certified mail, return receipt requested or personal delivery

with receipt at least 60 days before the end of the school

term, together with a statement of honorable dismissal and the

reason therefor, and in all such cases the board shall first

remove or dismiss all teachers who have not entered upon

contractual continued service before removing or dismissing

any teacher who has entered upon contractual continued service

and who is legally qualified to hold a position currently held

by a teacher who has not entered upon contractual continued

service.

As between teachers who have entered upon contractual

continued service, the teacher or teachers with the shorter

length of continuing service with the district shall be

dismissed first unless an alternative method of determining the

sequence of dismissal is established in a collective bargaining

agreement or contract between the board and a professional

faculty members' organization and except that this provision

shall not impair the operation of any affirmative action

program in the district, regardless of whether it exists by

operation of law or is conducted on a voluntary basis by the

board. Any teacher dismissed as a result of such decrease or

discontinuance shall be paid all earned compensation on or

before the third business day following the last day of pupil

attendance in the regular school term.

If the board has any vacancies for the following school

term or within one calendar year from the beginning of the

following school term, the positions thereby becoming

available shall be tendered to the teachers so removed or

dismissed so far as they are legally qualified to hold such

positions; provided, however, that if the number of honorable

dismissal notices based on economic necessity exceeds 15% of

the number of full time equivalent positions filled by

certified employees (excluding principals and administrative

personnel) during the preceding school year, then if the board

has any vacancies for the following school term or within 2

calendar years from the beginning of the following school term,

the positions so becoming available shall be tendered to the

teachers who were so notified and removed or dismissed whenever

they are legally qualified to hold such positions. Each board

shall, in consultation with any exclusive employee

representatives, each year establish a list, categorized by

positions, showing the length of continuing service of each

teacher who is qualified to hold any such positions, unless an

alternative method of determining a sequence of dismissal is

established as provided for in this Section, in which case a

list shall be made in accordance with the alternative method.

Copies of the list shall be distributed to the exclusive

employee representative on or before February 1 of each year.

Whenever the number of honorable dismissal notices based upon

economic necessity exceeds 5, or 150% of the average number of

teachers honorably dismissed in the preceding 3 years,

whichever is more, then the board also shall hold a public

hearing on the question of the dismissals. Following the

hearing and board review the action to approve any such

reduction shall require a majority vote of the board members.

(b) This subsection (b) applies only to honorable

dismissals and recalls in which the notice of dismissal is

provided during the 2011-2012 school term or a subsequent

school term. If any teacher, whether or not in contractual

continued service, is removed or dismissed as a result of a

decision of a school board to decrease the number of teachers

employed by the board, a decision of a school board to

discontinue some particular type of teaching service, or a

reduction in the number of programs or positions in a special

education joint agreement, then written notice must be mailed

to the teacher and also given to the teacher either by

certified mail, return receipt requested, or personal delivery

with receipt at least 45 days before the end of the school

term, together with a statement of honorable dismissal and the

reason therefor, and in all such cases the sequence of

dismissal shall occur in accordance with this subsection (b);

except that this subsection (b) shall not impair the operation

of any affirmative action program in the school district,

regardless of whether it exists by operation of law or is

conducted on a voluntary basis by the board.

Each teacher must be categorized into one or more positions

for which the teacher is qualified to hold, based upon legal

qualifications and any other qualifications established in a

district or joint agreement job description, on or before the

May 10 prior to the school year during which the sequence of

dismissal is determined. Within each position and subject to

agreements made by the joint committee on honorable dismissals

that are authorized by subsection (c) of this Section, the

school district or joint agreement must establish 4 groupings

of teachers qualified to hold the position as follows:

(1) Grouping one shall consist of each teacher who is

not in contractual continued service and who (i) has not

received a performance evaluation rating, (ii) is employed

for one school term or less to replace a teacher on leave,

or (iii) is employed on a part-time basis. "Part-time

basis" for the purposes of this subsection (b) means a

teacher who is employed to teach less than a full-day,

teacher workload or less than 5 days of the normal student

attendance week, unless otherwise provided for in a

collective bargaining agreement between the district and

the exclusive representative of the district's teachers.

For the purposes of this Section, a teacher (A) who is

employed as a full-time teacher but who actually teaches or

is otherwise present and participating in the district's

educational program for less than a school term or (B) who,

in the immediately previous school term, was employed on a

full-time basis and actually taught or was otherwise

present and participated in the district's educational

program for 120 days or more is not considered employed on

a part-time basis.

(2) Grouping 2 shall consist of each teacher with a

Needs Improvement or Unsatisfactory performance evaluation

rating on either of the teacher's last 2 performance

evaluation ratings.

(3) Grouping 3 shall consist of each teacher with a

performance evaluation rating of at least Satisfactory or

Proficient on both of the teacher's last 2 performance

evaluation ratings, if 2 ratings are available, or on the

teacher's last performance evaluation rating, if only one

rating is available, unless the teacher qualifies for

placement into grouping 4.

(4) Grouping 4 shall consist of each teacher whose last

2 performance evaluation ratings are Excellent and each

teacher with 2 Excellent performance evaluation ratings

out of the teacher's last 3 performance evaluation ratings

with a third rating of Satisfactory or Proficient.

Among teachers qualified to hold a position, teachers must

be dismissed in the order of their groupings, with teachers in

grouping one dismissed first and teachers in grouping 4

dismissed last.

Within grouping one, the sequence of dismissal must be at

the discretion of the school district or joint agreement.

Within grouping 2, the sequence of dismissal must be based upon

average performance evaluation ratings, with the teacher or

teachers with the lowest average performance evaluation rating

dismissed first. A teacher's average performance evaluation

rating must be calculated using the average of the teacher's

last 2 performance evaluation ratings, if 2 ratings are

available, or the teacher's last performance evaluation

rating, if only one rating is available, using the following

numerical values: 4 for Excellent; 3 for Proficient or

Satisfactory; 2 for Needs Improvement; and 1 for

Unsatisfactory. As between or among teachers in grouping 2 with

the same average performance evaluation rating and within each

of groupings 3 and 4, the teacher or teachers with the shorter

length of continuing service with the school district or joint

agreement must be dismissed first unless an alternative method

of determining the sequence of dismissal is established in a

collective bargaining agreement or contract between the board

and a professional faculty members' organization.

Each board, including the governing board of a joint

agreement, shall, in consultation with any exclusive employee

representatives, each year establish a sequence of honorable

dismissal list categorized by positions and the groupings

defined in this subsection (b). Copies of the list showing each

teacher by name and categorized by positions and the groupings

defined in this subsection (b) must be distributed to the

exclusive bargaining representative at least 75 days before the

end of the school term, provided that the school district or

joint agreement may, with notice to any exclusive employee

representatives, move teachers from grouping one into another

grouping during the period of time from 75 days until 45 days

before the end of the school term. Each year, each board shall

also establish, in consultation with any exclusive employee

representatives, a list showing the length of continuing

service of each teacher who is qualified to hold any such

positions, unless an alternative method of determining a

sequence of dismissal is established as provided for in this

Section, in which case a list must be made in accordance with

the alternative method. Copies of the list must be distributed

to the exclusive employee representative at least 75 days

before the end of the school term.

Any teacher dismissed as a result of such decrease or

discontinuance must be paid all earned compensation on or

before the third business day following the last day of pupil

attendance in the regular school term.

If the board or joint agreement has any vacancies for the

following school term or within one calendar year from the

beginning of the following school term, the positions thereby

becoming available must be tendered to the teachers so removed

or dismissed who were in groupings 3 or 4 of the sequence of

dismissal and are qualified to hold the positions, based upon

legal qualifications and any other qualifications established

in a district or joint agreement job description, on or before

the May 10 prior to the date of the positions becoming

available, provided that if the number of honorable dismissal

notices based on economic necessity exceeds 15% of the number

of full-time equivalent positions filled by certified

employees (excluding principals and administrative personnel)

during the preceding school year, then the recall period is for

the following school term or within 2 calendar years from the

beginning of the following school term. If the board or joint

agreement has any vacancies within the period from the

beginning of the following school term through February 1 of

the following school term (unless a date later than February 1,

but no later than 6 months from the beginning of the following

school term, is established in a collective bargaining

agreement), the positions thereby becoming available must be

tendered to the teachers so removed or dismissed who were in

grouping 2 of the sequence of dismissal due to one "needs

improvement" rating on either of the teacher's last 2

performance evaluation ratings, provided that, if 2 ratings are

available, the other performance evaluation rating used for

grouping purposes is "satisfactory", "proficient", or

"excellent", and are qualified to hold the positions, based

upon legal qualifications and any other qualifications

established in a district or joint agreement job description,

on or before the May 10 prior to the date of the positions

becoming available. On and after the effective date of this

amendatory Act of the 98th General Assembly, the preceding

sentence shall apply to teachers removed or dismissed by

honorable dismissal, even if notice of honorable dismissal

occurred during the 2013-2014 school year. Among teachers

eligible for recall pursuant to the preceding sentence, the

order of recall must be in inverse order of dismissal, unless

an alternative order of recall is established in a collective

bargaining agreement or contract between the board and a

professional faculty members' organization. Whenever the

number of honorable dismissal notices based upon economic

necessity exceeds 5 notices or 150% of the average number of

teachers honorably dismissed in the preceding 3 years,

whichever is more, then the school board or governing board of

a joint agreement, as applicable, shall also hold a public

hearing on the question of the dismissals. Following the

hearing and board review, the action to approve any such

reduction shall require a majority vote of the board members.

For purposes of this subsection (b), subject to agreement

on an alternative definition reached by the joint committee

described in subsection (c) of this Section, a teacher's

performance evaluation rating means the overall performance

evaluation rating resulting from an annual or biennial

performance evaluation conducted pursuant to Article 24A of

this Code by the school district or joint agreement determining

the sequence of dismissal, not including any performance

evaluation conducted during or at the end of a remediation

period. No more than one evaluation rating each school term

shall be one of the evaluation ratings used for the purpose of

determining the sequence of dismissal. Except as otherwise

provided in this subsection for any performance evaluations

conducted during or at the end of a remediation period, if

multiple performance evaluations are conducted in a school

term, only the rating from the last evaluation conducted prior

to establishing the sequence of honorable dismissal list in

such school term shall be the one evaluation rating from that

school term used for the purpose of determining the sequence of

dismissal. Averaging ratings from multiple evaluations is not

permitted unless otherwise agreed to in a collective bargaining

agreement or contract between the board and a professional

faculty members' organization. The preceding 3 sentences are

not a legislative declaration that existing law does or does

not already require that only one performance evaluation each

school term shall be used for the purpose of determining the

sequence of dismissal. For performance evaluation ratings

determined prior to September 1, 2012, any school district or

joint agreement with a performance evaluation rating system

that does not use either of the rating category systems

specified in subsection (d) of Section 24A-5 of this Code for

all teachers must establish a basis for assigning each teacher

a rating that complies with subsection (d) of Section 24A-5 of

this Code for all of the performance evaluation ratings that

are to be used to determine the sequence of dismissal. A

teacher's grouping and ranking on a sequence of honorable

dismissal shall be deemed a part of the teacher's performance

evaluation, and that information shall be disclosed to the

exclusive bargaining representative as part of a sequence of

honorable dismissal list, notwithstanding any laws prohibiting

disclosure of such information. A performance evaluation

rating may be used to determine the sequence of dismissal,

notwithstanding the pendency of any grievance resolution or

arbitration procedures relating to the performance evaluation.

If a teacher has received at least one performance evaluation

rating conducted by the school district or joint agreement

determining the sequence of dismissal and a subsequent

performance evaluation is not conducted in any school year in

which such evaluation is required to be conducted under Section

24A-5 of this Code, the teacher's performance evaluation rating

for that school year for purposes of determining the sequence

of dismissal is deemed Proficient. If a performance evaluation

rating is nullified as the result of an arbitration,

administrative agency, or court determination, then the school

district or joint agreement is deemed to have conducted a

performance evaluation for that school year, but the

performance evaluation rating may not be used in determining

the sequence of dismissal.

Nothing in this subsection (b) shall be construed as

limiting the right of a school board or governing board of a

joint agreement to dismiss a teacher not in contractual

continued service in accordance with Section 24-11 of this

Code.

Any provisions regarding the sequence of honorable

dismissals and recall of honorably dismissed teachers in a

collective bargaining agreement entered into on or before

January 1, 2011 and in effect on the effective date of this

amendatory Act of the 97th General Assembly that may conflict

with this amendatory Act of the 97th General Assembly shall

remain in effect through the expiration of such agreement or

June 30, 2013, whichever is earlier.

(c) Each school district and special education joint

agreement must use a joint committee composed of equal

representation selected by the school board and its teachers

or, if applicable, the exclusive bargaining representative of

its teachers, to address the matters described in paragraphs

(1) through (5) of this subsection (c) pertaining to honorable

dismissals under subsection (b) of this Section.

(1) The joint committee must consider and may agree to

criteria for excluding from grouping 2 and placing into

grouping 3 a teacher whose last 2 performance evaluations

include a Needs Improvement and either a Proficient or

Excellent.

(2) The joint committee must consider and may agree to

an alternative definition for grouping 4, which definition

must take into account prior performance evaluation

ratings and may take into account other factors that relate

to the school district's or program's educational

objectives. An alternative definition for grouping 4 may

not permit the inclusion of a teacher in the grouping with

a Needs Improvement or Unsatisfactory performance

evaluation rating on either of the teacher's last 2

performance evaluation ratings.

(3) The joint committee may agree to including within

the definition of a performance evaluation rating a

performance evaluation rating administered by a school

district or joint agreement other than the school district

or joint agreement determining the sequence of dismissal.

(4) For each school district or joint agreement that

administers performance evaluation ratings that are

inconsistent with either of the rating category systems

specified in subsection (d) of Section 24A-5 of this Code,

the school district or joint agreement must consult with

the joint committee on the basis for assigning a rating

that complies with subsection (d) of Section 24A-5 of this

Code to each performance evaluation rating that will be

used in a sequence of dismissal.

(5) Upon request by a joint committee member submitted

to the employing board by no later than 10 days after the

distribution of the sequence of honorable dismissal list, a

representative of the employing board shall, within 5 days

after the request, provide to members of the joint

committee a list showing the most recent and prior

performance evaluation ratings of each teacher identified

only by length of continuing service in the district or

joint agreement and not by name. If, after review of this

list, a member of the joint committee has a good faith

belief that a disproportionate number of teachers with

greater length of continuing service with the district or

joint agreement have received a recent performance

evaluation rating lower than the prior rating, the member

may request that the joint committee review the list to

assess whether such a trend may exist. Following the joint

committee's review, but by no later than the end of the

applicable school term, the joint committee or any member

or members of the joint committee may submit a report of

the review to the employing board and exclusive bargaining

representative, if any. Nothing in this paragraph (5) shall

impact the order of honorable dismissal or a school

district's or joint agreement's authority to carry out a

dismissal in accordance with subsection (b) of this

Section.

Agreement by the joint committee as to a matter requires

the majority vote of all committee members, and if the joint

committee does not reach agreement on a matter, then the

otherwise applicable requirements of subsection (b) of this

Section shall apply. Except as explicitly set forth in this

subsection (c), a joint committee has no authority to agree to

any further modifications to the requirements for honorable

dismissals set forth in subsection (b) of this Section. The

joint committee must be established, and the first meeting of

the joint committee each school year must occur on or before

December 1.

The joint committee must reach agreement on a matter on or

before February 1 of a school year in order for the agreement

of the joint committee to apply to the sequence of dismissal

determined during that school year. Subject to the February 1

deadline for agreements, the agreement of a joint committee on

a matter shall apply to the sequence of dismissal until the

agreement is amended or terminated by the joint committee.

(d) Notwithstanding anything to the contrary in this

subsection (d), the requirements and dismissal procedures of

Section 24-16.5 of this Code shall apply to any dismissal

sought under Section 24-16.5 of this Code.

(1) If a dismissal of a teacher in contractual

continued service is sought for any reason or cause other

than an honorable dismissal under subsections (a) or (b) of

this Section or a dismissal sought under Section 24-16.5 of

this Code, including those under Section 10-22.4, the board

must first approve a motion containing specific charges by

a majority vote of all its members. Written notice of such

charges, including a bill of particulars and the teacher's

right to request a hearing, must be mailed to the teacher

and also given to the teacher either by certified mail,

return receipt requested, or personal delivery with

receipt within 5 days of the adoption of the motion. Any

written notice sent on or after July 1, 2012 shall inform

the teacher of the right to request a hearing before a

mutually selected hearing officer, with the cost of the

hearing officer split equally between the teacher and the

board, or a hearing before a board-selected hearing

officer, with the cost of the hearing officer paid by the

board.

Before setting a hearing on charges stemming from

causes that are considered remediable, a board must give

the teacher reasonable warning in writing, stating

specifically the causes that, if not removed, may result in

charges; however, no such written warning is required if

the causes have been the subject of a remediation plan

pursuant to Article 24A of this Code.

If, in the opinion of the board, the interests of the

school require it, the board may suspend the teacher

without pay, pending the hearing, but if the board's

dismissal or removal is not sustained, the teacher shall

not suffer the loss of any salary or benefits by reason of

the suspension.

(2) No hearing upon the charges is required unless the

teacher within 17 days after receiving notice requests in

writing of the board that a hearing be scheduled before a

mutually selected hearing officer or a hearing officer

selected by the board. The secretary of the school board

shall forward a copy of the notice to the State Board of

Education.

(3) Within 5 business days after receiving a notice of

hearing in which either notice to the teacher was sent

before July 1, 2012 or, if the notice was sent on or after

July 1, 2012, the teacher has requested a hearing before a

mutually selected hearing officer, the State Board of

Education shall provide a list of 5 prospective, impartial

hearing officers from the master list of qualified,

impartial hearing officers maintained by the State Board of

Education. Each person on the master list must (i) be

accredited by a national arbitration organization and have

had a minimum of 5 years of experience directly related to

labor and employment relations matters between employers

and employees or their exclusive bargaining

representatives and (ii) beginning September 1, 2012, have

participated in training provided or approved by the State

Board of Education for teacher dismissal hearing officers

so that he or she is familiar with issues generally

involved in evaluative and non-evaluative dismissals.

If notice to the teacher was sent before July 1, 2012

or, if the notice was sent on or after July 1, 2012, the

teacher has requested a hearing before a mutually selected

hearing officer, the board and the teacher or their legal

representatives within 3 business days shall alternately

strike one name from the list provided by the State Board

of Education until only one name remains. Unless waived by

the teacher, the teacher shall have the right to proceed

first with the striking. Within 3 business days of receipt

of the list provided by the State Board of Education, the

board and the teacher or their legal representatives shall

each have the right to reject all prospective hearing

officers named on the list and notify the State Board of

Education of such rejection. Within 3 business days after

receiving this notification, the State Board of Education

shall appoint a qualified person from the master list who

did not appear on the list sent to the parties to serve as

the hearing officer, unless the parties notify it that they

have chosen to alternatively select a hearing officer under

paragraph (4) of this subsection (d).

If the teacher has requested a hearing before a hearing

officer selected by the board, the board shall select one

name from the master list of qualified impartial hearing

officers maintained by the State Board of Education within

3 business days after receipt and shall notify the State

Board of Education of its selection.

A hearing officer mutually selected by the parties,

selected by the board, or selected through an alternative

selection process under paragraph (4) of this subsection

(d) (A) must not be a resident of the school district, (B)

must be available to commence the hearing within 75 days

and conclude the hearing within 120 days after being

selected as the hearing officer, and (C) must issue a

decision as to whether the teacher must be dismissed and

give a copy of that decision to both the teacher and the

board within 30 days from the conclusion of the hearing or

closure of the record, whichever is later.

(4) In the alternative to selecting a hearing officer

from the list received from the State Board of Education or

accepting the appointment of a hearing officer by the State

Board of Education or if the State Board of Education

cannot provide a list or appoint a hearing officer that

meets the foregoing requirements, the board and the teacher

or their legal representatives may mutually agree to select

an impartial hearing officer who is not on the master list

either by direct appointment by the parties or by using

procedures for the appointment of an arbitrator

established by the Federal Mediation and Conciliation

Service or the American Arbitration Association. The

parties shall notify the State Board of Education of their

intent to select a hearing officer using an alternative

procedure within 3 business days of receipt of a list of

prospective hearing officers provided by the State Board of

Education, notice of appointment of a hearing officer by

the State Board of Education, or receipt of notice from the

State Board of Education that it cannot provide a list that

meets the foregoing requirements, whichever is later.

(5) If the notice of dismissal was sent to the teacher

before July 1, 2012, the fees and costs for the hearing

officer must be paid by the State Board of Education. If

the notice of dismissal was sent to the teacher on or after

July 1, 2012, the hearing officer's fees and costs must be

paid as follows in this paragraph (5). The fees and

permissible costs for the hearing officer must be

determined by the State Board of Education. If the board

and the teacher or their legal representatives mutually

agree to select an impartial hearing officer who is not on

a list received from the State Board of Education, they may

agree to supplement the fees determined by the State Board

to the hearing officer, at a rate consistent with the

hearing officer's published professional fees. If the

hearing officer is mutually selected by the parties, then

the board and the teacher or their legal representatives

shall each pay 50% of the fees and costs and any

supplemental allowance to which they agree. If the hearing

officer is selected by the board, then the board shall pay

100% of the hearing officer's fees and costs. The fees and

costs must be paid to the hearing officer within 14 days

after the board and the teacher or their legal

representatives receive the hearing officer's decision set

forth in paragraph (7) of this subsection (d).

(6) The teacher is required to answer the bill of

particulars and aver affirmative matters in his or her

defense, and the time for initially doing so and the time

for updating such answer and defenses after pre-hearing

discovery must be set by the hearing officer. The State

Board of Education shall promulgate rules so that each

party has a fair opportunity to present its case and to

ensure that the dismissal process proceeds in a fair and

expeditious manner. These rules shall address, without

limitation, discovery and hearing scheduling conferences;

the teacher's initial answer and affirmative defenses to

the bill of particulars and the updating of that

information after pre-hearing discovery; provision for

written interrogatories and requests for production of

documents; the requirement that each party initially

disclose to the other party and then update the disclosure

no later than 10 calendar days prior to the commencement of

the hearing, the names and addresses of persons who may be

called as witnesses at the hearing, a summary of the facts

or opinions each witness will testify to, and all other

documents and materials, including information maintained

electronically, relevant to its own as well as the other

party's case (the hearing officer may exclude witnesses and

exhibits not identified and shared, except those offered in

rebuttal for which the party could not reasonably have

anticipated prior to the hearing); pre-hearing discovery

and preparation, including provision for written

interrogatories and requests for production of documents,

provided that discovery depositions are prohibited; the

conduct of the hearing; the right of each party to be

represented by counsel, the offer of evidence and witnesses

and the cross-examination of witnesses; the authority of

the hearing officer to issue subpoenas and subpoenas duces

tecum, provided that the hearing officer may limit the

number of witnesses to be subpoenaed on behalf of each

party to no more than 7; the length of post-hearing briefs;

and the form, length, and content of hearing officers'

decisions. The hearing officer shall hold a hearing and

render a final decision for dismissal pursuant to Article

24A of this Code or shall report to the school board

findings of fact and a recommendation as to whether or not

the teacher must be dismissed for conduct. The hearing

officer shall commence the hearing within 75 days and

conclude the hearing within 120 days after being selected

as the hearing officer, provided that the hearing officer

may modify these timelines upon the showing of good cause

or mutual agreement of the parties. Good cause for the

purpose of this subsection (d) shall mean the illness or

otherwise unavoidable emergency of the teacher, district

representative, their legal representatives, the hearing

officer, or an essential witness as indicated in each

party's pre-hearing submission. In a dismissal hearing

pursuant to Article 24A of this Code, the hearing officer

shall consider and give weight to all of the teacher's

evaluations written pursuant to Article 24A that are

relevant to the issues in the hearing.

Each party shall have no more than 3 days to present

its case, unless extended by the hearing officer to enable

a party to present adequate evidence and testimony,

including due to the other party's cross-examination of the

party's witnesses, for good cause or by mutual agreement of

the parties. The State Board of Education shall define in

rules the meaning of "day" for such purposes. All testimony

at the hearing shall be taken under oath administered by

the hearing officer. The hearing officer shall cause a

record of the proceedings to be kept and shall employ a

competent reporter to take stenographic or stenotype notes

of all the testimony. The costs of the reporter's

attendance and services at the hearing shall be paid by the

party or parties who are responsible for paying the fees

and costs of the hearing officer. Either party desiring a

transcript of the hearing shall pay for the cost thereof.

Any post-hearing briefs must be submitted by the parties by

no later than 21 days after a party's receipt of the

transcript of the hearing, unless extended by the hearing

officer for good cause or by mutual agreement of the

parties.

(7) The hearing officer shall, within 30 days from the

conclusion of the hearing or closure of the record,

whichever is later, make a decision as to whether or not

the teacher shall be dismissed pursuant to Article 24A of

this Code or report to the school board findings of fact

and a recommendation as to whether or not the teacher shall

be dismissed for cause and shall give a copy of the

decision or findings of fact and recommendation to both the

teacher and the school board. If a hearing officer fails

without good cause, specifically provided in writing to

both parties and the State Board of Education, to render a

decision or findings of fact and recommendation within 30

days after the hearing is concluded or the record is

closed, whichever is later, the parties may mutually agree

to select a hearing officer pursuant to the alternative

procedure, as provided in this Section, to rehear the

charges heard by the hearing officer who failed to render a

decision or findings of fact and recommendation or to

review the record and render a decision. If any hearing

officer fails without good cause, specifically provided in

writing to both parties and the State Board of Education,

to render a decision or findings of fact and recommendation

within 30 days after the hearing is concluded or the record

is closed, whichever is later, the hearing officer shall be

removed from the master list of hearing officers maintained

by the State Board of Education for not more than 24

months. The parties and the State Board of Education may

also take such other actions as it deems appropriate,

including recovering, reducing, or withholding any fees

paid or to be paid to the hearing officer. If any hearing

officer repeats such failure, he or she must be permanently

removed from the master list maintained by the State Board

of Education and may not be selected by parties through the

alternative selection process under this paragraph (7) or

paragraph (4) of this subsection (d). The board shall not

lose jurisdiction to discharge a teacher if the hearing

officer fails to render a decision or findings of fact and

recommendation within the time specified in this Section.

If the decision of the hearing officer for dismissal

pursuant to Article 24A of this Code or of the school board

for dismissal for cause is in favor of the teacher, then

the hearing officer or school board shall order

reinstatement to the same or substantially equivalent

position and shall determine the amount for which the

school board is liable, including, but not limited to, loss

of income and benefits.

(8) The school board, within 45 days after receipt of

the hearing officer's findings of fact and recommendation

as to whether (i) the conduct at issue occurred, (ii) the

conduct that did occur was remediable, and (iii) the

proposed dismissal should be sustained, shall issue a

written order as to whether the teacher must be retained or

dismissed for cause from its employ. The school board's

written order shall incorporate the hearing officer's

findings of fact, except that the school board may modify

or supplement the findings of fact if, in its opinion, the

findings of fact are against the manifest weight of the

evidence.

If the school board dismisses the teacher

notwithstanding the hearing officer's findings of fact and

recommendation, the school board shall make a conclusion in

its written order, giving its reasons therefor, and such

conclusion and reasons must be included in its written

order. The failure of the school board to strictly adhere

to the timelines contained in this Section shall not render

it without jurisdiction to dismiss the teacher. The school

board shall not lose jurisdiction to discharge the teacher

for cause if the hearing officer fails to render a

recommendation within the time specified in this Section.

The decision of the school board is final, unless reviewed

as provided in paragraph (9) of this subsection (d).

If the school board retains the teacher, the school

board shall enter a written order stating the amount of

back pay and lost benefits, less mitigation, to be paid to

the teacher, within 45 days after its retention order.

Should the teacher object to the amount of the back pay and

lost benefits or amount mitigated, the teacher shall give

written objections to the amount within 21 days. If the

parties fail to reach resolution within 7 days, the dispute

shall be referred to the hearing officer, who shall

consider the school board's written order and teacher's

written objection and determine the amount to which the

school board is liable. The costs of the hearing officer's

review and determination must be paid by the board.

(9) The decision of the hearing officer pursuant to

Article 24A of this Code or of the school board's decision

to dismiss for cause is final unless reviewed as provided

in Section 24-16 of this Act. If the school board's

decision to dismiss for cause is contrary to the hearing

officer's recommendation, the court on review shall give

consideration to the school board's decision and its

supplemental findings of fact, if applicable, and the

hearing officer's findings of fact and recommendation in

making its decision. In the event such review is

instituted, the school board shall be responsible for

preparing and filing the record of proceedings, and such

costs associated therewith must be divided equally between

the parties.

(10) If a decision of the hearing officer for dismissal

pursuant to Article 24A of this Code or of the school board

for dismissal for cause is adjudicated upon review or

appeal in favor of the teacher, then the trial court shall

order reinstatement and shall remand the matter to the

school board with direction for entry of an order setting

the amount of back pay, lost benefits, and costs, less

mitigation. The teacher may challenge the school board's

order setting the amount of back pay, lost benefits, and

costs, less mitigation, through an expedited arbitration

procedure, with the costs of the arbitrator borne by the

school board.

Any teacher who is reinstated by any hearing or

adjudication brought under this Section shall be assigned

by the board to a position substantially similar to the one

which that teacher held prior to that teacher's suspension

or dismissal.

(11) Subject to any later effective date referenced in

this Section for a specific aspect of the dismissal

process, the changes made by Public Act 97-8 this

amendatory Act of the 97th General Assembly shall apply to

dismissals instituted on or after September 1, 2011. Any

dismissal instituted prior to September 1, 2011 must be

carried out in accordance with the requirements of this

Section prior to amendment by Public Act 97-8 this

amendatory Act of 97th General Assembly.

(e) Nothing contained in this amendatory Act of the 98th

General Assembly repeals, supersedes, invalidates, or

nullifies final decisions in lawsuits pending on the effective

date of this amendatory Act of the 98th General Assembly in

Illinois courts involving the interpretation of Public Act

97-8.

(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14; 98-648,

eff. 7-1-14; revised 12-1-14.)

(105 ILCS 5/27-23.7)

Sec. 27-23.7. Bullying prevention.

(a) The General Assembly finds that a safe and civil school

environment is necessary for students to learn and achieve and

that bullying causes physical, psychological, and emotional

harm to students and interferes with students' ability to learn

and participate in school activities. The General Assembly

further finds that bullying has been linked to other forms of

antisocial behavior, such as vandalism, shoplifting, skipping

and dropping out of school, fighting, using drugs and alcohol,

sexual harassment, and sexual violence. Because of the negative

outcomes associated with bullying in schools, the General

Assembly finds that school districts, charter schools, and

non-public, non-sectarian elementary and secondary schools

should educate students, parents, and school district, charter

school, or non-public, non-sectarian elementary or secondary

school personnel about what behaviors constitute prohibited

bullying.

Bullying on the basis of actual or perceived race, color,

religion, sex, national origin, ancestry, age, marital status,

physical or mental disability, military status, sexual

orientation, gender-related identity or expression,

unfavorable discharge from military service, association with

a person or group with one or more of the aforementioned actual

or perceived characteristics, or any other distinguishing

characteristic is prohibited in all school districts, charter

schools, and non-public, non-sectarian elementary and

secondary schools. No student shall be subjected to bullying:

(1) during any school-sponsored education program or

activity;

(2) while in school, on school property, on school

buses or other school vehicles, at designated school bus

stops waiting for the school bus, or at school-sponsored or

school-sanctioned events or activities;

(3) through the transmission of information from a

school computer, a school computer network, or other

similar electronic school equipment; or

(4) through the transmission of information from a

computer that is accessed at a nonschool-related location,

activity, function, or program or from the use of

technology or an electronic device that is not owned,

leased, or used by a school district or school if the

bullying causes a substantial disruption to the

educational process or orderly operation of a school. This

item (4) applies only in cases in which a school

administrator or teacher receives a report that bullying

through this means has occurred and does not require a

district or school to staff or monitor any

nonschool-related activity, function, or program.

(a-5) Nothing in this Section is intended to infringe upon

any right to exercise free expression or the free exercise of

religion or religiously based views protected under the First

Amendment to the United States Constitution or under Section 3

of Article I of the Illinois Constitution.

(b) In this Section:

"Bullying" includes "cyber-bullying" and means any severe

or pervasive physical or verbal act or conduct, including

communications made in writing or electronically, directed

toward a student or students that has or can be reasonably

predicted to have the effect of one or more of the following:

(1) placing the student or students in reasonable fear

of harm to the student's or students' person or property;

(2) causing a substantially detrimental effect on the

student's or students' physical or mental health;

(3) substantially interfering with the student's or

students' academic performance; or

(4) substantially interfering with the student's or

students' ability to participate in or benefit from the

services, activities, or privileges provided by a school.

Bullying, as defined in this subsection (b), may take

various forms, including without limitation one or more of the

following: harassment, threats, intimidation, stalking,

physical violence, sexual harassment, sexual violence, theft,

public humiliation, destruction of property, or retaliation

for asserting or alleging an act of bullying. This list is

meant to be illustrative and non-exhaustive.

"Cyber-bullying" means bullying through the use of

technology or any electronic communication, including without

limitation any transfer of signs, signals, writing, images,

sounds, data, or intelligence of any nature transmitted in

whole or in part by a wire, radio, electromagnetic system,

photoelectronic system, or photooptical system, including

without limitation electronic mail, Internet communications,

instant messages, or facsimile communications.

"Cyber-bullying" includes the creation of a webpage or weblog

in which the creator assumes the identity of another person or

the knowing impersonation of another person as the author of

posted content or messages if the creation or impersonation

creates any of the effects enumerated in the definition of

bullying in this Section. "Cyber-bullying" also includes the

distribution by electronic means of a communication to more

than one person or the posting of material on an electronic

medium that may be accessed by one or more persons if the

distribution or posting creates any of the effects enumerated

in the definition of bullying in this Section.

"Policy on bullying" means a bullying prevention policy

that meets the following criteria:

(1) Includes the bullying definition provided in this

Section.

(2) Includes a statement that bullying is contrary to

State law and the policy of the school district, charter

school, or non-public, non-sectarian elementary or

secondary school and is consistent with subsection (a-5) of

this Section.

(3) Includes procedures for promptly reporting

bullying, including, but not limited to, identifying and

providing the school e-mail address (if applicable) and

school telephone number for the staff person or persons

responsible for receiving such reports and a procedure for

anonymous reporting; however, this shall not be construed

to permit formal disciplinary action solely on the basis of

an anonymous report.

(4) Consistent with federal and State laws and rules

governing student privacy rights, includes procedures for

promptly informing parents or guardians of all students

involved in the alleged incident of bullying and

discussing, as appropriate, the availability of social

work services, counseling, school psychological services,

other interventions, and restorative measures.

(5) Contains procedures for promptly investigating and

addressing reports of bullying, including the following:

(A) Making all reasonable efforts to complete the

investigation within 10 school days after the date the

report of the incident of bullying was received and

taking into consideration additional relevant

information received during the course of the

investigation about the reported incident of bullying.

(B) Involving appropriate school support personnel

and other staff persons with knowledge, experience,

and training on bullying prevention, as deemed

appropriate, in the investigation process.

(C) Notifying the principal or school

administrator or his or her designee of the report of

the incident of bullying as soon as possible after the

report is received.

(D) Consistent with federal and State laws and

rules governing student privacy rights, providing

parents and guardians of the students who are parties

to the investigation information about the

investigation and an opportunity to meet with the

principal or school administrator or his or her

designee to discuss the investigation, the findings of

the investigation, and the actions taken to address the

reported incident of bullying.

(6) Includes the interventions that can be taken to

address bullying, which may include, but are not limited

to, school social work services, restorative measures,

social-emotional skill building, counseling, school

psychological services, and community-based services.

(7) Includes a statement prohibiting reprisal or

retaliation against any person who reports an act of

bullying and the consequences and appropriate remedial

actions for a person who engages in reprisal or

retaliation.

(8) Includes consequences and appropriate remedial

actions for a person found to have falsely accused another

of bullying as a means of retaliation or as a means of

bullying.

(9) Is based on the engagement of a range of school

stakeholders, including students and parents or guardians.

(10) Is posted on the school district's, charter

school's, or non-public, non-sectarian elementary or

secondary school's existing Internet website and is

included in the student handbook, and, where applicable,

posted where other policies, rules, and standards of

conduct are currently posted in the school, and is

distributed annually to parents, guardians, students, and

school personnel, including new employees when hired.

(11) As part of the process of reviewing and

re-evaluating the policy under subsection (d) of this

Section, contains a policy evaluation process to assess the

outcomes and effectiveness of the policy that includes, but

is not limited to, factors such as the frequency of

victimization; student, staff, and family observations of

safety at a school; identification of areas of a school

where bullying occurs; the types of bullying utilized; and

bystander intervention or participation. The school

district, charter school, or non-public, non-sectarian

elementary or secondary school may use relevant data and

information it already collects for other purposes in the

policy evaluation. The information developed as a result of

the policy evaluation must be made available on the

Internet website of the school district, charter school, or

non-public, non-sectarian elementary or secondary school.

If an Internet website is not available, the information

must be provided to school administrators, school board

members, school personnel, parents, guardians, and

students.

(12) Is consistent with the policies of the school

board, charter school, or non-public, non-sectarian

elementary or secondary school.

"Restorative measures" means a continuum of school-based

alternatives to exclusionary discipline, such as suspensions

and expulsions, that: (i) are adapted to the particular needs

of the school and community, (ii) contribute to maintaining

school safety, (iii) protect the integrity of a positive and

productive learning climate, (iv) teach students the personal

and interpersonal skills they will need to be successful in

school and society, (v) serve to build and restore

relationships among students, families, schools, and

communities, and (vi) reduce the likelihood of future

disruption by balancing accountability with an understanding

of students' behavioral health needs in order to keep students

in school.

"School personnel" means persons employed by, on contract

with, or who volunteer in a school district, charter school

schools, or non-public, non-sectarian elementary or secondary

school, including without limitation school and school

district administrators, teachers, school guidance counselors,

school social workers, school counselors, school

psychologists, school nurses, cafeteria workers, custodians,

bus drivers, school resource officers, and security guards.

(c) (Blank).

(d) Each school district, charter school, and non-public,

non-sectarian elementary or secondary school shall create,

maintain, and implement a policy on bullying, which policy must

be filed with the State Board of Education. The policy or

implementing procedure shall include a process to investigate

whether a reported act of bullying is within the permissible

scope of the district's or school's jurisdiction and shall

require that the district or school provide the victim with

information regarding services that are available within the

district and community, such as counseling, support services,

and other programs. Every 2 years, each school district,

charter school, and non-public, non-sectarian elementary or

secondary school shall conduct a review and re-evaluation of

its policy and make any necessary and appropriate revisions.

The policy must be filed with the State Board of Education

after being updated. The State Board of Education shall monitor

and provide technical support for the implementation of

policies created under this subsection (d).

(e) This Section shall not be interpreted to prevent a

victim from seeking redress under any other available civil or

criminal law.

(Source: P.A. 98-669, eff. 6-26-14; 98-801, eff. 1-1-15;

revised 10-2-14.)

(105 ILCS 5/27A-4)

Sec. 27A-4. General provisions 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.

Beginning with student enrollment for the 2015-2016 school

year, any lottery required under this subsection (h) must be

administered and videotaped by the charter school. The

authorizer or its designee must be allowed to be present or

view the lottery in real time. The charter school must maintain

a videotaped record of the lottery, including a time/date

stamp. The charter school shall transmit copies of the

videotape and all records relating to the lottery to the

authorizer on or before September 1 of each year.

Subject to the requirements for priority applicant groups

set forth in paragraph (1) of this subsection (h), any lottery

required under this subsection (h) must be administered in a

way that provides each student an equal chance at admission. If

an authorizer makes a determination that a charter school's

lottery is in violation of this subsection (h), it may

administer the lottery directly. After a lottery, each student

randomly selected for admission to the charter school must be

notified. Charter schools may not create an admissions process

subsequent to a lottery that may operate as a barrier to

registration or enrollment.

Charter schools may undertake additional intake

activities, including without limitation student essays,

school-parent compacts, or open houses, but in no event may a

charter school require participation in these activities as a

condition of enrollment. A charter school must submit an

updated waitlist to the authorizer on a quarterly basis. A

waitlist must be submitted to the authorizer at the same time

as quarterly financial statements, if quarterly financial

statements are required by the authorizer.

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):

(1) 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; and

(2) any charter school located in a school district

that contains all or part of a federal military base may

set aside up to 33% of its current charter enrollment to

students with parents assigned to the federal military

base, with the remaining 67% subject to the general

enrollment and lottery requirements of subsection (d) of

this Section and this subsection (h); if a student with a

parent assigned to the federal military base withdraws from

the charter school during the course of a school year for

reasons other than grade promotion, those students with

parents assigned to the federal military base shall have

preference in filling the vacancy.

(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 assessments required under Section 2-3.64a-5

of this Code.

"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.

(l) For advertisements created after January 1, 2015 (the

effective date of Public Act 98-783) this amendatory Act of the

98th General Assembly, any advertisement, including a radio,

television, print, Internet, social media, or billboard

advertisement, purchased by a school district or public school,

including a charter school, with public funds must include a

disclaimer stating that the advertisement was paid for using

public funds.

This disclaimer requirement does not extend to materials

created by the charter school, including, but not limited to, a

school website, informational pamphlets or leaflets, or

clothing with affixed school logos.

(Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11;

97-813, eff. 7-13-12; 98-474, eff. 8-16-13; 98-783, eff.

1-1-15; 98-972, eff. 8-15-14; revised 10-1-14.)

(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 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.

(b-5) In this subsection (b-5), "virtual-schooling" means

a cyber school where students engage in online curriculum and

instruction via the Internet and electronic communication with

their teachers at remote locations and with students

participating at different times.

From April 1, 2013 through December 31, 2016, there is a

moratorium on the establishment of charter schools with

virtual-schooling components in school districts other than a

school district organized under Article 34 of this Code. This

moratorium does not apply to a charter school with

virtual-schooling components existing or approved prior to

April 1, 2013 or to the renewal of the charter of a charter

school with virtual-schooling components already approved

prior to April 1, 2013.

On or before March 1, 2014, the Commission shall submit to

the General Assembly a report on the effect of

virtual-schooling, including without limitation the effect on

student performance, the costs associated with

virtual-schooling, and issues with oversight. The report shall

include policy recommendations for virtual-schooling.

(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. To ensure financial accountability for the use of

public funds, on or before December 1 of every year of

operation, each charter school shall submit to its authorizer

and 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. In addition, if deemed necessary for

proper financial oversight of the charter school, an authorizer

may require quarterly financial statements from each charter

school.

(g) A charter school shall comply with all provisions of

this Article; the Illinois Educational Labor Relations Act; all

federal and State laws and rules applicable to public schools

that pertain to special education and the instruction of

English language learners, referred to in this Code as

"children of limited English-speaking ability"; and its

charter. A charter school is exempt from all other State laws

and regulations in this Code governing public schools and local

school board policies, except the following:

(1) Sections 10-21.9 and 34-18.5 of this 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 this 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 this Code regarding school report

cards;

(8) the P-20 Longitudinal Education Data System Act;

and

(9) Section 27-23.7 of this Code regarding bullying

prevention; and .

(10) (9) Section 2-3.162 2-3.160 of this the School

Code regarding student discipline reporting.

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. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;

97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;

98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.

1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised

10-14-14.)

(105 ILCS 5/27A-6)

Sec. 27A-6. Contract contents; applicability of laws and

regulations.

(a) A certified charter shall constitute a binding contract

and agreement between the charter school and a local school

board under the terms of which the local school board

authorizes the governing body of the charter school to operate

the charter school on the terms specified in the contract.

(b) Notwithstanding any other provision of this Article,

the certified charter may not waive or release the charter

school from the State goals, standards, and assessments

established pursuant to Section 2-3.64a-5 of this Code.

Beginning with the 2003-2004 school year, the certified charter

for a charter school operating in a city having a population

exceeding 500,000 shall require the charter school to

administer any other nationally recognized standardized tests

to its students that the chartering entity administers to other

students, and the results on such tests shall be included in

the chartering entity's assessment reports.

(c) Subject to the provisions of subsection (e), a material

revision to a previously certified contract or a renewal shall

be made with the approval of both the local school board and

the governing body of the charter school.

(c-5) The proposed contract shall include a provision on

how both parties will address minor violations of the contract.

(d) The proposed contract between the governing body of a

proposed charter school and the local school board as described

in Section 27A-7 must be submitted to and certified by the

State Board before it can take effect. If the State Board

recommends that the proposed contract be modified for

consistency with this Article before it can be certified, the

modifications must be consented to by both the governing body

of the charter school and the local school board, and

resubmitted to the State Board for its certification. If the

proposed contract is resubmitted in a form that is not

consistent with this Article, the State Board may refuse to

certify the charter.

The State Board shall assign a number to each submission or

resubmission in chronological order of receipt, and shall

determine whether the proposed contract is consistent with the

provisions of this Article. If the proposed contract complies,

the State Board shall so certify.

(e) No renewal of a previously certified contract is

effective unless and until the State Board certifies that the

renewal is consistent with the provisions of this Article. A

material revision to a previously certified contract may go

into effect immediately upon approval of both the local school

board and the governing body of the charter school, unless

either party requests in writing that the State Board certify

that the material revision is consistent with the provisions of

this Article. If such a request is made, the proposed material

revision is not effective unless and until the State Board so

certifies.

(Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14;

revised 10-1-14.)

(105 ILCS 5/27A-7)

Sec. 27A-7. Charter submission.

(a) A proposal to establish a charter school shall be

submitted to the local school board and the State Board for

certification under Section 27A-6 of this Code in the form of a

proposed contract entered into between the local school board

and the governing body of a proposed charter school. The

charter school proposal shall include:

(1) The name of the proposed charter school, which must

include the words "Charter School".

(2) The age or grade range, areas of focus, minimum and

maximum numbers of pupils to be enrolled in the charter

school, and any other admission criteria that would be

legal if used by a school district.

(3) A description of and address for the physical plant

in which the charter school will be located; provided that

nothing in the Article shall be deemed to justify delaying

or withholding favorable action on or approval of a charter

school proposal because the building or buildings in which

the charter school is to be located have not been acquired

or rented at the time a charter school proposal is

submitted or approved or a charter school contract is

entered into or submitted for certification or certified,

so long as the proposal or submission identifies and names

at least 2 sites that are potentially available as a

charter school facility by the time the charter school is

to open.

(4) The mission statement of the charter school, which

must be consistent with the General Assembly's declared

purposes; provided that nothing in this Article shall be

construed to require that, in order to receive favorable

consideration and approval, a charter school proposal

demonstrate unequivocally that the charter school will be

able to meet each of those declared purposes, it being the

intention of the Charter Schools Law that those purposes be

recognized as goals that charter schools must aspire to

attain.

(5) The goals, objectives, and pupil performance

standards to be achieved by the charter school.

(6) In the case of a proposal to establish a charter

school by converting an existing public school or

attendance center to charter school status, evidence that

the proposed formation of the charter school has received

the approval of certified teachers, parents and guardians,

and, if applicable, a local school council as provided in

subsection (b) of Section 27A-8.

(7) A description of the charter school's educational

program, pupil performance standards, curriculum, school

year, school days, and hours of operation.

(8) A description of the charter school's plan for

evaluating pupil performance, the types of assessments

that will be used to measure pupil progress towards

achievement of the school's pupil performance standards,

the timeline for achievement of those standards, and the

procedures for taking corrective action in the event that

pupil performance at the charter school falls below those

standards.

(9) Evidence that the terms of the charter as proposed

are economically sound for both the charter school and the

school district, a proposed budget for the term of the

charter, a description of the manner in which an annual

audit of the financial and administrative operations of the

charter school, including any services provided by the

school district, are to be conducted, and a plan for the

displacement of pupils, teachers, and other employees who

will not attend or be employed in the charter school.

(10) A description of the governance and operation of

the charter school, including the nature and extent of

parental, professional educator, and community involvement

in the governance and operation of the charter school.

(11) An explanation of the relationship that will exist

between the charter school and its employees, including

evidence that the terms and conditions of employment have

been addressed with affected employees and their

recognized representative, if any. However, a bargaining

unit of charter school employees shall be separate and

distinct from any bargaining units formed from employees of

a school district in which the charter school is located.

(12) An agreement between the parties regarding their

respective legal liability and applicable insurance

coverage.

(13) A description of how the charter school plans to

meet the transportation needs of its pupils, and a plan for

addressing the transportation needs of low-income and

at-risk pupils.

(14) The proposed effective date and term of the

charter; provided that the first day of the first academic

year shall be no earlier than August 15 and no later than

September 15 of a calendar year, and the first day of the

fiscal year shall be July 1.

(15) Any other information reasonably required by the

State Board of Education.

(b) A proposal to establish a charter school may be

initiated by individuals or organizations that will have

majority representation on the board of directors or other

governing body of the corporation or other discrete legal

entity that is to be established to operate the proposed

charter school, by a board of education or an intergovernmental

agreement between or among boards of education, or by the board

of directors or other governing body of a discrete legal entity

already existing or established to operate the proposed charter

school. The individuals or organizations referred to in this

subsection may be school teachers, school administrators,

local school councils, colleges or universities or their

faculty members, public community colleges or their

instructors or other representatives, corporations, or other

entities or their representatives. The proposal shall be

submitted to the local school board for consideration and, if

appropriate, for development of a proposed contract to be

submitted to the State Board for certification under Section

27A-6.

(c) The local school board may not without the consent of

the governing body of the charter school condition its approval

of a charter school proposal on acceptance of an agreement to

operate under State laws and regulations and local school board

policies from which the charter school is otherwise exempted

under this Article.

(Source: P.A. 98-739, eff. 7-16-14; 98-1048, eff. 8-25-14;

revised 10-1-14.)

(105 ILCS 5/27A-11)

Sec. 27A-11. Local financing.

(a) For purposes of the School Code, pupils enrolled in a

charter school shall be included in the pupil enrollment of the

school district within which the pupil resides. Each charter

school (i) shall determine the school district in which each

pupil who is enrolled in the charter school resides, (ii) shall

report the aggregate number of pupils resident of a school

district who are enrolled in the charter school to the school

district in which those pupils reside, and (iii) shall maintain

accurate records of daily attendance that shall be deemed

sufficient to file claims under Section 18-8 notwithstanding

any other requirements of that Section regarding hours of

instruction and teacher certification.

(b) Except for a charter school established by referendum

under Section 27A-6.5, as part of a charter school contract,

the charter school and the local school board shall agree on

funding and any services to be provided by the school district

to the charter school. Agreed funding that a charter school is

to receive from the local school board for a school year shall

be paid in equal quarterly installments with the payment of the

installment for the first quarter being made not later than

July 1, unless the charter establishes a different payment

schedule. However, if a charter school dismisses a pupil from

the charter school after receiving a quarterly payment, the

charter school shall return to the school district, on a

quarterly basis, the prorated portion of public funding

provided for the education of that pupil for the time the

student is not enrolled at the charter school. Likewise, if a

pupil transfers to a charter school between quarterly payments,

the school district shall provide, on a quarterly basis, a

prorated portion of the public funding to the charter school to

provide for the education of that pupil.

All services centrally or otherwise provided by the school

district including, but not limited to, rent, food services,

custodial services, maintenance, curriculum, media services,

libraries, transportation, and warehousing shall be subject to

negotiation between a charter school and the local school board

and paid for out of the revenues negotiated pursuant to this

subsection (b); provided that the local school board shall not

attempt, by negotiation or otherwise, to obligate a charter

school to provide pupil transportation for pupils for whom a

district is not required to provide transportation under the

criteria set forth in subsection (a)(13) of Section 27A-7.

In no event shall the funding be less than 75% or more than

125% of the school district's per capita student tuition

multiplied by the number of students residing in the district

who are enrolled in the charter school.

It is the intent of the General Assembly that funding and

service agreements under this subsection (b) shall be neither a

financial incentive nor a financial disincentive to the

establishment of a charter school.

The charter school may set and collect reasonable fees.

Fees collected from students enrolled at a charter school shall

be retained by the charter school.

(c) Notwithstanding subsection (b) of this Section, the

proportionate share of State and federal resources generated by

students with disabilities or staff serving them shall be

directed to charter schools enrolling those students by their

school districts or administrative units. The proportionate

share of moneys generated under other federal or State

categorical aid programs shall be directed to charter schools

serving students eligible for that aid.

(d) The governing body of a charter school is authorized to

accept gifts, donations, or grants of any kind made to the

charter school and to expend or use gifts, donations, or grants

in accordance with the conditions prescribed by the donor;

however, a gift, donation, or grant may not be accepted by the

governing body if it is subject to any condition contrary to

applicable law or contrary to the terms of the contract between

the charter school and the local school board. Charter schools

shall be encouraged to solicit and utilize community volunteer

speakers and other instructional resources when providing

instruction on the Holocaust and other historical events.

(e) (Blank).

(f) The Commission shall provide technical assistance to

persons and groups preparing or revising charter applications.

(g) At the non-renewal or revocation of its charter, each

charter school shall refund to the local board of education all

unspent funds.

(h) A charter school is authorized to incur temporary,

short term debt to pay operating expenses in anticipation of

receipt of funds from the local school board.

(Source: P.A. 98-640, eff. 6-9-14; 98-739, eff. 7-16-14;

revised 10-1-14.)

(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)

Sec. 30-14.2. MIA/POW scholarships.

(a) Any spouse, natural child, legally adopted child, or

any step-child of an eligible veteran or serviceperson who

possesses all necessary entrance requirements shall, upon

application and proper proof, be awarded a MIA/POW Scholarship

consisting of the equivalent of 4 calendar years of full-time

enrollment including summer terms, to the state supported

Illinois institution of higher learning of his choice, subject

to the restrictions listed below.

"Eligible veteran or serviceperson" means any veteran or

serviceperson, including an Illinois National Guard member who

is on active duty or is active on a training assignment, who

has been declared by the U.S. Department of Defense or the U.S.

Department of Veterans' Affairs to be a prisoner of war, be

missing in action, have died as the result of a

service-connected disability or be permanently disabled from

service-connected causes with 100% disability and who (i) at

the time of entering service was an Illinois resident, (ii) was

an Illinois resident within 6 months after entering such

service, or (iii) until July 1, 2014, became an Illinois

resident within 6 months after leaving the service and can

establish at least 30 years of continuous residency in the

State of Illinois.

Full-time enrollment means 12 or more semester hours of

courses per semester, or 12 or more quarter hours of courses

per quarter, or the equivalent thereof per term. Scholarships

utilized by dependents enrolled in less than full-time study

shall be computed in the proportion which the number of hours

so carried bears to full-time enrollment.

Scholarships awarded under this Section may be used by a

spouse or child without regard to his or her age. The holder of

a Scholarship awarded under this Section shall be subject to

all examinations and academic standards, including the

maintenance of minimum grade levels, that are applicable

generally to other enrolled students at the Illinois

institution of higher learning where the Scholarship is being

used. If the surviving spouse remarries or if there is a

divorce between the veteran or serviceperson and his or her

spouse while the dependent is pursuing his or her course of

study, Scholarship benefits will be terminated at the end of

the term for which he or she is presently enrolled. Such

dependents shall also be entitled, upon proper proof and

application, to enroll in any extension course offered by a

State supported Illinois institution of higher learning

without payment of tuition and approved fees.

The holder of a MIA/POW Scholarship authorized under this

Section shall not be required to pay any matriculation or

application fees, tuition, activities fees, graduation fees or

other fees, except multipurpose building fees or similar fees

for supplies and materials.

Any dependent who has been or shall be awarded a MIA/POW

Scholarship shall be reimbursed by the appropriate institution

of higher learning for any fees which he or she has paid and

for which exemption is granted under this Section if

application for reimbursement is made within 2 months following

the end of the school term for which the fees were paid.

(b) In lieu of the benefit provided in subsection (a), any

spouse, natural child, legally adopted child, or step-child of

an eligible veteran or serviceperson, which spouse or child has

a physical, mental or developmental disability, shall be

entitled to receive, upon application and proper proof, a

benefit to be used for the purpose of defraying the cost of the

attendance or treatment of such spouse or child at one or more

appropriate therapeutic, rehabilitative or educational

facilities. The application and proof may be made by the parent

or legal guardian of the spouse or child on his or her behalf.

The total benefit provided to any beneficiary under this

subsection shall not exceed the cost equivalent of 4 calendar

years of full-time enrollment, including summer terms, at the

University of Illinois. Whenever practicable in the opinion of

the Department of Veterans' Affairs, payment of benefits under

this subsection shall be made directly to the facility, the

cost of attendance or treatment at which is being defrayed, as

such costs accrue.

(c) The benefits of this Section shall be administered by

and paid for out of funds made available to the Illinois

Department of Veterans' Affairs. The amounts that become due to

any state supported Illinois institution of higher learning

shall be payable by the Comptroller to such institution on

vouchers approved by the Illinois Department of Veterans'

Affairs. The amounts that become due under subsection (b) of

this Section shall be payable by warrant upon vouchers issued

by the Illinois Department of Veterans' Affairs and approved by

the Comptroller. The Illinois Department of Veterans' Affairs

shall determine the eligibility of the persons who make

application for the benefits provided for in this Section.

(Source: P.A. 96-1415, eff. 7-30-10; revised 12-1-14.)

(105 ILCS 5/34-85) (from Ch. 122, par. 34-85)

Sec. 34-85. Removal for cause; Notice and hearing;

Suspension.

(a) No teacher employed by the board of education shall

(after serving the probationary period specified in Section

34-84) be removed except for cause. Teachers (who have

completed the probationary period specified in Section 34-84 of

this Code) shall be removed for cause in accordance with the

procedures set forth in this Section or, at the board's option,

the procedures set forth in Section 24-16.5 of this Code or

such other procedures established in an agreement entered into

between the board and the exclusive representative of the

district's teachers under Section 34-85c of this Code for

teachers (who have completed the probationary period specified

in Section 34-84 of this Code) assigned to schools identified

in that agreement. No principal employed by the board of

education shall be removed during the term of his or her

performance contract except for cause, which may include but is

not limited to the principal's repeated failure to implement

the school improvement plan or to comply with the provisions of

the Uniform Performance Contract, including additional

criteria established by the Council for inclusion in the

performance contract pursuant to Section 34-2.3.

Before service of notice of charges on account of causes

that may be deemed to be remediable, the teacher or principal

must be given reasonable warning in writing, stating

specifically the causes that, if not removed, may result in

charges; however, no such written warning is required if the

causes have been the subject of a remediation plan pursuant to

Article 24A of this Code or if the board and the exclusive

representative of the district's teachers have entered into an

agreement pursuant to Section 34-85c of this Code, pursuant to

an alternative system of remediation. No written warning shall

be required for conduct on the part of a teacher or principal

that is cruel, immoral, negligent, or criminal or that in any

way causes psychological or physical harm or injury to a

student, as that conduct is deemed to be irremediable. No

written warning shall be required for a material breach of the

uniform principal performance contract, as that conduct is

deemed to be irremediable; provided that not less than 30 days

before the vote of the local school council to seek the

dismissal of a principal for a material breach of a uniform

principal performance contract, the local school council shall

specify the nature of the alleged breach in writing and provide

a copy of it to the principal.

(1) To initiate dismissal proceedings against a

teacher or principal, the general superintendent must

first approve written charges and specifications against

the teacher or principal. A local school council may direct

the general superintendent to approve written charges

against its principal on behalf of the Council upon the

vote of 7 members of the Council. The general

superintendent must approve those charges within 45

calendar days or provide a written reason for not approving

those charges. A written notice of those charges, including

specifications, shall be served upon the teacher or

principal within 10 business days of the approval of the

charges. Any written notice sent on or after July 1, 2012

shall also inform the teacher or principal of the right to

request a hearing before a mutually selected hearing

officer, with the cost of the hearing officer split equally

between the teacher or principal and the board, or a

hearing before a qualified hearing officer chosen by the

general superintendent, with the cost of the hearing

officer paid by the board. If the teacher or principal

cannot be found upon diligent inquiry, such charges may be

served upon him by mailing a copy thereof in a sealed

envelope by prepaid certified mail, return receipt

requested, to the teacher's or principal's last known

address. A return receipt showing delivery to such address

within 20 calendar days after the date of the approval of

the charges shall constitute proof of service.

(2) No hearing upon the charges is required unless the

teacher or principal within 17 calendar days after

receiving notice requests in writing of the general

superintendent that a hearing be scheduled. Pending the

hearing of the charges, the general superintendent or his

or her designee may suspend the teacher or principal

charged without pay in accordance with rules prescribed by

the board, provided that if the teacher or principal

charged is not dismissed based on the charges, he or she

must be made whole for lost earnings, less setoffs for

mitigation.

(3) The board shall maintain a list of at least 9

qualified hearing officers who will conduct hearings on

charges and specifications. The list must be developed in

good faith consultation with the exclusive representative

of the board's teachers and professional associations that

represent the board's principals. The list may be revised

on July 1st of each year or earlier as needed. To be a

qualified hearing officer, the person must (i) be

accredited by a national arbitration organization and have

had a minimum of 5 years of experience as an arbitrator in

cases involving labor and employment relations matters

between employers and employees or their exclusive

bargaining representatives and (ii) beginning September 1,

2012, have participated in training provided or approved by

the State Board of Education for teacher dismissal hearing

officers so that he or she is familiar with issues

generally involved in evaluative and non-evaluative

dismissals.

(3) Within 5 business days after receiving the notice

of request for a hearing, the general superintendent and

the teacher or principal or their legal representatives

shall alternately strike one name from the list until only

one name remains. Unless waived by the teacher, the teacher

or principal shall have the right to proceed first with the

striking. If the teacher or principal fails to participate

in the striking process, the general superintendent shall

either select the hearing officer from the list developed

pursuant to this paragraph (3) or select another qualified

hearing officer from the master list maintained by the

State Board of Education pursuant to subsection (c) of

Section 24-12 of this Code.

(4) If the notice of dismissal was sent to the teacher

or principal before July 1, 2012, the fees and costs for

the hearing officer shall be paid by the State Board of

Education. If the notice of dismissal was sent to the

teacher or principal on or after July 1, 2012, the hearing

officer's fees and costs must be paid as follows in this

paragraph (4). The fees and permissible costs for the

hearing officer shall be determined by the State Board of

Education. If the hearing officer is mutually selected by

the parties through alternate striking in accordance with

paragraph (3) of this subsection (a), then the board and

the teacher or their legal representative shall each pay

50% of the fees and costs and any supplemental allowance to

which they agree. If the hearing officer is selected by the

general superintendent without the participation of the

teacher or principal, then the board shall pay 100% of the

hearing officer fees and costs. The hearing officer shall

submit for payment a billing statement to the parties that

itemizes the charges and expenses and divides them in

accordance with this Section.

(5) The teacher or the principal charged is required to

answer the charges and specifications and aver affirmative

matters in his or her defense, and the time for doing so

must be set by the hearing officer. The State Board of

Education shall adopt rules so that each party has a fair

opportunity to present its case and to ensure that the

dismissal proceeding is concluded in an expeditious

manner. The rules shall address, without limitation, the

teacher or principal's answer and affirmative defenses to

the charges and specifications; a requirement that each

party make mandatory disclosures without request to the

other party and then update the disclosure no later than 10

calendar days prior to the commencement of the hearing,

including a list of the names and addresses of persons who

may be called as witnesses at the hearing, a summary of the

facts or opinions each witness will testify to, and all

other documents and materials, including information

maintained electronically, relevant to its own as well as

the other party's case (the hearing officer may exclude

witnesses and exhibits not identified and shared, except

those offered in rebuttal for which the party could not

reasonably have anticipated prior to the hearing);

pre-hearing discovery and preparation, including provision

for written interrogatories and requests for production of

documents, provided that discovery depositions are

prohibited; the conduct of the hearing; the right of each

party to be represented by counsel, the offer of evidence

and witnesses and the cross-examination of witnesses; the

authority of the hearing officer to issue subpoenas and

subpoenas duces tecum, provided that the hearing officer

may limit the number of witnesses to be subpoenaed in

behalf of each party to no more than 7; the length of

post-hearing briefs; and the form, length, and content of

hearing officers' reports and recommendations to the

general superintendent.

The hearing officer shall commence the hearing within

75 calendar days and conclude the hearing within 120

calendar days after being selected by the parties as the

hearing officer, provided that these timelines may be

modified upon the showing of good cause or mutual agreement

of the parties. Good cause for the purposes of this

paragraph (5) shall mean the illness or otherwise

unavoidable emergency of the teacher, district

representative, their legal representatives, the hearing

officer, or an essential witness as indicated in each

party's pre-hearing submission. In a dismissal hearing,

the hearing officer shall consider and give weight to all

of the teacher's evaluations written pursuant to Article

24A that are relevant to the issues in the hearing. The

teacher or principal has the privilege of being present at

the hearing with counsel and of cross-examining witnesses

and may offer evidence and witnesses and present defenses

to the charges. Each party shall have no more than 3 days

to present its case, unless extended by the hearing officer

to enable a party to present adequate evidence and

testimony, including due to the other party's

cross-examination of the party's witnesses, for good cause

or by mutual agreement of the parties. The State Board of

Education shall define in rules the meaning of "day" for

such purposes. All testimony at the hearing shall be taken

under oath administered by the hearing officer. The hearing

officer shall cause a record of the proceedings to be kept

and shall employ a competent reporter to take stenographic

or stenotype notes of all the testimony. The costs of the

reporter's attendance and services at the hearing shall be

paid by the party or parties who are paying the fees and

costs of the hearing officer. Either party desiring a

transcript of the hearing shall pay for the cost thereof.

At the close of the hearing, the hearing officer shall

direct the parties to submit post-hearing briefs no later

than 21 calendar days after receipt of the transcript.

Either or both parties may waive submission of briefs.

(6) The hearing officer shall within 30 calendar days

from the conclusion of the hearing report to the general

superintendent findings of fact and a recommendation as to

whether or not the teacher or principal shall be dismissed

and shall give a copy of the report to both the teacher or

principal and the general superintendent. The State Board

of Education shall provide by rule the form of the hearing

officer's report and recommendation.

(7) The board, within 45 days of receipt of the hearing

officer's findings of fact and recommendation, shall make a

decision as to whether the teacher or principal shall be

dismissed from its employ. The failure of the board to

strictly adhere to the timeliness contained herein shall

not render it without jurisdiction to dismiss the teacher

or principal. In the event that the board declines to

dismiss the teacher or principal after review of a hearing

officer's recommendation, the board shall set the amount of

back pay and benefits to award the teacher or principal,

which shall include offsets for interim earnings and

failure to mitigate losses. The board shall establish

procedures for the teacher's or principal's submission of

evidence to it regarding lost earnings, lost benefits,

mitigation, and offsets. The decision of the board is final

unless reviewed in accordance with paragraph (8) of this

subsection (a).

(8) The teacher may seek judicial review of the board's

decision in accordance with the Administrative Review Law,

which is specifically incorporated in this Section, except

that the review must be initiated in the Illinois Appellate

Court for the First District. In the event judicial review

is instituted, any costs of preparing and filing the record

of proceedings shall be paid by the party instituting the

review. In the event the appellate court reverses a board

decision to dismiss a teacher or principal and directs the

board to pay the teacher or the principal back pay and

benefits, the appellate court shall remand the matter to

the board to issue an administrative decision as to the

amount of back pay and benefits, which shall include a

calculation of the lost earnings, lost benefits,

mitigation, and offsets based on evidence submitted to the

board in accordance with procedures established by the

board.

(b) Nothing in this Section affects the validity of removal

for cause hearings commenced prior to June 13, 2011 (the

effective date of Public Act 97-8) this amendatory Act of the

97th General Assembly.

The changes made by Public Act 97-8 this amendatory Act of

the 97th General Assembly shall apply to dismissals instituted

on or after September 1, 2011 or the effective date of Public

Act 97-8 this amendatory Act of the 97th General Assembly,

whichever is later. Any dismissal instituted prior to the

effective date of these changes must be carried out in

accordance with the requirements of this Section prior to

amendment by Public Act 97-8 this amendatory Act of 97th

General Assembly.

(Source: P.A. 97-8, eff. 6-13-11; revised 12-1-14.)

Section 195. The Illinois School Student Records Act is

amended by changing Section 6 as follows:

(105 ILCS 10/6) (from Ch. 122, par. 50-6)

Sec. 6. (a) No school student records or information

contained therein may be released, transferred, disclosed or

otherwise disseminated, except as follows:

(1) to To a parent or student or person specifically

designated as a representative by a parent, as provided in

paragraph (a) of Section 5;

(2) to To an employee or official of the school or

school district or State Board with current demonstrable

educational or administrative interest in the student, in

furtherance of such interest;

(3) to To the official records custodian of another

school within Illinois or an official with similar

responsibilities of a school outside Illinois, in which the

student has enrolled, or intends to enroll, upon the

request of such official or student;

(4) to To any person for the purpose of research,

statistical reporting, or planning, provided that such

research, statistical reporting, or planning is

permissible under and undertaken in accordance with the

federal Family Educational Rights and Privacy Act (20

U.S.C. 1232g);

(5) pursuant Pursuant to a court order, provided that

the parent shall be given prompt written notice upon

receipt of such order of the terms of the order, the nature

and substance of the information proposed to be released in

compliance with such order and an opportunity to inspect

and copy the school student records and to challenge their

contents pursuant to Section 7;

(6) to To any person as specifically required by State

or federal law;

(6.5) to To juvenile authorities when necessary for the

discharge of their official duties who request information

prior to adjudication of the student and who certify in

writing that the information will not be disclosed to any

other party except as provided under law or order of court.

For purposes of this Section "juvenile authorities" means:

(i) a judge of the circuit court and members of the staff

of the court designated by the judge; (ii) parties to the

proceedings under the Juvenile Court Act of 1987 and their

attorneys; (iii) probation officers and court appointed

advocates for the juvenile authorized by the judge hearing

the case; (iv) any individual, public or private agency

having custody of the child pursuant to court order; (v)

any individual, public or private agency providing

education, medical or mental health service to the child

when the requested information is needed to determine the

appropriate service or treatment for the minor; (vi) any

potential placement provider when such release is

authorized by the court for the limited purpose of

determining the appropriateness of the potential

placement; (vii) law enforcement officers and prosecutors;

(viii) adult and juvenile prisoner review boards; (ix)

authorized military personnel; (x) individuals authorized

by court;

(7) subject Subject to regulations of the State Board,

in connection with an emergency, to appropriate persons if

the knowledge of such information is necessary to protect

the health or safety of the student or other persons;

(8) to To any person, with the prior specific dated

written consent of the parent designating the person to

whom the records may be released, provided that at the time

any such consent is requested or obtained, the parent shall

be advised in writing that he has the right to inspect and

copy such records in accordance with Section 5, to

challenge their contents in accordance with Section 7 and

to limit any such consent to designated records or

designated portions of the information contained therein;

(9) to To a governmental agency, or social service

agency contracted by a governmental agency, in furtherance

of an investigation of a student's school attendance

pursuant to the compulsory student attendance laws of this

State, provided that the records are released to the

employee or agent designated by the agency;

(10) to To those SHOCAP committee members who fall

within the meaning of "state and local officials and

authorities", as those terms are used within the meaning of

the federal Family Educational Rights and Privacy Act, for

the purposes of identifying serious habitual juvenile

offenders and matching those offenders with community

resources pursuant to Section 5-145 of the Juvenile Court

Act of 1987, but only to the extent that the release,

transfer, disclosure, or dissemination is consistent with

the Family Educational Rights and Privacy Act;

(11) to To the Department of Healthcare and Family

Services in furtherance of the requirements of Section

2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or

Section 10 of the School Breakfast and Lunch Program Act;

or

(12) to To the State Board or another State government

agency or between or among State government agencies in

order to evaluate or audit federal and State programs or

perform research and planning, but only to the extent that

the release, transfer, disclosure, or dissemination is

consistent with the federal Family Educational Rights and

Privacy Act (20 U.S.C. 1232g).

(b) No information may be released pursuant to subparagraph

subparagraphs (3) or (6) of paragraph (a) of this Section 6

unless the parent receives prior written notice of the nature

and substance of the information proposed to be released, and

an opportunity to inspect and copy such records in accordance

with Section 5 and to challenge their contents in accordance

with Section 7. Provided, however, that such notice shall be

sufficient if published in a local newspaper of general

circulation or other publication directed generally to the

parents involved where the proposed release of information is

pursuant to subparagraph (6) 6 of paragraph (a) of in this

Section 6 and relates to more than 25 students.

(c) A record of any release of information pursuant to this

Section must be made and kept as a part of the school student

record and subject to the access granted by Section 5. Such

record of release shall be maintained for the life of the

school student records and shall be available only to the

parent and the official records custodian. Each record of

release shall also include:

(1) the The nature and substance of the information

released;

(2) the The name and signature of the official records

custodian releasing such information;

(3) the The name of the person requesting such

information, the capacity in which such a request has been

made, and the purpose of such request;

(4) the The date of the release; and

(5) a A copy of any consent to such release.

(d) Except for the student and his parents, no person to

whom information is released pursuant to this Section and no

person specifically designated as a representative by a parent

may permit any other person to have access to such information

without a prior consent of the parent obtained in accordance

with the requirements of subparagraph (8) of paragraph (a) of

this Section.

(e) Nothing contained in this Act shall prohibit the

publication of student directories which list student names,

addresses and other identifying information and similar

publications which comply with regulations issued by the State

Board.

(Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09;

96-107, eff. 7-30-09; 96-1000, eff. 7-2-10; revised 11-26-14.)

Section 200. The Critical Health Problems and

Comprehensive Health Education Act is amended by changing

Section 2 as follows:

(105 ILCS 110/2) (from Ch. 122, par. 862)

Sec. 2. Definitions. The following term has terms shall

have the following meaning meanings respectively prescribed

for them, except as the context otherwise requires:

(a) "Comprehensive Health Education Program": a systematic

and extensive educational program designed to provide a variety

of learning experiences based upon scientific knowledge of the

human organism as it functions within its environment which

will favorably influence the knowledge, attitudes, values and

practices of Illinois school youth; and which will aid them in

making wise personal decisions in matters of health.

(Source: P.A. 77-1405; revised 11-26-14.)

Section 205. The School Safety Drill Act is amended by

changing Section 25 as follows:

(105 ILCS 128/25)

Sec. 25. Annual review.

(a) Each public school district, through its school board

or the board's designee, shall conduct a minimum of one annual

meeting at which it will review each school building's

emergency and crisis response plans, protocols, and procedures

and each building's compliance with the school safety drill

programs. The purpose of this annual review shall be to review

and update the emergency and crisis response plans, protocols,

and procedures and the school safety drill programs of the

district and each of its school buildings. This review must be

at no cost to the school district. In updating a school

building's emergency and crisis response plans, consideration

may be given to making the emergency and crisis response plans

available to first responders, administrators, and teachers

for implementation and utilization through the use of

electronic applications on electronic devices, including, but

not limited to, smartphones, tablets, and laptop computers.

(b) Each school board or the board's designee is required

to participate in the annual review and to invite each of the

following parties to the annual review and provide each party

with a minimum of 30 days' 30-days' notice before the date of

the annual review:

(1) The principal of each school within the school

district or his or her official designee.

(2) Representatives from any other education-related

organization or association deemed appropriate by the

school district.

(3) Representatives from all local first responder

organizations to participate, advise, and consult in the

review process, including, but not limited to:

(A) the appropriate local fire department or

district;

(B) the appropriate local law enforcement agency;

(C) the appropriate local emergency medical

services agency if the agency is a separate, local

first responder unit; and

(D) any other member of the first responder or

emergency management community that has contacted the

district superintendent or his or her designee during

the past year to request involvement in a school's

emergency planning or drill process.

(4) The school board or its designee may also choose to

invite to the annual review any other persons whom it

believes will aid in the review process, including, but not

limited to, any members of any other education-related

organization or the first responder or emergency

management community.

(c) Upon the conclusion of the annual review, the school

board or the board's designee shall sign a one page report,

which may be in either a check-off format or a narrative

format, that does the following:

(1) summarizes the review's recommended changes to the

existing school safety plans and drill plans;

(2) lists the parties that participated in the annual

review, and includes the annual review's attendance

record;

(3) certifies that an effective review of the emergency

and crisis response plans, protocols, and procedures and

the school safety drill programs of the district and each

of its school buildings has occurred;

(4) states that the school district will implement

those plans, protocols, procedures, and programs, during

the academic year; and

(5) includes the authorization of the school board or

the board's designee.

(d) The school board or its designee shall send a copy of

the report to each party that participates in the annual review

process and to the appropriate regional superintendent of

schools. If any of the participating parties have comments on

the certification document, those parties shall submit their

comments in writing to the appropriate regional

superintendent. The regional superintendent shall maintain a

record of these comments. The certification document may be in

a check-off format or narrative format, at the discretion of

the district superintendent.

(e) The review must occur at least once during the fiscal

year, at a specific time chosen at the school district

superintendent's discretion.

(f) A private school shall conduct a minimum of one annual

meeting at which the school must review each school building's

emergency and crisis response plans, protocols, and procedures

and each building's compliance with the school safety drill

programs of the school. The purpose of this annual review shall

be to review and update the emergency and crisis response

plans, protocols, and procedures and the school safety drill

programs of the school. This review must be at no cost to the

private school.

The private school shall invite representatives from all

local first responder organizations to participate, advise,

and consult in the review process, including, but not limited

to, the following:

(1) the appropriate local fire department or fire

protection district;

(2) the appropriate local law enforcement agency;

(3) the appropriate local emergency medical services

agency if the agency is a separate, local first responder

unit; and

(4) any other member of the first responder or

emergency management community that has contacted the

school's chief administrative officer or his or her

designee during the past year to request involvement in the

school's emergency planning or drill process.

(Source: P.A. 98-661, eff. 1-1-15; 98-663, eff. 6-23-14;

revised 7-15-14.)

Section 210. The Illinois Credit Union Act is amended by

changing Sections 46 and 57.1 as follows:

(205 ILCS 305/46) (from Ch. 17, par. 4447)

Sec. 46. Loans and interest rate.

(1) A credit union may make loans to its members for such

purpose and upon such security and terms, including rates of

interest, as the credit committee, credit manager, or loan

officer approves. Notwithstanding the provisions of any other

law in connection with extensions of credit, a credit union may

elect to contract for and receive interest and fees and other

charges for extensions of credit subject only to the provisions

of this Act and rules promulgated under this Act, except that

extensions of credit secured by residential real estate shall

be subject to the laws applicable thereto. The rates of

interest to be charged on loans to members shall be set by the

board of directors of each individual credit union in

accordance with Section 30 of this Act and such rates may be

less than, but may not exceed, the maximum rate set forth in

this Section. A borrower may repay his loan prior to maturity,

in whole or in part, without penalty. The credit contract may

provide for the payment by the member and receipt by the credit

union of all costs and disbursements, including reasonable

attorney's fees and collection agency charges, incurred by the

credit union to collect or enforce the debt in the event of a

delinquency by the member, or in the event of a breach of any

obligation of the member under the credit contract. A

contingency or hourly arrangement established under an

agreement entered into by a credit union with an attorney or

collection agency to collect a loan of a member in default

shall be presumed prima facie reasonable.

(2) Credit unions may make loans based upon the security of

any interest or equity in real estate, subject to rules and

regulations promulgated by the Secretary. In any contract or

loan which is secured by a mortgage, deed of trust, or

conveyance in the nature of a mortgage, on residential real

estate, the interest which is computed, calculated, charged, or

collected pursuant to such contract or loan, or pursuant to any

regulation or rule promulgated pursuant to this Act, may not be

computed, calculated, charged or collected for any period of

time occurring after the date on which the total indebtedness,

with the exception of late payment penalties, is paid in full.

For purposes of this subsection (2) of this Section 46, a

prepayment shall mean the payment of the total indebtedness,

with the exception of late payment penalties if incurred or

charged, on any date before the date specified in the contract

or loan agreement on which the total indebtedness shall be paid

in full, or before the date on which all payments, if timely

made, shall have been made. In the event of a prepayment of the

indebtedness which is made on a date after the date on which

interest on the indebtedness was last computed, calculated,

charged, or collected but before the next date on which

interest on the indebtedness was to be calculated, computed,

charged, or collected, the lender may calculate, charge and

collect interest on the indebtedness for the period which

elapsed between the date on which the prepayment is made and

the date on which interest on the indebtedness was last

computed, calculated, charged or collected at a rate equal to

1/360 of the annual rate for each day which so elapsed, which

rate shall be applied to the indebtedness outstanding as of the

date of prepayment. The lender shall refund to the borrower any

interest charged or collected which exceeds that which the

lender may charge or collect pursuant to the preceding

sentence. The provisions of this amendatory Act of 1985 shall

apply only to contracts or loans entered into on or after the

effective date of this amendatory Act.

(3) Notwithstanding any other provision of this Act, a

credit union authorized under this Act to make loans secured by

an interest or equity in real estate may engage in making

"reverse mortgage" loans to persons for the purpose of making

home improvements or repairs, paying insurance premiums or

paying real estate taxes on the homestead properties of such

persons. If made, such loans shall be made on such terms and

conditions as the credit union shall determine and as shall be

consistent with the provisions of this Section and such rules

and regulations as the Secretary shall promulgate hereunder.

For purposes of this Section, a "reverse mortgage" loan shall

be a loan extended on the basis of existing equity in homestead

property and secured by a mortgage on such property. Such loans

shall be repaid upon the sale of the property or upon the death

of the owner or, if the property is in joint tenancy, upon the

death of the last surviving joint tenant who had such an

interest in the property at the time the loan was initiated,

provided, however, that the credit union and its member may by

mutual agreement, establish other repayment terms. A credit

union, in making a "reverse mortgage" loan, may add deferred

interest to principal or otherwise provide for the charging of

interest or premiums on such deferred interest. "Homestead"

property, for purposes of this Section, means the domicile and

contiguous real estate owned and occupied by the mortgagor.

(4) Notwithstanding any other provisions of this Act, a

credit union authorized under this Act to make loans secured by

an interest or equity in real property may engage in making

revolving credit loans secured by mortgages or deeds of trust

on such real property or by security assignments of beneficial

interests in land trusts.

For purposes of this Section, "revolving credit" has the

meaning defined in Section 4.1 of the Interest Act.

Any mortgage or deed of trust given to secure a revolving

credit loan may, and when so expressed therein shall, secure

not only the existing indebtedness but also such future

advances, whether such advances are obligatory or to be made at

the option of the lender, or otherwise, as are made within

twenty years from the date thereof, to the same extent as if

such future advances were made on the date of the execution of

such mortgage or deed of trust, although there may be no

advance made at the time of execution of such mortgage or other

instrument, and although there may be no indebtedness

outstanding at the time any advance is made. The lien of such

mortgage or deed of trust, as to third persons without actual

notice thereof, shall be valid as to all such indebtedness and

future advances form the time said mortgage or deed of trust is

filed for record in the office of the recorder of deeds or the

registrar of titles of the county where the real property

described therein is located. The total amount of indebtedness

that may be so secured may increase or decrease from time to

time, but the total unpaid balance so secured at any one time

shall not exceed a maximum principal amount which must be

specified in such mortgage or deed of trust, plus interest

thereon, and any disbursements made for the payment of taxes,

special assessments, or insurance on said real property, with

interest on such disbursements.

Any such mortgage or deed of trust shall be valid and have

priority over all subsequent liens and encumbrances, including

statutory liens, except taxes and assessments levied on said

real property.

(4-5) For purposes of this Section, "real estate" and "real

property" include a manufactured home as defined in subdivision

(53) of Section 9-102 of the Uniform Commercial Code which is

real property as defined in Section 5-35 of the Conveyance and

Encumbrance of Manufactured Homes as Real Property and

Severance Act.

(5) Compliance with federal or Illinois preemptive laws or

regulations governing loans made by a credit union chartered

under this Act shall constitute compliance with this Act.

(6) Credit unions may make residential real estate mortgage

loans on terms and conditions established by the United States

Department of Agriculture through its Rural Development

Housing and Community Facilities Program. The portion of any

loan in excess of the appraised value of the real estate shall

be allocable only to the guarantee fee required under the

program.

(7) For a renewal, refinancing, or restructuring of an

existing loan that is secured by an interest or equity in real

estate, a new appraisal of the collateral shall not be required

when the transaction involves an existing extension of credit

at the credit union, no new moneys are advanced other than

funds necessary to cover reasonable closing costs, and there

has been no obvious or material change in market conditions or

physical aspects of the real estate that threatens the adequacy

of the credit union's real estate collateral protection after

the transaction.

(Source: P.A. 97-133, eff. 1-1-12; 98-749, eff. 7-16-14;

98-784, eff. 7-24-14; revised 10-2-14.)

(205 ILCS 305/57.1)

Sec. 57.1. Services to other credit unions.

(a) A credit union may act as a representative of and enter

into an agreement with credit unions or other organizations for

the purposes purpose of:

(1) sharing, utilizing, renting, leasing, purchasing,

selling, and joint ownership of fixed assets or engaging in

activities and services that relate to the daily operations

of credit unions; and

(2) providing correspondent services to other credit

unions that the service provider credit union is authorized

to perform for its own members or as part of its

operations, including, but not limited to, loan

processing, loan servicing, member check cashing services,

disbursing share withdrawals and loan proceeds, cashing

and selling money orders, ACH and wire transfer services,

coin and currency services, performing internal audits,

and automated teller machine deposit services.

(Source: P.A. 98-784, eff. 7-24-14; revised 11-26-14.)

Section 215. The Residential Mortgage License Act of 1987

is amended by changing Section 1-4 as follows:

(205 ILCS 635/1-4)

Sec. 1-4. Definitions. The following words and phrases have

the meanings given to them in this Section:

(a) "Residential real property" or "residential real

estate" shall mean any real property located in Illinois,

upon which is constructed or intended to be constructed a

dwelling. Those terms include a manufactured home as

defined in subdivision (53) of Section 9-102 of the Uniform

Commercial Code which is real property as defined in

Section 5-35 of the Conveyance and Encumbrance of

Manufactured Homes as Real Property and Severance Act.

(b) "Making a residential mortgage loan" or "funding a

residential mortgage loan" shall mean for compensation or

gain, either directly or indirectly, advancing funds or

making a commitment to advance funds to a loan applicant

for a residential mortgage loan.

(c) "Soliciting, processing, placing, or negotiating a

residential mortgage loan" shall mean for compensation or

gain, either directly or indirectly, accepting or offering

to accept an application for a residential mortgage loan,

assisting or offering to assist in the processing of an

application for a residential mortgage loan on behalf of a

borrower, or negotiating or offering to negotiate the terms

or conditions of a residential mortgage loan with a lender

on behalf of a borrower including, but not limited to, the

submission of credit packages for the approval of lenders,

the preparation of residential mortgage loan closing

documents, including a closing in the name of a broker.

(d) "Exempt person or entity" shall mean the following:

(1) (i) Any banking organization or foreign

banking corporation licensed by the Illinois

Commissioner of Banks and Real Estate or the United

States Comptroller of the Currency to transact

business in this State; (ii) any national bank,

federally chartered savings and loan association,

federal savings bank, federal credit union; (iii)

(blank); (iv) any bank, savings and loan association,

savings bank, or credit union organized under the laws

of this or any other state; (v) any Illinois Consumer

Installment Loan Act licensee; (vi) any insurance

company authorized to transact business in this State;

(vii) any entity engaged solely in commercial mortgage

lending; (viii) any service corporation of a savings

and loan association or savings bank organized under

the laws of this State or the service corporation of a

federally chartered savings and loan association or

savings bank having its principal place of business in

this State, other than a service corporation licensed

or entitled to reciprocity under the Real Estate

License Act of 2000; or (ix) any first tier subsidiary

of a bank, the charter of which is issued under the

Illinois Banking Act by the Illinois Commissioner of

Banks and Real Estate, or the first tier subsidiary of

a bank chartered by the United States Comptroller of

the Currency and that has its principal place of

business in this State, provided that the first tier

subsidiary is regularly examined by the Illinois

Commissioner of Banks and Real Estate or the

Comptroller of the Currency, or a consumer compliance

examination is regularly conducted by the Federal

Reserve Board.

(1.5) Any employee of a person or entity mentioned

in item (1) of this subsection, when acting for such

person or entity, or any registered mortgage loan

originator when acting for an entity described in

subsection (tt) of this Section.

(1.8) Any person or entity that does not originate

mortgage loans in the ordinary course of business, but

makes or acquires residential mortgage loans with his

or her own funds for his or her or its own investment

without intent to make, acquire, or resell more than 3

residential mortgage loans in any one calendar year.

(2) (Blank).

(3) Any person employed by a licensee to assist in

the performance of the residential mortgage licensee's

activities regulated by this Act who is compensated in

any manner by only one licensee.

(4) (Blank).

(5) Any individual, corporation, partnership, or

other entity that originates, services, or brokers

residential mortgage loans, as these activities are

defined in this Act, and who or which receives no

compensation for those activities, subject to the

Commissioner's regulations and the federal Secure and

Fair Enforcement for Mortgage Licensing Act of 2008 and

the rules promulgated under that Act with regard to the

nature and amount of compensation.

(6) (Blank).

(e) "Licensee" or "residential mortgage licensee"

shall mean a person, partnership, association,

corporation, or any other entity who or which is licensed

pursuant to this Act to engage in the activities regulated

by this Act.

(f) "Mortgage loan" "residential mortgage loan" or

"home mortgage loan" shall mean any loan primarily for

personal, family, or household use that is secured by a

mortgage, deed of trust, or other equivalent consensual

security interest on a dwelling as defined in Section

103(v) of the federal Truth in Lending Act, or residential

real estate upon which is constructed or intended to be

constructed a dwelling.

(g) "Lender" shall mean any person, partnership,

association, corporation, or any other entity who either

lends or invests money in residential mortgage loans.

(h) "Ultimate equitable owner" shall mean a person who,

directly or indirectly, owns or controls an ownership

interest in a corporation, foreign corporation, alien

business organization, trust, or any other form of business

organization regardless of whether the person owns or

controls the ownership interest through one or more persons

or one or more proxies, powers of attorney, nominees,

corporations, associations, partnerships, trusts, joint

stock companies, or other entities or devices, or any

combination thereof.

(i) "Residential mortgage financing transaction" shall

mean the negotiation, acquisition, sale, or arrangement

for or the offer to negotiate, acquire, sell, or arrange

for, a residential mortgage loan or residential mortgage

loan commitment.

(j) "Personal residence address" shall mean a street

address and shall not include a post office box number.

(k) "Residential mortgage loan commitment" shall mean

a contract for residential mortgage loan financing.

(l) "Party to a residential mortgage financing

transaction" shall mean a borrower, lender, or loan broker

in a residential mortgage financing transaction.

(m) "Payments" shall mean payment of all or any of the

following: principal, interest and escrow reserves for

taxes, insurance and other related reserves, and

reimbursement for lender advances.

(n) "Commissioner" shall mean the Commissioner of

Banks and Real Estate, except that, beginning on April 6,

2009 (the effective date of Public Act 95-1047), all

references in this Act to the Commissioner of Banks and

Real Estate are deemed, in appropriate contexts, to be

references to the Secretary of Financial and Professional

Regulation, or his or her designee, including the Director

of the Division of Banking of the Department of Financial

and Professional Regulation.

(n-1) "Director" shall mean the Director of the

Division of Banking of the Department of Financial and

Professional Regulation, except that, beginning on July

31, 2009 (the effective date of Public Act 96-112), all

references in this Act to the Director are deemed, in

appropriate contexts, to be the Secretary of Financial and

Professional Regulation, or his or her designee, including

the Director of the Division of Banking of the Department

of Financial and Professional Regulation.

(o) "Loan brokering", "brokering", or "brokerage

service" shall mean the act of helping to obtain from

another entity, for a borrower, a loan secured by

residential real estate situated in Illinois or assisting a

borrower in obtaining a loan secured by residential real

estate situated in Illinois in return for consideration to

be paid by either the borrower or the lender including, but

not limited to, contracting for the delivery of residential

mortgage loans to a third party lender and soliciting,

processing, placing, or negotiating residential mortgage

loans.

(p) "Loan broker" or "broker" shall mean a person,

partnership, association, corporation, or limited

liability company, other than those persons, partnerships,

associations, corporations, or limited liability companies

exempted from licensing pursuant to Section 1-4,

subsection (d), of this Act, who performs the activities

described in subsections (c), (o), and (yy) of this

Section.

(q) "Servicing" shall mean the collection or

remittance for or the right or obligation to collect or

remit for any lender, noteowner, noteholder, or for a

licensee's own account, of payments, interests, principal,

and trust items such as hazard insurance and taxes on a

residential mortgage loan in accordance with the terms of

the residential mortgage loan; and includes loan payment

follow-up, delinquency loan follow-up, loan analysis and

any notifications to the borrower that are necessary to

enable the borrower to keep the loan current and in good

standing. "Servicing" includes management of third-party

entities acting on behalf of a residential mortgage

licensee for the collection of delinquent payments and the

use by such third-party entities of said licensee's

servicing records or information, including their use in

foreclosure.

(r) "Full service office" shall mean an office,

provided by the licensee and not subleased from the

licensee's employees, and staff in Illinois reasonably

adequate to handle efficiently communications, questions,

and other matters relating to any application for, or an

existing home mortgage secured by residential real estate

situated in Illinois with respect to which the licensee is

brokering, funding originating, purchasing, or servicing.

The management and operation of each full service office

must include observance of good business practices such as

proper signage; adequate, organized, and accurate books

and records; ample phone lines, hours of business, staff

training and supervision, and provision for a mechanism to

resolve consumer inquiries, complaints, and problems. The

Commissioner shall issue regulations with regard to these

requirements and shall include an evaluation of compliance

with this Section in his or her periodic examination of

each licensee.

(s) "Purchasing" shall mean the purchase of

conventional or government-insured mortgage loans secured

by residential real estate situated in Illinois from either

the lender or from the secondary market.

(t) "Borrower" shall mean the person or persons who

seek the services of a loan broker, originator, or lender.

(u) "Originating" shall mean the issuing of

commitments for and funding of residential mortgage loans.

(v) "Loan brokerage agreement" shall mean a written

agreement in which a broker or loan broker agrees to do

either of the following:

(1) obtain a residential mortgage loan for the

borrower or assist the borrower in obtaining a

residential mortgage loan; or

(2) consider making a residential mortgage loan to

the borrower.

(w) "Advertisement" shall mean the attempt by

publication, dissemination, or circulation to induce,

directly or indirectly, any person to enter into a

residential mortgage loan agreement or residential

mortgage loan brokerage agreement relative to a mortgage

secured by residential real estate situated in Illinois.

(x) "Residential Mortgage Board" shall mean the

Residential Mortgage Board created in Section 1-5 of this

Act.

(y) "Government-insured mortgage loan" shall mean any

mortgage loan made on the security of residential real

estate insured by the Department of Housing and Urban

Development or Farmers Home Loan Administration, or

guaranteed by the Veterans Administration.

(z) "Annual audit" shall mean a certified audit of the

licensee's books and records and systems of internal

control performed by a certified public accountant in

accordance with generally accepted accounting principles

and generally accepted auditing standards.

(aa) "Financial institution" shall mean a savings and

loan association, savings bank, credit union, or a bank

organized under the laws of Illinois or a savings and loan

association, savings bank, credit union or a bank organized

under the laws of the United States and headquartered in

Illinois.

(bb) "Escrow agent" shall mean a third party,

individual or entity charged with the fiduciary obligation

for holding escrow funds on a residential mortgage loan

pending final payout of those funds in accordance with the

terms of the residential mortgage loan.

(cc) "Net worth" shall have the meaning ascribed

thereto in Section 3-5 of this Act.

(dd) "Affiliate" shall mean:

(1) any entity that directly controls or is

controlled by the licensee and any other company that

is directly affecting activities regulated by this Act

that is controlled by the company that controls the

licensee;

(2) any entity:

(A) that is controlled, directly or

indirectly, by a trust or otherwise, by or for the

benefit of shareholders who beneficially or

otherwise control, directly or indirectly, by

trust or otherwise, the licensee or any company

that controls the licensee; or

(B) a majority of the directors or trustees of

which constitute a majority of the persons holding

any such office with the licensee or any company

that controls the licensee;

(3) any company, including a real estate

investment trust, that is sponsored and advised on a

contractual basis by the licensee or any subsidiary or

affiliate of the licensee.

The Commissioner may define by rule and regulation any

terms used in this Act for the efficient and clear

administration of this Act.

(ee) "First tier subsidiary" shall be defined by

regulation incorporating the comparable definitions used

by the Office of the Comptroller of the Currency and the

Illinois Commissioner of Banks and Real Estate.

(ff) "Gross delinquency rate" means the quotient

determined by dividing (1) the sum of (i) the number of

government-insured residential mortgage loans funded or

purchased by a licensee in the preceding calendar year that

are delinquent and (ii) the number of conventional

residential mortgage loans funded or purchased by the

licensee in the preceding calendar year that are delinquent

by (2) the sum of (i) the number of government-insured

residential mortgage loans funded or purchased by the

licensee in the preceding calendar year and (ii) the number

of conventional residential mortgage loans funded or

purchased by the licensee in the preceding calendar year.

(gg) "Delinquency rate factor" means the factor set by

rule of the Commissioner that is multiplied by the average

gross delinquency rate of licensees, determined annually

for the immediately preceding calendar year, for the

purpose of determining which licensees shall be examined by

the Commissioner pursuant to subsection (b) of Section 4-8

of this Act.

(hh) "Loan originator" means any natural person who,

for compensation or in the expectation of compensation,

either directly or indirectly makes, offers to make,

solicits, places, or negotiates a residential mortgage

loan. This definition applies only to Section 7-1 of this

Act.

(ii) "Confidential supervisory information" means any

report of examination, visitation, or investigation

prepared by the Commissioner under this Act, any report of

examination visitation, or investigation prepared by the

state regulatory authority of another state that examines a

licensee, any document or record prepared or obtained in

connection with or relating to any examination,

visitation, or investigation, and any record prepared or

obtained by the Commissioner to the extent that the record

summarizes or contains information derived from any

report, document, or record described in this subsection.

"Confidential supervisory information" does not include

any information or record routinely prepared by a licensee

and maintained in the ordinary course of business or any

information or record that is required to be made publicly

available pursuant to State or federal law or rule.

(jj) "Mortgage loan originator" means an individual

who for compensation or gain or in the expectation of

compensation or gain:

(i) takes a residential mortgage loan application;

or

(ii) offers or negotiates terms of a residential

mortgage loan.

"Mortgage loan originator" includes an individual

engaged in loan modification activities as defined in

subsection (yy) of this Section. A mortgage loan originator

engaged in loan modification activities shall report those

activities to the Department of Financial and Professional

Regulation in the manner provided by the Department;

however, the Department shall not impose a fee for

reporting, nor require any additional qualifications to

engage in those activities beyond those provided pursuant

to this Act for mortgage loan originators.

"Mortgage loan originator" does not include an

individual engaged solely as a loan processor or

underwriter except as otherwise provided in subsection (d)

of Section 7-1A of this Act.

"Mortgage loan originator" does not include a person or

entity that only performs real estate brokerage activities

and is licensed in accordance with the Real Estate License

Act of 2000, unless the person or entity is compensated by

a lender, a mortgage broker, or other mortgage loan

originator, or by any agent of that lender, mortgage

broker, or other mortgage loan originator.

"Mortgage loan originator" does not include a person or

entity solely involved in extensions of credit relating to

timeshare plans, as that term is defined in Section

101(53D) of Title 11, United States Code.

(kk) "Depository institution" has the same meaning as

in Section 3 of the Federal Deposit Insurance Act, and

includes any credit union.

(ll) "Dwelling" means a residential structure or

mobile home which contains one to 4 family housing units,

or individual units of condominiums or cooperatives.

(mm) "Immediate family member" means a spouse, child,

sibling, parent, grandparent, or grandchild, and includes

step-parents, step-children, step-siblings, or adoptive

relationships.

(nn) "Individual" means a natural person.

(oo) "Loan processor or underwriter" means an

individual who performs clerical or support duties as an

employee at the direction of and subject to the supervision

and instruction of a person licensed, or exempt from

licensing, under this Act. "Clerical or support duties"

includes subsequent to the receipt of an application:

(i) the receipt, collection, distribution, and

analysis of information common for the processing or

underwriting of a residential mortgage loan; and

(ii) communicating with a consumer to obtain the

information necessary for the processing or

underwriting of a loan, to the extent that the

communication does not include offering or negotiating

loan rates or terms, or counseling consumers about

residential mortgage loan rates or terms. An

individual engaging solely in loan processor or

underwriter activities shall not represent to the

public, through advertising or other means of

communicating or providing information, including the

use of business cards, stationery, brochures, signs,

rate lists, or other promotional items, that the

individual can or will perform any of the activities of

a mortgage loan originator.

(pp) "Nationwide Mortgage Licensing System and

Registry" means a mortgage licensing system developed and

maintained by the Conference of State Bank Supervisors and

the American Association of Residential Mortgage

Regulators for the licensing and registration of licensed

mortgage loan originators.

(qq) "Nontraditional mortgage product" means any

mortgage product other than a 30-year fixed rate mortgage.

(rr) "Person" means a natural person, corporation,

company, limited liability company, partnership, or

association.

(ss) "Real estate brokerage activity" means any

activity that involves offering or providing real estate

brokerage services to the public, including:

(1) acting as a real estate agent or real estate

broker for a buyer, seller, lessor, or lessee of real

property;

(2) bringing together parties interested in the

sale, purchase, lease, rental, or exchange of real

property;

(3) negotiating, on behalf of any party, any

portion of a contract relating to the sale, purchase,

lease, rental, or exchange of real property, other than

in connection with providing financing with respect to

any such transaction;

(4) engaging in any activity for which a person

engaged in the activity is required to be registered or

licensed as a real estate agent or real estate broker

under any applicable law; or

(5) offering to engage in any activity, or act in

any capacity, described in this subsection (ss).

(tt) "Registered mortgage loan originator" means any

individual that:

(1) meets the definition of mortgage loan

originator and is an employee of:

(A) a depository institution;

(B) a subsidiary that is:

(i) owned and controlled by a depository

institution; and

(ii) regulated by a federal banking

agency; or

(C) an institution regulated by the Farm

Credit Administration; and

(2) is registered with, and maintains a unique

identifier through, the Nationwide Mortgage Licensing

System and Registry.

(uu) "Unique identifier" means a number or other

identifier assigned by protocols established by the

Nationwide Mortgage Licensing System and Registry.

(vv) "Residential mortgage license" means a license

issued pursuant to Section 1-3, 2-2, or 2-6 of this Act.

(ww) "Mortgage loan originator license" means a

license issued pursuant to Section 7-1A, 7-3, or 7-6 of

this Act.

(xx) "Secretary" means the Secretary of the Department

of Financial and Professional Regulation, or a person

authorized by the Secretary or by this Act to act in the

Secretary's stead.

(yy) "Loan modification" means, for compensation or

gain, either directly or indirectly offering or

negotiating on behalf of a borrower or homeowner to adjust

the terms of a residential mortgage loan in a manner not

provided for in the original or previously modified

mortgage loan.

(zz) "Short sale facilitation" means, for compensation

or gain, either directly or indirectly offering or

negotiating on behalf of a borrower or homeowner to

facilitate the sale of residential real estate subject to

one or more residential mortgage loans or debts

constituting liens on the property in which the proceeds

from selling the residential real estate will fall short of

the amount owed and the lien holders are contacted to agree

to release their lien on the residential real estate and

accept less than the full amount owed on the debt.

The Commissioner may define by rule and regulation any

terms used in this Act for the efficient and clear

administration of this Act.

(Source: P.A. 97-143, eff. 7-14-11; 97-891, eff. 8-3-12;

98-749, eff. 7-16-14; 98-1081, eff. 1-1-15; revised 10-6-14.)

Section 220. The Alternative Health Care Delivery Act is

amended by changing Section 30 as follows:

(210 ILCS 3/30)

Sec. 30. Demonstration program requirements. The

requirements set forth in this Section shall apply to

demonstration programs.

(a) (Blank).

(a-5) There shall be no more than the total number of

postsurgical recovery care centers with a certificate of need

for beds as of January 1, 2008.

(a-10) There shall be no more than a total of 9 children's

community-based health 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 community-based health care

center owned and operated by a licensed skilled pediatric

facility shall be located in each of the areas designated in

this subsection (a-10).

(a-15) There shall be 5 authorized community-based

residential rehabilitation center alternative health care

models in the demonstration program.

(a-20) There shall be an authorized Alzheimer's disease

management center alternative health care model in the

demonstration program. The Alzheimer's disease management

center shall be located in Will County, owned by a

not-for-profit entity, and endorsed by a resolution approved by

the county board before the effective date of this amendatory

Act of the 91st General Assembly.

(a-25) There shall be no more than 10 birth center

alternative health care models in the demonstration program,

located as follows:

(1) Four in the area comprising Cook, DuPage, Kane,

Lake, McHenry, and Will counties, one of which shall be

owned or operated by a hospital and one of which shall be

owned or operated by a federally qualified health center.

(2) Three in municipalities with a population of 50,000

or more not located in the area described in paragraph (1)

of this subsection, one of which shall be owned or operated

by a hospital and one of which shall be owned or operated

by a federally qualified health center.

(3) Three in rural areas, one of which shall be owned

or operated by a hospital and one of which shall be owned

or operated by a federally qualified health center.

The first 3 birth centers authorized to operate by the

Department shall be located in or predominantly serve the

residents of a health professional shortage area as determined

by the United States Department of Health and Human Services.

There shall be no more than 2 birth centers authorized to

operate in any single health planning area for obstetric

services as determined under the Illinois Health Facilities

Planning Act. If a birth center is located outside of a health

professional shortage area, (i) the birth center shall be

located in a health planning area with a demonstrated need for

obstetrical service beds, as determined by the Health

Facilities and Services Review Board or (ii) there must be a

reduction in the existing number of obstetrical service beds in

the planning area so that the establishment of the birth center

does not result in an increase in the total number of

obstetrical service beds in the health planning area.

(b) Alternative health care models, other than a model

authorized under subsection (a-10) or (a-20), shall obtain a

certificate of need from the Health Facilities and Services

Review Board under the Illinois Health Facilities Planning Act

before receiving a license by the Department. If, after

obtaining its initial certificate of need, an alternative

health care delivery model that is a community based

residential rehabilitation center seeks to increase the bed

capacity of that center, it must obtain a certificate of need

from the Health Facilities and Services Review Board before

increasing the bed capacity. Alternative health care models in

medically underserved areas shall receive priority in

obtaining a certificate of need.

(c) An alternative health care model license shall be

issued for a period of one year and shall be annually renewed

if the facility or program is in substantial compliance with

the Department's rules adopted under this Act. A licensed

alternative health care model that continues to be in

substantial compliance after the conclusion of the

demonstration program shall be eligible for annual renewals

unless and until a different licensure program for that type of

health care model is established by legislation, except that a

postsurgical recovery care center meeting the following

requirements may apply within 3 years after August 25, 2009

(the effective date of Public Act 96-669) for a Certificate of

Need permit to operate as a hospital:

(1) The postsurgical recovery care center shall apply

to the Health Facilities and Services Review Board for a

Certificate of Need permit to discontinue the postsurgical

recovery care center and to establish a hospital.

(2) If the postsurgical recovery care center obtains a

Certificate of Need permit to operate as a hospital, it

shall apply for licensure as a hospital under the Hospital

Licensing Act and shall meet all statutory and regulatory

requirements of a hospital.

(3) After obtaining licensure as a hospital, any

license as an ambulatory surgical treatment center and any

license as a postsurgical 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. 97-135, eff. 7-14-11; 97-333, eff. 8-12-11;

97-813, eff. 7-13-12; 98-629, eff. 1-1-15; 98-756, eff.

7-16-14; revised 10-3-14.)

Section 225. The Nursing Home Care Act is amended by

changing Sections 1-125.1 and 3-206.01 as follows:

(210 ILCS 45/1-125.1) (from Ch. 111 1/2, par. 4151-125.1)

Sec. 1-125.1. "Student intern" means any person whose total

term of employment in any facility during any 12-month period

is equal to or less than 90 continuous days, and whose term of

employment: is either,

(1) is an academic credit requirement in a high school

or undergraduate or graduate institution;

(2) immediately succeeds a full quarter, semester, or

trimester of academic enrollment in either a high school or

undergraduate or graduate institution, provided that such

person is registered for another full quarter, semester, or

trimester of academic enrollment in either a high school or

undergraduate or graduate institution, which quarter,

semester, or trimester will commence immediately following

the term of employment; or

(3) immediately succeeds graduation from the high

school or undergraduate or graduate institution.

(Source: P.A. 98-121, eff. 7-30-13; revised 11-25-14.)

(210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)

Sec. 3-206.01. Health care worker registry.

(a) The Department shall establish and maintain a registry

of all individuals who (i) have satisfactorily completed the

training required by Section 3-206, (ii) have begun a current

course of training as set forth in Section 3-206, or (iii) are

otherwise acting as a nursing assistant, habilitation aide,

home health aide, psychiatric services rehabilitation aide, or

child care aide. The registry shall include the individual's

name, his or her current address, Social Security number, and

the date and location of the training course completed by the

individual, and whether the individual has any of the

disqualifying convictions listed in Section 25 of the Health

Care Worker Background Check Act from the date of the

individual's last criminal records check. Any individual

placed on the registry is required to inform the Department of

any change of address within 30 days. A facility shall not

employ an individual as a nursing assistant, habilitation aide,

home health aide, psychiatric services rehabilitation aide, or

child care aide, or newly hired as an individual who may have

access to a resident, a resident's living quarters, or a

resident's personal, financial, or medical records, unless the

facility has inquired of the Department's health care worker

registry as to information in the registry concerning the

individual. The facility shall not employ an individual as a

nursing assistant, habilitation aide, or child care aide if

that individual is not on the registry unless the individual is

enrolled in a training program under paragraph (5) of

subsection (a) of Section 3-206 of this Act.

If the Department finds that a nursing assistant,

habilitation aide, home health aide, psychiatric services

rehabilitation aide, or child care aide, or an unlicensed

individual, has abused or neglected a resident or an individual

under his or her care or misappropriated property of a resident

or an individual under his or her care, the Department shall

notify the individual of this finding by certified mail sent to

the address contained in the registry. The notice shall give

the individual an opportunity to contest the finding in a

hearing before the Department or to submit a written response

to the findings in lieu of requesting a hearing. If, after a

hearing or if the individual does not request a hearing, the

Department finds that the individual abused a resident,

neglected a resident, or misappropriated resident property in a

facility, the finding shall be included as part of the registry

as well as a clear and accurate summary from the individual, if

he or she chooses to make such a statement. The Department

shall make the following information in the registry available

to the public: an individual's full name; the date an

individual successfully completed a nurse aide training or

competency evaluation; and whether the Department has made a

finding that an individual has been guilty of abuse or neglect

of a resident or misappropriation of resident property. In the

case of inquiries to the registry concerning an individual

listed in the registry, any information disclosed concerning

such a finding shall also include disclosure of the

individual's statement in the registry relating to the finding

or a clear and accurate summary of the statement.

(b) The Department shall add to the health care worker

registry records of findings as reported by the Inspector

General or remove from the health care worker registry records

of findings as reported by the Department of Human Services,

under subsection (s) (g-5) of Section 1-17 of the Department of

Human Services Act.

(Source: P.A. 95-545, eff. 8-28-07; 96-1372, eff. 7-29-10;

revised 12-10-14.)

Section 230. The ID/DD Community Care Act is amended by

changing Section 3-206.01 as follows:

(210 ILCS 47/3-206.01)

Sec. 3-206.01. Health care worker registry.

(a) The Department shall establish and maintain a registry

of all individuals who (i) have satisfactorily completed the

training required by Section 3-206, (ii) have begun a current

course of training as set forth in Section 3-206, or (iii) are

otherwise acting as a nursing assistant, habilitation aide,

home health aide, or child care aide. The registry shall

include the individual's name, his or her current address,

Social Security number, and whether the individual has any of

the disqualifying convictions listed in Section 25 of the

Health Care Worker Background Check Act from the date and

location of the training course completed by the individual,

and the date of the individual's last criminal records check.

Any individual placed on the registry is required to inform the

Department of any change of address within 30 days. A facility

shall not employ an individual as a nursing assistant,

habilitation aide, home health aide, or child care aide, or

newly hired as an individual who may have access to a resident,

a resident's living quarters, or a resident's personal,

financial, or medical records, unless the facility has inquired

of the Department's health care worker registry as to

information in the registry concerning the individual. The

facility shall not employ an individual as a nursing assistant,

habilitation aide, or child care aide if that individual is not

on the registry unless the individual is enrolled in a training

program under paragraph (5) of subsection (a) of Section 3-206

of this Act.

If the Department finds that a nursing assistant,

habilitation aide, home health aide, child care aide, or an

unlicensed individual, has abused or neglected a resident or an

individual under his or her care, or misappropriated property

of a resident or an individual under his or her care in a

facility, the Department shall notify the individual of this

finding by certified mail sent to the address contained in the

registry. The notice shall give the individual an opportunity

to contest the finding in a hearing before the Department or to

submit a written response to the findings in lieu of requesting

a hearing. If, after a hearing or if the individual does not

request a hearing, the Department finds that the individual

abused a resident, neglected a resident, or misappropriated

resident property in a facility, the finding shall be included

as part of the registry as well as a clear and accurate summary

statement from the individual, if he or she chooses to make

such a statement. The Department shall make the following

information in the registry available to the public: an

individual's full name; the date an individual successfully

completed a nurse aide training or competency evaluation; and

whether the Department has made a finding that an individual

has been guilty of abuse or neglect of a resident or

misappropriation of resident's property. In the case of

inquiries to the registry concerning an individual listed in

the registry, any information disclosed concerning such a

finding shall also include disclosure of the individual's

statement in the registry relating to the finding or a clear

and accurate summary of the statement.

(b) The Department shall add to the health care worker

registry records of findings as reported by the Inspector

General or remove from the health care worker registry records

of findings as reported by the Department of Human Services,

under subsection (s) (g-5) of Section 1-17 of the Department of

Human Services Act.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; revised

12-10-14.)

Section 235. The Specialized Mental Health Rehabilitation

Act of 2013 is amended by changing Section 1-101.6 as follows:

(210 ILCS 49/1-101.6)

(Section scheduled to be repealed on July 1, 2016)

Sec. 1-101.6. Mental health system planning. The General

Assembly finds the services contained in this Act are necessary

for the effective delivery of mental health services for the

citizens of the State of Illinois.

The General Assembly also finds that the mental health and

substance use system in the State requires further review to

develop additional needed services.

To ensure the adequacy of community-based services and to

offer choice to all individuals with serious mental illness and

substance use disorders or conditions who choose to live in the

community, and for whom the community is the appropriate

setting, but are at risk of institutional care, the Governor's

Office of Health Innovation and Transformation shall oversee a

process for (i) identifying needed services in the different

geographic regions in the State and (ii) identifying the

financing strategies for developing those needed services.

The process shall address or examine the need and financing

strategies for the following:

(1) Network adequacy in all 102 counties of the State

for: (i) health homes authorized under Section 2703 of the

federal Patient Protection and Affordable Care Act; (ii)

systems of care for children; (iii) care coordination; and

(iv) access to a full continuum of quality care, treatment,

services, and supports for persons with serious emotional

disturbance, serious mental illness, or substance use

disorder.

(2) Workforce development for the workforce of

community providers of care, treatment, services, and

supports for persons with mental health and substance use

disorders and conditions.

(3) Information technology to manage the delivery of

integrated services for persons with mental health and

substance use disorders and medical conditions.

(4) The needed continuum of statewide community health

care, treatment, services, and supports for persons with

mental health and substance use disorders and conditions.

(5) Reducing health care disparities in access to a

continuum of care, care coordination, and engagement in

networks.

The Governor's Office of Health Innovation and

Transformation shall include the Division of Alcoholism and

Substance Abuse and the Division of Mental Health in the

Department of Human Services, the Department of Healthcare and

Family Services, the Department of Public Health, community

mental health and substance use providers, statewide

associations of mental health and substance use providers,

mental health and substance use advocacy groups, and any other

entity as deemed appropriate for participation in the process

of identifying needed services and financing strategies as

described in this Section.

The Office of Health Innovation and Transformation shall

report its findings and recommendations to the General Assembly

by July 1, 2015.

This Section is repealed on July 1, 2016.

Before September 1, 2014, the State shall develop and

implement a service authorization system available 24 hours a

day, 7 days a week for approval of services in the following 3

levels of care under this Act: crisis stabilization; recovery

and rehabilitation supports; and transitional living units.

(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;

98-878, eff. 8-11-14; revised 10-2-14.)

Section 240. The Emergency Medical Services (EMS) Systems

Act is amended by changing Sections 3.87 and 3.210 as follows:

(210 ILCS 50/3.87)

Sec. 3.87. Ambulance service provider and vehicle service

provider upgrades; rural population.

(a) In this Section, "rural ambulance service provider"

means an ambulance service provider licensed under this Act

that serves a rural population of 7,500 or fewer inhabitants.

In this Section, "rural vehicle service provider" means an

entity that serves a rural population of 7,500 or fewer

inhabitants and is licensed by the Department to provide

emergency or non-emergency medical services in compliance with

this Act, the rules adopted by the Department pursuant to this

Act, and an operational plan approved by the entity's EMS

System, utilizing at least an ambulance, alternate response

vehicle as defined by the Department in rules, or specialized

emergency medical services vehicle.

(b) A rural ambulance service provider or rural vehicle

service provider may submit a proposal to the EMS System

Medical Director requesting approval of either or both of the

following:

(1) Rural ambulance service provider or rural vehicle

service provider in-field service level upgrade.

(A) An ambulance operated by a rural ambulance

service provider or a specialized emergency medical

services vehicle or alternate response vehicle

operated by a rural vehicle service provider may be

upgraded, as defined by the EMS System Medical Director

in a policy or procedure, as long as the EMS System

Medical Director and the Department have approved the

proposal, to the highest level of EMT license (advanced

life support/paramedic, intermediate life support, or

basic life support) or Pre-Hospital RN certification

held by any person staffing that ambulance,

specialized emergency medical services vehicle, or

alternate response vehicle. The ambulance service

provider's or rural vehicle service provider's

proposal for an upgrade must include all of the

following:

(i) The manner in which the provider will

secure and store advanced life support equipment,

supplies, and medications.

(ii) The type of quality assurance the

provider will perform.

(iii) An assurance that the provider will

advertise only the level of care that can be

provided 24 hours a day.

(iv) A statement that the provider will have

that vehicle inspected by the Department annually.

(B) If a rural ambulance service provider or rural

vehicle service provider is approved to provide an

in-field service level upgrade based on the licensed

personnel on the vehicle, all the advanced life support

medical supplies, durable medical equipment, and

medications must be environmentally controlled,

secured, and locked with access by only the personnel

who have been authorized by the EMS System Medical

Director to utilize those supplies.

(C) The EMS System shall routinely perform quality

assurance, in compliance with the EMS System's quality

assurance plan approved by the Department, on in-field

service level upgrades authorized under this Section

to ensure compliance with the EMS System plan.

(2) Rural ambulance service provider or rural vehicle

service provider in-field service level upgrade. The EMS

System Medical Director may define what constitutes an

in-field service level upgrade through an EMS System policy

or procedure. An in-field service level upgrade may

include, but need not be limited to, an upgrade to a

licensed ambulance, alternate response vehicle, or

specialized emergency medical services vehicle.

(c) If the EMS System Medical Director approves a proposal

for a rural in-field service level upgrade under this Section,

he or she shall submit the proposal to the Department along

with a statement of approval signed by him or her. Once the

Department has approved the proposal, the rural ambulance

service provider or rural vehicle service provider will be

authorized to function at the highest level of EMT license

(advanced life support/paramedic, intermediate life support,

or basic life support) or Pre-Hospital RN certification held by

any person staffing the vehicle.

(Source: P.A. 98-608, eff. 12-27-13; 98-880, eff. 1-1-15;

98-881, eff. 8-13-14; revised 10-1-14.)

(210 ILCS 50/3.210)

Sec. 3.210. EMS Medical Consultant. If the Chief of the

Department's Division of Emergency Medical Services and

Highway Safety is not a physician licensed to practice medicine

in all of its branches, with extensive emergency medical

services experience, and certified by the American Board of

Emergency Medicine or the Osteopathic American Osteopathic

Board of Emergency Medicine, then the Director shall appoint

such a physician to serve as EMS Medical Consultant to the

Division Chief.

(Source: P.A. 98-973, eff. 8-15-14; revised 11-25-14.)

Section 245. The Health Maintenance Organization Act is

amended by changing Section 1-2 as follows:

(215 ILCS 125/1-2) (from Ch. 111 1/2, par. 1402)

Sec. 1-2. Definitions. As used in this Act, unless the

context otherwise requires, the following terms shall have the

meanings ascribed to them:

(1) "Advertisement" means any printed or published

material, audiovisual material and descriptive literature of

the health care plan used in direct mail, newspapers,

magazines, radio scripts, television scripts, billboards and

similar displays; and any descriptive literature or sales aids

of all kinds disseminated by a representative of the health

care plan for presentation to the public including, but not

limited to, circulars, leaflets, booklets, depictions,

illustrations, form letters and prepared sales presentations.

(2) "Director" means the Director of Insurance.

(3) "Basic health care services" means emergency care, and

inpatient hospital and physician care, outpatient medical

services, mental health services and care for alcohol and drug

abuse, including any reasonable deductibles and co-payments,

all of which are subject to the limitations described in

Section 4-20 of this Act and as determined by the Director

pursuant to rule.

(4) "Enrollee" means an individual who has been enrolled in

a health care plan.

(5) "Evidence of coverage" means any certificate,

agreement, or contract issued to an enrollee setting out the

coverage to which he is entitled in exchange for a per capita

prepaid sum.

(6) "Group contract" means a contract for health care

services which by its terms limits eligibility to members of a

specified group.

(7) "Health care plan" means any arrangement whereby any

organization undertakes to provide or arrange for and pay for

or reimburse the cost of basic health care services, excluding

any reasonable deductibles and copayments, from providers

selected by the Health Maintenance Organization and such

arrangement consists of arranging for or the provision of such

health care services, as distinguished from mere

indemnification against the cost of such services, except as

otherwise authorized by Section 2-3 of this Act, on a per

capita prepaid basis, through insurance or otherwise. A "health

care plan" also includes any arrangement whereby an

organization undertakes to provide or arrange for or pay for or

reimburse the cost of any health care service for persons who

are enrolled under Article V of the Illinois Public Aid Code or

under the Children's Health Insurance Program Act through

providers selected by the organization and the arrangement

consists of making provision for the delivery of health care

services, as distinguished from mere indemnification. A

"health care plan" also includes any arrangement pursuant to

Section 4-17. Nothing in this definition, however, affects the

total medical services available to persons eligible for

medical assistance under the Illinois Public Aid Code.

(8) "Health care services" means any services included in

the furnishing to any individual of medical or dental care, or

the hospitalization or incident to the furnishing of such care

or hospitalization as well as the furnishing to any person of

any and all other services for the purpose of preventing,

alleviating, curing or healing human illness or injury.

(9) "Health Maintenance Organization" means any

organization formed under the laws of this or another state to

provide or arrange for one or more health care plans under a

system which causes any part of the risk of health care

delivery to be borne by the organization or its providers.

(10) "Net worth" means admitted assets, as defined in

Section 1-3 of this Act, minus liabilities.

(11) "Organization" means any insurance company, a

nonprofit corporation authorized under the Dental Service Plan

Act or the Voluntary Health Services Plans Act, or a

corporation organized under the laws of this or another state

for the purpose of operating one or more health care plans and

doing no business other than that of a Health Maintenance

Organization or an insurance company. "Organization" shall

also mean the University of Illinois Hospital as defined in the

University of Illinois Hospital Act or a unit of local

government health system operating within a county with a

population of 3,000,000 or more.

(12) "Provider" means any physician, hospital facility,

facility licensed under the Nursing Home Care Act, or facility

or long-term care facility as those terms are defined in the

Nursing Home Care Act or other person which is licensed or

otherwise authorized to furnish health care services and also

includes any other entity that arranges for the delivery or

furnishing of health care service.

(13) "Producer" means a person directly or indirectly

associated with a health care plan who engages in solicitation

or enrollment.

(14) "Per capita prepaid" means a basis of prepayment by

which a fixed amount of money is prepaid per individual or any

other enrollment unit to the Health Maintenance Organization or

for health care services which are provided during a definite

time period regardless of the frequency or extent of the

services rendered by the Health Maintenance Organization,

except for copayments and deductibles and except as provided in

subsection (f) of Section 5-3 of this Act.

(15) "Subscriber" means a person who has entered into a

contractual relationship with the Health Maintenance

Organization for the provision of or arrangement of at least

basic health care services to the beneficiaries of such

contract.

(Source: P.A. 97-1148, eff. 1-24-13; 98-651, eff. 6-16-14;

98-841, eff. 8-1-14; revised 10-24-14.)

Section 250. The Managed Care Reform and Patient Rights Act

is amended by changing Section 10 as follows:

(215 ILCS 134/10)

Sec. 10. Definitions. :

"Adverse determination" means a determination by a health

care plan under Section 45 or by a utilization review program

under Section 85 that a health care service is not medically

necessary.

"Clinical peer" means a health care professional who is in

the same profession and the same or similar specialty as the

health care provider who typically manages the medical

condition, procedures, or treatment under review.

"Department" means 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 medical screening examination" means a medical

screening examination and evaluation by a physician licensed to

practice medicine in all its branches, or to the extent

permitted by applicable laws, by other appropriately licensed

personnel under the supervision of or in collaboration with a

physician licensed to practice medicine in all its branches to

determine whether the need for emergency services exists.

"Emergency services" means, with respect to an enrollee of

a health care plan, transportation services, including but not

limited to ambulance services, and covered inpatient and

outpatient hospital services furnished by a provider qualified

to furnish those services that are needed to evaluate or

stabilize an emergency medical condition. "Emergency services"

does not refer to post-stabilization medical services.

"Enrollee" means any person and his or her dependents

enrolled in or covered by a health care plan.

"Health care plan" means a plan, including, but not limited

to, a health maintenance organization, a managed care community

network as defined in the Illinois Public Aid Code, or an

accountable care entity as defined in the Illinois Public Aid

Code that receives capitated payments to cover medical services

from the Department of Healthcare and Family Services, that

establishes, operates, or maintains a network of health care

providers that has entered into an agreement with the plan to

provide health care services to enrollees to whom the plan has

the ultimate obligation to arrange for the provision of or

payment for services through organizational arrangements for

ongoing quality assurance, utilization review programs, or

dispute resolution. Nothing in this definition shall be

construed to mean that an independent practice association or a

physician hospital organization that subcontracts with a

health care plan is, for purposes of that subcontract, a health

care plan.

For purposes of this definition, "health care plan" shall

not include the following:

(1) indemnity health insurance policies including

those using a contracted provider network;

(2) health care plans that offer only dental or only

vision coverage;

(3) preferred provider administrators, as defined in

Section 370g(g) of the Illinois Insurance Code;

(4) employee or employer self-insured health benefit

plans under the federal Employee Retirement Income

Security Act of 1974;

(5) health care provided pursuant to the Workers'

Compensation Act or the Workers' Occupational Diseases

Act; and

(6) not-for-profit voluntary health services plans

with health maintenance organization authority in

existence as of January 1, 1999 that are affiliated with a

union and that only extend coverage to union members and

their dependents.

"Health care professional" means a physician, a registered

professional nurse, or other individual appropriately licensed

or registered to provide health care services.

"Health care provider" means any physician, hospital

facility, facility licensed under the Nursing Home Care Act,

long-term care facility as defined in Section 1-113 of the

Nursing Home Care Act, or other person that is licensed or

otherwise authorized to deliver health care services. Nothing

in this Act shall be construed to define Independent Practice

Associations or Physician-Hospital Organizations as health

care providers.

"Health care services" means any services included in the

furnishing to any individual of medical care, or the

hospitalization incident to the furnishing of such care, as

well as the furnishing to any person of any and all other

services for the purpose of preventing, alleviating, curing, or

healing human illness or injury including home health and

pharmaceutical services and products.

"Medical director" means a physician licensed in any state

to practice medicine in all its branches appointed by a health

care plan.

"Person" means a corporation, association, partnership,

limited liability company, sole proprietorship, or any other

legal entity.

"Physician" means a person licensed under the Medical

Practice Act of 1987.

"Post-stabilization medical services" means health care

services provided to an enrollee that are furnished in a

licensed hospital by a provider that is qualified to furnish

such services, and determined to be medically necessary and

directly related to the emergency medical condition following

stabilization.

"Stabilization" means, with respect to an emergency

medical condition, to provide such medical treatment of the

condition as may be necessary to assure, within reasonable

medical probability, that no material deterioration of the

condition is likely to result.

"Utilization review" means the evaluation of the medical

necessity, appropriateness, and efficiency of the use of health

care services, procedures, and facilities.

"Utilization review program" means a program established

by a person to perform utilization review.

(Source: P.A. 98-651, eff. 6-16-14; 98-841, eff. 8-1-14;

revised 10-24-14.)

Section 255. The Service Contract Act is amended by

changing Section 45 as follows:

(215 ILCS 152/45)

Sec. 45. Record keeping requirements.

(a) The service contract provider shall keep accurate

accounts, books, and records concerning transactions regulated

under this Act.

(b) The service contract provider's accounts, books, and

records shall include the following:

(1) copies of each type of service contract sold;

(2) the name and address of each service contract

holder, to the extent extend that the name and address has

been furnished by the service contract holder;

(3) a list of the locations where service contracts are

marketed, sold, or offered for sale; and

(4) written claims files which shall contain at least

the date and description of claims related to the service

contracts.

(c) Except as provided in subsection (e) of this Section,

the service contract provider shall retain all records required

to be maintained by Section 45 for at least 3 years after the

specified period of coverage has expired.

(d) The records required under this Act may be, but are not

required to be, maintained on a computer disk or other record

keeping technology. If the records are maintained in other than

hard copy, the records shall be capable of duplication to

legible hard copy at the request of the Director.

(e) A service contract provider discontinuing business in

this State shall maintain its records until it furnishes the

Director satisfactory proof that it has discharged all

obligations to service contract holders in this State.

(Source: P.A. 90-711, eff. 8-7-98; revised 11-25-14.)

Section 260. The Child Care Act of 1969 is amended by

changing Sections 2.04 and 2.17 as follows:

(225 ILCS 10/2.04) (from Ch. 23, par. 2212.04)

Sec. 2.04. "Related" means any of the following

relationships by blood, marriage, civil union, or adoption:

parent, grandparent, great-grandparent, great-uncle,

great-aunt, brother, sister, stepgrandparent, stepparent,

stepbrother, stepsister, uncle, aunt, nephew, niece, fictive

kin as defined in Section 7 of the Children and Family Services

Act, or first cousin or second cousin. A person is related to a

child as a first cousin or a second cousin if they are both

related to the same ancestor as either grandchild or

great-grandchild. A child whose parent has executed a consent,

a surrender, or a waiver pursuant to Section 10 of the Adoption

Act, whose parent has signed a denial of paternity pursuant to

Section 12 of the Vital Records Act or Section 12a of the

Adoption Act, or whose parent has had his or her parental

rights terminated is not a related child to that person, unless

(1) the consent is determined to be void or is void pursuant to

subsection O of Section 10 of the Adoption Act; or (2) the

parent of the child executed a consent to adoption by a

specified person or persons pursuant to subsection A-1 of

Section 10 of the Adoption Act and a court finds that the

consent is void; or (3) the order terminating the parental

rights of the parent is vacated by a court of competent

jurisdiction.

(Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; revised

10-2-14.)

(225 ILCS 10/2.17) (from Ch. 23, par. 2212.17)

Sec. 2.17. "Foster family home" means a facility for child

care in residences of families who receive no more than 8

children unrelated to them, unless all the children are of

common parentage, or residences of relatives who receive no

more than 8 related children placed by the Department, unless

the children are of common parentage, for the purpose of

providing family care and training for the children on a

full-time basis, except the Director of Children and Family

Services, pursuant to Department regulations, may waive the

limit of 8 children unrelated to an adoptive family for good

cause and only to facilitate an adoptive placement. The

family's or relative's own children, under 18 years of age,

shall be included in determining the maximum number of children

served. For purposes of this Section, a "relative" includes any

person, 21 years of age or over, other than the parent, who (i)

is currently related to the child in any of the following ways

by blood or adoption: grandparent, sibling, great-grandparent,

uncle, aunt, nephew, niece, first cousin, great-uncle, or

great-aunt; or (ii) is the spouse of such a relative; or (iii)

is a child's step-father, step-mother, or adult step-brother or

step-sister; or (iv) is a fictive kin; "relative" also includes

a person related in any of the foregoing ways to a sibling of a

child, even though the person is not related to the child, when

the child and its sibling are placed together with that person.

For purposes of placement of children pursuant to Section 7 of

the Children and Family Services Act and for purposes of

licensing requirements set forth in Section 4 of this Act, for

children under the custody or guardianship of the Department

pursuant to the Juvenile Court Act of 1987, after a parent

signs a consent, surrender, or waiver or after a parent's

rights are otherwise terminated, and while the child remains in

the custody or guardianship of the Department, the child is

considered to be related to those to whom the child was related

under this Section prior to the signing of the consent,

surrender, or waiver or the order of termination of parental

rights. The term "foster family home" includes homes receiving

children from any State-operated institution for child care; or

from any agency established by a municipality or other

political subdivision of the State of Illinois authorized to

provide care for children outside their own homes. The term

"foster family home" does not include an "adoption-only home"

as defined in Section 2.23 of this Act. The types of foster

family homes are defined as follows:

(a) "Boarding home" means a foster family home which

receives payment for regular full-time care of a child or

children.

(b) "Free home" means a foster family home other than

an adoptive home which does not receive payments for the

care of a child or children.

(c) "Adoptive home" means a foster family home which

receives a child or children for the purpose of adopting

the child or children.

(d) "Work-wage home" means a foster family home which

receives a child or children who pay part or all of their

board by rendering some services to the family not

prohibited by the Child Labor Law or by standards or

regulations of the Department prescribed under this Act.

The child or children may receive a wage in connection with

the services rendered the foster family.

(e) "Agency-supervised home" means a foster family

home under the direct and regular supervision of a licensed

child welfare agency, of the Department of Children and

Family Services, of a circuit court, or of any other State

agency which has authority to place children in child care

facilities, and which receives no more than 8 children,

unless of common parentage, who are placed and are

regularly supervised by one of the specified agencies.

(f) "Independent home" means a foster family home,

other than an adoptive home, which receives no more than 4

children, unless of common parentage, directly from

parents, or other legally responsible persons, by

independent arrangement and which is not subject to direct

and regular supervision of a specified agency except as

such supervision pertains to licensing by the Department.

(Source: P.A. 98-804, eff. 1-1-15; 98-846, eff. 1-1-15; revised

10-2-14.)

Section 265. The Health Care Worker Background Check Act is

amended by changing Section 70 as follows:

(225 ILCS 46/70)

Sec. 70. Centers for Medicare and Medicaid Services (CMMS)

grant; Voluntary FBI Fingerprint Demonstration Project.

(a) The General Assembly authorizes the establishment of

the Voluntary FBI Fingerprint Demonstration Project

(Demonstration Project), which shall be consistent with the

provisions of the Centers for Medicare and Medicaid Services

grant awarded to and distributed by the Department of Public

Health pursuant to Title VI, Subtitle B, Part III, Subtitle C,

Section 6201 of the Affordable Care Act of 2010. The

Demonstration Project is authorized to operate for the period

of January 1, 2014 through December 31, 2014 and shall operate

until the conclusion of this grant period or until the

long-term care facility terminates its participation in the

Demonstration Project, whichever occurs sooner.

(b) The Long-Term Care Facility Advisory Board established

under the Nursing Home Care Act shall act in an advisory

capacity to the Demonstration Project.

(c) Long-term care facilities voluntarily participating in

the Demonstration Project shall, in addition to the provisions

of this Section, comply with all requirements set forth in this

Act. When conflict between the Act and the provisions of this

Section occurs, the provisions of this Section shall supersede

until the conclusion of the grant period or until the long-term

care facility terminates its participation in the

Demonstration Project, whichever occurs sooner.

(d) The Department of Public Health shall select at least

one facility in the State to participate in the Demonstration

Project.

(e) For the purposes of determining who shall be required

to undergo a State and an FBI fingerprint-based criminal

history records check under the Demonstration Project, "direct

access employee" means any individual who has access to a

patient or resident of a long-term care facility or provider

through employment or through a contract with a long-term care

facility or provider and has duties that involve or may involve

one-on-one contact with a resident of the facility or provider,

as determined by the State for purposes of the Demonstration

Project.

(f) All long-term care facilities licensed under the

Nursing Home Care Act are qualified to volunteer for the

Demonstration Project.

(g) The Department of Public Health shall notify qualified

long-term care facilities within 30 days after the effective

date of this amendatory Act of the 98th General Assembly of the

opportunity to volunteer for the Demonstration Project. The

notice shall include information concerning application

procedures and deadlines, termination rights, requirements for

participation, the selection process, and a

question-and-answer document addressing potential conflicts

between this Act and the provisions of this Section.

(h) Qualified long-term care facilities shall be given a

minimum of 30 days after the date of receiving the notice to

inform the Department of Public Health, in the form and manner

prescribed by the Department of Public Health, of their

interest in volunteering for the Demonstration Project.

Facilities selected for the Demonstration Project shall be

notified, within 30 days after the date of application, of the

effective date that their participation in the Demonstration

Project will begin, which may vary.

(i) The individual applicant shall be responsible for the

cost of each individual fingerprint inquiry, which may be

offset with grant funds, if available. Community-Integrated

(j) Each applicant seeking employment in a position

described in subsection (e) of this Section with a selected

health care employer shall, as a condition of employment, have

his or her fingerprints submitted to the Department of State

Police in an electronic format that complies with the form and

manner for requesting and furnishing criminal history record

information by the Department of State Police and the Federal

Bureau of Investigation criminal history record databases now

and hereafter filed. The Department of State Police shall

forward the fingerprints to the Federal Bureau of Investigation

for a national criminal history records check. The Department

of State Police shall charge a fee for conducting the criminal

history records check, which shall not exceed the actual cost

of the records check and shall be deposited into the State

Police Services Fund. The Department of State Police shall

furnish, pursuant to positive identification, records of

Illinois convictions to the Department of Public Health.

(k) A fingerprint-based criminal history records check

submitted in accordance with subsection (j) of this Section

shall be submitted as a fee applicant inquiry in the form and

manner prescribed by the Department of State Police.

(l) A long-term care facility may terminate its

participation in the Demonstration Project without prejudice

by providing the Department of Public Health with notice of its

intent to terminate at least 30 days prior to its voluntary

termination.

(m) This Section shall be inapplicable upon the conclusion

of the CMMS grant period.

(Source: P.A. 98-756, eff. 7-16-14; 98-1041, eff. 8-25-14;

revised 10-2-14.)

Section 270. The Home Medical Equipment and Services

Provider License Act is amended by changing Section 35 as

follows:

(225 ILCS 51/35)

(Section scheduled to be repealed on January 1, 2018)

Sec. 35. Qualifications for licensure.

(a) An entity is qualified to receive a license as a home

medical equipment and services provider if the entity meets

each of the following requirements:

(1) complies with all applicable federal and State

licensure and regulatory requirements;

(2) maintains a physical facility and medical

equipment inventory. There shall only be one license

permitted at each address;

(3) establishes proof of commercial general liability

insurance, including but not limited to coverage for

products liability and professional liability;

(4) establishes and provides records of annual

continuing education for personnel engaged in the

delivery, maintenance, repair, cleaning, inventory

control, and financial management of home medical

equipment and services;

(5) maintains records on all patients to whom it

provides home medical equipment and services;

(6) establishes equipment management and personnel

policies;

(7) makes life-sustaining life sustaining home medical

equipment and services available 24 hours per day and 7

days per week;

(8) complies with any additional qualifications for

licensure as determined by rule of the Department.

(b) The Department may request a personal interview of an

applicant before the Board to further evaluate the entity's

qualifications for licensure.

(Source: P.A. 90-532, eff. 11-14-97; revised 11-25-14.)

Section 275. The Nurse Practice Act is amended by changing

Section 80-40 as follows:

(225 ILCS 65/80-40)

Sec. 80-40. Licensure by examination. An applicant for

licensure by examination to practice as a licensed medication

aide must:

(1) submit a completed written application on forms

provided by the Department and fees as established by the

Department;

(2) be age 18 or older;

(3) have a high school diploma or a high school

equivalency certificate of general education development

(GED);

(4) demonstrate the ability able to speak, read, and

write the English language, as determined by rule;

(5) demonstrate competency in math, as determined by

rule;

(6) be currently certified in good standing as a

certified nursing assistant and provide proof of 2,000

hours of practice as a certified nursing assistant within 3

years before application for licensure;

(7) submit to the criminal history records check

required under Section 50-35 of this Act;

(8) have not engaged in conduct or behavior determined

to be grounds for discipline under this Act;

(9) be currently certified to perform cardiopulmonary

resuscitation by the American Heart Association or

American Red Cross;

(10) have successfully completed a course of study

approved by the Department as defined by rule; to be

approved, the program must include a minimum of 60 hours of

classroom-based medication aide education, a minimum of 10

hours of simulation laboratory study, and a minimum of 30

hours of registered nurse-supervised clinical practicum

with progressive responsibility of patient medication

assistance;

(11) have successfully completed the Medication Aide

Certification Examination or other examination authorized

by the Department; and

(12) submit proof of employment by a qualifying

facility.

(Source: P.A. 98-990, eff. 8-18-14; revised 11-26-14.)

Section 280. The Veterinary Medicine and Surgery Practice

Act of 2004 is amended by changing Section 25 as follows:

(225 ILCS 115/25) (from Ch. 111, par. 7025)

(Section scheduled to be repealed on January 1, 2024)

Sec. 25. Disciplinary actions.

1. The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department may

deem appropriate, including imposing fines not to exceed

$10,000 for each violation and the assessment of costs as

provided for in Section 25.3 of this Act, with regard to any

license or certificate for any one or combination of the

following:

A. Material misstatement in furnishing information to

the Department.

B. Violations of this Act, or of the rules adopted

pursuant to this Act.

C. Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States that is

(i) a felony or (ii) a misdemeanor, an essential element of

which is dishonesty, or that is directly related to the

practice of the profession.

D. Fraud or any misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act.

E. Professional incompetence.

F. Malpractice.

G. Aiding or assisting another person in violating any

provision of this Act or rules.

H. Failing, within 60 days, to provide information in

response to a written request made by the Department.

I. Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

J. Habitual or excessive use or abuse of drugs defined

in law as controlled substances, alcohol, or any other

substance that results in the inability to practice with

reasonable judgment, skill, or safety.

K. Discipline by another state, unit of government,

government agency, District of Columbia, territory, or

foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to those

set forth herein.

L. Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

M. A finding by the Board that the licensee or

certificate holder, after having his license or

certificate placed on probationary status, has violated

the terms of probation.

N. Willfully making or filing false records or reports

in his practice, including but not limited to false records

filed with State agencies or departments.

O. Physical illness, including but not limited to,

deterioration through the aging process, or loss of motor

skill which results in the inability to practice under this

Act with reasonable judgment, skill, or safety.

P. Solicitation of professional services other than

permitted advertising.

Q. Allowing one's license under this Act to be used by

an unlicensed person in violation of this Act.

R. Conviction of or cash compromise of a charge or

violation of the Harrison Act or the Illinois Controlled

Substances Act, regulating narcotics.

S. Fraud or dishonesty in applying, treating, or

reporting on tuberculin or other biological tests.

T. Failing to report, as required by law, or making

false report of any contagious or infectious diseases.

U. Fraudulent use or misuse of any health certificate,

shipping certificate, brand inspection certificate, or

other blank forms used in practice that might lead to the

dissemination of disease or the transportation of diseased

animals dead or alive; or dilatory methods, willful

neglect, or misrepresentation in the inspection of milk,

meat, poultry, and the by-products thereof.

V. Conviction on a charge of cruelty to animals.

W. Failure to keep one's premises and all equipment

therein in a clean and sanitary condition.

X. Failure to provide satisfactory proof of having

participated in approved continuing education programs.

Y. Mental illness or disability that results in the

inability to practice under this Act with reasonable

judgment, skill, or safety.

Z. Conviction by any court of competent jurisdiction,

either within or outside this State, of any violation of

any law governing the practice of veterinary medicine, if

the Department determines, after investigation, that the

person has not been sufficiently rehabilitated to warrant

the public trust.

AA. Promotion of the sale of drugs, devices,

appliances, or goods provided for a patient in any manner

to exploit the client for financial gain of the

veterinarian.

BB. Gross, willful, or continued overcharging for

professional services.

CC. Practicing under a false or, except as provided by

law, an assumed name.

DD. Violating state or federal laws or regulations

relating to controlled substances or legend drugs.

EE. Cheating on or attempting to subvert the licensing

examination administered under this Act.

FF. Using, prescribing, or selling a prescription drug

or the extra-label use of a prescription drug by any means

in the absence of a valid veterinarian-client-patient

relationship.

GG. Failing to report a case of suspected aggravated

cruelty, torture, or animal fighting pursuant to Section

3.07 or 4.01 of the Humane Care for Animals Act or Section

26-5 or 48-1 of the Criminal Code of 1961 or the Criminal

Code of 2012.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the fine

or in accordance with the terms set forth in the order imposing

the fine.

2. The determination by a circuit court that a licensee or

certificate holder is subject to involuntary admission or

judicial admission as provided in the Mental Health and

Developmental Disabilities Code operates as an automatic

suspension. The suspension will end only upon a finding by a

court that the patient is no longer subject to involuntary

admission or judicial admission and issues an order so finding

and discharging the patient. In any case where a license is

suspended under this provision, the licensee shall file a

petition for restoration and shall include evidence acceptable

to the Department that the licensee can resume practice in

compliance with acceptable and prevailing standards of his or

her their profession.

3. 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 or

certificate 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

proceedings brought for violations of items (CC), (DD), or

(EE), no action shall be commenced more than 5 years after the

date of the incident or act alleged to have violated 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, the

claim, cause of action, or civil action being grounded on the

allegation that a person licensed or certified under this Act

was negligent in providing care, the Department shall have an

additional period of one year from the date of the settlement

or final judgment in which to investigate and begin formal

disciplinary proceedings under Section 25.2 of this Act, except

as otherwise provided by law. The time during which the holder

of the license or certificate was outside the State of Illinois

shall not be included within any period of time limiting the

commencement of disciplinary action by the Department.

4. The Department may refuse to issue or may suspend

without hearing, as provided for in the Illinois Code of Civil

Procedure, the license of any person who fails to file a

return, to pay the tax, penalty, or interest shown in a filed

return, or to pay any final assessment of tax, penalty, or

interest as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied in accordance

with subsection (g) of Section 2105-15 of the Civil

Administrative Code of Illinois.

5. In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual who

is registered under this Act or any individual who has applied

for registration to submit to a mental or physical examination

or evaluation, or both, which may include a substance abuse or

sexual offender evaluation, at the expense of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination and evaluation.

The multidisciplinary team shall be led by a physician licensed

to practice medicine in all of its branches and may consist of

one or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed chiropractic

physicians, licensed clinical psychologists, licensed clinical

social workers, licensed clinical professional counselors, and

other professional and administrative staff. Any examining

physician or member of the multidisciplinary team may require

any person ordered to submit to an examination and evaluation

pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or

neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning this examination and

evaluation of the registrant or applicant, including testimony

concerning any supplemental testing or documents relating to

the examination and evaluation. No information, report,

record, or other documents in any way related to the

examination and evaluation shall be excluded by reason of any

common law or statutory privilege relating to communication

between the licensee or applicant and the examining physician

or any member of the multidisciplinary team. No authorization

is necessary from the registrant or applicant ordered to

undergo an evaluation and examination for the examining

physician or any member of the multidisciplinary team to

provide information, reports, records, or other documents or to

provide any testimony regarding the examination and

evaluation. The individual to be examined may have, at his or

her own expense, another physician of his or her choice present

during all aspects of the examination.

Failure of any individual to submit to mental or physical

examination or evaluation, or both, when directed, shall result

in an automatic suspension without hearing, until such time as

the individual submits to the examination. If the Department

finds a registrant unable to practice because of the reasons

set forth in this Section, the Department shall require such

registrant to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition for continued, reinstated, or renewed registration.

In instances in which the Secretary immediately suspends a

registration under this Section, a hearing upon such person's

registration must be convened by the Department within 15 days

after such suspension and completed without appreciable delay.

The Department shall have the authority to review the

registrant's record of treatment and counseling regarding the

impairment to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

Individuals registered under this Act who that are affected

under this Section, shall be afforded an opportunity to

demonstrate to the Department that they can resume practice in

compliance with acceptable and prevailing standards under the

provisions of their registration.

6. The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with paragraph (5) of

subsection (a) of Section 2105-15 of the Civil Administrative

Code of Illinois.

7. In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with paragraph (5)

of subsection (a) of Section 2105-15 1205-15 of the Civil

Administrative Code of Illinois.

(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;

98-339, eff. 12-31-13; revised 11-25-14.)

Section 285. The Professional Engineering Practice Act of

1989 is amended by changing Section 11 as follows:

(225 ILCS 325/11) (from Ch. 111, par. 5211)

(Section scheduled to be repealed on January 1, 2020)

Sec. 11. Minimum standards for examination for enrollment

as engineer intern. Each of the following is considered a

minimum standard that an applicant must satisfy to qualify for

enrollment as an engineer intern: .

(a) A graduate of an approved engineering curriculum of

at least 4 years, who has passed an examination in the

fundamentals of engineering as defined by rule, shall be

enrolled as an engineer intern, if the applicant is

otherwise qualified; or

(b) An applicant in the last year of an approved

engineering curriculum who passes an examination in the

fundamentals of engineering as defined by rule and

furnishes proof that the applicant graduated within a 12

month period following the examination shall be enrolled as

an engineer intern, if the applicant is otherwise

qualified; or

(c) A graduate of a non-approved engineering

curriculum or a related science curriculum of at least 4

years and which meets the requirements as set forth by rule

by submitting an application to the Department for its

review and approval, who submits acceptable evidence to the

Board of an additional 4 years or more of progressive

experience in engineering work, and who has passed an

examination in the fundamentals of engineering as defined

by rule shall be enrolled as an engineer intern, if the

applicant is otherwise qualified.

(Source: P.A. 98-713, eff. 7-16-14; revised 11-25-14.)

Section 290. The Barber, Cosmetology, Esthetics, Hair

Braiding, and Nail Technology Act of 1985 is amended by

changing Section 2-4 as follows:

(225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2-4. Licensure as a barber teacher; qualifications. A

person is qualified to receive a license as a barber teacher if

that person files an application on forms provided by the

Department, pays the required fee, and:

a. Is at least 18 years of age;

b. Has graduated from high school or its equivalent;

c. Has a current license as a barber or cosmetologist;

d. Has graduated from a barber school or school of

cosmetology approved by the Department having:

(1) completed a total of 500 hours in barber

teacher training extending over a period of not less

than 3 months nor more than 2 years and has had 3 years

of practical experience as a licensed barber;

(2) completed a total of 1,000 hours of barber

teacher training extending over a period of not less

than 6 months nor more than 2 years; or

(3) completed the cosmetology teacher training as

specified in paragraph (4) of subsection (a) of Section

3-4 of this Act and completed a supplemental barbering

course as established by rule; and

e. Has passed an examination authorized by the

Department to determine fitness to receive a license as a

barber teacher or a cosmetology teacher; and

f. Has met any other requirements set forth in this

Act.

An applicant who is issued a license as a Barber Teacher is

not required to maintain a barber license in order to practice

barbering as defined in this Act.

(Source: P.A. 97-777, eff. 7-13-12; 98-911, eff. 1-1-15;

revised 11-25-14.)

Section 295. The Cemetery Oversight Act is amended by

changing Section 5-25 as follows:

(225 ILCS 411/5-25)

(Section scheduled to be repealed on January 1, 2021)

Sec. 5-25. Powers of the Department. Subject to the

provisions of this Act, the Department may exercise the

following powers:

(1) Authorize certification programs to ascertain the

qualifications and fitness of applicants for licensing as a

licensed cemetery manager or as a customer service employee

to ascertain whether they possess the requisite level of

knowledge for such position.

(2) Examine a licensed cemetery authority's records

from any year or any other aspects of cemetery operation as

the Department deems appropriate.

(3) Investigate any and all cemetery operations.

(4) Conduct hearings on proceedings to refuse to issue

or renew licenses or to revoke, suspend, place on

probation, reprimand, or otherwise discipline a license

under this Act or take other non-disciplinary action.

(5) Adopt reasonable rules required for the

administration of this Act.

(6) Prescribe forms to be issued for the administration

and enforcement of this Act.

(7) Maintain rosters of the names and addresses of all

licensees and all persons whose licenses have been

suspended, revoked, denied renewal, or otherwise

disciplined within the previous calendar year. These

rosters shall be available upon written request and payment

of the required fee as established by rule.

(8) Work with the Office of the Comptroller and the

Department of Public Health, Division of Vital Records to

exchange information and request additional information

relating to a licensed cemetery authority. ;

(9) Investigate cemetery contracts, grounds, or

employee records.

If the Department exercises its authority to conduct

investigations under this Section, the Department shall

provide the cemetery authority with information sufficient to

challenge the allegation. If the complainant consents, then the

Department shall provide the cemetery authority with the

identity of and contact information for the complainant so as

to allow the cemetery authority and the complainant to resolve

the complaint directly. Except as otherwise provided in this

Act, any complaint received by the Department and any

information collected to investigate the complaint shall be

maintained by the Department for the confidential use of the

Department and shall not be disclosed. The Department may not

disclose the information to anyone other than law enforcement

officials or other regulatory agencies or persons that have an

appropriate regulatory interest, as determined by the

Secretary, or to a party presenting a lawful subpoena to the

Department. Information and documents disclosed to a federal,

state, county, or local law enforcement agency shall not be

disclosed by the agency for any purpose to any other agency or

person. A formal complaint filed against a licensee by the

Department or any order issued by the Department against a

licensee or applicant shall be a public record, except as

otherwise prohibited by law.

(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12; revised

11-25-14.)

Section 300. The Community Association Manager Licensing

and Disciplinary Act is amended by changing Section 155 as

follows:

(225 ILCS 427/155)

(Section scheduled to be repealed on January 1, 2020)

Sec. 155. Violations; penalties.

(a) A person who violates any of the following provisions

shall be guilty of a Class A misdemeanor; a person who commits

a second or subsequent violation of these provisions is guilty

of a Class 4 felony:

(1) The practice of or attempted practice of or holding

out as available to practice as a community association

manager, or supervising community association manager

without a license.

(2) Operation of or attempt to operate a community

association management firm without a firm license or a

designated supervising community association manager.

(3) The obtaining of or the attempt to obtain any

license or authorization issued under this Act by

fraudulent misrepresentation.

(b) Whenever a licensee is convicted of a felony related to

the violations set forth in this Section, the clerk of the

court in any jurisdiction shall promptly report the conviction

to the Department and the Department shall immediately revoke

any license authorized under this Act held by that licensee.

The licensee shall not be eligible for licensure under this Act

until at least 10 years have elapsed since the time of full

discharge from any sentence imposed for a felony conviction. If

any person in making any oath or affidavit required by this Act

swears falsely, the person is guilty of perjury and may be

punished accordingly.

(Source: P.A. 98-365, eff. 1-1-14; revised 11-25-14.)

Section 305. The Illinois Public Accounting Act is amended

by changing Sections 0.02, 0.03, and 14.4 as follows:

(225 ILCS 450/0.02) (from Ch. 111, par. 5500.02)

(Section scheduled to be repealed on January 1, 2024)

Sec. 0.02. Declaration of public policy. It is the policy

of this State and the purpose of this Act:

(a) to To promote the dependability of information

which is used for guidance in financial transactions or for

accounting for or assessing the status or performance of

commercial and noncommercial enterprises, whether public,

private, or governmental; and

(b) to To protect the public interest by requiring that

persons engaged in the practice of public accounting be

qualified; that a public authority competent to prescribe

and assess the qualifications of public accountants be

established; and that

(c) that preparing Preparing, auditing, or examining

financial statements and issuing a report expressing or

disclaiming an opinion on such statements or expressing

assurance on such statements be reserved to persons who

demonstrate their ability and fitness to observe and apply

the standards of the accounting profession; and that the

use of accounting titles likely to confuse the public be

prohibited.

(Source: P.A. 98-254, eff. 8-9-13; revised 11-25-14.)

(225 ILCS 450/0.03) (from Ch. 111, par. 5500.03)

(Section scheduled to be repealed on January 1, 2024)

Sec. 0.03. Definitions. As used in this Act, unless the

context otherwise requires:

"Accountancy activities" means the services as set forth in

Section 8.05 of the Act.

"Address of record" means the designated address recorded

by the Department in the applicant's, licensee's, or

registrant's application file or license file maintained by the

Department's licensure maintenance unit. It is the duty of the

applicant, licensee, or registrant to inform the Department of

any change of address, and those changes must be made either

through the Department's website or by directly contacting the

Department.

"Certificate" means a certificate issued by the Board or

University or similar jurisdictions specifying an individual

has successfully passed all sections and requirements of the

Uniform Certified Public Accountant Examination. A certificate

issued by the Board or University or similar jurisdiction does

not confer the ability to use the CPA title and is not

equivalent to a registration or license under this Act.

"Compilation" means providing a service to be performed in

accordance with Statements on Standards for Accounting and

Review Services that is presented in the form of financial

statements or information that is the representation of

management or owners without undertaking to express any

assurance on the statements.

"CPA" or "C.P.A." means a certified public accountant who

holds a license or registration issued by the Department or an

individual authorized to use the CPA title under Section 5.2 of

this Act.

"CPA firm" means a sole proprietorship, a corporation,

registered limited liability partnership, limited liability

company, partnership, professional service corporation, or any

other form of organization issued a license in accordance with

this Act.

"CPA (inactive)" means a licensed certified public

accountant who elects to have the Department place his or her

license on inactive status pursuant to Section 17.2 of this

Act.

"Financial statement" means a structured presentation of

historical financial information, including, but not limited

to, related notes intended to communicate an entity's economic

resources and obligations at a point in time or the changes

therein for a period of time in accordance with generally

accepted accounting principles (GAAP) or other comprehensive

basis of accounting (OCBOA).

"Other attestation engagements" means an engagement

performed in accordance with the Statements on Standards for

Attestation Engagements.

"Registered Certified Public Accountant" or "registered

CPA" means any person who has been issued a registration under

this Act as a Registered Certified Public Accountant.

"Report", when used with reference to financial

statements, means an opinion, report, or other form of language

that states or implies assurance as to the reliability of any

financial statements and that also includes or is accompanied

by any statement or implication that the person or firm issuing

it has special knowledge or competence in accounting or

auditing. Such a statement or implication of special knowledge

or competence may arise from use by the issuer of the report of

names or titles indicating that the person or firm is an

accountant or auditor, or from the language of the report

itself. "Report" includes any form of language that disclaims

an opinion when the form of language is conventionally

understood to imply any positive assurance as to the

reliability of the financial statements referred to or special

competence on the part of the person or firm issuing such

language; it includes any other form of language that is

conventionally understood to imply such assurance or such

special knowledge or competence.

"Licensed Certified Public Accountant" or "licensed CPA"

means any person licensed under this Act as a Licensed

Certified Public Accountant.

"Committee" means the Public Accountant Registration and

Licensure Committee appointed by the Secretary.

"Department" means the Department of Financial and

Professional Regulation.

"License", "licensee", and "licensure" refer refers to the

authorization to practice under the provisions of this Act.

"Peer review" means a study, appraisal, or review of one or

more aspects of a CPA firm's or sole practitioner's compliance

with applicable accounting, auditing, and other attestation

standards adopted by generally recognized standard-setting

bodies.

"Principal place of business" means the office location

designated by the licensee from which the person directs,

controls, and coordinates his or her professional services.

"Review committee" means any person or persons conducting,

reviewing, administering, or supervising a peer review

program.

"Secretary" means the Secretary of the Department of

Financial and Professional Regulation.

"University" means the University of Illinois.

"Board" means the Board of Examiners established under

Section 2.

"Registration", "registrant", and "registered" refer to

the authorization to hold oneself out as or use the title

"Registered Certified Public Accountant" or "Certified Public

Accountant", unless the context otherwise requires.

"Peer Review Administrator" means an organization

designated by the Department that meets the requirements of

subsection (f) of Section 16 of this Act and other rules that

the Department may adopt.

(Source: P.A. 98-254, eff. 8-9-13; revised 11-25-14.)

(225 ILCS 450/14.4)

(Section scheduled to be repealed on January 1, 2024)

Sec. 14.4. Qualifications for licensure as a CPA firm. The

Department may license as licensed CPA firms individuals or

entities meeting the following requirements:

(1) A majority of the ownership of the firm, in terms

of financial interests and voting rights of all partners,

officers, shareholders, or members, belongs to persons

licensed or registered in some state. All partners,

officers, shareholders, or members, whose principal place

of business is in this State and who have overall

responsibility for accountancy activities in this State,

as defined in paragraph (1) of subsection (a) of Section

8.05 of this Act, must hold a valid license as a licensed

CPA issued by this State. An individual exercising the

practice privilege afforded under Section 5.2 who performs

services for which a firm license is required under

subsection (d) of Section 5.2 shall not be required to

obtain an individual license under this Act.

(2) All owners of the CPA firm, whether licensed as a

licensed CPA or not, shall be active participants in the

CPA firm or its affiliated entities and shall comply with

the rules adopted under this Act.

(3) It shall be lawful for a nonprofit cooperative

association engaged in rendering an auditing and

accounting service to its members only to continue to

render that service provided that the rendering of an

auditing and accounting service by the cooperative

association shall at all times be under the control and

supervision of licensed CPAs.

(4) An individual who supervises services for which a

license is required under paragraph (1) of subsection (a)

of Section 8.05 of this Act, who signs or authorizes

another to sign any report for which a license is required

under paragraph (1) of subsection (a) of Section 8.05 of

this Act, or who supervises services for which a CPA firm

license is required under subsection (d) of Section 5.2 of

this Act shall hold a valid, active licensed CPA license

from this State or another state considered to be

substantially equivalent under paragraph (1) of subsection

(a) of Section 5.2.

(5) The CPA firm shall designate to the Department in

writing an individual licensed as a licensed CPA under this

Act or, in the case of a firm that must have a CPA firm

license pursuant to subsection (b) of Section 13 of this

Act, a licensee of another state who meets the requirements

set out in paragraph (1) or (2) of subsection (a) of

Section 5.2 of this Act, who shall be responsible for the

proper licensure of the CPA firm.

(Source: P.A. 98-254, eff. 8-9-13; 98-730, eff. 1-1-15; revised

11-25-14.)

Section 310. The Real Estate Appraiser Licensing Act of

2002 is amended by changing Section 5-5 as follows:

(225 ILCS 458/5-5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-5. Necessity of license; use of title; exemptions.

(a) It is unlawful for a person to (i) act, offer services,

or advertise services as a State certified general real estate

appraiser, State certified residential real estate appraiser,

or associate real estate trainee appraiser, (ii) develop a real

estate appraisal, (iii) practice as a real estate appraiser, or

(iv) advertise or hold himself or herself out to be a real

estate appraiser without a license issued under this Act. A

person who violates this subsection is guilty of a Class A

misdemeanor for a first offense and a Class 4 felony for any

subsequent offense.

(a-5) It is unlawful for a person, unless registered as an

appraisal management company, to solicit clients or enter into

an appraisal engagement with clients without either a certified

residential real estate appraiser license or a certified

general real estate appraiser license issued under this Act. A

person who violates this subsection is guilty of a Class A

misdemeanor for a first offense and a Class 4 felony for any

subsequent offense.

(b) It is unlawful for a person, other than a person who

holds a valid license issued pursuant to this Act as a State

certified general real estate appraiser, a State certified

residential real estate appraiser, or an associate real estate

trainee appraiser to use these titles or any other title,

designation, or abbreviation likely to create the impression

that the person is licensed as a real estate appraiser pursuant

to this Act. A person who violates this subsection is guilty of

a Class A misdemeanor for a first offense and a Class 4 felony

for any subsequent offense.

(c) This Act does not apply to a person who holds a valid

license as a real estate broker or managing broker pursuant to

the Real Estate License Act of 2000 who prepares or provides a

broker price opinion or comparative market analysis in

compliance with Section 10-45 of the Real Estate License Act of

2000.

(d) Nothing in this Act shall preclude a State certified

general real estate appraiser, a State certified residential

real estate appraiser, or an associate real estate trainee

appraiser from rendering appraisals for or on behalf of a

partnership, association, corporation, firm, or group.

However, no State appraisal license or certification shall be

issued under this Act to a partnership, association,

corporation, firm, or group.

(e) This Act does not apply to a county assessor, township

assessor, multi-township assessor, county supervisor of

assessments, or any deputy or employee of any county assessor,

township assessor, multi-township assessor, or county

supervisor of assessments who is performing his or her

respective duties in accordance with the provisions of the

Property Tax Code.

(e-5) For the purposes of this Act, valuation waivers may

be prepared by a licensed appraiser notwithstanding any other

provision of this Act, and the following types of valuations

are not appraisals and may not be represented to be appraisals,

and a license is not required under this Act to perform such

valuations if the valuations are performed by (1) an employee

of the Illinois Department of Transportation who has completed

a minimum of 45 hours of course work in real estate appraisal,

including the principals of real estate appraisals, appraisal

of partial acquisitions, easement valuation, reviewing

appraisals in eminent domain, appraisal for federal aid highway

programs, and appraisal review for federal aid highway programs

and has at least 2 years' experience in a field closely related

to real estate; (2) a county engineer who is a registered

professional engineer under the Professional Engineering

Practice Act of 1989; (3) an employee of a municipality who has

(i) completed a minimum of 45 hours of coursework in real

estate appraisal, including the principals of real estate

appraisals, appraisal of partial acquisitions, easement

valuation, reviewing appraisals in eminent domain, appraisal

for federal aid highway programs, and appraisal review for

federal aid highway programs and (ii) has either 2 years'

experience in a field clearly related to real estate or has

completed 20 hours of additional coursework that is sufficient

for a person to complete waiver valuations as approved by the

Federal Highway Administration; or (4) a municipal engineer who

has completed coursework that is sufficient for his or her

waiver valuations to be approved by the Federal Highway

Administration and who is a registered professional engineer

under the Professional Engineering Act of 1989, under the

following circumstances:

(A) a valuation waiver in an amount not to exceed

$10,000 prepared pursuant to the federal Uniform

Relocation Assistance and Real Property Acquisition

Policies Act of 1970, or prepared pursuant to the federal

Uniform Relocation Assistance and Real Property

Acquisition for Federal and Federally-Assisted Programs

regulations and which is performed by (1) an employee of

the Illinois Department of Transportation and co-signed,

with a license number affixed, by another employee of the

Illinois Department of Transportation who is a registered

professional engineer under the Professional Engineering

Practice Act of 1989 or (2) an employee of a municipality

and co-signed with a license number affixed by a county or

municipal engineer who is a registered professional

engineer under the Professional Engineering Practice Act

of 1989; and

(B) a valuation waiver in an amount not to exceed

$10,000 prepared pursuant to the federal Uniform

Relocation Assistance and Real Property Acquisition

Policies Act of 1970, or prepared pursuant to the federal

Uniform Relocation Assistance and Real Property

Acquisition for Federal and Federally-Assisted Programs

regulations and which is performed by a county or municipal

engineer who is employed by a county or municipality and is

a registered professional engineer under the Professional

Engineering Practice Act of 1989. In addition to his or her

signature, the county or municipal engineer shall affix his

or her license number to the valuation.

Nothing in this subsection (e-5) shall be construed to

allow the State of Illinois, a political subdivision thereof,

or any public body to acquire real estate by eminent domain in

any manner other than provided for in the Eminent Domain Act.

(f) A State real estate appraisal certification or license

is not required under this Act for any of the following:

(1) A person, partnership, association, or corporation

that performs appraisals of property owned by that person,

partnership, association, or corporation for the sole use

of that person, partnership, association, or corporation.

(2) A court-appointed commissioner who conducts an

appraisal pursuant to a judicially ordered evaluation of

property.

However, any person who is certified or licensed under this Act

and who performs any of the activities set forth in this

subsection (f) must comply with the provisions of this Act. A

person who violates this subsection (f) is guilty of a Class A

misdemeanor for a first offense and a Class 4 felony for any

subsequent offense.

(g) This Act does not apply to an employee, officer,

director, or member of a credit or loan committee of a

financial institution or any other person engaged by a

financial institution when performing an evaluation of real

property for the sole use of the financial institution in a

transaction for which the financial institution would not be

required to use the services of a State licensed or State

certified appraiser pursuant to federal regulations adopted

under Title XI of the federal Financial Institutions Reform,

Recovery, and Enforcement Act of 1989, nor does this Act apply

to the procurement of an automated valuation model.

"Automated valuation model" means an automated system that

is used to derive a property value through the use of publicly

available property records and various analytic methodologies

such as comparable sales prices, home characteristics, and

historical home price appreciations.

(Source: P.A. 97-602, eff. 8-26-11; 98-444, eff. 8-16-13;

98-933, eff. 1-1-15; 98-1109, eff. 1-1-15; revised 10-2-14.)

Section 315. The Illinois Oil and Gas Act is amended by

changing Section 1 as follows:

(225 ILCS 725/1) (from Ch. 96 1/2, par. 5401)

Sec. 1. Unless the context otherwise requires, the words

defined in this Section have the following meanings as used in

this Act.

"Person" means any natural person, corporation,

association, partnership, governmental agency or other legal

entity, receiver, trustee, guardian, executor, administrator,

fiduciary or representative of any kind.

"Oil" means natural crude oil or petroleum and other

hydrocarbons, regardless of gravity, which are produced at the

well in liquid form by ordinary production methods or by the

use of an oil and gas separator and which are not the result of

condensation of gas after it leaves the underground reservoir.

"Gas" means all natural gas, including casinghead gas, and

all other natural hydrocarbons not defined above as oil.

"Pool" means a natural, underground reservoir containing

in whole or in part, a natural accumulation of oil or gas, or

both. Each productive zone or stratum of a general structure,

which is completely separated from any other zone or stratum in

the structure, is deemed a separate "pool" as used herein.

"Field" means the same general surface area which is

underlaid or appears to be underlaid by one or more pools.

"Permit" means the Department's written authorization

allowing a well to be drilled, deepened, converted, or operated

by an owner.

"Permittee" means the owner holding or required to hold the

permit, and who is also responsible for paying assessments in

accordance with Section 19.7 of this Act and, where applicable,

executing and filing the bond associated with the well as

principal and who is responsible for compliance with all

statutory and regulatory requirements pertaining to the well.

When the right and responsibility for operating a well is

vested in a receiver or trustee appointed by a court of

competent jurisdiction, the permit shall be issued to the

receiver or trustee.

"Orphan Well" means a well for which: (1) no fee assessment

under Section 19.7 of this Act has been paid or no other bond

coverage has been provided for 2 consecutive years; (2) no oil

or gas has been produced from the well or from the lease or

unit on which the well is located for 2 consecutive years; and

(3) no permittee or owner can be identified or located by the

Department. Orphaned wells include wells that may have been

drilled for purposes other than those for which a permit is

required under this Act if the well is a conduit for oil or

salt water intrusions into fresh water zones or onto the

surface which may be caused by oil and gas operations.

"Owner" means the person who has the right to drill into

and produce from any pool, and to appropriate the production

either for the person or for the person and another, or others,

or solely for others, excluding the mineral owner's royalty if

the right to drill and produce has been granted under an oil

and gas lease. An owner may also be a person granted the right

to drill and operate an injection (Class II UIC) well

independent of the right to drill for and produce oil or gas.

When the right to drill, produce, and appropriate production is

held by more than one person, then all persons holding these

rights may designate the owner by a written operating agreement

or similar written agreement. In the absence of such an

agreement, and subject to the provisions of Sections 22.2 and

23.1 through 23.16 of this Act, the owner shall be the person

designated in writing by a majority in interest of the persons

holding these rights.

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

"Mining Board" means the State Mining Board in the

Department of Natural Resources, Office of Mines and Minerals.

"Mineral Owner's Royalty" means the share of oil and gas

production reserved in an oil and gas lease free of all costs

by an owner of the minerals whether denominated royalty or

overriding royalty.

"Waste" means "physical waste" as that term is generally

understood in the oil and gas industry, and further includes:

(1) the locating, drilling, and producing of any oil or

gas well or wells drilled contrary to the valid order,

rules and regulations adopted by the Department under the

provisions of this Act; .

(2) permitting the migration of oil, gas, or water from

the stratum in which it is found, into other strata,

thereby ultimately resulting in the loss of recoverable

oil, gas or both;

(3) the drowning with water of any stratum or part

thereof capable of producing oil or gas, except for

secondary recovery purposes;

(4) the unreasonable damage to underground, fresh or

mineral water supply, workable coal seams, or other mineral

deposits in the operations for the discovery, development,

production, or handling of oil and gas;

(5) the unnecessary or excessive surface loss or

destruction of oil or gas resulting from evaporation,

seepage, leakage or fire, especially such loss or

destruction incident to or resulting from the escape of gas

into the open air in excessive or unreasonable amounts,

provided, however, it shall not be unlawful for the

operator or owner of any well producing both oil and gas to

burn such gas in flares when such gas is, under the other

provisions of this Act, lawfully produced, and where there

is no market at the well for such escaping gas; and where

the same is used for the extraction of casinghead gas, it

shall not be unlawful for the operator of the plant after

the process of extraction is completed, to burn such

residue in flares when there is no market at such plant for

such residue gas;

(6) permitting unnecessary fire hazards;

(7) permitting unnecessary damage to or destruction of

the surface, soil, animal, fish or aquatic life or property

from oil or gas operations.

"Drilling Unit" means the surface area allocated by an

order or regulation of the Department to the drilling of a

single well for the production of oil or gas from an individual

pool.

"Enhanced Recovery Method" means any method used in an

effort to recover hydrocarbons from a pool by injection of

fluids, gases or other substances to maintain, restore or

augment natural reservoir energy, or by introducing immiscible

or miscible gases, chemicals, other substances or heat or by

in-situ combustion, or by any combination thereof.

"Well-Site Equipment" means any production-related

equipment or materials specific to the well, including motors,

pumps, pump jacks, tanks, tank batteries, separators,

compressors, casing, tubing, and rods.

(Source: P.A. 89-243, eff. 8-4-95; 89-445, eff. 2-7-96; revised

11-25-14.)

Section 320. The Hydraulic Fracturing Regulatory Act is

amended by changing Sections 1-40, 1-96, 1-100, 1-101, and

1-110 as follows:

(225 ILCS 732/1-40)

Sec. 1-40. Public notice.

(a) Within 5 calendar days after the Department's receipt

of the high volume horizontal hydraulic fracturing

application, the Department shall post notice of its receipt

and a copy of the permit application on its website. The notice

shall include the dates of the public comment period and

directions for interested parties to submit comments.

(b) Within 5 calendar days after the Department's receipt

of the permit application and notice to the applicant that the

high volume horizontal hydraulic fracturing permit application

was received, the Department shall provide the Agency, the

Office of the State Fire Marshal, the Illinois State Water

Survey, and the Illinois State Geological Survey with notice of

the application.

(c) The applicant shall provide the following public

notice:

(1) Applicants shall mail specific public notice by

U.S. Postal Service certified mail, return receipt

requested, within 3 calendar days after submittal of the

high volume horizontal hydraulic fracturing permit

application to the Department, to all persons identified as

owners of real property within 1,500 feet of the proposed

well site, as disclosed by the records in the office of the

recorder of the county or counties, and to each

municipality and county in which the well site is proposed

to be located.

(2) Except as otherwise provided in this paragraph (2)

of subsection (c), applicants shall provide general public

notice by publication, once each week for 2 consecutive

weeks, beginning no later than 3 calendar days after

submittal of the high volume horizontal hydraulic

fracturing permit application to the Department, in a

newspaper of general circulation published in each county

where the well proposed for high volume hydraulic

fracturing operations is proposed to be located.

If a well is proposed for high volume hydraulic

fracturing operations in a county where there is no daily

newspaper of general circulation, the applicant shall

provide general public notice, by publication, once each

week for 2 consecutive weeks, in a weekly newspaper of

general circulation in that county beginning as soon as the

publication schedule of the weekly newspaper permits, but

in no case later than 10 days after submittal of the high

volume hydraulic fracturing permit application to the

Department.

(3) The specific and general public notices required

under this subsection shall contain the following

information:

(A) the name and address of the applicant;

(B) the date the application for a high volume

horizontal hydraulic fracturing permit was filed;

(C) the dates for the public comment period and a

statement that anyone may file written comments about

any portion of the applicant's submitted high volume

horizontal hydraulic fracturing permit application

with the Department during the public comment period;

(D) the proposed well name, reference number

assigned by the Department, and the address and legal

description of the well site and its unit area;

(E) a statement that the information filed by the

applicant in their application for a high volume

horizontal hydraulic fracturing permit is available

from the Department through its website;

(F) the Department's website and the address and

telephone number for the Department's Oil and Gas

Division;

(G) a statement that any person having an interest

that is or may be adversely affected, any government

agency that is or may be affected, or the county board

of a county to be affected under a proposed permit, may

file written objections to a permit application and may

request a public hearing.

(d) After providing the public notice as required under

paragraph (2) of subsection (c) of this Section, the applicant

shall supplement its permit application by providing the

Department with a certification and documentation that the

applicant fulfilled the public notice requirements of this

Section. The Department shall not issue a permit until the

applicant has provided the supplemental material required

under this subsection.

(e) If multiple applications are submitted at the same time

for wells located on the same well site, the applicant may use

one public notice for all applications provided the notice is

clear that it pertains to multiple applications and conforms to

the requirements of this Section. Notice shall not constitute

standing for purposes of requesting a public hearing or for

standing to appeal the decision of the Department in accordance

with the Administrative Review Law.

(Source: P.A. 98-22, eff. 6-17-13; revised 11-25-14.)

(225 ILCS 732/1-96)

Sec. 1-96. Seismicity.

(a) For purposes of this Section, "induced seismicity"

means an earthquake event that is felt, recorded by the

national seismic network, and attributable to a Class II

injection well used for disposal of flowback flow-back and

produced fluid from hydraulic fracturing operations.

(b) The Department shall adopt rules, in consultation with

the Illinois State Geological Survey, establishing a protocol

for controlling operational activity of Class II injection

wells in an instance of induced seismicity.

(c) The rules adopted by the Department under this Section

shall employ a "traffic light" control system allowing for low

levels of seismicity while including additional monitoring and

mitigation requirements when seismic events are of sufficient

intensity to result in a concern for public health and safety.

(d) The additional mitigation requirements referenced in

subsection (c) of this Section shall provide for either the

scaling back of injection operations with monitoring for

establishment of a potentially safe operation level or the

immediate cessation of injection operations.

(Source: P.A. 98-22, eff. 6-17-13; revised 11-25-14.)

(225 ILCS 732/1-100)

Sec. 1-100. Criminal offenses; penalties.

(a) Except as otherwise provided in this Section, it shall

be a Class A misdemeanor to knowingly violate this Act, its

rules, 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 person convicted or sentenced under this subsection

(a) shall be subject to a fine of not to exceed $10,000 for

each day of violation.

(b) It is unlawful for a person knowingly to violate:

(1) subsection (c) of Section 1-25 of this Act;

(2) subsection (d) of Section 1-25 of this Act;

(3) subsection (a) of Section 1-30 of this Act;

(4) paragraph (9) of subsection (c) of Section 1-75 of

this Act; or

(5) subsection (a) of Section 1-87 of this Act.

A person convicted or sentenced for any knowing violation

of the requirements or prohibitions listed in this subsection

(b) 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 violation. A person who commits a

second or subsequent knowing violation of the requirements or

prohibitions listed in this subsection (b) commits a Class 3

felony 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.

(c) Any person who knowingly makes a false, fictitious, or

fraudulent material statement, orally or in writing, to the

Department or Agency as required by this Act, its rules, or any

permit, term, or condition of a permit, commits a Class 4

felony, and each false, fictitious, or fraudulent statement or

writing shall be considered a separate violation. In addition

to any other penalty prescribed by law, a person persons in

violation of this subsection (c) is subject to a fine of not to

exceed $25,000 for each day of violation. A person who commits

a second or subsequent knowing violation of this subsection (c)

commits a Class 3 felony 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.

(d) Any criminal action provided for 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 provision of the

Code of Criminal Procedure of 1963. For criminal conduct in

this Section, the period for commencing prosecution shall not

begin to run until the offense is discovered by or reported to

a State or local agency having authority to investigate

violations of this Act.

(Source: P.A. 98-22, eff. 6-17-13; revised 11-26-14.)

(225 ILCS 732/1-101)

Sec. 1-101. Violations; civil penalties and injunctions.

(a) Except as otherwise provided in this Section, any

person who violates any provision of this Act or any rule or

order adopted under this Act or any permit issued under this

Act shall be liable for a civil penalty not to exceed $50,000

for the violation and an additional civil penalty not to exceed

$10,000 for each day during which the violation continues.

(b) Any person who violates any requirements or

prohibitions of provisions listed in this subsection (b) is

subject to a civil penalty not to exceed $100,000 for the

violation and an additional civil penalty not to exceed $20,000

for each day during which the violation continues. The

following are violations are subject to the penalties of this

subsection (b):

(1) subsection (c) of Section 1-25 of this Act;

(2) subsection (d) of Section 1-25 of this Act;

(3) subsection (a) of Section 1-30 of this Act;

(4) paragraph (9) of subsection (c) of Section 1-75 of

this Act; or

(5) subsection (a) of Section 1-87 of this Act.

(c) Any person who knowingly makes, submits, causes to be

made, or causes to be submitted a false report of pollution,

diminution, or water pollution attributable to high volume

horizontal hydraulic fracturing operations that results in an

investigation by the Department or Agency under this Act shall

be liable for a civil penalty not to exceed $1,000 for the

violation.

(d) The penalty shall be recovered by a civil action before

the circuit court of the county in which the well site is

located or in the circuit court of Sangamon County. Venue shall

be considered proper in either court. These penalties may, upon

the order of a court of competent jurisdiction, be made payable

to the Environmental Protection Trust Fund, to be used in

accordance with the provisions of the Environmental Protection

Trust Fund Act.

(e) The State's Attorney of the county in which the

violation occurred, or the Attorney General, may, at the

request of the Department or on his or her own motion,

institute a civil action for the recovery of costs, an

injunction, prohibitory or mandatory, to restrain violations

of this Act, any rule adopted under this Act, the permit or

term or condition of the permit, or to require other actions as

may be necessary to address violations of this Act, any rule

adopted under this Act, or the permit or term or condition of

the permit.

(f) The State's Attorney of the county in which the

violation occurred, or the Attorney General, shall bring

actions under this Section in the name of the People of the

State of Illinois. Without limiting any other authority that

may exist for the awarding of attorney's fees and costs, a

court of competent jurisdiction may award costs and reasonable

attorney's fees, including the reasonable costs of expert

witnesses and consultants, to the State's Attorney or the

Attorney General in a case where he or she has prevailed

against a person who has committed a knowing or repeated

violation of this Act, any rule adopted under this Act, or the

permit or term or condition of the permit.

(g) All final orders imposing civil penalties under this

Section shall prescribe the time for payment of those

penalties. If any penalty is not paid within the time

prescribed, interest on the penalty at the rate set forth in

subsection (a) of Section 1003 of the Illinois Income Tax Act,

shall be paid for the period from the date payment is due until

the date payment is received. However, if the time for payment

is stayed during the pendency of an appeal, interest shall not

accrue during the stay.

(Source: P.A. 98-22, eff. 6-17-13; revised 11-26-14.)

(225 ILCS 732/1-110)

Sec. 1-110. Public information; website.

(a) All information submitted to the Department under this

Act is deemed public information, except information deemed to

constitute a trade secret under Section 1-77 of this Act and

private information and personal information as defined in the

Freedom of Information Act.

(b) To provide the public and concerned citizens with a

centralized repository of information, the Department shall

create and maintain a comprehensive website dedicated to

providing information concerning high volume horizontal

hydraulic fracturing operations. The website shall contain,

assemble, and link the documents and information required by

this Act to be posted on the Department's or other agencies'

websites. The Department shall also create and maintain an

online searchable database that provides information related

to high volume horizontal hydraulic fracturing operations on

wells that, at a minimum, includes include, for each well it

permits, the identity of its operators, its waste disposal, its

chemical disclosure information, and any complaints or

violations under this Act. The website created under this

Section shall allow users to search for completion reports by

well name and location, dates of fracturing and drilling

operations, operator, and by chemical additives.

(Source: P.A. 98-22, eff. 6-17-13; revised 11-26-14.)

Section 325. The Illinois Horse Racing Act of 1975 is

amended by changing Section 12.2 as follows:

(230 ILCS 5/12.2)

Sec. 12.2. Business enterprise program.

(a) For the purposes of this Section, the terms "minority",

"minority owned business", "female", "female owned business",

"person with a disability", and "business owned by a person

with a disability" have the meanings meaning ascribed to them

in the Business Enterprise for Minorities, Females, and Persons

with Disabilities Act.

(b) The Board shall, by rule, establish goals for the award

of contracts by each organization licensee or inter-track

wagering licensee to businesses owned by minorities, females,

and persons with disabilities, expressed as percentages of an

organization licensee's or inter-track wagering licensee's

total dollar amount of contracts awarded during each calendar

year. Each organization licensee or inter-track wagering

licensee must make every effort to meet the goals established

by the Board pursuant to this Section. When setting the goals

for the award of contracts, the Board shall not include

contracts where: (1) licensees are purchasing goods or services

from vendors or suppliers or in markets where there are no or a

limited number of minority owned businesses, women owned

businesses, or businesses owned by persons with disabilities

that would be sufficient to satisfy the goal; (2) there are no

or a limited number of suppliers licensed by the Board; (3) the

licensee or its parent company owns a company that provides the

goods or services; or (4) the goods or services are provided to

the licensee by a publicly traded company.

(c) Each organization licensee or inter-track wagering

licensee shall file with the Board an annual report of its

utilization of minority owned businesses, female owned

businesses, and businesses owned by persons with disabilities

during the preceding calendar year. The reports shall include a

self-evaluation of the efforts of the organization licensee or

inter-track wagering licensee to meet its goals under this

Section.

(d) The organization licensee or inter-track wagering

licensee shall have the right to request a waiver from the

requirements of this Section. The Board shall grant the waiver

where the organization licensee or inter-track wagering

licensee demonstrates that there has been made a good faith

effort to comply with the goals for participation by minority

owned businesses, female owned businesses, and businesses

owned by persons with disabilities.

(e) If the Board determines that its goals and policies are

not being met by any organization licensee or inter-track

wagering licensee, then the Board may:

(1) adopt remedies for such violations; and

(2) recommend that the organization licensee or

inter-track wagering licensee provide additional

opportunities for participation by minority owned

businesses, female owned businesses, and businesses owned

by persons with disabilities; such recommendations may

include, but shall not be limited to:

(A) assurances of stronger and better focused

solicitation efforts to obtain more minority owned

businesses, female owned businesses, and businesses

owned by persons with disabilities as potential

sources of supply;

(B) division of job or project requirements, when

economically feasible, into tasks or quantities to

permit participation of minority owned businesses,

female owned businesses, and businesses owned by

persons with disabilities;

(C) elimination of extended experience or

capitalization requirements, when programmatically

feasible, to permit participation of minority owned

businesses, female owned businesses, and businesses

owned by persons with disabilities;

(D) identification of specific proposed contracts

as particularly attractive or appropriate for

participation by minority owned businesses, female

owned businesses, and businesses owned by persons with

disabilities, such identification to result from and

be coupled with the efforts of items (A) through (C);

and

(E) implementation of regulations established for

the use of the sheltered market process.

(f) The Board shall file, no later than March 1 of each

year, an annual report that shall detail the level of

achievement toward the goals specified in this Section over the

3 most recent fiscal years. The annual report shall include,

but need not be limited to:

(1) a summary detailing expenditures subject to the

goals, the actual goals specified, and the goals attained

by each organization licensee or inter-track wagering

licensee;

(2) a summary of the number of contracts awarded and

the average contract amount by each organization licensee

or inter-track wagering licensee;

(3) an analysis of the level of overall goal

achievement concerning purchases from minority owned

businesses, female owned businesses, and businesses owned

by persons with disabilities;

(4) an analysis of the number of minority owned

businesses, female owned businesses, and businesses owned

by persons with disabilities that are certified under the

program as well as the number of those businesses that

received State procurement contracts; and

(5) a summary of the number of contracts awarded to

businesses with annual gross sales of less than $1,000,000;

of $1,000,000 or more, but less than $5,000,000; of

$5,000,000 or more, but less than $10,000,000; and of

$10,000,000 or more.

(Source: P.A. 98-490, eff. 8-16-13; revised 11-26-14.)

Section 330. The Riverboat Gambling Act is amended by

changing Section 7.6 as follows:

(230 ILCS 10/7.6)

Sec. 7.6. Business enterprise program.

(a) For the purposes of this Section, the terms "minority",

"minority owned business", "female", "female owned business",

"person with a disability", and "business owned by a person

with a disability" have the meanings meaning ascribed to them

in the Business Enterprise for Minorities, Females, and Persons

with Disabilities Act.

(b) The Board shall, by rule, establish goals for the award

of contracts by each owners licensee to businesses owned by

minorities, females, and persons with disabilities, expressed

as percentages of an owners licensee's total dollar amount of

contracts awarded during each calendar year. Each owners

licensee must make every effort to meet the goals established

by the Board pursuant to this Section. When setting the goals

for the award of contracts, the Board shall not include

contracts where: (1) any purchasing mandates would be dependent

upon the availability of minority owned businesses, female

owned businesses, and businesses owned by persons with

disabilities ready, willing, and able with capacity to provide

quality goods and services to a gaming operation at reasonable

prices; (2) there are no or a limited number of licensed

suppliers as defined by this Act for the goods or services

provided to the licensee; (3) the licensee or its parent

company owns a company that provides the goods or services; or

(4) the goods or services are provided to the licensee by a

publicly traded company.

(c) Each owners licensee shall file with the Board an

annual report of its utilization of minority owned businesses,

female owned businesses, and businesses owned by persons with

disabilities during the preceding calendar year. The reports

shall include a self-evaluation of the efforts of the owners

licensee to meet its goals under this Section.

(d) The owners licensee shall have the right to request a

waiver from the requirements of this Section. The Board shall

grant the waiver where the owners licensee demonstrates that

there has been made a good faith effort to comply with the

goals for participation by minority owned businesses, female

owned businesses, and businesses owned by persons with

disabilities.

(e) If the Board determines that its goals and policies are

not being met by any owners licensee, then the Board may:

(1) adopt remedies for such violations; and

(2) recommend that the owners licensee provide

additional opportunities for participation by minority

owned businesses, female owned businesses, and businesses

owned by persons with disabilities; such recommendations

may include, but shall not be limited to:

(A) assurances of stronger and better focused

solicitation efforts to obtain more minority owned

businesses, female owned businesses, and businesses

owned by persons with disabilities as potential

sources of supply;

(B) division of job or project requirements, when

economically feasible, into tasks or quantities to

permit participation of minority owned businesses,

female owned businesses, and businesses owned by

persons with disabilities;

(C) elimination of extended experience or

capitalization requirements, when programmatically

feasible, to permit participation of minority owned

businesses, female owned businesses, and businesses

owned by persons with disabilities;

(D) identification of specific proposed contracts

as particularly attractive or appropriate for

participation by minority owned businesses, female

owned businesses, and businesses owned by persons with

disabilities, such identification to result from and

be coupled with the efforts of items (A) through (C);

and

(E) implementation of regulations established for

the use of the sheltered market process.

(f) The Board shall file, no later than March 1 of each

year, an annual report that shall detail the level of

achievement toward the goals specified in this Section over the

3 most recent fiscal years. The annual report shall include,

but need not be limited to:

(1) a summary detailing expenditures subject to the

goals, the actual goals specified, and the goals attained

by each owners licensee; and

(2) an analysis of the level of overall goal

achievement concerning purchases from minority owned

businesses, female owned businesses, and businesses owned

by persons with disabilities.

(Source: P.A. 98-490, eff. 8-16-13; revised 11-26-14.)

Section 335. The Liquor Control Act of 1934 is amended by

changing Sections 3-12, 6-15, and 6-36 as follows:

(235 ILCS 5/3-12)

(Text of Section before amendment by P.A. 98-939)

Sec. 3-12. Powers and duties of State Commission.

(a) The State commission shall have the following powers,

functions, and duties:

(1) To receive applications and to issue licenses to

manufacturers, foreign importers, importing distributors,

distributors, non-resident dealers, on premise consumption

retailers, off premise sale retailers, special event

retailer licensees, special use permit licenses, auction

liquor licenses, brew pubs, caterer retailers,

non-beverage users, railroads, including owners and

lessees of sleeping, dining and cafe cars, airplanes,

boats, brokers, and wine maker's premises licensees in

accordance with the provisions of this Act, and to suspend

or revoke such licenses upon the State commission's

determination, upon notice after hearing, that a licensee

has violated any provision of this Act or any rule or

regulation issued pursuant thereto and in effect for 30

days prior to such violation. Except in the case of an

action taken pursuant to a violation of Section 6-3, 6-5,

or 6-9, any action by the State Commission to suspend or

revoke a licensee's license may be limited to the license

for the specific premises where the violation occurred.

In lieu of suspending or revoking a license, the

commission may impose a fine, upon the State commission's

determination and notice after hearing, that a licensee has

violated any provision of this Act or any rule or

regulation issued pursuant thereto and in effect for 30

days prior to such violation.

For the purpose of this paragraph (1), when determining

multiple violations for the sale of alcohol to a person

under the age of 21, a second or subsequent violation for

the sale of alcohol to a person under the age of 21 shall

only be considered if it was committed within 5 years after

the date when a prior violation for the sale of alcohol to

a person under the age of 21 was committed.

The fine imposed under this paragraph may not exceed

$500 for each violation. Each day that the activity, which

gave rise to the original fine, continues is a separate

violation. The maximum fine that may be levied against any

licensee, for the period of the license, shall not exceed

$20,000. The maximum penalty that may be imposed on a

licensee for selling a bottle of alcoholic liquor with a

foreign object in it or serving from a bottle of alcoholic

liquor with a foreign object in it shall be the destruction

of that bottle of alcoholic liquor for the first 10 bottles

so sold or served from by the licensee. For the eleventh

bottle of alcoholic liquor and for each third bottle

thereafter sold or served from by the licensee with a

foreign object in it, the maximum penalty that may be

imposed on the licensee is the destruction of the bottle of

alcoholic liquor and a fine of up to $50.

(2) To adopt such rules and regulations consistent with

the provisions of this Act which shall be necessary to

carry on its functions and duties to the end that the

health, safety and welfare of the People of the State of

Illinois shall be protected and temperance in the

consumption of alcoholic liquors shall be fostered and

promoted and to distribute copies of such rules and

regulations to all licensees affected thereby.

(3) To call upon other administrative departments of

the State, county and municipal governments, county and

city police departments and upon prosecuting officers for

such information and assistance as it deems necessary in

the performance of its duties.

(4) To recommend to local commissioners rules and

regulations, not inconsistent with the law, for the

distribution and sale of alcoholic liquors throughout the

State.

(5) To inspect, or cause to be inspected, any premises

in this State where alcoholic liquors are manufactured,

distributed, warehoused, or sold. Nothing in this Act

authorizes an agent of the Commission to inspect private

areas within the premises without reasonable suspicion or a

warrant during an inspection. "Private areas" include, but

are not limited to, safes, personal property, and closed

desks.

(5.1) Upon receipt of a complaint or upon having

knowledge that any person is engaged in business as a

manufacturer, importing distributor, distributor, or

retailer without a license or valid license, to notify the

local liquor authority, file a complaint with the State's

Attorney's Office of the county where the incident

occurred, or initiate an investigation with the

appropriate law enforcement officials.

(5.2) To issue a cease and desist notice to persons

shipping alcoholic liquor into this State from a point

outside of this State if the shipment is in violation of

this Act.

(5.3) To receive complaints from licensees, local

officials, law enforcement agencies, organizations, and

persons stating that any licensee has been or is violating

any provision of this Act or the rules and regulations

issued pursuant to this Act. Such complaints shall be in

writing, signed and sworn to by the person making the

complaint, and shall state with specificity the facts in

relation to the alleged violation. If the Commission has

reasonable grounds to believe that the complaint

substantially alleges a violation of this Act or rules and

regulations adopted pursuant to this Act, it shall conduct

an investigation. If, after conducting an investigation,

the Commission is satisfied that the alleged violation did

occur, it shall proceed with disciplinary action against

the licensee as provided in this Act.

(6) To hear and determine appeals from orders of a

local commission in accordance with the provisions of this

Act, as hereinafter set forth. Hearings under this

subsection shall be held in Springfield or Chicago, at

whichever location is the more convenient for the majority

of persons who are parties to the hearing.

(7) The commission shall establish uniform systems of

accounts to be kept by all retail licensees having more

than 4 employees, and for this purpose the commission may

classify all retail licensees having more than 4 employees

and establish a uniform system of accounts for each class

and prescribe the manner in which such accounts shall be

kept. The commission may also prescribe the forms of

accounts to be kept by all retail licensees having more

than 4 employees, including but not limited to accounts of

earnings and expenses and any distribution, payment, or

other distribution of earnings or assets, and any other

forms, records and memoranda which in the judgment of the

commission may be necessary or appropriate to carry out any

of the provisions of this Act, including but not limited to

such forms, records and memoranda as will readily and

accurately disclose at all times the beneficial ownership

of such retail licensed business. The accounts, forms,

records and memoranda shall be available at all reasonable

times for inspection by authorized representatives of the

State commission or by any local liquor control

commissioner or his or her authorized representative. The

commission, may, from time to time, alter, amend or repeal,

in whole or in part, any uniform system of accounts, or the

form and manner of keeping accounts.

(8) In the conduct of any hearing authorized to be held

by the commission, to appoint, at the commission's

discretion, hearing officers to conduct hearings involving

complex issues or issues that will require a protracted

period of time to resolve, to examine, or cause to be

examined, under oath, any licensee, and to examine or cause

to be examined the books and records of such licensee; to

hear testimony and take proof material for its information

in the discharge of its duties hereunder; to administer or

cause to be administered oaths; for any such purpose to

issue subpoena or subpoenas to require the attendance of

witnesses and the production of books, which shall be

effective in any part of this State, and to adopt rules to

implement its powers under this paragraph (8).

Any Circuit Court may by order duly entered, require

the attendance of witnesses and the production of relevant

books subpoenaed by the State commission and the court may

compel obedience to its order by proceedings for contempt.

(9) To investigate the administration of laws in

relation to alcoholic liquors in this and other states and

any foreign countries, and to recommend from time to time

to the Governor and through him or her to the legislature

of this State, such amendments to this Act, if any, as it

may think desirable and as will serve to further the

general broad purposes contained in Section 1-2 hereof.

(10) To adopt such rules and regulations consistent

with the provisions of this Act which shall be necessary

for the control, sale or disposition of alcoholic liquor

damaged as a result of an accident, wreck, flood, fire or

other similar occurrence.

(11) To develop industry educational programs related

to responsible serving and selling, particularly in the

areas of overserving consumers and illegal underage

purchasing and consumption of alcoholic beverages.

(11.1) To license persons providing education and

training to alcohol beverage sellers and servers under the

Beverage Alcohol Sellers and Servers Education and

Training (BASSET) programs and to develop and administer a

public awareness program in Illinois to reduce or eliminate

the illegal purchase and consumption of alcoholic beverage

products by persons under the age of 21. Application for a

license shall be made on forms provided by the State

Commission.

(12) To develop and maintain a repository of license

and regulatory information.

(13) On or before January 15, 1994, the Commission

shall issue a written report to the Governor and General

Assembly that is to be based on a comprehensive study of

the impact on and implications for the State of Illinois of

Section 1926 of the Federal ADAMHA Reorganization Act of

1992 (Public Law 102-321). This study shall address the

extent to which Illinois currently complies with the

provisions of P.L. 102-321 and the rules promulgated

pursuant thereto.

As part of its report, the Commission shall provide the

following essential information:

(i) the number of retail distributors of tobacco

products, by type and geographic area, in the State;

(ii) the number of reported citations and

successful convictions, categorized by type and

location of retail distributor, for violation of the

Prevention of Tobacco Use by Minors and Sale and

Distribution of Tobacco Products Act and the Smokeless

Tobacco Limitation Act;

(iii) the extent and nature of organized

educational and governmental activities that are

intended to promote, encourage or otherwise secure

compliance with any Illinois laws that prohibit the

sale or distribution of tobacco products to minors; and

(iv) the level of access and availability of

tobacco products to individuals under the age of 18.

To obtain the data necessary to comply with the

provisions of P.L. 102-321 and the requirements of this

report, the Commission shall conduct random, unannounced

inspections of a geographically and scientifically

representative sample of the State's retail tobacco

distributors.

The Commission shall consult with the Department of

Public Health, the Department of Human Services, the

Illinois State Police and any other executive branch

agency, and private organizations that may have

information relevant to this report.

The Commission may contract with the Food and Drug

Administration of the U.S. Department of Health and Human

Services to conduct unannounced investigations of Illinois

tobacco vendors to determine compliance with federal laws

relating to the illegal sale of cigarettes and smokeless

tobacco products to persons under the age of 18.

(14) On or before April 30, 2008 and every 2 years

thereafter, the Commission shall present a written report

to the Governor and the General Assembly that shall be

based on a study of the impact of this amendatory Act of

the 95th General Assembly on the business of soliciting,

selling, and shipping wine from inside and outside of this

State directly to residents of this State. As part of its

report, the Commission shall provide all of the following

information:

(A) The amount of State excise and sales tax

revenues generated.

(B) The amount of licensing fees received.

(C) The number of cases of wine shipped from inside

and outside of this State directly to residents of this

State.

(D) The number of alcohol compliance operations

conducted.

(E) The number of winery shipper's licenses

issued.

(F) The number of each of the following: reported

violations; cease and desist notices issued by the

Commission; notices of violations issued by the

Commission and to the Department of Revenue; and

notices and complaints of violations to law

enforcement officials, including, without limitation,

the Illinois Attorney General and the U.S. Department

of Treasury's Alcohol and Tobacco Tax and Trade Bureau.

(15) As a means to reduce the underage consumption of

alcoholic liquors, the Commission shall conduct alcohol

compliance operations to investigate whether businesses

that are soliciting, selling, and shipping wine from inside

or outside of this State directly to residents of this

State are licensed by this State or are selling or

attempting to sell wine to persons under 21 years of age in

violation of this Act.

(16) The Commission shall, in addition to notifying any

appropriate law enforcement agency, submit notices of

complaints or violations of Sections 6-29 and 6-29.1 by

persons who do not hold a winery shipper's license under

this amendatory Act to the Illinois Attorney General and to

the U.S. Department of Treasury's Alcohol and Tobacco Tax

and Trade Bureau.

(17) (A) A person licensed to make wine under the laws

of another state who has a winery shipper's license under

this amendatory Act and annually produces less than 25,000

gallons of wine or a person who has a first-class or

second-class wine manufacturer's license, a first-class or

second-class wine-maker's license, or a limited wine

manufacturer's license under this Act and annually

produces less than 25,000 gallons of wine may make

application to the Commission for a self-distribution

exemption to allow the sale of not more than 5,000 gallons

of the exemption holder's wine to retail licensees per

year.

(B) In the application, which shall be sworn under

penalty of perjury, such person shall state (1) the

date it was established; (2) its volume of production

and sales for each year since its establishment; (3)

its efforts to establish distributor relationships;

(4) that a self-distribution exemption is necessary to

facilitate the marketing of its wine; and (5) that it

will comply with the liquor and revenue laws of the

United States, this State, and any other state where it

is licensed.

(C) The Commission shall approve the application

for a self-distribution exemption if such person: (1)

is in compliance with State revenue and liquor laws;

(2) is not a member of any affiliated group that

produces more than 25,000 gallons of wine per annum or

produces any other alcoholic liquor; (3) will not

annually produce for sale more than 25,000 gallons of

wine; and (4) will not annually sell more than 5,000

gallons of its wine to retail licensees.

(D) A self-distribution exemption holder shall

annually certify to the Commission its production of

wine in the previous 12 months and its anticipated

production and sales for the next 12 months. The

Commission may fine, suspend, or revoke a

self-distribution exemption after a hearing if it

finds that the exemption holder has made a material

misrepresentation in its application, violated a

revenue or liquor law of Illinois, exceeded production

of 25,000 gallons of wine in any calendar year, or

become part of an affiliated group producing more than

25,000 gallons of wine or any other alcoholic liquor.

(E) Except in hearings for violations of this Act

or amendatory Act or a bona fide investigation by duly

sworn law enforcement officials, the Commission, or

its agents, the Commission shall maintain the

production and sales information of a

self-distribution exemption holder as confidential and

shall not release such information to any person.

(F) The Commission shall issue regulations

governing self-distribution exemptions consistent with

this Section and this Act.

(G) Nothing in this subsection (17) shall prohibit

a self-distribution exemption holder from entering

into or simultaneously having a distribution agreement

with a licensed Illinois distributor.

(H) It is the intent of this subsection (17) to

promote and continue orderly markets. The General

Assembly finds that in order to preserve Illinois'

regulatory distribution system it is necessary to

create an exception for smaller makers of wine as their

wines are frequently adjusted in varietals, mixes,

vintages, and taste to find and create market niches

sometimes too small for distributor or importing

distributor business strategies. Limited

self-distribution rights will afford and allow smaller

makers of wine access to the marketplace in order to

develop a customer base without impairing the

integrity of the 3-tier system.

(18) (A) A craft brewer licensee, who must also be

either a licensed brewer or licensed non-resident dealer

and annually manufacture less than 930,000 gallons of beer,

may make application to the Commission for a

self-distribution exemption to allow the sale of not more

than 232,500 gallons of the exemption holder's beer to

retail licensees per year.

(B) In the application, which shall be sworn under

penalty of perjury, the craft brewer licensee shall

state (1) the date it was established; (2) its volume

of beer manufactured and sold for each year since its

establishment; (3) its efforts to establish

distributor relationships; (4) that a

self-distribution exemption is necessary to facilitate

the marketing of its beer; and (5) that it will comply

with the alcoholic beverage and revenue laws of the

United States, this State, and any other state where it

is licensed.

(C) Any application submitted shall be posted on

the Commission's website at least 45 days prior to

action by the Commission. The Commission shall approve

the application for a self-distribution exemption if

the craft brewer licensee: (1) is in compliance with

the State, revenue, and alcoholic beverage laws; (2) is

not a member of any affiliated group that manufacturers

more than 930,000 gallons of beer per annum or produces

any other alcoholic beverages; (3) shall not annually

manufacture for sale more than 930,000 gallons of beer;

and (4) shall not annually sell more than 232,500

gallons of its beer to retail licensees.

(D) A self-distribution exemption holder shall

annually certify to the Commission its manufacture of

beer during the previous 12 months and its anticipated

manufacture and sales of beer for the next 12 months.

The Commission may fine, suspend, or revoke a

self-distribution exemption after a hearing if it

finds that the exemption holder has made a material

misrepresentation in its application, violated a

revenue or alcoholic beverage law of Illinois,

exceeded the manufacture of 930,000 gallons of beer in

any calendar year or became part of an affiliated group

manufacturing more than 930,000 gallons of beer or any

other alcoholic beverage.

(E) The Commission shall issue rules and

regulations governing self-distribution exemptions

consistent with this Act.

(F) Nothing in this paragraph (18) shall prohibit a

self-distribution exemption holder from entering into

or simultaneously having a distribution agreement with

a licensed Illinois importing distributor or a

distributor. If a self-distribution exemption holder

enters into a distribution agreement and has assigned

distribution rights to an importing distributor or

distributor, then the self-distribution exemption

holder's distribution rights in the assigned

territories shall cease in a reasonable time not to

exceed 60 days.

(G) It is the intent of this paragraph (18) to

promote and continue orderly markets. The General

Assembly finds that in order to preserve Illinois'

regulatory distribution system, it is necessary to

create an exception for smaller manufacturers in order

to afford and allow such smaller manufacturers of beer

access to the marketplace in order to develop a

customer base without impairing the integrity of the

3-tier system.

(b) On or before April 30, 1999, the Commission shall

present a written report to the Governor and the General

Assembly that shall be based on a study of the impact of this

amendatory Act of 1998 on the business of soliciting, selling,

and shipping alcoholic liquor from outside of this State

directly to residents of this State.

As part of its report, the Commission shall provide the

following information:

(i) the amount of State excise and sales tax revenues

generated as a result of this amendatory Act of 1998;

(ii) the amount of licensing fees received as a result

of this amendatory Act of 1998;

(iii) the number of reported violations, the number of

cease and desist notices issued by the Commission, the

number of notices of violations issued to the Department of

Revenue, and the number of notices and complaints of

violations to law enforcement officials.

(Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13; 98-941,

eff. 1-1-15.)

(Text of Section after amendment by P.A. 98-939)

Sec. 3-12. Powers and duties of State Commission.

(a) The State commission shall have the following powers,

functions, and duties:

(1) To receive applications and to issue licenses to

manufacturers, foreign importers, importing distributors,

distributors, non-resident dealers, on premise consumption

retailers, off premise sale retailers, special event

retailer licensees, special use permit licenses, auction

liquor licenses, brew pubs, caterer retailers,

non-beverage users, railroads, including owners and

lessees of sleeping, dining and cafe cars, airplanes,

boats, brokers, and wine maker's premises licensees in

accordance with the provisions of this Act, and to suspend

or revoke such licenses upon the State commission's

determination, upon notice after hearing, that a licensee

has violated any provision of this Act or any rule or

regulation issued pursuant thereto and in effect for 30

days prior to such violation. Except in the case of an

action taken pursuant to a violation of Section 6-3, 6-5,

or 6-9, any action by the State Commission to suspend or

revoke a licensee's license may be limited to the license

for the specific premises where the violation occurred.

In lieu of suspending or revoking a license, the

commission may impose a fine, upon the State commission's

determination and notice after hearing, that a licensee has

violated any provision of this Act or any rule or

regulation issued pursuant thereto and in effect for 30

days prior to such violation.

For the purpose of this paragraph (1), when determining

multiple violations for the sale of alcohol to a person

under the age of 21, a second or subsequent violation for

the sale of alcohol to a person under the age of 21 shall

only be considered if it was committed within 5 years after

the date when a prior violation for the sale of alcohol to

a person under the age of 21 was committed.

The fine imposed under this paragraph may not exceed

$500 for each violation. Each day that the activity, which

gave rise to the original fine, continues is a separate

violation. The maximum fine that may be levied against any

licensee, for the period of the license, shall not exceed

$20,000. The maximum penalty that may be imposed on a

licensee for selling a bottle of alcoholic liquor with a

foreign object in it or serving from a bottle of alcoholic

liquor with a foreign object in it shall be the destruction

of that bottle of alcoholic liquor for the first 10 bottles

so sold or served from by the licensee. For the eleventh

bottle of alcoholic liquor and for each third bottle

thereafter sold or served from by the licensee with a

foreign object in it, the maximum penalty that may be

imposed on the licensee is the destruction of the bottle of

alcoholic liquor and a fine of up to $50.

(2) To adopt such rules and regulations consistent with

the provisions of this Act which shall be necessary to

carry on its functions and duties to the end that the

health, safety and welfare of the People of the State of

Illinois shall be protected and temperance in the

consumption of alcoholic liquors shall be fostered and

promoted and to distribute copies of such rules and

regulations to all licensees affected thereby.

(3) To call upon other administrative departments of

the State, county and municipal governments, county and

city police departments and upon prosecuting officers for

such information and assistance as it deems necessary in

the performance of its duties.

(4) To recommend to local commissioners rules and

regulations, not inconsistent with the law, for the

distribution and sale of alcoholic liquors throughout the

State.

(5) To inspect, or cause to be inspected, any premises

in this State where alcoholic liquors are manufactured,

distributed, warehoused, or sold. Nothing in this Act

authorizes an agent of the Commission to inspect private

areas within the premises without reasonable suspicion or a

warrant during an inspection. "Private areas" include, but

are not limited to, safes, personal property, and closed

desks.

(5.1) Upon receipt of a complaint or upon having

knowledge that any person is engaged in business as a

manufacturer, importing distributor, distributor, or

retailer without a license or valid license, to notify the

local liquor authority, file a complaint with the State's

Attorney's Office of the county where the incident

occurred, or initiate an investigation with the

appropriate law enforcement officials.

(5.2) To issue a cease and desist notice to persons

shipping alcoholic liquor into this State from a point

outside of this State if the shipment is in violation of

this Act.

(5.3) To receive complaints from licensees, local

officials, law enforcement agencies, organizations, and

persons stating that any licensee has been or is violating

any provision of this Act or the rules and regulations

issued pursuant to this Act. Such complaints shall be in

writing, signed and sworn to by the person making the

complaint, and shall state with specificity the facts in

relation to the alleged violation. If the Commission has

reasonable grounds to believe that the complaint

substantially alleges a violation of this Act or rules and

regulations adopted pursuant to this Act, it shall conduct

an investigation. If, after conducting an investigation,

the Commission is satisfied that the alleged violation did

occur, it shall proceed with disciplinary action against

the licensee as provided in this Act.

(6) To hear and determine appeals from orders of a

local commission in accordance with the provisions of this

Act, as hereinafter set forth. Hearings under this

subsection shall be held in Springfield or Chicago, at

whichever location is the more convenient for the majority

of persons who are parties to the hearing.

(7) The commission shall establish uniform systems of

accounts to be kept by all retail licensees having more

than 4 employees, and for this purpose the commission may

classify all retail licensees having more than 4 employees

and establish a uniform system of accounts for each class

and prescribe the manner in which such accounts shall be

kept. The commission may also prescribe the forms of

accounts to be kept by all retail licensees having more

than 4 employees, including but not limited to accounts of

earnings and expenses and any distribution, payment, or

other distribution of earnings or assets, and any other

forms, records and memoranda which in the judgment of the

commission may be necessary or appropriate to carry out any

of the provisions of this Act, including but not limited to

such forms, records and memoranda as will readily and

accurately disclose at all times the beneficial ownership

of such retail licensed business. The accounts, forms,

records and memoranda shall be available at all reasonable

times for inspection by authorized representatives of the

State commission or by any local liquor control

commissioner or his or her authorized representative. The

commission, may, from time to time, alter, amend or repeal,

in whole or in part, any uniform system of accounts, or the

form and manner of keeping accounts.

(8) In the conduct of any hearing authorized to be held

by the commission, to appoint, at the commission's

discretion, hearing officers to conduct hearings involving

complex issues or issues that will require a protracted

period of time to resolve, to examine, or cause to be

examined, under oath, any licensee, and to examine or cause

to be examined the books and records of such licensee; to

hear testimony and take proof material for its information

in the discharge of its duties hereunder; to administer or

cause to be administered oaths; for any such purpose to

issue subpoena or subpoenas to require the attendance of

witnesses and the production of books, which shall be

effective in any part of this State, and to adopt rules to

implement its powers under this paragraph (8).

Any Circuit Court may by order duly entered, require

the attendance of witnesses and the production of relevant

books subpoenaed by the State commission and the court may

compel obedience to its order by proceedings for contempt.

(9) To investigate the administration of laws in

relation to alcoholic liquors in this and other states and

any foreign countries, and to recommend from time to time

to the Governor and through him or her to the legislature

of this State, such amendments to this Act, if any, as it

may think desirable and as will serve to further the

general broad purposes contained in Section 1-2 hereof.

(10) To adopt such rules and regulations consistent

with the provisions of this Act which shall be necessary

for the control, sale or disposition of alcoholic liquor

damaged as a result of an accident, wreck, flood, fire or

other similar occurrence.

(11) To develop industry educational programs related

to responsible serving and selling, particularly in the

areas of overserving consumers and illegal underage

purchasing and consumption of alcoholic beverages.

(11.1) To license persons providing education and

training to alcohol beverage sellers and servers for

mandatory and non-mandatory training under the Beverage

Alcohol Sellers and Servers Education and Training

(BASSET) programs and to develop and administer a public

awareness program in Illinois to reduce or eliminate the

illegal purchase and consumption of alcoholic beverage

products by persons under the age of 21. Application for a

license shall be made on forms provided by the State

Commission.

(12) To develop and maintain a repository of license

and regulatory information.

(13) On or before January 15, 1994, the Commission

shall issue a written report to the Governor and General

Assembly that is to be based on a comprehensive study of

the impact on and implications for the State of Illinois of

Section 1926 of the Federal ADAMHA Reorganization Act of

1992 (Public Law 102-321). This study shall address the

extent to which Illinois currently complies with the

provisions of P.L. 102-321 and the rules promulgated

pursuant thereto.

As part of its report, the Commission shall provide the

following essential information:

(i) the number of retail distributors of tobacco

products, by type and geographic area, in the State;

(ii) the number of reported citations and

successful convictions, categorized by type and

location of retail distributor, for violation of the

Prevention of Tobacco Use by Minors and Sale and

Distribution of Tobacco Products Act and the Smokeless

Tobacco Limitation Act;

(iii) the extent and nature of organized

educational and governmental activities that are

intended to promote, encourage or otherwise secure

compliance with any Illinois laws that prohibit the

sale or distribution of tobacco products to minors; and

(iv) the level of access and availability of

tobacco products to individuals under the age of 18.

To obtain the data necessary to comply with the

provisions of P.L. 102-321 and the requirements of this

report, the Commission shall conduct random, unannounced

inspections of a geographically and scientifically

representative sample of the State's retail tobacco

distributors.

The Commission shall consult with the Department of

Public Health, the Department of Human Services, the

Illinois State Police and any other executive branch

agency, and private organizations that may have

information relevant to this report.

The Commission may contract with the Food and Drug

Administration of the U.S. Department of Health and Human

Services to conduct unannounced investigations of Illinois

tobacco vendors to determine compliance with federal laws

relating to the illegal sale of cigarettes and smokeless

tobacco products to persons under the age of 18.

(14) On or before April 30, 2008 and every 2 years

thereafter, the Commission shall present a written report

to the Governor and the General Assembly that shall be

based on a study of the impact of this amendatory Act of

the 95th General Assembly on the business of soliciting,

selling, and shipping wine from inside and outside of this

State directly to residents of this State. As part of its

report, the Commission shall provide all of the following

information:

(A) The amount of State excise and sales tax

revenues generated.

(B) The amount of licensing fees received.

(C) The number of cases of wine shipped from inside

and outside of this State directly to residents of this

State.

(D) The number of alcohol compliance operations

conducted.

(E) The number of winery shipper's licenses

issued.

(F) The number of each of the following: reported

violations; cease and desist notices issued by the

Commission; notices of violations issued by the

Commission and to the Department of Revenue; and

notices and complaints of violations to law

enforcement officials, including, without limitation,

the Illinois Attorney General and the U.S. Department

of Treasury's Alcohol and Tobacco Tax and Trade Bureau.

(15) As a means to reduce the underage consumption of

alcoholic liquors, the Commission shall conduct alcohol

compliance operations to investigate whether businesses

that are soliciting, selling, and shipping wine from inside

or outside of this State directly to residents of this

State are licensed by this State or are selling or

attempting to sell wine to persons under 21 years of age in

violation of this Act.

(16) The Commission shall, in addition to notifying any

appropriate law enforcement agency, submit notices of

complaints or violations of Sections 6-29 and 6-29.1 by

persons who do not hold a winery shipper's license under

this amendatory Act to the Illinois Attorney General and to

the U.S. Department of Treasury's Alcohol and Tobacco Tax

and Trade Bureau.

(17) (A) A person licensed to make wine under the laws

of another state who has a winery shipper's license under

this amendatory Act and annually produces less than 25,000

gallons of wine or a person who has a first-class or

second-class wine manufacturer's license, a first-class or

second-class wine-maker's license, or a limited wine

manufacturer's license under this Act and annually

produces less than 25,000 gallons of wine may make

application to the Commission for a self-distribution

exemption to allow the sale of not more than 5,000 gallons

of the exemption holder's wine to retail licensees per

year.

(B) In the application, which shall be sworn under

penalty of perjury, such person shall state (1) the

date it was established; (2) its volume of production

and sales for each year since its establishment; (3)

its efforts to establish distributor relationships;

(4) that a self-distribution exemption is necessary to

facilitate the marketing of its wine; and (5) that it

will comply with the liquor and revenue laws of the

United States, this State, and any other state where it

is licensed.

(C) The Commission shall approve the application

for a self-distribution exemption if such person: (1)

is in compliance with State revenue and liquor laws;

(2) is not a member of any affiliated group that

produces more than 25,000 gallons of wine per annum or

produces any other alcoholic liquor; (3) will not

annually produce for sale more than 25,000 gallons of

wine; and (4) will not annually sell more than 5,000

gallons of its wine to retail licensees.

(D) A self-distribution exemption holder shall

annually certify to the Commission its production of

wine in the previous 12 months and its anticipated

production and sales for the next 12 months. The

Commission may fine, suspend, or revoke a

self-distribution exemption after a hearing if it

finds that the exemption holder has made a material

misrepresentation in its application, violated a

revenue or liquor law of Illinois, exceeded production

of 25,000 gallons of wine in any calendar year, or

become part of an affiliated group producing more than

25,000 gallons of wine or any other alcoholic liquor.

(E) Except in hearings for violations of this Act

or amendatory Act or a bona fide investigation by duly

sworn law enforcement officials, the Commission, or

its agents, the Commission shall maintain the

production and sales information of a

self-distribution exemption holder as confidential and

shall not release such information to any person.

(F) The Commission shall issue regulations

governing self-distribution exemptions consistent with

this Section and this Act.

(G) Nothing in this subsection (17) shall prohibit

a self-distribution exemption holder from entering

into or simultaneously having a distribution agreement

with a licensed Illinois distributor.

(H) It is the intent of this subsection (17) to

promote and continue orderly markets. The General

Assembly finds that in order to preserve Illinois'

regulatory distribution system it is necessary to

create an exception for smaller makers of wine as their

wines are frequently adjusted in varietals, mixes,

vintages, and taste to find and create market niches

sometimes too small for distributor or importing

distributor business strategies. Limited

self-distribution rights will afford and allow smaller

makers of wine access to the marketplace in order to

develop a customer base without impairing the

integrity of the 3-tier system.

(18) (A) A craft brewer licensee, who must also be

either a licensed brewer or licensed non-resident dealer

and annually manufacture less than 930,000 gallons of beer,

may make application to the Commission for a

self-distribution exemption to allow the sale of not more

than 232,500 gallons of the exemption holder's beer to

retail licensees per year.

(B) In the application, which shall be sworn under

penalty of perjury, the craft brewer licensee shall

state (1) the date it was established; (2) its volume

of beer manufactured and sold for each year since its

establishment; (3) its efforts to establish

distributor relationships; (4) that a

self-distribution exemption is necessary to facilitate

the marketing of its beer; and (5) that it will comply

with the alcoholic beverage and revenue laws of the

United States, this State, and any other state where it

is licensed.

(C) Any application submitted shall be posted on

the Commission's website at least 45 days prior to

action by the Commission. The Commission shall approve

the application for a self-distribution exemption if

the craft brewer licensee: (1) is in compliance with

the State, revenue, and alcoholic beverage laws; (2) is

not a member of any affiliated group that manufacturers

more than 930,000 gallons of beer per annum or produces

any other alcoholic beverages; (3) shall not annually

manufacture for sale more than 930,000 gallons of beer;

and (4) shall not annually sell more than 232,500

gallons of its beer to retail licensees.

(D) A self-distribution exemption holder shall

annually certify to the Commission its manufacture of

beer during the previous 12 months and its anticipated

manufacture and sales of beer for the next 12 months.

The Commission may fine, suspend, or revoke a

self-distribution exemption after a hearing if it

finds that the exemption holder has made a material

misrepresentation in its application, violated a

revenue or alcoholic beverage law of Illinois,

exceeded the manufacture of 930,000 gallons of beer in

any calendar year or became part of an affiliated group

manufacturing more than 930,000 gallons of beer or any

other alcoholic beverage.

(E) The Commission shall issue rules and

regulations governing self-distribution exemptions

consistent with this Act.

(F) Nothing in this paragraph (18) shall prohibit a

self-distribution exemption holder from entering into

or simultaneously having a distribution agreement with

a licensed Illinois importing distributor or a

distributor. If a self-distribution exemption holder

enters into a distribution agreement and has assigned

distribution rights to an importing distributor or

distributor, then the self-distribution exemption

holder's distribution rights in the assigned

territories shall cease in a reasonable time not to

exceed 60 days.

(G) It is the intent of this paragraph (18) to

promote and continue orderly markets. The General

Assembly finds that in order to preserve Illinois'

regulatory distribution system, it is necessary to

create an exception for smaller manufacturers in order

to afford and allow such smaller manufacturers of beer

access to the marketplace in order to develop a

customer base without impairing the integrity of the

3-tier system.

(b) On or before April 30, 1999, the Commission shall

present a written report to the Governor and the General

Assembly that shall be based on a study of the impact of this

amendatory Act of 1998 on the business of soliciting, selling,

and shipping alcoholic liquor from outside of this State

directly to residents of this State.

As part of its report, the Commission shall provide the

following information:

(i) the amount of State excise and sales tax revenues

generated as a result of this amendatory Act of 1998;

(ii) the amount of licensing fees received as a result

of this amendatory Act of 1998;

(iii) the number of reported violations, the number of

cease and desist notices issued by the Commission, the

number of notices of violations issued to the Department of

Revenue, and the number of notices and complaints of

violations to law enforcement officials.

(Source: P.A. 97-5, eff. 6-1-11; 98-401, eff. 8-16-13; 98-939,

eff. 7-1-15; 98-941, eff. 1-1-15; revised 10-6-14.)

(235 ILCS 5/6-15) (from Ch. 43, par. 130)

Sec. 6-15. No alcoholic liquors shall be sold or delivered

in any building belonging to or under the control of the State

or any political subdivision thereof except as provided in this

Act. The corporate authorities of any city, village,

incorporated town, township, or county may provide by

ordinance, however, that alcoholic liquor may be sold or

delivered in any specifically designated building belonging to

or under the control of the municipality, township, or county,

or in any building located on land under the control of the

municipality, township, or county; provided that such township

or county complies with all applicable local ordinances in any

incorporated area of the township or county. Alcoholic liquor

may be delivered to and sold under the authority of a special

use permit on any property owned by a conservation district

organized under the Conservation District Act, provided that

(i) the alcoholic liquor is sold only at an event authorized by

the governing board of the conservation district, (ii) the

issuance of the special use permit is authorized by the local

liquor control commissioner of the territory in which the

property is located, and (iii) the special use permit

authorizes the sale of alcoholic liquor for one day or less.

Alcoholic liquors may be delivered to and sold at any airport

belonging to or under the control of a municipality of more

than 25,000 inhabitants, or in any building or on any golf

course owned by a park district organized under the Park

District Code, subject to the approval of the governing board

of the district, or in any building or on any golf course owned

by a forest preserve district organized under the Downstate

Forest Preserve District Act, subject to the approval of the

governing board of the district, or on the grounds within 500

feet of any building owned by a forest preserve district

organized under the Downstate Forest Preserve District Act

during times when food is dispensed for consumption within 500

feet of the building from which the food is dispensed, subject

to the approval of the governing board of the district, or in a

building owned by a Local Mass Transit District organized under

the Local Mass Transit District Act, subject to the approval of

the governing Board of the District, or in Bicentennial Park,

or on the premises of the City of Mendota Lake Park located

adjacent to Route 51 in Mendota, Illinois, or on the premises

of Camden Park in Milan, Illinois, or in the community center

owned by the City of Loves Park that is located at 1000 River

Park Drive in Loves Park, Illinois, or, in connection with the

operation of an established food serving facility during times

when food is dispensed for consumption on the premises, and at

the following aquarium and museums located in public parks: Art

Institute of Chicago, Chicago Academy of Sciences, Chicago

Historical Society, Field Museum of Natural History, Museum of

Science and Industry, DuSable Museum of African American

History, John G. Shedd Aquarium and Adler Planetarium, or at

Lakeview Museum of Arts and Sciences in Peoria, or in

connection with the operation of the facilities of the Chicago

Zoological Society or the Chicago Horticultural Society on land

owned by the Forest Preserve District of Cook County, or on any

land used for a golf course or for recreational purposes owned

by the Forest Preserve District of Cook County, subject to the

control of the Forest Preserve District Board of Commissioners

and applicable local law, provided that dram shop liability

insurance is provided at maximum coverage limits so as to hold

the District harmless from all financial loss, damage, and

harm, or in any building located on land owned by the Chicago

Park District if approved by the Park District Commissioners,

or on any land used for a golf course or for recreational

purposes and owned by the Illinois International Port District

if approved by the District's governing board, or at any

airport, golf course, faculty center, or facility in which

conference and convention type activities take place belonging

to or under control of any State university or public community

college district, provided that with respect to a facility for

conference and convention type activities alcoholic liquors

shall be limited to the use of the convention or conference

participants or participants in cultural, political or

educational activities held in such facilities, and provided

further that the faculty or staff of the State university or a

public community college district, or members of an

organization of students, alumni, faculty or staff of the State

university or a public community college district are active

participants in the conference or convention, or in Memorial

Stadium on the campus of the University of Illinois at

Urbana-Champaign during games in which the Chicago Bears

professional football team is playing in that stadium during

the renovation of Soldier Field, not more than one and a half

hours before the start of the game and not after the end of the

third quarter of the game, or in the Pavilion Facility on the

campus of the University of Illinois at Chicago during games in

which the Chicago Storm professional soccer team is playing in

that facility, not more than one and a half hours before the

start of the game and not after the end of the third quarter of

the game, or in the Pavilion Facility on the campus of the

University of Illinois at Chicago during games in which the

WNBA professional women's basketball team is playing in that

facility, not more than one and a half hours before the start

of the game and not after the 10-minute mark of the second half

of the game, or by a catering establishment which has rented

facilities from a board of trustees of a public community

college district, or in a restaurant that is operated by a

commercial tenant in the North Campus Parking Deck building

that (1) is located at 1201 West University Avenue, Urbana,

Illinois and (2) is owned by the Board of Trustees of the

University of Illinois, or, if approved by the District board,

on land owned by the Metropolitan Sanitary District of Greater

Chicago and leased to others for a term of at least 20 years.

Nothing in this Section precludes the sale or delivery of

alcoholic liquor in the form of original packaged goods in

premises located at 500 S. Racine in Chicago belonging to the

University of Illinois and used primarily as a grocery store by

a commercial tenant during the term of a lease that predates

the University's acquisition of the premises; but the

University shall have no power or authority to renew, transfer,

or extend the lease with terms allowing the sale of alcoholic

liquor; and the sale of alcoholic liquor shall be subject to

all local laws and regulations. After the acquisition by

Winnebago County of the property located at 404 Elm Street in

Rockford, a commercial tenant who sold alcoholic liquor at

retail on a portion of the property under a valid license at

the time of the acquisition may continue to do so for so long

as the tenant and the County may agree under existing or future

leases, subject to all local laws and regulations regarding the

sale of alcoholic liquor. Alcoholic liquors may be delivered to

and sold at Memorial Hall, located at 211 North Main Street,

Rockford, under conditions approved by Winnebago County and

subject to all local laws and regulations regarding the sale of

alcoholic liquor. Each facility shall provide dram shop

liability in maximum insurance coverage limits so as to save

harmless the State, municipality, State university, airport,

golf course, faculty center, facility in which conference and

convention type activities take place, park district, Forest

Preserve District, public community college district,

aquarium, museum, or sanitary district from all financial loss,

damage or harm. Alcoholic liquors may be sold at retail in

buildings of golf courses owned by municipalities or Illinois

State University in connection with the operation of an

established food serving facility during times when food is

dispensed for consumption upon the premises. Alcoholic liquors

may be delivered to and sold at retail in any building owned by

a fire protection district organized under the Fire Protection

District Act, provided that such delivery and sale is approved

by the board of trustees of the district, and provided further

that such delivery and sale is limited to fundraising events

and to a maximum of 6 events per year. However, the limitation

to fundraising events and to a maximum of 6 events per year

does not apply to the delivery, sale, or manufacture of

alcoholic liquors at the building located at 59 Main Street in

Oswego, Illinois, owned by the Oswego Fire Protection District

if the alcoholic liquor is sold or dispensed as approved by the

Oswego Fire Protection District and the property is no longer

being utilized for fire protection purposes.

Alcoholic liquors may be served or sold in buildings under

the control of the Board of Trustees of the University of

Illinois for events that the Board may determine are public

events and not related student activities. The Board of

Trustees shall issue a written policy within 6 months of the

effective date of this amendatory Act of the 95th General

Assembly concerning the types of events that would be eligible

for an exemption. Thereafter, the Board of Trustees may issue

revised, updated, new, or amended policies as it deems

necessary and appropriate. In preparing its written policy, the

Board of Trustees shall, among other factors it considers

relevant and important, give consideration to the following:

(i) whether the event is a student activity or student related

activity; (ii) whether the physical setting of the event is

conducive to control of liquor sales and distribution; (iii)

the ability of the event operator to ensure that the sale or

serving of alcoholic liquors and the demeanor of the

participants are in accordance with State law and University

policies; (iv) regarding the anticipated attendees at the

event, the relative proportion of individuals under the age of

21 to individuals age 21 or older; (v) the ability of the venue

operator to prevent the sale or distribution of alcoholic

liquors to individuals under the age of 21; (vi) whether the

event prohibits participants from removing alcoholic beverages

from the venue; and (vii) whether the event prohibits

participants from providing their own alcoholic liquors to the

venue. In addition, any policy submitted by the Board of

Trustees to the Illinois Liquor Control Commission must require

that any event at which alcoholic liquors are served or sold in

buildings under the control of the Board of Trustees shall

require the prior written approval of the Office of the

Chancellor for the University campus where the event is

located. The Board of Trustees shall submit its policy, and any

subsequently revised, updated, new, or amended policies, to the

Illinois Liquor Control Commission, and any University event,

or location for an event, exempted under such policies shall

apply for a license under the applicable Sections of this Act.

Alcoholic liquors may be served or sold in buildings under

the control of the Board of Trustees of Northern Illinois

University for events that the Board may determine are public

events and not student-related activities. The Board of

Trustees shall issue a written policy within 6 months after

June 28, 2011 (the effective date of Public Act 97-45)

concerning the types of events that would be eligible for an

exemption. Thereafter, the Board of Trustees may issue revised,

updated, new, or amended policies as it deems necessary and

appropriate. In preparing its written policy, the Board of

Trustees shall, in addition to other factors it considers

relevant and important, give consideration to the following:

(i) whether the event is a student activity or student-related

activity; (ii) whether the physical setting of the event is

conducive to control of liquor sales and distribution; (iii)

the ability of the event operator to ensure that the sale or

serving of alcoholic liquors and the demeanor of the

participants are in accordance with State law and University

policies; (iv) the anticipated attendees at the event and the

relative proportion of individuals under the age of 21 to

individuals age 21 or older; (v) the ability of the venue

operator to prevent the sale or distribution of alcoholic

liquors to individuals under the age of 21; (vi) whether the

event prohibits participants from removing alcoholic beverages

from the venue; and (vii) whether the event prohibits

participants from providing their own alcoholic liquors to the

venue.

Alcoholic liquors may be served or sold in buildings under

the control of the Board of Trustees of Chicago State

University for events that the Board may determine are public

events and not student-related activities. The Board of

Trustees shall issue a written policy within 6 months after

August 2, 2013 (the effective date of Public Act 98-132)

concerning the types of events that would be eligible for an

exemption. Thereafter, the Board of Trustees may issue revised,

updated, new, or amended policies as it deems necessary and

appropriate. In preparing its written policy, the Board of

Trustees shall, in addition to other factors it considers

relevant and important, give consideration to the following:

(i) whether the event is a student activity or student-related

activity; (ii) whether the physical setting of the event is

conducive to control of liquor sales and distribution; (iii)

the ability of the event operator to ensure that the sale or

serving of alcoholic liquors and the demeanor of the

participants are in accordance with State law and University

policies; (iv) the anticipated attendees at the event and the

relative proportion of individuals under the age of 21 to

individuals age 21 or older; (v) the ability of the venue

operator to prevent the sale or distribution of alcoholic

liquors to individuals under the age of 21; (vi) whether the

event prohibits participants from removing alcoholic beverages

from the venue; and (vii) whether the event prohibits

participants from providing their own alcoholic liquors to the

venue.

Alcoholic liquors may be served or sold in buildings under

the control of the Board of Trustees of Illinois State

University for events that the Board may determine are public

events and not student-related activities. The Board of

Trustees shall issue a written policy within 6 months after the

effective date of this amendatory Act of the 97th General

Assembly concerning the types of events that would be eligible

for an exemption. Thereafter, the Board of Trustees may issue

revised, updated, new, or amended policies as it deems

necessary and appropriate. In preparing its written policy, the

Board of Trustees shall, in addition to other factors it

considers relevant and important, give consideration to the

following: (i) whether the event is a student activity or

student-related activity; (ii) whether the physical setting of

the event is conducive to control of liquor sales and

distribution; (iii) the ability of the event operator to ensure

that the sale or serving of alcoholic liquors and the demeanor

of the participants are in accordance with State law and

University policies; (iv) the anticipated attendees at the

event and the relative proportion of individuals under the age

of 21 to individuals age 21 or older; (v) the ability of the

venue operator to prevent the sale or distribution of alcoholic

liquors to individuals under the age of 21; (vi) whether the

event prohibits participants from removing alcoholic beverages

from the venue; and (vii) whether the event prohibits

participants from providing their own alcoholic liquors to the

venue.

Alcoholic liquor may be delivered to and sold at retail in

the Dorchester Senior Business Center owned by the Village of

Dolton if the alcoholic liquor is sold or dispensed only in

connection with organized functions for which the planned

attendance is 20 or more persons, and if the person or facility

selling or dispensing the alcoholic liquor has provided dram

shop liability insurance in maximum limits so as to hold

harmless the Village of Dolton and the State from all financial

loss, damage and harm.

Alcoholic liquors may be delivered to and sold at retail in

any building used as an Illinois State Armory provided:

(i) the Adjutant General's written consent to the

issuance of a license to sell alcoholic liquor in such

building is filed with the Commission;

(ii) the alcoholic liquor is sold or dispensed only in

connection with organized functions held on special

occasions;

(iii) the organized function is one for which the

planned attendance is 25 or more persons; and

(iv) the facility selling or dispensing the alcoholic

liquors has provided dram shop liability insurance in

maximum limits so as to save harmless the facility and the

State from all financial loss, damage or harm.

Alcoholic liquors may be delivered to and sold at retail in

the Chicago Civic Center, provided that:

(i) the written consent of the Public Building

Commission which administers the Chicago Civic Center is

filed with the Commission;

(ii) the alcoholic liquor is sold or dispensed only in

connection with organized functions held on special

occasions;

(iii) the organized function is one for which the

planned attendance is 25 or more persons;

(iv) the facility selling or dispensing the alcoholic

liquors has provided dram shop liability insurance in

maximum limits so as to hold harmless the Civic Center, the

City of Chicago and the State from all financial loss,

damage or harm; and

(v) all applicable local ordinances are complied with.

Alcoholic liquors may be delivered or sold in any building

belonging to or under the control of any city, village or

incorporated town where more than 75% of the physical

properties of the building is used for commercial or

recreational purposes, and the building is located upon a pier

extending into or over the waters of a navigable lake or stream

or on the shore of a navigable lake or stream. In accordance

with a license issued under this Act, alcoholic liquor may be

sold, served, or delivered in buildings and facilities under

the control of the Department of Natural Resources during

events or activities lasting no more than 7 continuous days

upon the written approval of the Director of Natural Resources

acting as the controlling government authority. The Director of

Natural Resources may specify conditions on that approval,

including but not limited to requirements for insurance and

hours of operation. Notwithstanding any other provision of this

Act, alcoholic liquor sold by a United States Army Corps of

Engineers or Department of Natural Resources concessionaire

who was operating on June 1, 1991 for on-premises consumption

only is not subject to the provisions of Articles IV and IX.

Beer and wine may be sold on the premises of the Joliet Park

District Stadium owned by the Joliet Park District when written

consent to the issuance of a license to sell beer and wine in

such premises is filed with the local liquor commissioner by

the Joliet Park District. Beer and wine may be sold in

buildings on the grounds of State veterans' homes when written

consent to the issuance of a license to sell beer and wine in

such buildings is filed with the Commission by the Department

of Veterans' Affairs, and the facility shall provide dram shop

liability in maximum insurance coverage limits so as to save

the facility harmless from all financial loss, damage or harm.

Such liquors may be delivered to and sold at any property owned

or held under lease by a Metropolitan Pier and Exposition

Authority or Metropolitan Exposition and Auditorium Authority.

Beer and wine may be sold and dispensed at professional

sporting events and at professional concerts and other

entertainment events conducted on premises owned by the Forest

Preserve District of Kane County, subject to the control of the

District Commissioners and applicable local law, provided that

dram shop liability insurance is provided at maximum coverage

limits so as to hold the District harmless from all financial

loss, damage and harm.

Nothing in this Section shall preclude the sale or delivery

of beer and wine at a State or county fair or the sale or

delivery of beer or wine at a city fair in any otherwise lawful

manner.

Alcoholic liquors may be sold at retail in buildings in

State parks under the control of the Department of Natural

Resources, provided:

a. the State park has overnight lodging facilities with

some restaurant facilities or, not having overnight

lodging facilities, has restaurant facilities which serve

complete luncheon and dinner or supper meals,

b. (blank), 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 delivered to and sold at retail in

any building owned by the Six Mile Regional Library District,

provided that the delivery and sale is approved by the board of

trustees of the Six Mile Regional Library District and the

delivery and sale is limited to a maximum of 6 library district

events per year. The Six Mile Regional Library District shall

provide dram shop liability in maximum insurance coverage

limits so as to save harmless the library district from all

financial loss, damage, or harm.

Alcoholic liquors may be sold or delivered in buildings

owned by the Community Building Complex Committee of Boone

County, Illinois if the person or facility selling or

dispensing the alcoholic liquor has provided dram shop

liability insurance with coverage and in amounts that the

Committee reasonably determines are necessary.

Alcoholic liquors may be sold or delivered in the building

located at 1200 Centerville Avenue in Belleville, Illinois and

occupied by either the Belleville Area Special Education

District or the Belleville Area Special Services Cooperative.

Alcoholic liquors may be delivered to and sold at the Louis

Joliet Renaissance Center, City Center Campus, located at 214

N. Ottawa Street, Joliet, and the Food Services/Culinary Arts

Department facilities, Main Campus, located at 1215 Houbolt

Road, Joliet, owned by or under the control of Joliet Junior

College, Illinois Community College District No. 525.

Alcoholic liquors may be delivered to and sold at Triton

College, Illinois Community College District No. 504.

Alcoholic liquors may be delivered to and sold at the

College of DuPage, Illinois Community College District No. 502.

Alcoholic liquors may be delivered to and sold at the

building located at 446 East Hickory Avenue in Apple River,

Illinois, owned by the Apple River Fire Protection District,

and occupied by the Apple River Community Association if the

alcoholic liquor is sold or dispensed only in connection with

organized functions approved by the Apple River Community

Association for which the planned attendance is 20 or more

persons and if the person or facility selling or dispensing the

alcoholic liquor has provided dram shop liability insurance in

maximum limits so as to hold harmless the Apple River Fire

Protection District, the Village of Apple River, and the Apple

River Community Association from all financial loss, damage,

and harm.

Alcoholic liquors may be delivered to and sold at the Sikia

Restaurant, Kennedy King College Campus, located at 740 West

63rd Street, Chicago, and at the Food Services in the Great

Hall/Washburne Culinary Institute Department facility, Kennedy

King College Campus, located at 740 West 63rd Street, Chicago,

owned by or under the control of City Colleges of Chicago,

Illinois Community College District No. 508.

(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51,

eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11;

97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff.

3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692, eff.

7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14; revised

10-3-14.)

(235 ILCS 5/6-36)

Sec. 6-36. Homemade brewed beverages.

(a) No license or permit is required under this Act for the

making of homemade brewed beverages or for the possession,

transportation, or storage of homemade brewed beverages by any

person 21 years of age or older, if all of the following apply:

(1) the person who makes the homemade brewed beverages

receives no compensation;

(2) the homemade brewed beverages are is not sold or

offered for sale; and

(3) the total quantity of homemade brewed beverages

made, in a calendar year, by the person does not exceed 100

gallons if the household has only one person 21 years of

age or older or 200 gallons if the household has 2 or more

persons 21 years of age or older.

(b) A person who makes, possesses, transports, or stores

homemade brewed beverages in compliance with the limitations

specified in subsection (a) is not a brewer, craft brewer,

wholesaler, retailer, or a manufacturer of beer for the

purposes of this Act.

(c) Homemade brewed beverages made in compliance with the

limitations specified in subsection (a) may be consumed by the

person who made it and his or her family, neighbors, and

friends at any private residence or other private location

where the possession and consumption of alcohol are is

permissible under this Act, local ordinances, and other

applicable law, provided that the homemade brewed beverages are

not made available for consumption by the general public.

(d) Homemade brewed beverages made in compliance with the

limitations specified in subsection (a) may be used for

purposes of a public exhibition, demonstration, tasting, or

sampling with sampling sizes as authorized by Section 6-31, if

the event is held at a private residence or at a location other

than a retail licensed premises. If the public event is not

held at a private residence, the event organizer shall obtain a

homebrewer special event permit for each location, and is

subject to the provisions in subsection (a) of Section 6-21.

Homemade brewed beverages used for purposes described in this

subsection (d), including the submission or consumption of the

homemade brewed beverages, are not considered sold or offered

for sale under this Act. A public exhibition, demonstration,

tasting, or sampling with sampling sizes as authorized by

Section 6-31 held by a licensee on a location other than a

retail licensed premises may require an admission charge to the

event, but no separate or additional fee may be charged for the

consumption of a person's homemade brewed beverages at the

public exhibition, demonstration, tasting, or sampling with

sampling sizes as authorized by Section 6-31. Event admission

charges that are collected may be partially used to provide

prizes to makers of homemade brewed beverages, but the

admission charges may not be divided in any fashion among the

makers of the homemade brewed beverages who participate in the

event. Homemade brewed beverages used for purposes described in

this subsection (d) are not considered sold or offered for sale

under this Act if a maker of homemade brewed beverages receives

free event admission or discounted event admission in return

for the maker's donation of the homemade brewed beverages to an

event specified in this subsection (d) that collects event

admission charges; free admission or discounted admission to

the event is not considered compensation under this Act. No

admission fee and no charge for the consumption of a person's

homemade brewed beverage may be collected if the public

exhibition, demonstration, tasting, or sampling with sampling

sizes as authorized by Section 6-31 is held at a private

residence.

(e) A person who is not a licensee under this Act may at a

private residence, and a person who is a licensee under this

Act may on the licensed premises, conduct, sponsor, or host a

contest, competition, or other event for the exhibition,

demonstration, judging, tasting, or sampling of homemade

brewed beverages made in compliance with the limitations

specified in subsection (a), if the person does not sell the

homemade brewed beverages and, unless the person is the brewer

of the homemade brewed beverages, does not acquire any

ownership interest in the homemade brewed beverages. If the

contest, competition, exhibition, demonstration, or judging is

not held at a private residence, the consumption of the

homemade brewed beverages is limited to qualified judges and

stewards as defined by a national or international beer judging

program, who are identified by the event organizer in advance

of the contest, competition, exhibition, demonstration, or

judging. Homemade brewed beverages used for the purposes

described in this subsection (e), including the submission or

consumption of the homemade brewed beverages, are not

considered sold or offered for sale under this Act and any

prize awarded at a contest or competition or as a result of an

exhibition, demonstration, or judging is not considered

compensation under this Act. An exhibition, demonstration,

judging, contest, or competition held by a licensee on a

licensed premises may require an admission charge to the event,

but no separate or additional fee may be charged for the

consumption of a person's homemade brewed beverage at the

exhibition, demonstration, judging, contest, or competition. A

portion of event admission charges that are collected may be

used to provide prizes to makers of homemade brewed beverages,

but the admission charges may not be divided in any fashion

among the makers of the homemade brewed beverages who

participate in the event. Homemade brewed beverages used for

purposes described in this subsection (e) are not considered

sold or offered for sale under this Act if a maker of homemade

brewed beverages receives free event admission or discounted

event admission in return for the maker's donation of the

homemade brewed beverages to an event specified in this

subsection (e) that collects event admission charges; free

admission or discounted admission to the event is not

considered compensation under this Act. No admission fee and no

charge for the consumption of a person's homemade brewed

beverage may be charged if the exhibition, demonstration,

judging, contest, or competition is held at a private

residence. The fact that a person is acting in a manner

authorized by this Section is not, by itself, sufficient to

constitute a public nuisance under Section 10-7 of this Act. If

the contest, competition, or other event is held on licensed

premises, the licensee may allow the homemade brewed beverages

to be stored on the premises if the homemade brewed beverages

are clearly identified and , kept separate from any alcohol

beverages owned by the licensee. If the contest, competition,

or other event is held on licensed premises, other provisions

of this Act not inconsistent with this Section apply.

(f) A commercial enterprise engaged primarily in selling

supplies and equipment to the public for use by homebrewers may

manufacture homemade brewed beverages for the purpose of

tasting the homemade brewed beverages at the location of the

commercial enterprise, provided that the homemade brewed

beverages are not sold or offered for sale. Homemade brewed

beverages provided at a commercial enterprise for tasting under

this subsection (f) shall be in compliance with Sections 6-16,

6-21, and 6-31 of this Act. A commercial enterprise engaged

solely in selling supplies and equipment for use by homebrewers

shall not be required to secure a license under this Act,

however, such commercial enterprise 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.

(g) Homemade brewed beverages are not subject to Section

8-1 of this Act.

(Source: P.A. 98-55, eff. 7-5-13; revised 11-26-14.)

Section 340. The Illinois Public Aid Code is amended by

changing Sections 5-5, 5-5.2, 5A-5, and 5A-8 and by setting

forth and renumbering multiple versions of Section 12-4.47 as

follows:

(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)

Sec. 5-5. Medical services. The Illinois Department, by

rule, shall determine the quantity and quality of and the rate

of reimbursement for the medical assistance for which payment

will be authorized, and the medical services to be provided,

which may include all or part of the following: (1) inpatient

hospital services; (2) outpatient hospital services; (3) other

laboratory and X-ray services; (4) skilled nursing home

services; (5) physicians' services whether furnished in the

office, the patient's home, a hospital, a skilled nursing home,

or elsewhere; (6) medical care, or any other type of remedial

care furnished by licensed practitioners; (7) home health care

services; (8) private duty nursing service; (9) clinic

services; (10) dental services, including prevention and

treatment of periodontal disease and dental caries disease for

pregnant women, provided by an individual licensed to practice

dentistry or dental surgery; for purposes of this item (10),

"dental services" means diagnostic, preventive, or corrective

procedures provided by or under the supervision of a dentist in

the practice of his or her profession; (11) physical therapy

and related services; (12) prescribed drugs, dentures, and

prosthetic devices; and eyeglasses prescribed by a physician

skilled in the diseases of the eye, or by an optometrist,

whichever the person may select; (13) other diagnostic,

screening, preventive, and rehabilitative services, including

to ensure that the individual's need for intervention or

treatment of mental disorders or substance use disorders or

co-occurring mental health and substance use disorders is

determined using a uniform screening, assessment, and

evaluation process inclusive of criteria, for children and

adults; for purposes of this item (13), a uniform screening,

assessment, and evaluation process refers to a process that

includes an appropriate evaluation and, as warranted, a

referral; "uniform" does not mean the use of a singular

instrument, tool, or process that all must utilize; (14)

transportation and such other expenses as may be necessary;

(15) medical treatment of sexual assault survivors, as defined

in Section 1a of the Sexual Assault Survivors Emergency

Treatment Act, for injuries sustained as a result of the sexual

assault, including examinations and laboratory tests to

discover evidence which may be used in criminal proceedings

arising from the sexual assault; (16) the diagnosis and

treatment of sickle cell anemia; and (17) any other medical

care, and any other type of remedial care recognized under the

laws of this State, but not including abortions, or induced

miscarriages or premature births, unless, in the opinion of a

physician, such procedures are necessary for the preservation

of the life of the woman seeking such treatment, or except an

induced premature birth intended to produce a live viable child

and such procedure is necessary for the health of the mother or

her unborn child. The Illinois Department, by rule, shall

prohibit any physician from providing medical assistance to

anyone eligible therefor under this Code where such physician

has been found guilty of performing an abortion procedure in a

wilful and wanton manner upon a woman who was not pregnant at

the time such abortion procedure was performed. The term "any

other type of remedial care" shall include nursing care and

nursing home service for persons who rely on treatment by

spiritual means alone through prayer for healing.

Notwithstanding any other provision of this Section, a

comprehensive tobacco use cessation program that includes

purchasing prescription drugs or prescription medical devices

approved by the Food and Drug Administration shall be covered

under the medical assistance program under this Article for

persons who are otherwise eligible for assistance under this

Article.

Notwithstanding any other provision of this Code, the

Illinois Department may not require, as a condition of payment

for any laboratory test authorized under this Article, that a

physician's handwritten signature appear on the laboratory

test order form. The Illinois Department may, however, impose

other appropriate requirements regarding laboratory test order

documentation.

Upon receipt of federal approval of an amendment to the

Illinois Title XIX State Plan for this purpose, the Department

shall authorize the Chicago Public Schools (CPS) to procure a

vendor or vendors to manufacture eyeglasses for individuals

enrolled in a school within the CPS system. CPS shall ensure

that its vendor or vendors are enrolled as providers in the

medical assistance program and in any capitated Medicaid

managed care entity (MCE) serving individuals enrolled in a

school within the CPS system. Under any contract procured under

this provision, the vendor or vendors must serve only

individuals enrolled in a school within the CPS system. Claims

for services provided by CPS's vendor or vendors to recipients

of benefits in the medical assistance program under this Code,

the Children's Health Insurance Program, or the Covering ALL

KIDS Health Insurance Program shall be submitted to the

Department or the MCE in which the individual is enrolled for

payment and shall be reimbursed at the Department's or the

MCE's established rates or rate methodologies for eyeglasses.

On and after July 1, 2012, the Department of Healthcare and

Family Services may provide the following services to persons

eligible for assistance under this Article who are

participating in education, training or employment programs

operated by the Department of Human Services as successor to

the Department of Public Aid:

(1) dental services provided by or under the

supervision of a dentist; and

(2) eyeglasses prescribed by a physician skilled in the

diseases of the eye, or by an optometrist, whichever the

person may select.

Notwithstanding any other provision of this Code and

subject to federal approval, the Department may adopt rules to

allow a dentist who is volunteering his or her service at no

cost to render dental services through an enrolled

not-for-profit health clinic without the dentist personally

enrolling as a participating provider in the medical assistance

program. A not-for-profit health clinic shall include a public

health clinic or Federally Qualified Health Center or other

enrolled provider, as determined by the Department, through

which dental services covered under this Section are performed.

The Department shall establish a process for payment of claims

for reimbursement for covered dental services rendered under

this provision.

The Illinois Department, by rule, may distinguish and

classify the medical services to be provided only in accordance

with the classes of persons designated in Section 5-2.

The Department of Healthcare and Family Services must

provide coverage and reimbursement for amino acid-based

elemental formulas, regardless of delivery method, for the

diagnosis and treatment of (i) eosinophilic disorders and (ii)

short bowel syndrome when the prescribing physician has issued

a written order stating that the amino acid-based elemental

formula is medically necessary.

The Illinois Department shall authorize the provision of,

and shall authorize payment for, screening by low-dose

mammography for the presence of occult breast cancer for women

35 years of age or older who are eligible for medical

assistance under this Article, as follows:

(A) A baseline mammogram for women 35 to 39 years of

age.

(B) An annual mammogram for women 40 years of age or

older.

(C) A mammogram at the age and intervals considered

medically necessary by the woman's health care provider for

women under 40 years of age and having a family history of

breast cancer, prior personal history of breast cancer,

positive genetic testing, or other risk factors.

(D) A comprehensive ultrasound screening of an entire

breast or breasts if a mammogram demonstrates

heterogeneous or dense breast tissue, when medically

necessary as determined by a physician licensed to practice

medicine in all of its branches.

All screenings shall include a physical breast exam,

instruction on self-examination and information regarding the

frequency of self-examination and its value as a preventative

tool. For purposes of this Section, "low-dose mammography"

means the x-ray examination of the breast using equipment

dedicated specifically for mammography, including the x-ray

tube, filter, compression device, and image receptor, with an

average radiation exposure delivery of less than one rad per

breast for 2 views of an average size breast. The term also

includes digital mammography.

On and after January 1, 2012, providers participating in a

quality improvement program approved by the Department shall be

reimbursed for screening and diagnostic mammography at the same

rate as the Medicare program's rates, including the increased

reimbursement for digital mammography.

The Department shall convene an expert panel including

representatives of hospitals, free-standing mammography

facilities, and doctors, including radiologists, to establish

quality standards.

Subject to federal approval, the Department shall

establish a rate methodology for mammography at federally

qualified health centers and other encounter-rate clinics.

These clinics or centers may also collaborate with other

hospital-based mammography facilities.

The Department shall establish a methodology to remind

women who are age-appropriate for screening mammography, but

who have not received a mammogram within the previous 18

months, of the importance and benefit of screening mammography.

The Department shall establish a performance goal for

primary care providers with respect to their female patients

over age 40 receiving an annual mammogram. This performance

goal shall be used to provide additional reimbursement in the

form of a quality performance bonus to primary care providers

who meet that goal.

The Department shall devise a means of case-managing or

patient navigation for beneficiaries diagnosed with breast

cancer. This program shall initially operate as a pilot program

in areas of the State with the highest incidence of mortality

related to breast cancer. At least one pilot program site shall

be in the metropolitan Chicago area and at least one site shall

be outside the metropolitan Chicago area. An evaluation of the

pilot program shall be carried out measuring health outcomes

and cost of care for those served by the pilot program compared

to similarly situated patients who are not served by the pilot

program.

Any medical or health care provider shall immediately

recommend, to any pregnant woman who is being provided prenatal

services and is suspected of drug abuse or is addicted as

defined in the Alcoholism and Other Drug Abuse and Dependency

Act, referral to a local substance abuse treatment provider

licensed by the Department of Human Services or to a licensed

hospital which provides substance abuse treatment services.

The Department of Healthcare and Family Services shall assure

coverage for the cost of treatment of the drug abuse or

addiction for pregnant recipients in accordance with the

Illinois Medicaid Program in conjunction with the Department of

Human Services.

All medical providers providing medical assistance to

pregnant women under this Code shall receive information from

the Department on the availability of services under the Drug

Free Families with a Future or any comparable program providing

case management services for addicted women, including

information on appropriate referrals for other social services

that may be needed by addicted women in addition to treatment

for addiction.

The Illinois Department, in cooperation with the

Departments of Human Services (as successor to the Department

of Alcoholism and Substance Abuse) and Public Health, through a

public awareness campaign, may provide information concerning

treatment for alcoholism and drug abuse and addiction, prenatal

health care, and other pertinent programs directed at reducing

the number of drug-affected infants born to recipients of

medical assistance.

Neither the Department of Healthcare and Family Services

nor the Department of Human Services shall sanction the

recipient solely on the basis of her substance abuse.

The Illinois Department shall establish such regulations

governing the dispensing of health services under this Article

as it shall deem appropriate. The Department should seek the

advice of formal professional advisory committees appointed by

the Director of the Illinois Department for the purpose of

providing regular advice on policy and administrative matters,

information dissemination and educational activities for

medical and health care providers, and consistency in

procedures to the Illinois Department.

The Illinois Department may develop and contract with

Partnerships of medical providers to arrange medical services

for persons eligible under Section 5-2 of this Code.

Implementation of this Section may be by demonstration projects

in certain geographic areas. The Partnership shall be

represented by a sponsor organization. The Department, by rule,

shall develop qualifications for sponsors of Partnerships.

Nothing in this Section shall be construed to require that the

sponsor organization be a medical organization.

The sponsor must negotiate formal written contracts with

medical providers for physician services, inpatient and

outpatient hospital care, home health services, treatment for

alcoholism and substance abuse, and other services determined

necessary by the Illinois Department by rule for delivery by

Partnerships. Physician services must include prenatal and

obstetrical care. The Illinois Department shall reimburse

medical services delivered by Partnership providers to clients

in target areas according to provisions of this Article and the

Illinois Health Finance Reform Act, except that:

(1) Physicians participating in a Partnership and

providing certain services, which shall be determined by

the Illinois Department, to persons in areas covered by the

Partnership may receive an additional surcharge for such

services.

(2) The Department may elect to consider and negotiate

financial incentives to encourage the development of

Partnerships and the efficient delivery of medical care.

(3) Persons receiving medical services through

Partnerships may receive medical and case management

services above the level usually offered through the

medical assistance program.

Medical providers shall be required to meet certain

qualifications to participate in Partnerships to ensure the

delivery of high quality medical services. These

qualifications shall be determined by rule of the Illinois

Department and may be higher than qualifications for

participation in the medical assistance program. Partnership

sponsors may prescribe reasonable additional qualifications

for participation by medical providers, only with the prior

written approval of the Illinois Department.

Nothing in this Section shall limit the free choice of

practitioners, hospitals, and other providers of medical

services by clients. In order to ensure patient freedom of

choice, the Illinois Department shall immediately promulgate

all rules and take all other necessary actions so that provided

services may be accessed from therapeutically certified

optometrists to the full extent of the Illinois Optometric

Practice Act of 1987 without discriminating between service

providers.

The Department shall apply for a waiver from the United

States Health Care Financing Administration to allow for the

implementation of Partnerships under this Section.

The Illinois Department shall require health care

providers to maintain records that document the medical care

and services provided to recipients of Medical Assistance under

this Article. Such records must be retained for a period of not

less than 6 years from the date of service or as provided by

applicable State law, whichever period is longer, except that

if an audit is initiated within the required retention period

then the records must be retained until the audit is completed

and every exception is resolved. The Illinois Department shall

require health care providers to make available, when

authorized by the patient, in writing, the medical records in a

timely fashion to other health care providers who are treating

or serving persons eligible for Medical Assistance under this

Article. All dispensers of medical services shall be required

to maintain and retain business and professional records

sufficient to fully and accurately document the nature, scope,

details and receipt of the health care provided to persons

eligible for medical assistance under this Code, in accordance

with regulations promulgated by the Illinois Department. The

rules and regulations shall require that proof of the receipt

of prescription drugs, dentures, prosthetic devices and

eyeglasses by eligible persons under this Section accompany

each claim for reimbursement submitted by the dispenser of such

medical services. No such claims for reimbursement shall be

approved for payment by the Illinois Department without such

proof of receipt, unless the Illinois Department shall have put

into effect and shall be operating a system of post-payment

audit and review which shall, on a sampling basis, be deemed

adequate by the Illinois Department to assure that such drugs,

dentures, prosthetic devices and eyeglasses for which payment

is being made are actually being received by eligible

recipients. Within 90 days after the effective date of this

amendatory Act of 1984, the Illinois Department shall establish

a current list of acquisition costs for all prosthetic devices

and any other items recognized as medical equipment and

supplies reimbursable under this Article and shall update such

list on a quarterly basis, except that the acquisition costs of

all prescription drugs shall be updated no less frequently than

every 30 days as required by Section 5-5.12.

The rules and regulations of the Illinois Department shall

require that a written statement including the required opinion

of a physician shall accompany any claim for reimbursement for

abortions, or induced miscarriages or premature births. This

statement shall indicate what procedures were used in providing

such medical services.

Notwithstanding any other law to the contrary, the Illinois

Department shall, within 365 days after July 22, 2013, (the

effective date of Public Act 98-104), establish procedures to

permit skilled care facilities licensed under the Nursing Home

Care Act to submit monthly billing claims for reimbursement

purposes. Following development of these procedures, the

Department shall have an additional 365 days to test the

viability of the new system and to ensure that any necessary

operational or structural changes to its information

technology platforms are implemented.

Notwithstanding any other law to the contrary, the Illinois

Department shall, within 365 days after August 15, 2014 (the

effective date of Public Act 98-963) this amendatory Act of the

98th General Assembly, establish procedures to permit ID/DD

facilities licensed under the ID/DD Community Care Act to

submit monthly billing claims for reimbursement purposes.

Following development of these procedures, the Department

shall have an additional 365 days to test the viability of the

new system and to ensure that any necessary operational or

structural changes to its information technology platforms are

implemented.

The Illinois Department shall require all dispensers of

medical services, other than an individual practitioner or

group of practitioners, desiring to participate in the Medical

Assistance program established under this Article to disclose

all financial, beneficial, ownership, equity, surety or other

interests in any and all firms, corporations, partnerships,

associations, business enterprises, joint ventures, agencies,

institutions or other legal entities providing any form of

health care services in this State under this Article.

The Illinois Department may require that all dispensers of

medical services desiring to participate in the medical

assistance program established under this Article disclose,

under such terms and conditions as the Illinois Department may

by rule establish, all inquiries from clients and attorneys

regarding medical bills paid by the Illinois Department, which

inquiries could indicate potential existence of claims or liens

for the Illinois Department.

Enrollment of a vendor shall be subject to a provisional

period and shall be conditional for one year. During the period

of conditional enrollment, the Department may terminate the

vendor's eligibility to participate in, or may disenroll the

vendor from, the medical assistance program without cause.

Unless otherwise specified, such termination of eligibility or

disenrollment is not subject to the Department's hearing

process. However, a disenrolled vendor may reapply without

penalty.

The Department has the discretion to limit the conditional

enrollment period for vendors based upon category of risk of

the vendor.

Prior to enrollment and during the conditional enrollment

period in the medical assistance program, all vendors shall be

subject to enhanced oversight, screening, and review based on

the risk of fraud, waste, and abuse that is posed by the

category of risk of the vendor. The Illinois Department shall

establish the procedures for oversight, screening, and review,

which may include, but need not be limited to: criminal and

financial background checks; fingerprinting; license,

certification, and authorization verifications; unscheduled or

unannounced site visits; database checks; prepayment audit

reviews; audits; payment caps; payment suspensions; and other

screening as required by federal or State law.

The Department shall define or specify the following: (i)

by provider notice, the "category of risk of the vendor" for

each type of vendor, which shall take into account the level of

screening applicable to a particular category of vendor under

federal law and regulations; (ii) by rule or provider notice,

the maximum length of the conditional enrollment period for

each category of risk of the vendor; and (iii) by rule, the

hearing rights, if any, afforded to a vendor in each category

of risk of the vendor that is terminated or disenrolled during

the conditional enrollment period.

To be eligible for payment consideration, a vendor's

payment claim or bill, either as an initial claim or as a

resubmitted claim following prior rejection, must be received

by the Illinois Department, or its fiscal intermediary, no

later than 180 days after the latest date on the claim on which

medical goods or services were provided, with the following

exceptions:

(1) In the case of a provider whose enrollment is in

process by the Illinois Department, the 180-day period

shall not begin until the date on the written notice from

the Illinois Department that the provider enrollment is

complete.

(2) In the case of errors attributable to the Illinois

Department or any of its claims processing intermediaries

which result in an inability to receive, process, or

adjudicate a claim, the 180-day period shall not begin

until the provider has been notified of the error.

(3) In the case of a provider for whom the Illinois

Department initiates the monthly billing process.

(4) In the case of a provider operated by a unit of

local government with a population exceeding 3,000,000

when local government funds finance federal participation

for claims payments.

For claims for services rendered during a period for which

a recipient received retroactive eligibility, claims must be

filed within 180 days after the Department determines the

applicant is eligible. For claims for which the Illinois

Department is not the primary payer, claims must be submitted

to the Illinois Department within 180 days after the final

adjudication by the primary payer.

In the case of long term care facilities, within 5 days of

receipt by the facility of required prescreening information,

data for new admissions shall be entered into the Medical

Electronic Data Interchange (MEDI) or the Recipient

Eligibility Verification (REV) System or successor system, and

within 15 days of receipt by the facility of required

prescreening information, admission documents shall be

submitted through MEDI or REV or shall be submitted directly to

the Department of Human Services using required admission

forms. Effective September 1, 2014, admission documents,

including all prescreening information, must be submitted

through MEDI or REV. Confirmation numbers assigned to an

accepted transaction shall be retained by a facility to verify

timely submittal. Once an admission transaction has been

completed, all resubmitted claims following prior rejection

are subject to receipt no later than 180 days after the

admission transaction has been completed.

Claims that are not submitted and received in compliance

with the foregoing requirements shall not be eligible for

payment under the medical assistance program, and the State

shall have no liability for payment of those claims.

To the extent consistent with applicable information and

privacy, security, and disclosure laws, State and federal

agencies and departments shall provide the Illinois Department

access to confidential and other information and data necessary

to perform eligibility and payment verifications and other

Illinois Department functions. This includes, but is not

limited to: information pertaining to licensure;

certification; earnings; immigration status; citizenship; wage

reporting; unearned and earned income; pension income;

employment; supplemental security income; social security

numbers; National Provider Identifier (NPI) numbers; the

National Practitioner Data Bank (NPDB); program and agency

exclusions; taxpayer identification numbers; tax delinquency;

corporate information; and death records.

The Illinois Department shall enter into agreements with

State agencies and departments, and is authorized to enter into

agreements with federal agencies and departments, under which

such agencies and departments shall share data necessary for

medical assistance program integrity functions and oversight.

The Illinois Department shall develop, in cooperation with

other State departments and agencies, and in compliance with

applicable federal laws and regulations, appropriate and

effective methods to share such data. At a minimum, and to the

extent necessary to provide data sharing, the Illinois

Department shall enter into agreements with State agencies and

departments, and is authorized to enter into agreements with

federal agencies and departments, including but not limited to:

the Secretary of State; the Department of Revenue; the

Department of Public Health; the Department of Human Services;

and the Department of Financial and Professional Regulation.

Beginning in fiscal year 2013, the Illinois Department

shall set forth a request for information to identify the

benefits of a pre-payment, post-adjudication, and post-edit

claims system with the goals of streamlining claims processing

and provider reimbursement, reducing the number of pending or

rejected claims, and helping to ensure a more transparent

adjudication process through the utilization of: (i) provider

data verification and provider screening technology; and (ii)

clinical code editing; and (iii) pre-pay, pre- or

post-adjudicated predictive modeling with an integrated case

management system with link analysis. Such a request for

information shall not be considered as a request for proposal

or as an obligation on the part of the Illinois Department to

take any action or acquire any products or services.

The Illinois Department shall establish policies,

procedures, standards and criteria by rule for the acquisition,

repair and replacement of orthotic and prosthetic devices and

durable medical equipment. Such rules shall provide, but not be

limited to, the following services: (1) immediate repair or

replacement of such devices by recipients; and (2) rental,

lease, purchase or lease-purchase of durable medical equipment

in a cost-effective manner, taking into consideration the

recipient's medical prognosis, the extent of the recipient's

needs, and the requirements and costs for maintaining such

equipment. Subject to prior approval, such rules shall enable a

recipient to temporarily acquire and use alternative or

substitute devices or equipment pending repairs or

replacements of any device or equipment previously authorized

for such recipient by the Department.

The Department shall execute, relative to the nursing home

prescreening project, written inter-agency agreements with the

Department of Human Services and the Department on Aging, to

effect the following: (i) intake procedures and common

eligibility criteria for those persons who are receiving

non-institutional services; and (ii) the establishment and

development of non-institutional services in areas of the State

where they are not currently available or are undeveloped; and

(iii) notwithstanding any other provision of law, subject to

federal approval, on and after July 1, 2012, an increase in the

determination of need (DON) scores from 29 to 37 for applicants

for institutional and home and community-based long term care;

if and only if federal approval is not granted, the Department

may, in conjunction with other affected agencies, implement

utilization controls or changes in benefit packages to

effectuate a similar savings amount for this population; and

(iv) no later than July 1, 2013, minimum level of care

eligibility criteria for institutional and home and

community-based long term care; and (v) no later than October

1, 2013, establish procedures to permit long term care

providers access to eligibility scores for individuals with an

admission date who are seeking or receiving services from the

long term care provider. In order to select the minimum level

of care eligibility criteria, the Governor shall establish a

workgroup that includes affected agency representatives and

stakeholders representing the institutional and home and

community-based long term care interests. This Section shall

not restrict the Department from implementing lower level of

care eligibility criteria for community-based services in

circumstances where federal approval has been granted.

The Illinois Department shall develop and operate, in

cooperation with other State Departments and agencies and in

compliance with applicable federal laws and regulations,

appropriate and effective systems of health care evaluation and

programs for monitoring of utilization of health care services

and facilities, as it affects persons eligible for medical

assistance under this Code.

The Illinois Department shall report annually to the

General Assembly, no later than the second Friday in April of

1979 and each year thereafter, in regard to:

(a) actual statistics and trends in utilization of

medical services by public aid recipients;

(b) actual statistics and trends in the provision of

the various medical services by medical vendors;

(c) current rate structures and proposed changes in

those rate structures for the various medical vendors; and

(d) efforts at utilization review and control by the

Illinois Department.

The period covered by each report shall be the 3 years

ending on the June 30 prior to the report. The report shall

include suggested legislation for consideration by the General

Assembly. The filing of one copy of the report with the

Speaker, one copy with the Minority Leader and one copy with

the Clerk of the House of Representatives, one copy with the

President, one copy with the Minority Leader and one copy with

the Secretary of the Senate, one copy with the Legislative

Research Unit, and such additional copies with the State

Government Report Distribution Center for the General Assembly

as is required under paragraph (t) of Section 7 of the State

Library Act shall be deemed sufficient to comply with this

Section.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

On and after July 1, 2012, the Department shall reduce any

rate of reimbursement for services or other payments or alter

any methodologies authorized by this Code to reduce any rate of

reimbursement for services or other payments in accordance with

Section 5-5e.

Because kidney transplantation can be an appropriate, cost

effective alternative to renal dialysis when medically

necessary and notwithstanding the provisions of Section 1-11 of

this Code, beginning October 1, 2014, the Department shall

cover kidney transplantation for noncitizens with end-stage

renal disease who are not eligible for comprehensive medical

benefits, who meet the residency requirements of Section 5-3 of

this Code, and who would otherwise meet the financial

requirements of the appropriate class of eligible persons under

Section 5-2 of this Code. To qualify for coverage of kidney

transplantation, such person must be receiving emergency renal

dialysis services covered by the Department. Providers under

this Section shall be prior approved and certified by the

Department to perform kidney transplantation and the services

under this Section shall be limited to services associated with

kidney transplantation.

(Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689,

eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section

9-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff.

7-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; 98-651,

eff. 6-16-14; 98-756, eff. 7-16-14; 98-963, eff. 8-15-14;

revised 10-2-14.)

(305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)

Sec. 5-5.2. Payment.

(a) All nursing facilities that are grouped pursuant to

Section 5-5.1 of this Act shall receive the same rate of

payment for similar services.

(b) It shall be a matter of State policy that the Illinois

Department shall utilize a uniform billing cycle throughout the

State for the long-term care providers.

(c) Notwithstanding any other provisions of this Code, the

methodologies for reimbursement of nursing services as

provided under this Article shall no longer be applicable for

bills payable for nursing services rendered on or after a new

reimbursement system based on the Resource Utilization Groups

(RUGs) has been fully operationalized, which shall take effect

for services provided on or after January 1, 2014.

(d) The new nursing services reimbursement methodology

utilizing RUG-IV 48 grouper model, which shall be referred to

as the RUGs reimbursement system, taking effect January 1,

2014, shall be based on the following:

(1) The methodology shall be resident-driven,

facility-specific, and cost-based.

(2) Costs shall be annually rebased and case mix index

quarterly updated. The nursing services methodology will

be assigned to the Medicaid enrolled residents on record as

of 30 days prior to the beginning of the rate period in the

Department's Medicaid Management Information System (MMIS)

as present on the last day of the second quarter preceding

the rate period based upon the Assessment Reference Date of

the Minimum Data Set (MDS).

(3) Regional wage adjustors based on the Health Service

Areas (HSA) groupings and adjusters in effect on April 30,

2012 shall be included.

(4) Case mix index shall be assigned to each resident

class based on the Centers for Medicare and Medicaid

Services staff time measurement study in effect on July 1,

2013, utilizing an index maximization approach.

(5) The pool of funds available for distribution by

case mix and the base facility rate shall be determined

using the formula contained in subsection (d-1).

(d-1) Calculation of base year Statewide RUG-IV nursing

base per diem rate.

(1) Base rate spending pool shall be:

(A) The base year resident days which are

calculated by multiplying the number of Medicaid

residents in each nursing home as indicated in the MDS

data defined in paragraph (4) by 365.

(B) Each facility's nursing component per diem in

effect on July 1, 2012 shall be multiplied by

subsection (A).

(C) Thirteen million is added to the product of

subparagraph (A) and subparagraph (B) to adjust for the

exclusion of nursing homes defined in paragraph (5).

(2) For each nursing home with Medicaid residents as

indicated by the MDS data defined in paragraph (4),

weighted days adjusted for case mix and regional wage

adjustment shall be calculated. For each home this

calculation is the product of:

(A) Base year resident days as calculated in

subparagraph (A) of paragraph (1).

(B) The nursing home's regional wage adjustor

based on the Health Service Areas (HSA) groupings and

adjustors in effect on April 30, 2012.

(C) Facility weighted case mix which is the number

of Medicaid residents as indicated by the MDS data

defined in paragraph (4) multiplied by the associated

case weight for the RUG-IV 48 grouper model using

standard RUG-IV procedures for index maximization.

(D) The sum of the products calculated for each

nursing home in subparagraphs (A) through (C) above

shall be the base year case mix, rate adjusted weighted

days.

(3) The Statewide RUG-IV nursing base per diem rate:

(A) on January 1, 2014 shall be the quotient of the

paragraph (1) divided by the sum calculated under

subparagraph (D) of paragraph (2); and

(B) on and after July 1, 2014, shall be the amount

calculated under subparagraph (A) of this paragraph

(3) plus $1.76.

(4) Minimum Data Set (MDS) comprehensive assessments

for Medicaid residents on the last day of the quarter used

to establish the base rate.

(5) Nursing facilities designated as of July 1, 2012 by

the Department as "Institutions for Mental Disease" shall

be excluded from all calculations under this subsection.

The data from these facilities shall not be used in the

computations described in paragraphs (1) through (4) above

to establish the base rate.

(e) Beginning July 1, 2014, the Department shall allocate

funding in the amount up to $10,000,000 for per diem add-ons to

the RUGS methodology for dates of service on and after July 1,

2014:

(1) $0.63 for each resident who scores in I4200

Alzheimer's Disease or I4800 non-Alzheimer's Dementia.

(2) $2.67 for each resident who scores either a "1" or

"2" in any items S1200A through S1200I and also scores in

RUG groups PA1, PA2, BA1, or BA2.

(e-1) (Blank).

(e-2) For dates of services beginning January 1, 2014, the

RUG-IV nursing component per diem for a nursing home shall be

the product of the statewide RUG-IV nursing base per diem rate,

the facility average case mix index, and the regional wage

adjustor. Transition rates for services provided between

January 1, 2014 and December 31, 2014 shall be as follows:

(1) The transition RUG-IV per diem nursing rate for

nursing homes whose rate calculated in this subsection

(e-2) is greater than the nursing component rate in effect

July 1, 2012 shall be paid the sum of:

(A) The nursing component rate in effect July 1,

2012; plus

(B) The difference of the RUG-IV nursing component

per diem calculated for the current quarter minus the

nursing component rate in effect July 1, 2012

multiplied by 0.88.

(2) The transition RUG-IV per diem nursing rate for

nursing homes whose rate calculated in this subsection

(e-2) is less than the nursing component rate in effect

July 1, 2012 shall be paid the sum of:

(A) The nursing component rate in effect July 1,

2012; plus

(B) The difference of the RUG-IV nursing component

per diem calculated for the current quarter minus the

nursing component rate in effect July 1, 2012

multiplied by 0.13.

(f) Notwithstanding any other provision of this Code, on

and after July 1, 2012, reimbursement rates associated with the

nursing or support components of the current nursing facility

rate methodology shall not increase beyond the level effective

May 1, 2011 until a new reimbursement system based on the RUGs

IV 48 grouper model has been fully operationalized.

(g) Notwithstanding any other provision of this Code, on

and after July 1, 2012, for facilities not designated by the

Department of Healthcare and Family Services as "Institutions

for Mental Disease", rates effective May 1, 2011 shall be

adjusted as follows:

(1) Individual nursing rates for residents classified

in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter

ending March 31, 2012 shall be reduced by 10%;

(2) Individual nursing rates for residents classified

in all other RUG IV groups shall be reduced by 1.0%;

(3) Facility rates for the capital and support

components shall be reduced by 1.7%.

(h) Notwithstanding any other provision of this Code, on

and after July 1, 2012, nursing facilities designated by the

Department of Healthcare and Family Services as "Institutions

for Mental Disease" and "Institutions for Mental Disease" that

are facilities licensed under the Specialized Mental Health

Rehabilitation Act of 2013 shall have the nursing,

socio-developmental, capital, and support components of their

reimbursement rate effective May 1, 2011 reduced in total by

2.7%.

(i) On and after July 1, 2014, the reimbursement rates for

the support component of the nursing facility rate for

facilities licensed under the Nursing Home Care Act as skilled

or intermediate care facilities shall be the rate in effect on

June 30, 2014 increased by 8.17%.

(Source: P.A. 97-689, eff. 6-14-12; 98-104, Article 6, Section

6-240, eff. 7-22-13; 98-104, Article 11, Section 11-35, eff.

7-22-13; 98-651, eff. 6-16-14; 98-727, eff. 7-16-14; 98-756,

eff. 7-16-14; revised 10-2-14.)

(305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5)

Sec. 5A-5. Notice; penalty; maintenance of records.

(a) The Illinois Department shall send a notice of

assessment to every hospital provider subject to assessment

under this Article. The notice of assessment shall notify the

hospital of its assessment and shall be sent after receipt by

the Department of notification from the Centers for Medicare

and Medicaid Services of the U.S. Department of Health and

Human Services that the payment methodologies required under

this Article and, if necessary, the waiver granted under 42 CFR

433.68 have been approved. The notice shall be on a form

prepared by the Illinois Department and shall state the

following:

(1) The name of the hospital provider.

(2) The address of the hospital provider's principal

place of business from which the provider engages in the

occupation of hospital provider in this State, and the name

and address of each hospital operated, conducted, or

maintained by the provider in this State.

(3) The occupied bed days, occupied bed days less

Medicare days, adjusted gross hospital revenue, or

outpatient gross revenue of the hospital provider

(whichever is applicable), the amount of assessment

imposed under Section 5A-2 for the State fiscal year for

which the notice is sent, and the amount of each

installment to be paid during the State fiscal year.

(4) (Blank).

(5) Other reasonable information as determined by the

Illinois Department.

(b) If a hospital provider conducts, operates, or maintains

more than one hospital licensed by the Illinois Department of

Public Health, the provider shall pay the assessment for each

hospital separately.

(c) Notwithstanding any other provision in this Article, in

the case of a person who ceases to conduct, operate, or

maintain a hospital in respect of which the person is subject

to assessment under this Article as a hospital provider, the

assessment for the State fiscal year in which the cessation

occurs shall be adjusted by multiplying the assessment computed

under Section 5A-2 by a fraction, the numerator of which is the

number of days in the year during which the provider conducts,

operates, or maintains the hospital and the denominator of

which is 365. Immediately upon ceasing to conduct, operate, or

maintain a hospital, the person shall pay the assessment for

the year as so adjusted (to the extent not previously paid).

(d) Notwithstanding any other provision in this Article, a

provider who commences conducting, operating, or maintaining a

hospital, upon notice by the Illinois Department, shall pay the

assessment computed under Section 5A-2 and subsection (e) in

installments on the due dates stated in the notice and on the

regular installment due dates for the State fiscal year

occurring after the due dates of the initial notice.

(e) Notwithstanding any other provision in this Article,

for State fiscal years 2009 through 2018 2015, in the case of a

hospital provider that did not conduct, operate, or maintain a

hospital in 2005, the assessment for that State fiscal year

shall be computed on the basis of hypothetical occupied bed

days for the full calendar year as determined by the Illinois

Department. Notwithstanding any other provision in this

Article, for the portion of State fiscal year 2012 beginning

June 10, 2012 through June 30, 2012, and for State fiscal years

2013 through 2018, in the case of a hospital provider that did

not conduct, operate, or maintain a hospital in 2009, the

assessment under subsection (b-5) of Section 5A-2 for that

State fiscal year shall be computed on the basis of

hypothetical gross outpatient revenue for the full calendar

year as determined by the Illinois Department.

(f) Every hospital provider subject to assessment under

this Article shall keep sufficient records to permit the

determination of adjusted gross hospital revenue for the

hospital's fiscal year. All such records shall be kept in the

English language and shall, at all times during regular

business hours of the day, be subject to inspection by the

Illinois Department or its duly authorized agents and

employees.

(g) The Illinois Department may, by rule, provide a

hospital provider a reasonable opportunity to request a

clarification or correction of any clerical or computational

errors contained in the calculation of its assessment, but such

corrections shall not extend to updating the cost report

information used to calculate the assessment.

(h) (Blank).

(Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12;

98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff.

6-16-14; 98-756, eff. 7-16-14; revised 10-2-14.)

(305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)

Sec. 5A-8. Hospital Provider Fund.

(a) There is created in the State Treasury the Hospital

Provider Fund. Interest earned by the Fund shall be credited to

the Fund. The Fund shall not be used to replace any moneys

appropriated to the Medicaid program by the General Assembly.

(b) The Fund is created for the purpose of receiving moneys

in accordance with Section 5A-6 and disbursing moneys only for

the following purposes, notwithstanding any other provision of

law:

(1) For making payments to hospitals as required under

this Code, under the Children's Health Insurance Program

Act, under the Covering ALL KIDS Health Insurance Act, and

under the Long Term Acute Care Hospital Quality Improvement

Transfer Program Act.

(2) For the reimbursement of moneys collected by the

Illinois Department from hospitals or hospital providers

through error or mistake in performing the activities

authorized under this Code.

(3) For payment of administrative expenses incurred by

the Illinois Department or its agent in performing

activities under this Code, under the Children's Health

Insurance Program Act, under the Covering ALL KIDS Health

Insurance Act, and under the Long Term Acute Care Hospital

Quality Improvement Transfer Program Act.

(4) For payments of any amounts which are reimbursable

to the federal government for payments from this Fund which

are required to be paid by State warrant.

(5) For making transfers, as those transfers are

authorized in the proceedings authorizing debt under the

Short Term Borrowing Act, but transfers made under this

paragraph (5) shall not exceed the principal amount of debt

issued in anticipation of the receipt by the State of

moneys to be deposited into the Fund.

(6) For making transfers to any other fund in the State

treasury, but transfers made under this paragraph (6) shall

not exceed the amount transferred previously from that

other fund into the Hospital Provider Fund plus any

interest that would have been earned by that fund on the

monies that had been transferred.

(6.5) For making transfers to the Healthcare Provider

Relief Fund, except that transfers made under this

paragraph (6.5) shall not exceed $60,000,000 in the

aggregate.

(7) For making transfers not exceeding the following

amounts, related to State fiscal years 2013 through 2018 in

each State fiscal year during which an assessment is

imposed pursuant to Section 5A-2, to the following

designated funds:

Health and Human Services Medicaid Trust

Fund..............................$20,000,000

Long-Term Care Provider Fund..........$30,000,000

General Revenue Fund.................$80,000,000.

Transfers under this paragraph shall be made within 7 days

after the payments have been received pursuant to the

schedule of payments provided in subsection (a) of Section

5A-4.

(7.1) (Blank).

(7.5) (Blank).

(7.8) (Blank).

(7.9) (Blank).

(7.10) For State fiscal year 2014, for making transfers

of the moneys resulting from the assessment under

subsection (b-5) of Section 5A-2 and received from hospital

providers under Section 5A-4 and transferred into the

Hospital Provider Fund under Section 5A-6 to the designated

funds not exceeding the following amounts in that State

fiscal year:

Health Care Provider Relief Fund.....$100,000,000

Transfers under this paragraph shall be made within 7

days after the payments have been received pursuant to the

schedule of payments provided in subsection (a) of Section

5A-4.

The additional amount of transfers in this paragraph

(7.10), authorized by Public Act 98-651 this amendatory Act

of the 98th General Assembly, shall be made within 10 State

business days after June 16, 2014 (the effective date of

Public Act 98-651) this amendatory Act of the 98th General

Assembly. That authority shall remain in effect even if

Public Act 98-651 this amendatory Act of the 98th General

Assembly does not become law until State fiscal year 2015.

(7.10a) For State fiscal years 2015 through 2018, for

making transfers of the moneys resulting from the

assessment under subsection (b-5) of Section 5A-2 and

received from hospital providers under Section 5A-4 and

transferred into the Hospital Provider Fund under Section

5A-6 to the designated funds not exceeding the following

amounts related to each State fiscal year:

Health Care Provider Relief Fund ....$50,000,000

Transfers under this paragraph shall be made within 7

days after the payments have been received pursuant to the

schedule of payments provided in subsection (a) of Section

5A-4.

(7.11) (Blank).

(7.12) For State fiscal year 2013, for increasing by

21/365ths the transfer of the moneys resulting from the

assessment under subsection (b-5) of Section 5A-2 and

received from hospital providers under Section 5A-4 for the

portion of State fiscal year 2012 beginning June 10, 2012

through June 30, 2012 and transferred into the Hospital

Provider Fund under Section 5A-6 to the designated funds

not exceeding the following amounts in that State fiscal

year:

Health Care Provider Relief Fund......$2,870,000

Since the federal Centers for Medicare and Medicaid

Services approval of the assessment authorized under

subsection (b-5) of Section 5A-2, received from hospital

providers under Section 5A-4 and the payment methodologies

to hospitals required under Section 5A-12.4 was not

received by the Department until State fiscal year 2014 and

since the Department made retroactive payments during

State fiscal year 2014 related to the referenced period of

June 2012, the transfer authority granted in this paragraph

(7.12) is extended through the date that is 10 State

business days after June 16, 2014 (the effective date of

Public Act 98-651) this amendatory Act of the 98th General

Assembly.

(8) For making refunds to hospital providers pursuant

to Section 5A-10.

(9) For making payment to capitated managed care

organizations as described in subsections (s) and (t) of

Section 5A-12.2 of this Code.

Disbursements from the Fund, other than transfers

authorized under paragraphs (5) and (6) of this subsection,

shall be by warrants drawn by the State Comptroller upon

receipt of vouchers duly executed and certified by the Illinois

Department.

(c) The Fund shall consist of the following:

(1) All moneys collected or received by the Illinois

Department from the hospital provider assessment imposed

by this Article.

(2) All federal matching funds received by the Illinois

Department as a result of expenditures made by the Illinois

Department that are attributable to moneys deposited in the

Fund.

(3) Any interest or penalty levied in conjunction with

the administration of this Article.

(3.5) As applicable, proceeds from surety bond

payments payable to the Department as referenced in

subsection (s) of Section 5A-12.2 of this Code.

(4) Moneys transferred from another fund in the State

treasury.

(5) All other moneys received for the Fund from any

other source, including interest earned thereon.

(d) (Blank).

(Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12;

98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff.

6-16-14; 98-756, eff. 7-16-14; revised 10-2-14.)

(305 ILCS 5/12-4.47)

Sec. 12-4.47. Continued eligibility for developmental

disability services for dependents of military service

members.

(a) As used in this Section:

"Dependent" means a spouse, birth child, adopted child, or

stepchild of a military service member.

"Legal resident" means a person who maintains Illinois as

his or her principal establishment, home of record, or

permanent home and to where, whenever absent due to military

obligation, he or she intends to return.

"Military service" means service in the armed forces or

armed forces reserves of the United States, or membership in

the Illinois National Guard.

"Military service member" means a person who is currently

in military service or who has separated from military service

in the previous 18 months through either retirement or military

separation.

(b) A dependent, who is a legal resident of the State,

having previously been determined to be eligible for

developmental disability services provided by the Department

of Human Services, including waiver services provided under the

home and community based services programs authorized under

Section 1915(c) of the Social Security Act, shall retain

eligibility for those developmental disability services as

long as he or she remains a legal resident of the State,

regardless of having left the State due to the military service

member's military assignment outside the State, and as long as

he or she is otherwise eligible for such services.

(c) The Department of Human Services shall permit a

dependent who resides out-of-state to be placed on the waiting

list for developmental disabilities services if the dependent

left the State due to the military service member's military

assignment outside the State, is otherwise eligible for those

services, and furnishes the following:

(1) a copy of the military service member's DD-214 or

other equivalent discharge paperwork; and

(2) proof of the military service member's legal

residence in the State, as prescribed by the Department.

(d) For dependents who received developmental disability

services and who left the State due to the military service

member's military assignment outside the State, upon the

dependent's return to the State and when a request for services

is made, the Department shall:

(1) determine the dependent's eligibility for

services, which may include a request for waiver services

provided under the home and community based services

programs authorized under Section 1915(c) of the Social

Security Act;

(2) provide to the dependent notification of the

determination of eligibility for services, which includes

notification of a denial of services if applicable;

(3) provide the dependent an opportunity to contest the

Department's determination through the appeals processes

established by the Department; and

(4) resume services if the individual remains

eligible.

(e) As a condition of continued eligibility for services

under subsection (b) of this Section, a dependent must inform

the Department of his or her current address and provide

updates as requested by the Department.

(f) No payment pursuant to this Section shall be made for

developmental disability services authorized under the

Illinois Title XIX State Plan and provided outside the State

unless those services satisfy the conditions specified in 42

CFR 431.52. No payment pursuant to this Section shall be made

for home and community based services provided outside the

State of Illinois.

(g) The Department shall request a waiver from the

appropriate federal agency if a waiver is necessary to

implement the provisions of this Section.

(h) The Department may adopt rules necessary to implement

the provisions of this Section.

(Source: P.A. 98-1000, eff. 8-18-14.)

(305 ILCS 5/12-4.48)

Sec. 12-4.48 12-4.47. Long-Term Services and Supports

Disparities Task Force.

(a) The Department of Healthcare and Family Services shall

establish a Long-Term Services and Supports Disparities Task

Force.

(b) Members of the Task Force shall be appointed by the

Director of the Department of Healthcare and Family Services

and shall include representatives of the following agencies,

organizations, or groups:

(1) The Governor's office.

(2) The Department of Healthcare and Family Services.

(3) The Department of Human Services.

(4) The Department on Aging.

(5) The Department of Human Rights.

(6) Area Agencies on Aging.

(7) The Department of Public Health.

(8) Managed Care Plans.

(9) The for-profit urban nursing home or assisted

living industry.

(10) The for-profit rural nursing home or assisted

living industry.

(11) The not-for-profit nursing home or assisted

living industry.

(12) The home care association or home care industry.

(13) The adult day care association or adult day care

industry.

(14) An association representing workers who provide

long-term services and supports.

(15) A representative of providers that serve the

predominantly ethnic minority populations.

(16) Case Management Organizations.

(17) Three consumer representatives which may include

a consumer of long-term services and supports or an

individual who advocates for such consumers. For purposes

of this provision, "consumer representative" means a

person who is not an elected official and who has no

financial interest in a health or long-term care delivery

system.

(c) The Task Force shall not meet unless all consumer

representative positions are filled. The Task Force shall

reflect diversity in race, ethnicity, and gender.

(d) The Chair of the Task Force shall be appointed by the

Director of the Department of Healthcare and Family Services.

(e) The Director of the Department of Healthcare and Family

Services shall assign appropriate staff and resources to

support the efforts of the Task Force. The Task Force shall

meet as often as necessary but not less than 4 times per

calendar year.

(f) The Task Force shall promote and facilitate

communication, coordination, and collaboration among relevant

State agencies and communities of color, limited

English-speaking communities, and the private and public

entities providing services to those communities.

(g) The Task Force shall do all of the following:

(1) Document the number and types of Long-Term Services

and Supports (LTSS) providers in the State and the number

of clients served in each setting.

(2) Document the number and racial profiles of

residents using LTSS, including, but not limited to,

residential nursing facilities, assisted living

facilities, adult day care, home health services, and other

home and community based long-term care services.

(3) Document the number and profiles of family or

informal caregivers who provide care for minority elders.

(4) Compare data over multiple years to identify trends

in the delivery of LTSS for each racial or ethnic category

including: Alaskan Native or American Indian, Asian or

Pacific Islander, black or African American, Hispanic, or

white.

(5) Identify any racial disparities in the provision of

care in various LTSS settings and determine factors that

might influence the disparities found.

(6) Identify any disparities uniquely experienced in

metropolitan or rural areas and make recommendations to

address these areas.

(7) Assess whether the LTSS industry, including

managed care plans and independent providers, is equipped

to offer culturally sensitive, competent, and

linguistically appropriate care to meet the needs of a

diverse aging population and their informal and formal

caregivers.

(8) Consider whether to recommend that the State

require all home and community based services as a

condition of licensure to report data similar to that

gathered under the Minimum Data Set and required when a new

resident is admitted to a nursing home.

(9) Identify and prioritize recommendations for

actions to be taken by the State to address disparity

issues identified in the course of these studies.

(10) Monitor the progress of the State in eliminating

racial disparities in the delivery of LTSS.

(h) The Task Force shall conduct public hearings,

inquiries, studies, and other forms of information gathering to

identify how the actions of State government contribute to or

reduce racial disparities in long-term care settings.

(i) The Task Force shall report its findings and

recommendations to the Governor and the General Assembly no

later than one year after the effective date of this amendatory

Act of the 98th General Assembly. Annual reports shall be

issued every year thereafter and shall include documentation of

progress made to eliminate disparities in long-term care

service settings.

(Source: P.A. 98-825, eff. 8-1-14; revised 10-14-14.)

Section 345. The Adult Protective Services Act is amended

by changing Sections 7.5 and 15 as follows:

(320 ILCS 20/7.5)

Sec. 7.5. Registry.

(a) To protect individuals receiving in-home and

community-based services, the Department on Aging shall

establish an Adult Protective Service Registry that will be

hosted by the Department of Public Health on its website

effective January 1, 2015, and, if practicable, shall propose

rules for the Registry by January 1, 2015.

(a-5) The Registry shall identify caregivers against whom a

verified and substantiated finding was made under this Act of

abuse, neglect, or financial exploitation.

The information in the Registry shall be confidential

except as specifically authorized in this Act and shall not be

deemed a public record.

(a-10) Reporting to the Registry. The Department on Aging

shall report to the Registry the identity of the caregiver when

a verified and substantiated finding of abuse, neglect, or

financial exploitation of an eligible adult under this Act is

made against a caregiver, and all appeals, challenges, and

reviews, if any, have been completed and a finding for

placement on the Registry has been sustained or upheld.

A finding against a caregiver that is placed in the

Registry shall preclude that caregiver from providing direct

care, as defined in this Section, in a position with or that is

regulated by or paid with public funds from the Department on

Aging, the Department of Healthcare and Family Services, the

Department of Human Services, or the Department of Public

Health or with an entity or provider licensed, certified, or

regulated by or paid with public funds from any of these State

agencies.

(b) Definitions. As used in this Section:

"Direct care" includes, but is not limited to, direct

access to a person aged 60 or older or to an adult with

disabilities aged 18 through 59, his or her living quarters, or

his or her personal, financial, or medical records for the

purpose of providing nursing care or assistance with feeding,

dressing, movement, bathing, toileting, other personal needs

and activities of daily living or instrumental activities of

daily living, or assistance with financial transactions.

"Participant" means an individual who uses the services of

an in-home care program funded through the Department on Aging,

the Department of Healthcare and Family Services, the

Department of Human Services, or the Department of Public

Health.

(c) Access to and use of the Registry. Access to the

Registry shall be limited to the Department on Aging, the

Department of Healthcare and Family Services, the Department of

Human Services, and the Department of Public Health and

providers of direct care as described in subsection (a-10) of

this Section. These State agencies and providers shall not

hire, compensate either directly or on behalf of a participant,

or utilize the services of any person seeking to provide direct

care without first conducting an online check of whether the

person has been placed on the Registry. These State agencies

and providers shall maintain a copy of the results of the

online check to demonstrate compliance with this requirement.

These State agencies and providers are prohibited from

retaining, hiring, compensating either directly or on behalf of

a participant, or utilizing the services of a person to provide

direct care if the online check of the person reveals a

verified and substantiated finding of abuse, neglect, or

financial exploitation that has been placed on the Registry or

when the State agencies or providers otherwise gain knowledge

of such placement on the Registry. Failure to comply with this

requirement may subject such a provider to corrective action by

the appropriate regulatory agency or other lawful remedies

provided under the applicable licensure, certification, or

regulatory laws and rules.

(d) Notice to caregiver. The Department on Aging shall

establish rules concerning notice to the caregiver in cases of

a verified and substantiated finding of abuse, neglect, or

financial exploitation against him or her that may make him or

her eligible for placement on the Registry.

(e) Notification to eligible adults, guardians, or agents.

As part of its investigation, the Department on Aging shall

notify an eligible adult, or an eligible adult's guardian or

agent, that his or her caregiver's name may be placed on the

Registry based on a finding as described in subsection (a-10)

(a) of this Section.

(f) Notification to employer. The Department on Aging shall

notify the appropriate State agency or provider of direct care,

as described in subsection (a-10), when there is a verified and

substantiated finding of abuse, neglect, or financial

exploitation in a case under this Act that is reported on the

Registry and that involves one of its caregivers. That State

agency or provider is prohibited from retaining or compensating

that individual in a position that involves direct care, and if

there is an imminent risk of danger to the victim or an

imminent risk of misuse of personal, medical, or financial

information, that caregiver shall immediately be barred from

providing direct care to the victim pending the outcome of any

challenge, appeal, criminal prosecution, or other type of

collateral action.

(g) Challenges and appeals. The Department on Aging shall

establish, by rule, procedures concerning challenges and

appeals to placement on the Registry pursuant to legislative

intent. The Department shall not make any report to the

Registry pending challenges or appeals.

(h) Caregiver's rights to collateral action. The

Department on Aging shall not make any report to the Registry

if a caregiver notifies the Department in writing that he or

she is formally challenging an adverse employment action

resulting from a verified and substantiated finding of abuse,

neglect, or financial exploitation by complaint filed with the

Illinois Civil Service Commission, or by another means which

seeks to enforce the caregiver's rights pursuant to any

applicable collective bargaining agreement. If an action taken

by an employer against a caregiver as a result of such a

finding is overturned through an action filed with the Illinois

Civil Service Commission or under any applicable collective

bargaining agreement after that caregiver's name has already

been sent to the Registry, the caregiver's name shall be

removed from the Registry.

(i) Removal from Registry. At any time after a report to

the Registry, but no more than once in each successive 3-year

period thereafter, for a maximum of 3 such requests, a

caregiver may request removal of his or her name from the

Registry in relationship to a single incident. The caregiver

shall bear the burden of establishing, by a preponderance of

the evidence, that removal of his or her name from the Registry

is in the public interest. Upon receiving such a request, the

Department on Aging shall conduct an investigation and consider

any evidentiary material provided. The Department shall issue a

decision either granting or denying removal to the caregiver

and report it to the Registry. The Department shall, by rule,

establish standards and a process for requesting the removal of

a name from the Registry.

(j) Referral of Registry reports to health care facilities.

In the event an eligible adult receiving services from a

provider agency changes his or her residence from a domestic

living situation to that of a health care or long term care

facility, the provider agency shall use reasonable efforts to

promptly inform the facility and the appropriate Regional Long

Term Care Ombudsman about any Registry reports relating to the

eligible adult. For purposes of this Section, a health care or

long term care facility includes, but is not limited to, any

residential facility licensed, certified, or regulated by the

Department of Public Health, Healthcare and Family Services, or

Human Services.

(k) The Department on Aging and its employees and agents

shall have immunity, except for intentional willful and wanton

misconduct, from any liability, civil, criminal, or otherwise,

for reporting information to and maintaining the Registry.

(Source: P.A. 98-49, eff. 1-1-14; 98-756, eff. 7-16-14;

98-1039, eff. 8-25-14; revised 10-2-14.)

(320 ILCS 20/15)

Sec. 15. Fatality Review Teams.

(a) State policy.

(1) Both the State and the community maintain a

commitment to preventing the abuse, neglect, and financial

exploitation of at-risk adults. This includes a charge to

bring perpetrators of crimes against at-risk adults to

justice and prevent untimely deaths in the community.

(2) When an at-risk adult dies, the response to the

death by the community, law enforcement, and the State must

include an accurate and complete determination of the cause

of death, and the development and implementation of

measures to prevent future deaths from similar causes.

(3) Multidisciplinary and multi-agency reviews of

deaths can assist the State and counties in developing a

greater understanding of the incidence and causes of

premature deaths and the methods for preventing those

deaths, improving methods for investigating deaths, and

identifying gaps in services to at-risk adults.

(4) Access to information regarding the deceased

person and his or her family by multidisciplinary and

multi-agency fatality review teams is necessary in order to

fulfill their purposes and duties.

(a-5) Definitions. As used in this Section:

"Advisory Council" means the Illinois Fatality Review

Team Advisory Council.

"Review Team" means a regional interagency fatality

review team.

(b) The Director, in consultation with the Advisory

Council, law enforcement, and other professionals who work in

the fields of investigating, treating, or preventing abuse or

neglect of at-risk adults, shall appoint members to a minimum

of one review team in each of the Department's planning and

service areas. Each member of a review team shall be appointed

for a 2-year term and shall be eligible for reappointment upon

the expiration of the term. A review team's purpose in

conducting review of at-risk adult deaths is: (i) to assist

local agencies in identifying and reviewing suspicious deaths

of adult victims of alleged, suspected, or substantiated abuse

or neglect in domestic living situations; (ii) to facilitate

communications between officials responsible for autopsies and

inquests and persons involved in reporting or investigating

alleged or suspected cases of abuse, neglect, or financial

exploitation of at-risk adults and persons involved in

providing services to at-risk adults; (iii) to evaluate means

by which the death might have been prevented; and (iv) to

report its findings to the appropriate agencies and the

Advisory Council and make recommendations that may help to

reduce the number of at-risk adult deaths caused by abuse and

neglect and that may help to improve the investigations of

deaths of at-risk adults and increase prosecutions, if

appropriate.

(b-5) Each such team shall be composed of representatives

of entities and individuals including, but not limited to:

(1) the Department on Aging;

(2) coroners or medical examiners (or both);

(3) State's Attorneys;

(4) local police departments;

(5) forensic units;

(6) local health departments;

(7) a social service or health care agency that

provides services to persons with mental illness, in a

program whose accreditation to provide such services is

recognized by the Division of Mental Health within the

Department of Human Services;

(8) a social service or health care agency that

provides services to persons with developmental

disabilities, in a program whose accreditation to provide

such services is recognized by the Division of

Developmental Disabilities within the Department of Human

Services;

(9) a local hospital, trauma center, or provider of

emergency medicine;

(10) providers of services for eligible adults in

domestic living situations; and

(11) a physician, psychiatrist, or other health care

provider knowledgeable about abuse and neglect of at-risk

adults.

(c) A review team shall review cases of deaths of at-risk

adults occurring in its planning and service area (i) involving

blunt force trauma or an undetermined manner or suspicious

cause of death; , (ii) if requested by the deceased's attending

physician or an emergency room physician; , (iii) upon referral

by a health care provider; , (iv) upon referral by a coroner or

medical examiner; , (v) constituting an open or closed case from

an adult protective services agency, law enforcement agency,

State's Attorney's office, or the Department of Human Services'

Office of the Inspector General that involves alleged or

suspected abuse, neglect, or financial exploitation; or (vi)

upon referral by a law enforcement agency or State's Attorney's

office. If such a death occurs in a planning and service area

where a review team has not yet been established, the Director

shall request that the Advisory Council or another review team

review that death. A team may also review deaths of at-risk

adults if the alleged abuse or neglect occurred while the

person was residing in a domestic living situation.

A review team shall meet not less than 6 times a year to

discuss cases for its possible review. Each review team, with

the advice and consent of the Department, shall establish

criteria to be used in discussing cases of alleged, suspected,

or substantiated abuse or neglect for review and shall conduct

its activities in accordance with any applicable policies and

procedures established by the Department.

(c-5) The Illinois Fatality Review Team Advisory Council,

consisting of one member from each review team in Illinois,

shall be the coordinating and oversight body for review teams

and activities in Illinois. The Director may appoint to the

Advisory Council any ex-officio members deemed necessary.

Persons with expertise needed by the Advisory Council may be

invited to meetings. The Advisory Council must select from its

members a chairperson and a vice-chairperson, each to serve a

2-year term. The chairperson or vice-chairperson may be

selected to serve additional, subsequent terms. The Advisory

Council must meet at least 4 times during each calendar year.

The Department may provide or arrange for the staff support

necessary for the Advisory Council to carry out its duties. The

Director, in cooperation and consultation with the Advisory

Council, shall appoint, reappoint, and remove review team

members.

The Advisory Council has, but is not limited to, the

following duties:

(1) To serve as the voice of review teams in Illinois.

(2) To oversee the review teams in order to ensure that

the review teams' work is coordinated and in compliance

with State statutes and the operating protocol.

(3) To ensure that the data, results, findings, and

recommendations of the review teams are adequately used in

a timely manner to make any necessary changes to the

policies, procedures, and State statutes in order to

protect at-risk adults.

(4) To collaborate with the Department in order to

develop any legislation needed to prevent unnecessary

deaths of at-risk adults.

(5) To ensure that the review teams' review processes

are standardized in order to convey data, findings, and

recommendations in a usable format.

(6) To serve as a link with review teams throughout the

country and to participate in national review team

activities.

(7) To provide the review teams with the most current

information and practices concerning at-risk adult death

review and related topics.

(8) To perform any other functions necessary to enhance

the capability of the review teams to reduce and prevent

at-risk adult fatalities.

The Advisory Council may prepare an annual report, in

consultation with the Department, using aggregate data

gathered by review teams and using the review teams'

recommendations to develop education, prevention, prosecution,

or other strategies designed to improve the coordination of

services for at-risk adults and their families.

In any instance where a review team does not operate in

accordance with established protocol, the Director, in

consultation and cooperation with the Advisory Council, must

take any necessary actions to bring the review team into

compliance with the protocol.

(d) Any document or oral or written communication shared

within or produced by the review team relating to a case

discussed or reviewed by the review team is confidential and is

not admissible as evidence in any civil or criminal proceeding,

except for use by a State's Attorney's office in prosecuting a

criminal case against a caregiver. Those records and

information are, however, subject to discovery or subpoena, and

are admissible as evidence, to the extent they are otherwise

available to the public.

Any document or oral or written communication provided to a

review team by an individual or entity, and created by that

individual or entity solely for the use of the review team, is

confidential, is not subject to disclosure to or discoverable

by another party, and is not admissible as evidence in any

civil or criminal proceeding, except for use by a State's

Attorney's office in prosecuting a criminal case against a

caregiver. Those records and information are, however, subject

to discovery or subpoena, and are admissible as evidence, to

the extent they are otherwise available to the public.

Each entity or individual represented on the fatality

review team may share with other members of the team

information in the entity's or individual's possession

concerning the decedent who is the subject of the review or

concerning any person who was in contact with the decedent, as

well as any other information deemed by the entity or

individual to be pertinent to the review. Any such information

shared by an entity or individual with other members of the

review team is confidential. The intent of this paragraph is to

permit the disclosure to members of the review team of any

information deemed confidential or privileged or prohibited

from disclosure by any other provision of law. Release of

confidential communication between domestic violence advocates

and a domestic violence victim shall follow subsection (d) of

Section 227 of the Illinois Domestic Violence Act of 1986 which

allows for the waiver of privilege afforded to guardians,

executors, or administrators of the estate of the domestic

violence victim. This provision relating to the release of

confidential communication between domestic violence advocates

and a domestic violence victim shall exclude adult protective

service providers.

A coroner's or medical examiner's office may share with the

review team medical records that have been made available to

the coroner's or medical examiner's office in connection with

that office's investigation of a death.

Members of a review team and the Advisory Council are not

subject to examination, in any civil or criminal proceeding,

concerning information presented to members of the review team

or the Advisory Council or opinions formed by members of the

review team or the Advisory Council based on that information.

A person may, however, be examined concerning information

provided to a review team or the Advisory Council.

(d-5) Meetings of the review teams and the Advisory Council

may be closed to the public under the Open Meetings Act.

Records and information provided to a review team and the

Advisory Council, and records maintained by a team or the

Advisory Council, are exempt from release under the Freedom of

Information Act.

(e) A review team's recommendation in relation to a case

discussed or reviewed by the review team, including, but not

limited to, a recommendation concerning an investigation or

prosecution, may be disclosed by the review team upon the

completion of its review and at the discretion of a majority of

its members who reviewed the case.

(e-5) The State shall indemnify and hold harmless members

of a review team and the Advisory Council for all their acts,

omissions, decisions, or other conduct arising out of the scope

of their service on the review team or Advisory Council, except

those involving willful or wanton misconduct. The method of

providing indemnification shall be as provided in the State

Employee Indemnification Act.

(f) The Department, in consultation with coroners, medical

examiners, and law enforcement agencies, shall use aggregate

data gathered by and recommendations from the Advisory Council

and the review teams to create an annual report and may use

those data and recommendations to develop education,

prevention, prosecution, or other strategies designed to

improve the coordination of services for at-risk adults and

their families. The Department or other State or county agency,

in consultation with coroners, medical examiners, and law

enforcement agencies, also may use aggregate data gathered by

the review teams to create a database of at-risk individuals.

(g) The Department shall adopt such rules and regulations

as it deems necessary to implement this Section.

(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;

revised 11-26-14.)

Section 350. The Abused and Neglected Child Reporting Act

is amended by changing Sections 7.8 and 7.14 as follows:

(325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)

Sec. 7.8. Upon receiving an oral or written report of

suspected child abuse or neglect, the Department shall

immediately notify, either orally or electronically, the Child

Protective Service Unit of a previous report concerning a

subject of the present report or other pertinent information.

In addition, upon satisfactory identification procedures, to

be established by Department regulation, any person authorized

to have access to records under Section 11.1 relating to child

abuse and neglect may request and shall be immediately provided

the information requested in accordance with this Act. However,

no information shall be released unless it prominently states

the report is "indicated", and only information from

"indicated" reports shall be released, except that information

concerning pending reports may be released pursuant to Sections

7.14 and 7.22 of this Act to the attorney or guardian ad litem

appointed under Section 2-17 of the Juvenile Court Act of 1987

and to any person authorized under paragraphs (1), (2), (3) and

(11) of Section 11.1. In addition, State's Attorneys are

authorized to receive unfounded reports for prosecution

purposes related to the transmission of false reports of child

abuse or neglect in violation of subsection (a), paragraph (7)

of Section 26-1 of the Criminal Code of 2012 and attorneys and

guardians ad litem appointed under Article II of the Juvenile

Court Act of 1987 shall receive the reports set forth in

Section 7.14 of this Act in conformance with paragraph (19) of

Section 11.1 and Section 7.14 of this Act. The names and other

identifying data and the dates and the circumstances of any

persons requesting or receiving information from the central

register shall be entered in the register record.

(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14;

revised 11-25-14.)

(325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)

Sec. 7.14. All reports in the central register shall be

classified in one of three categories: "indicated",

"unfounded" or "undetermined", as the case may be. Prior to

classifying the report, the person making the classification

shall determine whether the child named in the report is the

subject of an action under Article II of the Juvenile Court Act

of 1987. If the child is the subject of an action under Article

II of the Juvenile Court Act of 1987 and the Department intends

to classify the report as indicated, the Department shall,

within 45 days of classification of the report, transmit a copy

of the report to the attorney or guardian ad litem appointed

for the child under Section 2-17 of the Juvenile Court Act of

1987. If the child is the subject of an action under Article II

of the Juvenile Court Act of 1987 and the Department intends to

classify the report as unfounded, the Department shall, within

45 days of deciding its intent to classify the report as

unfounded, transmit a copy of the report and written notice of

the Department's intent to the attorney or guardian ad litem

appointed for the child under Section 2-17 of the Juvenile

Court Act of 1987. All information identifying the subjects of

an unfounded report shall be expunged from the register

forthwith, except as provided in Section 7.7. Unfounded reports

may only be made available to the Child Protective Service Unit

when investigating a subsequent report of suspected abuse or

maltreatment involving a child named in the unfounded report;

and to the subject of the report, provided the Department has

not expunged the file in accordance with Section 7.7. The Child

Protective Service Unit shall not indicate the subsequent

report solely based upon the existence of the prior unfounded

report or reports. Notwithstanding any other provision of law

to the contrary, an unfounded report shall not be admissible in

any judicial or administrative proceeding or action.

Identifying information on all other records shall be removed

from the register no later than 5 years after the report is

indicated. However, if another report is received involving the

same child, his sibling or offspring, or a child in the care of

the persons responsible for the child's welfare, or involving

the same alleged offender, the identifying information may be

maintained in the register until 5 years after the subsequent

case or report is closed.

Notwithstanding any other provision of this Section,

identifying information in indicated reports involving serious

physical injury to a child as defined by the Department in

rules, may be retained longer than 5 years after the report is

indicated or after the subsequent case or report is closed, and

may not be removed from the register except as provided by the

Department in rules. Identifying information in indicated

reports involving sexual penetration of a child, sexual

molestation of a child, sexual exploitation of a child, torture

of a child, or the death of a child, as defined by the

Department in rules, shall be retained for a period of not less

than 50 years after the report is indicated or after the

subsequent case or report is closed.

For purposes of this Section "child" includes an adult

resident as defined in this Act.

(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13;

98-807, eff. 8-1-14; revised 11-25-14.)

Section 355. The Lead Poisoning Prevention Act is amended

by changing Sections 4, 5, 6.2, 7.2, 9.4, and 10 as follows:

(410 ILCS 45/4) (from Ch. 111 1/2, par. 1304)

Sec. 4. Sale of items containing lead-bearing substance. No

person shall sell, have, offer for sale, or transfer toys,

furniture, clothing, accessories, jewelry, decorative objects,

edible items, candy, food, dietary supplements, or other

articles used by or intended to be chewable by children that

contain contains a lead-bearing substance.

(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)

(410 ILCS 45/5) (from Ch. 111 1/2, par. 1305)

Sec. 5. Sale of objects containing lead-bearing substance.

No person shall sell or transfer or offer for sale or transfer

any fixtures or other objects intended to be used, installed,

or located in or upon any surface of a regulated facility, that

contain contains a lead-bearing substance and that, in the

ordinary course of use, are accessible to or chewable by

children.

(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)

(410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)

Sec. 6.2. Testing children and pregnant persons.

(a) Any physician licensed to practice medicine in all its

branches or health care provider who sees or treats children 6

years of age or younger shall test those children for lead

poisoning when those children reside in an area defined as high

risk by the Department. Children residing in areas defined as

low risk by the Department shall be evaluated for risk by the

Childhood Lead Risk Questionnaire developed by the Department

and tested if indicated. Children shall be evaluated in

accordance with rules adopted by the Department.

(b) Each licensed, registered, or approved health care

facility serving children 6 years of age or younger, including,

but not limited to, health departments, hospitals, clinics, and

health maintenance organizations approved, registered, or

licensed by the Department, shall take the appropriate steps to

ensure that children 6 years of age or younger be evaluated for

risk or tested for lead poisoning or both.

(c) Children 7 years and older and pregnant persons may

also be tested by physicians or health care providers, in

accordance with rules adopted by the Department. Physicians and

health care providers shall also evaluate children for lead

poisoning in conjunction with the school health examination, as

required under the School Code, when, in the medical judgement

of the physician, advanced practice nurse who has a written

collaborative agreement with a collaborating physician that

authorizes the advance practice nurse to perform health

examinations, or physician assistant who has been delegated to

perform health examinations by the supervising physician, the

child is potentially at high risk of lead poisoning.

(d) (Blank).

(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)

(410 ILCS 45/7.2) (from Ch. 111 1/2, par. 1307.2)

Sec. 7.2. Fees; reimbursement; Lead Poisoning Screening,

Prevention, and Abatement Fund.

(a) The Department may establish fees according to a

reasonable fee structure to cover the cost of providing a

testing service for laboratory analysis of blood lead tests and

any necessary follow-up. Fees collected from the Department's

testing service shall be placed in a special fund in the State

treasury known as the Lead Poisoning Screening, Prevention, and

Abatement Fund. Other State and federal funds for expenses

related to lead poisoning screening, follow-up, treatment, and

abatement programs may also be placed in the Fund. Moneys shall

be appropriated from the Fund to the Department for the

implementation and enforcement of this Act.

(b) The Department shall certify, as required by the

Department of Healthcare and Family Services, any

non-reimbursed public expenditures for all approved lead

testing and evaluation activities for Medicaid-eligible

children expended by the Department from the non-federal

portion of funds, including, but not limited to, assessment of

home, physical, and family environments; comprehensive

environmental lead investigation; and laboratory services for

Medicaid-eligible children. The Department of Healthcare and

Family Services shall provide appropriate Current Procedural

Terminology (CPT) Codes for all billable services and claim

federal financial participation for the properly certified

public expenditures submitted to it by the Department. Any

federal financial participation revenue received pursuant to

this Act shall be deposited in the Lead Poisoning Screening,

Prevention, and Abatement Fund.

(c) Any delegate agency may establish fees, according to a

reasonable fee structure, to cover the costs of drawing blood

for blood lead testing and evaluation and any necessary

follow-up.

(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)

(410 ILCS 45/9.4)

Sec. 9.4. Owner's obligation to post notice. The owner of a

regulated facility who has received a mitigation notice under

Section 9 of this Act shall post notices at all entrances to

the regulated facility specifying the identified lead hazards.

The posted notices, drafted by the Department and sent to the

property owner with the notification of lead hazards, shall

indicate the following:

(1) that a unit or units in the building have been

found to have lead hazards;

(2) that other units in the building may have lead

hazards;

(3) that the Department recommends that children 6

years of age or younger receive a blood lead testing;

(4) where to seek further information; and

(5) whether 2 or more mitigation notices have been

issued for the regulated facility within a 5-year period of

time.

Once the owner has complied with a mitigation notice or

mitigation order issued by the Department, the owner may remove

the notices posted pursuant to this Section.

(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)

(410 ILCS 45/10) (from Ch. 111 1/2, par. 1310)

Sec. 10. The Department, or representative of a unit of

local government or health department approved by the

Department for this purpose, shall report any violation of this

Act to the State's Attorney of the county in which the

regulated facility is located. The State's Attorney has the

authority to charge the owner with a Class A misdemeanor, and

who shall take additional measures to ensure that rent is

withheld from the owner by the occupants of the dwelling units

affected, until the mitigation requirements under Section 9 of

this Act are complied with.

No tenant shall be evicted because rent is withheld under

the provisions of this Act, or because of any action required

of the owner of the regulated facility as a result of

enforcement of this Act.

(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)

Section 360. The AIDS Confidentiality Act is amended by

changing Sections 9 and 9.7 as follows:

(410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)

Sec. 9. (1) No person may disclose or be compelled to

disclose HIV-related information, except to the following

persons:

(a) The subject of an HIV test or the subject's legally

authorized representative. A physician may notify the

spouse of the test subject, if the test result is positive

and has been confirmed pursuant to rules adopted by the

Department, provided that the physician has first sought

unsuccessfully to persuade the patient to notify the spouse

or that, a reasonable time after the patient has agreed to

make the notification, the physician has reason to believe

that the patient has not provided the notification. This

paragraph shall not create a duty or obligation under which

a physician must notify the spouse of the test results, nor

shall such duty or obligation be implied. No civil

liability or criminal sanction under this Act shall be

imposed for any disclosure or non-disclosure of a test

result to a spouse by a physician acting in good faith

under this paragraph. For the purpose of any proceedings,

civil or criminal, the good faith of any physician acting

under this paragraph shall be presumed.

(b) Any person designated in a legally effective

authorization for release of the HIV-related information

executed by the subject of the HIV-related information or

the subject's legally authorized representative.

(c) An authorized agent or employee of a health

facility or health care provider if the health facility or

health care provider itself is authorized to obtain the

test results, the agent or employee provides patient care

or handles or processes specimens of body fluids or

tissues, and the agent or employee has a need to know such

information.

(d) The Department and local health authorities

serving a population of over 1,000,000 residents or other

local health authorities as designated by the Department,

in accordance with rules for reporting, preventing, and

controlling the spread of disease and the conduct of public

health surveillance, public health investigations, and

public health interventions, as otherwise provided by

State law. The Department, local health authorities, and

authorized representatives shall not disclose HIV test

results and HIV-related information, publicly or in any

action of any kind in any court or before any tribunal,

board, or agency. HIV test results and HIV-related

information shall be protected from disclosure in

accordance with the provisions of Sections 8-2101 through

8-2105 of the Code of Civil Procedure.

(e) A health facility, health care provider, or health

care professional which procures, processes, distributes

or uses: (i) a human body part from a deceased person with

respect to medical information regarding that person; or

(ii) semen provided prior to the effective date of this Act

for the purpose of artificial insemination.

(f) Health facility staff committees for the purposes

of conducting program monitoring, program evaluation or

service reviews.

(f-5) A court in accordance with the provisions of

Section 12-5.01 of the Criminal Code of 2012.

(g) (Blank).

(h) Any health care provider, health care

professional, or employee of a health facility, and any

firefighter or EMR, EMT, A-EMT, paramedic, PHRN, or EMT-I,

involved in an accidental direct skin or mucous membrane

contact with the blood or bodily fluids of an individual

which is of a nature that may transmit HIV, as determined

by a physician in his medical judgment.

(i) Any law enforcement officer, as defined in

subsection (c) of Section 7, involved in the line of duty

in a direct skin or mucous membrane contact with the blood

or bodily fluids of an individual which is of a nature that

may transmit HIV, as determined by a physician in his

medical judgment.

(j) A temporary caretaker of a child taken into

temporary protective custody by the Department of Children

and Family Services pursuant to Section 5 of the Abused and

Neglected Child Reporting Act, as now or hereafter amended.

(k) In the case of a minor under 18 years of age whose

test result is positive and has been confirmed pursuant to

rules adopted by the Department, the health care

professional who ordered the test shall make a reasonable

effort to notify the minor's parent or legal guardian if,

in the professional judgment of the health care

professional, notification would be in the best interest of

the child and the health care professional has first sought

unsuccessfully to persuade the minor to notify the parent

or legal guardian or a reasonable time after the minor has

agreed to notify the parent or legal guardian, the health

care professional has reason to believe that the minor has

not made the notification. This subsection shall not create

a duty or obligation under which a health care professional

must notify the minor's parent or legal guardian of the

test results, nor shall a duty or obligation be implied. No

civil liability or criminal sanction under this Act shall

be imposed for any notification or non-notification of a

minor's test result by a health care professional acting in

good faith under this subsection. For the purpose of any

proceeding, civil or criminal, the good faith of any health

care professional acting under this subsection shall be

presumed.

(2) All information and records held by a State agency,

local health authority, or health oversight agency pertaining

to HIV-related information shall be strictly confidential and

exempt from copying and inspection under the Freedom of

Information Act. The information and records shall not be

released or made public by the State agency, local health

authority, or health oversight agency, shall not be admissible

as evidence nor discoverable in any action of any kind in any

court or before any tribunal, board, agency, or person, and

shall be treated in the same manner as the information and

those records subject to the provisions of Part 21 of Article

VIII of the Code of Civil Procedure, except under the following

circumstances:

(A) when made with the written consent of all persons

to whom the information pertains; or

(B) when authorized by Section 5-4-3 of the Unified

Code of Corrections.

Disclosure shall be limited to those who have a need to

know the information, and no additional disclosures may be

made.

(Source: P.A. 97-1046, eff. 8-21-12; 97-1150, eff. 1-25-13;

98-973, eff. 8-15-14; 98-1046, eff. 1-1-15; revised 10-1-14.)

(410 ILCS 305/9.7)

Sec. 9.7. Record locator service to support HIE. Section

9.9 of the Mental Health and Developmental Disabilities and

Confidentiality Act is herein incorporated by reference.

(Source: P.A. 98-1046, eff. 1-1-15; revised 11-26-14.)

Section 365. The Health Care Professional Credentials Data

Collection Act is amended by changing Section 51 as follows:

(410 ILCS 517/51)

Sec. 51. Licensure records. Licensure records designated

confidential and considered expunged for reporting purposes by

the licensee under Section 2105-207 of the Civil Administrative

Code of Illinois are not reportable under this Act.

(Source: P.A. 98-816, eff. 8-1-14; revised 12-10-14.)

Section 370. The Illinois Food, Drug and Cosmetic Act is

amended by changing Section 3.21 as follows:

(410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)

Sec. 3.21. Except as authorized by this Act, the Illinois

Controlled Substances Act, the Pharmacy Practice Act, the

Dental Practice Act, the Medical Practice Act of 1987, the

Veterinary Medicine and Surgery Practice Act of 2004, the

Podiatric Medical Practice Act of 1987, or Section 22-30 of the

School Code, to sell or dispense a prescription drug without a

prescription.

(Source: P.A. 97-361, eff. 8-15-11; revised 11-26-14.)

Section 375. The Food Handling Regulation Enforcement Act

is amended by changing Section 3.06 and setting forth and

renumbering multiple versions of Section 3.4 as follows:

(410 ILCS 625/3.06)

Sec. 3.06. Food handler training; restaurants.

(a) For the purpose of this Section, "restaurant" means any

business that is primarily engaged in the sale of ready-to-eat

food for immediate consumption. "Primarily engaged" means

having sales of ready-to-eat food for immediate consumption

comprising at least 51% of the total sales, excluding the sale

of liquor.

(b) Unless otherwise provided, all food handlers employed

by a restaurant, other than someone holding a food service

sanitation manager certificate, must receive or obtain

American National Standards Institute-accredited training in

basic safe food handling principles within 30 days after

employment and every 3 years thereafter. Notwithstanding the

provisions of Section 3.05 of this Act, food handlers employed

in nursing homes, licensed day care homes and facilities,

hospitals, schools, and long-term care facilities must renew

their training every 3 years. There is no limit to how many

times an employee may take the training. The training indicated

in subsections (e) and (f) of this Section is transferable

between employers, but not individuals. The training indicated

in subsections (c) and (d) of this Section is not transferable

between individuals or employers. Proof that a food handler has

been trained must be available upon reasonable request by a

State or local health department inspector and may be provided

electronically.

(c) If a business with an internal training program is

approved in another state prior to the effective date of this

amendatory Act of the 98th General Assembly, then the

business's training program and assessment shall be

automatically approved by the Department upon the business

providing proof that the program is approved in said state.

(d) The Department shall approve the training program of

any multi-state business with a plan that follows the

guidelines in subsection (b) of Section 3.05 of this Act and is

on file with the Department by May 15, 2013.

(e) If an entity uses an American National Standards

Institute food handler training accredited program, that

training program shall be automatically approved by the

Department.

(f) Certified local health departments in counties serving

jurisdictions with a population of 100,000 or less, as reported

by the U.S. Census Bureau in the 2010 Census of Population, may

have a training program. The training program must meet the

requirements of Section 3.05(b) and be approved by the

Department. This Section notwithstanding, certified local

health departments in the following counties may have a

training program:

(1) a county with a population of 677,560 as reported

by the U.S. Census Bureau in the 2010 Census of Population;

(2) a county with a population of 308,760 as reported

by the U.S. Census Bureau in the 2010 Census of Population;

(3) a county with a population of 515,269 as reported

by the U.S. Census Bureau in the 2010 Census of Population;

(4) a county with a population of 114,736 as reported

by the U.S. Census Bureau in the 2010 Census of Population;

(5) a county with a population of 110,768 as reported

by the U.S. Census Bureau in the 2010 Census of Population;

(6) a county with a population of 135,394 as reported

by the U.S. Census Bureau in the 2010 Census of Population.

The certified local health departments in paragraphs (1)

through (6) of this subsection (f) must have their training

programs program on file with the Department no later than 90

days after the effective date of this Act. Any modules that

meet the requirements of subsection (b) of Section 3.05 of this

Act and are not approved within 180 days after the Department's

receipt of the application of the entity seeking to conduct the

training shall automatically be considered approved by the

Department.

(g) Any and all documents, materials, or information

related to a restaurant or business food handler training

module submitted to the Department is confidential and shall

not be open to public inspection or dissemination and is exempt

from disclosure under Section 7 of the Freedom of Information

Act. Training may be conducted by any means available,

including, but not limited to, on-line, computer, classroom,

live trainers, remote trainers, and certified food service

sanitation managers. There must be at least one commercially

available, approved food handler training module at a cost of

no more than $15 per employee; if an approved food handler

training module is not available at that cost, then the

provisions of this Section 3.06 shall not apply.

(h) The regulation of food handler training is considered

to be an exclusive function of the State, and local regulation

is prohibited. This subsection (h) is a denial and limitation

of home rule powers and functions under subsection (h) of

Section 6 of Article VII of the Illinois Constitution.

(i) The provisions of this Section apply beginning July 1,

2014. From July 1, 2014 through December 31, 2014, enforcement

of the provisions of this Section shall be limited to education

and notification of requirements to encourage compliance.

(Source: P.A. 98-566, eff. 8-27-13; revised 12-10-14.)

(410 ILCS 625/3.4)

Sec. 3.4. Product samples.

(a) For the purpose of this Section, "food product

sampling" means food product samples distributed free of charge

for promotional or educational purposes only.

(b) Notwithstanding any other provision of law, except as

provided in subsection (c) of this Section, a vendor who

engages in food product sampling at a farmers' market may do so

without obtaining a State or local permit to provide those food

product samples, provided the vendor complies with the State

and local permit requirements to sell the food product to be

sampled and with the food preparation, food handling, food

storage, and food sampling requirements specified in the

administrative rules adopted by the Department to implement

Section 3.3 and Section 3.4 of this Act.

The Department of Public Health is instructed to work with

the Farmers' Market Task Force as created in Section 3.3 of

this Act to establish a food sampling at farmers' market

training and certification program to fulfill this

requirement. The Department shall adopt rules for the food

sampling training and certification program and product

sampling requirements at farmers' markets in accordance with

subsection (j) of Section 3.3. The Department may charge a

reasonable fee for the training and certification program. The

Department may delegate or contract authority to administer the

food sampling training to other qualified public and private

entities.

(c) Notwithstanding the provisions of subsection (b) of

this Section, the Department of Public Health, the Department

of Agriculture, a local municipal health department, or a

certified local health department may inspect a vendor at a

farmers' market to ensure compliance with the provisions in

this Section. If an imminent health hazard exists or a vendor's

product has been found to be misbranded, adulterated, or not in

compliance with the permit exemption for vendors pursuant to

this Section, then the regulatory authority may invoke

cessation of sales until it deems that the situation has been

addressed.

(Source: P.A. 98-660, eff. 6-23-14.)

(410 ILCS 625/3.6)

Sec. 3.6 3.4. Home kitchen operation.

(a) For the purpose of this Section, "home kitchen

operation" means a person who produces or packages

non-potentially hazardous food in a kitchen of that person's

primary domestic residence for direct sale by the owner or a

family member, or for sale by a religious, charitable, or

nonprofit organization, stored in the residence where the food

is made. The following conditions must be met in order to

qualify as a home kitchen operation:

(1) Monthly gross sales do not exceed $1,000.

(2) The food is not a potentially hazardous baked food,

as defined in Section 4 of this Act.

(3) A notice is provided to the purchaser that the

product was produced in a home kitchen.

(b) The Department of Public Health or the health

department of a unit of local government may inspect a home

kitchen operation in the event of a complaint or disease

outbreak.

(c) This Section applies only to a home kitchen operation

located in a municipality, township, or county where the local

governing body has adopted an ordinance authorizing the direct

sale of baked goods as described in Section 4 of this Act.

(Source: P.A. 98-643, eff. 6-10-14; revised 10-20-14.)

Section 380. The Public Water Supply Operations Act is

amended by changing Sections 1 and 13 as follows:

(415 ILCS 45/1) (from Ch. 111 1/2, par. 501)

Sec. 1. (1) In order to safeguard the health and well-being

of the populace, every community water supply in Illinois,

other than an exempt community water supply as specified in

Section 9.1, shall have on its operational staff, and shall

designate to the Agency in writing, either (i) one Responsible

Operator in Charge who directly supervises both the treatment

and distribution facilities of the community water supply or

(ii) one Responsible Operator in Charge who directly supervises

the treatment facilities of the community water supply and one

Responsible Operator in Charge who directly supervises the

distribution facilities of the community water supply.

Except for exempt community water supplies as specified in

Section 9.1 of this Act, all portions of a community water

supply system shall be under the direct supervision of a

Responsible Operator in Charge.

(2) The following class requirements apply:

(a) Each Class A community water supply shall have in

its employ at least one individual certified as competent

as a Class A community water supply operator.

(b) Each Class B community water supply shall have in

its employ at least one individual certified as competent

as a Class B or Class A community water supply operator.

(c) Each Class C community water supply shall have in

its employ at least one individual certified as competent

as a Class C, Class B, or Class A community water supply

operator.

(d) Each Class D community water supply shall have in

its employ at least one individual certified as competent

as a Class D, Class C, Class B, or Class A community water

supply operator.

(2.5) The Agency may adopt rules that classify or

reclassify community water supplies as Class A, Class B, Class

C, or Class D community water supplies. A community water

supply that cannot be clearly classified under Section 5.1 or

Agency rules shall be considered individually and designated,

in writing, by the Agency, as a Class A, Class B, Class C, or

Class D community water supply. Classifications made under this

subsection (2.5) shall be based on the nature of the community

water supply and on the education and experience necessary to

operate it.

(3) A community water supply may satisfy the requirements

of this Section by contracting the services of an individual

who is a properly qualified certified operator of the required

class or higher, and will directly supervise the operation of

the community water supply. That individual shall serve as the

Responsible Operator in Charge of the community water supply. A

written agreement to this effect must be on file with the

Agency certifying that such an agreement exists, and delegating

responsibility and authority to the contracted party. This

written agreement shall be signed by both the certified

operator to be contracted and the responsible community water

supply owner or official custodian and must be approved in

writing by the Agency.

(Source: P.A. 98-822, eff. 8-1-14; 98-856, eff. 8-4-14; revised

10-1-14.)

(415 ILCS 45/13) (from Ch. 111 1/2, par. 513)

Sec. 13. Community Water Supply Operators shall be

certified in accordance with the following classifications:

(a) A "Class A" Water Supply Operator Certificate shall

be issued to those individuals who, in accordance with this

Act, demonstrate the skills, knowledge, ability, and

judgment that are necessary to operate a Class A community

water supply in a manner that will provide safe, potable

water for human consumption, as well as the skills,

knowledge, ability, and judgment necessary to operate

Class B, Class C, and Class D community water supplies in a

manner that will provide safe, potable water for human

consumption.

(b) A "Class B" Water Supply Operator Certificate shall

be issued to those individuals who, in accordance with this

Act, demonstrate the skills, knowledge, ability, and

judgment that are necessary to operate a Class B community

water supply in a manner that will provide safe, potable

water for human consumption, as well as the skills,

knowledge, ability, and judgment necessary to operate

Class C and Class D community water supplies in a manner

that will provide safe, potable water for human

consumption.

(c) A "Class C" Water Supply Operator Certificate shall

be issued to those individuals who, in accordance with this

Act, demonstrate the skills, knowledge, ability, and

judgment that are necessary to operate a Class C community

water supply in a manner that will provide safe, potable

water for human consumption, as well as the skills,

knowledge, ability, and judgment necessary to operate a

Class D community water supply in a manner that will

provide safe, potable water for human consumption.

(d) A "Class D" Water Supply Operator Certificate shall

be issued to those individuals who, in accordance with this

Act, demonstrate the skills, knowledge, ability, and

judgment that are necessary to operate a Class D community

water supply in a manner that will provide safe, potable

water for human consumption.

(Source: P.A. 98-822, eff. 8-1-14; 98-856, eff. 8-4-14; revised

10-2-14.)

Section 385. The Illinois Pesticide Act is amended by

changing Section 19.3 as follows:

(415 ILCS 60/19.3)

Sec. 19.3. Agrichemical Facility Response Action Program.

(a) It is the policy of the State of Illinois that an

Agrichemical Facility Response Action Program be implemented

to reduce potential agrichemical pollution and minimize

environmental degradation risk potential at these sites. In

this Section, "agrichemical facility" means a site where

agrichemicals are stored or handled, or both, in preparation

for end use. "Agrichemical facility" does not include basic

manufacturing or central distribution sites utilized only for

wholesale purposes. As used in this Section, "agrichemical"

means pesticides or commercial fertilizers at an agrichemical

facility.

The program shall provide guidance for assessing the threat

of soil agrichemical contaminants to groundwater and

recommending which sites need to establish a voluntary

corrective action program.

The program shall establish appropriate site-specific soil

cleanup objectives, which shall be based on the potential for

the agrichemical contaminants to move from the soil to

groundwater and the potential of the specific soil agrichemical

contaminants to cause an exceedence of a Class I or Class III

groundwater quality standard or a health advisory level. The

Department shall use the information found and procedures

developed in the Agrichemical Facility Site Contamination

Study or other appropriate physical evidence to establish the

soil agrichemical contaminant levels of concern to groundwater

in the various hydrological settings to establish

site-specific cleanup objectives.

No remediation of a site may be recommended unless (i) the

agrichemical contamination level in the soil exceeds the

site-specific cleanup objectives or (ii) the agrichemical

contaminant level in the soil exceeds levels where physical

evidence and risk evaluation indicates probability of the site

causing an exceedence of a groundwater quality standard.

When a remediation plan must be carried out over a number

of years due to limited financial resources of the owner or

operator of the agrichemical facility, those soil agrichemical

contaminated areas that have the greatest potential to

adversely impact vulnerable Class I groundwater aquifers and

adjacent potable water wells shall receive the highest priority

rating and be remediated first.

(b) (Blank).

(c) (Blank).

(d) The Director has the authority to do the following:

(1) When requested by the owner or operator of an

agrichemical facility, may investigate the agrichemical

facility site contamination.

(2) After completion of the investigation under item

(1) of this subsection, recommend to the owner or operator

of an agrichemical facility that a voluntary assessment be

made of the soil agrichemical contaminant when there is

evidence that the evaluation of risk indicates that

groundwater could be adversely impacted.

(3) Review and make recommendations on any corrective

action plan submitted by the owner or operator of an

agrichemical facility.

(4) On approval by the Director, issue an order to the

owner or operator of an agrichemical facility that has

filed a voluntary corrective action plan that the owner or

operator may proceed with that plan.

(5) Provide remedial project oversight and monitor

remedial work progress.

(6) Provide staff to support program activities.

(7) (Blank).

(8) Incorporate the following into a handbook or

manual: the procedures for site assessment; pesticide

constituents of concern and associated parameters;

guidance on remediation techniques, land application, and

corrective action plans; and other information or

instructions that the Department may find necessary.

(9) Coordinate preventive response actions at

agrichemical facilities pursuant to the Groundwater

Quality Standards adopted pursuant to Section 8 of the

Illinois Groundwater Protection Act to mitigate resource

groundwater impairment.

Upon completion of the corrective action plan, the

Department shall issue a notice of closure stating that

site-specific cleanup objectives have been met and no further

remedial action is required to remedy the past agrichemical

contamination.

When a soil agrichemical contaminant assessment confirms

that remedial action is not required in accordance with the

Agrichemical Facility Response Action Program, a notice of

closure shall be issued by the Department stating that no

further remedial action is required to remedy the past

agrichemical contamination.

(e) Upon receipt of notification of an agrichemical

contaminant in groundwater pursuant to the Groundwater Quality

Standards, the Department shall evaluate the severity of the

agrichemical contamination and shall submit to the

Environmental Protection Agency an informational notice

characterizing it as follows:

(1) An agrichemical contaminant in Class I or Class III

groundwater has exceeded the levels of a standard adopted

pursuant to the Illinois Groundwater Protection Act or a

health advisory established by the Illinois Environmental

Protection Agency or the United States Environmental

Protection Agency; or

(2) An agrichemical has been detected at a level that

requires preventive notification pursuant to a standard

adopted pursuant to the Illinois Groundwater Protection

Act.

(f) When agrichemical contamination is characterized as in

subsection (e)(1) of this Section, a facility may elect to

participate in the Agrichemical Facility Response Action

Program. In these instances, the scope of the corrective action

plans developed, approved, and completed under this program

shall be limited to the soil agrichemical contamination present

at the site unless implementation of the plan is coordinated

with the Illinois Environmental Protection Agency as follows:

(1) Upon receipt of notice of intent to include

groundwater in an action by a facility, the Department

shall also notify the Illinois Environmental Protection

Agency.

(2) Upon receipt of the corrective action plan, the

Department shall coordinate a joint review of the plan with

the Illinois Environmental Protection Agency.

(3) The Illinois Environmental Protection Agency may

provide a written endorsement of the corrective action

plan.

(4) The Illinois Environmental Protection Agency may

approve a groundwater management zone for a period of 5

years after the implementation of the corrective action

plan to allow for groundwater impairment mitigation

results.

(5) (Blank).

(6) The Department, in cooperation with the Illinois

Environmental Protection Agency, shall provide remedial

project oversight and , monitor remedial work progress.

(7) The Department shall, upon completion of the

corrective action plan, issue a notice of closure stating

that no further remedial action is required to remedy the

past agrichemical contamination.

(g) When an owner or operator of an agrichemical facility

initiates a soil contamination assessment on the owner's or

operator's own volition and independent of any requirement

under this Section 19.3, information contained in that

assessment may be held as confidential information by the owner

or operator of the facility.

(h) Except as otherwise provided by Department rule, on and

after the effective date of this amendatory Act of the 98th

General Assembly, any Agrichemical Facility Response Action

Program requirement that may be satisfied by an industrial

hygienist licensed pursuant to the Industrial Hygienists

Licensure Act repealed in this amendatory Act may be satisfied

by a Certified Industrial Hygienist certified by the American

Board of Industrial Hygiene.

(Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14; revised

12-10-14.)

Section 390. The Firearm Owners Identification Card Act is

amended by changing Section 10 as follows:

(430 ILCS 65/10) (from Ch. 38, par. 83-10)

Sec. 10. Appeal to director; hearing; relief from firearm

prohibitions.

(a) Whenever an application for a Firearm Owner's

Identification Card is denied, whenever the Department fails to

act on an application within 30 days of its receipt, or

whenever such a Card is revoked or seized as provided for in

Section 8 of this Act, the aggrieved party may appeal to the

Director of State Police for a hearing upon such denial,

revocation or seizure, unless the denial, revocation, or

seizure was based upon a forcible felony, stalking, aggravated

stalking, domestic battery, any violation of the Illinois

Controlled Substances Act, the Methamphetamine Control and

Community Protection Act, or the Cannabis Control Act that is

classified as a Class 2 or greater felony, any felony violation

of Article 24 of the Criminal Code of 1961 or the Criminal Code

of 2012, or any adjudication as a delinquent minor for the

commission of an offense that if committed by an adult would be

a felony, in which case the aggrieved party may petition the

circuit court in writing in the county of his or her residence

for a hearing upon such denial, revocation, or seizure.

(b) At least 30 days before any hearing in the circuit

court, the petitioner shall serve the relevant State's Attorney

with a copy of the petition. The State's Attorney may object to

the petition and present evidence. At the hearing the court

shall determine whether substantial justice has been done.

Should the court determine that substantial justice has not

been done, the court shall issue an order directing the

Department of State Police to issue a Card. However, the court

shall not issue the order if the petitioner is otherwise

prohibited from obtaining, possessing, or using a firearm under

federal law.

(c) Any person prohibited from possessing a firearm under

Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or

acquiring a Firearm Owner's Identification Card under Section 8

of this Act may apply to the Director of State Police or

petition the circuit court in the county where the petitioner

resides, whichever is applicable in accordance with subsection

(a) of this Section, requesting relief from such prohibition

and the Director or court may grant such relief if it is

established by the applicant to the court's or Director's

satisfaction that:

(0.05) when in the circuit court, the State's Attorney

has been served with a written copy of the petition at

least 30 days before any such hearing in the circuit court

and at the hearing the State's Attorney was afforded an

opportunity to present evidence and object to the petition;

(1) the applicant has not been convicted of a forcible

felony under the laws of this State or any other

jurisdiction within 20 years of the applicant's

application for a Firearm Owner's Identification Card, or

at least 20 years have passed since the end of any period

of imprisonment imposed in relation to that conviction;

(2) the circumstances regarding a criminal conviction,

where applicable, the applicant's criminal history and his

reputation are such that the applicant will not be likely

to act in a manner dangerous to public safety;

(3) granting relief would not be contrary to the public

interest; and

(4) granting relief would not be contrary to federal

law.

(c-5) (1) An active law enforcement officer employed by a

unit of government, who is denied, revoked, or has his or her

Firearm Owner's Identification Card seized under subsection

(e) of Section 8 of this Act may apply to the Director of State

Police requesting relief if the officer did not act in a manner

threatening to the officer, another person, or the public as

determined by the treating clinical psychologist or physician,

and as a result of his or her work is referred by the employer

for or voluntarily seeks mental health evaluation or treatment

by a licensed clinical psychologist, psychiatrist, or

qualified examiner, and:

(A) the officer has not received treatment

involuntarily at a mental health facility, regardless of

the length of admission; or has not been voluntarily

admitted to a mental health facility for more than 30 days

and not for more than one incident within the past 5 years;

and

(B) the officer has not left the mental institution

against medical advice.

(2) The Director of State Police shall grant expedited

relief to active law enforcement officers described in

paragraph (1) of this subsection (c-5) upon a determination by

the Director that the officer's possession of a firearm does

not present a threat to themselves, others, or public safety.

The Director shall act on the request for relief within 30

business days of receipt of:

(A) a notarized statement from the officer in the form

prescribed by the Director detailing the circumstances

that led to the hospitalization;

(B) all documentation regarding the admission,

evaluation, treatment and discharge from the treating

licensed clinical psychologist or psychiatrist of the

officer;

(C) a psychological fitness for duty evaluation of the

person completed after the time of discharge; and

(D) written confirmation in the form prescribed by the

Director from the treating licensed clinical psychologist

or psychiatrist that the provisions set forth in paragraph

(1) of this subsection (c-5) have been met, the person

successfully completed treatment, and their professional

opinion regarding the person's ability to possess

firearms.

(3) Officers eligible for the expedited relief in paragraph

(2) of this subsection (c-5) have the burden of proof on

eligibility and must provide all information required. The

Director may not consider granting expedited relief until the

proof and information is received.

(4) "Clinical psychologist", "psychiatrist", and

"qualified examiner" shall have the same meaning as provided in

Chapter I 1 of the Mental Health and Developmental Disabilities

Code.

(d) When a minor is adjudicated delinquent for an offense

which if committed by an adult would be a felony, the court

shall notify the Department of State Police.

(e) The court shall review the denial of an application or

the revocation of a Firearm Owner's Identification Card of a

person who has been adjudicated delinquent for an offense that

if committed by an adult would be a felony if an application

for relief has been filed at least 10 years after the

adjudication of delinquency and the court determines that the

applicant should be granted relief from disability to obtain a

Firearm Owner's Identification Card. If the court grants

relief, the court shall notify the Department of State Police

that the disability has been removed and that the applicant is

eligible to obtain a Firearm Owner's Identification Card.

(f) Any person who is subject to the disabilities of 18

U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act

of 1968 because of an adjudication or commitment that occurred

under the laws of this State or who was determined to be

subject to the provisions of subsections (e), (f), or (g) of

Section 8 of this Act may apply to the Department of State

Police requesting relief from that prohibition. The Director

shall grant the relief if it is established by a preponderance

of the evidence that the person will not be likely to act in a

manner dangerous to public safety and that granting relief

would not be contrary to the public interest. In making this

determination, the Director shall receive evidence concerning

(i) the circumstances regarding the firearms disabilities from

which relief is sought; (ii) the petitioner's mental health and

criminal history records, if any; (iii) the petitioner's

reputation, developed at a minimum through character witness

statements, testimony, or other character evidence; and (iv)

changes in the petitioner's condition or circumstances since

the disqualifying events relevant to the relief sought. If

relief is granted under this subsection or by order of a court

under this Section, the Director shall as soon as practicable

but in no case later than 15 business days, update, correct,

modify, or remove the person's record in any database that the

Department of State Police makes available to the National

Instant Criminal Background Check System and notify the United

States Attorney General that the basis for the record being

made available no longer applies. The Department of State

Police shall adopt rules for the administration of this

Section.

(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13;

97-1167, eff. 6-1-13; 98-63, eff. 7-9-13; revised 12-10-14.)

Section 395. The Firearm Concealed Carry Act is amended by

changing Section 40 as follows:

(430 ILCS 66/40)

Sec. 40. Non-resident license applications.

(a) For the purposes of this Section, "non-resident" means

a person who has not resided within this State for more than 30

days and resides in another state or territory.

(b) The Department shall by rule allow for non-resident

license applications from any state or territory of the United

States with laws related to firearm ownership, possession, and

carrying, that are substantially similar to the requirements to

obtain a license under this Act.

(c) A resident of a state or territory approved by the

Department under subsection (b) of this Section may apply for a

non-resident license. The applicant shall apply to the

Department and must meet all of the qualifications established

in Section 25 of this Act, except for the Illinois residency

requirement in item (xiv) of paragraph (2) of subsection (a) of

Section 4 of the Firearm Owners Identification Card Act. The

applicant shall submit:

(1) the application and documentation required under

Section 30 of this Act and the applicable fee;

(2) a notarized document stating that the applicant:

(A) is eligible under federal law and the laws of

his or her state or territory of residence to own or

possess a firearm;

(B) if applicable, has a license or permit to carry

a firearm or concealed firearm issued by his or her

state or territory of residence and attach a copy of

the license or permit to the application;

(C) understands Illinois laws pertaining to the

possession and transport of firearms; , and

(D) acknowledges that the applicant is subject to

the jurisdiction of the Department and Illinois courts

for any violation of this Act; and

(3) a photocopy of any certificates or other evidence

of compliance with the training requirements under Section

75 of this Act; and

(4) a head and shoulder color photograph in a size

specified by the Department taken within the 30 days

preceding the date of the application.

(d) In lieu of an Illinois driver's license or Illinois

identification card, a non-resident applicant shall provide

similar documentation from his or her state or territory of

residence. In lieu of a valid Firearm Owner's Identification

Card, the applicant shall submit documentation and information

required by the Department to obtain a Firearm Owner's

Identification Card, including an affidavit that the

non-resident meets the mental health standards to obtain a

firearm under Illinois law, and the Department shall ensure

that the applicant would meet the eligibility criteria to

obtain a Firearm Owner's Identification card if he or she was a

resident of this State.

(e) Nothing in this Act shall prohibit a non-resident from

transporting a concealed firearm within his or her vehicle in

Illinois, if the concealed firearm remains within his or her

vehicle and the non-resident:

(1) is not prohibited from owning or possessing a

firearm under federal law;

(2) is eligible to carry a firearm in public under the

laws of his or her state or territory of residence, as

evidenced by the possession of a concealed carry license or

permit issued by his or her state of residence, if

applicable; and

(3) is not in possession of a license under this Act.

If the non-resident leaves his or her vehicle unattended,

he or she shall store the firearm within a locked vehicle or

locked container within the vehicle in accordance with

subsection (b) of Section 65 of this Act.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; revised

12-10-14.)

Section 400. The Amusement Ride and Attraction Safety Act

is amended by changing Section 2-12 as follows:

(430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)

Sec. 2-12. Order for cessation of operation of amusement

ride or attraction.

(a) The Department of Labor may order, in writing, a

temporary and immediate cessation of operation of any amusement

ride or amusement attraction if it:

(1) it has been determined after inspection to be

hazardous or unsafe;

(2) it is in operation before the Director has issued a

permit to operate such equipment; or

(3) the owner or operator is not in compliance with the

insurance requirements contained in Section 2-14 of this

Act and any rules or regulations adopted hereunder.

(b) Operation of the amusement ride or amusement attraction

shall not resume until:

(1) the unsafe or hazardous condition is corrected to

the satisfaction of the Director or such inspector;

(2) the Director has issued a permit to operate such

equipment; or

(3) the owner or operator is in compliance with the

insurance requirements contained in Section 2-14 of this

Act and any rules or regulations adopted hereunder,

respectively.

(c) The Department shall notify the owner or operator in

writing of the grounds for the cessation of operation of the

amusement ride or attraction and of the conditions in need of

correction at the time the order for cessation is issued.

(d) The owner or operator may appeal an order of cessation

by filing a request for a hearing. The Department shall afford

the owner or operator 10 working days after the date of the

notice to request a hearing. Upon written request for hearing,

the Department shall schedule a formal administrative hearing

in compliance with Article 10 of the Illinois Administrative

Procedure Act and pursuant to the provisions of the

Department's rules of procedure in administrative hearings,

except that formal discovery, such as production requests,

interrogatories, requests to admit, and depositions will not be

allowed. The parties shall exchange documents and witness lists

prior to hearing and may request third party subpoenas to be

issued.

(e) The final determination by the Department of Labor

shall be rendered within 5 working days after the conclusion of

the hearing.

(f) The provisions of the Administrative Review Law shall

apply to and govern all proceedings for the judicial review of

a final determination under this Section.

(Source: P.A. 98-541, eff. 8-23-13; 98-756, eff. 7-16-14;

revised 12-10-14.)

Section 405. The Illinois Modular Dwelling and Mobile

Structure Safety Act is amended by changing Section 2 as

follows:

(430 ILCS 115/2) (from Ch. 67 1/2, par. 502)

Sec. 2. Unless clearly indicated otherwise by the context,

the following words and terms when used in this Act, for the

purpose of this Act, shall have the following meanings:

(a) (Blank) a manufactured home as defined in subdivision

(53) of Section 9-102 of the Uniform Commercial Code. "Mobile

home" means a factory-assembled, completely integrated

structure, constructed on or before June 30, 1976, designed for

permanent habitation, with a permanent chassis, and so

constructed as to permit its transport, on wheels temporarily

or permanently attached to its frame, that is a movable or

portable unit that is constructed to be towed on its own

chassis (comprised of frame and wheels) from the place of its

construction to the location, or subsequent locations, at which

it is connected to utilities for year-round occupancy for use

as a permanent habitation, and designed and situated so as to

permit its occupancy as a dwelling place for one or more

persons. terms "manufactured home" and "mobile home" otherwise

meeting their respective definitions terms "mobile home" and

"manufactured home" exclude.

(b) "Person" means any individual, group of individuals,

association, trust, partnership, limited liability company,

corporation, person doing business under an assumed name,

county, municipality, the State of Illinois, or any political

subdivision or department thereof, or any other entity.

(c) "Manufacturer" means any person who manufactures

mobile structures or modular dwellings at the place or places,

either on or away from the building site, at which machinery,

equipment, and other capital goods are assembled and operated

for the purpose of making, fabricating, forming, or assembling

mobile structures or modular dwellings.

(d) "Department" means the Department of Public Health.

(e) "Director" means the Director of the Department of

Public Health.

(f) (Blank).

(g) "Codes" means the safety codes for modular dwellings

and mobile structures adopted by the Department and is

synonymous with "rules". The Codes shall contain the standards

and requirements for modular dwellings and mobile structures so

that adequate performance for the intended use is made the test

of acceptability. The Code of Standards shall permit the use of

new technology, techniques, methods and materials, for both

modular dwellings and mobile structures, consistent with

recognized and accepted codes and standards developed by the

International Code Council (ICC) or by the organizations that

formed the ICC in 1994, the National Fire Protection

Association, the International Association of Plumbing and

Mechanical Officials, the American National Standards

Institute, and the Illinois State Plumbing Code.

(h) "Seal" means a device or insignia issued by the

Department to be displayed on the exterior of the mobile

structure or the interior of a modular dwelling unit to

evidence compliance with the applicable safety code.

(i) "Modular dwelling" means a building assembly or system

of building sub-assemblies, designed for habitation as a

dwelling for one or more persons, including the necessary

electrical, plumbing, heating, ventilating and other service

systems, which is of closed construction and which is made or

assembled by a manufacturer, on or off the building site, for

installation, or assembly and installation, on the building

site, installed and set up according to the manufacturer's

instructions on an approved foundation and support system. The

construction of modular dwelling units located in Illinois is

regulated by the Illinois Department of Public Health.

(j) "Closed construction" is any building, component,

assembly or system manufactured in such a manner that all

portions cannot readily be inspected at the installation site

without disassembly, damage to, or destruction thereof.

(k) (Blank).

(l) "Approved foundation and support system" means, for a

modular dwelling unit, a closed perimeter formation consisting

of materials such as concrete, mortared concrete block,

mortared brick, steel, or treated lumber extending into the

ground below the frost line which shall include, but not

necessarily be limited to, cellars, basements, or crawl spaces,

and does include the use of piers supporting the marriage wall

of the home that extend below the frost line.

(m) "Code compliance certificate" means the certificate

provided by the manufacturer to the Department that warrants

that the modular dwelling unit or mobile structure complies

with the applicable code.

(n) "Mobile structure" means a movable or portable unit,

which, when assembled, is 8 feet or more in width and is 32

body feet in length, constructed to be towed on its own chassis

(comprised of frame and wheels), and designed for occupancy

with or without a permanent foundation. "Mobile structure"

includes units designed to be used for multi-family

residential, commercial, educational, or industrial purposes,

excluding, however, recreational vehicles and single family

residences.

(Source: P.A. 98-749, eff. 7-16-14; 98-959, eff. 8-15-14;

revised 10-2-14.)

Section 410. The Illinois Fertilizer Act of 1961 is amended

by changing Sections 4 and 20 as follows:

(505 ILCS 80/4) (from Ch. 5, par. 55.4)

Sec. 4. License and product registration.

(a) Each brand and grade of fertilizer shall be registered

by the entity whose name appears upon the label before being

distributed in this State. The application for registration

shall be submitted with a label or facsimile of same to the

Director on forms furnished by the Director, and shall be

accompanied by a fee of $20 per grade within a brand. Upon

approval by the Director a copy of the registration shall be

furnished to the applicant. All registrations expire on

December 31 of each year.

The application shall include the following information:

(1) The net weight.

(2) The brand and grade.

(3) The guaranteed analysis.

(4) The name and address of the registrant.

(a-5) No entity whose name appears on the label shall

distribute a fertilizer in the State unless the entity has

secured a license under this Act on forms provided by the

Director. The license application shall be accompanied by a fee

of $100. Entities that store anhydrous ammonia as a fertilizer,

store bulk fertilizer, or custom blend a fertilizer at more

than one site under the same entity's name shall list any and

all additional sites with a complete address for each site and

remit a license fee of $50 for each site identified. Entities

performing lawn care applications for hire are exempt from

obtaining a license under this Act. All licenses expire on

December 31 of each year.

(b) A distributor shall not be required to register any

brand of fertilizer or a custom blend which is already

registered under this Act by another entity.

(c) The plant nutrient content of each and every fertilizer

must remain uniform for the period of registration and, in no

case, shall the percentage of any guaranteed plant nutrient

element be changed in such a manner that the crop-producing

quality of the fertilizer is lowered.

(d) (Blank).

(e) A custom blend, as defined in Section 3, prepared for

one consumer or end user shall not be co-mingled with the

custom blended fertilizer prepared for another consumer or end

user.

(f) All fees collected pursuant to this Section shall be

paid to the Fertilizer Control Fund for activities related to

the administration and enforcement of this Act.

(Source: P.A. 97-960, eff. 8-15-12; 98-756, eff. 7-16-14;

revised 12-10-14.)

(505 ILCS 80/20) (from Ch. 5, par. 55.20)

Sec. 20. Administrative hearings; notice. Any entity so

notified of violating this Act or its rules, shall be given the

opportunity to be heard as may be prescribed by the Director.

When an administrative hearing is held, the hearing officer,

upon determination of a violation of this Act, shall levy and

the Department shall collect administrative penalties in

addition to any initial penalty levied by this Act as follows:

(1) A penalty of $1,000 shall be imposed for:

(A) neglect or refusal by any entity, after notice

in writing, to comply with provisions of this Act or

its rules or any lawful order of the Director;

(B) every sale, disposal, or distribution of a

fertilizer that is under a stop-sale order; or

(C) concealing facts or conditions, impeding,

obstructing, hindering, or otherwise preventing or

attempting to prevent the Director, or his or her duly

authorized agent, in the performance of his or her duty

in connection with the provisions of this Act.

(2) A penalty of $500 shall be imposed for the

following violations:

(A) distribution of a fertilizer that is

misbranded or adulterated;

(B) distribution of a fertilizer that does not have

an accompanying label attached or displayed;

(C) failure to comply with any provisions of this

Act or its rules other than described under this

Section.

The Department, over the signature of the Director, is

authorized to issue subpoenas and bring before the Department

any entity in this State to take testimony orally, by

deposition, or by exhibit, in the same manner prescribed by law

in judicial proceedings or civil cases in the circuit courts of

this State. The Director is authorized to issue subpoenas duces

tecum for records relating to a fertilizer distributor's or

registrant's business.

When a fertilizer-soil amendment combination labeled in

accordance with 8 Ill. Adm. Code 211.40 Subpart (b) is subject

to penalties, the larger penalty shall be assessed.

All penalties collected by the Department under this

Section shall be deposited into the Fertilizer Control Fund.

Any penalty not paid within 60 days after receiving the notice

from the Department shall be submitted to the Attorney

General's office for collection.

(Source: P.A. 97-960, eff. 8-15-12; revised 12-10-14.)

Section 415. The Illinois Seed Law is amended by changing

Section 4.1 as follows:

(505 ILCS 110/4.1) (from Ch. 5, par. 404.1)

Sec. 4.1. All seeds named and treated as defined in this

Act (for which a separate label may be used) must be labeled

with:

(1) A word or statement indicating that the seed has

been treated.

(2) The commonly accepted, coined, chemical or

abbreviated chemical (generic) name of the applied

substance or description of the process used.

(3) If the substance in the amount present with the

seed is harmful to human or other vertebrate animals, a

caution statement such as "Do not use for food, feed, oil

purposes" or otherwise as required by the Uniform Hazardous

Substances Substance Act of Illinois. The caution for toxic

substances shall be a poison statement or symbol.

(4) If the seed is treated with an inoculant, the date

beyond which the inoculant is not to be considered

effective (date of expiration).

(5) Require symbol statement and the appropriate

Environmental Protection Agency signal word -- DANGER,

CAUTION OR WARNING.

(6) All treated seeds are required to be stained so

that they are easily distinguished by the ordinary observer

when examined regardless of the proportion of treated to

untreated seeds. The color used on treated seed shall

persist as long as seed bear pesticide residue.

(Source: P.A. 85-717; revised 12-10-14.)

Section 420. The Illinois Bovine Brucellosis Eradication

Act is amended by changing Section 1 as follows:

(510 ILCS 30/1) (from Ch. 8, par. 134)

Sec. 1. As used in this Act, unless the context otherwise

requires, words and phrases have the meanings ascribed to them

in the Sections following this Section and preceding Section 2

Sections 1.1 to 1.12, inclusive.

(Source: P.A. 78-818; revised 12-10-14.)

Section 425. The Herptiles-Herps Act is amended by changing

Section 105-95 as follows:

(510 ILCS 68/105-95)

Sec. 105-95. Financial value of herptiles.

(a) For purposes of this Section, the financial value of

all reptiles and amphibians described under this Act taken,

possessed, or used in violation of this Act, whether in whole

or in part, is as follows:

(1) for processed turtle parts, $8 for each pound or

fraction of a pound; for each non-processed turtle, $15 per

whole turtle or fair market value, whichever is greater;

(2) for frogs, toads, salamanders, lizards, and

snakes, $5 per herptile or fair market value, whichever is

greater, in whole or in part, unless specified as a special

use herptile;

(3) for any special use herptile, the value shall be no

less than $250 per special use herptile or fair market

value, whichever is greater;

(4) for any endangered or threatened herptile, the

value shall be no less than $150 per endangered or

threatened threatend herptile or fair market value,

whichever is greater; and

(5) any person who, for profit or commercial purposes,

knowingly captures or kills, possesses, offers for sale,

sells, offers to barter, barters, offers to purchase,

purchases, delivers for shipment, ships, exports, imports,

causes to be shipped, exported, or imported, delivers for

transportation, transports, or causes to be transported,

carries or causes to be carried, or receives for shipment,

transportation, carriage, or export any reptile or

amphibian life, in part or in whole, of any of the reptiles

and amphibians protected by this Act, and that reptile or

amphibian life, in whole or in part, is valued at or in

excess of a total of $300 or fair market value, whichever

is greater, as per value specified in paragraphs (1), (2),

(3), and (4) of this subsection commits a Class 3 felony.

(b) The trier of fact may infer that a person "knowingly

possesses" a reptile or amphibian, in whole or in part,

captured or killed in violation of this Act, valued at or in

excess of $600, as per value specified in paragraphs (1), (2),

(3), and (4) of subsection (a) of this Section.

(Source: P.A. 98-752, eff. 1-1-15; revised 12-10-14.)

Section 430. The Humane Care for Animals Act is amended by

changing Section 2 as follows:

(510 ILCS 70/2) (from Ch. 8, par. 702)

Sec. 2. As used in this Act, unless the context otherwise

requires, the terms specified in the Sections following this

Section and preceding Section 3 Sections 2.01 through 2.07 have

the meanings ascribed to them in those Sections.

(Source: P.A. 78-905; revised 12-10-14.)

Section 435. The Illinois Swine Brucellosis Eradication

Act is amended by changing Section 1 as follows:

(510 ILCS 95/1) (from Ch. 8, par. 148f)

Sec. 1. As used in this Act, unless the context otherwise

requires, words and phrases have the meanings ascribed to them

in the Sections following this Section and preceding Section 2

Sections 1.1 to 1.7, inclusive.

(Source: Laws 1959, p. 2259; revised 12-10-14.)

Section 440. The Fish and Aquatic Life Code is amended by

changing Sections 1-20, 15-155, and 20-55 as follows:

(515 ILCS 5/1-20) (from Ch. 56, par. 1-20)

Sec. 1-20. Aquatic life. "Aquatic life" means all fish,

mollusks, crustaceans, algae, aquatic plants, aquatic

invertebrates, and any other aquatic animals or plants that the

Department identifies in rules adopted after consultation with

biologists, zoologists, or other wildlife experts. "Aquatic

life" does not mean any herptiles that are found in the

Herptiles-Herps Act.

(Source: P.A. 98-752, eff. 1-1-15; 98-771, eff. 1-1-15; revised

10-2-14.)

(515 ILCS 5/15-155)

Sec. 15-155. Watercraft used as a primary collection device

for commercial fishes. Any person licensed as a commercial

fisherman who wishes to use his or her their watercraft as a

primary collection device for commercial fishes must first

obtain a commercial watercraft device tag. All watercraft used

as a primary collection device must be legally licensed by the

State and be in compliance with all Coast Guard boating

regulations. This Section does not apply to any person taking

Asian Carp by the aid of a boat for non-commercial purposes.

(Source: P.A. 98-336, eff. 1-1-14; revised 12-10-14.)

(515 ILCS 5/20-55) (from Ch. 56, par. 20-55)

Sec. 20-55. License fees for non-residents. Fees for

licenses for non-residents of the State of Illinois are as

follows:

(a) For sport fishing devices as defined by Section 10-95,

or spearing devices as defined in Section 10-110, non-residents

age 16 or older shall be charged $31 for a fishing license to

fish. For sport fishing devices as defined by Section 10-95, or

spearing devices as defined in Section 10-110, for a period not

to exceed 3 consecutive days fishing in the State of Illinois

the fee is $15.00.

For sport fishing devices as defined in Section 10-95, or

spearing devices as defined in Section 10-110, for 24 hours of

fishing the fee is $10. This license does not exempt the

licensee from the salmon or inland trout stamp requirement.

(b) All non-residents before using any commercial fishing

device shall obtain a non-resident commercial fishing license,

the fee for which shall be $300, and a non-resident fishing

license licensing. Each and every commercial device shall be

licensed by a non-resident commercial fisherman as follows:

(1) For each 100 lineal yards, or fraction thereof, of

seine (excluding minnow seines) the fee is $36.

(2) For each device to fish with a 100 hook trot line

device, basket trap, hoop net, or dip net the fee is $6.

(3) For each 100 lineal yards, or fraction thereof, of

trammel net the fee is $36.

(4) For each 100 lineal yards, or fraction thereof, of

gill net the fee is $36.

All persons required to have and failing to have the

license provided for in subsection (a) of this Section shall be

fined under Section 20-35 of this Code. Each person required to

have and failing to have the licenses required under subsection

(b) of this Section shall be guilty of a Class B misdemeanor.

All licenses provided for in this Section shall expire on

March 31 of each year; except that the 24-hour license for

sport fishing devices or spearing devices shall expire 24 hours

after the effective date and time listed on the face of the

license and licenses for sport fishing devices or spearing

devices for a period not to exceed 3 consecutive days fishing

in the State of Illinois as provided in subsection (a) of this

Section shall expire at midnight on the tenth day after issued,

not counting the day issued.

(Source: P.A. 96-831, eff. 1-1-10; 97-1136, eff. 1-1-13;

revised 12-10-14.)

Section 445. The Wildlife Code is amended by changing

Sections 2.2b, 2.5, and 3.1-9 as follows:

(520 ILCS 5/2.2b)

Sec. 2.2b. Imminent threat; nuisance permits.

(a) It shall not be illegal for an owner or tenant of land,

or his or her their designated agent, to immediately take on

his or her property a gray wolf, Canis lupus; American black

bear, Ursus americanus; or cougar, Puma concolor if, at any

time, the gray wolf, American black bear, or cougar is stalking

or , causing an imminent threat, or there is a reasonable

expectation that it causes an imminent threat of physical harm

or death to a human, livestock, or domestic animals or harm to

structures or other property on the owner's or tenant's land.

(b) The Department may grant a nuisance permit to the owner

or tenant of land, or his or her their designated agent, for

the taking of a gray wolf, American black bear, or cougar that

is causing a threat to an owner or tenant of land or his or her

property that is not an immediate threat under subsection (a)

of this Section.

(c) The Department shall adopt rules to implement this

Section.

(Source: P.A. 98-1033, eff. 1-1-15; revised 11-26-14.)

(520 ILCS 5/2.5)

Sec. 2.5. Crossbow conditions. A person may use a crossbow

if one or more of the following conditions are met:

(1) the user is a person age 62 and older;

(2) the user is a handicapped person to whom the

Director has issued a permit to use a crossbow, as provided

by administrative rule; or

(3) the date of using the crossbow is during the period

of the second Monday following the Thanksgiving holiday

through the last day of the archery deer hunting season

(both inclusive) set annually by the Director.

As used in this Section, "handicapped person" means a

person who has a physical impairment due to injury or disease,

congenital or acquired, which renders the person them so

severely disabled as to be unable to use a longbow, recurve

bow, or compound bow. Permits must be issued only after the

receipt of a physician's statement confirming the applicant is

handicapped as defined above.

(Source: P.A. 97-907, eff. 8-7-12; revised 12-10-14.)

(520 ILCS 5/3.1-9)

Sec. 3.1-9. Youth Hunting License. Any resident youth age

16 and under may apply to the Department for a Youth Hunting

License, which extends limited hunting privileges. The Youth

Hunting License shall be a renewable license that shall expire

on the March 31 following the date of issuance.

For youth age 16 and under, the Youth Hunting License shall

entitle the licensee to hunt while supervised by a parent,

grandparent, or guardian who is 21 years of age or older and

has a valid Illinois hunting license. Possession of a Youth

Hunting License shall serve in lieu of a valid hunting license,

but does not exempt the licensee from compliance with the

requirements of this Code and any rules adopted under this

Code.

A youth licensed under this Section shall not hunt or carry

a hunting device, including, but not limited to, a firearm, bow

and arrow, or crossbow unless the youth is accompanied by and

under the close personal supervision of a parent, grandparent,

or guardian who is 21 years of age or older and has a valid

Illinois hunting license.

At age 17 years or when the youth chooses to hunt by

himself or herself, he or she is themselves, they are required

to successfully complete a hunter safety course approved by the

Department prior to being able to obtain a full hunting license

and subsequently hunt by himself or herself themselves.

In order to be approved for the Youth Hunting License, the

applicant must request a Youth Hunting License from the

Department and submit a $7 fee, which shall be separate from

and additional to any other stamp, permit, tag, or license fee

that may be required for hunting under this Code. The

Department shall adopt rules for the administration of the

program, but shall not require any certificate of competency or

other hunting education as a condition of the Youth Hunting

License.

(Source: P.A. 98-620, eff. 1-7-14; revised 12-10-14.)

Section 450. The Railroad Police Act is amended by changing

Section 2 as follows:

(610 ILCS 80/2) (from Ch. 114, par. 98)

Sec. 2. Conductors of all railroad trains, and the captain

or master of any boat carrying passengers within the

jurisdiction of this State state, are is vested with police

powers while on duty on their respective trains and boats, and

may wear an appropriate badge indicative of this authority.

In the policing of its properties any registered rail

carrier, as defined in Section 18c-7201 of the Illinois Vehicle

Code, may provide for the appointment and maintenance of a

police force to aid and supplement the police forces of any

municipality in the protection of its property and the

protection of the persons and property of its passengers and

employees, or in furtherance of the purposes for which the

railroad was organized. While engaged in the conduct of their

employment, the members of the railroad police force have and

may exercise the same police powers conferred upon any peace

officer employed by a law enforcement agency of this State,

including the authority to issue administrative citations in

accordance with the provisions of county or municipal

ordinances.

Any registered rail carrier that appoints and maintains a

police force shall comply with the following requirements:

(1) Establish an internal policy that includes

procedures to ensure objective oversight in addressing

allegations of abuse of authority or other misconduct on

the part of its police officers.

(2) Adopt appropriate policies and guidelines for

employee investigations by police officers. These policies

and guidelines shall provide for initiating employee

investigations only under the following conditions:

(A) There is reason to believe criminal misconduct

has occurred.

(B) In response to an employee accident.

(C) There is reason to believe that the interview

of an employee could result in workplace violence.

(D) There is a legitimate concern for the personal

safety of one or more employees.

These policies and guidelines shall provide for the

right of an employee to request a representative to be

present during any interview concerning a non-criminal

matter.

(3) File copies of the policies and guidelines adopted

under paragraphs (1) and (2) with the Illinois Law

Enforcement Training Standards Board, which shall make

them available for public inspection. The Board shall

review the policies and guidelines, and approve them if

they comply with the Act.

(4) Appeal of a rail carrier's decision. A person

adversely affected or aggrieved by a decision of a rail

carrier's internal investigation under this Act may appeal

the decision to the Illinois State Police. The appeal shall

be filed no later than 90 days after the issuance of the

decision. The State Police shall review the depth,

completeness, and objectivity of the rail carrier's

investigation, and may conduct its own investigation of the

complaint. The State Police may uphold, overturn, or modify

the rail carrier's decision by filing a report of its

findings and recommendations with the Illinois Commerce

Commission. Consistent with authority under Chapter 18C of

the Illinois Vehicle Code and the Commission rules of

practice, the Commission shall have the power to conduct

evidentiary hearings, make findings, and issue and enforce

orders, including sanctions under Section 18c-1704 of the

Illinois Vehicle Code.

Rulemaking authority to implement this amendatory Act of

the 95th General Assembly, if any, is conditioned on the rules

being adopted in accordance with all provisions of the Illinois

Administrative Procedure Act and all rules and procedures of

the Joint Committee on Administrative Rules; any purported rule

not so adopted, for whatever reason, is unauthorized.

(Source: P.A. 98-791, eff. 7-25-14; revised 12-10-14.)

Section 455. The Rivers, Lakes, and Streams Act is amended

by changing Section 18j as follows:

(615 ILCS 5/18j)

Sec. 18j. ESDA critical facility evacuation plans. Any

critical facility that gives shelter to a person who would be

unable to evacuate without assistance during a flooding event,

and that is located in an area deemed by operation of law not

to be within the 100-year floodplain because the area in which

the critical facility is located lies within an area protected

by a federal levee and is located in a flood prevention

district established in accordance with the Flood Prevention

District Act shall develop an evacuation plan and certify to

the Emergency Services and Disaster Agency (ESDA), as defined

by Section 4 of the Illinois Emergency Management Agency Act,

on a form provided by the ESDA, that it has developed an

evacuation plan which the critical facility has or will

implement prior to or concurrent with occupancy of the facility

to evacuate persons who need assistance evacuating the facility

and the flooded area.

(Source: P.A. 96-1395, eff. 7-29-10; revised 12-10-14.)

Section 460. The Public-Private Agreements for the South

Suburban Airport Act is amended by changing Section 2-15 as

follows:

(620 ILCS 75/2-15)

Sec. 2-15. General airport powers.

(a) The Department has the power to plan, develop, secure

permits, licenses, and approvals for, acquire, develop,

construct, equip, own, and operate the South Suburban Airport.

The Department also has the power to own, operate, acquire

facilities for, construct, improve, repair, maintain,

renovate, and expand the South Suburban Airport, including any

facilities located on the site of the South Suburban Airport

for use by any individual or entity other than the Department.

The development of the South Suburban Airport shall also

include all land, highways, waterways, mass transit

facilities, and other infrastructure that, in the

determination of the Department, are necessary or appropriate

in connection with the development or operation of the South

Suburban Airport. The development of the South Suburban Airport

also includes acquisition and development of any land or

facilities for (i) relocation of persons, including providing

replacement housing or facilities for persons and entities

displaced by that development, (ii) protecting or reclaiming

the environment with respect to the South Suburban Airport,

(iii) providing substitute or replacement property or

facilities, including, without limitation, for areas of

recreation, conservation, open space, and wetlands, (iv)

providing navigational aids, or (v) utilities to serve the

airport, whether or not located on the site of the South

Suburban Airport.

(b) The Department shall have the authority to undertake

and complete all ongoing projects related to the South Suburban

Airport, including the South Suburban Airport Master Plan, and

assisting the Federal Aviation Administration in preparing and

approving the Environmental Impact Statement and Record of

Decision.

(c) The Department has the power to enter into all

contracts useful for carrying out its purposes and powers,

including, without limitation, public-private agreements

pursuant to the provisions of this Act, ; leases of any of its

property or facilities, use agreements with airlines or other

airport users relating to the South Suburban Airport,

agreements with South Suburban Airport concessionaires, and

franchise agreements for use of or access to South Suburban

Airport facilities.

(d) The Department has the power to apply to the proper

authorities of the United States, the State of Illinois, and

other governmental entities, as permitted or authorized by

applicable law, to obtain any licenses, approvals, or permits

reasonably necessary to achieve the purposes of this Act. All

applications to the Federal Aviation Administration, or any

successor agency, shall be made by the Department.

(e) The Department may take all steps consistent with

applicable laws to maximize funding for the costs of the South

Suburban Airport from grants by the Federal Aviation

Administration or any successor agency, or any other federal

governmental agency.

(f) The Department has the power to apply to the proper

authorities of the United States pursuant to appropriate law

for permission to establish, operate, maintain, and lease

foreign trade zones and sub-zones within the areas of the South

Suburban Airport and to establish, operate, maintain, and lease

foreign trade zones and sub-zones.

(g) The Department may publicize, advertise, and promote

the activities of the South Suburban Airport, including, to

make known the advantages, facilities, resources, products,

attractions, and attributes of the South Suburban Airport.

(h) The Department may, at any time, acquire any land, any

interests in land, other property, and interests in property

needed for the South Suburban Airport or necessary to carry out

the Department's powers and functions under this Act, including

by exercise of the power of eminent domain pursuant to Section

2-100 of this Act. The Department shall also have the power to

dispose of any such lands, interests, and property upon terms

it deems appropriate.

(i) The Department may adopt any reasonable rules for the

administration of this Act in accordance with the Illinois

Administrative Procedure Act.

(Source: P.A. 98-109, eff. 7-25-13; revised 12-10-14.)

Section 465. The Illinois Vehicle Code is amended by

changing Sections 3-102, 3-109, 3-400, 3-413, 3-701, 5-101,

5-102, 6-113, 7-311, 11-601, 11-709.2, 12-215, and 15-111 and

the heading of Chapter 11 of Article V as follows:

(625 ILCS 5/3-102) (from Ch. 95 1/2, par. 3-102)

Sec. 3-102. Exclusions. No certificate of title need be

obtained for:

1. a A vehicle owned by the State of Illinois; or a

vehicle owned by the United States unless it is registered

in this State;

2. a A vehicle owned by a manufacturer or dealer and

held for sale, even though incidentally moved on the

highway or used for purposes of testing or demonstration,

provided a dealer reassignment area is still available on

the manufacturer's certificate of origin or the Illinois

title; or a vehicle used by a manufacturer solely for

testing;

3. a A vehicle owned by a non-resident of this State

and not required by law to be registered in this State;

4. a A motor vehicle regularly engaged in the

interstate transportation of persons or property for which

a currently effective certificate of title has been issued

in another State;

5. a A vehicle moved solely by animal power;

6. an An implement of husbandry;

7. special Special mobile equipment;

8. an An apportionable trailer or an apportionable

semitrailer registered in the State prior to April 1,

1998; .

9. a A manufactured home for which an affidavit of

affixation has been recorded pursuant to the Conveyance and

Encumbrance of Manufactured Homes as Real Property and

Severance Act unless with respect to the same manufactured

home there has been recorded an affidavit of severance

pursuant to that Act.

(Source: P.A. 98-749, eff. 7-16-14; revised 12-10-14.)

(625 ILCS 5/3-109) (from Ch. 95 1/2, par. 3-109)

Sec. 3-109. Registration without certificate of title;

bond. If the Secretary of State is not satisfied as to the

ownership of the vehicle, including, but not limited to, in the

case of a manufactured home, a circumstance in which the

manufactured home is covered by a Manufacturer's Statement of

Origin that the owner of the manufactured home, after diligent

search and inquiry, is unable to produce, or that there are no

undisclosed security interests in it, the Secretary of State

may register the vehicle but shall:

(a) Withhold issuance of a certificate of title until

the applicant presents documents reasonably sufficient to

satisfy the Secretary of State as to the applicant's

ownership of the vehicle and that there are no undisclosed

security interests in it;

(b) As a condition of issuing a certificate of title,

require the applicant to file with the Secretary of State a

bond in the form prescribed by the Secretary of State and

executed by the applicant, and either accompanied by the

deposit of cash with the Secretary of State or also

executed by a person authorized to conduct a surety

business in this State. The bond shall be in an amount

equal to one and one-half times the value of the vehicle as

determined by the Secretary of State and conditioned to

indemnify any prior owner and lienholder and any subsequent

purchaser of the vehicle or person acquiring any security

interest in it, and their respective successors in

interest, against any expense, loss or damage, including

reasonable attorney's fees, by reason of the issuance of

the certificate of title of the vehicle or on account of

any defect in or undisclosed security interest upon the

right, title and interest of the applicant in and to the

vehicle. Any such interested person has a right of action

to recover on the bond for any breach of its conditions,

but the aggregate liability of the surety to all persons

shall not exceed the amount of the bond. The bond, and any

deposit accompanying it, shall be returned at the end of 3

three (3) years or prior thereto if (i) the vehicle is no

longer registered in this State and the currently valid

certificate of title is surrendered to the Secretary of

State or (ii), in the case of a certificate of title to a

manufactured home, the currently valid certificate of

title is surrendered to the Secretary of State in

accordance with Section 3-116.2; , unless the Secretary of

State has been notified of the pendency of an action to

recover on the bond; or

(b-5) Require the applicant to file with the Secretary

of State an application for a provisional title in the form

prescribed by the Secretary and executed by the applicant,

and accompanied by a $50 fee to be deposited in the

CDLIS/AAMVAnet/NMVTIS Trust Fund. The Secretary shall

designate by rule the documentation acceptable for an

individual to apply for a provisional title. A provisional

title shall be valid for 3 years and is nontransferable for

the 3-year period. A provisional title shall be clearly

marked and otherwise distinguished from a certificate of

title. Three years after the issuance of a provisional

title, the provisional title holder shall apply for the

appropriate transferrable title in the applicant's name.

If a claim of ownership for the vehicle is brought against

a holder of a provisional title, then the provisional title

holder shall apply for a bond under subsection (b) of this

Section for the amount of time remaining on the provisional

title. A provisional title holder or an individual who

asserts a claim to the motor vehicle may petition a circuit

court of competent jurisdiction for an order to determine

the ownership of the vehicle. A provisional title shall not

be available to individuals or entities that rebuild,

repair, store, or tow vehicles or have a claim against the

vehicle under the Labor and Storage Lien Act or the Labor

and Storage Lien (Small Amount) Act.

Security deposited as a bond hereunder shall be placed

by the Secretary of State in the custody of the State

Treasurer.

(c) During July, annually, the Secretary shall compile a

list of all bonds on deposit, pursuant to this Section, for

more than 3 years and concerning which he has received no

notice as to the pendency of any judicial proceeding that could

affect the disposition thereof. Thereupon, he shall promptly

send a notice by certified mail to the last known address of

each depositor advising him that his bond will be subject to

escheat to the State of Illinois if not claimed within 30 days

after the mailing date of such notice. At the expiration of

such time, the Secretary of State shall file with the State

Treasurer an order directing the transfer of such deposit to

the Road Fund in the State Treasury. Upon receipt of such

order, the State Treasurer shall make such transfer, after

converting to cash any other type of security. Thereafter any

person having a legal claim against such deposit may enforce it

by appropriate proceedings in the Court of Claims subject to

the limitations prescribed for such Court. At the expiration of

such limitation period such deposit shall escheat to the State

of Illinois.

(Source: P.A. 98-749, eff. 7-16-14; 98-777, eff. 1-1-15;

revised 10-2-14.)

(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)

Sec. 3-400. Definitions. Notwithstanding the definitions

definition set forth in Chapter 1 of this Act, for the purposes

of this Article, the following words shall have the meaning

ascribed to them as follows:

"Apportionable Fee" means any periodic recurring fee

required for licensing or registering vehicles, such as, but

not limited to, registration fees, license or weight fees.

"Apportionable Vehicle" means any vehicle, except

recreational vehicles, vehicles displaying restricted plates,

city pickup and delivery vehicles, buses used in transportation

of chartered parties, and government owned vehicles that are

used or intended for use in 2 or more member jurisdictions that

allocate or proportionally register vehicles, in a fleet which

is used for the transportation of persons for hire or the

transportation of property and which has a gross vehicle weight

in excess of 26,000 pounds; or has three or more axles

regardless of weight; or is used in combination when the weight

of such combination exceeds 26,000 pounds gross vehicle weight.

Vehicles, or combinations having a gross vehicle weight of

26,000 pounds or less and two-axle vehicles may be

proportionally registered at the option of such owner.

"Base Jurisdiction" means, for purposes of fleet

registration, the jurisdiction where the registrant has an

established place of business, where operational records of the

fleet are maintained and where mileage is accrued by the fleet.

In case a registrant operates more than one fleet, and

maintains records for each fleet in different places, the "base

jurisdiction" for a fleet shall be the jurisdiction where an

established place of business is maintained, where records of

the operation of that fleet are maintained and where mileage is

accrued by that fleet.

"Operational Records" means documents supporting miles

traveled in each jurisdiction and total miles traveled, such as

fuel reports, trip leases, and logs.

"Owner" means a Owner. A person who holds legal title of a

motor vehicle, or in the event a motor vehicle is the subject

of an agreement for the conditional sale or lease thereof with

the right of purchase upon performance of the conditions stated

in the agreement and with an immediate right of possession

vested in the conditional vendee or lessee with right of

purchase, or in the event a mortgagor of such motor vehicle is

entitled to possession, or in the event a lessee of such motor

vehicle is entitled to possession or control, then such

conditional vendee or lessee with right of purchase or

mortgagor or lessee is considered to be the owner for the

purpose of this Act.

"Registration plate cover" means any tinted, colored,

painted, marked, clear, or illuminated object that is designed

to (i) cover any of the characters of a motor vehicle's

registration plate; or (ii) distort a recorded image of any of

the characters of a motor vehicle's registration plate recorded

by an automated enforcement system as defined in Section

11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an

automated traffic control system as defined in Section 15 of

the Automated Traffic Control Systems in Highway Construction

or Maintenance Zones Act.

"Rental Owner" means an owner principally engaged, with

respect to one or more rental fleets, in renting to others or

offering for rental the vehicles of such fleets, without

drivers.

"Restricted Plates" shall include, but is are not limited

to, dealer, manufacturer, transporter, farm, repossessor, and

permanently mounted type plates. Vehicles displaying any of

these type plates from a foreign jurisdiction that is a member

of the International Registration Plan shall be granted

reciprocity but shall be subject to the same limitations as

similar plated Illinois registered vehicles.

(Source: P.A. 97-743, eff. 1-1-13; 98-463, eff. 8-16-13;

revised 2-7-15.)

(625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)

Sec. 3-413. Display of registration plates, registration

stickers, and drive-away permits; registration plate covers.

(a) Registration plates issued for a motor vehicle other

than a motorcycle, autocycle, trailer, semitrailer,

truck-tractor, apportioned bus, or apportioned truck shall be

attached thereto, one in the front and one in the rear. The

registration plate issued for a motorcycle, autocycle, trailer

or semitrailer required to be registered hereunder and any

apportionment plate issued to a bus under the provisions of

this Code shall be attached to the rear thereof. The

registration plate issued for a truck-tractor or an apportioned

truck required to be registered hereunder shall be attached to

the front thereof.

(b) Every registration plate shall at all times be securely

fastened in a horizontal position to the vehicle for which it

is issued so as to prevent the plate from swinging and at a

height of not less than 5 inches from the ground, measuring

from the bottom of such plate, in a place and position to be

clearly visible and shall be maintained in a condition to be

clearly legible, free from any materials that would obstruct

the visibility of the plate. A registration plate on a

motorcycle may be mounted vertically as long as it is otherwise

clearly visible. Registration stickers issued as evidence of

renewed annual registration shall be attached to registration

plates as required by the Secretary of State, and be clearly

visible at all times.

(c) Every drive-away permit issued pursuant to this Code

shall be firmly attached to the motor vehicle in the manner

prescribed by the Secretary of State. If a drive-away permit is

affixed to a motor vehicle in any other manner the permit shall

be void and of no effect.

(d) The Illinois prorate decal issued to a foreign

registered vehicle part of a fleet prorated or apportioned with

Illinois, shall be displayed on a registration plate and

displayed on the front of such vehicle in the same manner as an

Illinois registration plate.

(e) The registration plate issued for a camper body mounted

on a truck displaying registration plates shall be attached to

the rear of the camper body.

(f) No person shall operate a vehicle, nor permit the

operation of a vehicle, upon which is displayed an Illinois

registration plate, plates or registration stickers, except as

provided for in subsection (b) of Section 3-701 of this Code,

after the termination of the registration period for which

issued or after the expiration date set pursuant to Sections

3-414 and 3-414.1 of this Code.

(g) A person may not operate any motor vehicle that is

equipped with registration plate covers. A violation of this

subsection (g) or a similar provision of a local ordinance is

an offense against laws and ordinances regulating the movement

of traffic.

(h) A person may not sell or offer for sale a registration

plate cover. A violation of this subsection (h) is a business

offense.

(i) A person may not advertise for the purpose of promoting

the sale of registration plate covers. A violation of this

subsection (i) is a business offense.

(j) A person may not modify the original manufacturer's

mounting location of the rear registration plate on any vehicle

so as to conceal the registration or to knowingly cause it to

be obstructed in an effort to hinder a peace officer from

obtaining the registration for the enforcement of a violation

of this Code, Section 27.1 of the Toll Highway Act concerning

toll evasion, or any municipal ordinance. Modifications

prohibited by this subsection (j) include but are not limited

to the use of an electronic device. A violation of this

subsection (j) is a Class A misdemeanor.

(Source: P.A. 97-743, eff. 1-1-13; 98-777, eff. 1-1-15;

98-1103, eff. 1-1-15; revised 10-1-14.)

(625 ILCS 5/3-701) (from Ch. 95 1/2, par. 3-701)

Sec. 3-701. Operation of vehicles without evidence of

registration - Operation under mileage plates when odometer

broken or disconnected.

(a) No person shall operate, nor shall an owner knowingly

permit to be operated, except as provided in subsection (b) of

this Section, a vehicle upon any highway unless there shall be

attached thereto and displayed thereon when and as required by

law, proper evidence of registration in Illinois, as follows:

(1) A vehicle required to be registered in Illinois. A

current and valid Illinois registration sticker or

stickers and plate or plates, or an Illinois temporary

registration permit, or a drive-away or in-transit permit,

issued therefor by the Secretary of State. ; or

(2) A vehicle eligible for Reciprocity. A current and

valid reciprocal foreign registration plate or plates

properly issued to such vehicle or a temporary registration

issued therefor, by the reciprocal State, and, in addition,

when required by the Secretary, a current and valid

Illinois Reciprocity Permit or Prorate Decal issued

therefor by the Secretary of State; or except as otherwise

expressly provided for in this Chapter.

(3) A vehicle commuting for repairs in Illinois. A

dealer plate issued by a foreign state shall exempt a

vehicle from the requirements of this Section if the

vehicle is being operated for the purpose of transport to a

repair facility in Illinois to have repairs performed on

the vehicle displaying foreign dealer plates. The driver of

the motor vehicle bearing dealer plates shall provide a

work order or contract with the repair facility to a law

enforcement officer upon request.

(b) A person may operate or permit operation of a vehicle

upon any highway a vehicle that has been properly registered

but does not display a current and valid Illinois registration

sticker if he or she has proof, in the form of a printed

receipt from the Secretary, that he or she registered the

vehicle before the previous registration's expiration but has

not received a new registration sticker from the Secretary.

This printed proof of registration is valid for 30 days from

the expiration of the previous registration sticker's date.

(c) No person shall operate, nor shall any owner knowingly

permit to be operated, any vehicle of the second division for

which the owner has made an election to pay the mileage tax in

lieu of the annual flat weight tax, at any time when the

odometer of such vehicle is broken or disconnected, or is

inoperable or not operating.

(Source: P.A. 98-971, eff. 1-1-15; 98-1103, eff. 1-1-15;

revised 10-3-14.)

(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)

Sec. 5-101. New vehicle dealers must be licensed.

(a) No person shall engage in this State in the business of

selling or dealing in, on consignment or otherwise, new

vehicles of any make, or act as an intermediary or agent or

broker for any licensed dealer or vehicle purchaser other than

as a salesperson, or represent or advertise that he is so

engaged or intends to so engage in such business unless

licensed to do so in writing by the Secretary of State under

the provisions of this Section.

(b) An application for a new vehicle dealer's license shall

be filed with the Secretary of State, duly verified by oath, on

such form as the Secretary of State may by rule or regulation

prescribe and shall contain:

1. The name and type of business organization of the

applicant and his established and additional places of

business, if any, in this State.

2. If the applicant is a corporation, a list of its

officers, directors, and shareholders having a ten percent

or greater ownership interest in the corporation, setting

forth the residence address of each; if the applicant is a

sole proprietorship, a partnership, an unincorporated

association, a trust, or any similar form of business

organization, the name and residence address of the

proprietor or of each partner, member, officer, director,

trustee, or manager.

3. The make or makes of new vehicles which the

applicant will offer for sale at retail in this State.

4. The name of each manufacturer or franchised

distributor, if any, of new vehicles with whom the

applicant has contracted for the sale of such new vehicles.

As evidence of this fact, the application shall be

accompanied by a signed statement from each such

manufacturer or franchised distributor. If the applicant

is in the business of offering for sale new conversion

vehicles, trucks or vans, except for trucks modified to

serve a special purpose which includes but is not limited

to the following vehicles: street sweepers, fertilizer

spreaders, emergency vehicles, implements of husbandry or

maintenance type vehicles, he must furnish evidence of a

sales and service agreement from both the chassis

manufacturer and second stage manufacturer.

5. A statement that the applicant has been approved for

registration under the Retailers' Occupation Tax Act by the

Department of Revenue: Provided that this requirement does

not apply to a dealer who is already licensed hereunder

with the Secretary of State, and who is merely applying for

a renewal of his license. As evidence of this fact, the

application shall be accompanied by a certification from

the Department of Revenue showing that that Department has

approved the applicant for registration under the

Retailers' Occupation Tax Act.

6. A statement that the applicant has complied with the

appropriate liability insurance requirement. A Certificate

of Insurance in a solvent company authorized to do business

in the State of Illinois shall be included with each

application covering each location at which he proposes to

act as a new vehicle dealer. The policy must provide

liability coverage in the minimum amounts of $100,000 for

bodily injury to, or death of, any person, $300,000 for

bodily injury to, or death of, two or more persons in any

one accident, and $50,000 for damage to property. Such

policy shall expire not sooner than December 31 of the year

for which the license was issued or renewed. The expiration

of the insurance policy shall not terminate the liability

under the policy arising during the period for which the

policy was filed. Trailer and mobile home dealers are

exempt from this requirement.

If the permitted user has a liability insurance policy

that provides automobile liability insurance coverage of

at least $100,000 for bodily injury to or the death of any

person, $300,000 for bodily injury to or the death of any 2

or more persons in any one accident, and $50,000 for damage

to property, then the permitted user's insurer shall be the

primary insurer and the dealer's insurer shall be the

secondary insurer. If the permitted user does not have a

liability insurance policy that provides automobile

liability insurance coverage of at least $100,000 for

bodily injury to or the death of any person, $300,000 for

bodily injury to or the death of any 2 or more persons in

any one accident, and $50,000 for damage to property, or

does not have any insurance at all, then the dealer's

insurer shall be the primary insurer and the permitted

user's insurer shall be the secondary insurer.

When a permitted user is "test driving" a new vehicle

dealer's automobile, the new vehicle dealer's insurance

shall be primary and the permitted user's insurance shall

be secondary.

As used in this paragraph 6, a "permitted user" is a

person who, with the permission of the new vehicle dealer

or an employee of the new vehicle dealer, drives a vehicle

owned and held for sale or lease by the new vehicle dealer

which the person is considering to purchase or lease, in

order to evaluate the performance, reliability, or

condition of the vehicle. The term "permitted user" also

includes a person who, with the permission of the new

vehicle dealer, drives a vehicle owned or held for sale or

lease by the new vehicle dealer for loaner purposes while

the user's vehicle is being repaired or evaluated.

As used in this paragraph 6, "test driving" occurs when

a permitted user who, with the permission of the new

vehicle dealer or an employee of the new vehicle dealer,

drives a vehicle owned and held for sale or lease by a new

vehicle dealer that the person is considering to purchase

or lease, in order to evaluate the performance,

reliability, or condition of the vehicle.

As used in this paragraph 6, "loaner purposes" means

when a person who, with the permission of the new vehicle

dealer, drives a vehicle owned or held for sale or lease by

the new vehicle dealer while the user's vehicle is being

repaired or evaluated.

7. (A) An application for a new motor vehicle dealer's

license shall be accompanied by the following license fees:

(i) $1,000 for applicant's established place of

business, and $100 for each additional place of

business, if any, to which the application pertains;

but if the application is made after June 15 of any

year, the license fee shall be $500 for applicant's

established place of business plus $50 for each

additional place of business, if any, to which the

application pertains. License fees shall be returnable

only in the event that the application is denied by the

Secretary of State. All moneys received by the

Secretary of State as license fees under this

subparagraph (i) prior to applications for the 2004

licensing year shall be deposited into the Motor

Vehicle Review Board Fund and shall be used to

administer the Motor Vehicle Review Board under the

Motor Vehicle Franchise Act. Of the money received by

the Secretary of State as license fees under this

subparagraph (i) for the 2004 licensing year and

thereafter, 10% shall be deposited into the Motor

Vehicle Review Board Fund and shall be used to

administer the Motor Vehicle Review Board under the

Motor Vehicle Franchise Act and 90% shall be deposited

into the General Revenue Fund.

(ii) Except for dealers selling 25 or fewer

automobiles or as provided in subsection (h) of Section

5-102.7 of this Code, an Annual Dealer Recovery Fund

Fee in the amount of $500 for the applicant's

established place of business, and $50 for each

additional place of business, if any, to which the

application pertains; but if the application is made

after June 15 of any year, the fee shall be $250 for

the applicant's established place of business plus $25

for each additional place of business, if any, to which

the application pertains. For a license renewal

application, the fee shall be based on the amount of

automobiles sold in the past year according to the

following formula:

(1) $0 for dealers selling 25 or less

automobiles;

(2) $150 for dealers selling more than 25 but

less than 200 automobiles;

(3) $300 for dealers selling 200 or more

automobiles but less than 300 automobiles; and

(4) $500 for dealers selling 300 or more

automobiles.

License fees shall be returnable only in the event

that the application is denied by the Secretary of

State. Moneys received under this subparagraph (ii)

shall be deposited into the Dealer Recovery Trust Fund.

(B) An application for a new vehicle dealer's license,

other than for a new motor vehicle dealer's license, shall

be accompanied by the following license fees:

(i) $1,000 for applicant's established place of

business, and $50 for each additional place of

business, if any, to which the application pertains;

but if the application is made after June 15 of any

year, the license fee shall be $500 for applicant's

established place of business plus $25 for each

additional place of business, if any, to which the

application pertains. License fees shall be returnable

only in the event that the application is denied by the

Secretary of State. Of the money received by the

Secretary of State as license fees under this

subparagraph (i) for the 2004 licensing year and

thereafter, 95% shall be deposited into the General

Revenue Fund.

(ii) Except as provided in subsection (h) of

Section 5-102.7 of this Code, an Annual Dealer Recovery

Fund Fee in the amount of $500 for the applicant's

established place of business, and $50 for each

additional place of business, if any, to which the

application pertains; but if the application is made

after June 15 of any year, the fee shall be $250 for

the applicant's established place of business plus $25

for each additional place of business, if any, to which

the application pertains. License fees shall be

returnable only in the event that the application is

denied by the Secretary of State. Moneys received under

this subparagraph (ii) shall be deposited into the

Dealer Recovery Trust Fund.

8. A statement that the applicant's officers,

directors, shareholders having a 10% or greater ownership

interest therein, proprietor, a partner, member, officer,

director, trustee, manager or other principals in the

business have not committed in the past 3 years any one

violation as determined in any civil, criminal or

administrative proceedings of any one of the following

Acts:

(A) The Anti-Theft Anti Theft Laws of the Illinois

Vehicle Code;

(B) The Certificate of Title Laws of the Illinois

Vehicle Code;

(C) The Offenses against Registration and

Certificates of Title Laws of the Illinois Vehicle

Code;

(D) The Dealers, Transporters, Wreckers and

Rebuilders Laws of the Illinois Vehicle Code;

(E) Section 21-2 of the Criminal Code of 1961 or

the Criminal Code of 2012, Criminal Trespass to

Vehicles; or

(F) The Retailers' Occupation Tax Act.

9. A statement that the applicant's officers,

directors, shareholders having a 10% or greater ownership

interest therein, proprietor, partner, member, officer,

director, trustee, manager or other principals in the

business have not committed in any calendar year 3 or more

violations, as determined in any civil, criminal or

administrative proceedings, of any one or more of the

following Acts:

(A) The Consumer Finance Act;

(B) The Consumer Installment Loan Act;

(C) The Retail Installment Sales Act;

(D) The Motor Vehicle Retail Installment Sales

Act;

(E) The Interest Act;

(F) The Illinois Wage Assignment Act;

(G) Part 8 of Article XII of the Code of Civil

Procedure; or

(H) The Consumer Fraud Act.

10. A bond or certificate of deposit in the amount of

$20,000 for each location at which the applicant intends to

act as a new vehicle dealer. The bond shall be for the term

of the license, or its renewal, for which application is

made, and shall expire not sooner than December 31 of the

year for which the license was issued or renewed. The bond

shall run to the People of the State of Illinois, with

surety by a bonding or insurance company authorized to do

business in this State. It shall be conditioned upon the

proper transmittal of all title and registration fees and

taxes (excluding taxes under the Retailers' Occupation Tax

Act) accepted by the applicant as a new vehicle dealer.

11. Such other information concerning the business of

the applicant as the Secretary of State may by rule or

regulation prescribe.

12. A statement that the applicant understands Chapter

1 One through Chapter 5 Five of this Code.

(c) Any change which renders no longer accurate any

information contained in any application for a new vehicle

dealer's license shall be amended within 30 days after the

occurrence of such change on such form as the Secretary of

State may prescribe by rule or regulation, accompanied by an

amendatory fee of $2.

(d) Anything in this Chapter 5 to the contrary

notwithstanding no person shall be licensed as a new vehicle

dealer unless:

1. He is authorized by contract in writing between

himself and the manufacturer or franchised distributor of

such make of vehicle to so sell the same in this State, and

2. Such person shall maintain an established place of

business as defined in this Act.

(e) The Secretary of State shall, within a reasonable time

after receipt, examine an application submitted to him under

this Section and unless he makes a determination that the

application submitted to him does not conform with the

requirements of this Section or that grounds exist for a denial

of the application, under Section 5-501 of this Chapter, grant

the applicant an original new vehicle dealer's license in

writing for his established place of business and a

supplemental license in writing for each additional place of

business in such form as he may prescribe by rule or regulation

which shall include the following:

1. The name of the person licensed;

2. If a corporation, the name and address of its

officers or if a sole proprietorship, a partnership, an

unincorporated association or any similar form of business

organization, the name and address of the proprietor or of

each partner, member, officer, director, trustee or

manager;

3. In the case of an original license, the established

place of business of the licensee;

4. In the case of a supplemental license, the

established place of business of the licensee and the

additional place of business to which such supplemental

license pertains;

5. The make or makes of new vehicles which the licensee

is licensed to sell.

(f) The appropriate instrument evidencing the license or a

certified copy thereof, provided by the Secretary of State,

shall be kept posted conspicuously in the established place of

business of the licensee and in each additional place of

business, if any, maintained by such licensee.

(g) Except as provided in subsection (h) hereof, all new

vehicle dealer's licenses granted under this Section shall

expire by operation of law on December 31 of the calendar year

for which they are granted unless sooner revoked or cancelled

under the provisions of Section 5-501 of this Chapter.

(h) A new vehicle dealer's license may be renewed upon

application and payment of the fee required herein, and

submission of proof of coverage under an approved bond under

the "Retailers' Occupation Tax Act" or proof that applicant is

not subject to such bonding requirements, as in the case of an

original license, but in case an application for the renewal of

an effective license is made during the month of December, the

effective license shall remain in force until the application

is granted or denied by the Secretary of State.

(i) All persons licensed as a new vehicle dealer are

required to furnish each purchaser of a motor vehicle:

1. In the case of a new vehicle a manufacturer's

statement of origin and in the case of a used motor vehicle

a certificate of title, in either case properly assigned to

the purchaser;

2. A statement verified under oath that all identifying

numbers on the vehicle agree with those on the certificate

of title or manufacturer's statement of origin;

3. A bill of sale properly executed on behalf of such

person;

4. A copy of the Uniform Invoice-transaction reporting

return referred to in Section 5-402 hereof;

5. In the case of a rebuilt vehicle, a copy of the

Disclosure of Rebuilt Vehicle Status; and

6. In the case of a vehicle for which the warranty has

been reinstated, a copy of the warranty.

(j) Except at the time of sale or repossession of the

vehicle, no person licensed as a new vehicle dealer may issue

any other person a newly created key to a vehicle unless the

new vehicle dealer makes a copy of the driver's license or

State identification card of the person requesting or obtaining

the newly created key. The new vehicle dealer must retain the

copy for 30 days.

A new vehicle dealer who violates this subsection (j) is

guilty of a petty offense. Violation of this subsection (j) is

not cause to suspend, revoke, cancel, or deny renewal of the

new vehicle dealer's license.

This amendatory Act of 1983 shall be applicable to the 1984

registration year and thereafter.

(Source: P.A. 97-480, eff. 10-1-11; 97-1150, eff. 1-25-13;

98-450, eff. 1-1-14; revised 12-10-14.)

(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)

Sec. 5-102. Used vehicle dealers must be licensed.

(a) No person, other than a licensed new vehicle dealer,

shall engage in the business of selling or dealing in, on

consignment or otherwise, 5 or more used vehicles of any make

during the year (except house trailers as authorized by

paragraph (j) of this Section and rebuilt salvage vehicles sold

by their rebuilders to persons licensed under this Chapter), or

act as an intermediary, agent or broker for any licensed dealer

or vehicle purchaser (other than as a salesperson) or represent

or advertise that he is so engaged or intends to so engage in

such business unless licensed to do so by the Secretary of

State under the provisions of this Section.

(b) An application for a used vehicle dealer's license

shall be filed with the Secretary of State, duly verified by

oath, in such form as the Secretary of State may by rule or

regulation prescribe and shall contain:

1. The name and type of business organization

established and additional places of business, if any, in

this State.

2. If the applicant is a corporation, a list of its

officers, directors, and shareholders having a ten percent

or greater ownership interest in the corporation, setting

forth the residence address of each; if the applicant is a

sole proprietorship, a partnership, an unincorporated

association, a trust, or any similar form of business

organization, the names and residence address of the

proprietor or of each partner, member, officer, director,

trustee or manager.

3. A statement that the applicant has been approved for

registration under the Retailers' Occupation Tax Act by the

Department of Revenue. However, this requirement does not

apply to a dealer who is already licensed hereunder with

the Secretary of State, and who is merely applying for a

renewal of his license. As evidence of this fact, the

application shall be accompanied by a certification from

the Department of Revenue showing that the Department has

approved the applicant for registration under the

Retailers' Occupation Tax Act.

4. A statement that the applicant has complied with the

appropriate liability insurance requirement. A Certificate

of Insurance in a solvent company authorized to do business

in the State of Illinois shall be included with each

application covering each location at which he proposes to

act as a used vehicle dealer. The policy must provide

liability coverage in the minimum amounts of $100,000 for

bodily injury to, or death of, any person, $300,000 for

bodily injury to, or death of, two or more persons in any

one accident, and $50,000 for damage to property. Such

policy shall expire not sooner than December 31 of the year

for which the license was issued or renewed. The expiration

of the insurance policy shall not terminate the liability

under the policy arising during the period for which the

policy was filed. Trailer and mobile home dealers are

exempt from this requirement.

If the permitted user has a liability insurance policy

that provides automobile liability insurance coverage of

at least $100,000 for bodily injury to or the death of any

person, $300,000 for bodily injury to or the death of any 2

or more persons in any one accident, and $50,000 for damage

to property, then the permitted user's insurer shall be the

primary insurer and the dealer's insurer shall be the

secondary insurer. If the permitted user does not have a

liability insurance policy that provides automobile

liability insurance coverage of at least $100,000 for

bodily injury to or the death of any person, $300,000 for

bodily injury to or the death of any 2 or more persons in

any one accident, and $50,000 for damage to property, or

does not have any insurance at all, then the dealer's

insurer shall be the primary insurer and the permitted

user's insurer shall be the secondary insurer.

When a permitted user is "test driving" a used vehicle

dealer's automobile, the used vehicle dealer's insurance

shall be primary and the permitted user's insurance shall

be secondary.

As used in this paragraph 4, a "permitted user" is a

person who, with the permission of the used vehicle dealer

or an employee of the used vehicle dealer, drives a vehicle

owned and held for sale or lease by the used vehicle dealer

which the person is considering to purchase or lease, in

order to evaluate the performance, reliability, or

condition of the vehicle. The term "permitted user" also

includes a person who, with the permission of the used

vehicle dealer, drives a vehicle owned or held for sale or

lease by the used vehicle dealer for loaner purposes while

the user's vehicle is being repaired or evaluated.

As used in this paragraph 4, "test driving" occurs when

a permitted user who, with the permission of the used

vehicle dealer or an employee of the used vehicle dealer,

drives a vehicle owned and held for sale or lease by a used

vehicle dealer that the person is considering to purchase

or lease, in order to evaluate the performance,

reliability, or condition of the vehicle.

As used in this paragraph 4, "loaner purposes" means

when a person who, with the permission of the used vehicle

dealer, drives a vehicle owned or held for sale or lease by

the used vehicle dealer while the user's vehicle is being

repaired or evaluated.

5. An application for a used vehicle dealer's license

shall be accompanied by the following license fees:

(A) $1,000 for applicant's established place of

business, and $50 for each additional place of

business, if any, to which the application pertains;

however, if the application is made after June 15 of

any year, the license fee shall be $500 for applicant's

established place of business plus $25 for each

additional place of business, if any, to which the

application pertains. License fees shall be returnable

only in the event that the application is denied by the

Secretary of State. Of the money received by the

Secretary of State as license fees under this

subparagraph (A) for the 2004 licensing year and

thereafter, 95% shall be deposited into the General

Revenue Fund.

(B) Except for dealers selling 25 or fewer

automobiles or as provided in subsection (h) of Section

5-102.7 of this Code, an Annual Dealer Recovery Fund

Fee in the amount of $500 for the applicant's

established place of business, and $50 for each

additional place of business, if any, to which the

application pertains; but if the application is made

after June 15 of any year, the fee shall be $250 for

the applicant's established place of business plus $25

for each additional place of business, if any, to which

the application pertains. For a license renewal

application, the fee shall be based on the amount of

automobiles sold in the past year according to the

following formula:

(1) $0 for dealers selling 25 or less

automobiles;

(2) $150 for dealers selling more than 25 but

less than 200 automobiles;

(3) $300 for dealers selling 200 or more

automobiles but less than 300 automobiles; and

(4) $500 for dealers selling 300 or more

automobiles.

License fees shall be returnable only in the event

that the application is denied by the Secretary of

State. Moneys received under this subparagraph (B)

shall be deposited into the Dealer Recovery Trust Fund.

6. A statement that the applicant's officers,

directors, shareholders having a 10% or greater ownership

interest therein, proprietor, partner, member, officer,

director, trustee, manager or other principals in the

business have not committed in the past 3 years any one

violation as determined in any civil, criminal or

administrative proceedings of any one of the following

Acts:

(A) The Anti-Theft Anti Theft Laws of the Illinois

Vehicle Code;

(B) The Certificate of Title Laws of the Illinois

Vehicle Code;

(C) The Offenses against Registration and

Certificates of Title Laws of the Illinois Vehicle

Code;

(D) The Dealers, Transporters, Wreckers and

Rebuilders Laws of the Illinois Vehicle Code;

(E) Section 21-2 of the Illinois Criminal Code of

1961 or the Criminal Code of 2012, Criminal Trespass to

Vehicles; or

(F) The Retailers' Occupation Tax Act.

7. A statement that the applicant's officers,

directors, shareholders having a 10% or greater ownership

interest therein, proprietor, partner, member, officer,

director, trustee, manager or other principals in the

business have not committed in any calendar year 3 or more

violations, as determined in any civil or criminal or

administrative proceedings, of any one or more of the

following Acts:

(A) The Consumer Finance Act;

(B) The Consumer Installment Loan Act;

(C) The Retail Installment Sales Act;

(D) The Motor Vehicle Retail Installment Sales

Act;

(E) The Interest Act;

(F) The Illinois Wage Assignment Act;

(G) Part 8 of Article XII of the Code of Civil

Procedure; or

(H) The Consumer Fraud Act.

8. A bond or Certificate of Deposit in the amount of

$20,000 for each location at which the applicant intends to

act as a used vehicle dealer. The bond shall be for the

term of the license, or its renewal, for which application

is made, and shall expire not sooner than December 31 of

the year for which the license was issued or renewed. The

bond shall run to the People of the State of Illinois, with

surety by a bonding or insurance company authorized to do

business in this State. It shall be conditioned upon the

proper transmittal of all title and registration fees and

taxes (excluding taxes under the Retailers' Occupation Tax

Act) accepted by the applicant as a used vehicle dealer.

9. Such other information concerning the business of

the applicant as the Secretary of State may by rule or

regulation prescribe.

10. A statement that the applicant understands Chapter

1 through Chapter 5 of this Code.

11. A copy of the certification from the prelicensing

education program.

(c) Any change which renders no longer accurate any

information contained in any application for a used vehicle

dealer's license shall be amended within 30 days after the

occurrence of each change on such form as the Secretary of

State may prescribe by rule or regulation, accompanied by an

amendatory fee of $2.

(d) Anything in this Chapter to the contrary

notwithstanding, no person shall be licensed as a used vehicle

dealer unless such person maintains an established place of

business as defined in this Chapter.

(e) The Secretary of State shall, within a reasonable time

after receipt, examine an application submitted to him under

this Section. Unless the Secretary makes a determination that

the application submitted to him does not conform to this

Section or that grounds exist for a denial of the application

under Section 5-501 of this Chapter, he must grant the

applicant an original used vehicle dealer's license in writing

for his established place of business and a supplemental

license in writing for each additional place of business in

such form as he may prescribe by rule or regulation which shall

include the following:

1. The name of the person licensed;

2. If a corporation, the name and address of its

officers or if a sole proprietorship, a partnership, an

unincorporated association or any similar form of business

organization, the name and address of the proprietor or of

each partner, member, officer, director, trustee or

manager;

3. In case of an original license, the established

place of business of the licensee;

4. In the case of a supplemental license, the

established place of business of the licensee and the

additional place of business to which such supplemental

license pertains.

(f) The appropriate instrument evidencing the license or a

certified copy thereof, provided by the Secretary of State

shall be kept posted, conspicuously, in the established place

of business of the licensee and in each additional place of

business, if any, maintained by such licensee.

(g) Except as provided in subsection (h) of this Section,

all used vehicle dealer's licenses granted under this Section

expire by operation of law on December 31 of the calendar year

for which they are granted unless sooner revoked or cancelled

under Section 5-501 of this Chapter.

(h) A used vehicle dealer's license may be renewed upon

application and payment of the fee required herein, and

submission of proof of coverage by an approved bond under the

"Retailers' Occupation Tax Act" or proof that applicant is not

subject to such bonding requirements, as in the case of an

original license, but in case an application for the renewal of

an effective license is made during the month of December, the

effective license shall remain in force until the application

for renewal is granted or denied by the Secretary of State.

(i) All persons licensed as a used vehicle dealer are

required to furnish each purchaser of a motor vehicle:

1. A certificate of title properly assigned to the

purchaser;

2. A statement verified under oath that all identifying

numbers on the vehicle agree with those on the certificate

of title;

3. A bill of sale properly executed on behalf of such

person;

4. A copy of the Uniform Invoice-transaction reporting

return referred to in Section 5-402 of this Chapter;

5. In the case of a rebuilt vehicle, a copy of the

Disclosure of Rebuilt Vehicle Status; and

6. In the case of a vehicle for which the warranty has

been reinstated, a copy of the warranty.

(j) A real estate broker holding a valid certificate of

registration issued pursuant to "The Real Estate Brokers and

Salesmen License Act" may engage in the business of selling or

dealing in house trailers not his own without being licensed as

a used vehicle dealer under this Section; however such broker

shall maintain a record of the transaction including the

following:

(1) the name and address of the buyer and seller,

(2) the date of sale,

(3) a description of the mobile home, including the

vehicle identification number, make, model, and year, and

(4) the Illinois certificate of title number.

The foregoing records shall be available for inspection by

any officer of the Secretary of State's Office at any

reasonable hour.

(k) Except at the time of sale or repossession of the

vehicle, no person licensed as a used vehicle dealer may issue

any other person a newly created key to a vehicle unless the

used vehicle dealer makes a copy of the driver's license or

State identification card of the person requesting or obtaining

the newly created key. The used vehicle dealer must retain the

copy for 30 days.

A used vehicle dealer who violates this subsection (k) is

guilty of a petty offense. Violation of this subsection (k) is

not cause to suspend, revoke, cancel, or deny renewal of the

used vehicle dealer's license.

(l) Used vehicle dealers licensed under this Section shall

provide the Secretary of State a register for the sale at

auction of each salvage or junk certificate vehicle. Each

register shall include the following information:

1. The year, make, model, style and color of the

vehicle;

2. The vehicle's manufacturer's identification number

or, if applicable, the Secretary of State or Illinois

Department of State Police identification number;

3. The date of acquisition of the vehicle;

4. The name and address of the person from whom the

vehicle was acquired;

5. The name and address of the person to whom any

vehicle was disposed, the person's Illinois license number

or if the person is an out-of-state salvage vehicle buyer,

the license number from the state or jurisdiction where the

buyer is licensed; and

6. The purchase price of the vehicle.

The register shall be submitted to the Secretary of State

via written or electronic means within 10 calendar days from

the date of the auction.

(Source: P.A. 97-480, eff. 10-1-11; 97-1150, eff. 1-25-13;

98-450, eff. 1-1-14; revised 12-10-14.)

(625 ILCS 5/6-113) (from Ch. 95 1/2, par. 6-113)

Sec. 6-113. Restricted licenses and permits.

(a) The Secretary of State upon issuing a drivers license

or permit shall have the authority whenever good cause appears

to impose restrictions suitable to the licensee's driving

ability with respect to the type of, or special mechanical

control devices required on, a motor vehicle which the licensee

may operate or such other restrictions applicable to the

licensee as the Secretary of State may determine to be

appropriate to assure the safe operation of a motor vehicle by

the licensee.

(b) The Secretary of State may either issue a special

restricted license or permit or may set forth such restrictions

upon the usual license or permit form.

(c) The Secretary of State may issue a probationary license

to a person whose driving privileges have been suspended

pursuant to subsection (d) of this Section or subsection (a)(2)

of Section 6-206 of this Code. This subsection (c) does not

apply to any driver required to possess a CDL for the purpose

of operating a commercial motor vehicle. The Secretary of State

shall promulgate rules pursuant to the Illinois Administrative

Procedure Act, setting forth the conditions and criteria for

the issuance and cancellation of probationary licenses.

(d) The Secretary of State may upon receiving satisfactory

evidence of any violation of the restrictions of such license

or permit suspend, revoke or cancel the same without

preliminary hearing, but the licensee or permittee shall be

entitled to a hearing as in the case of a suspension or

revocation.

(e) It is unlawful for any person to operate a motor

vehicle in any manner in violation of the restrictions imposed

on a restricted license or permit issued to him.

(f) Whenever the holder of a restricted driving permit is

issued a citation for any of the following offenses including

similar local ordinances, the restricted driving permit is

immediately invalidated:

1. Reckless homicide resulting from the operation of a

motor vehicle;

2. Violation of Section 11-501 of this Act relating to

the operation of a motor vehicle while under the influence

of intoxicating liquor or narcotic drugs;

3. Violation of Section 11-401 of this Act relating to

the offense of leaving the scene of a traffic accident

involving death or injury;

4. Violation of Section 11-504 of this Act relating to

the offense of drag racing; or

5. Violation of Section 11-506 of this Act relating to

the offense of street racing.

The police officer issuing the citation shall confiscate

the restricted driving permit and forward it, along with the

citation, to the Clerk of the Circuit Court of the county in

which the citation was issued.

(g) The Secretary of State may issue a special restricted

license for a period of 48 months to individuals using vision

aid arrangements other than standard eyeglasses or contact

lenses, allowing the operation of a motor vehicle during

nighttime hours. The Secretary of State shall adopt rules

defining the terms and conditions by which the individual may

obtain and renew this special restricted license. At a minimum,

all drivers must meet the following requirements:

1. Possess a valid driver's license and have operated a

motor vehicle during daylight hours for a period of 12

months using vision aid arrangements other than standard

eyeglasses or contact lenses.

2. Have a driving record that does not include any

traffic accidents that occurred during nighttime hours,

for which the driver has been found to be at fault, during

the 12 months before he or she applied for the special

restricted license.

3. Successfully complete a road test administered

during nighttime hours.

The special restricted license holder must submit to the

Secretary annually a vision specialist report from his or her

ophthalmologist or optometrist that the special restricted

license holder's vision has not changed. If the special

restricted license holder fails to submit this vision

specialist report, the special restricted license shall be

cancelled under Section 6-201 of this Code.

At a minimum, all drivers renewing this license must meet

the following requirements:

1. Successfully complete a road test administered

during nighttime hours.

2. Have a driving record that does not include any

traffic accidents that occurred during nighttime hours,

for which the driver has been found to be at fault, during

the 12 months before he or she applied for the special

restricted license.

(h) Any driver issued a special restricted license as

defined in subsection (g) whose privilege to drive during

nighttime hours has been suspended due to an accident occurring

during nighttime hours may request a hearing as provided in

Section 2-118 of this Code to contest that suspension. If it is

determined that the accident for which the driver was at fault

was not influenced by the driver's use of vision aid

arrangements other than standard eyeglasses or contact lenses,

the Secretary may reinstate that driver's privilege to drive

during nighttime hours.

(i) The Secretary of State may issue a special restricted

training permit for a period of 6 months to individuals using

vision aid arrangements other than standard eyeglasses or

contact lenses, allowing the operation of a motor vehicle

between sunset and 10:00 p.m. provided the driver is

accompanied by a person holding a valid driver's license

without nighttime operation restrictions. The Secretary may

adopt rules defining the terms and conditions by which the

individual may obtain and renew this special restricted

training permit. At a minimum, all persons applying for a

special restricted training permit must meet the following

requirements:

1. Possess a valid driver's license and have operated a

motor vehicle during daylight hours for a period of 6

months using vision aid arrangements other than standard

eyeglasses or contact lenses.

2. Have a driving record that does not include any

traffic accidents, for which the person has been found to

be at fault, during the 6 months before he or she applied

for the special restricted training permit.

(Source: P.A. 97-229, eff. 7-28-11; 98-746, eff. 1-1-15;

98-747, eff. 1-1-15; revised 10-2-14.)

(625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)

Sec. 7-311. Payments sufficient to satisfy requirements.

(a) Judgments herein referred to arising out of motor

vehicle accidents occurring on or after January 1, 2015 (the

effective date of Public 98-519) this amendatory Act of the

98th General Assembly, shall for the purpose of this Chapter be

deemed satisfied:

1. When $25,000 has been credited upon any judgment or

judgments rendered in excess of that amount for bodily

injury to or the death of one person as the result of any

one motor vehicle accident; or

2. When, subject to said limit of $25,000 as to any one

person, the sum of $50,000 has been credited upon any

judgment or judgments rendered in excess of that amount for

bodily injury to or the death of more than one person as

the result of any one motor vehicle accident; or

3. When $20,000 has been credited upon any judgment or

judgments, rendered in excess of that amount for damages to

property of others as a result of any one motor vehicle

accident.

The changes to this subsection made by Public Act 98-519

this amendatory Act of the 98th General Assembly apply only to

policies issued or renewed on or after January 1, 2015.

(b) Credit for such amounts shall be deemed a satisfaction

of any such judgment or judgments in excess of said amounts

only for the purposes of this Chapter.

(c) Whenever payment has been made in settlement of any

claim for bodily injury, death or property damage arising from

a motor vehicle accident resulting in injury, death or property

damage to two or more persons in such accident, any such

payment shall be credited in reduction of the amounts provided

for in this Section.

(Source: P.A. 98-519, eff. 1-1-15; revised 12-10-14.)

(625 ILCS 5/Ch. 11 Art. V heading)

ARTICLE V. DRIVING WHILE UNDER THE INFLUENCE INTOXICATED ,

TRANSPORTING ALCOHOLIC LIQUOR,

AND RECKLESS DRIVING

(625 ILCS 5/11-601) (from Ch. 95 1/2, par. 11-601)

Sec. 11-601. General speed restrictions.

(a) No vehicle may be driven upon any highway of this State

at a speed which is greater than is reasonable and proper with

regard to traffic conditions and the use of the highway, or

endangers the safety of any person or property. The fact that

the speed of a vehicle does not exceed the applicable maximum

speed limit does not relieve the driver from the duty to

decrease speed when approaching and crossing an intersection,

approaching and going around a curve, when approaching a hill

crest, when traveling upon any narrow or winding roadway, or

when special hazard exists with respect to pedestrians or other

traffic or by reason of weather or highway conditions. Speed

must be decreased as may be necessary to avoid colliding with

any person or vehicle on or entering the highway in compliance

with legal requirements and the duty of all persons to use due

care.

(a-5) For purposes of this Section, "urban district" does

not include any interstate highway as defined by Section

1-133.1 of this Code which includes all highways under the

jurisdiction of the Illinois State Toll Highway Authority.

(b) No person may drive a vehicle upon any highway of this

State at a speed which is greater than the applicable statutory

maximum speed limit established by paragraphs (c), (d), (e),

(f) or (g) of this Section, by Section 11-605 or by a

regulation or ordinance made under this Chapter.

(c) Unless some other speed restriction is established

under this Chapter, the maximum speed limit in an urban

district for all vehicles is:

1. 30 miles per hour; and

2. 15 miles per hour in an alley.

(d) Unless some other speed restriction is established

under this Chapter, the maximum speed limit outside an urban

district for any vehicle is (1) 65 miles per hour for all or

part of highways that are designated by the Department, have at

least 4 lanes of traffic, and have a separation between the

roadways moving in opposite directions and (2) 55 miles per

hour for all other highways, roads, and streets.

(d-1) Unless some other speed restriction is established

under this Chapter, the maximum speed limit outside an urban

district for any vehicle is (1) 70 miles per hour on any

interstate highway as defined by Section 1-133.1 of this Code

which includes all highways under the jurisdiction of the

Illinois State Toll Highway Authority; (2) 65 miles per hour

for all or part of highways that are designated by the

Department, have at least 4 lanes of traffic, and have a

separation between the roadways moving in opposite directions;

and (3) 55 miles per hour for all other highways, roads, and

streets. The counties of Cook, DuPage, Kane, Lake, Madison,

McHenry, St. Clair, and Will may adopt ordinances setting a

maximum speed limit on highways, roads, and streets that is

lower than the limits established by this Section.

(e) In the counties of Cook, DuPage, Kane, Lake, McHenry,

and Will, unless some lesser speed restriction is established

under this Chapter, the maximum speed limit outside an urban

district for a second division vehicle designed or used for the

carrying of a gross weight of 8,001 pounds or more (including

the weight of the vehicle and maximum load) is 60 miles per

hour on any interstate highway as defined by Section 1-133.1 of

this Code and 55 miles per hour on all other highways, roads,

and streets.

(e-1) (Blank).

(f) Unless some other speed restriction is established

under this Chapter, the maximum speed limit outside an urban

district for a bus is:

1. 65 miles per hour upon any highway which has at

least 4 lanes of traffic and of which the roadways for

traffic moving in opposite directions are separated by a

strip of ground which is not surfaced or suitable for

vehicular traffic, except that the maximum speed limit for

a bus on all highways, roads, or streets not under the

jurisdiction of the Department or the Illinois State Toll

Highway Authority is 55 miles per hour;

1.5. 70 miles per hour upon any interstate highway as

defined by Section 1-133.1 of this Code outside the

counties of Cook, DuPage, Kane, Lake, McHenry, and Will;

and

2. 55 miles per hour on any other highway.

(g) (Blank).

(Source: P.A. 97-202, eff. 1-1-12; 98-511, eff. 1-1-14;

98-1126, eff. 1-1-15; 98-1128, eff. 1-1-15; revised 12-10-14.)

(625 ILCS 5/11-709.2)

Sec. 11-709.2. Bus on shoulder program.

(a) The use of specifically designated shoulders of

roadways by transit buses may be authorized by the Department

in cooperation with the Regional Transportation Authority and

the Suburban Bus Division of the Regional Transportation

Authority. The Department shall prescribe by rule which transit

buses are authorized to operate on shoulders, as well as times

and locations. The Department may erect signage to indicate

times and locations of designated shoulder usage.

(b) (Blank).

(c) (Blank) Transportation.

(Source: P.A. 97-292, eff. 8-11-11; 98-756, eff. 7-16-14;

98-871, eff. 8-11-14; revised 10-1-147.)

(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)

Sec. 12-215. Oscillating, rotating or flashing lights on

motor vehicles. Except as otherwise provided in this Code:

(a) The use of red or white oscillating, rotating or

flashing lights, whether lighted or unlighted, is prohibited

except on:

1. Law enforcement vehicles of State, Federal or local

authorities;

2. A vehicle operated by a police officer or county

coroner and designated or authorized by local authorities,

in writing, as a law enforcement vehicle; however, such

designation or authorization must be carried in the

vehicle;

2.1. A vehicle operated by a fire chief who has

completed an emergency vehicle operation training course

approved by the Office of the State Fire Marshal and

designated or authorized by local authorities, in writing,

as a fire department, fire protection district, or township

fire department vehicle; however, the designation or

authorization must be carried in the vehicle, and the

lights may be visible or activated only when responding to

a bona fide emergency;

3. Vehicles of local fire departments and State or

federal firefighting vehicles;

4. Vehicles which are designed and used exclusively as

ambulances or rescue vehicles; furthermore, such lights

shall not be lighted except when responding to an emergency

call for and while actually conveying the sick or injured;

5. Tow trucks licensed in a state that requires such

lights; furthermore, such lights shall not be lighted on

any such tow truck while the tow truck is operating in the

State of Illinois;

6. Vehicles of the Illinois Emergency Management

Agency, vehicles of the Office of the Illinois State Fire

Marshal, vehicles of the Illinois Department of Public

Health, vehicles of the Illinois Department of

Corrections, and vehicles of the Illinois Department of

Juvenile Justice;

7. Vehicles operated by a local or county emergency

management services agency as defined in the Illinois

Emergency Management Agency Act;

8. School buses operating alternately flashing head

lamps as permitted under Section 12-805 of this Code;

9. Vehicles that are equipped and used exclusively as

organ transplant vehicles when used in combination with

blue oscillating, rotating, or flashing lights;

furthermore, these lights shall be lighted only when the

transportation is declared an emergency by a member of the

transplant team or a representative of the organ

procurement organization;

10. Vehicles of the Illinois Department of Natural

Resources that are used for mine rescue and explosives

emergency response; and

11. Vehicles of the Illinois Department of

Transportation identified as Emergency Traffic Patrol; the

lights shall not be lighted except when responding to an

emergency call or when parked or stationary while engaged

in motor vehicle assistance or at the scene of the

emergency; and

12. Vehicles of the Illinois State Toll Highway

Authority identified as Highway Emergency Lane Patrol; the

lights shall not be lighted except when responding to an

emergency call or when parked or stationary while engaged

in motor vehicle assistance or at the scene of the

emergency.

(b) The use of amber oscillating, rotating or flashing

lights, whether lighted or unlighted, is prohibited except on:

1. Second division vehicles designed and used for

towing or hoisting vehicles; furthermore, such lights

shall not be lighted except as required in this paragraph

1; such lights shall be lighted when such vehicles are

actually being used at the scene of an accident or

disablement; if the towing vehicle is equipped with a flat

bed that supports all wheels of the vehicle being

transported, the lights shall not be lighted while the

vehicle is engaged in towing on a highway; if the towing

vehicle is not equipped with a flat bed that supports all

wheels of a vehicle being transported, the lights shall be

lighted while the towing vehicle is engaged in towing on a

highway during all times when the use of headlights is

required under Section 12-201 of this Code; in addition,

these vehicles may use white oscillating, rotating, or

flashing lights in combination with amber oscillating,

rotating, or flashing lights as provided in this paragraph;

2. Motor vehicles or equipment of the State of

Illinois, the Illinois State Toll Highway Authority, 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, control agency, or the Illinois Department of

Corrections;

14. Security vehicles of the Department of Human

Services; however, the lights shall not be lighted except

when being used for security related purposes under the

direction of the superintendent of the facility where the

vehicle is located; and

15. Vehicles of union representatives, except that the

lights shall be lighted only while the vehicle is within

the limits of a construction project.

(c) The use of blue oscillating, rotating or flashing

lights, whether lighted or unlighted, is prohibited except on:

1. Rescue squad vehicles not owned by a fire department

and vehicles owned or operated by a:

voluntary firefighter;

paid firefighter;

part-paid firefighter;

call firefighter;

member of the board of trustees of a fire

protection district;

paid or unpaid member of a rescue squad;

paid or unpaid member of a voluntary ambulance

unit; or

paid or unpaid members of a local or county

emergency management services agency as defined in the

Illinois Emergency Management Agency Act, designated

or authorized by local authorities, in writing, and

carrying that designation or authorization in the

vehicle.

However, such lights are not to be lighted except when

responding to a bona fide emergency or when parked or

stationary at the scene of a fire, rescue call, ambulance

call, or motor vehicle accident.

Any person using these lights in accordance with this

subdivision (c)1 must carry on his or her person an

identification card or letter identifying the bona fide

member of a fire department, fire protection district,

rescue squad, ambulance unit, or emergency management

services agency that owns or operates that vehicle. The

card or letter must include:

(A) the name of the fire department, fire

protection district, rescue squad, ambulance unit, or

emergency management services agency;

(B) the member's position within the fire

department, fire protection district, rescue squad,

ambulance unit, or emergency management services

agency;

(C) the member's term of service; and

(D) the name of a person within the fire

department, fire protection district, rescue squad,

ambulance unit, or emergency management services

agency to contact to verify the information provided.

2. Police department vehicles in cities having a

population of 500,000 or more inhabitants.

3. Law enforcement vehicles of State or local

authorities when used in combination with red oscillating,

rotating or flashing lights.

4. Vehicles of local fire departments and State or

federal firefighting vehicles when used in combination

with red oscillating, rotating or flashing lights.

5. Vehicles which are designed and used exclusively as

ambulances or rescue vehicles when used in combination with

red oscillating, rotating or flashing lights; furthermore,

such lights shall not be lighted except when responding to

an emergency call.

6. Vehicles that are equipped and used exclusively as

organ transport vehicles when used in combination with red

oscillating, rotating, or flashing lights; furthermore,

these lights shall only be lighted when the transportation

is declared an emergency by a member of the transplant team

or a representative of the organ procurement organization.

7. Vehicles of the Illinois Emergency Management

Agency, vehicles of the Office of the Illinois State Fire

Marshal, vehicles of the Illinois Department of Public

Health, vehicles of the Illinois Department of

Corrections, and vehicles of the Illinois Department of

Juvenile Justice, when used in combination with red

oscillating, rotating, or flashing lights.

8. Vehicles operated by a local or county emergency

management services agency as defined in the Illinois

Emergency Management Agency Act, when used in combination

with red oscillating, rotating, or flashing lights.

9. Vehicles of the Illinois Department of Natural

Resources that are used for mine rescue and explosives

emergency response, when used in combination with red

oscillating, rotating, or flashing lights.

(c-1) In addition to the blue oscillating, rotating, or

flashing lights permitted under subsection (c), and

notwithstanding subsection (a), a vehicle operated by a

voluntary firefighter, a voluntary member of a rescue squad, or

a member of a voluntary ambulance unit may be equipped with

flashing white headlights and blue grill lights, which may be

used only in responding to an emergency call or when parked or

stationary at the scene of a fire, rescue call, ambulance call,

or motor vehicle accident.

(c-2) In addition to the blue oscillating, rotating, or

flashing lights permitted under subsection (c), and

notwithstanding subsection (a), a vehicle operated by a paid or

unpaid member of a local or county emergency management

services agency as defined in the Illinois Emergency Management

Agency Act, may be equipped with white oscillating, rotating,

or flashing lights to be used in combination with blue

oscillating, rotating, or flashing lights, if authorization by

local authorities is in writing and carried in the vehicle.

(d) The use of a combination of amber and white

oscillating, rotating or flashing lights, whether lighted or

unlighted, is prohibited except on second division vehicles

designed and used for towing or hoisting vehicles or motor

vehicles or equipment of the State of Illinois, local

authorities, contractors, and union representatives;

furthermore, such lights shall not be lighted on second

division vehicles designed and used for towing or hoisting

vehicles or vehicles of the State of Illinois, local

authorities, and contractors except while such vehicles are

engaged in a tow operation, highway maintenance, or

construction operations within the limits of highway

construction projects, and shall not be lighted on the vehicles

of union representatives except when those vehicles are within

the limits of a construction project.

(e) All oscillating, rotating or flashing lights referred

to in this Section shall be of sufficient intensity, when

illuminated, to be visible at 500 feet in normal sunlight.

(f) Nothing in this Section shall prohibit a manufacturer

of oscillating, rotating or flashing lights or his

representative or authorized vendor from temporarily mounting

such lights on a vehicle for demonstration purposes only. If

the lights are not covered while the vehicle is operated upon a

highway, the vehicle shall display signage indicating that the

vehicle is out of service or not an emergency vehicle. The

signage shall be displayed on all sides of the vehicle in

letters at least 2 inches tall and one-half inch wide. A

vehicle authorized to have oscillating, rotating, or flashing

lights mounted for demonstration purposes may not activate the

lights while the vehicle is operated upon a highway.

(g) Any person violating the provisions of subsections (a),

(b), (c) or (d) of this Section who without lawful authority

stops or detains or attempts to stop or detain another person

shall be guilty of a Class 2 felony.

(h) Except as provided in subsection (g) above, any person

violating the provisions of subsections (a) or (c) of this

Section shall be guilty of a Class A misdemeanor.

(Source: P.A. 97-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813,

eff. 7-13-12; 97-1173, eff. 1-1-14; 98-80, eff. 7-15-13;

98-123, eff. 1-1-14; 98-468, eff. 8-16-13; 98-756, eff.

7-16-14; 98-873, eff. 1-1-15; revised 10-6-14.)

(625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)

Sec. 15-111. Wheel and axle loads and gross weights.

(a) No vehicle or combination of vehicles with pneumatic

tires may be operated, unladen or with load, when the total

weight on the road surface exceeds the following: 20,000 pounds

on a single axle; 34,000 pounds on a tandem axle with no axle

within the tandem exceeding 20,000 pounds; 80,000 pounds gross

weight for vehicle combinations of 5 or more axles; or a total

weight on a group of 2 or more consecutive axles in excess of

that weight produced by the application of the following

formula: W = 500 times the sum of (LN divided by N-1) + 12N +

36, where "W" equals overall total weight on any group of 2 or

more consecutive axles to the nearest 500 pounds, "L" equals

the distance measured to the nearest foot between extremes of

any group of 2 or more consecutive axles, and "N" equals the

number of axles in the group under consideration.

The above formula when expressed in tabular form results in

allowable loads as follows:

Distance measured

to the nearest

foot between the

extremes of any Maximum weight in pounds

group of 2 or of any group of

more consecutive 2 or more consecutive axles

axles

feet 2 axles 3 axles 4 axles 5 axles 6 axles 4 34,000 5 34,000 6 34,000 7 34,000 8 38,000* 42,000 9 39,000 42,500 10 40,000 43,500 11 44,000 12 45,000 50,000 13 45,500 50,500 14 46,500 51,500 15 47,000 52,000 16 48,000 52,500 58,000 17 48,500 53,500 58,500

18 49,500 54,000 59,000 19 50,000 54,500 60,000 20 51,000 55,500 60,500 66,000 21 51,500 56,000 61,000 66,500 22 52,500 56,500 61,500 67,000 23 53,000 57,500 62,500 68,000 24 54,000 58,000 63,000 68,500 25 54,500 58,500 63,500 69,000 26 55,500 59,500 64,000 69,500 27 56,000 60,000 65,000 70,000 28 57,000 60,500 65,500 71,000 29 57,500 61,500 66,000 71,500 30 58,500 62,000 66,500 72,000 31 59,000 62,500 67,500 72,500 32 60,000 63,500 68,000 73,000 33 64,000 68,500 74,000 34 64,500 69,000 74,500 35 65,500 70,000 75,000 36 66,000 70,500 75,500 37 66,500 71,000 76,000 38 67,500 72,000 77,000 39 68,000 72,500 77,500 40 68,500 73,000 78,000 41 69,500 73,500 78,500 42 70,000 74,000 79,000 43 70,500 75,000 80,000

44 71,500 75,500 45 72,000 76,000 46 72,500 76,500 47 73,500 77,500 48 74,000 78,000 49 74,500 78,500 50 75,500 79,000 51 76,000 80,000 52 76,500 53 77,500 54 78,000 55 78,500 56 79,500 57 80,000

*If the distance between 2 axles is 96 inches or less, the 2

axles are tandem axles and the maximum total weight may not

exceed 34,000 pounds, notwithstanding the higher limit

resulting from the application of the formula.

Vehicles not in a combination having more than 4 axles may

not exceed the weight in the table in this subsection (a) for 4

axles measured between the extreme axles of the vehicle.

Vehicles in a combination having more than 6 axles may not

exceed the weight in the table in this subsection (a) for 6

axles measured between the extreme axles of the combination.

Local authorities, with respect to streets and highways

under their jurisdiction, without additional fees, may also by

ordinance or resolution allow the weight limitations of this

subsection, provided the maximum gross weight on any one axle

shall not exceed 20,000 pounds and the maximum total weight on

any tandem axle shall not exceed 34,000 pounds, on designated

highways when appropriate regulatory signs giving notice are

erected upon the street or highway or portion of any street or

highway affected by the ordinance or resolution.

The following are exceptions to the above formula:

(1) Vehicles for which a different limit is established

and posted in accordance with Section 15-316 of this Code.

(2) Vehicles for which the Department of

Transportation and local authorities issue overweight

permits under authority of Section 15-301 of this Code.

These vehicles are not subject to the bridge formula.

(3) Cities having a population of more than 50,000 may

permit by ordinance axle loads on 2-axle 2 axle motor

vehicles 33 1/2% above those provided for herein, but the

increase shall not become effective until the city has

officially notified the Department of the passage of the

ordinance and shall not apply to those vehicles when

outside of the limits of the city, nor shall the gross

weight of any 2-axle 2 axle motor vehicle operating over

any street of the city exceed 40,000 pounds.

(4) Weight limitations shall not apply to vehicles

(including loads) operated by a public utility when

transporting equipment required for emergency repair of

public utility facilities or properties or water wells.

(4.5) A 3-axle or 4-axle 3 or 4 axle vehicle (including

when laden) operated or hired by a municipality within

Cook, Lake, McHenry, Kane, DuPage, or Will county being

operated for the purpose of performing emergency sewer

repair that would be subject to a weight limitation less

than 66,000 pounds under the formula in this subsection (a)

shall have a weight limitation of 66,000 pounds or the

vehicle's gross vehicle weight rating, whichever is less.

This paragraph (4.5) does not apply to vehicles being

operated on the National System of Interstate and Defense

Highways, or to vehicles being operated on bridges or other

elevated structures constituting a part of a highway.

(5) Two consecutive sets of tandem axles may carry a

total weight of 34,000 pounds each if the overall distance

between the first and last axles of the consecutive sets of

tandem axles is 36 feet or more, notwithstanding the lower

limit resulting from the application of the above formula.

(6) A truck, not in combination and used exclusively

for the collection of rendering materials, may, when laden,

transmit upon the road surface, except when on part of the

National System of Interstate and Defense Highways, the

following maximum weights: 22,000 pounds on a single axle;

40,000 pounds on a tandem axle.

(7) A truck not in combination, equipped with a self

compactor or an industrial roll-off hoist and roll-off

container, used exclusively for garbage, refuse, or

recycling operations, may, when laden, transmit upon the

road surface, except when on part of the National System of

Interstate and Defense Highways, the following maximum

weights: 22,000 pounds on a single axle; 40,000 pounds on a

tandem axle; 40,000 pounds gross weight on a 2-axle

vehicle; 54,000 pounds gross weight on a 3-axle vehicle.

This vehicle is not subject to the bridge formula.

(7.5) A 3-axle rear discharge truck mixer registered as

a Special Hauling Vehicle, used exclusively for the mixing

and transportation of concrete in the plastic state, may,

when laden, transmit upon the road surface, except when on

part of the National System of Interstate and Defense

Highways, the following maximum weights: 22,000 pounds on

single axle; 40,000 pounds on a tandem axle; 54,000 pounds

gross weight on a 3-axle vehicle. This vehicle is not

subject to the bridge formula.

(8) Except as provided in paragraph (7.5) of this

subsection (a), tandem axles on a 3-axle truck registered

as a Special Hauling Vehicle, manufactured prior to or in

the model year of 2024 and first registered in Illinois

prior to January 1, 2025, with a distance greater than 72

inches but not more than 96 inches between any series of 2

axles, is allowed a combined weight on the series not to

exceed 36,000 pounds and neither axle of the series may

exceed 20,000 pounds. Any vehicle of this type manufactured

after the model year of 2024 or first registered in

Illinois after December 31, 2024 may not exceed a combined

weight of 34,000 pounds through the series of 2 axles and

neither axle of the series may exceed 20,000 pounds.

A 3-axle combination sewer cleaning jetting vacuum

truck registered as a Special Hauling Vehicle, used

exclusively for the transportation of non-hazardous solid

waste, manufactured before or in the model year of 2014,

first registered in Illinois before January 1, 2015, may,

when laden, transmit upon the road surface, except when on

part of the National System of Interstate and Defense

Highways, the following maximum weights: 22,000 pounds on a

single axle; 40,000 pounds on a tandem axle; 54,000 pounds

gross weight on a 3-axle vehicle. This vehicle is not

subject to the bridge formula.

(9) A 4-axle truck mixer registered as a Special

Hauling Vehicle, used exclusively for the mixing and

transportation of concrete in the plastic state, and not

operated on a highway that is part of the National System

of Interstate Highways, is allowed the following maximum

weights: 20,000 pounds on any single axle; 36,000 pounds on

a series of axles greater than 72 inches but not more than

96 inches; and 34,000 pounds on any series of 2 axles

greater than 40 inches but not more than 72 inches. The

gross weight of this vehicle may not exceed the weights

allowed by the bridge formula for 4 axles. The bridge

formula does not apply to any series of 3 axles while the

vehicle is transporting concrete in the plastic state, but

no axle or tandem axle of the series may exceed the maximum

weight permitted under this paragraph (9) of subsection

(a).

(10) Combinations of vehicles, registered as Special

Hauling Vehicles that include a semitrailer manufactured

prior to or in the model year of 2024, and registered in

Illinois prior to January 1, 2025, having 5 axles with a

distance of 42 feet or less between extreme axles, may not

exceed the following maximum weights: 20,000 pounds on a

single axle; 34,000 pounds on a tandem axle; and 72,000

pounds gross weight. This combination of vehicles is not

subject to the bridge formula. For all those combinations

of vehicles that include a semitrailer manufactured after

the effective date of P.A. 92-0417, the overall distance

between the first and last axles of the 2 sets of tandems

must be 18 feet 6 inches or more. Any combination of

vehicles that has had its cargo container replaced in its

entirety after December 31, 2024 may not exceed the weights

allowed by the bridge formula.

(11) The maximum weight allowed on a vehicle with

crawler type tracks is 40,000 pounds.

(12) A combination of vehicles, including a tow truck

and a disabled vehicle or disabled combination of vehicles,

that exceeds the weight restriction imposed by this Code,

may be operated on a public highway in this State provided

that neither the disabled vehicle nor any vehicle being

towed nor the tow truck itself shall exceed the weight

limitations permitted under this Chapter. During the

towing operation, neither the tow truck nor the vehicle

combination shall exceed 24,000 pounds on a single rear

axle and 44,000 pounds on a tandem rear axle, provided the

towing vehicle:

(i) is specifically designed as a tow truck having

a gross vehicle weight rating of at least 18,000 pounds

and is equipped with air brakes, provided that air

brakes are required only if the towing vehicle is

towing a vehicle, semitrailer, or tractor-trailer

combination that is equipped with air brakes;

(ii) is equipped with flashing, rotating, or

oscillating amber lights, visible for at least 500 feet

in all directions;

(iii) is capable of utilizing the lighting and

braking systems of the disabled vehicle or combination

of vehicles; and

(iv) does not engage in a tow exceeding 20 miles

from the initial point of wreck or disablement. Any

additional movement of the vehicles may occur only upon

issuance of authorization for that movement under the

provisions of Sections 15-301 through 15-319 of this

Code. The towing vehicle, however, may tow any disabled

vehicle to a point where repairs are actually to occur.

This movement shall be valid only on State routes. The

tower must abide by posted bridge weight limits.

(13) Upon and during a declaration of an emergency

propane supply disaster by the Governor under Section 7 of

the Illinois Emergency Management Agency Act:

(i) a truck not in combination, equipped with a

cargo tank, used exclusively for the transportation of

propane or liquefied petroleum gas may, when laden,

transmit upon the road surface, except when on part of

the National System of Interstate and Defense

Highways, the following maximum weights: 22,000 pounds

on a single axle; 40,000 pounds on a tandem axle;

40,000 pounds gross weight on a 2-axle vehicle; 54,000

pounds gross weight on a 3-axle vehicle; and

(ii) a truck when in combination with a trailer

equipped with a cargo tank used exclusively for the

transportation of propane or liquefied petroleum gas

may, when laden, transmit upon the road surface, except

when on part of the National System of Interstate and

Defense Highways, the following maximum weights:

22,000 pounds on a single axle; 40,000 pounds on a

tandem axle; 90,000 pounds gross weight on a 5-axle 5

or 6-axle vehicle.

Vehicles operating under this paragraph (13) are not

subject to the bridge formula.

(14) (13) A vehicle or combination of vehicles that

uses natural gas or propane gas as a motor fuel may exceed

the above weight limitations by 2,000 pounds, except on

interstate highways as defined by Section 1-133.1 of this

Code. This paragraph (14) (13) shall not allow a vehicle to

exceed any posted weight limit on a highway or structure.

Gross weight limits shall not apply to the combination of

the tow truck and vehicles being towed. The tow truck license

plate must cover the operating empty weight of the tow truck

only. The weight of each vehicle being towed shall be covered

by a valid license plate issued to the owner or operator of the

vehicle being towed and displayed on that vehicle. If no valid

plate issued to the owner or operator of that vehicle is

displayed on that vehicle, or the plate displayed on that

vehicle does not cover the weight of the vehicle, the weight of

the vehicle shall be covered by the third tow truck plate

issued to the owner or operator of the tow truck and

temporarily affixed to the vehicle being towed. If a roll-back

carrier is registered and being used as a tow truck, however,

the license plate or plates for the tow truck must cover the

gross vehicle weight, including any load carried on the bed of

the roll-back carrier.

The Department may by rule or regulation prescribe

additional requirements. However, nothing in this Code shall

prohibit a tow truck under instructions of a police officer

from legally clearing a disabled vehicle, that may be in

violation of weight limitations of this Chapter, from the

roadway to the berm or shoulder of the highway. If in the

opinion of the police officer that location is unsafe, the

officer is authorized to have the disabled vehicle towed to the

nearest place of safety.

For the purpose of this subsection, gross vehicle weight

rating, or GVWR, means the value specified by the manufacturer

as the loaded weight of the tow truck.

(b) As used in this Section, "recycling haul" or "recycling

operation" means the hauling of non-hazardous, non-special,

non-putrescible materials, such as paper, glass, cans, or

plastic, for subsequent use in the secondary materials market.

(c) No vehicle or combination of vehicles equipped with

pneumatic tires shall be operated, unladen or with load, upon

the highways of this State in violation of the provisions of

any permit issued under the provisions of Sections 15-301

through 15-319 of this Chapter.

(d) No vehicle or combination of vehicles equipped with

other than pneumatic tires may be operated, unladen or with

load, upon the highways of this State when the gross weight on

the road surface through any wheel exceeds 800 pounds per inch

width of tire tread or when the gross weight on the road

surface through any axle exceeds 16,000 pounds.

(e) No person shall operate a vehicle or combination of

vehicles over a bridge or other elevated structure constituting

part of a highway with a gross weight that is greater than the

maximum weight permitted by the Department, when the structure

is sign posted as provided in this Section.

(f) The Department upon request from any local authority

shall, or upon its own initiative may, conduct an investigation

of any bridge or other elevated structure constituting a part

of a highway, and if it finds that the structure cannot with

safety to itself withstand the weight of vehicles otherwise

permissible under this Code the Department shall determine and

declare the maximum weight of vehicles that the structures can

withstand, and shall cause or permit suitable signs stating

maximum weight to be erected and maintained before each end of

the structure. No person shall operate a vehicle or combination

of vehicles over any structure with a gross weight that is

greater than the posted maximum weight.

(g) Upon the trial of any person charged with a violation

of subsection (e) or (f) of this Section, proof of the

determination of the maximum allowable weight by the Department

and the existence of the signs, constitutes conclusive evidence

of the maximum weight that can be maintained with safety to the

bridge or structure.

(Source: P.A. 97-201, eff. 1-1-12; 98-409, eff. 1-1-14; 98-410,

eff. 8-16-13; 98-756, eff. 7-16-14; 98-942, eff. 1-1-15;

98-956, eff. 1-1-15; 98-1029, eff. 1-1-15; revised 10-2-14.)

Section 470. The Boat Registration and Safety Act is

amended by changing Section 5-18 as follows:

(625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)

Sec. 5-18. (a) Beginning on January 1, 2016, no person born

on or after January 1, 1998, unless exempted by subsection (i),

shall operate a motorboat with over 10 horse power unless that

person has a valid Boating Safety Certificate issued by the

Department of Natural Resources or an entity or organization

recognized and approved by the Department.

(b) No person under 10 years of age may operate a

motorboat.

(c) Prior to January 1, 2016, persons at least 10 years of

age and less than 12 years of age may operate a motorboat with

over 10 horse power only if they are accompanied on the

motorboat and under the direct control of a parent or guardian

or a person at least 18 years of age designated by a parent or

guardian. Beginning on January 1, 2016, persons at least 10

years of age and less than 12 years of age may operate a

motorboat with over 10 horse power only if the person is under

the direct on-board supervision of a parent or guardian who

meets the requirements of subsection (a) or a person at least

18 years of age who meets the requirements of subsection (a)

and is designated by a parent or guardian.

(d) Prior to January 1, 2016, persons at least 12 years of

age and less than 18 years of age may operate a motorboat with

over 10 horse power only if they are accompanied on the

motorboat and under the direct control of a parent or guardian

or a person at least 18 years of age designated by a parent or

guardian, or the motorboat operator is in possession of a

Boating Safety Certificate issued by the Department of Natural

Resources, Division of Law Enforcement, authorizing the holder

to operate motorboats. Beginning on January 1, 2016, persons at

least 12 years and less than 18 years of age may operate a

motorboat with over 10 horse power only if the person meets the

requirements of subsection (a) or is under the direct on-board

supervision of a parent or guardian who meets the requirements

of subsection (a) or a person at least 18 years of age who

meets the requirements of subsection (a) and is designated by a

parent or guardian.

(e) Beginning January 1, 2016, the owner of a motorboat or

a person given supervisory authority over a motorboat shall not

permit a motorboat with over 10 horse power to be operated by a

person who does not meet the Boating Safety Certificate

requirements of this Section.

(f) Licensed boat liveries shall offer abbreviated

operating and safety instruction covering core boat safety

rules to all renters, unless the renter can demonstrate

compliance with the Illinois Boating Safety Certificate

requirements of this Section, or is exempt under subsection (i)

of this Section. A person who completes abbreviated operating

and safety instruction may operate a motorboat rented from the

livery providing the abbreviated operating and safety

instruction without having a Boating Safety Certificate for up

to one year from the date of instruction. The Department shall

adopt rules to implement this subsection.

(g) Violations.

(1) A person who is operating a motorboat with over 10

horse power and is required to have a valid Boating Safety

Certificate under the provisions of this Section shall

present the certificate to a law enforcement officer upon

request. Failure of the person to present the certificate

upon request is a petty offense.

(2) A person who provides false or fictitious

information in an application for a Boating Safety

Certificate; or who alters, forges, counterfeits, or

falsifies a Boating Safety Certificate; or who possesses a

Boating Safety Certificate that has been altered, forged,

counterfeited, or falsified is guilty of a Class A

misdemeanor.

(3) A person who loans or permits his or her their

Boating Safety Certificate to be used by another person; or

who operates a motorboat with over 10 horse power using a

Boating Safety Certificate that has not been issued to that

person is guilty of a Class A misdemeanor.

(4) A violation Violations of this Section done with

the knowledge of a parent or guardian shall be deemed a

violation by the parent or guardian and punishable under

Section 11A-1.

(h) The Department of Natural Resources shall establish a

program of instruction on boating safety, laws, regulations and

administrative laws, and any other subject matter which might

be related to the subject of general boat safety. The program

shall be conducted by instructors certified by the Department

of Natural Resources. The course of instruction for persons

certified to teach boating safety shall be not less than 8

hours in length, and the Department shall have the authority to

revoke the certification of any instructor who has demonstrated

his inability to conduct courses on the subject matter. The

Department of Natural Resources shall develop and provide a

method for students to complete the program online. Students

satisfactorily completing a program of not less than 8 hours in

length shall receive a certificate of safety from the

Department of Natural Resources. The Department may cooperate

with schools, online vendors, private clubs and other

organizations in offering boating safety courses throughout

the State of Illinois.

The Department shall issue certificates of boating safety

to persons 10 years of age or older successfully completing the

prescribed course of instruction and passing such tests as may

be prescribed by the Department. The Department may charge each

person who enrolls in a course of instruction a fee not to

exceed $5. If a fee is authorized by the Department, the

Department shall authorize instructors conducting such courses

meeting standards established by it to charge for the rental of

facilities or for the cost of materials utilized in the course.

Fees retained by the Department shall be utilized to defray a

part of its expenses to operate the safety and accident

reporting programs of the Department.

(i) A Boating Safety Certificate is not required by:

(1) a person who possesses a valid United States Coast

Guard commercial vessel operator's license or a marine

certificate issued by the Canadian government;

(2) a person employed by the United States, this State,

another state, or a subdivision thereof while in

performance of his or her official duties;

(3) a person who is not a resident, is temporarily

using the waters of this State for a period not to exceed

90 days, and meets any applicable boating safety education

requirements of his or her state of residency or possesses

a Canadian Pleasure Craft Operator's Card;

(4) a person who is a resident of this State who has

met the applicable boating safety education requirements

of another state or possesses a Canadian Pleasure Craft

Operator's Card;

(5) a person who has assumed operation of the motorboat

due to the illness or physical impairment of the operator,

and is returning the motorboat or personal watercraft to

shore in order to provide assistance or care for that

operator;

(6) a person who is registered as a commercial

fisherman or a person who is under the onboard direct

supervision of the commercial fisherman while operating

the commercial fisherman's vessel;

(7) a person who is serving or has qualified as a

surface warfare officer or enlisted surface warfare

specialist in the United States Navy;

(8) a person who has assumed operation of the motorboat

for the purpose of completing a watercraft safety course

approved by the Department, the U.S. Coast Guard, or the

National Association of State Boating Law Administrators;

(9) a person using only an electric motor to propel the

motorboat;

(10) a person operating a motorboat on private

property; or

(11) a person over the age of 12 years who holds a

valid certificate issued by another state, a province of

the Dominion of Canada, the United States Coast Guard

Auxiliary or the United States Power Squadron need not

obtain a certificate from the Department if the course

content of the program in such other state, province or

organization substantially meets that established by the

Department under this Section. A certificate issued by the

Department or by another state, province of the Dominion of

Canada or approved organization shall not constitute an

operator's license, but shall certify only that the student

has successfully passed a course in boating safety

instruction.

(j) The Department of Natural Resources shall adopt rules

necessary to implement this Section. The Department of Natural

Resources shall consult and coordinate with the boating public,

professional organizations for recreational boating safety,

and the boating retail, leasing, and dealer business community

in the adoption of these rules.

(Source: P.A. 98-698, eff. 1-1-15; revised 12-10-14.)

Section 475. The Clerks of Courts Act is amended by

changing Section 27.6 as follows:

(705 ILCS 105/27.6)

(Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,

96-667, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,

98-658, and 98-1013)

Sec. 27.6. (a) All fees, fines, costs, additional

penalties, bail balances assessed or forfeited, and any other

amount paid by a person to the circuit clerk equalling an

amount of $55 or more, except the fine imposed by Section

5-9-1.15 of the Unified Code of Corrections, the additional fee

required by subsections (b) and (c), restitution under Section

5-5-6 of the Unified Code of Corrections, contributions to a

local anti-crime program ordered pursuant to Section

5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of

Corrections, reimbursement for the costs of an emergency

response as provided under Section 11-501 of the Illinois

Vehicle Code, any fees collected for attending a traffic safety

program under paragraph (c) of Supreme Court Rule 529, any fee

collected on behalf of a State's Attorney under Section 4-2002

of the Counties Code or a sheriff under Section 4-5001 of the

Counties Code, or any cost imposed under Section 124A-5 of the

Code of Criminal Procedure of 1963, for convictions, orders of

supervision, or any other disposition for a violation of

Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a

similar provision of a local ordinance, and any violation of

the Child Passenger Protection Act, or a similar provision of a

local ordinance, and except as otherwise provided in this

Section shall be disbursed within 60 days after receipt by the

circuit clerk as follows: 44.5% shall be disbursed to the

entity authorized by law to receive the fine imposed in the

case; 16.825% shall be disbursed to the State Treasurer; and

38.675% shall be disbursed to the county's general corporate

fund. Of the 16.825% disbursed to the State Treasurer, 2/17

shall be deposited by the State Treasurer into the Violent

Crime Victims Assistance Fund, 5.052/17 shall be deposited into

the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall

be deposited into the Drivers Education Fund, and 6.948/17

shall be deposited into the Trauma Center Fund. Of the 6.948/17

deposited into the Trauma Center Fund from the 16.825%

disbursed to the State Treasurer, 50% shall be disbursed to the

Department of Public Health and 50% shall be disbursed to the

Department of Healthcare and Family Services. For fiscal year

1993, amounts deposited into the Violent Crime Victims

Assistance Fund, the Traffic and Criminal Conviction Surcharge

Fund, or the Drivers Education Fund shall not exceed 110% of

the amounts deposited into those funds in fiscal year 1991. Any

amount that exceeds the 110% limit shall be distributed as

follows: 50% shall be disbursed to the county's general

corporate fund and 50% shall be disbursed to the entity

authorized by law to receive the fine imposed in the case. Not

later than March 1 of each year the circuit clerk shall submit

a report of the amount of funds remitted to the State Treasurer

under this Section during the preceding year based upon

independent verification of fines and fees. All counties shall

be subject to this Section, except that counties with a

population under 2,000,000 may, by ordinance, elect not to be

subject to this Section. For offenses subject to this Section,

judges shall impose one total sum of money payable for

violations. The circuit clerk may add on no additional amounts

except for amounts that are required by Sections 27.3a and

27.3c of this Act, unless those amounts are specifically waived

by the judge. With respect to money collected by the circuit

clerk as a result of forfeiture of bail, ex parte judgment or

guilty plea pursuant to Supreme Court Rule 529, the circuit

clerk shall first deduct and pay amounts required by Sections

27.3a and 27.3c of this Act. This Section is a denial and

limitation of home rule powers and functions under subsection

(h) of Section 6 of Article VII of the Illinois Constitution.

(b) In addition to any other fines and court costs assessed

by the courts, any person convicted or receiving an order of

supervision for driving under the influence of alcohol or drugs

shall pay an additional fee of $100 to the clerk of the circuit

court. This amount, less 2 1/2% that shall be used to defray

administrative costs incurred by the clerk, shall be remitted

by the clerk to the Treasurer within 60 days after receipt for

deposit into the Trauma Center Fund. This additional fee of

$100 shall not be considered a part of the fine for purposes of

any reduction in the fine for time served either before or

after sentencing. Not later than March 1 of each year the

Circuit Clerk shall submit a report of the amount of funds

remitted to the State Treasurer under this subsection during

the preceding calendar year.

(b-1) In addition to any other fines and court costs

assessed by the courts, any person convicted or receiving an

order of supervision for driving under the influence of alcohol

or drugs shall pay an additional fee of $5 to the clerk of the

circuit court. This amount, less 2 1/2% that shall be used to

defray administrative costs incurred by the clerk, shall be

remitted by the clerk to the Treasurer within 60 days after

receipt for deposit into the Spinal Cord Injury Paralysis Cure

Research Trust Fund. This additional fee of $5 shall not be

considered a part of the fine for purposes of any reduction in

the fine for time served either before or after sentencing. Not

later than March 1 of each year the Circuit Clerk shall submit

a report of the amount of funds remitted to the State Treasurer

under this subsection during the preceding calendar year.

(c) In addition to any other fines and court costs assessed

by the courts, any person convicted for a violation of Sections

24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the

Criminal Code of 2012 or a person sentenced for a violation of

the Cannabis Control Act, the Illinois Controlled Substances

Act, or the Methamphetamine Control and Community Protection

Act shall pay an additional fee of $100 to the clerk of the

circuit court. This amount, less 2 1/2% that shall be used to

defray administrative costs incurred by the clerk, shall be

remitted by the clerk to the Treasurer within 60 days after

receipt for deposit into the Trauma Center Fund. This

additional fee of $100 shall not be considered a part of the

fine for purposes of any reduction in the fine for time served

either before or after sentencing. Not later than March 1 of

each year the Circuit Clerk shall submit a report of the amount

of funds remitted to the State Treasurer under this subsection

during the preceding calendar year.

(c-1) In addition to any other fines and court costs

assessed by the courts, any person sentenced for a violation of

the Cannabis Control Act, the Illinois Controlled Substances

Act, or the Methamphetamine Control and Community Protection

Act shall pay an additional fee of $5 to the clerk of the

circuit court. This amount, less 2 1/2% that shall be used to

defray administrative costs incurred by the clerk, shall be

remitted by the clerk to the Treasurer within 60 days after

receipt for deposit into the Spinal Cord Injury Paralysis Cure

Research Trust Fund. This additional fee of $5 shall not be

considered a part of the fine for purposes of any reduction in

the fine for time served either before or after sentencing. Not

later than March 1 of each year the Circuit Clerk shall submit

a report of the amount of funds remitted to the State Treasurer

under this subsection during the preceding calendar year.

(d) The following amounts must be remitted to the State

Treasurer for deposit into the Illinois Animal Abuse Fund:

(1) 50% of the amounts collected for felony offenses

under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,

5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for

Animals Act and Section 26-5 or 48-1 of the Criminal Code

of 1961 or the Criminal Code of 2012;

(2) 20% of the amounts collected for Class A and Class

B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,

5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care

for Animals Act and Section 26-5 or 48-1 of the Criminal

Code of 1961 or the Criminal Code of 2012; and

(3) 50% of the amounts collected for Class C

misdemeanors under Sections 4.01 and 7.1 of the Humane Care

for Animals Act and Section 26-5 or 48-1 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(e) Any person who receives a disposition of court

supervision for a violation of the Illinois Vehicle Code or a

similar provision of a local ordinance shall, in addition to

any other fines, fees, and court costs, pay an additional fee

of $29, to be disbursed as provided in Section 16-104c of the

Illinois Vehicle Code. In addition to the fee of $29, the

person shall also pay a fee of $6, if not waived by the court.

If this $6 fee is collected, $5.50 of the fee shall be

deposited into the Circuit Court Clerk Operation and

Administrative Fund created by the Clerk of the Circuit Court

and 50 cents of the fee shall be deposited into the Prisoner

Review Board Vehicle and Equipment Fund in the State treasury.

(f) This Section does not apply to the additional child

pornography fines assessed and collected under Section

5-9-1.14 of the Unified Code of Corrections.

(g) (Blank).

(h) (Blank).

(i) Of the amounts collected as fines under subsection (b)

of Section 3-712 of the Illinois Vehicle Code, 99% shall be

deposited into the Illinois Military Family Relief Fund and 1%

shall be deposited into the Circuit Court Clerk Operation and

Administrative Fund created by the Clerk of the Circuit Court

to be used to offset the costs incurred by the Circuit Court

Clerk in performing the additional duties required to collect

and disburse funds to entities of State and local government as

provided by law.

(j) Any person convicted of, pleading guilty to, or placed

on supervision for a serious traffic violation, as defined in

Section 1-187.001 of the Illinois Vehicle Code, a violation of

Section 11-501 of the Illinois Vehicle Code, or a violation of

a similar provision of a local ordinance shall pay an

additional fee of $35, to be disbursed as provided in Section

16-104d of that Code.

This subsection (j) becomes inoperative on January 1, 2020.

(k) For any conviction or disposition of court supervision

for a violation of Section 11-1429 of the Illinois Vehicle

Code, the circuit clerk shall distribute the fines paid by the

person as specified by subsection (h) of Section 11-1429 of the

Illinois Vehicle Code.

(l) Any person who receives a disposition of court

supervision for a violation of Section 11-501 of the Illinois

Vehicle Code or a similar provision of a local ordinance shall,

in addition to any other fines, fees, and court costs, pay an

additional fee of $50, which shall be collected by the circuit

clerk and then remitted to the State Treasurer for deposit into

the Roadside Memorial Fund, a special fund in the State

treasury. However, the court may waive the fee if full

restitution is complied with. Subject to appropriation, all

moneys in the Roadside Memorial Fund shall be used by the

Department of Transportation to pay fees imposed under

subsection (f) of Section 20 of the Roadside Memorial Act. The

fee shall be remitted by the circuit clerk within one month

after receipt to the State Treasurer for deposit into the

Roadside Memorial Fund.

(m) Of the amounts collected as fines under subsection (c)

of Section 411.4 of the Illinois Controlled Substances Act or

subsection (c) of Section 90 of the Methamphetamine Control and

Community Protection Act, 99% shall be deposited to the law

enforcement agency or fund specified and 1% shall be deposited

into the Circuit Court Clerk Operation and Administrative Fund

to be used to offset the costs incurred by the Circuit Court

Clerk in performing the additional duties required to collect

and disburse funds to entities of State and local government as

provided by law.

(n) In addition to any other fines and court costs assessed

by the courts, any person who is convicted of or pleads guilty

to a violation of the Criminal Code of 1961 or the Criminal

Code of 2012, or a similar provision of a local ordinance, or

who is convicted of, pleads guilty to, or receives a

disposition of court supervision for a violation of the

Illinois Vehicle Code, or a similar provision of a local

ordinance, shall pay an additional fee of $15 to the clerk of

the circuit court. This additional fee of $15 shall not be

considered a part of the fine for purposes of any reduction in

the fine for time served either before or after sentencing.

This amount, less 2.5% that shall be used to defray

administrative costs incurred by the clerk, shall be remitted

by the clerk to the State Treasurer within 60 days after

receipt for deposit into the State Police Merit Board Public

Safety Fund.

(o) The amounts collected as fines under Sections 10-9,

11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall

be collected by the circuit clerk and distributed as provided

under Section 5-9-1.21 of the Unified Code of Corrections in

lieu of any disbursement under subsection (a) of this Section.

(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;

97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.

6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)

(Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,

96-735, 96-1175, 96-1342, 97-434, 97-1051, 97-1108, 97-1150,

98-658, and 98-1013)

Sec. 27.6. (a) All fees, fines, costs, additional

penalties, bail balances assessed or forfeited, and any other

amount paid by a person to the circuit clerk equalling an

amount of $55 or more, except the fine imposed by Section

5-9-1.15 of the Unified Code of Corrections, the additional fee

required by subsections (b) and (c), restitution under Section

5-5-6 of the Unified Code of Corrections, contributions to a

local anti-crime program ordered pursuant to Section

5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of

Corrections, reimbursement for the costs of an emergency

response as provided under Section 11-501 of the Illinois

Vehicle Code, any fees collected for attending a traffic safety

program under paragraph (c) of Supreme Court Rule 529, any fee

collected on behalf of a State's Attorney under Section 4-2002

of the Counties Code or a sheriff under Section 4-5001 of the

Counties Code, or any cost imposed under Section 124A-5 of the

Code of Criminal Procedure of 1963, for convictions, orders of

supervision, or any other disposition for a violation of

Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a

similar provision of a local ordinance, and any violation of

the Child Passenger Protection Act, or a similar provision of a

local ordinance, and except as otherwise provided in this

Section shall be disbursed within 60 days after receipt by the

circuit clerk as follows: 44.5% shall be disbursed to the

entity authorized by law to receive the fine imposed in the

case; 16.825% shall be disbursed to the State Treasurer; and

38.675% shall be disbursed to the county's general corporate

fund. Of the 16.825% disbursed to the State Treasurer, 2/17

shall be deposited by the State Treasurer into the Violent

Crime Victims Assistance Fund, 5.052/17 shall be deposited into

the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall

be deposited into the Drivers Education Fund, and 6.948/17

shall be deposited into the Trauma Center Fund. Of the 6.948/17

deposited into the Trauma Center Fund from the 16.825%

disbursed to the State Treasurer, 50% shall be disbursed to the

Department of Public Health and 50% shall be disbursed to the

Department of Healthcare and Family Services. For fiscal year

1993, amounts deposited into the Violent Crime Victims

Assistance Fund, the Traffic and Criminal Conviction Surcharge

Fund, or the Drivers Education Fund shall not exceed 110% of

the amounts deposited into those funds in fiscal year 1991. Any

amount that exceeds the 110% limit shall be distributed as

follows: 50% shall be disbursed to the county's general

corporate fund and 50% shall be disbursed to the entity

authorized by law to receive the fine imposed in the case. Not

later than March 1 of each year the circuit clerk shall submit

a report of the amount of funds remitted to the State Treasurer

under this Section during the preceding year based upon

independent verification of fines and fees. All counties shall

be subject to this Section, except that counties with a

population under 2,000,000 may, by ordinance, elect not to be

subject to this Section. For offenses subject to this Section,

judges shall impose one total sum of money payable for

violations. The circuit clerk may add on no additional amounts

except for amounts that are required by Sections 27.3a and

27.3c of this Act, Section 16-104c of the Illinois Vehicle

Code, and subsection (a) of Section 5-1101 of the Counties

Code, unless those amounts are specifically waived by the

judge. With respect to money collected by the circuit clerk as

a result of forfeiture of bail, ex parte judgment or guilty

plea pursuant to Supreme Court Rule 529, the circuit clerk

shall first deduct and pay amounts required by Sections 27.3a

and 27.3c of this Act. Unless a court ordered payment schedule

is implemented or fee requirements are waived pursuant to court

order, the clerk of the court may add to any unpaid fees and

costs a delinquency amount equal to 5% of the unpaid fees that

remain unpaid after 30 days, 10% of the unpaid fees that remain

unpaid after 60 days, and 15% of the unpaid fees that remain

unpaid after 90 days. Notice to those parties may be made by

signage posting or publication. The additional delinquency

amounts collected under this Section shall be deposited in the

Circuit Court Clerk Operation and Administrative Fund to be

used to defray administrative costs incurred by the circuit

clerk in performing the duties required to collect and disburse

funds. This Section is a denial and limitation of home rule

powers and functions under subsection (h) of Section 6 of

Article VII of the Illinois Constitution.

(b) In addition to any other fines and court costs assessed

by the courts, any person convicted or receiving an order of

supervision for driving under the influence of alcohol or drugs

shall pay an additional fee of $100 to the clerk of the circuit

court. This amount, less 2 1/2% that shall be used to defray

administrative costs incurred by the clerk, shall be remitted

by the clerk to the Treasurer within 60 days after receipt for

deposit into the Trauma Center Fund. This additional fee of

$100 shall not be considered a part of the fine for purposes of

any reduction in the fine for time served either before or

after sentencing. Not later than March 1 of each year the

Circuit Clerk shall submit a report of the amount of funds

remitted to the State Treasurer under this subsection during

the preceding calendar year.

(b-1) In addition to any other fines and court costs

assessed by the courts, any person convicted or receiving an

order of supervision for driving under the influence of alcohol

or drugs shall pay an additional fee of $5 to the clerk of the

circuit court. This amount, less 2 1/2% that shall be used to

defray administrative costs incurred by the clerk, shall be

remitted by the clerk to the Treasurer within 60 days after

receipt for deposit into the Spinal Cord Injury Paralysis Cure

Research Trust Fund. This additional fee of $5 shall not be

considered a part of the fine for purposes of any reduction in

the fine for time served either before or after sentencing. Not

later than March 1 of each year the Circuit Clerk shall submit

a report of the amount of funds remitted to the State Treasurer

under this subsection during the preceding calendar year.

(c) In addition to any other fines and court costs assessed

by the courts, any person convicted for a violation of Sections

24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or the

Criminal Code of 2012 or a person sentenced for a violation of

the Cannabis Control Act, the Illinois Controlled Substances

Act, or the Methamphetamine Control and Community Protection

Act shall pay an additional fee of $100 to the clerk of the

circuit court. This amount, less 2 1/2% that shall be used to

defray administrative costs incurred by the clerk, shall be

remitted by the clerk to the Treasurer within 60 days after

receipt for deposit into the Trauma Center Fund. This

additional fee of $100 shall not be considered a part of the

fine for purposes of any reduction in the fine for time served

either before or after sentencing. Not later than March 1 of

each year the Circuit Clerk shall submit a report of the amount

of funds remitted to the State Treasurer under this subsection

during the preceding calendar year.

(c-1) In addition to any other fines and court costs

assessed by the courts, any person sentenced for a violation of

the Cannabis Control Act, the Illinois Controlled Substances

Act, or the Methamphetamine Control and Community Protection

Act shall pay an additional fee of $5 to the clerk of the

circuit court. This amount, less 2 1/2% that shall be used to

defray administrative costs incurred by the clerk, shall be

remitted by the clerk to the Treasurer within 60 days after

receipt for deposit into the Spinal Cord Injury Paralysis Cure

Research Trust Fund. This additional fee of $5 shall not be

considered a part of the fine for purposes of any reduction in

the fine for time served either before or after sentencing. Not

later than March 1 of each year the Circuit Clerk shall submit

a report of the amount of funds remitted to the State Treasurer

under this subsection during the preceding calendar year.

(d) The following amounts must be remitted to the State

Treasurer for deposit into the Illinois Animal Abuse Fund:

(1) 50% of the amounts collected for felony offenses

under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,

5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for

Animals Act and Section 26-5 or 48-1 of the Criminal Code

of 1961 or the Criminal Code of 2012;

(2) 20% of the amounts collected for Class A and Class

B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,

5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care

for Animals Act and Section 26-5 or 48-1 of the Criminal

Code of 1961 or the Criminal Code of 2012; and

(3) 50% of the amounts collected for Class C

misdemeanors under Sections 4.01 and 7.1 of the Humane Care

for Animals Act and Section 26-5 or 48-1 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(e) Any person who receives a disposition of court

supervision for a violation of the Illinois Vehicle Code or a

similar provision of a local ordinance shall, in addition to

any other fines, fees, and court costs, pay an additional fee

of $29, to be disbursed as provided in Section 16-104c of the

Illinois Vehicle Code. In addition to the fee of $29, the

person shall also pay a fee of $6, if not waived by the court.

If this $6 fee is collected, $5.50 of the fee shall be

deposited into the Circuit Court Clerk Operation and

Administrative Fund created by the Clerk of the Circuit Court

and 50 cents of the fee shall be deposited into the Prisoner

Review Board Vehicle and Equipment Fund in the State treasury.

(f) This Section does not apply to the additional child

pornography fines assessed and collected under Section

5-9-1.14 of the Unified Code of Corrections.

(g) Any person convicted of or pleading guilty to a serious

traffic violation, as defined in Section 1-187.001 of the

Illinois Vehicle Code, shall pay an additional fee of $35, to

be disbursed as provided in Section 16-104d of that Code. This

subsection (g) becomes inoperative on January 1, 2020.

(h) In all counties having a population of 3,000,000 or

more inhabitants,

(1) A person who is found guilty of or pleads guilty to

violating subsection (a) of Section 11-501 of the Illinois

Vehicle Code, including any person placed on court

supervision for violating subsection (a), shall be fined

$750 as provided for by subsection (f) of Section 11-501.01

of the Illinois Vehicle Code, payable to the circuit clerk,

who shall distribute the money pursuant to subsection (f)

of Section 11-501.01 of the Illinois Vehicle Code.

(2) When a crime laboratory DUI analysis fee of $150,

provided for by Section 5-9-1.9 of the Unified Code of

Corrections is assessed, it shall be disbursed by the

circuit clerk as provided by subsection (f) of Section

5-9-1.9 of the Unified Code of Corrections.

(3) When a fine for a violation of Section 11-605.1 of

the Illinois Vehicle Code is $250 or greater, the person

who violated that Section shall be charged an additional

$125 as provided for by subsection (e) of Section 11-605.1

of the Illinois Vehicle Code, which shall be disbursed by

the circuit clerk to a State or county Transportation

Safety Highway Hire-back Fund as provided by subsection (e)

of Section 11-605.1 of the Illinois Vehicle Code.

(4) When a fine for a violation of subsection (a) of

Section 11-605 of the Illinois Vehicle Code is $150 or

greater, the additional $50 which is charged as provided

for by subsection (f) of Section 11-605 of the Illinois

Vehicle Code shall be disbursed by the circuit clerk to a

school district or districts for school safety purposes as

provided by subsection (f) of Section 11-605.

(5) When a fine for a violation of subsection (a) of

Section 11-1002.5 of the Illinois Vehicle Code is $150 or

greater, the additional $50 which is charged as provided

for by subsection (c) of Section 11-1002.5 of the Illinois

Vehicle Code shall be disbursed by the circuit clerk to a

school district or districts for school safety purposes as

provided by subsection (c) of Section 11-1002.5 of the

Illinois Vehicle Code.

(6) When a mandatory drug court fee of up to $5 is

assessed as provided in subsection (f) of Section 5-1101 of

the Counties Code, it shall be disbursed by the circuit

clerk as provided in subsection (f) of Section 5-1101 of

the Counties Code.

(7) When a mandatory teen court, peer jury, youth

court, or other youth diversion program fee is assessed as

provided in subsection (e) of Section 5-1101 of the

Counties Code, it shall be disbursed by the circuit clerk

as provided in subsection (e) of Section 5-1101 of the

Counties Code.

(8) When a Children's Advocacy Center fee is assessed

pursuant to subsection (f-5) of Section 5-1101 of the

Counties Code, it shall be disbursed by the circuit clerk

as provided in subsection (f-5) of Section 5-1101 of the

Counties Code.

(9) When a victim impact panel fee is assessed pursuant

to subsection (b) of Section 11-501.01 of the Vehicle Code,

it shall be disbursed by the circuit clerk to the victim

impact panel to be attended by the defendant.

(10) When a new fee collected in traffic cases is

enacted after the effective date of this subsection (h), it

shall be excluded from the percentage disbursement

provisions of this Section unless otherwise indicated by

law.

(i) Of the amounts collected as fines under subsection (b)

of Section 3-712 of the Illinois Vehicle Code, 99% shall be

deposited into the Illinois Military Family Relief Fund and 1%

shall be deposited into the Circuit Court Clerk Operation and

Administrative Fund created by the Clerk of the Circuit Court

to be used to offset the costs incurred by the Circuit Court

Clerk in performing the additional duties required to collect

and disburse funds to entities of State and local government as

provided by law.

(j) (Blank).

(k) For any conviction or disposition of court supervision

for a violation of Section 11-1429 of the Illinois Vehicle

Code, the circuit clerk shall distribute the fines paid by the

person as specified by subsection (h) of Section 11-1429 of the

Illinois Vehicle Code.

(l) Any person who receives a disposition of court

supervision for a violation of Section 11-501 of the Illinois

Vehicle Code or a similar provision of a local ordinance shall,

in addition to any other fines, fees, and court costs, pay an

additional fee of $50, which shall be collected by the circuit

clerk and then remitted to the State Treasurer for deposit into

the Roadside Memorial Fund, a special fund in the State

treasury. However, the court may waive the fee if full

restitution is complied with. Subject to appropriation, all

moneys in the Roadside Memorial Fund shall be used by the

Department of Transportation to pay fees imposed under

subsection (f) of Section 20 of the Roadside Memorial Act. The

fee shall be remitted by the circuit clerk within one month

after receipt to the State Treasurer for deposit into the

Roadside Memorial Fund.

(m) Of the amounts collected as fines under subsection (c)

of Section 411.4 of the Illinois Controlled Substances Act or

subsection (c) of Section 90 of the Methamphetamine Control and

Community Protection Act, 99% shall be deposited to the law

enforcement agency or fund specified and 1% shall be deposited

into the Circuit Court Clerk Operation and Administrative Fund

to be used to offset the costs incurred by the Circuit Court

Clerk in performing the additional duties required to collect

and disburse funds to entities of State and local government as

provided by law.

(n) In addition to any other fines and court costs assessed

by the courts, any person who is convicted of or pleads guilty

to a violation of the Criminal Code of 1961 or the Criminal

Code of 2012, or a similar provision of a local ordinance, or

who is convicted of, pleads guilty to, or receives a

disposition of court supervision for a violation of the

Illinois Vehicle Code, or a similar provision of a local

ordinance, shall pay an additional fee of $15 to the clerk of

the circuit court. This additional fee of $15 shall not be

considered a part of the fine for purposes of any reduction in

the fine for time served either before or after sentencing.

This amount, less 2.5% that shall be used to defray

administrative costs incurred by the clerk, shall be remitted

by the clerk to the State Treasurer within 60 days after

receipt for deposit into the State Police Merit Board Public

Safety Fund.

(o) The amounts collected as fines under Sections 10-9,

11-14.1, 11-14.3, and 11-18 of the Criminal Code of 2012 shall

be collected by the circuit clerk and distributed as provided

under Section 5-9-1.21 of the Unified Code of Corrections in

lieu of any disbursement under subsection (a) of this Section.

(Source: P.A. 97-434, eff. 1-1-12; 97-1051, eff. 1-1-13;

97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-658, eff.

6-23-14; 98-1013, eff. 1-1-15; revised 10-2-14.)

Section 480. The Juvenile Court Act of 1987 is amended by

changing Sections 3-40, 5-105, and 5-301 as follows:

(705 ILCS 405/3-40)

Sec. 3-40. Minors involved in electronic dissemination of

indecent visual depictions in need of supervision.

(a) For the purposes of this Section:

"Computer" has the meaning ascribed to it in Section 17-0.5

of the Criminal Code of 2012.

"Electronic communication device" means an electronic

device, including but not limited to a wireless telephone,

personal digital assistant, or a portable or mobile computer,

that is capable of transmitting images or pictures.

"Indecent visual depiction" means a depiction or portrayal

in any pose, posture, or setting involving a lewd exhibition of

the unclothed or transparently clothed genitals, pubic area,

buttocks, or, if such person is female, a fully or partially

developed breast of the person.

"Minor" means a person under 18 years of age.

(b) A minor shall not distribute or disseminate an indecent

visual depiction of another minor through the use of a computer

or electronic communication device.

(c) Adjudication. A minor who violates subsection (b) of

this Section may be subject to a petition for adjudication and

adjudged a minor in need of supervision.

(d) Kinds of dispositional orders. A minor found to be in

need of supervision under this Section may be:

(1) ordered to obtain counseling or other supportive

services to address the acts that led to the need for

supervision; or

(2) ordered to perform community service.

(e) Nothing in this Section shall be construed to prohibit

a prosecution for disorderly conduct, public indecency, child

pornography, a violation of Article 26.5 (Harassing and Obscene

Communications) of the Criminal Code of 2012, or any other

applicable provision of law.

(Source: P.A. 96-1087, eff. 1-1-11; 97-1108, eff. 1-1-13;

97-1150, eff. 1-25-13; revised 12-10-14.)

(705 ILCS 405/5-105)

Sec. 5-105. Definitions. As used in this Article:

(1) "Aftercare release" means the conditional and

revocable release of an adjudicated delinquent juvenile

committed to the Department of Juvenile Justice under the

supervision of the Department of Juvenile Justice.

(1.5) "Court" means the circuit court in a session or

division assigned to hear proceedings under this Act, and

includes the term Juvenile Court.

(2) "Community service" means uncompensated labor for

a community service agency as hereinafter defined.

(2.5) "Community service agency" means a

not-for-profit organization, community organization,

church, charitable organization, individual, public

office, or other public body whose purpose is to enhance

the physical or mental health of a delinquent minor or to

rehabilitate the minor, or to improve the environmental

quality or social welfare of the community which agrees to

accept community service from juvenile delinquents and to

report on the progress of the community service to the

State's Attorney pursuant to an agreement or to the court

or to any agency designated by the court or to the

authorized diversion program that has referred the

delinquent minor for community service.

(3) "Delinquent minor" means any minor who prior to his

or her 18th birthday has violated or attempted to violate,

regardless of where the act occurred, any federal, State,

county or municipal law or ordinance.

(4) "Department" means the Department of Human

Services unless specifically referenced as another

department.

(5) "Detention" means the temporary care of a minor who

is alleged to be or has been adjudicated delinquent and who

requires secure custody for the minor's own protection or

the community's protection in a facility designed to

physically restrict the minor's movements, pending

disposition by the court or execution of an order of the

court for placement or commitment. Design features that

physically restrict movement include, but are not limited

to, locked rooms and the secure handcuffing of a minor to a

rail or other stationary object. In addition, "detention"

includes the court ordered care of an alleged or

adjudicated delinquent minor who requires secure custody

pursuant to Section 5-125 of this Act.

(6) "Diversion" means the referral of a juvenile,

without court intervention, into a program that provides

services designed to educate the juvenile and develop a

productive and responsible approach to living in the

community.

(7) "Juvenile detention home" means a public facility

with specially trained staff that conforms to the county

juvenile detention standards adopted by the Department of

Juvenile Justice.

(8) "Juvenile justice continuum" means a set of

delinquency prevention programs and services designed for

the purpose of preventing or reducing delinquent acts,

including criminal activity by youth gangs, as well as

intervention, rehabilitation, and prevention services

targeted at minors who have committed delinquent acts, and

minors who have previously been committed to residential

treatment programs for delinquents. The term includes

children-in-need-of-services and

families-in-need-of-services programs; aftercare and

reentry services; substance abuse and mental health

programs; community service programs; community service

work programs; and alternative-dispute resolution programs

serving youth-at-risk of delinquency and their families,

whether offered or delivered by State or local governmental

entities, public or private for-profit or not-for-profit

organizations, or religious or charitable organizations.

This term would also encompass any program or service

consistent with the purpose of those programs and services

enumerated in this subsection.

(9) "Juvenile police officer" means a sworn police

officer who has completed a Basic Recruit Training Course,

has been assigned to the position of juvenile police

officer by his or her chief law enforcement officer and has

completed the necessary juvenile officers training as

prescribed by the Illinois Law Enforcement Training

Standards Board, or in the case of a State police officer,

juvenile officer training approved by the Director of State

Police.

(10) "Minor" means a person under the age of 21 years

subject to this Act.

(11) "Non-secure custody" means confinement where the

minor is not physically restricted by being placed in a

locked cell or room, by being handcuffed to a rail or other

stationary object, or by other means. Non-secure custody

may include, but is not limited to, electronic monitoring,

foster home placement, home confinement, group home

placement, or physical restriction of movement or activity

solely through facility staff.

(12) "Public or community service" means uncompensated

labor for a not-for-profit organization or public body

whose purpose is to enhance physical or mental stability of

the offender, environmental quality or the social welfare

and which agrees to accept public or community service from

offenders and to report on the progress of the offender and

the public or community service to the court or to the

authorized diversion program that has referred the

offender for public or community service. "Public or

community service" does not include blood donation or

assignment to labor at a blood bank. For the purposes of

this Act, "blood bank" has the meaning ascribed to the term

in Section 2-124 of the Illinois Clinical Laboratory and

Blood Bank Act.

(13) "Sentencing hearing" means a hearing to determine

whether a minor should be adjudged a ward of the court, and

to determine what sentence should be imposed on the minor.

It is the intent of the General Assembly that the term

"sentencing hearing" replace the term "dispositional

hearing" and be synonymous with that definition as it was

used in the Juvenile Court Act of 1987.

(14) "Shelter" means the temporary care of a minor in

physically unrestricting facilities pending court

disposition or execution of court order for placement.

(15) "Site" means a not-for-profit organization,

public body, church, charitable organization, or

individual agreeing to accept community service from

offenders and to report on the progress of ordered or

required public or community service to the court or to the

authorized diversion program that has referred the

offender for public or community service.

(16) "Station adjustment" means the informal or formal

handling of an alleged offender by a juvenile police

officer.

(17) "Trial" means a hearing to determine whether the

allegations of a petition under Section 5-520 that a minor

is delinquent are proved beyond a reasonable doubt. It is

the intent of the General Assembly that the term "trial"

replace the term "adjudicatory hearing" and be synonymous

with that definition as it was used in the Juvenile Court

Act of 1987.

The changes made to this Section by Public Act 98-61 apply

to violations or attempted violations committed on or after

January 1, 2014 (the effective date of Public Act 98-61).

(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685,

eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; revised

10-2-14.)

(705 ILCS 405/5-301)

Sec. 5-301. Station adjustments. A minor arrested for any

offense or a violation of a condition of previous station

adjustment may receive a station adjustment for that arrest as

provided herein. In deciding whether to impose a station

adjustment, either informal or formal, a juvenile police

officer shall consider the following factors:

(A) The seriousness of the alleged offense.

(B) The prior history of delinquency of the minor.

(C) The age of the minor.

(D) The culpability of the minor in committing the

alleged offense.

(E) Whether the offense was committed in an aggressive

or premeditated manner.

(F) Whether the minor used or possessed a deadly weapon

when committing the alleged offenses.

(1) Informal station adjustment.

(a) An informal station adjustment is defined as a

procedure when a juvenile police officer determines that

there is probable cause to believe that the minor has

committed an offense.

(b) A minor shall receive no more than 3 informal

station adjustments statewide for a misdemeanor offense

within 3 years without prior approval from the State's

Attorney's Office.

(c) A minor shall receive no more than 3 informal

station adjustments statewide for a felony offense within 3

years without prior approval from the State's Attorney's

Office.

(d) A minor shall receive a combined total of no more

than 5 informal station adjustments statewide during his or

her minority.

(e) The juvenile police officer may make reasonable

conditions of an informal station adjustment which may

include but are not limited to:

(i) Curfew.

(ii) Conditions restricting entry into designated

geographical areas.

(iii) No contact with specified persons.

(iv) School attendance.

(v) Performing up to 25 hours of community service

work.

(vi) Community mediation.

(vii) Teen court or a peer court.

(viii) Restitution limited to 90 days.

(f) If the minor refuses or fails to abide by the

conditions of an informal station adjustment, the juvenile

police officer may impose a formal station adjustment or

refer the matter to the State's Attorney's Office.

(g) An informal station adjustment does not constitute

an adjudication of delinquency or a criminal conviction.

Beginning January 1, 2000, a record shall be maintained

with the Department of State Police for informal station

adjustments for offenses that would be a felony if

committed by an adult, and may be maintained if the offense

would be a misdemeanor.

(2) Formal station adjustment.

(a) A formal station adjustment is defined as a

procedure when a juvenile police officer determines that

there is probable cause to believe the minor has committed

an offense and an admission by the minor of involvement in

the offense.

(b) The minor and parent, guardian, or legal custodian

must agree in writing to the formal station adjustment and

must be advised of the consequences of violation of any

term of the agreement.

(c) The minor and parent, guardian or legal custodian

shall be provided a copy of the signed agreement of the

formal station adjustment. The agreement shall include:

(i) The offense which formed the basis of the

formal station adjustment.

(ii) An acknowledgment that the terms of the formal

station adjustment and the consequences for violation

have been explained.

(iii) An acknowledgment that the formal station

adjustments record may be expunged under Section 5-915

of this Act.

(iv) An acknowledgement that the minor understands

that his or her admission of involvement in the offense

may be admitted into evidence in future court hearings.

(v) A statement that all parties understand the

terms and conditions of formal station adjustment and

agree to the formal station adjustment process.

(d) Conditions of the formal station adjustment may

include, but are not be limited to:

(i) The time shall not exceed 120 days.

(ii) The minor shall not violate any laws.

(iii) The juvenile police officer may require the

minor to comply with additional conditions for the

formal station adjustment which may include but are not

limited to:

(a) Attending school.

(b) Abiding by a set curfew.

(c) Payment of restitution.

(d) Refraining from possessing a firearm or

other weapon.

(e) Reporting to a police officer at

designated times and places, including reporting

and verification that the minor is at home at

designated hours.

(f) Performing up to 25 hours of community

service work.

(g) Refraining from entering designated

geographical areas.

(h) Participating in community mediation.

(i) Participating in teen court or peer court.

(j) Refraining from contact with specified

persons.

(e) A formal station adjustment does not constitute an

adjudication of delinquency or a criminal conviction.

Beginning January 1, 2000, a record shall be maintained

with the Department of State Police for formal station

adjustments.

(f) A minor or the minor's parent, guardian, or legal

custodian, or both the minor and the minor's parent,

guardian, or legal custodian, may refuse a formal station

adjustment and have the matter referred for court action or

other appropriate action.

(g) A minor or the minor's parent, guardian, or legal

custodian, or both the minor and the minor's parent,

guardian, or legal custodian, may within 30 days of the

commencement of the formal station adjustment revoke their

consent and have the matter referred for court action or

other appropriate action. This revocation must be in

writing and personally served upon the police officer or

his or her supervisor.

(h) The admission of the minor as to involvement in the

offense shall be admissible at further court hearings as

long as the statement would be admissible under the rules

of evidence.

(i) If the minor violates any term or condition of the

formal station adjustment the juvenile police officer

shall provide written notice of violation to the minor and

the minor's parent, guardian, or legal custodian. After

consultation with the minor and the minor's parent,

guardian, or legal custodian, the juvenile police officer

may take any of the following steps upon violation:

(i) Warn the minor of consequences of continued

violations and continue the formal station adjustment.

(ii) Extend the period of the formal station

adjustment up to a total of 180 days.

(iii) Extend the hours of community service work up

to a total of 40 hours.

(iv) Terminate the formal station adjustment

unsatisfactorily and take no other action.

(v) Terminate the formal station adjustment

unsatisfactorily and refer the matter to the juvenile

court.

(j) A minor shall receive no more than 2 formal station

adjustments statewide for a felony offense without the

State's Attorney's approval within a 3 year period.

(k) A minor shall receive no more than 3 formal station

adjustments statewide for a misdemeanor offense without

the State's Attorney's approval within a 3 year period.

(l) The total for formal station adjustments statewide

within the period of minority may not exceed 4 without the

State's Attorney's approval.

(m) If the minor is arrested in a jurisdiction where

the minor does not reside, the formal station adjustment

may be transferred to the jurisdiction where the minor does

reside upon written agreement of that jurisdiction to

monitor the formal station adjustment.

(3) Beginning January 1, 2000, the juvenile police officer

making a station adjustment shall assure that information about

any offense which would constitute a felony if committed by an

adult and may assure that information about a misdemeanor is

transmitted to the Department of State Police.

(4) The total number of station adjustments, both formal

and informal, shall not exceed 9 without the State's Attorney's

approval for any minor arrested anywhere in the State.

(Source: P.A. 90-590, eff. 1-1-99; revised 12-10-14.)

Section 485. The Criminal Code of 2012 is amended by

changing Sections 12-2, 33E-14, 36-1, and 36-2 as follows:

(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)

Sec. 12-2. Aggravated assault.

(a) Offense based on location of conduct. A person commits

aggravated assault when he or she commits an assault against an

individual who is on or about a public way, public property, a

public place of accommodation or amusement, or a sports venue.

(b) Offense based on status of victim. A person commits

aggravated assault when, in committing an assault, he or she

knows the individual assaulted to be any of the following:

(1) A physically handicapped person or a person 60

years of age or older and the assault is without legal

justification.

(2) A teacher or school employee upon school grounds or

grounds adjacent to a school or in any part of a building

used for school purposes.

(3) A park district employee upon park grounds or

grounds adjacent to a park or in any part of a building

used for park purposes.

(4) A peace officer, community policing volunteer,

fireman, private security officer, emergency management

worker, emergency medical technician, or utility worker:

(i) performing his or her official duties;

(ii) assaulted to prevent performance of his or her

official duties; or

(iii) assaulted in retaliation for performing his

or her official duties.

(5) A correctional officer or probation officer:

(i) performing his or her official duties;

(ii) assaulted to prevent performance of his or her

official duties; or

(iii) assaulted in retaliation for performing his

or her official duties.

(6) A correctional institution employee, a county

juvenile detention center employee who provides direct and

continuous supervision of residents of a juvenile

detention center, including a county juvenile detention

center employee who supervises recreational activity for

residents of a juvenile detention center, or a Department

of Human Services employee, Department of Human Services

officer, or employee of a subcontractor of the Department

of Human Services supervising or controlling sexually

dangerous persons or sexually violent persons:

(i) performing his or her official duties;

(ii) assaulted to prevent performance of his or her

official duties; or

(iii) assaulted in retaliation for performing his

or her official duties.

(7) An employee of the State of Illinois, a municipal

corporation therein, or a political subdivision thereof,

performing his or her official duties.

(8) A transit employee performing his or her official

duties, or a transit passenger.

(9) A sports official or coach actively participating

in any level of athletic competition within a sports venue,

on an indoor playing field or outdoor playing field, or

within the immediate vicinity of such a facility or field.

(10) A person authorized to serve process under Section

2-202 of the Code of Civil Procedure or a special process

server appointed by the circuit court, while that

individual is in the performance of his or her duties as a

process server.

(c) Offense based on use of firearm, device, or motor

vehicle. A person commits aggravated assault when, in

committing an assault, he or she does any of the following:

(1) Uses a deadly weapon, an air rifle as defined in

Section 24.8-0.1 of this Act the Air Rifle Act, or any

device manufactured and designed to be substantially

similar in appearance to a firearm, other than by

discharging a firearm.

(2) Discharges a firearm, other than from a motor

vehicle.

(3) Discharges a firearm from a motor vehicle.

(4) Wears a hood, robe, or mask to conceal his or her

identity.

(5) Knowingly and without lawful justification shines

or flashes a laser gun sight or other laser device attached

to a firearm, or used in concert with a firearm, so that

the laser beam strikes near or in the immediate vicinity of

any person.

(6) Uses a firearm, other than by discharging the

firearm, against a peace officer, community policing

volunteer, fireman, private security officer, emergency

management worker, emergency medical technician, employee

of a police department, employee of a sheriff's department,

or traffic control municipal employee:

(i) performing his or her official duties;

(ii) assaulted to prevent performance of his or her

official duties; or

(iii) assaulted in retaliation for performing his

or her official duties.

(7) Without justification operates a motor vehicle in a

manner which places a person, other than a person listed in

subdivision (b)(4), in reasonable apprehension of being

struck by the moving motor vehicle.

(8) Without justification operates a motor vehicle in a

manner which places a person listed in subdivision (b)(4),

in reasonable apprehension of being struck by the moving

motor vehicle.

(9) Knowingly video or audio records the offense with

the intent to disseminate the recording.

(d) Sentence. Aggravated assault as defined in subdivision

(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),

(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that

aggravated assault as defined in subdivision (b)(4) and (b)(7)

is a Class 4 felony if a Category I, Category II, or Category

III weapon is used in the commission of the assault. Aggravated

assault as defined in subdivision (b)(5), (b)(6), (b)(10),

(c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.

Aggravated assault as defined in subdivision (c)(3) or (c)(8)

is a Class 3 felony.

(e) For the purposes of this Section, "Category I weapon",

"Category II weapon, and "Category III weapon" have the

meanings ascribed to those terms in Section 33A-1 of this Code.

(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12;

97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff.

1-1-14; revised 12-10-14.)

(720 ILCS 5/33E-14)

Sec. 33E-14. False statements on vendor applications.

(a) A person commits false statements on vendor

applications when he or she knowingly makes any false statement

or report, with the intent to influence in any way the action

of any unit of local government or school district in

considering a vendor application.

(b) Sentence. False statements on vendor applications is a

Class 3 felony.

(Source: P.A. 97-1108, eff. 1-1-13; revised 12-10-14.)

(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)

Sec. 36-1. Seizure.

(a) Any vessel or watercraft, vehicle, or aircraft may be

seized and impounded by the law enforcement agency if the

vessel or watercraft, vehicle, or aircraft is used with the

knowledge and consent of the owner in the commission of, or in

the attempt to commit as defined in Section 8-4 of this Code,

an offense prohibited by:

(1) an offense prohibited by Section 9-1 (first degree

murder), Section 9-3 (involuntary manslaughter and

reckless homicide), Section 10-2 (aggravated kidnaping),

Section 11-1.20 (criminal sexual assault), Section 11-1.30

(aggravated criminal sexual assault), Section 11-1.40

(predatory criminal sexual assault of a child), subsection

(a) of Section 11-1.50 (criminal sexual abuse), subsection

(a), (c), or (d) of Section 11-1.60 (aggravated criminal

sexual abuse), Section 11-6 (indecent solicitation of a

child), Section 11-14.4 (promoting juvenile prostitution

except for keeping a place of juvenile prostitution),

Section 11-20.1 (child pornography), paragraph (a)(1),

(a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),

(e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05

(aggravated battery), Section 12-7.3 (stalking), Section

12-7.4 (aggravated stalking), Section 16-1 (theft if the

theft is of precious metal or of scrap metal), subdivision

(f)(2) or (f)(3) of Section 16-25 (retail theft), Section

18-2 (armed robbery), Section 19-1 (burglary), Section

19-2 (possession of burglary tools), Section 19-3

(residential burglary), Section 20-1 (arson; residential

arson; place of worship arson), Section 20-2 (possession of

explosives or explosive or incendiary devices),

subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use

of weapons), Section 24-1.2 (aggravated discharge of a

firearm), Section 24-1.2-5 (aggravated discharge of a

machine gun or a firearm equipped with a device designed or

used for silencing the report of a firearm), Section 24-1.5

(reckless discharge of a firearm), Section 28-1

(gambling), or Section 29D-15.2 (possession of a deadly

substance) of this Code;

(2) an offense prohibited by Section 21, 22, 23, 24 or

26 of the Cigarette Tax Act if the vessel or watercraft,

vehicle, or aircraft contains more than 10 cartons of such

cigarettes;

(3) an offense prohibited by Section 28, 29, or 30 of

the Cigarette Use Tax Act if the vessel or watercraft,

vehicle, or aircraft contains more than 10 cartons of such

cigarettes;

(4) an offense prohibited by Section 44 of the

Environmental Protection Act;

(5) an offense prohibited by Section 11-204.1 of the

Illinois Vehicle Code (aggravated fleeing or attempting to

elude a peace officer);

(6) an offense prohibited by Section 11-501 of the

Illinois Vehicle Code (driving while under the influence of

alcohol or other drug or drugs, intoxicating compound or

compounds or any combination thereof) or a similar

provision of a local ordinance, and:

(A) during a period in which his or her driving

privileges are revoked or suspended if the revocation

or suspension was for:

(i) Section 11-501 (driving under the

influence of alcohol or other drug or drugs,

intoxicating compound or compounds or any

combination thereof),

(ii) Section 11-501.1 (statutory summary

suspension or revocation),

(iii) paragraph (b) of Section 11-401 (motor

vehicle accidents involving death or personal

injuries), or

(iv) reckless homicide as defined in Section

9-3 of this Code;

(B) has been previously convicted of reckless

homicide or a similar provision of a law of another

state relating to reckless homicide in which the person

was determined to have been under the influence of

alcohol, other drug or drugs, or intoxicating compound

or compounds as an element of the offense or the person

has previously been convicted of committing a

violation of driving under the influence of alcohol or

other drug or drugs, intoxicating compound or

compounds or any combination thereof and was involved

in a motor vehicle accident that resulted in death,

great bodily harm, or permanent disability or

disfigurement to another, when the violation was a

proximate cause of the death or injuries;

(C) the person committed a violation of driving

under the influence of alcohol or other drug or drugs,

intoxicating compound or compounds or any combination

thereof under Section 11-501 of the Illinois Vehicle

Code or a similar provision for the third or subsequent

time;

(D) he or she did not possess a valid driver's

license or permit or a valid restricted driving permit

or a valid judicial driving permit or a valid

monitoring device driving permit; or

(E) he or she knew or should have known that the

vehicle he or she was driving was not covered by a

liability insurance policy;

(7) an offense described in subsection (g) of Section

6-303 of the Illinois Vehicle Code;

(8) an offense described in subsection (e) of Section

6-101 of the Illinois Vehicle Code; or

(9)(A) (i) (1) operating a watercraft under the

influence of alcohol, other drug or drugs, intoxicating

compound or compounds, or combination thereof under

Section 5-16 of the Boat Registration and Safety Act during

a period in which his or her privileges to operate a

watercraft are revoked or suspended and the revocation or

suspension was for operating a watercraft under the

influence of alcohol, other drug or drugs, intoxicating

compound or compounds, or combination thereof; (B) (2)

operating a watercraft under the influence of alcohol,

other drug or drugs, intoxicating compound or compounds, or

combination thereof and has been previously convicted of

reckless homicide or a similar provision of a law in

another state relating to reckless homicide in which the

person was determined to have been under the influence of

alcohol, other drug or drugs, intoxicating compound or

compounds, or combination thereof as an element of the

offense or the person has previously been convicted of

committing a violation of operating a watercraft under the

influence of alcohol, other drug or drugs, intoxicating

compound or compounds, or combination thereof and was

involved in an accident that resulted in death, great

bodily harm, or permanent disability or disfigurement to

another, when the violation was a proximate cause of the

death or injuries; or (C) (3) the person committed a

violation of operating a watercraft under the influence of

alcohol, other drug or drugs, intoxicating compound or

compounds, or combination thereof under Section 5-16 of the

Boat Registration and Safety Act or a similar provision for

the third or subsequent time;. or watercraft or watercraft

(b) In addition, any mobile or portable equipment used in

the commission of an act which is in violation of Section 7g of

the Metropolitan Water Reclamation District Act shall be

subject to seizure and forfeiture under the same procedures

provided in this Article for the seizure and forfeiture of

vessels or watercraft, vehicles, and aircraft, and any such

equipment shall be deemed a vessel or watercraft, vehicle, or

aircraft for purposes of this Article.

(c) In addition, when a person discharges a firearm at

another individual from a vehicle with the knowledge and

consent of the owner of the vehicle and with the intent to

cause death or great bodily harm to that individual and as a

result causes death or great bodily harm to that individual,

the vehicle shall be subject to seizure and forfeiture under

the same procedures provided in this Article for the seizure

and forfeiture of vehicles used in violations of clauses (1),

(2), (3), or (4) of subsection (a) of this Section.

(d) If the spouse of the owner of a vehicle seized for an

offense described in subsection (g) of Section 6-303 of the

Illinois Vehicle Code, a violation of subdivision (d)(1)(A),

(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section

11-501 of the Illinois Vehicle Code, or Section 9-3 of this

Code makes a showing that the seized vehicle is the only source

of transportation and it is determined that the financial

hardship to the family as a result of the seizure outweighs the

benefit to the State from the seizure, the vehicle may be

forfeited to the spouse or family member and the title to the

vehicle shall be transferred to the spouse or family member who

is properly licensed and who requires the use of the vehicle

for employment or family transportation purposes. A written

declaration of forfeiture of a vehicle under this Section shall

be sufficient cause for the title to be transferred to the

spouse or family member. The provisions of this paragraph shall

apply only to one forfeiture per vehicle. If the vehicle is the

subject of a subsequent forfeiture proceeding by virtue of a

subsequent conviction of either spouse or the family member,

the spouse or family member to whom the vehicle was forfeited

under the first forfeiture proceeding may not utilize the

provisions of this paragraph in another forfeiture proceeding.

If the owner of the vehicle seized owns more than one vehicle,

the procedure set out in this paragraph may be used for only

one vehicle.

(e) In addition, property declared contraband under

Section 40 of the Illinois Streetgang Terrorism Omnibus

Prevention Act may be seized and forfeited under this Article.

(Source: P.A. 97-333, eff. 8-12-11; 97-1109, eff. 1-1-13;

97-1150, eff. 1-25-13; 98-699, eff. 1-1-15; 98-1020, eff.

8-22-14; revised 9-30-14.)

(720 ILCS 5/36-2) (from Ch. 38, par. 36-2)

Sec. 36-2. Action for forfeiture.

(a) The State's Attorney in the county in which such

seizure occurs if he or she finds that the forfeiture was

incurred without willful negligence or without any intention on

the part of the owner of the vessel or watercraft, vehicle or

aircraft or any person whose right, title or interest is of

record as described in Section 36-1, to violate the law, or

finds the existence of such mitigating circumstances as to

justify remission of the forfeiture, may cause the law

enforcement agency to remit the same upon such terms and

conditions as the State's Attorney deems reasonable and just.

The State's Attorney shall exercise his or her discretion under

the foregoing provision of this Section 36-2(a) prior to or

promptly after the preliminary review under Section 36-1.5.

(b) If the State's Attorney does not cause the forfeiture

to be remitted he or she shall forthwith bring an action for

forfeiture in the Circuit Court within whose jurisdiction the

seizure and confiscation has taken place. The State's Attorney

shall give notice of seizure and the forfeiture proceeding to

each person according to the following method: upon each person

whose right, title, or interest is of record in the office of

the Secretary of State, the Secretary of Transportation, the

Administrator of the Federal Aviation Agency, or any other

department of this State, or any other state of the United

States if the vessel or watercraft, vehicle, or aircraft is

required to be so registered, as the case may be, by delivering

the notice and complaint in open court or by certified mail to

the address as given upon the records of the Secretary of

State, the Division of Aeronautics of the Department of

Transportation, the Capital Development Board, or any other

department of this State or the United States if the vessel or

watercraft, vehicle, or aircraft is required to be so

registered.

(c) The owner of the seized vessel or watercraft, vehicle,

or aircraft or any person whose right, title, or interest is of

record as described in Section 36-1, may within 20 days after

delivery in open court or the mailing of such notice file a

verified answer to the Complaint and may appear at the hearing

on the action for forfeiture.

(d) The State shall show at such hearing by a preponderance

of the evidence, that such vessel or watercraft, vehicle, or

aircraft was used in the commission of an offense described in

Section 36-1.

(e) The owner of such vessel or watercraft, vehicle, or

aircraft or any person whose right, title, or interest is of

record as described in Section 36-1, may show by a

preponderance of the evidence that he did not know, and did not

have reason to know, that the vessel or watercraft, vehicle, or

aircraft was to be used in the commission of such an offense or

that any of the exceptions set forth in Section 36-3 are

applicable.

(f) Unless the State shall make such showing, the Court

shall order such vessel or watercraft, vehicle, or aircraft

released to the owner. Where the State has made such showing,

the Court may order the vessel or watercraft, vehicle, or

aircraft destroyed or may order it forfeited to any local,

municipal or county law enforcement agency, or the Department

of State Police or the Department of Revenue of the State of

Illinois.

(g) A copy of the order shall be filed with the law

enforcement agency, and with each Federal or State office or

agency with which such vessel or watercraft, vehicle, or

aircraft is required to be registered. Such order, when filed,

constitutes authority for the issuance of clear title to such

vessel or watercraft, vehicle, or aircraft, to the department

or agency to whom it is delivered or any purchaser thereof. The

law enforcement agency shall comply promptly with instructions

to remit received from the State's Attorney or Attorney General

in accordance with Sections 36-2(a) or 36-3.

(h) The proceeds of any sale at public auction pursuant to

Section 36-2 of this Act, after payment of all liens and

deduction of the reasonable charges and expenses incurred by

the State's Attorney's Office shall be paid to the law

enforcement agency having seized the vehicle for forfeiture.

(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;

revised 10-1-14.)

Section 490. The Cannabis Control Act is amended by

changing Section 15.2 as follows:

(720 ILCS 550/15.2)

Sec. 15.2. Industrial hemp pilot program.

(a) Pursuant to Section 7606 of the federal Agricultural

Act of 2014, an institution of higher education or the

Department of Agriculture may grow or cultivate industrial hemp

if:

(1) the industrial hemp is grown or cultivated for

purposes of research conducted under an agricultural pilot

program or other agricultural or academic research;

(2) the pilot program studies the growth, cultivation,

or marketing of industrial hemp; and

(3) any site used for the growing or cultivating of

industrial hemp is certified by, and registered with, the

Department of Agriculture.

(b) Before conducting industrial hemp research, an

institution of higher education shall notify the Department of

Agriculture and any local law enforcement agency in writing.

(c) The institution of higher education shall provide

quarterly reports and an annual report to the Department of

Agriculture on the research and the research program shall be

subject to random inspection by the Department of Agriculture,

the Department of State Police, or local law enforcement

agencies. The institution of higher education shall submit the

annual report to the Department of Agriculture on or before

October 1.

(d) The Department of Agriculture may adopt rules to

implement this Section. In order to provide for the expeditious

and timely implementation of this Section, upon notification by

an institution of higher education that the institution wishes

to engage in the growth or cultivation of industrial hemp for

agricultural research purposes, the Department of Agriculture

may adopt emergency rules under Section 5-45 of the Illinois

Administrative Procedure Act to implement the provisions of

this Section. If changes to the rules are required to comply

with federal rules, the Department of Agriculture may adopt

peremptory rules as necessary to comply with changes to

corresponding federal rules. All other rules that the

Department of Agriculture deems necessary to adopt in

connection with this Section must proceed through the ordinary

rule-making process. The adoption of emergency rules

authorized by this Section shall be deemed to be necessary for

the public interest, safety, and welfare.

The Department of Agriculture may determine, by rule, the

duration of an institution of higher education's pilot program

or industrial hemp research. If the institution of higher

education has not completed its program within the timeframe

established by rule, then the Department of Agriculture may

grant an extension to the pilot program if unanticipated

circumstances arose that impacted the program.

(e) As used in this Section:

"Industrial hemp" means cannabis sativa L. having no more

than 0.3% total THC available, upon heating, or maximum delta-9

tetrahydrocannabinol content possible.

"Institution of higher education" means a State

institution of higher education that offers a 4-year degree in

agricultural science.

(Source: P.A. 98-1072, eff. 1-1-15; revised 12-10-14.)

Section 495. The Illinois Controlled Substances Act is

amended by changing Sections 102 and 312 as follows:

(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)

Sec. 102. Definitions. As used in this Act, unless the

context otherwise requires:

(a) "Addict" means any person who habitually uses any drug,

chemical, substance or dangerous drug other than alcohol so as

to endanger the public morals, health, safety or welfare or who

is so far addicted to the use of a dangerous drug or controlled

substance other than alcohol as to have lost the power of self

control with reference to his or her addiction.

(b) "Administer" means the direct application of a

controlled substance, whether by injection, inhalation,

ingestion, or any other means, to the body of a patient,

research subject, or animal (as defined by the Humane

Euthanasia in Animal Shelters Act) by:

(1) a practitioner (or, in his or her presence, by his

or her authorized agent),

(2) the patient or research subject pursuant to an

order, or

(3) a euthanasia technician as defined by the Humane

Euthanasia in Animal Shelters Act.

(c) "Agent" means an authorized person who acts on behalf

of or at the direction of a manufacturer, distributor,

dispenser, prescriber, or practitioner. It does not include a

common or contract carrier, public warehouseman or employee of

the carrier or warehouseman.

(c-1) "Anabolic Steroids" means any drug or hormonal

substance, chemically and pharmacologically related to

testosterone (other than estrogens, progestins,

corticosteroids, and dehydroepiandrosterone), and includes:

(i) 3[beta],17-dihydroxy-5a-androstane,

(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,

(iii) 5[alpha]-androstan-3,17-dione,

(iv) 1-androstenediol (3[beta],

17[beta]-dihydroxy-5[alpha]-androst-1-ene),

(v) 1-androstenediol (3[alpha],

17[beta]-dihydroxy-5[alpha]-androst-1-ene),

(vi) 4-androstenediol

(3[beta],17[beta]-dihydroxy-androst-4-ene),

(vii) 5-androstenediol

(3[beta],17[beta]-dihydroxy-androst-5-ene),

(viii) 1-androstenedione

([5alpha]-androst-1-en-3,17-dione),

(ix) 4-androstenedione

(androst-4-en-3,17-dione),

(x) 5-androstenedione

(androst-5-en-3,17-dione),

(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-

hydroxyandrost-4-en-3-one),

(xii) boldenone (17[beta]-hydroxyandrost-

1,4,-diene-3-one),

(xiii) boldione (androsta-1,4-

diene-3,17-dione),

(xiv) calusterone (7[beta],17[alpha]-dimethyl-17

[beta]-hydroxyandrost-4-en-3-one),

(xv) clostebol (4-chloro-17[beta]-

hydroxyandrost-4-en-3-one),

(xvi) dehydrochloromethyltestosterone (4-chloro-

17[beta]-hydroxy-17[alpha]-methyl-

androst-1,4-dien-3-one),

(xvii) desoxymethyltestosterone

(17[alpha]-methyl-5[alpha]

-androst-2-en-17[beta]-ol)(a.k.a., madol),

(xviii) [delta]1-dihydrotestosterone (a.k.a.

'1-testosterone') (17[beta]-hydroxy-

5[alpha]-androst-1-en-3-one),

(xix) 4-dihydrotestosterone (17[beta]-hydroxy-

androstan-3-one),

(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-

5[alpha]-androstan-3-one),

(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-

hydroxyestr-4-ene),

(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-

1[beta],17[beta]-dihydroxyandrost-4-en-3-one),

(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],

17[beta]-dihydroxyandrost-1,4-dien-3-one),

(xxiv) furazabol (17[alpha]-methyl-17[beta]-

hydroxyandrostano[2,3-c]-furazan),

(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)

(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-

androst-4-en-3-one),

(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-

dihydroxy-estr-4-en-3-one),

(xxviii) mestanolone (17[alpha]-methyl-17[beta]-

hydroxy-5-androstan-3-one),

(xxix) mesterolone (1amethyl-17[beta]-hydroxy-

[5a]-androstan-3-one),

(xxx) methandienone (17[alpha]-methyl-17[beta]-

hydroxyandrost-1,4-dien-3-one),

(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-

dihydroxyandrost-5-ene),

(xxxii) methenolone (1-methyl-17[beta]-hydroxy-

5[alpha]-androst-1-en-3-one),

(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-

dihydroxy-5a-androstane),

(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy

-5a-androstane),

(xxxv) 17[alpha]-methyl-3[beta],17[beta]-

dihydroxyandrost-4-ene),

(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-

methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),

(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-

hydroxyestra-4,9(10)-dien-3-one),

(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-

hydroxyestra-4,9-11-trien-3-one),

(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-

hydroxyandrost-4-en-3-one),

(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-

hydroxyestr-4-en-3-one),

(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone

(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-

androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-

1-testosterone'),

(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),

(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-

dihydroxyestr-4-ene),

(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-

dihydroxyestr-4-ene),

(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-

dihydroxyestr-5-ene),

(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-

dihydroxyestr-5-ene),

(xlvii) 19-nor-4,9(10)-androstadienedione

(estra-4,9(10)-diene-3,17-dione),

(xlviii) 19-nor-4-androstenedione (estr-4-

en-3,17-dione),

(xlix) 19-nor-5-androstenedione (estr-5-

en-3,17-dione),

(l) norbolethone (13[beta], 17a-diethyl-17[beta]-

hydroxygon-4-en-3-one),

(li) norclostebol (4-chloro-17[beta]-

hydroxyestr-4-en-3-one),

(lii) norethandrolone (17[alpha]-ethyl-17[beta]-

hydroxyestr-4-en-3-one),

(liii) normethandrolone (17[alpha]-methyl-17[beta]-

hydroxyestr-4-en-3-one),

(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-

2-oxa-5[alpha]-androstan-3-one),

(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-

dihydroxyandrost-4-en-3-one),

(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-

17[beta]-hydroxy-(5[alpha]-androstan-3-one),

(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-

(5[alpha]-androst-2-eno[3,2-c]-pyrazole),

(lviii) stenbolone (17[beta]-hydroxy-2-methyl-

(5[alpha]-androst-1-en-3-one),

(lix) testolactone (13-hydroxy-3-oxo-13,17-

secoandrosta-1,4-dien-17-oic

acid lactone),

(lx) testosterone (17[beta]-hydroxyandrost-

4-en-3-one),

(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-

diethyl-17[beta]-hydroxygon-

4,9,11-trien-3-one),

(lxii) trenbolone (17[beta]-hydroxyestr-4,9,

11-trien-3-one).

Any person who is otherwise lawfully in possession of an

anabolic steroid, or who otherwise lawfully manufactures,

distributes, dispenses, delivers, or possesses with intent to

deliver an anabolic steroid, which anabolic steroid is

expressly intended for and lawfully allowed to be administered

through implants to livestock or other nonhuman species, and

which is approved by the Secretary of Health and Human Services

for such administration, and which the person intends to

administer or have administered through such implants, shall

not be considered to be in unauthorized possession or to

unlawfully manufacture, distribute, dispense, deliver, or

possess with intent to deliver such anabolic steroid for

purposes of this Act.

(d) "Administration" means the Drug Enforcement

Administration, United States Department of Justice, or its

successor agency.

(d-5) "Clinical Director, Prescription Monitoring Program"

means a Department of Human Services administrative employee

licensed to either prescribe or dispense controlled substances

who shall run the clinical aspects of the Department of Human

Services Prescription Monitoring Program and its Prescription

Information Library.

(d-10) "Compounding" means the preparation and mixing of

components, excluding flavorings, (1) as the result of a

prescriber's prescription drug order or initiative based on the

prescriber-patient-pharmacist relationship in the course of

professional practice or (2) for the purpose of, or incident

to, research, teaching, or chemical analysis and not for sale

or dispensing. "Compounding" includes the preparation of drugs

or devices in anticipation of receiving prescription drug

orders based on routine, regularly observed dispensing

patterns. Commercially available products may be compounded

for dispensing to individual patients only if both of the

following conditions are met: (i) the commercial product is not

reasonably available from normal distribution channels in a

timely manner to meet the patient's needs and (ii) the

prescribing practitioner has requested that the drug be

compounded.

(e) "Control" means to add a drug or other substance, or

immediate precursor, to a Schedule whether by transfer from

another Schedule or otherwise.

(f) "Controlled Substance" means (i) a drug, substance, or

immediate precursor in the Schedules of Article II of this Act

or (ii) a drug or other substance, or immediate precursor,

designated as a controlled substance by the Department through

administrative rule. The term does not include distilled

spirits, wine, malt beverages, or tobacco, as those terms are

defined or used in the Liquor Control Act of 1934 and the

Tobacco Products Tax Act of 1995.

(f-5) "Controlled substance analog" means a substance:

(1) the chemical structure of which is substantially

similar to the chemical structure of a controlled substance

in Schedule I or II;

(2) which has a stimulant, depressant, or

hallucinogenic effect on the central nervous system that is

substantially similar to or greater than the stimulant,

depressant, or hallucinogenic effect on the central

nervous system of a controlled substance in Schedule I or

II; or

(3) with respect to a particular person, which such

person represents or intends to have a stimulant,

depressant, or hallucinogenic effect on the central

nervous system that is substantially similar to or greater

than the stimulant, depressant, or hallucinogenic effect

on the central nervous system of a controlled substance in

Schedule I or II.

(g) "Counterfeit substance" means a controlled substance,

which, or the container or labeling of which, without

authorization bears the trademark, trade name, or other

identifying mark, imprint, number or device, or any likeness

thereof, of a manufacturer, distributor, or dispenser other

than the person who in fact manufactured, distributed, or

dispensed the substance.

(h) "Deliver" or "delivery" means the actual, constructive

or attempted transfer of possession of a controlled substance,

with or without consideration, whether or not there is an

agency relationship.

(i) "Department" means the Illinois Department of Human

Services (as successor to the Department of Alcoholism and

Substance Abuse) or its successor agency.

(j) (Blank).

(k) "Department of Corrections" means the Department of

Corrections of the State of Illinois or its successor agency.

(l) "Department of Financial and Professional Regulation"

means the Department of Financial and Professional Regulation

of the State of Illinois or its successor agency.

(m) "Depressant" means any drug that (i) causes an overall

depression of central nervous system functions, (ii) causes

impaired consciousness and awareness, and (iii) can be

habit-forming or lead to a substance abuse problem, including

but not limited to alcohol, cannabis and its active principles

and their analogs, benzodiazepines and their analogs,

barbiturates and their analogs, opioids (natural and

synthetic) and their analogs, and chloral hydrate and similar

sedative hypnotics.

(n) (Blank).

(o) "Director" means the Director of the Illinois State

Police or his or her designated agents.

(p) "Dispense" means to deliver a controlled substance to

an ultimate user or research subject by or pursuant to the

lawful order of a prescriber, including the prescribing,

administering, packaging, labeling, or compounding necessary

to prepare the substance for that delivery.

(q) "Dispenser" means a practitioner who dispenses.

(r) "Distribute" means to deliver, other than by

administering or dispensing, a controlled substance.

(s) "Distributor" means a person who distributes.

(t) "Drug" means (1) substances recognized as drugs in the

official United States Pharmacopoeia, Official Homeopathic

Pharmacopoeia of the United States, or official National

Formulary, or any supplement to any of them; (2) substances

intended for use in diagnosis, cure, mitigation, treatment, or

prevention of disease in man or animals; (3) substances (other

than food) intended to affect the structure of any function of

the body of man or animals and (4) substances intended for use

as a component of any article specified in clause (1), (2), or

(3) of this subsection. It does not include devices or their

components, parts, or accessories.

(t-5) "Euthanasia agency" means an entity certified by the

Department of Financial and Professional Regulation for the

purpose of animal euthanasia that holds an animal control

facility license or animal shelter license under the Animal

Welfare Act. A euthanasia agency is authorized to purchase,

store, possess, and utilize Schedule II nonnarcotic and

Schedule III nonnarcotic drugs for the sole purpose of animal

euthanasia.

(t-10) "Euthanasia drugs" means Schedule II or Schedule III

substances (nonnarcotic controlled substances) that are used

by a euthanasia agency for the purpose of animal euthanasia.

(u) "Good faith" means the prescribing or dispensing of a

controlled substance by a practitioner in the regular course of

professional treatment to or for any person who is under his or

her treatment for a pathology or condition other than that

individual's physical or psychological dependence upon or

addiction to a controlled substance, except as provided herein:

and application of the term to a pharmacist shall mean the

dispensing of a controlled substance pursuant to the

prescriber's order which in the professional judgment of the

pharmacist is lawful. The pharmacist shall be guided by

accepted professional standards including, but not limited to

the following, in making the judgment:

(1) lack of consistency of prescriber-patient

relationship,

(2) frequency of prescriptions for same drug by one

prescriber for large numbers of patients,

(3) quantities beyond those normally prescribed,

(4) unusual dosages (recognizing that there may be

clinical circumstances where more or less than the usual

dose may be used legitimately),

(5) unusual geographic distances between patient,

pharmacist and prescriber,

(6) consistent prescribing of habit-forming drugs.

(u-0.5) "Hallucinogen" means a drug that causes markedly

altered sensory perception leading to hallucinations of any

type.

(u-1) "Home infusion services" means services provided by a

pharmacy in compounding solutions for direct administration to

a patient in a private residence, long-term care facility, or

hospice setting by means of parenteral, intravenous,

intramuscular, subcutaneous, or intraspinal infusion.

(u-5) "Illinois State Police" means the State Police of the

State of Illinois, or its successor agency.

(v) "Immediate precursor" means a substance:

(1) which the Department has found to be and by rule

designated as being a principal compound used, or produced

primarily for use, in the manufacture of a controlled

substance;

(2) which is an immediate chemical intermediary used or

likely to be used in the manufacture of such controlled

substance; and

(3) the control of which is necessary to prevent,

curtail or limit the manufacture of such controlled

substance.

(w) "Instructional activities" means the acts of teaching,

educating or instructing by practitioners using controlled

substances within educational facilities approved by the State

Board of Education or its successor agency.

(x) "Local authorities" means a duly organized State,

County or Municipal peace unit or police force.

(y) "Look-alike substance" means a substance, other than a

controlled substance which (1) by overall dosage unit

appearance, including shape, color, size, markings or lack

thereof, taste, consistency, or any other identifying physical

characteristic of the substance, would lead a reasonable person

to believe that the substance is a controlled substance, or (2)

is expressly or impliedly represented to be a controlled

substance or is distributed under circumstances which would

lead a reasonable person to believe that the substance is a

controlled substance. For the purpose of determining whether

the representations made or the circumstances of the

distribution would lead a reasonable person to believe the

substance to be a controlled substance under this clause (2) of

subsection (y), the court or other authority may consider the

following factors in addition to any other factor that may be

relevant:

(a) statements made by the owner or person in control

of the substance concerning its nature, use or effect;

(b) statements made to the buyer or recipient that the

substance may be resold for profit;

(c) whether the substance is packaged in a manner

normally used for the illegal distribution of controlled

substances;

(d) whether the distribution or attempted distribution

included an exchange of or demand for money or other

property as consideration, and whether the amount of the

consideration was substantially greater than the

reasonable retail market value of the substance.

Clause (1) of this subsection (y) shall not apply to a

noncontrolled substance in its finished dosage form that was

initially introduced into commerce prior to the initial

introduction into commerce of a controlled substance in its

finished dosage form which it may substantially resemble.

Nothing in this subsection (y) prohibits the dispensing or

distributing of noncontrolled substances by persons authorized

to dispense and distribute controlled substances under this

Act, provided that such action would be deemed to be carried

out in good faith under subsection (u) if the substances

involved were controlled substances.

Nothing in this subsection (y) or in this Act prohibits the

manufacture, preparation, propagation, compounding,

processing, packaging, advertising or distribution of a drug or

drugs by any person registered pursuant to Section 510 of the

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).

(y-1) "Mail-order pharmacy" means a pharmacy that is

located in a state of the United States that delivers,

dispenses or distributes, through the United States Postal

Service or other common carrier, to Illinois residents, any

substance which requires a prescription.

(z) "Manufacture" means the production, preparation,

propagation, compounding, conversion or processing of a

controlled substance other than methamphetamine, either

directly or indirectly, by extraction from substances of

natural origin, or independently by means of chemical

synthesis, or by a combination of extraction and chemical

synthesis, and includes any packaging or repackaging of the

substance or labeling of its container, except that this term

does not include:

(1) by an ultimate user, the preparation or compounding

of a controlled substance for his or her own use; or

(2) by a practitioner, or his or her authorized agent

under his or her supervision, the preparation,

compounding, packaging, or labeling of a controlled

substance:

(a) as an incident to his or her administering or

dispensing of a controlled substance in the course of

his or her professional practice; or

(b) as an incident to lawful research, teaching or

chemical analysis and not for sale.

(z-1) (Blank).

(z-5) "Medication shopping" means the conduct prohibited

under subsection (a) of Section 314.5 of this Act.

(z-10) "Mid-level practitioner" means (i) a physician

assistant who has been delegated authority to prescribe through

a written delegation of authority by a physician licensed to

practice medicine in all of its branches, in accordance with

Section 7.5 of the Physician Assistant Practice Act of 1987,

(ii) an advanced practice nurse who has been delegated

authority to prescribe through a written delegation of

authority by a physician licensed to practice medicine in all

of its branches or by a podiatric physician, in accordance with

Section 65-40 of the Nurse Practice Act, (iii) an animal

euthanasia agency, or (iv) a prescribing psychologist.

(aa) "Narcotic drug" means any of the following, whether

produced directly or indirectly by extraction from substances

of vegetable origin, or independently by means of chemical

synthesis, or by a combination of extraction and chemical

synthesis:

(1) opium, opiates, derivatives of opium and opiates,

including their isomers, esters, ethers, salts, and salts

of isomers, esters, and ethers, whenever the existence of

such isomers, esters, ethers, and salts is possible within

the specific chemical designation; however the term

"narcotic drug" does not include the isoquinoline

alkaloids of opium;

(2) (blank);

(3) opium poppy and poppy straw;

(4) coca leaves, except coca leaves and extracts of

coca leaves from which substantially all of the cocaine and

ecgonine, and their isomers, derivatives and salts, have

been removed;

(5) cocaine, its salts, optical and geometric isomers,

and salts of isomers;

(6) ecgonine, its derivatives, their salts, isomers,

and salts of isomers;

(7) any compound, mixture, or preparation which

contains any quantity of any of the substances referred to

in subparagraphs (1) through (6).

(bb) "Nurse" means a registered nurse licensed under the

Nurse Practice Act.

(cc) (Blank).

(dd) "Opiate" means any substance having an addiction

forming or addiction sustaining liability similar to morphine

or being capable of conversion into a drug having addiction

forming or addiction sustaining liability.

(ee) "Opium poppy" means the plant of the species Papaver

somniferum L., except its seeds.

(ee-5) "Oral dosage" means a tablet, capsule, elixir, or

solution or other liquid form of medication intended for

administration by mouth, but the term does not include a form

of medication intended for buccal, sublingual, or transmucosal

administration.

(ff) "Parole and Pardon Board" means the Parole and Pardon

Board of the State of Illinois or its successor agency.

(gg) "Person" means any individual, corporation,

mail-order pharmacy, government or governmental subdivision or

agency, business trust, estate, trust, partnership or

association, or any other entity.

(hh) "Pharmacist" means any person who holds a license or

certificate of registration as a registered pharmacist, a local

registered pharmacist or a registered assistant pharmacist

under the Pharmacy Practice Act.

(ii) "Pharmacy" means any store, ship or other place in

which pharmacy is authorized to be practiced under the Pharmacy

Practice Act.

(ii-5) "Pharmacy shopping" means the conduct prohibited

under subsection (b) of Section 314.5 of this Act.

(ii-10) "Physician" (except when the context otherwise

requires) means a person licensed to practice medicine in all

of its branches.

(jj) "Poppy straw" means all parts, except the seeds, of

the opium poppy, after mowing.

(kk) "Practitioner" means a physician licensed to practice

medicine in all its branches, dentist, optometrist, podiatric

physician, veterinarian, scientific investigator, pharmacist,

physician assistant, advanced practice nurse, licensed

practical nurse, registered nurse, hospital, laboratory, or

pharmacy, or other person licensed, registered, or otherwise

lawfully permitted by the United States or this State to

distribute, dispense, conduct research with respect to,

administer or use in teaching or chemical analysis, a

controlled substance in the course of professional practice or

research.

(ll) "Pre-printed prescription" means a written

prescription upon which the designated drug has been indicated

prior to the time of issuance; the term does not mean a written

prescription that is individually generated by machine or

computer in the prescriber's office.

(mm) "Prescriber" means a physician licensed to practice

medicine in all its branches, dentist, optometrist,

prescribing psychologist licensed under Section 4.2 of the

Clinical Psychologist Licensing Act with prescriptive

authority delegated under Section 4.3 of the Clinical

Psychologist Licensing Act, podiatric physician, or

veterinarian who issues a prescription, a physician assistant

who issues a prescription for a controlled substance in

accordance with Section 303.05, a written delegation, and a

written supervision agreement required under Section 7.5 of the

Physician Assistant Practice Act of 1987, or an advanced

practice nurse with prescriptive authority delegated under

Section 65-40 of the Nurse Practice Act and in accordance with

Section 303.05, a written delegation, and a written

collaborative agreement under Section 65-35 of the Nurse

Practice Act.

(nn) "Prescription" means a written, facsimile, or oral

order, or an electronic order that complies with applicable

federal requirements, of a physician licensed to practice

medicine in all its branches, dentist, podiatric physician or

veterinarian for any controlled substance, of an optometrist

for a Schedule II, III, IV, or V controlled substance in

accordance with Section 15.1 of the Illinois Optometric

Practice Act of 1987, of a prescribing psychologist licensed

under Section 4.2 of the Clinical Psychologist Licensing Act

with prescriptive authority delegated under Section 4.3 of the

Clinical Psychologist Licensing Act, of a physician assistant

for a controlled substance in accordance with Section 303.05, a

written delegation, and a written supervision agreement

required under Section 7.5 of the Physician Assistant Practice

Act of 1987, or of an advanced practice nurse with prescriptive

authority delegated under Section 65-40 of the Nurse Practice

Act who issues a prescription for a controlled substance in

accordance with Section 303.05, a written delegation, and a

written collaborative agreement under Section 65-35 of the

Nurse Practice Act when required by law.

(nn-5) "Prescription Information Library" (PIL) means an

electronic library that contains reported controlled substance

data.

(nn-10) "Prescription Monitoring Program" (PMP) means the

entity that collects, tracks, and stores reported data on

controlled substances and select drugs pursuant to Section 316.

(oo) "Production" or "produce" means manufacture,

planting, cultivating, growing, or harvesting of a controlled

substance other than methamphetamine.

(pp) "Registrant" means every person who is required to

register under Section 302 of this Act.

(qq) "Registry number" means the number assigned to each

person authorized to handle controlled substances under the

laws of the United States and of this State.

(qq-5) "Secretary" means, as the context requires, either

the Secretary of the Department or the Secretary of the

Department of Financial and Professional Regulation, and the

Secretary's designated agents.

(rr) "State" includes the State of Illinois and any state,

district, commonwealth, territory, insular possession thereof,

and any area subject to the legal authority of the United

States of America.

(rr-5) "Stimulant" means any drug that (i) causes an

overall excitation of central nervous system functions, (ii)

causes impaired consciousness and awareness, and (iii) can be

habit-forming or lead to a substance abuse problem, including

but not limited to amphetamines and their analogs,

methylphenidate and its analogs, cocaine, and phencyclidine

and its analogs.

(ss) "Ultimate user" means a person who lawfully possesses

a controlled substance for his or her own use or for the use of

a member of his or her household or for administering to an

animal owned by him or her or by a member of his or her

household.

(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668,

eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14;

revised 10-1-14.)

(720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)

Sec. 312. Requirements for dispensing controlled

substances.

(a) A practitioner, in good faith, may dispense a Schedule

II controlled substance, which is a narcotic drug listed in

Section 206 of this Act; or which contains any quantity of

amphetamine or methamphetamine, their salts, optical isomers

or salts of optical isomers; phenmetrazine and its salts; or

pentazocine; and Schedule III, IV, or V controlled substances

to any person upon a written or electronic prescription of any

prescriber, dated and signed by the person prescribing (or

electronically validated in compliance with Section 311.5) on

the day when issued and bearing the name and address of the

patient for whom, or the owner of the animal for which the

controlled substance is dispensed, and the full name, address

and registry number under the laws of the United States

relating to controlled substances of the prescriber, if he or

she is required by those laws to be registered. If the

prescription is for an animal it shall state the species of

animal for which it is ordered. The practitioner filling the

prescription shall, unless otherwise permitted, write the date

of filling and his or her own signature on the face of the

written prescription or, alternatively, shall indicate such

filling using a unique identifier as defined in paragraph (v)

of Section 3 of the Pharmacy Practice Act. The written

prescription shall be retained on file by the practitioner who

filled it or pharmacy in which the prescription was filled for

a period of 2 years, so as to be readily accessible for

inspection or removal by any officer or employee engaged in the

enforcement of this Act. Whenever the practitioner's or

pharmacy's copy of any prescription is removed by an officer or

employee engaged in the enforcement of this Act, for the

purpose of investigation or as evidence, such officer or

employee shall give to the practitioner or pharmacy a receipt

in lieu thereof. If the specific prescription is machine or

computer generated and printed at the prescriber's office, the

date does not need to be handwritten. A prescription for a

Schedule II controlled substance shall not be issued for more

than a 30 day supply, except as provided in subsection (a-5),

and shall be valid for up to 90 days after the date of

issuance. A written prescription for Schedule III, IV or V

controlled substances shall not be filled or refilled more than

6 months after the date thereof or refilled more than 5 times

unless renewed, in writing, by the prescriber.

(a-5) Physicians may issue multiple prescriptions (3

sequential 30-day supplies) for the same Schedule II controlled

substance, authorizing up to a 90-day supply. Before

authorizing a 90-day supply of a Schedule II controlled

substance, the physician must meet both of the following

conditions:

(1) Each separate prescription must be issued for a

legitimate medical purpose by an individual physician

acting in the usual course of professional practice.

(2) The individual physician must provide written

instructions on each prescription (other than the first

prescription, if the prescribing physician intends for the

prescription to be filled immediately) indicating the

earliest date on which a pharmacy may fill that

prescription.

(b) In lieu of a written prescription required by this

Section, a pharmacist, in good faith, may dispense Schedule

III, IV, or V substances to any person either upon receiving a

facsimile of a written, signed prescription transmitted by the

prescriber or the prescriber's agent or upon a lawful oral

prescription of a prescriber which oral prescription shall be

reduced promptly to writing by the pharmacist and such written

memorandum thereof shall be dated on the day when such oral

prescription is received by the pharmacist and shall bear the

full name and address of the ultimate user for whom, or of the

owner of the animal for which the controlled substance is

dispensed, and the full name, address, and registry number

under the law of the United States relating to controlled

substances of the prescriber prescribing if he or she is

required by those laws to be so registered, and the pharmacist

filling such oral prescription shall write the date of filling

and his or her own signature on the face of such written

memorandum thereof. The facsimile copy of the prescription or

written memorandum of the oral prescription shall be retained

on file by the proprietor of the pharmacy in which it is filled

for a period of not less than two years, so as to be readily

accessible for inspection by any officer or employee engaged in

the enforcement of this Act in the same manner as a written

prescription. The facsimile copy of the prescription or oral

prescription and the written memorandum thereof shall not be

filled or refilled more than 6 months after the date thereof or

be refilled more than 5 times, unless renewed, in writing, by

the prescriber.

(c) Except for any non-prescription targeted

methamphetamine precursor regulated by the Methamphetamine

Precursor Control Act, a controlled substance included in

Schedule V shall not be distributed or dispensed other than for

a medical purpose and not for the purpose of evading this Act,

and then:

(1) only personally by a person registered to dispense

a Schedule V controlled substance and then only to his or

her patients, or

(2) only personally by a pharmacist, and then only to a

person over 21 years of age who has identified himself or

herself to the pharmacist by means of 2 positive documents

of identification.

(3) the dispenser shall record the name and address of

the purchaser, the name and quantity of the product, the

date and time of the sale, and the dispenser's signature.

(4) no person shall purchase or be dispensed more than

120 milliliters or more than 120 grams of any Schedule V

substance which contains codeine, dihydrocodeine, or any

salts thereof, or ethylmorphine, or any salts thereof, in

any 96 hour period. The purchaser shall sign a form,

approved by the Department of Financial and Professional

Regulation, attesting that he or she has not purchased any

Schedule V controlled substances within the immediately

preceding 96 hours.

(5) (Blank).

(6) all records of purchases and sales shall be

maintained for not less than 2 years.

(7) no person shall obtain or attempt to obtain within

any consecutive 96 hour period any Schedule V substances of

more than 120 milliliters or more than 120 grams containing

codeine, dihydrocodeine or any of its salts, or

ethylmorphine or any of its salts. Any person obtaining any

such preparations or combination of preparations in excess

of this limitation shall be in unlawful possession of such

controlled substance.

(8) a person qualified to dispense controlled

substances under this Act and registered thereunder shall

at no time maintain or keep in stock a quantity of Schedule

V controlled substances in excess of 4.5 liters for each

substance; a pharmacy shall at no time maintain or keep in

stock a quantity of Schedule V controlled substances as

defined in excess of 4.5 liters for each substance, plus

the additional quantity of controlled substances necessary

to fill the largest number of prescription orders filled by

that pharmacy for such controlled substances in any one

week in the previous year. These limitations shall not

apply to Schedule V controlled substances which Federal law

prohibits from being dispensed without a prescription.

(9) no person shall distribute or dispense butyl

nitrite for inhalation or other introduction into the human

body for euphoric or physical effect.

(d) Every practitioner shall keep a record or log of

controlled substances received by him or her and a record of

all such controlled substances administered, dispensed or

professionally used by him or her otherwise than by

prescription. It shall, however, be sufficient compliance with

this paragraph if any practitioner utilizing controlled

substances listed in Schedules III, IV and V shall keep a

record of all those substances dispensed and distributed by him

or her other than those controlled substances which are

administered by the direct application of a controlled

substance, whether by injection, inhalation, ingestion, or any

other means to the body of a patient or research subject. A

practitioner who dispenses, other than by administering, a

controlled substance in Schedule II, which is a narcotic drug

listed in Section 206 of this Act, or which contains any

quantity of amphetamine or methamphetamine, their salts,

optical isomers or salts of optical isomers, pentazocine, or

methaqualone shall do so only upon the issuance of a written

prescription blank or electronic prescription issued by a

prescriber.

(e) Whenever a manufacturer distributes a controlled

substance in a package prepared by him or her, and whenever a

wholesale distributor distributes a controlled substance in a

package prepared by him or her or the manufacturer, he or she

shall securely affix to each package in which that substance is

contained a label showing in legible English the name and

address of the manufacturer, the distributor and the quantity,

kind and form of controlled substance contained therein. No

person except a pharmacist and only for the purposes of filling

a prescription under this Act, shall alter, deface or remove

any label so affixed.

(f) Whenever a practitioner dispenses any controlled

substance except a non-prescription Schedule V product or a

non-prescription targeted methamphetamine precursor regulated

by the Methamphetamine Precursor Control Act, he or she shall

affix to the container in which such substance is sold or

dispensed, a label indicating the date of initial filling, the

practitioner's name and address, the name of the patient, the

name of the prescriber, the directions for use and cautionary

statements, if any, contained in any prescription or required

by law, the proprietary name or names or the established name

of the controlled substance, and the dosage and quantity,

except as otherwise authorized by regulation by the Department

of Financial and Professional Regulation. No person shall

alter, deface or remove any label so affixed as long as the

specific medication remains in the container.

(g) A person to whom or for whose use any controlled

substance has been prescribed or dispensed by a practitioner,

or other persons authorized under this Act, and the owner of

any animal for which such substance has been prescribed or

dispensed by a veterinarian, may lawfully possess such

substance only in the container in which it was delivered to

him or her by the person dispensing such substance.

(h) The responsibility for the proper prescribing or

dispensing of controlled substances that are under the

prescriber's direct control is upon the prescriber. The

responsibility for the proper filling of a prescription for

controlled substance drugs rests with the pharmacist. An order

purporting to be a prescription issued to any individual, which

is not in the regular course of professional treatment nor part

of an authorized methadone maintenance program, nor in

legitimate and authorized research instituted by any

accredited hospital, educational institution, charitable

foundation, or federal, state or local governmental agency, and

which is intended to provide that individual with controlled

substances sufficient to maintain that individual's or any

other individual's physical or psychological addiction,

habitual or customary use, dependence, or diversion of that

controlled substance is not a prescription within the meaning

and intent of this Act; and the person issuing it, shall be

subject to the penalties provided for violations of the law

relating to controlled substances.

(i) A prescriber shall not pre-print preprint or cause to

be pre-printed preprinted a prescription for any controlled

substance; nor shall any practitioner issue, fill or cause to

be issued or filled, a pre-printed preprinted prescription for

any controlled substance.

(i-5) A prescriber may use a machine or electronic device

to individually generate a printed prescription, but the

prescriber is still required to affix his or her manual

signature.

(j) No person shall manufacture, dispense, deliver,

possess with intent to deliver, prescribe, or administer or

cause to be administered under his or her direction any

anabolic steroid, for any use in humans other than the

treatment of disease in accordance with the order of a

physician licensed to practice medicine in all its branches for

a valid medical purpose in the course of professional practice.

The use of anabolic steroids for the purpose of hormonal

manipulation that is intended to increase muscle mass, strength

or weight without a medical necessity to do so, or for the

intended purpose of improving physical appearance or

performance in any form of exercise, sport, or game, is not a

valid medical purpose or in the course of professional

practice.

(k) Controlled substances may be mailed if all of the

following conditions are met:

(1) The controlled substances are not outwardly

dangerous and are not likely, of their own force, to cause

injury to a person's life or health.

(2) The inner container of a parcel containing

controlled substances must be marked and sealed as required

under this Act and its rules, and be placed in a plain

outer container or securely wrapped in plain paper.

(3) If the controlled substances consist of

prescription medicines, the inner container must be

labeled to show the name and address of the pharmacy or

practitioner dispensing the prescription.

(4) The outside wrapper or container must be free of

markings that would indicate the nature of the contents.

(Source: P.A. 96-166, eff. 1-1-10; 97-334, eff. 1-1-12; revised

12-10-14.)

Section 500. The Code of Criminal Procedure of 1963 is

amended by changing Sections 104-18, 108-4, 109-1, 109-1.1, and

122-2.2 as follows:

(725 ILCS 5/104-18) (from Ch. 38, par. 104-18)

Sec. 104-18. Progress Reports.

(a) The treatment supervisor shall submit a written

progress report to the court, the State, and the defense:

(1) At least 7 days prior to the date for any hearing

on the issue of the defendant's fitness;

(2) Whenever he believes that the defendant has

attained fitness;

(3) Whenever he believes that there is not a

substantial probability that the defendant will attain

fitness, with treatment, within the time period set in

subsection (e) of Section 104-17 of this Code from the date

of the original finding of unfitness.

(b) The progress report shall contain:

(1) The clinical findings of the treatment supervisor

and the facts upon which the findings are based;

(2) The opinion of the treatment supervisor as to

whether the defendant has attained fitness or as to whether

the defendant is making progress, under treatment, toward

attaining fitness within the time period set in subsection

(e) of Section 104-17 of this Code from the date of the

original finding of unfitness;

(3) If the defendant is receiving medication,

information from the prescribing physician indicating the

type, the dosage and the effect of the medication on the

defendant's appearance, actions and demeanor.

(c) Whenever the court is sent a report from the supervisor

of the defendant's treatment under paragraph (2) of subsection

(a) of this Section, the treatment provider shall arrange with

the court for the return of the defendant to the county jail

before the time frame specified in subsection (a) of Section

104-20 of this Code.

(Source: P.A. 97-1020, eff. 8-17-12; 98-944, eff. 8-15-14;

98-1025, eff. 8-22-14; revised 10-1-14.)

(725 ILCS 5/108-4) (from Ch. 38, par. 108-4)

Sec. 108-4. Issuance of search warrant.

(a) All warrants upon written complaint shall state the

time and date of issuance and be the warrants of the judge

issuing the same and not the warrants of the court in which he

or she is then sitting and these warrants need not bear the

seal of the court or clerk thereof. The complaint on which the

warrant is issued need not be filed with the clerk of the court

nor with the court if there is no clerk until the warrant has

been executed or has been returned "not executed".

The search warrant upon written complaint may be issued

electronically or electromagnetically by use of electronic

mail or a facsimile transmission machine and this warrant shall

have the same validity as a written search warrant.

(b) Warrant upon oral testimony.

(1) General rule. When the offense in connection with

which a search warrant is sought constitutes terrorism or

any related offense as defined in Article 29D of the

Criminal Code of 2012, and if the circumstances make it

reasonable to dispense, in whole or in part, with a written

affidavit, a judge may issue a warrant based upon sworn

testimony communicated by telephone or other appropriate

means, including facsimile transmission.

(2) Application. The person who is requesting the

warrant shall prepare a document to be known as a duplicate

original warrant and shall read such duplicate original

warrant, verbatim, to the judge. The judge shall enter,

verbatim, what is so read to the judge on a document to be

known as the original warrant. The judge may direct that

the warrant be modified.

(3) Issuance. If the judge is satisfied that the

offense in connection with which the search warrant is

sought constitutes terrorism or any related offense as

defined in Article 29D of the Criminal Code of 2012, that

the circumstances are such as to make it reasonable to

dispense with a written affidavit, and that grounds for the

application exist or that there is probable cause to

believe that they exist, the judge shall order the issuance

of a warrant by directing the person requesting the warrant

to sign the judge's name on the duplicate original warrant.

The judge shall immediately sign the original warrant and

enter on the face of the original warrant the exact time

when the warrant was ordered to be issued. The finding of

probable cause for a warrant upon oral testimony may be

based on the same kind of evidence as is sufficient for a

warrant upon affidavit.

(4) Recording and certification of testimony. When a

caller informs the judge that the purpose of the call is to

request a warrant, the judge shall immediately place under

oath each person whose testimony forms a basis of the

application and each person applying for that warrant. If a

voice recording device is available, the judge shall record

by means of the device all of the call after the caller

informs the judge that the purpose of the call is to

request a warrant, otherwise a stenographic or longhand

verbatim record shall be made. If a voice recording device

is used or a stenographic record made, the judge shall have

the record transcribed, shall certify the accuracy of the

transcription, and shall file a copy of the original record

and the transcription with the court. If a longhand

verbatim record is made, the judge shall file a signed copy

with the court.

(5) Contents. The contents of a warrant upon oral

testimony shall be the same as the contents of a warrant

upon affidavit.

(6) Additional rule for execution. The person who

executes the warrant shall enter the exact time of

execution on the face of the duplicate original warrant.

(7) Motion to suppress based on failure to obtain a

written affidavit. Evidence obtained pursuant to a warrant

issued under this subsection (b) is not subject to a motion

to suppress on the ground that the circumstances were not

such as to make it reasonable to dispense with a written

affidavit, absent a finding of bad faith. All other grounds

to move to suppress are preserved.

(8) This subsection (b) is inoperative on and after

January 1, 2005.

(9) No evidence obtained pursuant to this subsection

(b) shall be inadmissible in a court of law by virtue of

subdivision (8).

(c) Warrant upon testimony by simultaneous video and audio

transmission.

(1) General rule. When a search warrant is sought and

the request is made by electronic means that has a

simultaneous video and audio transmission between the

requestor and a judge, the judge may issue a search warrant

based upon sworn testimony communicated in the

transmission.

(2) Application. The requestor shall prepare a

document to be known as a duplicate original warrant, and

(A) if circumstances allow, the requestor shall

transmit a copy of the warrant together with a

complaint for search warrant to the judge by facsimile,

email, or other reliable electronic means; or

(B) if circumstances make transmission under

subparagraph (A) of this paragraph (2) impracticable,

the requestor shall read the duplicate original

warrant, verbatim, to the judge after being placed

under oath as provided in paragraph (4) of this

subsection (c). The judge shall enter, verbatim, what

is so read to the judge on a document in the judge's

possession.

Under both subparagraphs (A) and (B), the document in

possession of the judge shall be known as the original

warrant. The judge may direct that the warrant be modified.

(3) Issuance. If the judge is satisfied that grounds

for the application exist or that there is probable cause

to believe that grounds exist, the judge shall order the

issuance of a warrant by directing the requestor to sign

the judge's name on the duplicate original warrant, place

the requestor's initials below the judge's name, and enter

on the face of the duplicate original warrant the exact

date and time when the warrant was ordered to be issued.

The judge shall immediately sign the original warrant and

enter on the face of the original warrant the exact date

and time when the warrant was ordered to be issued. The

finding of probable cause for a warrant under this

subsection (c) may be based on the same kind of evidence as

is sufficient for a warrant under subsection (a).

(4) Recording and certification of testimony. When a

requestor initiates a request for search warrant under this

subsection (c), and after the requestor informs the judge

that the purpose of the communication is to request a

warrant, the judge shall place under oath each person whose

testimony forms a basis of the application and each person

applying for that warrant. A record of the facts upon which

the judge based his or her decision to issue a warrant must

be made and filed with the court, together with the

original warrant.

(A) When the requestor has provided the judge with

a written complaint for search warrant under

subparagraph (A) of paragraph (2) of this subsection

(c) and the judge has sworn the complainant to the

facts contained in the complaint for search warrant but

has taken no other oral testimony from any person that

is essential to establishing probable cause, the judge

must acknowledge the attestation in writing on the

complaint and file this acknowledged complaint with

the court.

(B) When the requestor has not provided the judge

with a written complaint for search warrant, or when

the judge has taken oral testimony essential to

establishing probable cause not contained in the

written complaint for search warrant, the essential

facts in the oral testimony that form the basis of the

judge's decision to issue the warrant shall be included

in the record together with the written complaint, if

any. If a recording device is used or a stenographic

record is made, the judge shall have the record

transcribed, shall certify the accuracy of the

transcription, and shall file a copy of the original

record and the transcription with the court. If a

longhand record is made, the judge shall file a signed

copy with the court.

The material to be filed need not be filed until the

warrant has been executed or has been returned "not

executed".

(5) Contents. The contents of a warrant under this

subsection (c) shall be the same as the contents of a

warrant upon affidavit. A warrant under this subsection is

a warrant of the judge issuing the same and not the warrant

of the court in which he or she is then sitting and these

warrants need not bear the seal of the court or the clerk

of the court.

(6) Additional rule for execution. The person who

executes the warrant shall enter the exact time of

execution on the face of the duplicate original warrant.

(7) Motion to suppress based on failure to obtain a

written affidavit. Evidence obtained under a warrant

issued under this subsection (c) is not subject to a motion

to suppress on the ground that the circumstances were not

such as to make it reasonable to dispense with a written

affidavit, absent a finding of bad faith. All other grounds

to move to suppress are preserved.

(d) The Chief Judge of the circuit court or presiding judge

in the issuing jurisdiction shall, by local rule, create a

standard practice for the filing or other retention of

documents or recordings produced under this Section.

(Source: P.A. 97-1150, eff. 1-25-13; 98-829, eff. 8-1-14;

98-905, eff. 1-1-15; revised 10-1-14.)

(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;

(4) Admit the defendant to bail in accordance with the

provisions of Article 110 of this Code; and

(5) Order the confiscation of the person's passport or

impose travel restrictions on a defendant arrested for

first degree murder or other violent crime as defined in

Section 3 of the Rights of Crime Victims and Witnesses Act,

if the judge determines, based on the factors in Section

110-5 of this Code, that this will reasonably ensure assure

the appearance of the defendant and compliance by the

defendant with all conditions of release.

(c) The court may issue an order of protection in

accordance with the provisions of Article 112A of this Code.

(Source: P.A. 97-813, eff. 7-13-12; 98-143, eff. 1-1-14;

revised 12-10-14.)

(725 ILCS 5/109-1.1) (from Ch. 38, par. 109-1.1)

Sec. 109-1.1. (1) Whenever a person arrested either with or

without a warrant is taken before a judge as provided for in

Sections 107-9(d)(6) and 109-1(a), the judge shall ask the

arrestee whether he or she has any children under 18 years old

living with him or her who may be neglected as a result of the

arrest, incarceration or otherwise. If the judge has reasonable

cause to believe that a child may be a neglected child as

defined in the Abused and Neglected Child Care Reporting Act,

he shall instruct a probation officer to report it immediately

to the Department of Children and Family Services as provided

in that Act.

(Source: P.A. 82-228; revised 12-10-14.)

(725 ILCS 5/122-2.2)

Sec. 122-2.2. Intellectual disability and post-conviction

relief.

(a) In cases where no determination of an intellectual

disability was made and a defendant has been convicted of

first-degree murder, sentenced to death, and is in custody

pending execution of the sentence of death, the following

procedures shall apply:

(1) Notwithstanding any other provision of law or rule

of court, a defendant may seek relief from the death

sentence through a petition for post-conviction relief

under this Article alleging that the defendant was

intellectually disabled as defined in Section 114-15 at the

time the offense was alleged to have been committed.

(2) The petition must be filed within 180 days of the

effective date of this amendatory Act of the 93rd General

Assembly or within 180 days of the issuance of the mandate

by the Illinois Supreme Court setting the date of

execution, whichever is later.

(b) (3) All other provisions of this Article governing

petitions for post-conviction relief shall apply to a petition

for post-conviction relief alleging an intellectual

disability.

(Source: P.A. 97-227, eff. 1-1-12; revised 12-10-14.)

Section 505. The State Appellate Defender Act is amended by

changing Section 10 as follows:

(725 ILCS 105/10) (from Ch. 38, par. 208-10)

Sec. 10. Powers and duties of State Appellate Defender.

(a) The State Appellate Defender shall represent indigent

persons on appeal in criminal and delinquent minor proceedings,

when appointed to do so by a court under a Supreme Court Rule

or law of this State.

(b) The State Appellate Defender shall submit a budget for

the approval of the State Appellate Defender Commission.

(c) The State Appellate Defender may:

(1) maintain a panel of private attorneys available to

serve as counsel on a case basis;

(2) establish programs, alone or in conjunction with

law schools, for the purpose of utilizing volunteer law

students as legal assistants;

(3) cooperate and consult with state agencies,

professional associations, and other groups concerning the

causes of criminal conduct, the rehabilitation and

correction of persons charged with and convicted of crime,

the administration of criminal justice, and, in counties of

less than 1,000,000 population, study, design, develop and

implement model systems for the delivery of trial level

defender services, and make an annual report to the General

Assembly;

(4) hire investigators to provide investigative

services to appointed counsel and county public defenders;

(5) (blank); (Blank.)

(5.5) provide training to county public defenders;

(5.7) provide county public defenders with the

assistance of expert witnesses and investigators from

funds appropriated to the State Appellate Defender

specifically for that purpose by the General Assembly. The

Office of the State Appellate Defender shall not be

appointed to act as trial counsel;

(6) develop a Juvenile Defender Resource Center to: (i)

study, design, develop, and implement model systems for the

delivery of trial level defender services for juveniles in

the justice system; (ii) in cases in which a sentence of

incarceration or an adult sentence, or both, is an

authorized disposition, provide trial counsel with legal

advice and the assistance of expert witnesses and

investigators from funds appropriated to the Office of the

State Appellate Defender by the General Assembly

specifically for that purpose; (iii) develop and provide

training to public defenders on juvenile justice issues,

utilizing resources including the State and local bar

associations, the Illinois Public Defender Association,

law schools, the Midwest Juvenile Defender Center, and pro

bono efforts by law firms; and (iv) make an annual report

to the General Assembly.

(d) (Blank.).

(e) The requirement for reporting to the General Assembly

shall be satisfied by filing copies of the report with the

Speaker, the Minority Leader and the Clerk of the House of

Representatives and the President, the Minority Leader and the

Secretary of the Senate and the Legislative Research Unit, as

required by Section 3.1 of the General Assembly Organization

Act and filing such additional copies with the State Government

Report Distribution Center for the General Assembly as is

required under paragraph (t) of Section 7 of the State Library

Act.

(Source: P.A. 96-1148, eff. 7-21-10; 97-1003, eff. 8-17-12;

revised 12-10-14.)

Section 510. The Gang Crime Witness Protection Act of 2013

is amended by changing Section 15 as follows:

(725 ILCS 173/15)

Sec. 15. Funding. The Illinois Criminal Justice

Information Authority, in consultation with the Attorney

General, shall adopt rules for the implementation of the Gang

Crime Witness Protection Program. Assistance shall be subject

to the following limitations:

(a) Funds shall be limited to payment of the following:

(1) temporary living costs;

(2) moving expenses;

(3) rent;

(4) security deposits; and

(5) other appropriate expenses of relocation or

transition;

(b) Approval of applications made by State's Attorneys

shall be conditioned upon county funding for costs at a

level of at least 25%, unless this requirement is waived by

the administrator, in accordance with adopted rules, for

good cause shown;

(c) Counties providing assistance consistent with the

limitations in this Act may apply for reimbursement of up

to 75% of their costs; and

(d) No more than 50% of funding available in any given

fiscal year may be used for costs associated with any

single county; and .

(e) Before the Illinois Criminal Justice Information

Authority distributes moneys from the Gang Crime Witness

Protection Program Fund as provided in this Section, it

shall retain 2% of those moneys for administrative

purposes.

(Source: P.A. 98-58, eff. 7-8-13; revised 12-10-14.)

Section 515. The Unified Code of Corrections is amended by

changing Sections 3-2.7-25, 3-2.7-50, 3-10-2, 5-6-1, 5-6-2,

and 5-6-3.1 as follows:

(730 ILCS 5/3-2.7-25)

Sec. 3-2.7-25. Duties and powers.

(a) The Independent Juvenile Ombudsman shall function

independently within the Department of Juvenile Justice with

respect to the operations of the Office in performance of his

or her duties under this Article and shall report to the

Governor. The Ombudsman shall adopt rules and standards as may

be necessary or desirable to carry out his or her duties.

Funding for the Office shall be designated separately within

Department funds. The Department shall provide necessary

administrative services and facilities to the Office of the

Independent Juvenile Ombudsman.

(b) The Office of Independent Juvenile Ombudsman shall have

the following duties:

(1) review and monitor the implementation of the rules

and standards established by the Department of Juvenile

Justice and evaluate the delivery of services to youth to

ensure that the rights of youth are fully observed;

(2) provide assistance to a youth or family whom who

the Ombudsman determines is in need of assistance,

including advocating with an agency, provider, or other

person in the best interests of the youth;

(3) investigate and attempt to resolve complaints made

by or on behalf of youth, other than complaints alleging

criminal behavior or violations of the State Officials and

Employees Employee Ethics Act, if the Office determines

that the investigation and resolution would further the

purpose of the Office, and:

(A) a youth committed to the Department of Juvenile

Justice or the youth's family is in need of assistance

from the Office; or

(B) a systemic issue in the Department of Juvenile

Justice's provision of services is raised by a

complaint;

(4) review or inspect periodically the facilities and

procedures of any facility in which a youth has been placed

by the Department of Juvenile Justice to ensure that the

rights of youth are fully observed; and

(5) be accessible to and meet confidentially and

regularly with youth committed to the Department and serve

as a resource by informing them of pertinent laws, rules,

and policies, and their rights thereunder.

(c) The following cases shall be reported immediately to

the Director of Juvenile Justice and the Governor:

(1) cases of severe abuse or injury of a youth;

(2) serious misconduct, misfeasance, malfeasance, or

serious violations of policies and procedures concerning

the administration of a Department of Juvenile Justice

program or operation;

(3) serious problems concerning the delivery of

services in a facility operated by or under contract with

the Department of Juvenile Justice;

(4) interference by the Department of Juvenile Justice

with an investigation conducted by the Office; and

(5) other cases as deemed necessary by the Ombudsman.

(d) Notwithstanding any other provision of law, the

Ombudsman may not investigate alleged criminal behavior or

violations of the State Officials and Employees Ethics Act. If

the Ombudsman determines that a possible criminal act has been

committed, or that special expertise is required in the

investigation, he or she shall immediately notify the

Department of State Police. If the Ombudsman determines that a

possible violation of the State Officials and Employees Ethics

Act has occurred, he or she shall immediately refer the

incident to the Office of the Governor's Executive Inspector

General for investigation. If the Ombudsman receives a

complaint from a youth or third party regarding suspected abuse

or neglect of a child, the Ombudsman shall refer the incident

to the Child Abuse and Neglect Hotline or to the State Police

as mandated by the Abused and Neglected Child Reporting Act.

Any investigation conducted by the Ombudsman shall not be

duplicative and shall be separate from any investigation

mandated by the Abused and Neglected Child Reporting Act. All

investigations conducted by the Ombudsman shall be conducted in

a manner designed to ensure the preservation of evidence for

possible use in a criminal prosecution.

(e) In performance of his or her duties, the Ombudsman may:

(1) review court files of youth;

(2) recommend policies, rules, and legislation

designed to protect youth;

(3) make appropriate referrals under any of the duties

and powers listed in this Section;

(4) attend internal administrative and disciplinary

hearings to ensure the rights of youth are fully observed

and advocate for the best interest of youth when deemed

necessary; and

(5) perform other acts, otherwise permitted or

required by law, in furtherance of the purpose of the

Office.

(f) To assess if a youth's rights have been violated, the

Ombudsman may, in any matter that does not involve alleged

criminal behavior, contact or consult with an administrator,

employee, youth, parent, expert, or any other individual in the

course of his or her investigation or to secure information as

necessary to fulfill his or her duties.

(Source: P.A. 98-1032, eff. 8-25-14; revised 11-26-14.)

(730 ILCS 5/3-2.7-50)

Sec. 3-2.7-50. Promotion and awareness of Office. The

Independent Juvenile Ombudsman shall promote awareness among

the public and youth of:

(1) the rights of youth committed to the Department;

(2) the purpose of the Office;

(3) how the Office may be contacted;

(4) the confidential nature of communications; and

(5) the services the Office provides.

(Source: P.A. 98-1032, eff. 8-25-14; revised 11-26-14.)

(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 (q) 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 and telephone or electronic message notify the parent,

guardian or nearest relative of any person committed to the

Department of Juvenile Justice of his or her physical location

and any change thereof.

(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11;

97-813, eff. 7-13-12; 98-689, eff. 1-1-15; 98-1046, eff.

1-1-15; revised 10-1-14.)

(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)

Sec. 5-6-1. Sentences of Probation and of Conditional

Discharge and Disposition of Supervision. The General Assembly

finds that in order to protect the public, the criminal justice

system must compel compliance with the conditions of probation

by responding to violations with swift, certain and fair

punishments and intermediate sanctions. The Chief Judge of each

circuit shall adopt a system of structured, intermediate

sanctions for violations of the terms and conditions of a

sentence of probation, conditional discharge or disposition of

supervision.

(a) Except where specifically prohibited by other

provisions of this Code, the court shall impose a sentence of

probation or conditional discharge upon an offender unless,

having regard to the nature and circumstance of the offense,

and to the history, character and condition of the offender,

the court is of the opinion that:

(1) his imprisonment or periodic imprisonment is

necessary for the protection of the public; or

(2) probation or conditional discharge would deprecate

the seriousness of the offender's conduct and would be

inconsistent with the ends of justice; or

(3) a combination of imprisonment with concurrent or

consecutive probation when an offender has been admitted

into a drug court program under Section 20 of the Drug

Court Treatment Act is necessary for the protection of the

public and for the rehabilitation of the offender.

The court shall impose as a condition of a sentence of

probation, conditional discharge, or supervision, that the

probation agency may invoke any sanction from the list of

intermediate sanctions adopted by the chief judge of the

circuit court for violations of the terms and conditions of the

sentence of probation, conditional discharge, or supervision,

subject to the provisions of Section 5-6-4 of this Act.

(b) The court may impose a sentence of conditional

discharge for an offense if the court is of the opinion that

neither a sentence of imprisonment nor of periodic imprisonment

nor of probation supervision is appropriate.

(b-1) Subsections (a) and (b) of this Section do not apply

to a defendant charged with a misdemeanor or felony under the

Illinois Vehicle Code or reckless homicide under Section 9-3 of

the Criminal Code of 1961 or the Criminal Code of 2012 if the

defendant within the past 12 months has been convicted of or

pleaded guilty to a misdemeanor or felony under the Illinois

Vehicle Code or reckless homicide under Section 9-3 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(c) The court may, upon a plea of guilty or a stipulation

by the defendant of the facts supporting the charge or a

finding of guilt, defer further proceedings and the imposition

of a sentence, and enter an order for supervision of the

defendant, if the defendant is not charged with: (i) a Class A

misdemeanor, as defined by the following provisions of the

Criminal Code of 1961 or the Criminal Code of 2012: Sections

11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;

31-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;

paragraph (1) through (5), (8), (10), and (11) of subsection

(a) of Section 24-1; (ii) a Class A misdemeanor violation of

Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals

Act; or (iii) a felony. If the defendant is not barred from

receiving an order for supervision as provided in this

subsection, the court may enter an order for supervision after

considering the circumstances of the offense, and the history,

character and condition of the offender, if the court is of the

opinion that:

(1) the offender is not likely to commit further

crimes;

(2) the defendant and the public would be best served

if the defendant were not to receive a criminal record; and

(3) in the best interests of justice an order of

supervision is more appropriate than a sentence otherwise

permitted under this Code.

(c-5) Subsections (a), (b), and (c) of this Section do not

apply to a defendant charged with a second or subsequent

violation of Section 6-303 of the Illinois Vehicle Code

committed while his or her driver's license, permit or

privileges were revoked because of a violation of Section 9-3

of the Criminal Code of 1961 or the Criminal Code of 2012,

relating to the offense of reckless homicide, or a similar

provision of a law of another state.

(d) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 11-501 of the Illinois

Vehicle Code or a similar provision of a local ordinance when

the defendant has previously been:

(1) convicted for a violation of Section 11-501 of the

Illinois Vehicle Code or a similar provision of a local

ordinance or any similar law or ordinance of another state;

or

(2) assigned supervision for a violation of Section

11-501 of the Illinois Vehicle Code or a similar provision

of a local ordinance or any similar law or ordinance of

another state; or

(3) pleaded guilty to or stipulated to the facts

supporting a charge or a finding of guilty to a violation

of Section 11-503 of the Illinois Vehicle Code or a similar

provision of a local ordinance or any similar law or

ordinance of another state, and the plea or stipulation was

the result of a plea agreement.

The court shall consider the statement of the prosecuting

authority with regard to the standards set forth in this

Section.

(e) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 16-25 or 16A-3 of the

Criminal Code of 1961 or the Criminal Code of 2012 if said

defendant has within the last 5 years been:

(1) convicted for a violation of Section 16-25 or 16A-3

of the Criminal Code of 1961 or the Criminal Code of 2012;

or

(2) assigned supervision for a violation of Section

16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal

Code of 2012.

The court shall consider the statement of the prosecuting

authority with regard to the standards set forth in this

Section.

(f) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Sections 15-111, 15-112,

15-301, paragraph (b) of Section 6-104, Section 11-605, Section

11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a

similar provision of a local ordinance.

(g) Except as otherwise provided in paragraph (i) of this

Section, the provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 3-707, 3-708, 3-710,

or 5-401.3 of the Illinois Vehicle Code or a similar provision

of a local ordinance if the defendant has within the last 5

years been:

(1) convicted for a violation of Section 3-707, 3-708,

3-710, or 5-401.3 of the Illinois Vehicle Code or a similar

provision of a local ordinance; or

(2) assigned supervision for a violation of Section

3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle

Code or a similar provision of a local ordinance.

The court shall consider the statement of the prosecuting

authority with regard to the standards set forth in this

Section.

(h) The provisions of paragraph (c) shall not apply to a

defendant under the age of 21 years charged with violating a

serious traffic offense as defined in Section 1-187.001 of the

Illinois Vehicle Code:

(1) unless the defendant, upon payment of the fines,

penalties, and costs provided by law, agrees to attend and

successfully complete a traffic safety program approved by

the court under standards set by the Conference of Chief

Circuit Judges. The accused shall be responsible for

payment of any traffic safety program fees. If the accused

fails to file a certificate of successful completion on or

before the termination date of the supervision order, the

supervision shall be summarily revoked and conviction

entered. The provisions of Supreme Court Rule 402 relating

to pleas of guilty do not apply in cases when a defendant

enters a guilty plea under this provision; or

(2) if the defendant has previously been sentenced

under the provisions of paragraph (c) on or after January

1, 1998 for any serious traffic offense as defined in

Section 1-187.001 of the Illinois Vehicle Code.

(h-1) The provisions of paragraph (c) shall not apply to a

defendant under the age of 21 years charged with an offense

against traffic regulations governing the movement of vehicles

or any violation of Section 6-107 or Section 12-603.1 of the

Illinois Vehicle Code, unless the defendant, upon payment of

the fines, penalties, and costs provided by law, agrees to

attend and successfully complete a traffic safety program

approved by the court under standards set by the Conference of

Chief Circuit Judges. The accused shall be responsible for

payment of any traffic safety program fees. If the accused

fails to file a certificate of successful completion on or

before the termination date of the supervision order, the

supervision shall be summarily revoked and conviction entered.

The provisions of Supreme Court Rule 402 relating to pleas of

guilty do not apply in cases when a defendant enters a guilty

plea under this provision.

(i) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 3-707 of the Illinois

Vehicle Code or a similar provision of a local ordinance if the

defendant has been assigned supervision for a violation of

Section 3-707 of the Illinois Vehicle Code or a similar

provision of a local ordinance.

(j) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 6-303 of the Illinois

Vehicle Code or a similar provision of a local ordinance when

the revocation or suspension was for a violation of Section

11-501 or a similar provision of a local ordinance or a

violation of Section 11-501.1 or paragraph (b) of Section

11-401 of the Illinois Vehicle Code if the defendant has within

the last 10 years been:

(1) convicted for a violation of Section 6-303 of the

Illinois Vehicle Code or a similar provision of a local

ordinance; or

(2) assigned supervision for a violation of Section

6-303 of the Illinois Vehicle Code or a similar provision

of a local ordinance.

(k) The provisions of paragraph (c) shall not apply to a

defendant charged with violating any provision of the Illinois

Vehicle Code or a similar provision of a local ordinance that

governs the movement of vehicles if, within the 12 months

preceding the date of the defendant's arrest, the defendant has

been assigned court supervision on 2 occasions for a violation

that governs the movement of vehicles under the Illinois

Vehicle Code or a similar provision of a local ordinance. The

provisions of this paragraph (k) do not apply to a defendant

charged with violating Section 11-501 of the Illinois Vehicle

Code or a similar provision of a local ordinance.

(l) A defendant charged with violating any provision of the

Illinois Vehicle Code or a similar provision of a local

ordinance who receives a disposition of supervision under

subsection (c) shall pay an additional fee of $29, to be

collected as provided in Sections 27.5 and 27.6 of the Clerks

of Courts Act. In addition to the $29 fee, the person shall

also pay a fee of $6, which, if not waived by the court, shall

be collected as provided in Sections 27.5 and 27.6 of the

Clerks of Courts Act. The $29 fee shall be disbursed as

provided in Section 16-104c of the Illinois Vehicle Code. If

the $6 fee is collected, $5.50 of the fee shall be deposited

into the Circuit Court Clerk Operation and Administrative Fund

created by the Clerk of the Circuit Court and 50 cents of the

fee shall be deposited into the Prisoner Review Board Vehicle

and Equipment Fund in the State treasury.

(m) Any person convicted of, pleading guilty to, or placed

on supervision for a serious traffic violation, as defined in

Section 1-187.001 of the Illinois Vehicle Code, a violation of

Section 11-501 of the Illinois Vehicle Code, or a violation of

a similar provision of a local ordinance shall pay an

additional fee of $35, to be disbursed as provided in Section

16-104d of that Code.

This subsection (m) becomes inoperative on January 1, 2020.

(n) The provisions of paragraph (c) shall not apply to any

person under the age of 18 who commits an offense against

traffic regulations governing the movement of vehicles or any

violation of Section 6-107 or Section 12-603.1 of the Illinois

Vehicle Code, except upon personal appearance of the defendant

in court and upon the written consent of the defendant's parent

or legal guardian, executed before the presiding judge. The

presiding judge shall have the authority to waive this

requirement upon the showing of good cause by the defendant.

(o) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 6-303 of the Illinois

Vehicle Code or a similar provision of a local ordinance when

the suspension was for a violation of Section 11-501.1 of the

Illinois Vehicle Code and when:

(1) at the time of the violation of Section 11-501.1 of

the Illinois Vehicle Code, the defendant was a first

offender pursuant to Section 11-500 of the Illinois Vehicle

Code and the defendant failed to obtain a monitoring device

driving permit; or

(2) at the time of the violation of Section 11-501.1 of

the Illinois Vehicle Code, the defendant was a first

offender pursuant to Section 11-500 of the Illinois Vehicle

Code, had subsequently obtained a monitoring device

driving permit, but was driving a vehicle not equipped with

a breath alcohol ignition interlock device as defined in

Section 1-129.1 of the Illinois Vehicle Code.

(p) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 11-601.5 of the

Illinois Vehicle Code or a similar provision of a local

ordinance.

(q) The provisions of paragraph (c) shall not apply to a

defendant charged with violating subsection (b) of Section

11-601 of the Illinois Vehicle Code when the defendant was

operating a vehicle, in an urban district, at a speed in excess

of 25 miles per hour over the posted speed limit.

(r) The provisions of paragraph (c) shall not apply to a

defendant charged with violating any provision of the Illinois

Vehicle Code or a similar provision of a local ordinance if the

violation was the proximate cause of the death of another and

the defendant's driving abstract contains a prior conviction or

disposition of court supervision for any violation of the

Illinois Vehicle Code, other than an equipment violation, or a

suspension, revocation, or cancellation of the driver's

license.

(s) The provisions of paragraph (c) shall not apply to a

defendant charged with violating subsection (i) of Section 70

of the Firearm Concealed Carry Act.

(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;

97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.

1-25-13; 98-169, eff. 1-1-14; 98-658, eff. 6-23-14; 98-899,

eff. 8-15-14; revised 10-1-14.)

(730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)

Sec. 5-6-2. Incidents of Probation and of Conditional

Discharge.

(a) When an offender is sentenced to probation or

conditional discharge, the court shall impose a period as

provided in Article 4.5 of Chapter V, and shall specify the

conditions under Section 5-6-3.

(b) Multiple terms of probation imposed at the same time

shall run concurrently.

(c) The court may at any time terminate probation or

conditional discharge if warranted by the conduct of the

offender and the ends of justice, as provided in Section 5-6-4.

(c-1) For purposes of this subsection (c-1), a "violent

offense" means an offense in which bodily harm is inflicted or

force is used against any person or threatened against any

person; an offense involving sexual conduct, sexual

penetration, or sexual exploitation; an offense involving

domestic violence; an offense of domestic battery, violation of

an order of protection, stalking, or hate crime; an offense of

driving under the influence of drugs or alcohol; or an offense

involving the possession of a firearm or dangerous weapon. An

offender, other than an offender sentenced on a violent

offense, shall be entitled to a time credit toward the

completion of the offender's probation or conditional

discharge as follows:

(1) For obtaining a high school diploma or GED: 90

days.

(2) For obtaining an associate's degree, career

certificate, or vocational technical certification: 120

days.

(3) For obtaining a bachelor's degree: 180 days.

An offender's supervising officer shall promptly and as

soon as practicable notify the court of the offender's right to

time credits under this subsection (c-1). Upon receipt of this

notification, the court shall enter an order modifying the

offender's remaining period of probation or conditional

discharge to reflect the time credit earned. If, before the

expiration of the original period or a reduced period of

probation or conditional discharge, the court, after a hearing

under Section 5-6-4 of this Code, finds that an offender

violated one or more conditions of probation or conditional

discharge, the court may order that some or all of the time

credit to which the offender is entitled under this Section be

forfeited.

(d) Upon the expiration or termination of the period of

probation or of conditional discharge, the court shall enter an

order discharging the offender.

(e) The court may extend any period of probation or

conditional discharge beyond the limits set forth in Article

4.5 of Chapter V upon a violation of a condition of the

probation or conditional discharge, for the payment of an

assessment required by Section 10.3 of the Cannabis Control

Act, Section 411.2 of the Illinois Controlled Substances Act,

or Section 80 of the Methamphetamine Control and Community

Protection Act, or for the payment of restitution as provided

by an order of restitution under Section 5-5-6 of this Code.

(e-5) If payment of restitution as ordered has not been

made, the victim shall file a petition notifying the sentencing

court, any other person to whom restitution is owed, and the

State's Attorney of the status of the ordered restitution

payments unpaid at least 90 days before the probation or

conditional discharge expiration date. If payment as ordered

has not been made, the court shall hold a review hearing prior

to the expiration date, unless the hearing is voluntarily

waived by the defendant with the knowledge that waiver may

result in an extension of the probation or conditional

discharge period or in a revocation of probation or conditional

discharge. If the court does not extend probation or

conditional discharge, it shall issue a judgment for the unpaid

restitution and direct the clerk of the circuit court to file

and enter the judgment in the judgment and lien docket, without

fee, unless it finds that the victim has recovered a judgment

against the defendant for the amount covered by the restitution

order. If the court issues a judgment for the unpaid

restitution, the court shall send to the defendant at his or

her last known address written notification that a civil

judgment has been issued for the unpaid restitution.

(f) The court may impose a term of probation that is

concurrent or consecutive to a term of imprisonment so long as

the maximum term imposed does not exceed the maximum term

provided under Article 4.5 of Chapter V or Article 8 of this

Chapter. The court may provide that probation may commence

while an offender is on mandatory supervised release,

participating in a day release program, or being monitored by

an electronic monitoring device.

(g) The court may extend a term of probation or conditional

discharge that was concurrent to, consecutive to, or otherwise

interrupted by a term of imprisonment for the purpose of

providing additional time to complete an order of restitution.

(Source: P.A. 98-940, eff. 1-1-15; 98-953, eff. 1-1-15;

98-1114, eff. 8-26-14; revised 10-1-14.)

(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)

Sec. 5-6-3.1. Incidents and Conditions of Supervision.

(a) When a defendant is placed on supervision, the court

shall enter an order for supervision specifying the period of

such supervision, and shall defer further proceedings in the

case until the conclusion of the period.

(b) The period of supervision shall be reasonable under all

of the circumstances of the case, but may not be longer than 2

years, unless the defendant has failed to pay the assessment

required by Section 10.3 of the Cannabis Control Act, Section

411.2 of the Illinois Controlled Substances Act, or Section 80

of the Methamphetamine Control and Community Protection Act, in

which case the court may extend supervision beyond 2 years.

Additionally, the court shall order the defendant to perform no

less than 30 hours of community service and not more than 120

hours of community service, if community service is available

in the jurisdiction and is funded and approved by the county

board where the offense was committed, when the offense (1) was

related to or in furtherance of the criminal activities of an

organized gang or was motivated by the defendant's membership

in or allegiance to an organized gang; or (2) is a violation of

any Section of Article 24 of the Criminal Code of 1961 or the

Criminal Code of 2012 where a disposition of supervision is not

prohibited by Section 5-6-1 of this Code. The community service

shall include, but not be limited to, the cleanup and repair of

any damage caused by violation of Section 21-1.3 of the

Criminal Code of 1961 or the Criminal Code of 2012 and similar

damages to property located within the municipality or county

in which the violation occurred. Where possible and reasonable,

the community service should be performed in the offender's

neighborhood.

For the purposes of this Section, "organized gang" has the

meaning ascribed to it in Section 10 of the Illinois Streetgang

Terrorism Omnibus Prevention Act.

(c) The court may in addition to other reasonable

conditions relating to the nature of the offense or the

rehabilitation of the defendant as determined for each

defendant in the proper discretion of the court require that

the person:

(1) make a report to and appear in person before or

participate with the court or such courts, person, or

social service agency as directed by the court in the order

of supervision;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational

training;

(4) undergo medical, psychological or psychiatric

treatment; or treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(6) support his dependents;

(7) refrain from possessing a firearm or other

dangerous weapon;

(8) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a

foster home; or

(v) with the consent of the superintendent of the

facility, attend an educational program at a facility

other than the school in which the offense was

committed if he or she is placed on supervision for a

crime of violence as defined in Section 2 of the Crime

Victims Compensation Act committed in a school, on the

real property comprising a school, or within 1,000 feet

of the real property comprising a school;

(9) make restitution or reparation in an amount not to

exceed actual loss or damage to property and pecuniary loss

or make restitution under Section 5-5-6 to a domestic

violence shelter. The court shall determine the amount and

conditions of payment;

(10) perform some reasonable public or community

service;

(11) comply with the terms and conditions of an order

of protection issued by the court pursuant to the Illinois

Domestic Violence Act of 1986 or an order of protection

issued by the court of another state, tribe, or United

States territory. If the court has ordered the defendant to

make a report and appear in person under paragraph (1) of

this subsection, a copy of the order of protection shall be

transmitted to the person or agency so designated by the

court;

(12) reimburse any "local anti-crime program" as

defined in Section 7 of the Anti-Crime Advisory Council Act

for any reasonable expenses incurred by the program on the

offender's case, not to exceed the maximum amount of the

fine authorized for the offense for which the defendant was

sentenced;

(13) contribute a reasonable sum of money, not to

exceed the maximum amount of the fine authorized for the

offense for which the defendant was sentenced, (i) to a

"local anti-crime program", as defined in Section 7 of the

Anti-Crime Advisory Council Act, or (ii) for offenses under

the jurisdiction of the Department of Natural Resources, to

the fund established by the Department of Natural Resources

for the purchase of evidence for investigation purposes and

to conduct investigations as outlined in Section 805-105 of

the Department of Natural Resources (Conservation) Law;

(14) refrain from entering into a designated

geographic area except upon such terms as the court finds

appropriate. Such terms may include consideration of the

purpose of the entry, the time of day, other persons

accompanying the defendant, and advance approval by a

probation officer;

(15) refrain from having any contact, directly or

indirectly, with certain specified persons or particular

types of person, including but not limited to members of

street gangs and drug users or dealers;

(16) refrain from having in his or her body the

presence of any illicit drug prohibited by the Cannabis

Control Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act,

unless prescribed by a physician, and submit samples of his

or her blood or urine or both for tests to determine the

presence of any illicit drug;

(17) refrain from operating any motor vehicle not

equipped with an ignition interlock device as defined in

Section 1-129.1 of the Illinois Vehicle Code; under this

condition the court may allow a defendant who is not

self-employed to operate a vehicle owned by the defendant's

employer that is not equipped with an ignition interlock

device in the course and scope of the defendant's

employment; and

(18) if placed on supervision for a sex offense as

defined in subsection (a-5) of Section 3-1-2 of this Code,

unless the offender is a parent or guardian of the person

under 18 years of age present in the home and no

non-familial minors are present, not participate in a

holiday event involving children under 18 years of age,

such as distributing candy or other items to children on

Halloween, wearing a Santa Claus costume on or preceding

Christmas, being employed as a department store Santa

Claus, or wearing an Easter Bunny costume on or preceding

Easter.

(c-5) If payment of restitution as ordered has not been

made, the victim shall file a petition notifying the sentencing

court, any other person to whom restitution is owed, and the

State's Attorney of the status of the ordered restitution

payments unpaid at least 90 days before the supervision

expiration date. If payment as ordered has not been made, the

court shall hold a review hearing prior to the expiration date,

unless the hearing is voluntarily waived by the defendant with

the knowledge that waiver may result in an extension of the

supervision period or in a revocation of supervision. If the

court does not extend supervision, it shall issue a judgment

for the unpaid restitution and direct the clerk of the circuit

court to file and enter the judgment in the judgment and lien

docket, without fee, unless it finds that the victim has

recovered a judgment against the defendant for the amount

covered by the restitution order. If the court issues a

judgment for the unpaid restitution, the court shall send to

the defendant at his or her last known address written

notification that a civil judgment has been issued for the

unpaid restitution.

(d) The court shall defer entering any judgment on the

charges until the conclusion of the supervision.

(e) At the conclusion of the period of supervision, if the

court determines that the defendant has successfully complied

with all of the conditions of supervision, the court shall

discharge the defendant and enter a judgment dismissing the

charges.

(f) Discharge and dismissal upon a successful conclusion of

a disposition of supervision shall be deemed without

adjudication of guilt and shall not be termed a conviction for

purposes of disqualification or disabilities imposed by law

upon conviction of a crime. Two years after the discharge and

dismissal under this Section, unless the disposition of

supervision was for a violation of Sections 3-707, 3-708,

3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a

similar provision of a local ordinance, or for a violation of

Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961

or the Criminal Code of 2012, in which case it shall be 5 years

after discharge and dismissal, a person may have his record of

arrest sealed or expunged as may be provided by law. However,

any defendant placed on supervision before January 1, 1980, may

move for sealing or expungement of his arrest record, as

provided by law, at any time after discharge and dismissal

under this Section. A person placed on supervision for a sexual

offense committed against a minor as defined in clause

(a)(1)(L) of Section 5.2 of the Criminal Identification Act or

for a violation of Section 11-501 of the Illinois Vehicle Code

or a similar provision of a local ordinance shall not have his

or her record of arrest sealed or expunged.

(g) A defendant placed on supervision and who during the

period of supervision undergoes mandatory drug or alcohol

testing, or both, or is assigned to be placed on an approved

electronic monitoring device, shall be ordered to pay the costs

incidental to such mandatory drug or alcohol testing, or both,

and costs incidental to such approved electronic monitoring in

accordance with the defendant's ability to pay those costs. The

county board with the concurrence of the Chief Judge of the

judicial circuit in which the county is located shall establish

reasonable fees for the cost of maintenance, testing, and

incidental expenses related to the mandatory drug or alcohol

testing, or both, and all costs incidental to approved

electronic monitoring, of all defendants placed on

supervision. The concurrence of the Chief Judge shall be in the

form of an administrative order. The fees shall be collected by

the clerk of the circuit court. The clerk of the circuit court

shall pay all moneys collected from these fees to the county

treasurer who shall use the moneys collected to defray the

costs of drug testing, alcohol testing, and electronic

monitoring. The county treasurer shall deposit the fees

collected in the county working cash fund under Section 6-27001

or Section 6-29002 of the Counties Code, as the case may be.

(h) A disposition of supervision is a final order for the

purposes of appeal.

(i) The court shall impose upon a defendant placed on

supervision after January 1, 1992 or to community service under

the supervision of a probation or court services department

after January 1, 2004, as a condition of supervision or

supervised community service, a fee of $50 for each month of

supervision or supervised community service ordered by the

court, unless after determining the inability of the person

placed on supervision or supervised community service to pay

the fee, the court assesses a lesser fee. The court may not

impose the fee on a minor who is made a ward of the State under

the Juvenile Court Act of 1987 while the minor is in placement.

The fee shall be imposed only upon a defendant who is actively

supervised by the probation and court services department. The

fee shall be collected by the clerk of the circuit court. The

clerk of the circuit court shall pay all monies collected from

this fee to the county treasurer for deposit in the probation

and court services fund pursuant to Section 15.1 of the

Probation and Probation Officers Act.

A circuit court may not impose a probation fee in excess of

$25 per month unless the circuit court has adopted, by

administrative order issued by the chief judge, a standard

probation fee guide determining an offender's ability to pay.

Of the amount collected as a probation fee, not to exceed $5 of

that fee collected per month may be used to provide services to

crime victims and their families.

The Court may only waive probation fees based on an

offender's ability to pay. The probation department may

re-evaluate an offender's ability to pay every 6 months, and,

with the approval of the Director of Court Services or the

Chief Probation Officer, adjust the monthly fee amount. An

offender may elect to pay probation fees due in a lump sum. Any

offender that has been assigned to the supervision of a

probation department, or has been transferred either under

subsection (h) of this Section or under any interstate compact,

shall be required to pay probation fees to the department

supervising the offender, based on the offender's ability to

pay.

(j) All fines and costs imposed under this Section for any

violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

Code, or a similar provision of a local ordinance, and any

violation of the Child Passenger Protection Act, or a similar

provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under Section 27.5

of the Clerks of Courts Act.

(k) A defendant at least 17 years of age who is placed on

supervision for a misdemeanor in a county of 3,000,000 or more

inhabitants and who has not been previously convicted of a

misdemeanor or felony may as a condition of his or her

supervision be required by the court to attend educational

courses designed to prepare the defendant for a high school

diploma and to work toward a high school diploma or to work

toward passing high school equivalency testing or to work

toward completing a vocational training program approved by the

court. The defendant placed on supervision must attend a public

institution of education to obtain the educational or

vocational training required by this subsection (k). The

defendant placed on supervision shall be required to pay for

the cost of the educational courses or high school equivalency

testing if a fee is charged for those courses or testing. The

court shall revoke the supervision of a person who wilfully

fails to comply with this subsection (k). The court shall

resentence the defendant upon revocation of supervision as

provided in Section 5-6-4. This subsection (k) does not apply

to a defendant who has a high school diploma or has

successfully passed high school equivalency testing. This

subsection (k) does not apply to a defendant who is determined

by the court to be developmentally disabled or otherwise

mentally incapable of completing the educational or vocational

program.

(l) The court shall require a defendant placed on

supervision for possession of a substance prohibited by the

Cannabis Control Act, the Illinois Controlled Substances Act,

or the Methamphetamine Control and Community Protection Act

after a previous conviction or disposition of supervision for

possession of a substance prohibited by the Cannabis Control

Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act or a

sentence of probation under Section 10 of the Cannabis Control

Act or Section 410 of the Illinois Controlled Substances Act

and after a finding by the court that the person is addicted,

to undergo treatment at a substance abuse program approved by

the court.

(m) The Secretary of State shall require anyone placed on

court supervision for a violation of Section 3-707 of the

Illinois Vehicle Code or a similar provision of a local

ordinance to give proof of his or her financial responsibility

as defined in Section 7-315 of the Illinois Vehicle Code. The

proof shall be maintained by the individual in a manner

satisfactory to the Secretary of State for a minimum period of

3 years after the date the proof is first filed. The proof

shall be limited to a single action per arrest and may not be

affected by any post-sentence disposition. The Secretary of

State shall suspend the driver's license of any person

determined by the Secretary to be in violation of this

subsection.

(n) Any offender placed on supervision for any offense that

the court or probation department has determined to be sexually

motivated as defined in the Sex Offender Management Board Act

shall be required to refrain from any contact, directly or

indirectly, with any persons specified by the court and shall

be available for all evaluations and treatment programs

required by the court or the probation department.

(o) An offender placed on supervision for a sex offense as

defined in the Sex Offender Management Board Act shall refrain

from residing at the same address or in the same condominium

unit or apartment unit or in the same condominium complex or

apartment complex with another person he or she knows or

reasonably should know is a convicted sex offender or has been

placed on supervision for a sex offense. The provisions of this

subsection (o) do not apply to a person convicted of a sex

offense who is placed in a Department of Corrections licensed

transitional housing facility for sex offenders.

(p) An offender placed on supervision for an offense

committed on or after June 1, 2008 (the effective date of

Public Act 95-464) that would qualify the accused as a child

sex offender as defined in Section 11-9.3 or 11-9.4 of the

Criminal Code of 1961 or the Criminal Code of 2012 shall

refrain from communicating with or contacting, by means of the

Internet, a person who is not related to the accused and whom

the accused reasonably believes to be under 18 years of age.

For purposes of this subsection (p), "Internet" has the meaning

ascribed to it in Section 16-0.1 of the Criminal Code of 2012;

and a person is not related to the accused if the person is

not: (i) the spouse, brother, or sister of the accused; (ii) a

descendant of the accused; (iii) a first or second cousin of

the accused; or (iv) a step-child or adopted child of the

accused.

(q) An offender placed on supervision for an offense

committed on or after June 1, 2008 (the effective date of

Public Act 95-464) that would qualify the accused as a child

sex offender as defined in Section 11-9.3 or 11-9.4 of the

Criminal Code of 1961 or the Criminal Code of 2012 shall, if so

ordered by the court, refrain from communicating with or

contacting, by means of the Internet, a person who is related

to the accused and whom the accused reasonably believes to be

under 18 years of age. For purposes of this subsection (q),

"Internet" has the meaning ascribed to it in Section 16-0.1 of

the Criminal Code of 2012; and a person is related to the

accused if the person is: (i) the spouse, brother, or sister of

the accused; (ii) a descendant of the accused; (iii) a first or

second cousin of the accused; or (iv) a step-child or adopted

child of the accused.

(r) An offender placed on supervision for an offense under

Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a

juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or

11-21 of the Criminal Code of 1961 or the Criminal Code of

2012, or any attempt to commit any of these offenses, committed

on or after the effective date of this amendatory Act of the

95th General Assembly shall:

(i) not access or use a computer or any other device

with Internet capability without the prior written

approval of the court, except in connection with the

offender's employment or search for employment with the

prior approval of the court;

(ii) submit to periodic unannounced examinations of

the offender's computer or any other device with Internet

capability by the offender's probation officer, a law

enforcement officer, or assigned computer or information

technology specialist, including the retrieval and copying

of all data from the computer or device and any internal or

external peripherals and removal of such information,

equipment, or device to conduct a more thorough inspection;

(iii) submit to the installation on the offender's

computer or device with Internet capability, at the

offender's expense, of one or more hardware or software

systems to monitor the Internet use; and

(iv) submit to any other appropriate restrictions

concerning the offender's use of or access to a computer or

any other device with Internet capability imposed by the

court.

(s) An offender placed on supervision for an offense that

is a sex offense as defined in Section 2 of the Sex Offender

Registration Act that is committed on or after January 1, 2010

(the effective date of Public Act 96-362) that requires the

person to register as a sex offender under that Act, may not

knowingly use any computer scrub software on any computer that

the sex offender uses.

(t) An offender placed on supervision for a sex offense as

defined in the Sex Offender Registration Act committed on or

after January 1, 2010 (the effective date of Public Act 96-262)

shall refrain from accessing or using a social networking

website as defined in Section 17-0.5 of the Criminal Code of

2012.

(u) Jurisdiction over an offender may be transferred from

the sentencing court to the court of another circuit with the

concurrence of both courts. Further transfers or retransfers of

jurisdiction are also authorized in the same manner. The court

to which jurisdiction has been transferred shall have the same

powers as the sentencing court. The probation department within

the circuit to which jurisdiction has been transferred may

impose probation fees upon receiving the transferred offender,

as provided in subsection (i). The probation department from

the original sentencing court shall retain all probation fees

collected prior to the transfer.

(Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12;

97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.

1-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)

Section 520. The Arsonist Registration Act is amended by

changing Sections 5 and 65 as follows:

(730 ILCS 148/5)

Sec. 5. Definitions. In this Act:

(a) "Arsonist" means any person who is:

(1) charged under Illinois law, or any substantially

similar federal, Uniform Code of Military Justice, sister

state, or foreign country law, with an arson offense, set

forth in subsection (b) of this Section or the attempt to

commit an included arson offense, and:

(i) is convicted of such offense or an attempt to

commit such offense; or

(ii) is found not guilty by reason of insanity of

such offense or an attempt to commit such offense; or

(iii) is found not guilty by reason of insanity

under subsection (c) of Section 104-25 of the Code of

Criminal Procedure of 1963 of such offense or an

attempt to commit such offense; or

(iv) is the subject of a finding not resulting in

an acquittal at a hearing conducted under subsection

(a) of Section 104-25 of the Code of Criminal Procedure

of 1963 for the alleged commission or attempted

commission of such offense; or

(v) is found not guilty by reason of insanity

following a hearing conducted under a federal, Uniform

Code of Military Justice, sister state, or foreign

country law substantially similar to subsection (c) of

Section 104-25 of the Code of Criminal Procedure of

1963 of such offense or of the attempted commission of

such offense; or

(vi) is the subject of a finding not resulting in

an acquittal at a hearing conducted under a federal,

Uniform Code of Military Justice, sister state, or

foreign country law substantially similar to

subsection (a) of Section 104-25 of the Code of

Criminal Procedure of 1963 for the alleged violation or

attempted commission of such offense;

(2) is a minor who has been tried and convicted in an

adult criminal prosecution as the result of committing or

attempting to commit an offense specified in subsection (b)

of this Section or a violation of any substantially similar

federal, Uniform Code of Military Justice, sister state, or

foreign country law. Convictions that result from or are

connected with the same act, or result from offenses

committed at the same time, shall be counted for the

purpose of this Act as one conviction. Any conviction set

aside under law is not a conviction for purposes of this

Act.

(b) "Arson offense" means:

(1) A violation of any of the following Sections of the

Criminal Code of 1961 or the Criminal Code of 2012:

(i) 20-1 (arson; residential arson; place of

worship arson),

(ii) 20-1.1 (aggravated arson),

(iii) 20-1(b) or 20-1.2 (residential arson),

(iv) 20-1(b-5) or 20-1.3 (place of worship arson),

(v) 20-2 (possession of explosives or explosive or

incendiary devices), or

(vi) An attempt to commit any of the offenses

listed in clauses (i) through (v).

(2) A violation of any former law of this State

substantially equivalent to any offense listed in

subsection (b) of this Section.

(c) A conviction for an offense of federal law, Uniform

Code of Military Justice, or the law of another state or a

foreign country that is substantially equivalent to any offense

listed in subsection (b) of this Section shall constitute a

conviction for the purpose of this Act.

(d) "Law enforcement agency having jurisdiction" means the

Chief of Police in each of the municipalities in which the

arsonist expects to reside, work, or attend school (1) upon his

or her discharge, parole or release or (2) during the service

of his or her sentence of probation or conditional discharge,

or the Sheriff of the county, in the event no Police Chief

exists or if the offender intends to reside, work, or attend

school in an unincorporated area. "Law enforcement agency

having jurisdiction" includes the location where out-of-state

students attend school and where out-of-state employees are

employed or are otherwise required to register.

(e) "Out-of-state student" means any arsonist, as defined

in this Section, who is enrolled in Illinois, on a full-time or

part-time basis, in any public or private educational

institution, including, but not limited to, any secondary

school, trade or professional institution, or institution of

higher learning.

(f) "Out-of-state employee" means any arsonist, as defined

in this Section, who works in Illinois, regardless of whether

the individual receives payment for services performed, for a

period of time of 10 or more days or for an aggregate period of

time of 30 or more days during any calendar year. Persons who

operate motor vehicles in the State accrue one day of

employment time for any portion of a day spent in Illinois.

(g) "I-CLEAR" means the Illinois Citizens and Law

Enforcement Analysis and Reporting System.

(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;

revised 12-10-14.)

(730 ILCS 148/65)

Sec. 65. Penalty. Any person who is required to register

under this Act who violates any of the provisions of this Act

and any person who is required to register under this Act who

seeks to change his or her name under Article XXI 21 of the

Code of Civil Procedure is guilty of a Class 4 felony. Any

person who is required to register under this Act who knowingly

or wilfully gives material information required by this Act

that is false is guilty of a Class 3 felony. Any person

convicted of a violation of any provision of this Act shall, in

addition to any other penalty required by law, be required to

serve a minimum period of 7 days confinement in the local

county jail. The court shall impose a mandatory minimum fine of

$500 for failure to comply with any provision of this Act.

These fines shall be deposited in the Arsonist Registration

Fund. An arsonist who violates any provision of this Act may be

tried in any Illinois county where the arsonist can be located.

(Source: P.A. 93-949, eff. 1-1-05; revised 12-10-14.)

Section 525. The Sex Offender Registration Act is amended

by changing Section 10 as follows:

(730 ILCS 150/10) (from Ch. 38, par. 230)

Sec. 10. Penalty.

(a) Any person who is required to register under this

Article who violates any of the provisions of this Article and

any person who is required to register under this Article who

seeks to change his or her name under Article XXI 21 of the

Code of Civil Procedure is guilty of a Class 3 felony. Any

person who is convicted for a violation of this Act for a

second or subsequent time is guilty of a Class 2 felony. Any

person who is required to register under this Article who

knowingly or wilfully gives material information required by

this Article that is false is guilty of a Class 3 felony. Any

person convicted of a violation of any provision of this

Article shall, in addition to any other penalty required by

law, be required to serve a minimum period of 7 days

confinement in the local county jail. The court shall impose a

mandatory minimum fine of $500 for failure to comply with any

provision of this Article. These fines shall be deposited in

the Sex Offender Registration Fund. Any sex offender, as

defined in Section 2 of this Act, or sexual predator who

violates any provision of this Article may be arrested and

tried in any Illinois county where the sex offender can be

located. The local police department or sheriff's office is not

required to determine whether the person is living within its

jurisdiction.

(b) Any person, not covered by privilege under Part 8 of

Article VIII of the Code of Civil Procedure or the Illinois

Supreme Court's Rules of Professional Conduct, who has reason

to believe that a sexual predator is not complying, or has not

complied, with the requirements of this Article and who, with

the intent to assist the sexual predator in eluding a law

enforcement agency that is seeking to find the sexual predator

to question the sexual predator about, or to arrest the sexual

predator for, his or her noncompliance with the requirements of

this Article is guilty of a Class 3 felony if he or she:

(1) provides false information to the law enforcement

agency having jurisdiction about the sexual predator's

noncompliance with the requirements of this Article, and,

if known, the whereabouts of the sexual predator;

(2) harbors, or attempts to harbor, or assists another

person in harboring or attempting to harbor, the sexual

predator; or

(3) conceals or attempts to conceal, or assists another

person in concealing or attempting to conceal, the sexual

predator.

(c) Subsection (b) does not apply if the sexual predator is

incarcerated in or is in the custody of a State correctional

facility, a private correctional facility, a county or

municipal jail, a State mental health facility or a State

treatment and detention facility, or a federal correctional

facility.

(d) Subsections (a) and (b) do not apply if the sex

offender accurately registered his or her Internet protocol

address under this Act, and the address subsequently changed

without his or her knowledge or intent.

(Source: P.A. 94-168, eff. 1-1-06; 94-988, eff. 1-1-07; 95-579,

eff. 6-1-08; revised 12-10-14.)

Section 530. The Murderer and Violent Offender Against

Youth Registration Act is amended by changing Section 60 as

follows:

(730 ILCS 154/60)

Sec. 60. Penalty. Any person who is required to register

under this Act who violates any of the provisions of this Act

and any person who is required to register under this Act who

seeks to change his or her name under Article XXI 21 of the

Code of Civil Procedure is guilty of a Class 3 felony. Any

person who is convicted for a violation of this Act for a

second or subsequent time is guilty of a Class 2 felony. Any

person who is required to register under this Act who knowingly

or wilfully gives material information required by this Act

that is false is guilty of a Class 3 felony. Any person

convicted of a violation of any provision of this Act shall, in

addition to any other penalty required by law, be required to

serve a minimum period of 7 days confinement in the local

county jail. The court shall impose a mandatory minimum fine of

$500 for failure to comply with any provision of this Act.

These fines shall be deposited into the Murderer and Violent

Offender Against Youth Registration Fund. Any violent offender

against youth who violates any provision of this Act may be

arrested and tried in any Illinois county where the violent

offender against youth can be located. The local police

department or sheriff's office is not required to determine

whether the person is living within its jurisdiction.

(Source: P.A. 97-154, eff. 1-1-12; revised 12-10-14.)

Section 535. The Code of Civil Procedure is amended by

changing Sections 8-802 and 12-705 as follows:

(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 2012, (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, ; or (13) upon

the issuance of a grand jury subpoena pursuant to Article 112

of the Code of Criminal Procedure of 1963., or (14) (13) to or

through a health information exchange, as that term is defined

in Section 2 of the Mental Health and Developmental

Disabilities Confidentiality Act, in accordance with State or

federal law.

Upon disclosure under item (13) of this Section, in any

criminal action where the charge is domestic battery,

aggravated domestic battery, or an offense under Article 11 of

the Criminal Code of 2012 or where the patient is under the age

of 18 years or upon the request of the patient, the State's

Attorney shall petition the court for a protective order

pursuant to Supreme Court Rule 415.

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;

97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; 98-954, eff.

1-1-15; 98-1046, eff. 1-1-15; revised 10-2-14.)

(735 ILCS 5/12-705) (from Ch. 110, par. 12-705)

Sec. 12-705. Summons.

(a) Summons shall be returnable not less than 21 nor more

than 30 days after the date of issuance. Summons with 4 copies

of the interrogatories shall be served and returned as in other

civil cases. If the garnishee is served with summons less than

10 days prior to the return date, the court shall continue the

case to a new return date 14 days after the return date stated

on the summons. The summons shall be in a form consistent with

local court rules. The summons shall be accompanied by a copy

of the underlying judgment or a certification by the clerk of

the court that entered the judgment, or by the attorney for the

judgment creditor, setting forth the amount of the judgment,

the name of the court and the number of the case and one copy of

a garnishment notice in substantially the following form:

"GARNISHMENT NOTICE

(Name and address of Court)

Name of Case: (Name of Judgment Creditor),

Judgment Creditor v.

(Name of Judgment Judgement Debtor),

Judgment Debtor.

Address of Judgment Debtor: (Insert last known address)

Name and address of Attorney for Judgment

Creditor or of Judgment Creditor (If no

attorney is listed): (Insert name and address)

Amount of Judgment: $(Insert amount)

Name of Garnishee: (Insert name)

Return Date: (Insert return date specified in summons)

NOTICE: The court has issued a garnishment summons against

the garnishee named above for money or property (other than

wages) belonging to the judgment debtor or in which the

judgment debtor has an interest. The garnishment summons was

issued on the basis of a judgment against the judgment debtor

in favor of the judgment creditor in the amount stated above.

The amount of money or property (other than wages) that may

be garnished is limited by federal and Illinois law. The

judgment debtor has the right to assert statutory exemptions

against certain money or property of the judgment debtor which

may not be used to satisfy the judgment in the amount stated

above.

Under Illinois or federal law, the exemptions of personal

property owned by the debtor include the debtor's equity

interest, not to exceed $4,000 in value, in any personal

property as chosen by the debtor; Social Security and SSI

benefits; public assistance benefits; unemployment

compensation benefits; workers' compensation benefits;

veterans' benefits; circuit breaker property tax relief

benefits; the debtor's equity interest, not to exceed $2,400 in

value, in any one motor vehicle, and the debtor's equity

interest, not to exceed $1,500 in value, in any implements,

professional books or tools of the trade of the debtor.

The judgment debtor may have other possible exemptions from

garnishment under the law.

The judgment debtor has the right to request a hearing

before the court to dispute the garnishment or to declare

exempt from garnishment certain money or property or both. To

obtain a hearing in counties with a population of 1,000,000 or

more, the judgment debtor must notify the Clerk of the Court in

person and in writing at (insert address of Clerk) before the

return date specified above or appear in court on the date and

time on that return date. To obtain a hearing in counties with

a population of less than 1,000,000, the judgment debtor must

notify the Clerk of the Court in writing at (insert address of

Clerk) on or before the return date specified above. The Clerk

of the Court will provide a hearing date and the necessary

forms that must be prepared by the judgment debtor or the

attorney for the judgment debtor and sent to the judgment

creditor and the garnishee regarding the time and location of

the hearing. This notice may be sent by regular first class

mail."

(b) An officer or other person authorized by law to serve

process shall serve the summons, interrogatories and the

garnishment notice required by subsection (a) of this Section

upon the garnishee and shall, (1) within 2 business days of the

service upon the garnishee, mail a copy of the garnishment

notice and the summons to the judgment debtor by first class

mail at the judgment debtor's address indicated in the

garnishment notice and (2) within 4 business days of the

service upon the garnishee file with the clerk of the court a

certificate of mailing in substantially the following form:

"CERTIFICATE OF MAILING

I hereby certify that, within 2 business days of service

upon the garnishee of the garnishment summons, interrogatories

and garnishment notice, I served upon the judgment debtor in

this cause a copy of the garnishment summons and garnishment

notice by first class mail to the judgment debtor's address as

indicated in the garnishment notice.

Date:............ .........................

Signature"

In the case of service of the summons for garnishment upon

the garnishee by certified or registered mail, as provided in

subsection (c) of this Section, no sooner than 2 business days

nor later than 4 business days after the date of mailing, the

clerk shall mail a copy of the garnishment notice and the

summons to the judgment debtor by first class mail at the

judgment debtor's address indicated in the garnishment notice,

shall prepare the Certificate of Mailing described by this

subsection, and shall include the Certificate of Mailing in a

permanent record.

(c) In a county with a population of less than 1,000,000,

unless otherwise provided by circuit court rule, at the request

of the judgment creditor or his or her attorney and instead of

personal service, service of a summons for garnishment may be

made as follows:

(1) For each garnishee to be served, the judgment

creditor or his or her attorney shall pay to the clerk of

the court a fee of $2, plus the cost of mailing, and

furnish to the clerk an original and 2 copies of a summons,

an original and one copy of the interrogatories, an

affidavit setting forth the garnishee's mailing address,

an original and 2 copies of the garnishment notice required

by subsection (a) of this Section, and a copy of the

judgment or certification described in subsection (a) of

this Section. The original judgment shall be retained by

the clerk.

(2) The clerk shall mail to the garnishee, at the

address appearing in the affidavit, the copy of the

judgment or certification described in subsection (a) of

this Section, the summons, the interrogatories, and the

garnishment notice required by subsection (a) of this

Section, by certified or registered mail, return receipt

requested, showing to whom delivered and the date and

address of delivery. This Mailing shall be mailed on a

"restricted delivery" basis when service is directed to a

natural person. The envelope and return receipt shall bear

the return address of the clerk, and the return receipt

shall be stamped with the docket number of the case. The

receipt for certified or registered mail shall state the

name and address of the addressee, the date of the mailing,

shall identify the documents mailed, and shall be attached

to the original summons.

(3) The return receipt must be attached to the original

summons and, if it shows delivery at least 10 days before

the day for the return date, shall constitute proof of

service of any documents identified on the return receipt

as having been mailed.

(4) The clerk shall note the fact of service in a

permanent record.

(d) The garnishment summons may be served and returned in

the manner provided by Supreme Court Rule for service,

otherwise than by publication, of a notice for additional

relief upon a party in default.

(Source: P.A. 98-557, eff. 1-1-14; revised 12-10-14.)

Section 540. The Eminent Domain Act is amended by changing,

setting forth and renumbering multiple versions of Section

25-5-55 as follows:

(735 ILCS 30/25-5-55)

Sec. 25-5-55. Quick-take; McHenry County. Quick-take

proceedings under Article 20 may be used for a period of no

longer than one year from the effective date of this amendatory

Act of the 98th General Assembly by McHenry County for the

acquisition of the following described property for the purpose

of reconstruction of the intersection of Miller Road and

Illinois Route 31:

Route: Illinois State Route 31

Section: Section 09-00372-00-PW

County: McHenry County

Job No.: R-91-020-06

Parcel: 0003

Sta. 119+70.41 To Sta. 136+74.99

Owner: Parkway Bank and Trust

Company as Trustee under Trust

Agreement dated October 25, 1988

known as trust No. 9052

Index No. 14-02-100-002, 14-02- 100-051

A part of the Northwest Quarter of Section 2, Township 44

North, Range 8 East of the Third Principal Meridian, in McHenry

County, Illinois, described as follows:

Commencing at the southwest corner of said Northwest Quarter;

thence North 0 degrees 40 minutes 30 seconds East, (bearings

based on Illinois State Plane Coordinates East Zone 1983 Datum)

along the west line of said Northwest Quarter, 33.01 feet;

thence North 89 degrees 27 minutes 02 seconds East along a line

parallel with and 33.00 feet north of the south line of said

Northwest Quarter, 633.53 feet to the Point of Beginning;

thence North 47 degrees 43 minutes 11 seconds East, 76.04 feet;

thence Northeasterly 892.04 feet along a curve to the left

having a radius of 5900.00 feet, the chord of said curve bears

North 03 degrees 13 minutes 38 seconds East, a chord distance

of 891.20 feet; thence North 01 degrees 06 minutes 15 seconds

West, 737.81 feet; thence North 88 degrees 52 minutes 57

seconds East, 60.00 feet to a point on the westerly line of

Illinois State Route 31 as dedicated per Book 12 of

Miscellaneous Records, pages 200, 201 and 203; thence South 01

degrees 06 minutes 15 seconds East along said westerly line,

405.84 feet; thence South 01 degrees 00 minutes 45 seconds West

along said westerly line, 135.20 feet; thence South 02 degrees

50 minutes 15 seconds East along said westerly line, 165.10

feet; thence South 01 degrees 06 minutes 15 seconds East along

said westerly line, 407.00 feet; thence Southwesterly 567.07

feet along said westerly line, said line being a curve to the

right having a radius of 3779.83 feet, the chord of said curve

bears South 03 degrees 11 minutes 37 seconds West, a chord

distance of 566.54 feet to point on a line parallel with and

33.00 feet north of the south line of said Northwest Quarter;

thence South 89 degrees 27 minutes 02 seconds West along a line

parallel with and 33.00 feet north of the south line of said

Northwest Quarter, 142.09 feet to the Point of Beginning in

McHenry County, Illinois.

Said parcel containing 116,716 square feet (2.679 acres) more

or less.

Route: Bull Valley Road

Section: Section 09-00372-00-PW

County: McHenry County

Job No.: R-91-020-06

Parcel: 0003TE

Sta. 531+73.39 To Sta. 532+82.90

Owner: Parkway Bank and Trust

Company as Trustee under Trust

Agreement dated October 25, 1988

known as trust No. 9052

Index No. 14-02-100-002

A part of the Southwest Quarter of the Northwest Quarter of

Section 2, Township 44 North, Range 8 East of the Third

Principal Meridian, in McHenry County, Illinois, described as

follows:

Commencing at the southwest corner of said Southwest Quarter;

thence North 00 degrees 40 minutes 30 seconds East, (bearings

based on Illinois State Plane Coordinates East Zone 1983 Datum)

along the west line of said Southwest Quarter, 33.01 feet;

thence North 89 degrees 27 minutes 02 seconds East along a line

parallel with and 33.00 feet north of the south line of said

Southwest Quarter, 540.42 feet to the Point of Beginning;

thence North 00 degrees 33 minutes 06 seconds West, 14.95 feet;

thence North 89 degrees 26 minutes 54 seconds East, 109.87

feet; thence South 47 degrees 43 minutes 11 seconds West, 22.47

feet to a point on a line parallel with and 33.00 feet north of

the south line of said Southwest Quarter; thence South 89

degrees 27 minutes 02 seconds West along said line parallel

with and 33.00 feet north of the south line of said Southwest

Quarter, 93.10 feet to the Point of Beginning in McHenry

County, Illinois.

Said parcel containing 1,518 square feet (0.035 acres) more or

less.

Route: Illinois State Route 31

Section: Section 09-00372-00-PW

County: McHenry County

Job No.: R-91-020-06

Parcel: 0011

Sta. 124+14.14 To Sta. 124+35.35

Owner: Trapani, LLC, an Illinois

limited liability company

Index No. 14-02-100-050

A part of the Southwest Quarter of the Northwest Quarter of

Section 2, Township 44 North, Range 8 East of the Third

Principal Meridian, in McHenry County, Illinois, described as

follows:

Commencing at the northwest corner of Lot 1 in McDonalds

Subdivision, being a subdivision of part of the Northwest

Quarter of Section 2, Township 44 North, Range 8 East of the

Third Principal Meridian, according to the plat thereof

recorded December 22, 1993 as Document No. 93R80090, in McHenry

County, Illinois; thence Northeasterly along the easterly line

of Illinois State Route 31 as dedicated per Book 12 of

Miscellaneous Records, pages 200, 201 and 203, 206.43 feet

along a curve to the left having a radius of 3859.83 feet, the

chord of said curve bears North 2 degrees 41 minutes 29 seconds

East, (bearings based on Illinois State Plane Coordinates East

Zone 1983 Datum) a chord distance of 206.41 feet to the Point

of Beginning; thence continuing Northeasterly along said

easterly line, 21.36 feet, said line being a curve to the left

having a radius of 3859.83 feet, the chord of said curve bears

North 1 degrees 00 minutes 02 seconds East, a chord distance of

21.36 feet to a point the south line of a parcel of land per

deed recorded February 10, 2003 as Document No. 2003R0017053;

thence North 89 degrees 22 minutes 29 seconds East along said

south line, 1.04 feet; thence Southwesterly 21.41 feet along a

curve to the right having a radius of 6060.00 feet, the chord

of said curve bears South 03 degrees 47 minutes 21 seconds

West, a chord distance of 21.41 feet to the Point of Beginning

in McHenry County, Illinois.

Said parcel containing 11 square feet (0.000 acres) more or

less.

Route: Illinois State Route 31

Section: Section 09-00372-00-PW

County: McHenry County

Job No.: R-91-020-06

Parcel: 0011TE-1

Sta. 123+50.48 To Sta. 124+26.94

Owner: Trapani, LLC, an Illinois

limited liability company

Index No. 14-02-100-050

A part of the Southwest Quarter of the Northwest Quarter of

Section 2, Township 44 North, Range 8 East of the Third

Principal Meridian, in McHenry County, Illinois, described as

follows:

Commencing at the northwest corner of Lot 1 in McDonalds

Subdivision, being a subdivision of part of the Northwest

Quarter of Section 2, Township 44 North, Range 8 East of the

Third Principal Meridian, according to the plat thereof

recorded December 22, 1993 as Document No. 93R80090, in McHenry

County, Illinois; thence Northeasterly along the easterly line

of Illinois State Route 31 as dedicated per Book 12 of

Miscellaneous Records, pages 200, 201 and 203, 142.05 feet

along a curve to the left having a radius of 3859.83 feet, the

chord of said curve bears North 3 degrees 10 minutes 09 seconds

East, (bearings based on Illinois State Plane Coordinates East

Zone 1983 Datum) a chord distance of 142.05 feet to the Point

of Beginning; thence continuing Northeasterly along said

easterly line, 64.39 feet, said line being a curve to the left

having a radius of 3859.83 feet, the chord of said curve bears

North 1 degrees 38 minutes 13 seconds East, a chord distance of

64.38 feet; thence Northeasterly 12.69 feet along a curve to

the left having a radius of 6060.00 feet, the chord of said

curve bears North 03 degrees 49 minutes 49 seconds East, a

chord distance of 12.69 feet; thence South 89 degrees 01

minutes 32 seconds East, 4.46 feet; thence Southwesterly 77.18

feet along a curve to the right having a radius of 3864.83

feet, the chord of said curve bears South 01 degrees 32 minutes

47 seconds West, a chord distance of 77.17 feet; thence North

87 degrees 52 minutes 53 seconds West, 5.07 feet to the Point

of Beginning in McHenry County, Illinois.

Said parcel containing 387 square feet (0.009 acres) more or

less.

Route: Charles J. Miller Road

Section: Section 09-00372-00-PW

County: McHenry County

Job No.: R-91-020-06

Parcel: 0011TE-2

Sta. 537+44.77 To Sta. 538+37.59

Owner: Trapani, LLC, an Illinois

limited liability company

Index No. 14-02-100-050

A part of Lot 2, in McDonald's Subdivision, being a subdivision

of part of the Northwest Quarter of Section 2, Township 44

North, Range 8 East of the Third Principal Meridian, according

to the plat thereof recorded December 22, 1993 as Document No.

93R80090, in McHenry County, Illinois, described as follows:

Beginning at the southeast corner of said Lot 2; thence South

89 degrees 27 minutes 02 seconds West (bearings based on

Illinois State Plane Coordinates East Zone 1983 Datum) along

the south line of said Lot 2, 92.83 feet; thence North 00

degrees 33 minutes 02 seconds West, 33.91 feet; thence North 89

degrees 36 minutes 46 seconds East, 93.43 feet to a point on

the east line of said Lot 2; thence South 00 degrees 28 minutes

57 seconds West along said east line, 33.66 feet to the Point

of Beginning in McHenry County, Illinois.

Said parcel containing 3,146 square feet (0.072 acres) more or

less.

Route: Charles J. Miller Road

Section: Section 09-00372-00-PW

County: McHenry County

Job No.: R-91-020-06

Parcel: 0016

Sta. 538+37.74 To Sta. 539+63.26

Owner: Marion R. Reinwall Hoak

as Trustee of the Marion R.

Reinwall Hoak Living trust dated

September 15, 1998

Index No. 14-02-100-022

A part of the West Half of Government Lot 1 in the Northwest

Quarter of Section 2, Township 44 North, Range 8 East of the

Third Principal Meridian in McHenry County, Illinois,

described as follows:

Beginning at the southeast corner of said West Half of

Government Lot 1; thence South 89 degrees 27 minutes 02 seconds

West (bearings based on Illinois State Plane Coordinates East

Zone 1983 Datum) along the south line of said West Half of

Government Lot 1, 115.35 feet to the point of intersection with

the east line of Lot 2 in McDonald's Subdivision, being a

subdivision of part of the Northwest Quarter of Section 2,

Township 44 North, Range 8 East of the Third Principal

Meridian, according to the plat thereof recorded December 22,

1993 as Document No. 93R80090, in McHenry County, Illinois

extended southerly; thence North 00 degrees 28 minutes 57

seconds East along said east line extended southerly and along

said east line, 48.01 feet; thence North 89 degrees 27 minutes

02 seconds East, 115.36 feet to a point on the east line of

said West Half of Government Lot 1; thence South 00 degrees 29

minutes 41 seconds West along said east line, 48.01 feet to the

Point of Beginning in McHenry County, Illinois.

Said parcel containing 5,537 square feet (0.127 acres) more or

less, of which 0.087 acres more or less, has been previously

used or dedicated.

Route: Illinois State Route 31

Section: Section 09-00372-00-PW

County: McHenry County

Job No.: R-91-020-06

Parcel: 0017

Sta. 536+90.86 To Sta. 539+43.61

Owner: Alliance Bible Church of

the Christian and Missionary

Alliance, an Illinois not for profit

corporation

Index No. 14-02-302-005; 14-02-

302-004; 14-02-302-002

A part of Lots 4 and 5, in Smith First Addition being a

subdivision of the North 473.90 feet of the Northwest Quarter

of the Southwest Quarter of Section 2, Township 44 North, Range

8 East of the Third Principal Meridian, lying easterly of the

easterly right-of-way of State Route 31, according to the plat

thereof recorded in the recorder's office of McHenry County,

Illinois on February 16, 1973, as Document No. 586905 in

McHenry County, Illinois, described as follows:

Beginning at the northeast corner of said Lot 5; thence South

00 degrees 08 minutes 56 seconds West (bearings based on

Illinois State Plane Coordinates East Zone 1983 Datum) along

the east line of said Lot 5, 33.94 feet; thence Southwesterly

106.41 feet along a curve to the right having a radius of

795.00 feet, the chord of said curve bears South 85 degrees 36

minutes 55 seconds West, a chord distance of 106.34 feet;

thence South 89 degrees 26 minutes 58 seconds West, 154.36 feet

to a point on the west line of said Lot 4; thence North 00

degrees 10 minutes 27 seconds East along said west line, 41.06

feet to the northwest corner of said Lot 4; thence North 89

degrees 27 minutes 02 seconds East along the north line of said

Lots 4 and 5, 260.35 feet to the Point of Beginning in McHenry

County, Illinois.

Said parcel containing 10,438 square feet (0.240 acres) more or

less.

(Source: P.A. 98-852, eff. 8-1-14.)

(735 ILCS 30/25-5-60)

Sec. 25-5-60 25-5-55. Quick-take; Village of Mundelein.

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 98th General Assembly by the Village

of Mundelein in Lake County for the acquisition of property and

easements, legally described below, for the purpose of widening

and reconstructing Hawley Street from Midlothian Road to

Seymour Avenue, and making other public utility improvements

including the construction of a bike path:

PIN: 10-24-423-010

That part of Lot 11 (as originally platted), in Western Slope

Subdivision of Mundelein, being a Subdivision of part of the

Southeast Quarter of Section 24, and of the Northeast Quarter

of Section 25, Township 44 North, Range 10, East of the Third

Principal Meridian, according to the plat thereof recorded May

9, 1925 as Document 257151, in Book "N" of Plats, Page 98,

described as follows: beginning at the Southeast corner of Lot

11; thence West along the South line of said Lot, 99.95 (meas.)

100.00 feet (rec.) to the Southwest corner of said Lot; thence

North along the West line of said Lot, 10.00 feet; thence

Southeasterly 8.51 feet to a point 6.00 feet East of and 4.00

feet North of the Southwest corner of said Lot; thence East

parallel with the South line of said Lot, 93.97 feet to the

East line of said Lot; thence South along said last described

line, 4.00 feet to the point of beginning, Lake County,

Illinois. 417.50 sq. ft.

Temporary easement:

That part of Lot 11 (as originally platted), in Western Slope

Subdivision of Mundelein, being a Subdivision of part of the

Southeast Quarter of Section 24, and of the Northeast Quarter

of Section 25, Township 44 North, Range 10, East of the Third

Principal Meridian, according to the plot thereof recorded May

9, 1925 as Document 257151, in Book "N" of Plats, Page 98,

described as follows: commencing at the Southwest corner of

said Lot 11; thence North along the West line of said Lot,

10.00 feet to the point of beginning; thence continuing North

along said last described line, 35.00 feet; thence East

parallel with the South line of said Lot, 10.00 feet; thence

South parallel with the West line of said Lot, 25.00 feet to a

line 20.00 feet North of and parallel with the South line of

said Lot; thence East along said last described line, 20.00

feet; thence South parallel with the West line of said Lot,

16.00 feet to a line 4.00 feet North of and parallel with the

South line of said Lot; thence West along said last described

line, 24.00 feet to a point 6.00 feet East of the West line of

said Lot; thence Northwesterly, 8.51 feet to the point of

beginning, in Lake County, Illinois. Containing 712.00 sq. ft.

PIN: 10-24-423-011

The South 4.00 feet of Lot 10 (as originally platted), in

Western Slope Subdivision of Mundelein, being a Subdivision of

part of the Southeast Quarter of Section 24, and of the

Northeast Quarter of Section 25, Township 44 North, Range 10,

East of the Third Principal Meridian, according to the plat

thereof recorded May 9, 1925 as Document 257151, in Book "N" of

Plats, Page 98, Lake County, Illinois. 400.00 sq. ft.

PIN: 10-24-423-013

The South 4.00 feet of Lot 8 (as originally platted), in

Western Slope Subdivision of Mundelein, being a Subdivision of

part of the Southeast Quarter of Section 24, and of the

Northeast Quarter of Section 25, Township 44 North, Range 10,

East of the Third Principal Meridian, according to the plat

thereof recorded May 9, 1925 as Document 257151, in Book "N" of

Plats, Page 98, Lake County, Illinois. 400.00 sq. ft.

PIN: 10-24-423-016

The South 7.00 feet of Lot 5 (as originally platted), in

Western Slope Subdivision of Mundelein, being a Subdivision of

part of the Southeast Quarter of Section 24, and of the

Northeast Quarter of Section 25, Township 44 North, Range 10,

East of the Third Principal Meridian, according to the plat

thereof recorded May 9, 1925 as Document 257151, in Book "N" of

Plats, Page 98, Lake County, Illinois. 700.00 sq. ft.

Temporary Easement:

That part of Lot 5 (as originally platted), in Western Slope

Subdivision of Mundelein, being a Subdivision of part of the

Southeast Quarter of Section 24, and of the Northeast Quarter

of Section 25, Township 44 North, Range 10, East of the Third

Principal Meridian, according to the plat thereof recorded May

9, 1925 as Document 257151, in Book "N" of Plats, Page 98,

described as follows: commencing at the Southeast corner of

said Lot 5; thence North along the East line of said Lot, 7.00

feet to the point of beginning; thence West parallel with the

South line of said Lot, 100.00 feet to the West line of said

Lot; thence North along said last described line, 5.00 feet;

thence East parallel with the South line of said Lot, 52.00

feet; thence North parallel with the West line of said Lot,

22.50 feet; thence East parallel with the South line of said

Lot, 14.50 feet; thence North parallel with the West line of

said Lot, 5.20 feet; thence East parallel with the South line

of said Lot, 33.50 feet to the East line of said Lot; thence

South along the last described line, 32.70 feet to the point of

beginning, in Lake County, Illinois. 1754.20 sq. ft.

PIN: 10-24-423-018

The South 13.50 feet of Lot 3 (as originally platted), in

Western Slope Subdivision of Mundelein, being a Subdivision of

part of the Southeast Quarter of Section 24, and of the

Northeast Quarter of Section 25, Township 44 North, Range 10,

East of the Third Principal Meridian, according to the plat

thereof recorded May 9, 1925 as Document 257151, in Book "N" of

Plats, Page 98, Lake County, Illinois. 1350.00 sq. ft.

Temporary Easement:

That part of Lot 3 (as originally platted), in Western Slope

Subdivision of Mundelein, being a Subdivision of part of the

Southeast Quarter of Section 24, and of the Northeast Quarter

of Section 25, Township 44 North, Range 10, East of the Third

Principal Meridian, according to the plat thereof recorded May

9, 1925 as Document 257151, in Book "N" of Plats, Page 98,

described as follows: commencing at the Southeast corner of

said Lot 3; thence North along the East line of said Lot, 13.50

feet to the point of beginning; thence West parallel with the

South line of said Lot, 100.00 feet to the West line of said

Lot; thence North along said last described line, 10.00 feet;

thence East parallel with the South line of said Lot, 45.00

feet; thence North parallel with the West line of said Lot,

30.00 feet; thence East parallel with the South line of said

Lot, 34.00 feet; thence South parallel with the West line of

said Lot, 30.00 feet; thence East parallel with the South line

of said Lot, 21.00 feet to the East line of said Lot; thence

South along the last described line, 10.00 feet to the point of

beginning, in Lake County, Illinois. 2020.00 sq. ft.

PIN: 10-24-423-019

The South 13.50 feet of Lot 2 (as originally platted), in

Western Slope Subdivision of Mundelein, being a Subdivision of

part of the Southeast Quarter of Section 24, and of the

Northeast Quarter of Section 25, Township 44 North, Range 10,

East of the Third Principal Meridian, according to the plat

thereof recorded May 9, 1925 as Document 257151, in Book "N" of

Plats, Page 98, Lake County, Illinois. 1350.00 sq. ft.

PIN: 10-24-423-021

The South 13.50 feet of a tract of land described as Lot 1 (as

originally platted), (except that part taken for highway per

Document No. 2242325 and 2242326), in Western Slope Subdivision

of Mundelein, being a Subdivision of part of the Southeast

Quarter of Section 24, and of the Northeast Quarter of Section

25, Township 44 North, Range 10, East of the Third Principal

Meridian, according to the plat thereof recorded May 9, 1925 as

Document 257151, in Book "N" of Plats, Page 98, Lake County,

Illinois. 1040.30 sq. ft.

PIN: 10-25-205-003

Temporary Easement:

That part of Lot 44 (as originally platted), in Western Slope

Subdivision of Mundelein, being a Subdivision of part of the

Southeast Quarter of Section 24, and of the Northeast Quarter

of Section 25, Township 44 North, Range 10, East of the Third

Principal Meridian, according to the plat thereof recorded May

9, 1925 as Document 257151 in Book "N" of Plats, Page 98,

described as follows: commencing at the Northeast corner of

said Lot 44; thence South along the East line of said Lot, 5.00

feet; thence West parallel with the North line of said Lot,

34.00 feet; thence South parallel with the East line of said

Lot, 5.00 feet; thence West parallel with the North line of

said Lot, 16.00 feet to the West line of said Lot; thence North

along said last described Lot, 10.00 feet to the Northwest

corner of said lot; thence East along the North line of said

lot, 50.00 feet to the point of beginning, in Lake County,

Illinois. Containing 331.00 sq. ft.

PIN: 10-25-205-004

Temporary Easement:

The North 10.00 feet (except the South 5.00 feet of the West

24.00 feet and the South 5.00 feet of the East 3.00 feet

thereof) of Lot 45 (as originally platted), in Western Slope

Subdivision of Mundelein, being a Subdivision of part of the

Southeast Quarter of Section 24, and of the Northeast Quarter

of Section 25, Township 44 North, Range 10, East of the Third

Principal Meridian, according to the plat thereof recorded May

9, 1925 as Document 257151, in Book "N" of Plats, Page 98, Lake

County, Illinois. Containing 365.40 sq. ft.

PIN: 10-25-205-005

Temporary Easement:

The North 5.00 feet of Lot 46 (as originally platted), in

Western Slope Subdivision of Mundelein, being a Subdivision of

part of the Southeast Quarter of Section 24, and of the

Northeast Quarter of Section 25, Township 44 North, Range 10,

East of the Third Principal Meridian, according to the plat

thereof recorded May 9, 1925 as Document 257151, in Book "N" of

Plats, Page 98, Lake County, Illinois. 250.00 sq. ft.

PIN: 10-25-206-003

Temporary Easement:

The North 5.00 feet of Lot 60 (as originally platted), in

Western Slope Subdivision of Mundelein, being a Subdivision of

part of the Southeast Quarter of Section 24, and of the

Northeast Quarter of Section 25, Township 44 North, Range 10,

East of the Third Principal Meridian, according to the plat

thereof recorded May 9, 1925 as Document 257151, in Book "N" of

Plats, Page 98, in Lake County, Illinois. 250.00 sq. ft.

PIN: 11-30-101-004

Temporary Easement:

The North 5.00 feet of the East 30.00 feet of a tract of land

described as the West 75.00 feet of Lots 1 and 2, in Block 1 of

Hammond's Addition to Rockefeller, being a Subdivision of part

of Lot 2 of the Northwest Quarter of Section 30, Township 44

North, Range 11 East of the Third Principal Meridian, according

to the plat thereof recorded April 2, 1895 as Document No.

61511, in Book "D" of Plats, Page 24,in Lake County, Illinois.

150.00 sq. ft.

PIN: 11-30-120-001

That part of Lot 1 in Hawley Commons, being a subdivision of

part of the Northwest Quarter of Section 30, Township 44 North,

Range 11 East, of the Third Principal Meridian according to the

plat thereof recorded October 8, 1999 as Document No. 4432301,

and described as follows: Beginning at the Northwest corner of

Lot 1; thence South along the West line of said Lot 1, 17.00

feet; thence Northeasterly 23.91 feet to a point 17.00 feet

East of the point of beginning and on the North line of said

Lot 1; thence West along the North line of Lot 1, 17.00 feet to

the point of beginning, in Lake County, Illinois. Containing

144.50 sq. ft.

PIN: 10-24-314-036

That part of Lot 14 in Block 2 in Mundelein Home Crest

Subdivision of the Northeast Quarter of the Northwest Quarter

of Section 25 and part of the East Half of the Southwest

Quarter of Section 24, all in Township 44 North, Range 10 East

of the Third Principal Meridian, according to the plat thereof

recorded June 4, 1926 as Document No. 280148 in Book "P" of

Plats, Pages 62 and 63, described as lying Southeasterly of a

curve concave Northwesterly having a radius of 45.00 feet and

being tangent to the East and South lines of said Lot 14, in

Lake County, Illinois. 445.10 sq. ft.

(Source: P.A. 98-1070, eff. 8-26-14; revised 10-20-14.)

Section 545. The Controlled Substance and Cannabis

Nuisance Act is amended by changing Section 3 as follows:

(740 ILCS 40/3) (from Ch. 100 1/2, par. 16)

Sec. 3. (a) The Department or the State's Attorney or any

citizen of the county in which a nuisance exists may file a

complaint in the name of the People of the State of Illinois,

to enjoin all persons from maintaining or permitting such

nuisance, to abate the same and to enjoin the use of any such

place for the period of one year.

(b) Upon the filing of a complaint by the State's Attorney

or the Department in which the complaint states that

irreparable injury, loss or damage will result to the People of

the State of Illinois, the court shall enter a temporary

restraining order without notice enjoining the maintenance of

such nuisance, upon testimony under oath, affidavit, or

verified complaint containing facts sufficient, if sustained,

to justify the court in entering a preliminary injunction upon

a hearing after notice. Every such temporary restraining order

entered without notice shall be endorsed with the date and hour

of entry of the order, shall be filed of record, and shall

expire by its terms within such time after entry, not to exceed

10 days as fixed by the court, unless the temporary restraining

order, for good cause, is extended for a like period or unless

the party against whom the order is directed consents that it

may be extended for a longer period. The reason for extension

shall be shown in the order. In case a temporary restraining

order is entered without notice, the motion for a permanent

injunction shall be set down for hearing at the earliest

possible time and takes precedence over all matters except

older matters of the same character, and when the motion comes

on for hearing, the Department or State's Attorney, as the case

may be, shall proceed with the application for a permanent

injunction, and, if he does not do so, the court shall dissolve

the temporary restraining order. On 2 days' days notice to the

Department or State's Attorney, as the case may be, the

defendant may appear and move the dissolution or modification

of such temporary restraining order and in that event the court

shall proceed to hear and determine such motion as

expeditiously as the ends of justice require.

(c) Upon the filing of the complaint by a citizen or the

Department or the State's Attorney (in cases in which the

Department or State's Attorney does do not request injunctive

relief without notice) in the circuit court, the court, if

satisfied that the nuisance complained of exists, shall allow a

temporary restraining order, with bond unless the application

is filed by the Department or State's Attorney, in such amount

as the court may determine, enjoining the defendant from

maintaining any such nuisance within the jurisdiction of the

court granting the injunctive relief. However, no such

injunctive relief shall be granted, except on behalf of an

owner or agent, unless it be made to appear to the satisfaction

of the court that the owner or agent of such place, knew or had

been personally served with a notice signed by the plaintiff

and, that such notice has been served upon such owner or such

agent of such place at least 5 days prior thereto, that such

place, specifically describing the same, was being so used,

naming the date or dates of its being so used, and that such

owner or agent had failed to abate such nuisance, or that upon

diligent inquiry such owner or agent could not be found for the

service of such preliminary notice. The lessee, if any, of such

place shall be made a party defendant to such petition. If the

property owner is a corporation and the Department or the

State's Attorney sends the preliminary notice to the corporate

address registered with the Secretary of State, such action

shall create a rebuttable presumption that the parties have

acted with due diligence and the court may grant injunctive

relief.

(d) In all cases in which the complaint is filed by a

citizen, such complaint shall be verified.

(Source: P.A. 95-503, eff. 1-1-08; revised 12-10-14.)

Section 550. The Mental Health and Developmental

Disabilities Confidentiality Act is amended by changing

Sections 9.2 and 10 as follows:

(740 ILCS 110/9.2)

Sec. 9.2. Interagency disclosure of recipient information.

For the purposes of continuity of care, the Department of Human

Services (as successor to the Department of Mental Health and

Developmental Disabilities), community agencies funded by the

Department of Human Services in that capacity, licensed private

hospitals, integrated health systems, members of an

interdisciplinary team, federally qualified health centers, or

physicians or therapists or other healthcare providers

licensed or certified by or receiving payments from the

Department of Human Services or the Department of Healthcare

and Family Services, State correctional facilities, juvenile

justice facilities, mental health facilities operated by a

county, mental health court professionals as defined in Section

10 of the Mental Health Court Treatment Act, Veterans and

Servicemembers Court professionals as defined in Section 10 of

the Veterans and Servicemembers Court Treatment Act and jails

and juvenile detention facilities operated by any county of

this State may disclose a recipient's record or communications,

without consent, to each other, but only for the purpose of

admission, treatment, planning, coordinating care, discharge,

or governmentally mandated public health reporting. Entities

shall not redisclose any personally identifiable information,

unless necessary for admission, treatment, planning,

coordinating care, discharge, or governmentally mandated

public health reporting another setting. No records or

communications may be disclosed to a county jail or State

correctional facility pursuant to this Section unless the

Department has entered into a written agreement with the county

jail or State correctional facility requiring that the county

jail or State correctional facility adopt written policies and

procedures designed to ensure that the records and

communications are disclosed only to those persons employed by

or under contract to the county jail or State correctional

facility who are involved in the provision of mental health

services to inmates and that the records and communications are

protected from further disclosure.

(Source: P.A. 97-946, eff. 8-13-12; 98-378, eff. 8-16-13;

revised 12-10-14.)

(740 ILCS 110/10) (from Ch. 91 1/2, par. 810)

Sec. 10. (a) Except as provided herein, in any civil,

criminal, administrative, or legislative proceeding, or in any

proceeding preliminary thereto, a recipient, and a therapist on

behalf and in the interest of a recipient, has the privilege to

refuse to disclose and to prevent the disclosure of the

recipient's record or communications.

(1) Records and communications may be disclosed in a

civil, criminal or administrative proceeding in which the

recipient introduces his mental condition or any aspect of

his services received for such condition as an element of

his claim or defense, if and only to the extent the court

in which the proceedings have been brought, or, in the case

of an administrative proceeding, the court to which an

appeal or other action for review of an administrative

determination may be taken, finds, after in camera

examination of testimony or other evidence, that it is

relevant, probative, not unduly prejudicial or

inflammatory, and otherwise clearly admissible; that other

satisfactory evidence is demonstrably unsatisfactory as

evidence of the facts sought to be established by such

evidence; and that disclosure is more important to the

interests of substantial justice than protection from

injury to the therapist-recipient relationship or to the

recipient or other whom disclosure is likely to harm.

Except in a criminal proceeding in which the recipient, who

is accused in that proceeding, raises the defense of

insanity, no record or communication between a therapist

and a recipient shall be deemed relevant for purposes of

this subsection, except the fact of treatment, the cost of

services and the ultimate diagnosis unless the party

seeking disclosure of the communication clearly

establishes in the trial court a compelling need for its

production. However, for purposes of this Act, in any

action brought or defended under the Illinois Marriage and

Dissolution of Marriage Act, or in any action in which pain

and suffering is an element of the claim, mental condition

shall not be deemed to be introduced merely by making such

claim and shall be deemed to be introduced only if the

recipient or a witness on his behalf first testifies

concerning the record or communication.

(2) Records or communications may be disclosed in a

civil proceeding after the recipient's death when the

recipient's physical or mental condition has been

introduced as an element of a claim or defense by any party

claiming or defending through or as a beneficiary of the

recipient, provided the court finds, after in camera

examination of the evidence, that it is relevant,

probative, and otherwise clearly admissible; that other

satisfactory evidence is not available regarding the facts

sought to be established by such evidence; and that

disclosure is more important to the interests of

substantial justice than protection from any injury which

disclosure is likely to cause.

(3) In the event of a claim made or an action filed by

a recipient, or, following the recipient's death, by any

party claiming as a beneficiary of the recipient for injury

caused in the course of providing services to such

recipient, the therapist and other persons whose actions

are alleged to have been the cause of injury may disclose

pertinent records and communications to an attorney or

attorneys engaged to render advice about and to provide

representation in connection with such matter and to

persons working under the supervision of such attorney or

attorneys, and may testify as to such records or

communication in any administrative, judicial or discovery

proceeding for the purpose of preparing and presenting a

defense against such claim or action.

(4) Records and communications made to or by a

therapist in the course of examination ordered by a court

for good cause shown may, if otherwise relevant and

admissible, be disclosed in a civil, criminal, or

administrative proceeding in which the recipient is a party

or in appropriate pretrial proceedings, provided such

court has found that the recipient has been as adequately

and as effectively as possible informed before submitting

to such examination that such records and communications

would not be considered confidential or privileged. Such

records and communications shall be admissible only as to

issues involving the recipient's physical or mental

condition and only to the extent that these are germane to

such proceedings.

(5) Records and communications may be disclosed in a

proceeding under the Probate Act of 1975, to determine a

recipient's competency or need for guardianship, provided

that the disclosure is made only with respect to that

issue.

(6) Records and communications may be disclosed to a

court-appointed therapist, psychologist, or psychiatrist

for use in determining a person's fitness to stand trial if

the records were made within the 180-day period immediately

preceding the date of the therapist's, psychologist's or

psychiatrist's court appointment. These records and

communications shall be admissible only as to the issue of

the person's fitness to stand trial. Records and

communications may be disclosed when such are made during

treatment which the recipient is ordered to undergo to

render him fit to stand trial on a criminal charge,

provided that the disclosure is made only with respect to

the issue of fitness to stand trial.

(7) Records and communications of the recipient may be

disclosed in any civil or administrative proceeding

involving the validity of or benefits under a life,

accident, health or disability insurance policy or

certificate, or Health Care Service Plan Contract,

insuring the recipient, but only if and to the extent that

the recipient's mental condition, or treatment or services

in connection therewith, is a material element of any claim

or defense of any party, provided that information sought

or disclosed shall not be redisclosed except in connection

with the proceeding in which disclosure is made.

(8) Records or communications may be disclosed when

such are relevant to a matter in issue in any action

brought under this Act and proceedings preliminary

thereto, provided that any information so disclosed shall

not be utilized for any other purpose nor be redisclosed

except in connection with such action or preliminary

proceedings.

(9) Records and communications of the recipient may be

disclosed in investigations of and trials for homicide when

the disclosure relates directly to the fact or immediate

circumstances of the homicide.

(10) Records and communications of a deceased

recipient shall be disclosed to a coroner conducting a

preliminary investigation into the recipient's death under

Section 3-3013 of the Counties Code.

(11) Records and communications of a recipient shall be

disclosed in a proceeding where a petition or motion is

filed under the Juvenile Court Act of 1987 and the

recipient is named as a parent, guardian, or legal

custodian of a minor who is the subject of a petition for

wardship as described in Section 2-3 of that Act or a minor

who is the subject of a petition for wardship as described

in Section 2-4 of that Act alleging the minor is abused,

neglected, or dependent or the recipient is named as a

parent of a child who is the subject of a petition,

supplemental petition, or motion to appoint a guardian with

the power to consent to adoption under Section 2-29 of the

Juvenile Court Act of 1987.

(12) Records and communications of a recipient may be

disclosed when disclosure is necessary to collect sums or

receive third party payment representing charges for

mental health or developmental disabilities services

provided by a therapist or agency to a recipient; however,

disclosure shall be limited to information needed to pursue

collection, and the information so disclosed may not be

used for any other purposes nor may it be redisclosed

except in connection with collection activities. Whenever

records are disclosed pursuant to this subdivision (12),

the recipient of the records shall be advised in writing

that any person who discloses mental health records and

communications in violation of this Act may be subject to

civil liability pursuant to Section 15 of this Act or to

criminal penalties pursuant to Section 16 of this Act or

both.

(b) Before a disclosure is made under subsection (a), any

party to the proceeding or any other interested person may

request an in camera review of the record or communications to

be disclosed. The court or agency conducting the proceeding may

hold an in camera review on its own motion. When, contrary to

the express wish of the recipient, the therapist asserts a

privilege on behalf and in the interest of a recipient, the

court may require that the therapist, in an in camera hearing,

establish that disclosure is not in the best interest of the

recipient. The court or agency may prevent disclosure or limit

disclosure to the extent that other admissible evidence is

sufficient to establish the facts in issue. The court or agency

may enter such orders as may be necessary in order to protect

the confidentiality, privacy, and safety of the recipient or of

other persons. Any order to disclose or to not disclose shall

be considered a final order for purposes of appeal and shall be

subject to interlocutory appeal.

(c) A recipient's records and communications may be

disclosed to a duly authorized committee, commission or

subcommittee of the General Assembly which possesses subpoena

and hearing powers, upon a written request approved by a

majority vote of the committee, commission or subcommittee

members. The committee, commission or subcommittee may request

records only for the purposes of investigating or studying

possible violations of recipient rights. The request shall

state the purpose for which disclosure is sought.

The facility shall notify the recipient, or his guardian,

and therapist in writing of any disclosure request under this

subsection within 5 business days after such request. Such

notification shall also inform the recipient, or guardian, and

therapist of their right to object to the disclosure within 10

business days after receipt of the notification and shall

include the name, address and telephone number of the

committee, commission or subcommittee member or staff person

with whom an objection shall be filed. If no objection has been

filed within 15 business days after the request for disclosure,

the facility shall disclose the records and communications to

the committee, commission or subcommittee. If an objection has

been filed within 15 business days after the request for

disclosure, the facility shall disclose the records and

communications only after the committee, commission or

subcommittee has permitted the recipient, guardian or

therapist to present his objection in person before it and has

renewed its request for disclosure by a majority vote of its

members.

Disclosure under this subsection shall not occur until all

personally identifiable data of the recipient and provider are

removed from the records and communications. Disclosure under

this subsection shall not occur in any public proceeding.

(d) No party to any proceeding described under paragraphs

(1), (2), (3), (4), (7), or (8) of subsection (a) of this

Section, nor his or her attorney, shall serve a subpoena

seeking to obtain access to records or communications under

this Act unless the subpoena is accompanied by a written order

issued by a judge or by the written consent under Section 5 of

this Act of the person whose records are being sought,

authorizing the disclosure of the records or the issuance of

the subpoena. No such written order shall be issued without

written notice of the motion to the recipient and the treatment

provider. Prior to issuance of the order, each party or other

person entitled to notice shall be permitted an opportunity to

be heard pursuant to subsection (b) of this Section. In the

absence of the written consent under Section 5 of this Act of

the person whose records are being sought, no person shall

comply with a subpoena for records or communications under this

Act, unless the subpoena is accompanied by a written order

authorizing the issuance of the subpoena or the disclosure of

the records. Each subpoena issued by a court or administrative

agency or served on any person pursuant to this subsection (d)

shall include the following language: "No person shall comply

with a subpoena for mental health records or communications

pursuant to Section 10 of the Mental Health and Developmental

Disabilities Confidentiality Act, 740 ILCS 110/10, unless the

subpoena is accompanied by a written order that authorizes the

issuance of the subpoena and the disclosure of records or

communications or by the written consent under Section 5 of

that Act of the person whose records are being sought."

(e) When a person has been transported by a peace officer

to a mental health facility, then upon the request of a peace

officer, if the person is allowed to leave the mental health

facility within 48 hours of arrival, excluding Saturdays,

Sundays, and holidays, the facility director shall notify the

local law enforcement authority prior to the release of the

person. The local law enforcement authority may re-disclose the

information as necessary to alert the appropriate enforcement

or prosecuting authority.

(f) A recipient's records and communications shall be

disclosed to the Inspector General of the Department of Human

Services within 10 business days of a request by the Inspector

General (i) in the course of an investigation authorized by the

Department of Human Services Act and applicable rule or (ii)

during the course of an assessment authorized by the Abuse of

Adults with Disabilities Intervention Act and applicable rule.

The request shall be in writing and signed by the Inspector

General or his or her designee. The request shall state the

purpose for which disclosure is sought. Any person who

knowingly and willfully refuses to comply with such a request

is guilty of a Class A misdemeanor. A recipient's records and

communications shall also be disclosed pursuant to subsection

(s) (g-5) of Section 1-17 of the Department of Human Services

Act in testimony at health care worker registry hearings or

preliminary proceedings when such are relevant to the matter in

issue, provided that any information so disclosed shall not be

utilized for any other purpose nor be redisclosed except in

connection with such action or preliminary proceedings.

(Source: P.A. 97-566, eff. 1-1-12; 98-221, eff. 1-1-14; 98-908,

eff. 1-1-15; revised 12-10-14.)

Section 555. The Illinois Marriage and Dissolution of

Marriage Act is amended by changing Sections 220, 503, and 601

as follows:

(750 ILCS 5/220)

Sec. 220. Consent to jurisdiction. Members of a same-sex

couple who enter into a marriage in this State consent to the

jurisdiction of the courts of this State for the purpose of any

action relating to the marriage, even if one or both parties

cease to reside in this State. A court shall enter a judgment

of dissolution of marriage if, at the time the action is

commenced, it meets the grounds for dissolution of marriage set

forth in this Act.

(Source: P.A. 98-597, eff. 6-1-14; revised 12-10-14.)

(750 ILCS 5/503) (from Ch. 40, par. 503)

Sec. 503. Disposition of property.

(a) For purposes of this Act, "marital property" means all

property acquired by either spouse subsequent to the marriage,

except the following, which is known as "non-marital property":

(1) property acquired by gift, legacy or descent;

(2) property acquired in exchange for property

acquired before the marriage or in exchange for property

acquired by gift, legacy or descent;

(3) property acquired by a spouse after a judgment of

legal separation;

(4) property excluded by valid agreement of the

parties;

(5) any judgment or property obtained by judgment

awarded to a spouse from the other spouse;

(6) property acquired before the marriage;

(7) the increase in value of property acquired by a

method listed in paragraphs (1) through (6) of this

subsection, irrespective of whether the increase results

from a contribution of marital property, non-marital

property, the personal effort of a spouse, or otherwise,

subject to the right of reimbursement provided in

subsection (c) of this Section; and

(8) income from property acquired by a method listed in

paragraphs (1) through (7) of this subsection if the income

is not attributable to the personal effort of a spouse.

(b)(1) For purposes of distribution of property pursuant to

this Section, all property acquired by either spouse after the

marriage and before a judgment of dissolution of marriage or

declaration of invalidity of marriage, including non-marital

property transferred into some form of co-ownership between the

spouses, is presumed to be marital property, regardless of

whether title is held individually or by the spouses in some

form of co-ownership such as joint tenancy, tenancy in common,

tenancy by the entirety, or community property. The presumption

of marital property is overcome by a showing that the property

was acquired by a method listed in subsection (a) of this

Section.

(2) For purposes of distribution of property pursuant to

this Section, all pension benefits (including pension benefits

under the Illinois Pension Code) acquired by either spouse

after the marriage and before a judgment of dissolution of

marriage or declaration of invalidity of the marriage are

presumed to be marital property, regardless of which spouse

participates in the pension plan. The presumption that these

pension benefits are marital property is overcome by a showing

that the pension benefits were acquired by a method listed in

subsection (a) of this Section. The right to a division of

pension benefits in just proportions under this Section is

enforceable under Section 1-119 of the Illinois Pension Code.

The value of pension benefits in a retirement system

subject to the Illinois Pension Code shall be determined in

accordance with the valuation procedures established by the

retirement system.

The recognition of pension benefits as marital property and

the division of those benefits pursuant to a Qualified Illinois

Domestic Relations Order shall not be deemed to be a

diminishment, alienation, or impairment of those benefits. The

division of pension benefits is an allocation of property in

which each spouse has a species of common ownership.

(3) For purposes of distribution of property under this

Section, all stock options granted to either spouse after the

marriage and before a judgment of dissolution of marriage or

declaration of invalidity of marriage, whether vested or

non-vested or whether their value is ascertainable, are

presumed to be marital property. This presumption of marital

property is overcome by a showing that the stock options were

acquired by a method listed in subsection (a) of this Section.

The court shall allocate stock options between the parties at

the time of the judgment of dissolution of marriage or

declaration of invalidity of marriage recognizing that the

value of the stock options may not be then determinable and

that the actual division of the options may not occur until a

future date. In making the allocation between the parties, the

court shall consider, in addition to the factors set forth in

subsection (d) of this Section, the following:

(i) All circumstances underlying the grant of the stock

option including but not limited to whether the grant was

for past, present, or future efforts, or any combination

thereof.

(ii) The length of time from the grant of the option to

the time the option is exercisable.

(b-5) As to any policy of life insurance insuring the life

of either spouse, or any interest in such policy, that

constitutes marital property, whether whole life, term life,

group term life, universal life, or other form of life

insurance policy, and whether or not the value is

ascertainable, the court shall allocate ownership, death

benefits or the right to assign death benefits, and the

obligation for premium payments, if any, equitably between the

parties at the time of the judgment for dissolution or

declaration of invalidity of marriage.

(c) Commingled marital and non-marital property shall be

treated in the following manner, unless otherwise agreed by the

spouses:

(1) When marital and non-marital property are

commingled by contributing one estate of property into

another resulting in a loss of identity of the contributed

property, the classification of the contributed property

is transmuted to the estate receiving the contribution,

subject to the provisions of paragraph (2) of this

subsection; provided that if marital and non-marital

property are commingled into newly acquired property

resulting in a loss of identity of the contributing

estates, the commingled property shall be deemed

transmuted to marital property, subject to the provisions

of paragraph (2) of this subsection.

(2) When one estate of property makes a contribution to

another estate of property, or when a spouse contributes

personal effort to non-marital property, the contributing

estate shall be reimbursed from the estate receiving the

contribution notwithstanding any transmutation; provided,

that no such reimbursement shall be made with respect to a

contribution which is not retraceable by clear and

convincing evidence, or was a gift, or, in the case of a

contribution of personal effort of a spouse to non-marital

property, unless the effort is significant and results in

substantial appreciation of the non-marital property.

Personal effort of a spouse shall be deemed a contribution

by the marital estate. The court may provide for

reimbursement out of the marital property to be divided or

by imposing a lien against the non-marital property which

received the contribution.

(d) In a proceeding for dissolution of marriage or

declaration of invalidity of marriage, or in a proceeding for

disposition of property following dissolution of marriage by a

court which lacked personal jurisdiction over the absent spouse

or lacked jurisdiction to dispose of the property, the court

shall assign each spouse's non-marital property to that spouse.

It also shall divide the marital property without regard to

marital misconduct in just proportions considering all

relevant factors, including:

(1) the contribution of each party to the acquisition,

preservation, or increase or decrease in value of the

marital or non-marital property, including (i) any such

decrease attributable to a payment deemed to have been an

advance from the parties' marital estate under subsection

(c-1)(2) of Section 501 and (ii) the contribution of a

spouse as a homemaker or to the family unit;

(2) the dissipation by each party of the marital or

non-marital property, provided that a party's claim of

dissipation is subject to the following conditions:

(i) a notice of intent to claim dissipation shall

be given no later than 60 days before trial or 30 days

after discovery closes, whichever is later;

(ii) the notice of intent to claim dissipation

shall contain, at a minimum, a date or period of time

during which the marriage began undergoing an

irretrievable breakdown, an identification of the

property dissipated, and a date or period of time

during which the dissipation occurred;

(iii) the notice of intent to claim dissipation

shall be filed with the clerk of the court and be

served pursuant to applicable rules;

(iv) no dissipation shall be deemed to have

occurred prior to 5 years before the filing of the

petition for dissolution of marriage, or 3 years after

the party claiming dissipation knew or should have

known of the dissipation;

(3) the value of the property assigned to each spouse;

(4) the duration of the marriage;

(5) the relevant economic circumstances of each spouse

when the division of property is to become effective,

including the desirability of awarding the family home, or

the right to live therein for reasonable periods, to the

spouse having custody of the children;

(6) any obligations and rights arising from a prior

marriage of either party;

(7) any antenuptial agreement of the parties;

(8) the age, health, station, occupation, amount and

sources of income, vocational skills, employability,

estate, liabilities, and needs of each of the parties;

(9) the custodial provisions for any children;

(10) whether the apportionment is in lieu of or in

addition to maintenance;

(11) the reasonable opportunity of each spouse for

future acquisition of capital assets and income; and

(12) the tax consequences of the property division upon

the respective economic circumstances of the parties.

(e) Each spouse has a species of common ownership in the

marital property which vests at the time dissolution

proceedings are commenced and continues only during the

pendency of the action. Any such interest in marital property

shall not encumber that property so as to restrict its

transfer, assignment or conveyance by the title holder unless

such title holder is specifically enjoined from making such

transfer, assignment or conveyance.

(f) In a proceeding for dissolution of marriage or

declaration of invalidity of marriage or in a proceeding for

disposition of property following dissolution of marriage by a

court that lacked personal jurisdiction over the absent spouse

or lacked jurisdiction to dispose of the property, the court,

in determining the value of the marital and non-marital

property for purposes of dividing the property, shall value the

property as of the date of trial or some other date as close to

the date of trial as is practicable.

(g) The court if necessary to protect and promote the best

interests of the children may set aside a portion of the

jointly or separately held estates of the parties in a separate

fund or trust for the support, maintenance, education, physical

and mental health, and general welfare of any minor, dependent,

or incompetent child of the parties. In making a determination

under this subsection, the court may consider, among other

things, the conviction of a party of any of the offenses set

forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,

12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,

12-15, or 12-16, or Section 12-3.05 except for subdivision

(a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal

Code of 2012 if the victim is a child of one or both of the

parties, and there is a need for, and cost of, care, healing

and counseling for the child who is the victim of the crime.

(h) Unless specifically directed by a reviewing court, or

upon good cause shown, the court shall not on remand consider

any increase or decrease in the value of any "marital" or

"non-marital" property occurring since the assessment of such

property at the original trial or hearing, but shall use only

that assessment made at the original trial or hearing.

(i) The court may make such judgments affecting the marital

property as may be just and may enforce such judgments by

ordering a sale of marital property, with proceeds therefrom to

be applied as determined by the court.

(j) After proofs have closed in the final hearing on all

other issues between the parties (or in conjunction with the

final hearing, if all parties so stipulate) and before judgment

is entered, a party's petition for contribution to fees and

costs incurred in the proceeding shall be heard and decided, in

accordance with the following provisions:

(1) A petition for contribution, if not filed before

the final hearing on other issues between the parties,

shall be filed no later than 30 days after the closing of

proofs in the final hearing or within such other period as

the court orders.

(2) Any award of contribution to one party from the

other party shall be based on the criteria for division of

marital property under this Section 503 and, if maintenance

has been awarded, on the criteria for an award of

maintenance under Section 504.

(3) The filing of a petition for contribution shall not

be deemed to constitute a waiver of the attorney-client

privilege between the petitioning party and current or

former counsel; and such a waiver shall not constitute a

prerequisite to a hearing for contribution. If either

party's presentation on contribution, however, includes

evidence within the scope of the attorney-client

privilege, the disclosure or disclosures shall be narrowly

construed and shall not be deemed by the court to

constitute a general waiver of the privilege as to matters

beyond the scope of the presentation.

(4) No finding on which a contribution award is based

or denied shall be asserted against counsel or former

counsel for purposes of any hearing under subsection (c) or

(e) of Section 508.

(5) A contribution award (payable to either the

petitioning party or the party's counsel, or jointly, as

the court determines) may be in the form of either a set

dollar amount or a percentage of fees and costs (or a

portion of fees and costs) to be subsequently agreed upon

by the petitioning party and counsel or, alternatively,

thereafter determined in a hearing pursuant to subsection

(c) of Section 508 or previously or thereafter determined

in an independent proceeding under subsection (e) of

Section 508.

(6) The changes to this Section 503 made by this

amendatory Act of 1996 apply to cases pending on or after

June 1, 1997, except as otherwise provided in Section 508.

(k) The changes made to this Section by Public Act 97-941

this amendatory Act of the 97th General Assembly apply only to

petitions for dissolution of marriage filed on or after January

1, 2013 (the effective date of Public Act 97-941) this

amendatory Act of the 97th General Assembly.

(Source: P.A. 96-583, eff. 1-1-10; 96-1551, Article 1, Section

985, eff. 7-1-11; 96-1551, Article 2, Section 1100, eff.

7-1-11; 97-608, eff. 1-1-12; 97-941, eff. 1-1-13; 97-1109, eff.

1-1-13; 97-1150, eff. 1-25-13; revised 12-10-14.)

(750 ILCS 5/601) (from Ch. 40, par. 601)

Sec. 601. Jurisdiction; Commencement of Proceeding.

(a) A court of this State competent to decide child custody

matters has jurisdiction to make a child custody determination

in original or modification proceedings as provided in Section

201 of the Uniform Child-Custody Jurisdiction and Enforcement

Act as adopted by this State.

(b) A child custody proceeding is commenced in the court:

(1) by a parent, by filing a petition:

(i) for dissolution of marriage or legal

separation or declaration of invalidity of marriage;

or

(ii) for custody of the child, in the county in

which he is permanently resident or found;

(2) by a person other than a parent, by filing a

petition for custody of the child in the county in which he

is permanently resident or found, but only if he is not in

the physical custody of one of his parents; or

(3) by a stepparent, by filing a petition, if all of

the following circumstances are met:

(A) the child is at least 12 years old;

(B) the custodial parent and stepparent were

married for at least 5 years during which the child

resided with the parent and stepparent;

(C) the custodial parent is deceased or is disabled

and cannot perform the duties of a parent to the child;

(D) the stepparent provided for the care, control,

and welfare to the child prior to the initiation of

custody proceedings;

(E) the child wishes to live with the stepparent;

and

(F) it is alleged to be in the best interests and

welfare of the child to live with the stepparent as

provided in Section 602 of this Act; or .

(4) when When one of the parents is deceased, by a

grandparent who is a parent or stepparent of a deceased

parent, by filing a petition, if one or more of the

following existed at the time of the parent's death:

(A) the surviving parent had been absent from the

marital abode for more than one month without the

deceased spouse knowing his or her whereabouts;

(B) the surviving parent was in State or federal

custody; or

(C) the surviving parent had: (i) received

supervision for or been convicted of any violation of

Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,

11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6,

19-6, or Article 12 of the Criminal Code of 1961 or the

Criminal Code of 2012 directed towards the deceased

parent or the child; or (ii) received supervision or

been convicted of violating an order of protection

entered under Section 217, 218, or 219 of the Illinois

Domestic Violence Act of 1986 for the protection of the

deceased parent or the child.

(c) Notice of a child custody proceeding, including an

action for modification of a previous custody order, shall be

given to the child's parents, guardian and custodian, who may

appear, be heard, and file a responsive pleading. The court,

upon showing of good cause, may permit intervention of other

interested parties.

(d) Proceedings for modification of a previous custody

order commenced more than 30 days following the entry of a

previous custody order must be initiated by serving a written

notice and a copy of the petition for modification upon the

child's parent, guardian and custodian at least 30 days prior

to hearing on the petition. Nothing in this Section shall

preclude a party in custody modification proceedings from

moving for a temporary order under Section 603 of this Act.

(e) (Blank).

(f) The court shall, at the court's discretion or upon the

request of any party entitled to petition for custody of the

child, appoint a guardian ad litem to represent the best

interest of the child for the duration of the custody

proceeding or for any modifications of any custody orders

entered. Nothing in this Section shall be construed to prevent

the court from appointing the same guardian ad litem for 2 or

more children that are siblings or half-siblings.

(Source: P.A. 97-1150, eff. 1-25-13; revised 12-10-14.)

Section 560. The Uniform Interstate Family Support Act is

amended by changing Section 102 as follows:

(750 ILCS 22/102) (was 750 ILCS 22/101)

Sec. 102. Definitions. In this Act:

"Child" means an individual, whether over or under the age

of 18, who is or is alleged to be owed a duty of support by the

individual's parent or who is or is alleged to be the

beneficiary of a support order directed to the parent.

"Child-support order" means a support order for a child,

including a child who has attained the age of 18.

"Duty of support" means an obligation imposed or imposable

by law to provide support for a child, spouse, or former spouse

including an unsatisfied obligation to provide support.

"Home state" means the state in which a child lived with a

parent or a person acting as parent for at least 6 consecutive

months immediately preceding the time of filing of a petition

or comparable pleading for support, and if a child is less than

6 months old, the state in which the child lived from birth

with any of them. A period of temporary absence of any of them

is counted as part of the 6-month or other period.

"Income" includes earnings or other periodic entitlements

to money from any source and any other property subject to

withholding for support under the law of this State.

"Income-withholding order" means an order or other legal

process directed to an obligor's employer or other debtor, as

defined by the Illinois Marriage and Dissolution of Marriage

Act, the Non-Support of Spouse and Children Act, the

Non-Support Punishment Act, the Illinois Public Aid Code, and

the Illinois Parentage Act of 1984, to withhold support from

the income of the obligor.

"Initiating state" means a state from which a proceeding is

forwarded or in which a proceeding is filed for forwarding to a

responding state under this Act or a law or procedure

substantially similar to this Act.

"Initiating tribunal" means the authorized tribunal in an

initiating state.

"Issuing state" means the state in which a tribunal issues

a support order or renders a judgment determining parentage.

"Issuing tribunal" means the tribunal that issues a support

order or renders a judgment determining parentage.

"Obligee" means:

(A) an individual to whom a duty of support is or is

alleged to be owed or in whose favor a support order has

been issued or a judgment determining parentage has been

rendered;

(B) a state or political subdivision to which the

rights under a duty of support or support order have been

assigned or which has independent claims based on financial

assistance provided to an individual obligee; or

(C) an individual seeking a judgment determining

parentage of the individual's child.

"Obligor" means an individual, or the estate of a decedent:

(i) who owes or is alleged to owe a duty of

support;

(ii) who is alleged but has not been adjudicated to

be a parent of a child; or

(iii) who is liable under a support order.

"Person means an individual, corporation, business trust,

estate, trust, partnership, limited liability company,

association, joint venture, government, governmental

subdivision, agency, instrumentality, public corporation, or

any other legal or commercial entity.

"Record" means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and

is retrievable in perceivable form.

"Register" means to record a support order or judgment

determining parentage in the appropriate Registry of Foreign

Support Orders.

"Registering tribunal" means a tribunal in which a support

order is registered.

"Responding state" means a state in which a proceeding is

filed or to which a proceeding is forwarded for filing from an

initiating state under this Act or a law or procedure

substantially similar to this Act.

"Responding tribunal" means the authorized tribunal in a

responding state.

"Spousal-support order" means a support order for a spouse

or former spouse of the obligor.

"State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of

the United States. The term includes:

(A) an Indian tribe; and

(B) a foreign country or political subdivision that:

(i) has been declared to be a foreign reciprocating

country or political subdivision under federal law;

(ii) has established a reciprocal arrangement for

child support with this State as provided in Section

308; or

(iii) has enacted a law or established procedures

for issuance and enforcement of support orders which

are substantially similar to the procedures under this

Act.

"Support enforcement agency" means a public official or

agency authorized to seek:

(A) enforcement of support orders or laws relating to

the duty of support;

(B) establishment or modification of child support;

(C) determination of parentage;

(D) to locate obligors or their assets; or

(E) determination of the controlling child support

order.

"Support order" means a judgment, decree, order, or

directive, whether temporary, final, or subject to

modification, issued by a tribunal for the benefit of a child,

a spouse, or a former spouse, which provides for monetary

support, health care, arrearages, or reimbursement, and may

include related costs and fees, interest, income withholding,

attorney's fees, and other relief.

"Tribunal" means a court, administrative agency, or

quasi-judicial entity authorized to establish, enforce, or

modify support orders or to determine parentage.

(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04; revised

11-26-14.)

Section 565. The Adoption Act is amended by changing

Section 18.2 as follows:

(750 ILCS 50/18.2) (from Ch. 40, par. 1522.2)

Sec. 18.2. Forms.

(a) The Department shall develop the Illinois Adoption

Registry forms as provided in this Section. The General

Assembly shall reexamine the content of the form as requested

by the Department, in consultation with the Registry Advisory

Council. The form of the Birth Parent Registration

Identification Form shall be substantially as follows:

BIRTH PARENT REGISTRATION IDENTIFICATION

(Insert all known information)

I, ....., state that I am the ...... (mother or father) of the

following child:

Child's original name: ..... (first) ..... (middle) .....

(last), ..... (hour of birth), ..... (date of birth),

..... (city and state of birth), ..... (name of

hospital).

Father's full name: ...... (first) ...... (middle) .....

(last), ..... (date of birth), ..... (city and state of

birth).

Name of mother inserted on birth certificate: ..... (first)

..... (middle) ..... (last), ..... (race), ..... (date

of birth), ...... (city and state of birth).

That I surrendered my child to: ............. (name of agency),

..... (city and state of agency), ..... (approximate date

child surrendered).

That I placed my child by private adoption: ..... (date),

...... (city and state).

Name of adoptive parents, if known: ......

Other identifying information: .....

........................

(Signature of parent)

............ ........................

(date) (printed name of parent)

(b) The form of the Adopted Person Registration

Identification shall be substantially as follows:

ADOPTED PERSON

REGISTRATION IDENTIFICATION

(Insert all known information)

I, ....., state the following:

Adopted Person's present name: ..... (first) .....

(middle) ..... (last).

Adopted Person's name at birth (if known): ..... (first)

..... (middle) ..... (last), ..... (birth date), .....

(city and state of birth), ...... (sex), ..... (race).

Name of adoptive father: ..... (first) ..... (middle) .....

(last), ..... (race).

Maiden name of adoptive mother: ..... (first) .....

(middle) ..... (last), ..... (race).

Name of birth mother (if known): ..... (first) .....

(middle) ..... (last), ..... (race).

Name of birth father (if known): ..... (first) .....

(middle) ..... (last), ..... (race).

Name(s) at birth of sibling(s) having a common birth parent

with adoptee (if known): ..... (first) ..... (middle)

..... (last), ..... (race), and name of common birth

parent: ..... (first) ..... (middle) ..... (last),

..... (race).

I was adopted through: ..... (name of agency).

I was adopted privately: ..... (state "yes" if known).

I was adopted in ..... (city and state), ..... (approximate

date).

Other identifying information: .............

......................

(signature of adoptee)

........... .........................

(date) (printed name of adoptee)

(c) The form of the Surrendered Person Registration

Identification shall be substantially as follows:

SURRENDERED PERSON REGISTRATION

IDENTIFICATION

(Insert all known information)

I, ....., state the following:

Surrendered Person's present name: ..... (first) .....

(middle) ..... (last).

Surrendered Person's name at birth (if known): .....

(first) ..... (middle) ..... (last), .....(birth

date), ..... (city and state of birth), ...... (sex),

..... (race).

Name of guardian father: ..... (first) ..... (middle) .....

(last), ..... (race).

Maiden name of guardian mother: ..... (first) .....

(middle) ..... (last), ..... (race).

Name of birth mother (if known): ..... (first) .....

(middle) ..... (last) ..... (race).

Name of birth father (if known): ..... (first) .....

(middle) ..... (last), .....(race).

Name(s) at birth of sibling(s) having a common birth parent

with surrendered person (if known): ..... (first)

..... (middle) ..... (last), ..... (race), and name of

common birth parent: ..... (first) ..... (middle)

..... (last), ..... (race).

I was surrendered for adoption to: ..... (name of agency).

I was surrendered for adoption in ..... (city and state), .....

(approximate date).

Other identifying information: ............

................................

(signature of surrendered person)

............ ......................

(date) (printed name of person

surrendered for adoption)

(c-3) The form of the Registration Identification Form for

Surviving Relatives of Deceased Birth Parents shall be

substantially as follows:

REGISTRATION IDENTIFICATION FORM

FOR SURVIVING RELATIVES OF DECEASED BIRTH PARENTS

(Insert all known information)

I, ....., state the following:

Name of deceased birth parent at time of surrender:

Deceased birth parent's date of birth:

Deceased birth parent's date of death:

Adopted or surrendered person's name at birth (if known):

.....(first) ..... (middle) ..... (last), .....(birth

date), ..... (city and state of birth), ...... (sex),

..... (race).

My relationship to the adopted or surrendered person (check

one): (birth parent's non-surrendered child) (birth parent's

sister) (birth parent's brother).

If you are a non-surrendered child of the birth parent, provide

name(s) at birth and age(s) of non-surrendered siblings having

a common parent with the birth parent. If more than one

sibling, please give information requested below on reverse

side of this form. If you are a sibling or parent of the birth

parent, provide name(s) at birth and age(s) of the sibling(s)

of the birth parent. If more than one sibling, please give

information requested below on reverse side of this form.

Name (First) ..... (middle) ..... (last), .....(birth

date), ..... (city and state of birth), ...... (sex),

..... (race).

Name(s) of common parent(s) (first) ..... (middle) .....

(last), .....(race), (first) ..... (middle) .....

(last), .....(race).

My birth sibling/child of my brother/child of my sister/ was

surrendered for adoption to ..... (name of agency) City and

state of agency ..... Date .....(approximate) Other

identifying information ..... (Please note that you must: (i)

be at least 21 years of age to register; (ii) submit with your

registration a certified copy of the birth parent's birth

certificate; (iii) submit a certified copy of the birth

parent's death certificate; and (iv) if you are a

non-surrendered birth sibling or a sibling of the deceased

birth parent, also submit a certified copy of your birth

certificate with this registration. No application from a

surviving relative of a deceased birth parent can be accepted

if the birth parent filed a Denial of Information Exchange

prior to his or her death.)

................................

(signature of birth parent's surviving relative)

............ ............

(date) (printed name of birth

parent's surviving relative)

(c-5) The form of the Registration Identification Form for

Surviving Relatives of Deceased Adopted or Surrendered Persons

shall be substantially as follows:

REGISTRATION IDENTIFICATION FORM FOR

SURVIVING RELATIVES OF DECEASED ADOPTED OR SURRENDERED PERSONS

(Insert all known information)

I, ....., state the following:

Adopted or surrendered person's name at birth (if known):

(first) ..... (middle) ..... (last), .....(birth

date), ..... (city and state of birth), ...... (sex),

..... (race).

Adopted or surrendered person's date of death:

My relationship to the deceased adopted or surrendered

person(check one): (adoptive mother) (adoptive father) (adult

child) (surviving spouse).

If you are an adult child or surviving spouse of the adopted or

surrendered person, provide name(s) at birth and age(s) of the

children of the adopted or surrendered person. If the adopted

or surrendered person had more than one child, please give

information requested below on reverse side of this form.

Name (first) ..... (middle) ..... (last), .....(birth

date), ..... (city and state of birth), ...... (sex),

..... (race).

Name(s) of common parent(s) (first) ..... (middle) .....

(last), .....(race), (first) ..... (middle) .....

(last), .....(race).

My child/parent/deceased spouse was surrendered for

adoption to .....(name of agency) City and state of agency

..... Date ..... (approximate) Other identifying

information ..... (Please note that you must: (i) be at

least 21 years of age to register; (ii) submit with your

registration a certified copy of the adopted or surrendered

person's death certificate; (iii) if you are the child of a

deceased adopted or surrendered person, also submit a

certified copy of your birth certificate with this

registration; and (iv) if you are the surviving wife or

husband of a deceased adopted or surrendered person, also

submit a copy of your marriage certificate with this

registration. No application from a surviving relative of a

deceased adopted or surrendered person can be accepted if

the adopted or surrendered person filed a Denial of

Information Exchange prior to his or her death.)

................................

(signature of adopted or surrendered person's surviving

relative)

............ ............

(date) (printed name of adopted

person's surviving relative)

(d) The form of the Information Exchange Authorization

shall be substantially as follows:

INFORMATION EXCHANGE AUTHORIZATION

I, ....., state that I am the person who completed the

Registration Identification; that I am of the age of .....

years; that I hereby authorize the Department of Public Health

to give to the following person(s) (birth mother ) (birth

father) (birth sibling) (adopted or surrendered person )

(adoptive mother) (adoptive father) (legal guardian of an

adopted or surrendered person) (birth aunt) (birth uncle)

(adult child of a deceased adopted or surrendered person)

(surviving spouse of a deceased adopted or surrendered person)

(all eligible relatives) the following (please check the

information authorized for exchange):

[ ] 1. Only my name and last known address.

[ ] 2. A copy of my Illinois Adoption Registry

Application.

[ ] 3. A non-certified copy of the adopted or

surrendered person's original certificate of live birth

(check only if you are an adopted or surrendered person or

the surviving adult child or surviving spouse of a deceased

adopted or surrendered person).

[ ] 4. A copy of my completed medical questionnaire.

I am fully aware that I can only be supplied with

information about an individual or individuals who have duly

executed an Information Exchange Authorization that has not

been revoked or, if I am an adopted or surrendered person, from

a birth parent who completed a Birth Parent Preference Form and

did not prohibit the release of his or her identity to me; that

I can be contacted by writing to: ..... (own name or name of

person to contact) (address) (phone number).

NOTE: New IARMIE registrants who do not complete a Medical

Information Exchange Questionnaire and release a copy of their

questionnaire to at least one Registry applicant must pay a $15

registration fee.

Dated (insert date).

..............

(signature)

(e) The form of the Denial of Information Exchange shall be

substantially as follows:

DENIAL OF INFORMATION EXCHANGE

I, ....., state that I am the person who completed the

Registration Identification; that I am of the age of .....

years; that I hereby instruct the Department of Public Health

not to give any identifying information about me to the

following person(s) (birth mother) (birth father) (birth

sibling)(adopted or surrendered person)(adoptive mother)

(adoptive father)(legal guardian of an adopted or surrendered

person)(birth aunt)(birth uncle)(adult child of a deceased

adopted or surrendered person) (surviving spouse of a deceased

adopted or surrendered person) (all eligible relatives).

I do/do not (circle appropriate response) authorize the

Registry to release a copy of my completed Medical Information

Exchange Questionnaire to qualified Registry applicants. NOTE:

New IARMIE registrants who do not complete a Medical

Information Exchange Questionnaire and release a copy of their

questionnaire to at least one Registry applicant must pay a $15

registration fee. Birth parents filing a Denial of Information

Exchange are advised that, under Illinois law, an adult adopted

person may initiate a search for a birth parent who has filed a

Denial of Information Exchange or Birth Parent Preference Form

on which Option E was selected through the State confidential

intermediary program once 5 years have elapsed since the filing

of the Denial of Information Exchange or Birth Parent

Preference Form.

Dated (insert date).

...............

(signature)

(f) The form of the Birth Parent Preference Form shall be

substantially as follows:

In recognition of the basic right of all persons to access

their birth records, Illinois law now provides for the release

of original birth certificates to adopted and surrendered

persons 21 years of age or older upon request. While many birth

parents are comfortable sharing their identities or initiating

contact with their birth sons and daughters once they have

reached adulthood, Illinois law also recognizes that there may

be unique situations where a birth parent might have a

compelling reason for not wishing to establish contact with a

birth son or birth daughter or for not wishing to release

identifying information that appears on the original birth

certificate of a birth son or birth daughter who has reached

adulthood. The Illinois Adoption Registry and Medical

Information Exchange (IARMIE) has therefore established the

attached form to allow birth parents to express their

preferences regarding contact; and, if their birth child was

born on or after January 1, 1946, to express their wishes

regarding the sharing of identifying information listed on the

original birth certificate with an adult adopted or surrendered

person who has reached the age of 21 or his or her surviving

relatives.

In selecting one of the 5 options below, birth parents

should keep in mind that the decision to deny an adult adopted

or surrendered person access to identifying information on his

or her original birth record and/or information about

genetically-transmitted diseases is an important decision that

may impact the adopted or surrendered person's life in many

ways. A request for anonymity on this form only pertains to

information that is provided to an adult adopted or surrendered

person or his or her surviving relatives through the Registry.

This will not prevent the disclosure of identifying information

that may be available to the adoptee through his or her

adoptive parents and/or other means available to him or her.

Birth parents who would prefer not to be contacted by their

surrendered son or daughter are strongly urged to complete both

the Non-Identifying Information Section included on the final

page of the attached form and the Medical Questionnaire in

order to provide their surrendered son or daughter with the

background information he or she may need to better understand

his or her origins. Birth parents whose birth son or birth

daughter is under 21 years of age at the time of the completion

of this form are reminded that no original birth certificate

will be released by the IARMIE before an adoptee has reached

the age of 21. Should you need additional assistance in

completing this form, please contact the agency that handled

the adoption, if applicable, or the Illinois Adoption Registry

and Medical Information Exchange at 877-323-5299.

After careful consideration, I have made the following

decision regarding contact with my birth son/birth daughter,

(insert birth son's/birth daughter's name at birth, if

applicable) ......, who was born in (insert city/town of birth)

...... on (insert date of birth)...... and the release of my

identifying information as it appears on his/her original birth

certificate when he/she reaches the age of 21, and I have

chosen Option ...... (insert A, B, C, D, or E, as applicable).

I realize that this form must be accompanied by a completed

IARMIE application form as well as a Medical Information

Exchange Questionnaire or the $15 registration fee. I am also

aware that I may revoke this decision at any time by completing

a new Birth Parent Preference Form and filing it with the

IARMIE. I understand that it is my responsibility to update the

IARMIE with any changes to contact information provided below.

I also understand that, while preferences regarding the release

of identifying information through the Registry are binding

unless the law should change in the future, any selection I

have made regarding my preferred method of contact is not.

...

(Signature/Date)

(Please insert your signature and today's date above, as well

as under your chosen option, A, B, C, D, or E below.)

Option A. My birth son or birth daughter was born on or after

January 1, 1946, and I agree to the release of my identifying

information as it appears on my birth son's/birth daughter's

original birth certificate, OR my birth son or birth daughter

was born prior to January 1, 1946. I would welcome direct

contact with my birth son/birth daughter when he or she has

reached the age of 21. In addition, before my birth son or

birth daughter has reached the age of 21 or in the event of his

or her death, I would welcome contact with the following

relatives of my birth child (circle all that apply): adoptive

mother, adoptive father, surviving spouse, surviving adult

child. I wish to be contacted at the following mailing address,

email address or phone number:

..............................

.............................................................

.............................................................

.............................................................

(Signature/Date)

Option B. My birth son or birth daughter was born on or after

January 1, 1946, and I agree to the release of my identifying

information as it appears on my birth son's/birth daughter's

original birth certificate, OR my birth son or birth daughter

was born prior to January 1, 1946. I would welcome contact with

my birth son/birth daughter when he or she has reached the age

of 21. In addition, before my birth son or birth daughter has

reached the age of 21 or in the event of his or her death, I

would welcome contact with the following relatives of my birth

child (circle all that apply): adoptive mother, adoptive

father, surviving spouse, surviving adult child. I would prefer

to be contacted through the following person. (Insert name and

mailing address, email address or phone number of chosen

contact person.)

............................................

.............................................................

(Signature/Date)

Option C. My birth son or birth daughter was born on or after

January 1, 1946, and I agree to the release of my identifying

information as it appears on my birth son's/birth daughter's

original birth certificate, OR my birth son or birth daughter

was born prior to January 1, 1946. I would welcome contact with

my birth son/birth daughter when he or she has reached the age

of 21. In addition, before my birth son or birth daughter has

reached the age of 21 or in the event of his or her death, I

would welcome contact with the following relatives of my birth

child (circle all that apply): adoptive mother, adoptive

father, surviving spouse, surviving adult child. I would prefer

to be contacted through the Illinois Confidential Intermediary

Program (please call 800-526-9022 for additional information)

or through the agency that handled the adoption. (Insert agency

name, address and phone number, if applicable.)

.............

.............................................................

(Signature/Date)

Option D. My birth son or birth daughter was born on or after

January 1, 1946, and I agree to the release of my identifying

information as it appears on my birth son's/birth daughter's

original birth certificate when he or she has reached the age

of 21, OR my birth son or birth daughter was born prior to

January 1, 1946. I would prefer not to be contacted by my birth

son/birth daughter or his or her adoptive parents or surviving

relatives.

...................................................

(Signature/Date)

Option E. My birth son or birth daughter was born on or after

January 1, 1946, and I wish to prohibit the release of my

(circle ALL applicable options) first name, last name, last

known address, birth son/birth daughter's last name (if last

name listed is same as mine), as they appear on my birth

son's/birth daughter's original birth certificate and do not

wish to be contacted by my birth son/birth daughter when he or

she has reached the age of 21. If there were any special

circumstances that played a role in your decision to remain

anonymous which you would like to share with your birth

son/birth daughter, please list them in the space provided

below (optional).

...........................................

.............................................................

I understand that, although I have chosen to prohibit the

release of my identity on the non-certified copy of the

original birth certificate released to my birth son/birth

daughter, he or she may request that a court-appointed

confidential intermediary contact me to request updated

medical information and/or confirm my desire to remain

anonymous once 5 years have elapsed since the signing of this

form; at the time of this subsequent search, I wish to be

contacted through the person named below. (Insert in blank area

below the name and phone number of the contact person, or leave

it blank if you wish to be contacted directly.) I also

understand that this request for anonymity shall expire upon my

death.

......................................................

.............................................................

(Signature/Date)

NOTE: A copy of this form will be forwarded to your birth son

or birth daughter should he or she file a request for his or

her original birth certificate with the IARMIE. However, if you

have selected Option E, identifying information, per your

specifications above, will be deleted from the copy of this

form forwarded to your birth son or daughter during your

lifetime. In the event that an adopted or surrendered person is

deceased, his or her surviving adult children may request a

copy of the adopted or surrendered person's original birth

certificate providing they have registered with the IARMIE; the

copy of this form and the non-certified copy of the original

birth certificate forwarded to the surviving child of the

adopted or surrendered person shall be redacted per your

specifications on this form during your lifetime.

Non-Identifying Information Section

I wish to voluntarily provide the following non-identifying

information to my birth son or birth daughter:

My age at the time of my child's birth was .........

My race is best described as: ..........................

My height is: .........

My body type is best described as (circle one): slim, average,

muscular, a few extra pounds, or more than a few extra pounds.

My natural hair color is/was: ..................

My eye color is: ..................

My religion is best described as: ..................

My ethnic background is best described as: ..................

My educational level is closest to (circle applicable

response): completed elementary school, graduated from

high school, attended college, earned bachelor's degree,

earned master's degree, earned doctoral degree.

My occupation is best described as ..................

My hobbies include ..................

My interests include ..................

My talents include ..................

In addition to my surrendered son or daughter, I also

am the biological parent of (insert number) ....... boys and

(insert number) ....... girls, of whom (insert number) .......

are still living.

The relationship between me and my child's birth mother/birth

father would best be described as (circle appropriate

response): husband and wife, ex-spouses, boyfriend and

girlfriend, casual acquaintances, other (please specify)

..............

(g) The form of the Request for a Non-Certified Copy of an

Original Birth Certificate shall be substantially as follows:

REQUEST FOR A NON-CERTIFIED COPY OF AN ORIGINAL BIRTH

CERTIFICATE

I, (requesting party's full name) ....., hereby request a

non-certified copy of (check appropriate option) ..... my

original birth certificate ..... the original birth

certificate of my deceased adopted or surrendered parent .....

the original birth certificate of my deceased adopted or

surrendered spouse (insert deceased parent's/deceased spouse's

name at adoption) ...... I/my deceased parent/my deceased

spouse was born in (insert city and county of adopted or

surrendered person's birth) ..... on ..... (insert adopted or

surrendered person's date of birth). In the event that one or

both of my/my deceased parent's/my deceased spouse's birth

parents has requested that their identity not be released to

me/to my deceased parent/to my deceased spouse, I wish to

(check appropriate option) ..... a. receive a non-certified

copy of the original birth certificate from which identifying

information pertaining to the birth parent who requested

anonymity has been deleted; or ..... b. I do not wish to

receive received an altered copy of the original birth

certificate.

Dated (insert date).

...................

(signature)

(h) Any Information Exchange Authorization, Denial of

Information Exchange, or Birth Parent Preference Form filed

with the Registry, or Request for a Non-Certified Copy of an

Original Birth Certificate filed with the Registry by a

surviving adult child or surviving spouse of a deceased adopted

or surrendered person, shall be acknowledged by the person who

filed it before a notary public, in form substantially as

follows:

State of ..............

County of .............

I, a Notary Public, in and for the said County, in the

State aforesaid, do hereby certify that ...............

personally known to me to be the same person whose name is

subscribed to the foregoing certificate of acknowledgement,

appeared before me in person and acknowledged that (he or she)

signed such certificate as (his or her) free and voluntary act

and that the statements in such certificate are true.

Given under my hand and notarial seal on (insert date).

.........................

(signature)

(i) When the execution of an Information Exchange

Authorization, Denial of Information Exchange, or Birth Parent

Preference Form or Request for a Non-Certified Copy of an

Original Birth Certificate completed by a surviving adult child

or surviving spouse of a deceased adopted or surrendered person

is acknowledged before a representative of an agency, such

representative shall have his signature on said Certificate

acknowledged before a notary public, in form substantially as

follows:

State of..........

County of.........

I, a Notary Public, in and for the said County, in the

State aforesaid, do hereby certify that ..... personally known

to me to be the same person whose name is subscribed to the

foregoing certificate of acknowledgement, appeared before me

in person and acknowledged that (he or she) signed such

certificate as (his or her) free and voluntary act and that the

statements in such certificate are true.

Given under my hand and notarial seal on (insert date).

.......................

(signature)

(j) When an Illinois Adoption Registry Application,

Information Exchange Authorization, Denial of Information

Exchange, Birth Parent Preference Form, or Request for a

Non-Certified Copy of an Original Birth Certificate completed

by a surviving adult child or surviving spouse of a deceased

adopted or surrendered person is executed in a foreign country,

the execution of such document shall be acknowledged or

affirmed before an officer of the United States consular

services.

(k) If the person signing an Information Exchange

Authorization, Denial of Information, Birth Parent Preference

Form, or Request for a Non-Certified Copy of an Original Birth

Certificate completed by a surviving adult child or surviving

spouse of a deceased adopted or surrendered person is in the

military service of the United States, the execution of such

document may be acknowledged before a commissioned officer and

the signature of such officer on such certificate shall be

verified or acknowledged before a notary public or by such

other procedure as is then in effect for such division or

branch of the armed forces.

(l) An adopted or surrendered person, surviving adult

child, adult grandchild, surviving spouse, or birth parent of

an adult adopted person who completes a Request For a

Non-Certified Copy of the Original Birth Certificate shall meet

the same filing requirements and pay the same filing fees as a

non-adopted person seeking to obtain a copy of his or her

original birth certificate.

(m) Beginning on January 1, 2015, any birth parent of an

adult adopted person named on the original birth certificate

may request a non-certified copy of the original birth

certificate reflecting the birth of the adult adopted person,

provided that:

(1) any non-certified copy of the original birth

certificate released under this subsection (m) shall not

reflect the State file number on the original birth

certificate; and

(2) if the Department of Public Health does not locate

the original birth certificate, it shall issue a

certification of no record found.

(Source: P.A. 97-110, eff. 7-14-11; 98-704, eff. 1-1-15;

revised 12-10-14.)

Section 570. The Trusts and Dissolutions of Marriage Act is

amended by changing Section 1 as follows:

(760 ILCS 35/1) (from Ch. 148, par. 301)

Sec. 1. (a) Unless the governing instrument or the judgment

of judicial termination of marriage expressly provides

otherwise, judicial termination of the marriage of the settlor

of a trust revokes every provision which is revocable by the

settlor pertaining to the settlor's former spouse in a trust

instrument or amendment thereto executed by the settlor before

the entry of the judgment of judicial termination of the

settlor's marriage, and any such trust shall be administered

and construed as if the settlor's former spouse had died upon

entry of the judgment of judicial termination of the settlor's

marriage.

(b) A trustee who has no actual knowledge of a judgment of

judicial termination of the settlor's marriage, shall have no

liability for any action taken or omitted in good faith on the

assumption that the settlor is married. The preceding sentence

is intended to affect only the liability of the trustee and

shall not affect the disposition of beneficial interests in any

trust.

(c) "Trust" means a trust created by a nontestamentary

instrument executed after the effective date of this Act,

except that, unless in the governing instrument the provisions

of this Act are made applicable by specific reference, the

provisions of this Act do not apply to any (a) land trust; (b)

voting trust; (c) security instrument such as a trust deed or

mortgage; (d) liquidation trust; (e) escrow; (f) instrument

under which a nominee, custodian for property or paying or

receiving agent is appointed; or (g) a trust created by a

deposit arrangement in a bank or savings institution, commonly

known as "Totten Trust".

(d) The phrase "provisions pertaining to the settlor's

former spouse" includes, but is not limited to, every present

or future gift or interest or power of appointment given to the

settlor's former spouse or right of the settlor's former spouse

to serve in a fiduciary capacity.

(e) A provision is revocable by the settlor if the settlor

has the power at the time of the entry of the judgment of

judicial termination of the settlor's marriage to revoke,

modify or amend said provision, either alone or in conjunction

with any other person or persons.

(f) "Judicial termination of marriage" includes, but is not

limited to, divorce, dissolution, annulment or declaration of

invalidity of marriage.

(Source: P.A. 90-655, eff. 7-30-98; revised 12-10-14.)

Section 575. The Residential Real Property Disclosure Act

is amended by changing Section 5 as follows:

(765 ILCS 77/5)

Sec. 5. Definitions. As used in this Act, unless the

context otherwise requires, the following terms have the

meaning given in this Section.

"Residential real property" means real property improved

with not less than one nor more than 4 residential dwelling

units; units in residential cooperatives; or, condominium

units, including the limited common elements allocated to the

exclusive use thereof that form an integral part of the

condominium unit. The term includes a manufactured home as

defined in subdivision (53) of Section 9-102 of the Uniform

Commercial Code that is real property as defined in the

Conveyance and Encumbrance of Manufactured Homes as Real

Property and Severance Act.

"Seller" means every person or entity who is an owner,

beneficiary of a trust, contract purchaser or lessee of a

ground lease, who has an interest (legal or equitable) in

residential real property. However, "seller" shall not include

any person who has both (i) never occupied the residential real

property and (ii) never had the management responsibility for

the residential real property nor delegated such

responsibility for the residential real property to another

person or entity.

"Prospective buyer" means any person or entity negotiating

or offering to become an owner or lessee of residential real

property by means of a transfer for value to which this Act

applies.

(Source: P.A. 98-749, eff. 7-16-14; revised 12-10-14.)

Section 580. The Conveyance and Encumbrance of

Manufactured Homes as Real Property and Severance Act is

amended by changing Section 5-10 as follows:

(765 ILCS 170/5-10)

Sec. 5-10. Act not mandatory; record notice. The owner of a

manufactured home that is personal property or a fixture may,

but need not, cause that manufactured home to be deemed to be

real property by satisfying the requirements of Section 5-30 of

this Act and the requirements of Section 3-116.1 or 3-116.2 of

the Illinois Vehicle Code, as applicable.

To convey or voluntarily encumber a manufactured home as

real property, the following conditions must be met:

(1) the manufactured home must be affixed to a

permanent foundation on real property;

(2) the ownership interests in the manufactured home

and the real property to which the manufactured home is

affixed must be identical, or, if the manufactured home is

not located in a mobile home park as defined in Section 2.5

of the Mobile Home Park Act, and if the owner of the

manufactured home, if not the owner of the real property,

is in possession of the real property pursuant to the terms

of a lease in recordable form that has a term that

continues for at least 20 years after the date of

execution, then the consent of the lessor of the real

property must be given;

(3) the person (all, if more than one) having an

ownership interest in such manufactured home shall execute

and record with the recording officer of the county in

which the real property is located an affidavit of

affixation as provided in Section 5-15 of this Act and

satisfy the other applicable requirements of this Act; and

(4) upon receipt of a certified copy of the recorded

affidavit of affixation pursuant to Section 5-25 of this

Act, any person designated therein for filing with the

Secretary of State shall file the certified copy of

affidavit of affixation with the Secretary of State; except

that:

(A) in a case described in subsection (a)(4)(A) of

Section 5-15 of this Act, a certified copy of the

affidavit of affixation and the original

Manufacturer's Statement of Origin, each as recorded

in the county in which the real property is located,

must be filed with the Secretary of State pursuant to

Section 3-116.1 of the Illinois Vehicle Code; and

(B) in a case described in subsection (a)(4)(B) of

Section 5-15 of this Act, a certified copy of the

recorded affidavit of affixation as recorded in the

county in which the real property is located, and the

original certificate of title, including, if

applicable, a certificate of title issued in

accordance with subsection (b) of Section 3-109 of the

Illinois Vehicle Code, must be filed with the Secretary

of State pursuant to Section 3-116.2 of the Illinois

Vehicle Code.

(Source: P.A. 98-749, eff. 7-16-14; revised 12-10-14.)

Section 585. The Plat Act is amended by changing Section 1

as follows:

(765 ILCS 205/1) (from Ch. 109, par. 1)

Sec. 1. (a) Except as otherwise provided in subparagraph

(b) of this Section whenever the owner of land subdivides it

into 2 or more parts, any of which is less than 5 acres, he must

have it surveyed and a subdivision plat thereof made by an

Illinois Registered Land Surveyor, which plat must

particularly describe and set forth all public streets, alleys,

ways for public service facilities, ways for utility services

and community antenna television systems, parks, playgrounds,

school grounds or other public grounds, and all the tracts,

parcels, lots or blocks, and numbering all such lots, blocks or

parcels by progressive numbers, giving their precise

dimensions. There shall be submitted simultaneously with the

subdivision plat, a study or studies which shall show

topographically and by profile the elevation of the land prior

to the commencement of any change in elevations as a part of

any phase of subdividing, and additionally, if it is

contemplated that such elevations, or the flow of surface water

from such land, will be changed as a result of any portion of

such subdivision development, then such study or studies shall

also show such proposed changes in the elevations and the flow

of surface water from such land. The topographical and profile

studies required hereunder may be prepared as a subsidiary

study or studies separate from, but of the same scale and size

as the subdivision plat, and shall be prepared in such a manner

as will permit the topographical study or studies to be used as

overlays to the subdivision plat. The plat must show all

angular and linear data along the exterior boundaries of the

tract of land divided or subdivided, the names of all public

streets and the width, course and extent of all public streets,

alleys and ways for public service facilities. References must

also be made upon the plat to known and permanent monuments

from which future survey may be made and the surveyor must, at

the time of making his survey, set in such manner that they

will not be moved by frost, good and sufficient monuments

marking the external boundaries of the tract to be divided or

subdivided and must designate upon the plat the points where

they may be found. These monuments must be placed at all

corners, at each end of all curves, at the point where a curve

changes its radius, at all angle points in any line and at all

angle points along a meander line, the points to be not less

than 20 feet back from the normal water elevation of a lake or

from the bank of a stream, except that when such corners or

points fall within a street, or proposed future street, the

monuments must be placed in the right of way line of the

street. All internal boundaries, corners and points must be

monumented in the field by like monuments as defined above.

These monuments 2 of which must be of stone or reinforced

concrete and must be set at the opposite extremities of the

property platted, placed at all block corners, at each end of

all curves, at the points where a curve changes its radius, and

at all angle points in any line. All lots must be monumented in

the field with 2 or more monuments.

The monuments must be furnished by the person for whom the

survey is made and must be such that they will not be moved by

frost. If any city, village or town has adopted an official

plan, or part thereof, in the manner prescribed by law, the

plat of land situated within the area affected thereby must

conform to the official plan, or part thereof.

(b) Except as provided in subsection (c) of this Section,

the provisions of this Act do not apply and no subdivision plat

is required in any of the following instances:

1. the The division or subdivision of land into parcels

or tracts of 5 acres or more in size which does not involve

any new streets or easements of access;

2. the The division of lots or blocks of less than 1

acre in any recorded subdivision which does not involve any

new streets or easements of access;

3. the The sale or exchange of parcels of land between

owners of adjoining and contiguous land;

4. the The conveyance of parcels of land or interests

therein for use as a right of way for railroads or other

public utility facilities and other pipe lines which does

not involve any new streets or easements of access;

5. the The conveyance of land owned by a railroad or

other public utility which does not involve any new streets

or easements of access;

6. the The conveyance of land for highway or other

public purposes or grants or conveyances relating to the

dedication of land for public use or instruments relating

to the vacation of land impressed with a public use;

7. conveyances Conveyances made to correct

descriptions in prior conveyances; .

8. the The sale or exchange of parcels or tracts of

land following the division into no more than 2 parts of a

particular parcel or tract of land existing on July 17,

1959 and not involving any new streets or easements of

access; .

9. the The sale of a single lot of less than 5 acres

from a larger tract when a survey is made by an Illinois

Registered Land Surveyor; provided, that this exemption

shall not apply to the sale of any subsequent lots from the

same larger tract of land, as determined by the dimensions

and configuration of the larger tract on October 1, 1973,

and provided also that this exemption does not invalidate

any local requirements applicable to the subdivision of

land; .

10. the The preparation of a plat for wind energy

devices under Section 10-620 of the Property Tax Code.

Nothing contained within the provisions of this Act shall

prevent or preclude individual counties from establishing

standards, ordinances, or specifications which reduce the

acreage minimum to less than 5 acres, but not less than 2

acres, or supplementing the requirements contained herein when

a survey is made by an Illinois Registered Land Surveyor and a

plat thereof is recorded, under powers granted to them.

(c) However, if a plat is made by an Illinois Registered

Surveyor of any parcel or tract of land otherwise exempt from

the plat provisions of this Act pursuant to subsection (b) of

this Section, such plat shall be recorded. It shall not be the

responsibility of a recorder of deeds to determine whether the

plat has been made or recorded under this subsection (c) prior

to accepting a deed for recording.

(Source: P.A. 95-644, eff. 10-12-07; revised 12-10-14.)

Section 590. The Condominium Property Act is amended by

setting forth and renumbering multiple versions of Section 18.8

as follows:

(765 ILCS 605/18.8)

Sec. 18.8. Use of technology.

(a) Any notice required to be sent or received or

signature, vote, consent, or approval required to be obtained

under any condominium instrument or any provision of this Act

may be accomplished using the technology generally available at

that time. This Section shall govern the use of technology in

implementing the provisions of any condominium instrument or

any provision of this Act concerning notices, signatures,

votes, consents, or approvals.

(b) The association, unit owners, and other persons

entitled to occupy a unit may perform any obligation or

exercise any right under any condominium instrument or any

provision of this Act by use of any technological means that

provides sufficient security, reliability, identification, and

verifiability.

(c) A verifiable electronic signature satisfies any

requirement for a signature under any condominium instrument or

any provision of this Act.

(d) Voting on, consent to, and approval of any matter under

any condominium instrument or any provision of this Act may be

accomplished by electronic transmission or other equivalent

technological means, provided that a record is created as

evidence thereof and maintained as long as the record would be

required to be maintained in nonelectronic form.

(e) Subject to other provisions of law, no action required

or permitted by any condominium instrument or any provision of

this Act need be acknowledged before a notary public if the

identity and signature of the person can otherwise be

authenticated to the satisfaction of the board of directors or

board of managers.

(f) If any person does not provide written authorization to

conduct business using electronic transmission or other

equivalent technological means, the association shall, at its

expense, conduct business with the person without the use of

electronic transmission or other equivalent technological

means.

(g) This Section does not apply to any notices required

under Article IX of the Code of Civil Procedure related to: (i)

an action by the association to collect a common expense; or

(ii) foreclosure proceedings in enforcement of any lien rights

under this Act.

(Source: P.A. 98-1042, eff. 1-1-15.)

(765 ILCS 605/18.9)

Sec. 18.9 18.8. Common elements; rights of board.

(a) Any provision in a condominium instrument is void as

against public policy and ineffective if it limits or restricts

the rights of the board of managers by:

(1) requiring the prior consent of the unit owners in

order for the board of managers to take any action,

including the institution of any action in court or a

demand for a trial by jury; or

(2) notwithstanding Section 32 of this Act, requiring

the board of managers to arbitrate or mediate a dispute

with any one or more of all of the declarants under the

condominium instruments or the developer or any person not

then a unit owner prior to the institution of any action by

the board of managers or a demand for a trial by jury.

(b) A provision in a declaration which would otherwise be

void and ineffective under this Section may be enforced if it

is approved by a vote of not less than 75% of the unit owners at

any time after the election of the first unit owner board of

managers.

(Source: P.A. 98-1068, eff. 1-1-15; revised 10-20-14.)

Section 595. The Mobile Home Landlord and Tenant Rights Act

is amended by changing Section 3 as follows:

(765 ILCS 745/3) (from Ch. 80, par. 203)

Sec. 3. Definitions. Unless otherwise expressly defined,

all terms in this Act shall be construed to have their

ordinarily accepted meanings or such meaning as the context

therein requires.

(a) "Person" means any legal entity, including but not

limited to, an individual, firm, partnership, association,

trust, joint stock company, corporation or successor of any of

the foregoing.

(b) "Manufactured home" means a factory-assembled,

completely integrated structure designed for permanent

habitation, with a permanent chassis, and so constructed as to

permit its transport, on wheels temporarily or permanently

attached to its frame, and is a movable or portable unit that

is (i) 8 body feet or more in width, (ii) 40 body feet or more

in length, and (iii) 320 or more square feet, constructed to be

towed on its own chassis (comprised of frame and wheels) from

the place of its construction to the location, or subsequent

locations, at which it is connected to utilities for year-round

occupancy for use as a permanent habitation, and designed and

situated so as to permit its occupancy as a dwelling place for

one or more persons, and specifically includes a "manufactured

home" as defined in subdivision (53) of Section 9-102 of the

Uniform Commercial Code. The term shall include units

containing parts that may be folded, collapsed, or telescoped

when being towed and that may be expected to provide additional

cubic capacity, and that are designed to be joined into one

integral unit capable of being separated again into the

components for repeated towing. The term excludes campers and

recreational vehicles. The words "mobile home" and

"manufactured home" are synonymous for the purposes of this

Act.

(c) "Mobile Home Park" or "Park" means a tract of land or 2

contiguous tracts of land that contain sites with the necessary

utilities for 5 or more mobile homes or manufactured homes. A

mobile home park may be operated either free of charge or for

revenue purposes.

(d) "Park Owner" means the owner of a mobile home park and

any person authorized to exercise any aspect of the management

of the premises, including any person who directly or

indirectly receives rents and has no obligation to deliver the

whole of such receipts to another person.

(e) "Tenant" means any person who occupies a mobile home

rental unit for dwelling purposes or a lot on which he parks a

mobile home for an agreed upon consideration.

(f) "Rent" means any money or other consideration given for

the right of use, possession and occupancy of property, be it a

lot, a mobile home, or both.

(g) "Master antenna television service" means any and all

services provided by or through the facilities of any closed

circuit coaxial cable communication system, or any microwave or

similar transmission services other than a community antenna

television system as defined in Section 11-42-11 of the

Illinois Municipal Code.

(h) "Authority having jurisdiction" means the Illinois

Department of Public Health or a unit of local government

specifically authorized by statute, rule, or ordinance to

enforce this Act or any other statute, rule, or ordinance

applicable to the mobile home park or manufactured home

community.

(i) "Managing agent" means any person or entity responsible

for the operation, management, or maintenance of a mobile home

park or manufactured home community.

(Source: P.A. 98-749, eff. 7-16-14; 98-1062, eff. 1-1-15;

revised 10-2-14.)

Section 600. The Mechanics Lien Act is amended by changing

Section 35 as follows:

(770 ILCS 60/35) (from Ch. 82, par. 35)

Sec. 35. Satisfaction or release; recording; neglect;

penalty.

(a) Whenever a claim for lien has been filed with the

recorder of deeds, either by the contractor or sub-contractor,

and is paid with cost of filing same, or where there is a

failure to institute suit to enforce the same after demand as

provided in the preceding Section within the time by this Act

limited the person filing the same or some one by him duly

authorized in writing so to do, shall acknowledge satisfaction

or release thereof, in writing, on written demand of the owner,

lienor, or any person interested in the real estate, or his or

her agent or attorney, and on neglect to do so for 10 days

after such written demand he or she shall be liable to the

owner for the sum of $2,500, which may be recovered in a civil

action together with the costs and the reasonable attorney's

fees of the owner, lienor, or other person interested in the

real estate, or his or her agent or attorney incurred in

bringing such action.

(b) Such a satisfaction or release of lien may be filed

with the recorder of deeds in whose office the claim for lien

had been filed and when so filed shall forever thereafter

discharge and release the claim for lien and shall bar all

actions brought or to be brought thereupon.

(c) The release of lien shall have the following imprinted

thereon in bold letters at least 1/4 inch in height: "FOR THE

PROTECTION OF THE OWNER, THIS RELEASE SHOULD BE FILED WITH THE

RECORDER IN WHOSE OFFICE THE CLAIM FOR LIEN WAS FILED." The

Recorder in whose office the claim for lien had been filed,

upon receipt of a release and the payment of the recording fee,

shall record the release.

(Source: P.A. 94-627, eff. 1-1-06; revised 12-11-14.)

Section 605. The Illinois Human Rights Act is amended by

changing Section 2-101 as follows:

(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)

Sec. 2-101. Definitions. The following definitions are

applicable strictly in the context of this Article.

(A) Employee.

(1) "Employee" includes:

(a) Any individual performing services for

remuneration within this State for an employer;

(b) An apprentice;

(c) An applicant for any apprenticeship.

For purposes of subsection (D) of Section 2-102 of this

Act, "employee" also includes an unpaid intern. An unpaid

intern is a person who performs work for an employer under

the following circumstances:

(i) the employer is not committed to hiring the

person performing the work at the conclusion of the

intern's tenure;

(ii) the employer and the person performing the

work agree that the person is not entitled to wages for

the work performed; and

(iii) the work performed:

(I) supplements training given in an

educational environment that may enhance the

employability of the intern;

(II) provides experience for the benefit of

the person performing the work;

(III) does not displace regular employees;

(IV) is performed under the close supervision

of existing staff; and

(V) provides no immediate advantage to the

employer providing the training and may

occasionally impede the operations of the

employer.

(2) "Employee" does not include:

(a) Domestic servants in private homes;

(b) Individuals employed by persons who are not

"employers" as defined by this Act;

(c) Elected public officials or the members of

their immediate personal staffs;

(d) Principal administrative officers of the State

or of any political subdivision, municipal corporation

or other governmental unit or agency;

(e) A person in a vocational rehabilitation

facility certified under federal law who has been

designated an evaluee, trainee, or work activity

client.

(B) Employer.

(1) "Employer" includes:

(a) Any person employing 15 or more employees

within Illinois during 20 or more calendar weeks within

the calendar year of or preceding the alleged

violation;

(b) Any person employing one or more employees when

a complainant alleges civil rights violation due to

unlawful discrimination based upon his or her physical

or mental disability unrelated to ability, pregnancy,

or sexual harassment;

(c) The State and any political subdivision,

municipal corporation or other governmental unit or

agency, without regard to the number of employees;

(d) Any party to a public contract without regard

to the number of employees;

(e) A joint apprenticeship or training committee

without regard to the number of employees.

(2) "Employer" does not include any religious

corporation, association, educational institution,

society, or non-profit nursing institution conducted by

and for those who rely upon treatment by prayer through

spiritual means in accordance with the tenets of a

recognized church or religious denomination with respect

to the employment of individuals of a particular religion

to perform work connected with the carrying on by such

corporation, association, educational institution, society

or non-profit nursing institution of its activities.

(C) Employment Agency. "Employment Agency" includes both

public and private employment agencies and any person, labor

organization, or labor union having a hiring hall or hiring

office regularly undertaking, with or without compensation, to

procure opportunities to work, or to procure, recruit, refer or

place employees.

(D) Labor Organization. "Labor Organization" includes any

organization, labor union, craft union, or any voluntary

unincorporated association designed to further the cause of the

rights of union labor which is constituted for the purpose, in

whole or in part, of collective bargaining or of dealing with

employers concerning grievances, terms or conditions of

employment, or apprenticeships or applications for

apprenticeships, or of other mutual aid or protection in

connection with employment, including apprenticeships or

applications for apprenticeships.

(E) Sexual Harassment. "Sexual harassment" means any

unwelcome sexual advances or requests for sexual favors or any

conduct of a sexual nature when (1) submission to such conduct

is made either explicitly or implicitly a term or condition of

an individual's employment, (2) submission to or rejection of

such conduct by an individual is used as the basis for

employment decisions affecting such individual, or (3) such

conduct has the purpose or effect of substantially interfering

with an individual's work performance or creating an

intimidating, hostile or offensive working environment.

(F) Religion. "Religion" with respect to employers

includes all aspects of religious observance and practice, as

well as belief, unless an employer demonstrates that he is

unable to reasonably accommodate an employee's or prospective

employee's religious observance or practice without undue

hardship on the conduct of the employer's business.

(G) Public Employer. "Public employer" means the State, an

agency or department thereof, unit of local government, school

district, instrumentality or political subdivision.

(H) Public Employee. "Public employee" means an employee of

the State, agency or department thereof, unit of local

government, school district, instrumentality or political

subdivision. "Public employee" does not include public

officers or employees of the General Assembly or agencies

thereof.

(I) Public Officer. "Public officer" means a person who is

elected to office pursuant to the Constitution or a statute or

ordinance, or who is appointed to an office which is

established, and the qualifications and duties of which are

prescribed, by the Constitution or a statute or ordinance, to

discharge a public duty for the State, agency or department

thereof, unit of local government, school district,

instrumentality or political subdivision.

(J) Eligible Bidder. "Eligible bidder" means a person who,

prior to a bid opening, has filed with the Department a

properly completed, sworn and currently valid employer report

form, pursuant to the Department's regulations. The provisions

of this Article relating to eligible bidders apply only to bids

on contracts with the State and its departments, agencies,

boards, and commissions, and the provisions do not apply to

bids on contracts with units of local government or school

districts.

(K) Citizenship Status. "Citizenship status" means the

status of being:

(1) a born U.S. citizen;

(2) a naturalized U.S. citizen;

(3) a U.S. national; or

(4) a person born outside the United States and not a

U.S. citizen who is not an unauthorized alien and who is

protected from discrimination under the provisions of

Section 1324b of Title 8 of the United States Code, as now

or hereafter amended.

(Source: P.A. 97-877, eff. 8-2-12; 98-1037, eff. 1-1-15;

98-1050, eff. 1-1-15; revised 10-3-14.)

Section 610. The General Not For Profit Corporation Act of

1986 is amended by changing Section 112.10 as follows:

(805 ILCS 105/112.10) (from Ch. 32, par. 112.10)

Sec. 112.10. Voluntary dissolution by written consent of

members entitled to vote. Except for the dissolution of a

not-for-profit corporation organized for the purpose of

ownership or administration of residential property on a

cooperative basis, when . When a corporation has members

entitled to vote on dissolution, the dissolution of a

corporation may be authorized pursuant to Section 107.10 of

this Act. Dissolution pursuant to this the Section does not

require any vote of the directors of the corporation.

(Source: P.A. 98-302, eff. 1-1-14; revised 12-11-14.)

Section 615. The Limited Liability Company Act is amended

by changing Section 35-40 as follows:

(805 ILCS 180/35-40)

Sec. 35-40. Reinstatement following administrative

dissolution.

(a) A limited liability company administratively dissolved

under Section 35-25 may be reinstated by the Secretary of State

following the date of issuance of the notice of dissolution

upon:

(1) The filing of an application for reinstatement.

(2) The filing with the Secretary of State by the

limited liability company of all reports then due and

theretofore becoming due.

(3) The payment to the Secretary of State by the

limited liability company of all fees and penalties then

due and theretofore becoming due.

(b) The application for reinstatement shall be executed and

filed in duplicate in accordance with Section 5-45 of this Act

and shall set forth all of the following:

(1) The name of the limited liability company at the

time of the issuance of the notice of dissolution.

(2) If the name is not available for use as determined

by the Secretary of State at the time of filing the

application for reinstatement, the name of the limited

liability company as changed, provided that any change of

name is properly effected under Section 1-10 and Section

5-25 5.25 of this Act.

(3) The date of issuance of the notice of dissolution.

(4) The address, including street and number or rural

route number of the registered office of the limited

liability company upon reinstatement thereof and the name

of its registered agent at that address upon the

reinstatement of the limited liability company, provided

that any change from either the registered office or the

registered agent at the time of dissolution is properly

reported under Section 1-35 of this Act.

(c) When a dissolved limited liability company has complied

with the provisions of the Section, the Secretary of State

shall file the application for reinstatement.

(d) Upon the filing of the application for reinstatement,

the limited liability company existence shall be deemed to have

continued without interruption from the date of the issuance of

the notice of dissolution, and the limited liability company

shall stand revived with the powers, duties, and obligations as

if it had not been dissolved; and all acts and proceedings of

its members, managers, officers, employees, and agents, acting

or purporting to act in that capacity, and which would have

been legal and valid but for the dissolution, shall stand

ratified and confirmed.

(e) Without limiting the generality of subsection (d), upon

the filing of the application for reinstatement, no member,

manager, or officer shall be personally liable for the debts

and liabilities of the limited liability company incurred

during the period of administrative dissolution by reason of

the fact that the limited liability company was

administratively dissolved at the time the debts or liabilities

were incurred.

(Source: P.A. 98-776, eff. 1-1-15; revised 12-11-14.)

Section 620. The Illinois Securities Law of 1953 is amended

by changing Section 11a as follows:

(815 ILCS 5/11a) (from Ch. 121 1/2, par. 137.11a)

Sec. 11a. Fees.

(1) The Secretary of State shall by rule or regulation

impose and shall collect reasonable fees necessary for the

administration of this Act including, but not limited to, fees

for the following purposes:

(a) filing an application pursuant to paragraph (2) of

subsection F of Section 4 of this Act;

(b) examining an application and report pursuant to

paragraph (2) of subsection F of Section 4 of this Act;

(c) filing a report pursuant to subsection G of Section

4 of this Act, determined in accordance with paragraph (4)

of subsection G of Section 4 of this Act;

(d) examining an offering sheet pursuant to subsection

P of Section 4 of this Act;

(e) filing a report pursuant to subsection P of Section

4, determined in accordance with subsection P of Section 4

of this Act;

(f) examining an application to register securities

under subsection B of Section 5 of this Act;

(g) examining an amended or supplemental prospectus

filed pursuant to the undertaking required by

sub-paragraph (i) of paragraph (2) of subsection B of

Section 5 of this Act;

(h) registering or renewing registration of securities

under Section 5, determined in accordance with subsection C

of Section 5 of this Act;

(i) registering securities in excess of the amount

initially registered, determined in accordance with

paragraph (2) of subsection C of Section 5 of this Act;

(j) failure to file timely an application for renewal

under subsection E of Section 5 of this Act;

(k) failure to file timely any document or information

required under Section 5 of this Act;

(l) examining an application to register face amount

certificate contracts under subsection B of Section 6 of

this Act;

(m) examining an amended or supplemental prospectus

filed pursuant to the undertaking required by

sub-paragraph (f) of paragraph (2) of subsection B of

Section 6 of this Act;

(n) registering or renewing registration of face

amount certificate contracts under Section 6 of this Act;

(o) amending a registration of face amount certificate

contracts pursuant to subsection E of Section 6 of this Act

to add any additional series, type or class of contract;

(p) failure to file timely an application for renewal

under subsection F of Section 6 of this Act;

(q) adding to or withdrawing from deposits with respect

to face amount certificate contracts pursuant to

subsection H of Section 6, a transaction charge payable at

the times and in the manner specified in subsection H of

Section 6 (which transaction charge shall be in addition to

the annual fee called for by subsection H of Section 6 of

this Act);

(r) failure to file timely any document or information

required under Section 6 of this Act;

(s) examining an application to register investment

fund shares under subsection B of Section 7 of this Act;

(t) examining an amended or supplemental prospectus

filed pursuant to the undertaking required by

sub-paragraph (f) of paragraph (2) of subsection B of

Section 7 of this Act;

(u) registering or renewing registration of investment

fund shares under Section 7 of this Act;

(v) amending a registration of investment fund shares

pursuant to subsection D of Section 7 of this Act to

register an additional class or classes of investment fund

shares;

(w) failure to file timely an application for renewal

under paragraph (l) of subsection G of Section 7 of this

Act;

(x) examining an application for renewal of

registration of investment fund shares under paragraph (2)

of subsection G of Section 7 of this Act;

(y) failure to file timely any document or information

required under Section 7 of this Act;

(z) filing an application for registration or

re-registration of a dealer or limited Canadian dealer

under Section 8 of this Act for each office in this State;

(aa) in connection with an application for the

registration or re-registration of a salesperson under

Section 8 of or this Act, for the following purposes:

(i) filing an application;

(ii) a Securities Audit and Enforcement Fund fee;

and

(iii) a notification filing of federal covered

investment advisers;

(bb) in connection with an application for the

registration or re-registration of an investment adviser

under Section 8 of this Act;

(cc) failure to file timely any document or information

required under Section 8 of this Act;

(dd) filing a consent to service of process under

Section 10 of this Act;

(ee) issuing a certificate pursuant to subsection B of

Section 15 of this Act;

(ff) issuing a certified copy pursuant to subsection C

of Section 15 of this Act;

(gg) issuing a non-binding statement pursuant to

Section 15a of this Act;

(hh) filings by Notification under Section 2a;

(ii) notification filing of federal Regulation D,

Section 506 offering under the Federal 1933 Act;

(jj) notification filing of securities and closed-end

investment company securities;

(kk) notification filing of face amount certificate

contracts;

(ll) notification filing of open-end investment

company securities;

(mm) filing a report pursuant to subsection D of

Section 4 of this Act;

(nn) in connection with the filing of an application

for registration or re-registration of an investment

adviser representative under subsection D of Section 8 of

this Act.

(2) The Secretary of State may, by rule or regulation,

raise or lower any fee imposed by, and which he or she is

authorized by law to collect under, this Act.

(Source: P.A. 90-70, eff. 7-8-97; 91-357, eff. 7-29-99; revised

12-11-14.)

Section 625. The Ticket Sale and Resale Act is amended by

changing Sections 1 and 2 as follows:

(815 ILCS 414/1) (was 720 ILCS 375/1)

Sec. 1. Sale of tickets other than at box office

prohibited; exceptions.

(a) It is unlawful for any person, firm or corporation,

owner, lessee, manager, trustee, or any of their employees or

agents, owning, conducting, managing or operating any theater,

circus, baseball park, or place of public entertainment or

amusement where tickets of admission are sold for any such

places of amusement or public entertainment to sell or permit

the sale, barter or exchange of such admission tickets at any

other place than in the box office or on the premises of such

theater, circus, baseball park, or place of public

entertainment or amusement, but nothing herein prevents such

theater, circus, baseball park, or place of public

entertainment or amusement from placing any of its admission

tickets for sale at any other place at the same price such

admission tickets are sold by such theater, circus, baseball

park, or other place of public entertainment or amusement at

its box office or on the premises of such places, at the same

advertised price or printed rate thereof.

(b) Any term or condition of the original sale of a ticket

to any theater, circus, baseball park, or place of public

entertainment or amusement where tickets of admission are sold

that purports to limit the terms or conditions of resale of the

ticket (including but not limited to the resale price of the

ticket) is unenforceable, null, and void if the resale

transaction is carried out by any of the means set forth in

subsections (b), (c), (d), and (e) of Section 1.5 of this Act.

This subsection shall not apply to a term or condition of the

original sale of a ticket to any theater, circus, baseball

park, or place of public entertainment or amusement where

tickets of admission are sold that purports to limit the terms

or conditions of resale of a ticket specifically designated as

seating in a special section for a person with a physical

disability.

(Source: P.A. 94-20, eff. 6-14-05; revised 12-11-14.)

(815 ILCS 414/2) (was 720 ILCS 375/2)

Sec. 2. (a) Whoever violates any of the provisions of

Section 1.5 of this Act shall be guilty of a Class A

misdemeanor and may be fined up to $5,000.00 for each offense

and whoever violates any other provision of this Act may be

enjoined and be required to make restitution to all injured

consumers upon application for injunctive relief by the State's

Attorney or Attorney General and shall also be guilty of a

Class A misdemeanor, and any owner, lessee, manager or trustee

convicted under this Act shall, in addition to the penalty

herein provided, forfeit the license of such theatre, circus,

baseball park, or place of public entertainment or amusement so

granted and the same shall be revoked by the authorities

granting the same.

(b) Tickets sold or offered for sale by a person, firm or

corporation in violation of Section 1.5 of this Act may be

confiscated by a court on motion of the Attorney General, a

State's Attorney, the sponsor of the event for which the

tickets are being sold, or the owner or operator of the

facility at which the event is to be held, and may be donated

by order of the court to an appropriate organization as defined

under Section 2 of the Charitable Games Act.

(c) The Attorney General, a State's Attorney, the sponsor

of an event for which tickets are being sold, or the owner or

operator of the facility at which an event is to be held may

seek an injunction restraining any person, firm or corporation

from selling or offering for sale tickets in violation of the

provisions of this Act. In addition, on motion of the Attorney

General, a State's Attorney, the sponsor of an event for which

tickets are being sold, or the owner or operator of the

facility at which an event is to be held, a court may

permanently enjoin a person, firm or corporation found guilty

of violating Section 1.5 of this Act from engaging in the offer

or sale of tickets.

(Source: P.A. 91-357, eff. 7-29-99; revised 12-11-14.)

Section 630. The Consumer Fraud and Deceptive Business

Practices Act is amended by setting forth and renumbering

multiple versions of Section 2RRR as follows:

(815 ILCS 505/2RRR)

Sec. 2RRR. Household goods recycling bins.

(a) Notwithstanding any other provision of law, a person or

entity owning, operating, or maintaining a household goods

recycling bin shall have a permanent, written, printed label

affixed to the bin that is prominently displayed and includes

the following: (1) the name, address, and contact information

of the person or entity owning, operating, or maintaining that

bin; and (2) whether the person or entity owning, operating, or

maintaining the bin is a not for profit entity or a for profit

entity. A person or entity who violates this Section commits an

unlawful practice within the meaning of this Act.

(b) As used in this Section:

"Household goods recycling bin" or "bin" means a

container or receptacle held out to the public as a place

for people to discard clothes, shoes, books, and other

recyclable items until they are taken away for resale,

re-use, recycling, or redistribution by the person or

entity that owns, operates, or maintains the bin.

"Not for profit entity" means any entity that is

officially recognized by the United States Internal

Revenue Service as a tax-exempt entity described in Section

501(c)(3) of the Internal Revenue Code of 1986 (or any

successor provision of federal tax law).

(Source: P.A. 98-1116, eff. 1-1-15.)

(815 ILCS 505/2SSS)

Sec. 2SSS 2RRR. Unfair or deceptive patent infringement

demand letters.

(a) As used in this Section:

"Affiliated person" means a person affiliated with the

intended recipient of a written or electronic communication.

"Intended recipient" means a person who purchases, rents,

leases, or otherwise obtains a product or service in the

commercial market that is not for resale in the commercial

market and that is, or later becomes, the subject of a patent

infringement allegation.

(b) It is an unlawful practice under this Act for a person,

in connection with the assertion of a United States patent, to

send or cause any person to send any written, including

electronic, communication that states that the intended

recipient or any affiliated person is infringing or has

infringed a patent and bears liability or owes compensation to

another person, if:

(1) the communication falsely threatens that

administrative or judicial relief will be sought if

compensation is not paid or the infringement issue is not

otherwise resolved;

(2) the communication falsely states that litigation

has been filed against the intended recipient or any

affiliated person;

(3) the assertions contained in the communication lack

a reasonable basis in fact or law because:

(A) the person asserting the patent is not a

person, or does not represent a person, with the

current right to license the patent to or enforce the

patent against the intended recipient or any

affiliated person;

(B) the communication seeks compensation for a

patent that has been held to be invalid or

unenforceable in a final, unappealable or unappealed,

judicial or administrative decision; or

(C) the communication seeks compensation on

account of activities undertaken after the patent has

expired; or

(4) the content of the communication fails to include

information necessary to inform an intended recipient or

any affiliated person about the patent assertion by failing

to include the following:

(A) the identity of the person asserting a right to

license the patent to or enforce the patent against the

intended recipient or any affiliated person;

(B) the patent issued by the United States Patent

and Trademark Office alleged to have been infringed;

and

(C) the factual allegations concerning the

specific areas in which the intended recipient's or

affiliated person's products, services, or technology

infringed the patent or are covered by the claims in

the patent.

(c) Nothing in this Section shall be construed to deem it

an unlawful practice for any person who owns or has the right

to license or enforce a patent to:

(1) advise others of that ownership or right of license

or enforcement;

(2) communicate to others that the patent is available

for license or sale;

(3) notify another of the infringement of the patent;

or

(4) seek compensation on account of past or present

infringement or for a license to the patent.

(Source: P.A. 98-1119, eff. 1-1-15; revised 10-20-14.)

Section 635. The Day and Temporary Labor Services Act is

amended by changing Section 10 as follows:

(820 ILCS 175/10)

Sec. 10. Employment Notice.

(a) Whenever a day and temporary labor service agency

agrees to send one or more persons to work as day or temporary

laborers, the day and temporary labor service agency shall

provide to each day or temporary laborer, at the time of

dispatch, a statement containing the following items on a form

approved by the Department:

(1) the name of the day or temporary laborer;

(2) the name and nature of the work to be performed;

(3) the wages offered;

(4) the name and address of the destination of each day

or temporary laborer;

(5) terms of transportation; and

(6) whether a meal or equipment, or both, are provided,

either by the day and temporary labor service agency or the

third party client, and the cost of the meal and equipment,

if any.

If a day or temporary laborer is assigned to the same

assignment for more than one day, the day and temporary labor

service agency is required to provide the employment notice

only on the first day of the assignment and on any day that any

of the terms listed on the employment notice are changed.

If the day or temporary laborer is not placed with a third

party client or otherwise contracted to work for that day, the

day and temporary labor service agency shall, upon request,

provide the day and temporary laborer with a confirmation that

the day or temporary laborer sought work, signed by an employee

of the day and temporary labor service agency, which shall

include the name of the agency, the name and address of the day

or temporary laborer, and the date and the time that the day or

temporary laborer receives the confirmation.

(b) No day and temporary labor service agency may send any

day or temporary laborer to any place where a strike, a

lockout, or other labor trouble exists.

(c) The Department shall recommend to day and temporary

labor service agencies that those agencies employ personnel who

can effectively communicate information required in

subsections (a) and (b) to day or temporary laborers in

Spanish, Polish, or any other language that is generally

understood in the locale of the day and temporary labor service

agency.

(Source: P.A. 93-375, eff. 1-1-04; 94-511, eff. 1-1-06; revised

12-11-14.)

Section 640. The Victims' Economic Security and Safety Act

is amended by changing Section 30 as follows:

(820 ILCS 180/30)

Sec. 30. Victims' employment sustainability; prohibited

discriminatory acts.

(a) An employer shall not fail to hire, refuse to hire,

discharge, constructively discharge, or harass any individual,

otherwise discriminate against any individual with respect to

the compensation, terms, conditions, or privileges of

employment of the individual, or retaliate against an

individual in any form or manner, and a public agency shall not

deny, reduce, or terminate the benefits of, otherwise sanction,

or harass any individual, otherwise discriminate against any

individual with respect to the amount, terms, or conditions of

public assistance of the individual, or retaliate against an

individual in any form or manner, because:

(1) the individual involved:

(A) is or is perceived to be a victim of domestic

or sexual violence;

(B) attended, participated in, prepared for, or

requested leave to attend, participate in, or prepare

for a criminal or civil court proceeding relating to an

incident of domestic or sexual violence of which the

individual or a family or household member of the

individual was a victim, or requested or took leave for

any other reason provided under Section 20; or

(C) requested an adjustment to a job structure,

workplace facility, or work requirement, including a

transfer, reassignment, or modified schedule, leave, a

changed telephone number or seating assignment,

installation of a lock, or implementation of a safety

procedure in response to actual or threatened domestic

or sexual violence, regardless of whether the request

was granted; or

(D) is an employee whose employer is subject to

Section 21 of the Workplace Violence Prevention Act; or

(2) the workplace is disrupted or threatened by the

action of a person whom the individual states has committed

or threatened to commit domestic or sexual violence against

the individual or the individual's family or household

member.

(b) In this Section:

(1) "Discriminate", used with respect to the terms,

conditions, or privileges of employment or with respect to

the terms or conditions of public assistance, includes not

making a reasonable accommodation to the known limitations

resulting from circumstances relating to being a victim of

domestic or sexual violence or a family or household member

being a victim of domestic or sexual violence of an

otherwise qualified individual:

(A) who is:

(i) an applicant or employee of the employer

(including a public agency); or

(ii) an applicant for or recipient of public

assistance from a public agency; and

(B) who is:

(i) a victim of domestic or sexual violence; or

(ii) with a family or household member who is a

victim of domestic or sexual violence whose

interests are not adverse to the individual in

subparagraph (A) as it relates to the domestic or

sexual violence;

unless the employer or public agency can demonstrate that

the accommodation would impose an undue hardship on the

operation of the employer or public agency.

A reasonable accommodation must be made in a timely

fashion. Any exigent circumstances or danger facing the

employee or his or her family or household member shall be

considered in determining whether the accommodation is

reasonable.

(2) "Qualified individual" means:

(A) in the case of an applicant or employee

described in paragraph (1)(A)(i), an individual who,

but for being a victim of domestic or sexual violence

or with a family or household member who is a victim of

domestic or sexual violence, can perform the essential

functions of the employment position that such

individual holds or desires; or

(B) in the case of an applicant or recipient

described in paragraph (1)(A)(ii), an individual who,

but for being a victim of domestic or sexual violence

or with a family or household member who is a victim of

domestic or sexual violence, can satisfy the essential

requirements of the program providing the public

assistance that the individual receives or desires.

(3) "Reasonable accommodation" may include an

adjustment to a job structure, workplace facility, or work

requirement, including a transfer, reassignment, or

modified schedule, leave, a changed telephone number or

seating assignment, installation of a lock, or

implementation of a safety procedure, or assistance in

documenting domestic or sexual violence that occurs at the

workplace or in work-related settings, in response to

actual or threatened domestic or sexual violence.

(4) Undue hardship.

(A) In general. "Undue hardship" means an action

requiring significant difficulty or expense, when

considered in light of the factors set forth in

subparagraph (B).

(B) Factors to be considered. In determining

whether a reasonable accommodation would impose an

undue hardship on the operation of an employer or

public agency, factors to be considered include:

(i) the nature and cost of the reasonable

accommodation needed under this Section;

(ii) the overall financial resources of the

facility involved in the provision of the

reasonable accommodation, the number of persons

employed at such facility, the effect on expenses

and resources, or the impact otherwise of such

accommodation on the operation of the facility;

(iii) the overall financial resources of the

employer or public agency, the overall size of the

business of an employer or public agency with

respect to the number of employees of the employer

or public agency, and the number, type, and

location of the facilities of an employer or public

agency; and

(iv) the type of operation of the employer or

public agency, including the composition,

structure, and functions of the workforce of the

employer or public agency, the geographic

separateness of the facility from the employer or

public agency, and the administrative or fiscal

relationship of the facility to the employer or

public agency.

(c) An employer subject to Section 21 of the Workplace

Violence Prevention Act shall not violate any provisions of the

Workplace Violence Prevention Act.

(Source: P.A. 98-766, eff. 7-16-14; revised 12-11-14.)

Section 645. The Workplace Violence Prevention Act is

amended by changing Section 5 as follows:

(820 ILCS 275/5)

Sec. 5. Purpose. This Act is intended to assist employers

in protecting their workforces its workforce, customers,

guests, and property by limiting access to workplace venues by

potentially violent individuals.

(Source: P.A. 98-430, eff. 1-1-14; revised 12-11-14.)

Section 650. The Workers' Compensation Act is amended by

changing Section 6 as follows:

(820 ILCS 305/6) (from Ch. 48, par. 138.6)

Sec. 6. (a) Every employer within the provisions of this

Act, shall, under the rules and regulations prescribed by the

Commission, post printed notices in their respective places of

employment in such number and at such places as may be

determined by the Commission, containing such information

relative to this Act as in the judgment of the Commission may

be necessary to aid employees to safeguard their rights under

this Act in event of injury.

In addition thereto, the employer shall post in a

conspicuous place on the place of the employment a printed or

typewritten notice stating whether he is insured or whether he

has qualified and is operating as a self-insured employer. In

the event the employer is insured, the notice shall state the

name and address of his insurance carrier, the number of the

insurance policy, its effective date and the date of

termination. In the event of the termination of the policy for

any reason prior to the termination date stated, the posted

notice shall promptly be corrected accordingly. In the event

the employer is operating as a self-insured employer the notice

shall state the name and address of the company, if any,

servicing the compensation payments of the employer, and the

name and address of the person in charge of making compensation

payments.

(b) Every employer subject to this Act shall maintain

accurate records of work-related deaths, injuries and illness

other than minor injuries requiring only first aid treatment

and which do not involve medical treatment, loss of

consciousness, restriction of work or motion, or transfer to

another job and file with the Commission, in writing, a report

of all accidental deaths, injuries and illnesses arising out of

and in the course of the employment resulting in the loss of

more than 3 scheduled work days. In the case of death such

report shall be made no later than 2 working days following the

accidental death. In all other cases such report shall be made

between the 15th and 25th of each month unless required to be

made sooner by rule of the Commission. In case the injury

results in permanent disability, a further report shall be made

as soon as it is determined that such permanent disability has

resulted or will result from the injury. All reports shall

state the date of the injury, including the time of day or

night, the nature of the employer's business, the name,

address, age, sex, conjugal condition of the injured person,

the specific occupation of the injured person, the direct cause

of the injury and the nature of the accident, the character of

the injury, the length of disability, and in case of death the

length of disability before death, the wages of the injured

person, whether compensation has been paid to the injured

person, or to his or her legal representative or his heirs or

next of kin, the amount of compensation paid, the amount paid

for physicians', surgeons' and hospital bills, and by whom

paid, and the amount paid for funeral or burial expenses if

known. The reports shall be made on forms and in the manner as

prescribed by the Commission and shall contain such further

information as the Commission shall deem necessary and require.

The making of these reports releases the employer from making

such reports to any other officer of the State and shall

satisfy the reporting provisions as contained in the Safety

Inspection and Education Act, the Health and Safety Act, and

the Occupational Safety and Health Act. The reports filed with

the Commission pursuant to this Section shall be made available

by the Commission to the Director of Labor or his

representatives and to all other departments of the State of

Illinois which shall require such information for the proper

discharge of their official duties. Failure to file with the

Commission any of the reports required in this Section is a

petty offense.

Except as provided in this paragraph, all reports filed

hereunder shall be confidential and any person having access to

such records filed with the Illinois Workers' Compensation

Commission as herein required, who shall release any

information therein contained including the names or otherwise

identify any persons sustaining injuries or disabilities, or

give access to such information to any unauthorized person,

shall be subject to discipline or discharge, and in addition

shall be guilty of a Class B misdemeanor. The Commission shall

compile and distribute to interested persons aggregate

statistics, taken from the reports filed hereunder. The

aggregate statistics shall not give the names or otherwise

identify persons sustaining injuries or disabilities or the

employer of any injured or disabled person.

(c) Notice of the accident shall be given to the employer

as soon as practicable, but not later than 45 days after the

accident. Provided:

(1) In case of the legal disability of the employee or

any dependent of a deceased employee who may be entitled to

compensation under the provisions of this Act, the

limitations of time by this Act provided do not begin to

run against such person under legal disability until a

guardian has been appointed.

(2) In cases of injuries sustained by exposure to

radiological materials or equipment, notice shall be given

to the employer within 90 days subsequent to the time that

the employee knows or suspects that he has received an

excessive dose of radiation.

No defect or inaccuracy of such notice shall be a bar to

the maintenance of proceedings on arbitration or otherwise by

the employee unless the employer proves that he is unduly

prejudiced in such proceedings by such defect or inaccuracy.

Notice of the accident shall give the approximate date and

place of the accident, if known, and may be given orally or in

writing.

(d) Every employer shall notify each injured employee who

has been granted compensation under the provisions of Section 8

of this Act of his rights to rehabilitation services and advise

him of the locations of available public rehabilitation centers

and any other such services of which the employer has

knowledge.

In any case, other than one where the injury was caused by

exposure to radiological materials or equipment or asbestos

unless the application for compensation is filed with the

Commission within 3 years after the date of the accident, where

no compensation has been paid, or within 2 years after the date

of the last payment of compensation, where any has been paid,

whichever shall be later, the right to file such application

shall be barred.

In any case of injury caused by exposure to radiological

materials or equipment or asbestos, unless application for

compensation is filed with the Commission within 25 years after

the last day that the employee was employed in an environment

of hazardous radiological activity or asbestos, the right to

file such application shall be barred.

If in any case except one where the injury was caused by

exposure to radiological materials or equipment or asbestos,

the accidental injury results in death application for

compensation for death may be filed with the Commission within

3 years after the date of death where no compensation has been

paid or within 2 years after the date of the last payment of

compensation where any has been paid, whichever shall be later,

but not thereafter.

If an accidental injury caused by exposure to radiological

material or equipment or asbestos results in death within 25

years after the last day that the employee was so exposed

application for compensation for death may be filed with the

Commission within 3 years after the date of death, where no

compensation has been paid, or within 2 years after the date of

the last payment of compensation where any has been paid,

whichever shall be later, but not thereafter.

(e) Any contract or agreement made by any employer or his

agent or attorney with any employee or any other beneficiary of

any claim under the provisions of this Act within 7 days after

the injury shall be presumed to be fraudulent.

(f) Any condition or impairment of health of an employee

employed as a firefighter, emergency medical technician (EMT),

emergency medical technician-intermediate (EMT-I), advanced

emergency medical technician (A-EMT), or paramedic which

results directly or indirectly from any bloodborne pathogen,

lung or respiratory disease or condition, heart or vascular

disease or condition, hypertension, tuberculosis, or cancer

resulting in any disability (temporary, permanent, total, or

partial) to the employee shall be rebuttably presumed to arise

out of and in the course of the employee's firefighting, EMT,

or paramedic employment and, further, shall be rebuttably

presumed to be causally connected to the hazards or exposures

of the employment. This presumption shall also apply to any

hernia or hearing loss suffered by an employee employed as a

firefighter, EMT, EMT-I, A-EMT, or paramedic. However, this

presumption shall not apply to any employee who has been

employed as a firefighter, EMT, or paramedic for less than 5

years at the time he or she files an Application for Adjustment

of Claim concerning this condition or impairment with the

Illinois Workers' Compensation Commission. The rebuttable

presumption established under this subsection, however, does

not apply to an emergency medical technician (EMT), emergency

medical technician-intermediate (EMT-I), advanced emergency

medical technician (A-EMT), or paramedic employed by a private

employer if the employee spends the preponderance of his or her

work time for that employer engaged in medical transfers

between medical care facilities or non-emergency medical

transfers to or from medical care facilities. The changes made

to this subsection by Public Act 98-291 shall be narrowly

construed. The Finding and Decision of the Illinois Workers'

Compensation Commission under only the rebuttable presumption

provision of this subsection shall not be admissible or be

deemed res judicata in any disability claim under the Illinois

Pension Code arising out of the same medical condition;

however, this sentence makes no change to the law set forth in

Krohe v. City of Bloomington, 204 Ill.2d 392.

(Source: P.A. 98-291, eff. 1-1-14; 98-874, eff. 1-1-15; 98-973,

eff. 8-15-14; revised 10-1-14.)

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